Case 1:07-cv-00964-CKK Document 68 Filed 03/13/2009 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

CITIZENS FOR RESPONSIBILITY AND )

ETHICS IN WASHINGTON, )
)
Plaintiff, )
)
v. ) Civil Action No: 1:07-CV-00964 (CKK)
)
OFFICE OF ADMINISTRATION, )
)
Defendant. )
)

UNOPPOSED MOTION TO AMEND JANUARY 15, 2009 ORDER

On January 15, 2009, the Court ordered (docket # 66) that defendant, the Office of

Administration (OA), preserve all records which are “potentially responsive” to plaintiff’s April

16, 2007 and April 18, 2007 requests under the Freedom of Information Act (FOIA), 5 U.S.C. §

552, pending resolution of plaintiff's appeal from this Court's decision of June 16, 2008 that OA

is not an agency subject to FOIA. The Court further required OA “to physically segregate such

documents from the records of the incoming administration.” Id. In addition, only OA’s Chief

Administrative Officer (or his or her designee) shall have access to the records “for the sole

purpose of ensuring the records are properly preserved and stored until the D.C. Circuit issues a

ruling” resolving the issue in plaintiff’s pending appeal. Id. The Court also ordered that “OA

shall not transfer any potentially responsive records out of its custody or control without leave of

this Court.” Id.

Defendant moves to amend the January 15 Order to allow access to the records that have

been segregated by OA as potentially responsive to plaintiff’s FOIA requests in this case. The

records at issue here are relevant to two pending consolidated cases, i.e. Citizens for
 Case 1:07-cv-00964-CKK Document 68 Filed 03/13/2009 Page 2 of 3

Responsibility and Ethics in Washington v. Executive Office of the President, et al. No. 1:07-cv-

01707 (HHK/JMF) and National Security Archive v. Executive Office of the President, No. 1:07-

cv-01577 (HHK/JMF). The parties in these consolidated cases are in the process of exploring

whether the issues raised therein can be resolved by settlement rather than continued litigation

and, thus, it is necessary for the incumbent administration, including Department of Justice

attorneys, to review the records covered by the January 15 Order. Assuming the parties in the

consolidated cases agree on a process for resolving those cases and the motion to amend is

granted, the records would be reviewed by personnel in the current White House Counsel’s

Office, OA, the Department of Justice, and the National Archives and Records Administration

before being produced to the plaintiffs in the consolidated cases.

Pursuant to Local Rule 7(m), counsel for defendant consulted with counsel for plaintiff,

Anne Weismann, who stated that she does not oppose this motion.

CONCLUSION

For the foregoing reasons, the motion to amend should be granted to allow access to the

records that are potentially responsive to plaintiff’s FOIA requests in this case for review in

connection with settlement discussions in the consolidated cases noted above.

Dated: March 13, 2009 Respectfully submitted,

MICHAEL F. HERTZ
Acting Assistant Attorney General

JEFFREY A. TAYLOR
United States Attorney

ELIZABETH J. SHAPIRO
Deputy Branch Director

2
Case 1:07-cv-00964-CKK Document 68 Filed 03/13/2009 Page 3 of 3

/s/ Jean Lin

JEAN LIN
Federal Programs Branch, Civil Division
United States Department of Justice
20 Massachusetts Ave., N.W.
Washington, D.C. 20530
Tel: (202) 514-3716
Fax: (202) 616-8407

Attorneys for Defendant

3
 Case 1:07-cv-00964-CKK Document 68-2 Filed 03/13/2009 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

CITIZENS FOR RESPONSIBILITY AND )

ETHICS IN WASHINGTON, )
)
Plaintiff, )
)
v. ) Civil Action No: 1:07-CV-00964 (CKK)
)
OFFICE OF ADMINISTRATION, )
)
Defendant. )
)

[PROPOSED] ORDER GRANTING DEFENDANT’S

UNOPPOSED MOTION TO AMEND JANUARY 15, 2009 ORDER

Upon consideration of defendant’s unopposed motion to amend the January 15,

2009 Order, it is hereby

ORDERED that Defendant’s Motion to Amend is GRANTED.

Dated: ________________ _______________________________

COLLEEN KOLLAR-KOTELLY
United States District Court Judge