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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
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
___________/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
)
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
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