Case 1:07-cv-02003-EGS Document 26 Filed 11/18/2009 Page 1 of 2

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

Citizens for Responsibility and )

Ethics in Washington, )
)
Plaintiff, )
)
v. ) Civil Action No.: 07-2003 (EGS)
)
U.S. Department of Defense, Defense )
Information Systems Agency, )
)
Defendant. )
____________________________________)

PLAINTIFF’S OPPOSITION TO DEFENDANT’S RENEWED MOTION FOR

SUMMARY JUDGMENT WITH RESPECT TO THE ADEQUACY OF ITS SEARCH
FOR EMAILS PREDATING OCTOBER 2005

On September 29, 2009, this Court denied summary judgment on the adequacy of

defendant’s search for emails predating October 2005. See September 29, 2009 Opinion (dkt.

No. 24) at 11-12. The Court further denied summary judgment on defendant’s claim of that an

email communication identified in Group 11 of defendant’s Vaughn index was exempt as subject

to the deliberative process privilege. Id. at 18-19.

On November 6, 2009, Defendant released the email communication identified in Group

11 of defendant’s Vaughn index, thereby rendering this claim moot. Additionally, defendant has

now renewed its motion for summary judgment with respect to the adequacy of its search. In

support of its renewed motion, defendant provided the declaration of Nancy L. Deitch, the Chief

of Staff of the White House Communications Agency. Ms. Dietch stated defendant did not

originally search for paper copies of these records because the records involved communications

about the “President’s travel, logistical and communication needs, rather than the formulation of

policy or other matters of ongoing operational value.” Declaration of Nancy L. Dietch, ¶3.

 
 
 Case 1:07-cv-02003-EGS Document 26 Filed 11/18/2009 Page 2 of 2

Nevertheless, the defendant has now conducted the paper search and found no records. Id., ¶4.

In light of this new information provided on the record, plaintiff no longer contests the adequacy

of defendant’s search for responsive records in this matter. As such, plaintiff does not oppose

the award of summary judgment on this issue for defendant.

Dated: November 18, 2009 Respectfully Submitted,

___________/s/_______________
Scott A. Hodes, D.C. Bar #430375
P.O. Box 42002
Washington, D.C. 20015
301-404-0502
413-641-2833 (fax)

__________/s/_________________
Anne L. Weismann, D.C. Bar # 298190
Melanie Sloan, D.C. Bar # 434584
Citizens for Ethics and
Responsibility in Washington
1400 Eye Street, N.W., Suite 450
Washington, D.C.
202-408-5565
202-588-5020 (fax)
Attorneys for Plaintiff

2 
 
 Case 1:07-cv-02003-EGS Document 26-2 Filed 11/18/2009 Page 1 of 1

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

)
Citizens for Responsibility and )
Ethics in Washington, )
)
Plaintiff, )
)
v. ) Civil Action No.: 07-2003 (EGS)
)
U.S. Department of Defense, Defense )
Information Systems Agency, )
)
Defendant. )
____________________________________)

[PROPOSED] ORDER

UPON CONSIDERATION of the Plaintiff’s Opposition to Defendant’s Renewed Motion

for Summary Judgment, and the entire record herein, it is hereby, ORDERED that based on the

information provided by Defendant concerning its search for responsive records, Defendant’s

motion is GRANTED.

________________________ _ __________________________
DATE EMMET G. SULLIVAN
UNITED STATES DISTRICT JUDGE