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AMERICAN CIVIL LIBERTIES UNION v. DEPARTMENT OF DEFENSE

United States District Court, S.D. New York


December 2, 2004.

AMERICAN CIVIL LIBERTIES UNION, CENTER FOR CONSTITUTIONAL RIGHTS, PHYSICIANS FOR HUMAN RIGHTS, VETERANS FOR COMMON SENSE AND VETERANS FOR PEACE, Plaintiffs,
v.
DEPARTMENT OF DEFENSE, AND ITS COMPONENTS DEPARTMENT OF ARMY, DEPARTMENT OF NAVY, DEPARTMENT OF AIR FORCE, DEFENSE INTELLIGENCE AGENCY; DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF JUSTICE, AND ITS COMPONENTS CIVIL RIGHTS DIVISION, CRIMINAL DIVISION, OFFICE OF INFORMATION AND PRIVACY, OFFICE OF INTELLIGENCE POLICY AND REVIEW, FEDERAL BUREAU OF INVESTIGATION; DEPARTMENT OF STATE; AND CENTRAL INTELLIGENCE AGENCY, Defendants.

The opinion of the court was delivered by: ALVIN HELLERSTEIN, District Judge

ORDER

WHEREAS, the parties appeared before the Court for a conference on November 16, 2004, pursuant to this Court's Order dated November 1, 2004, it is hereby

ORDERED that, by November 29, 2004, plaintiffs shall file their opposition to the Government's motion regarding documents in the possession of the Office of Inspector General of the Central Intelligence Agency, and the Government shall file its reply brief by December 8, 2004;

  ORDERED that, by December 30, 2004, plaintiffs shall file their motion for summary judgment regarding selected documents on plaintiffs' list of seventy items dated August 16, 2004 as set forth in plaintiffs' letter dated October 29, 2004;

  ORDERED that, by January 28, 2005, the Government shall file its opposition to plaintiffs' motion for summary judgment, and any related cross motion, and that the Government shall file only one memorandum of law in support of both its opposition and any cross motion;

  ORDERED that, by February 11, 2005, plaintiffs shall file their reply in support of their summary judgment motion, and any related opposition to defendants' cross motion, and that plaintiffs shall file only one memorandum of law in support of both their reply and in opposition to any cross motion by defendants;

  ORDERED that defendants shall file their reply brief in support of any cross motion by February 25, 2005;

  ORDERED that, as the Department of Defense has advised the Court that the database of the paper records of the Coalition Provisional Authority ("CPA") is expected to be completed by December 3, 2004, the Department of Defense ("DOD") is relieved of the obligations regarding the CPA as set forth in this Court's order of November 1, 2004 but, after completion of the CPA database, DOD shall conduct a search of the CPA database for documents responsive to plaintiffs' request and serve upon plaintiffs an interim production or identification of such responsive documents by December 17, 2004, and nothing in this Order shall be construed as altering the Court's November 1, 2004 Order with respect to the requirement that the Department of Defense "shall provide substantially complete responses to all other pending FOIA demands by plaintiffs by January 31, 2005, and partial responses, at a rate reflecting identification and review of at least 10,000 pages per month, by November 30, 2004 and December 31, 2004";

  ORDERED that, by December 15, 2004, the Government shall serve upon plaintiffs a final administrative response to plaintiffs' FOIA requests, together with any responsive documents appropriate for release, on behalf of the Federal Bureau of Investigation ("FBI") and Central Intelligence Agency ("CIA");

  ORDERED that, by December 31, 2004, the Government shall serve upon plaintiffs a final administrative response to plaintiffs' FOIA requests, together with any responsive documents appropriate for release, on behalf of the Department of State ("DOS");

  ORDERED that, by January 31, 2005, the Government shall serve upon plaintiffs charts that identify responsive documents not released by the FBI, CIA and DOS and that identify the exemptions justifying the withholding of those documents if such exemptions have not been provided previously to plaintiffs, and that plaintiffs, within 11 days of receiving these charts, shall respond by identifying for the Government the specific documents on these charts which plaintiffs wish to be the subject of further litigation;

  ORDERED that, by November 30, 2004, the Government shall serve upon plaintiffs a document identifying the exemptions justifying the withholding of any CIA documents on plaintiffs' list of August 16, 2004, where such information previously has not been provided; and

  ORDERED that the Court will hold a conference with the parties on February 22, 2005 at 4:00 p.m. to resolve any remaining issues.

  SO ORDERED.

20041202

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