Case 1:10-cv-01712-RMC Document 12 Filed 04/08/11 Page 1 of 2

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

CITIZENS FOR RESPONSIBILITY AND :

ETHICS IN WASHINGTON, :
Plaintiff :
CA No. 10-01712 (RMC)
v. :

UNITED STATES DEPARTMENT :

OF EDUCATION,
:
Defendants.

JOINT MOTION TO STAY THE CASE

The parties respectfully request that the Court stay all proceedings in this matter. The

stay is requested for the reasons set forth below.

This is a Freedom of Information Act case in which Plaintiff has requested "any and all

records of or reflecting communications from April 20, 2009, to the present to, from, and/or

between officials at Education regarding for-profit education and any and all of [] eleven named

entities and/or individuals.” In November and December 2010, the Defendant submitted to

Plaintiff approximately 1900 pages of responsive documents found through its search. In

February 2011, Defendant filed a motion for summary judgment based on Defendant’s search,

and in March 2010, Plaintiff filed an opposition.

Defendant thereafter conducted a new search that identified a voluminous amount of e-

mails, approximately 10,000, not previously identified that possibly are responsive to Plaintiff’s

FOIA request. Defendant currently is processing these documents.

In light of the results of the new search, Defendant is withdrawing its summary judgment

motion, ECF #7. A notice of withdrawal is being filed at the same time as this motion.

Defendant estimates it will complete processing of these documents by April 22, 2011,
 Case 1:10-cv-01712-RMC Document 12 Filed 04/08/11 Page 2 of 2

barring no furloughs, and has agreed to produce documents to Plaintiff on a rolling basis. Upon

completion of the processing and submission of the documents to Plaintiff, Plaintiff will need

time to review the documents and assess whether any issues remain to be litigated.

Therefore, the parties respectfully request that the case be stayed to allow for completion

of the processing and submission of the documents to Plaintiff and to allow Plaintiff sufficient

time to review the documents. The parties request that the case be stayed until 30 days after the

final submission of documents to Plaintiff and that they be allowed to submit a status report to

the Court 30 days after the final submission of documents to Plaintiff .

Respectfully submitted,

RONALD C. MACHEN Jr. , D.C. Bar #447889

United States Attorney

RUDOLPH CONTRERAS, D.C. Bar #434122

Chief, Civil Division

By: /s/ Rhonda C. Fields

RHONDA C. FIELDS
Assistant United States Attorney
Civil Division
555 Fourth Street, N.W.
Washington, D.C. 20530
202/514/6970
Fax: 202/514/8780