Case 1:11-cv-01144-ESH Document 8

Filed 11/09/11 Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ______________________________ ) AMERICAN TRADITION ) INSTITUTE, ) ) Plaintiff, ) ) v. ) Civil Action No. 11-01144 ESH ) NATIONAL AERONAUTICS ) AND SPACE ADMINISTRATION, ) ) Defendant. ) ) NOTICE THAT DEFENDANT WILL NOT BE FILING A MOTION FOR SUMMARY JUDGMENT This is a Freedom of Information Act case in which the time for the filing of defendants motion for summary judgment and Vaughn index has been extended to today, November 9, 2011. The parties have, however, resolved their disagreement over the withholding from production to plaintiff of documents relating to Dr. James E. Hansens requests for permission to engage in outside employment or activity. Two hundred and twenty seven pages of these

documents had been withheld. After interagency discussions, it was determined that these documents should be released to plaintiff, and they were, with redactions made to parts of documents 000000025 through 28. As a result of this release, plaintiffs counsel has advised undersigned counsel (Fred E. Haynes) primarily responsible for this case for defendant that plaintiff no longer challenges the non-production of documents in response to the paragraphs of the FOIA request that are at issue in this case. Consequently, the only issue remaining to be resolved in the case is whether and to what extent plaintiff is entitled to an award of attorneys fees. The parties are now engaged in

Case 1:11-cv-01144-ESH Document 8

Filed 11/09/11 Page 2 of 2

discussions on that issue, and defendant will file a status report by December 1, 2011, advising the Court of the status of those discussions (if a stipulation of settlement as to the attorneys fee amounts has not earlier been filed with the Court). Respectfully submitted, RONALD C. MACHEN JR., D.C. Bar #447889 United States Attorney for the District of Columbia RUDOLPH CONTRERAS, D.C. Bar #434122 Chief, Civil Division /s/ Fred E. Haynes FRED E. HAYNES, D.C. Bar #165654 Assistant United States Attorney 555 Fourth Street, N.W., Room E-4110 Washington, D.C. 20530 202.514.7201 fred.haynes@usdoj.gov OF COUNSEL: LAURA M. GIZA Deputy Chief Counsel Office of Chief Counsel NASA Goddard Space Flight Center Greenbelt, Maryland