Free Joint Case Management Statement - District Court of California - California

Case 4:07-cv-04212-SBA

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JOANNE SPALDING (CSBN 169560) Sierra Club Environmental Law Program 85 Second Street, Second Floor San Francisco, CA 94105 Tel: (415) 977-5725 Fax: (415) 977-5793 E-mail: [email protected] Attorney for Plaintiff Sierra Club JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division ELLEN M. FITZGERALD (NY 2408805) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, CA 94102-3495 Tel: (415) 436-7314 Fax: (415) 436-6748 E-mail: [email protected] Attorneys for Defendant

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT CASE MANAGEMENT CONFERENCE STATEMENT C 07-04112 SBA Plaintiff, the Sierra Club, and defendant, the U.S. Federal Emergency Management Agency ("FEMA"), by and through their undersigned counsel, hereby submit the following Joint Case Management Conference Statement pursuant to Rule 16-9 of the Local Civil Rules for the SIERRA CLUB UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) Plaintiff, ) ) v. ) ) ) U.S. FEDERAL EMERGENCY ) MANAGEMENT AGENCY, ) ) Defendant. ) ____________________________________) Case No. CV 07-04212 SBA JOINT CASE MANAGEMENT CONFERENCE STATEMENT DATE: February 6, 2008 TIME: 3:30 p.m. via telephone

Case 4:07-cv-04212-SBA

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Northern District of California: 1. Jurisdiction and Service: This is an action arising under the Freedom of Information

Act, 5 U.S.C. § 552 ("FOIA"), over which this court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331. Personal jurisdiction, venue, and service are not at issue. 2 Facts: By separate letters to FEMA Regions IV, VI, and IX, dated July 6, 2007, the

Sierra Club served FEMA with FOIA requests for "records related to FEMA's flood hazard assessments and map revision processes" for 69 counties in Alabama, Florida, Mississippi, Louisiana, Texas, and California. Specifically, the Sierra Club requested all records showing updated flood-risk data, mapping needs assessments, and revised maps for listed counties; all records showing whether these activities were initiated and carried out by communities or by FEMA as well as all records documenting those specific regions in which food plain assessments did not occur. By letter dated July 12, 2007, FEMA Region IV acknowledged receipt of the Sierra Club's request. The Sierra Club did not receive a response from FEMA within the 20-day statutory deadline and, on or about August 16, 2007, the Sierra Club commenced this action to compel the release of FEMA records. FEMA posits that the amount of documents potentially responsive to plaintiff's request for all records concerning flood plain assessments in 69 counties in Louisiana, Texas, California, Alabama, Florida, and Mississippi for the past 13 years is voluminous. FEMA was unable to process this exceptional amount of responsive records within the 20-day statutory time period. See 5 U.S.C. § 552(a)(6)(C)(I). FEMA is exercising due diligence to respond to the Sierra Club's requests but requires additional time to confer with Sierra Club representatives about the specific records they are seeking and complete a review of the records. Without conceding that exceptional circumstances exist and without waiving any claims under FOIA, the Sierra Club is working in good faith with FEMA to identify specific responsive records. 3. 4. Legal Issues: None are anticipated at this time. Motions: None anticipated at this time. If the parties are unable to resolve their dispute,

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plaintiff and defendant anticipate filing cross-motions for summary judgment. 5. 6. Amendment of Pleadings: None. Evidence Preservation: FEMA has taken affirmative steps to preserve documents and

evidence related to this action. 7. Disclosures: FEMA does not believe initial disclosures are necessary at this time. FEMA

has contacted the Sierra Club and is making a good faith effort to provide the documents responsive to the Sierra Club's FOIA requests. 8. Discovery: None at this time. The parties are attempting to resolve this matter without

engaging in formal discovery. 9. 10. 11. Class Actions: Not applicable. Related Cases: None. Relief: The Sierra Club seeks an order directing FEMA to disclose the records and an

award of costs and reasonable attorneys fees incurred in this action. 12. Settlement and ADR: The parties are seeking to resolve the issue of FEMA's disclosure

of agency records without engaging in the formal ADR process. 13. Consent to Magistrate Judge for All Purposes: The parties do not consent to have this

matter heard by a magistrate judge for all purposes. 14. 15. 16. 17. Other References: None. Narrowing of Issues: None at this time. Expedited Schedule: No. Scheduling: On or about January 24, 2008, FEMA produced a CD containing records

responsive to the Sierra Club's FOIA request for documents pertaining to the National Flood Insurance Program's flood hazard assessments and map revision process. The production of these records constituted an interim release. FEMA has also located scoping documents responsive to FEMA's request but these additional records, consisting of approximately one thousand pages, contain personal identifying information that FEMA must redact before the JOINT CASE MANAGEMENT CONFERENCE STATEMENT C 07-04112 SBA 3

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records are produced to the Sierra Club. FEMA has agreed to complete the redaction and produce these records on or before March 3, 2008. 18. 19. Trial: Not applicable. Disclosure of Non-party Interested Entities or Persons: None.

Dated: January 30, 2008 Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney By: /s/ ELLEN M. FITZGERALD Assistant United States Attorney Attorney for Defendant

SIERRA CLUB ENVIRONMENTAL LAW PROGRAM

By:

_______/s/_________ JOANNE SPALDING Attorney for Plaintiff

JOINT CASE MANAGEMENT CONFERENCE STATEMENT C 07-04112 SBA