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

Case 4:07-cv-04212-SBA

Document 13

Filed 11/16/2007

Page 1 of 4

1 2 3 4 5 6 7 8 9 10 11 12

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 SCOTT N. SCHOOLS (SC 9990) 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 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 Civil Local Rule 16-9: 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 STATEMENT DATE: November 29, 2007 TIME: 2:45 p.m. via telephone

Case 4:07-cv-04212-SBA

Document 13

Filed 11/16/2007

Page 2 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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,

plaintiff and defendant anticipate filing cross-motions for summary judgment. JOINT CASE MANAGEMENT STATEMENT C 07-04112 SBA 2

Case 4:07-cv-04212-SBA

Document 13

Filed 11/16/2007

Page 3 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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 November 13, 2007, members of the Sierra Club and their counsel

conferred by telephone with FEMA personnel and counsel for the United States. FEMA initiated the call to learn what types of specific information the Sierra Club was seeking and to provide the Sierra Club with information about which FEMA documents would be most responsive to their requests. The conference call was productive. FEMA directed the Sierra Club members to websites where some of the information they are seeking is available. The Sierra Club agreed to review the information on those websites to confirm that the records available there satisfy the JOINT CASE MANAGEMENT STATEMENT C 07-04112 SBA 3

Case 4:07-cv-04212-SBA

Document 13

Filed 11/16/2007

Page 4 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

request for records showing updated flood-risk data, mapping needs assessments, and revised maps for the listed counties. FEMA also agreed to pursue additional information about the agency's Management Information Portal (MIP); scoping documents prepared in the map updating process; and any procedural or prioritization documents reflecting how map updating decisions are made. FEMA has agreed to make any responsive records available on or before January 21, 2007. 18. 19. Trial: Not applicable. Disclosure of Non-party Interested Entities or Persons: None.

Dated: November 16, 2007 Respectfully submitted, SCOTT N. SCHOOLS 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 STATEMENT C 07-04112 SBA