Case 1:08-cv-01046-JDB Document 9 Filed 09/25/2008 Page 1 of 5

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
______________________________
CITIZENS FOR RESPONSIBILITY )
AND ETHICS IN WASHINGTON, )
)
Plaintiff, )
)
v. ) Civil Action No. 08-1046 (JDB)
)
DEPARTMENT OF )
HOMELAND SECURITY, )
)
Defendant. )
______________________________)

DEFENDANT’S MOTION FOR AN EXTENSION OF TIME

The defendant respectfully moves the Court, pursuant to Fed. R. Civ. P. 6(b), for an

extension of time as set forth herein to respond to the second part of plaintiff’s Freedom of

Information Act (“FOIA”) request.

Pursuant to Local Rule 7(m), the parties conferred in this matter. Plaintiff, Citizens for

Responsibility and Ethics in Washington, neither consents nor opposes this motion. A proposed

order granting this Motion is attached. There is good cause for the Court to grant this Motion.

This Motion for an Extension of Time addresses the need for further time to respond to

the second part of plaintiff’s March 17, 2008, FOIA request sent to the U.S. Customs and Border
 Case 1:08-cv-01046-JDB Document 9 Filed 09/25/2008 Page 2 of 5

Protection (“CBP”)1 and the Department of Homeland Security (“DHS”).2

CBP has been working diligently on the second part of plaintiff’s request3 but due to the

voluminous nature of the records that are responsive to the request and the time it will take to

process the responsive records, the defendant proposes the following schedule for release of non-

exempt records and a status report in order to allow CBP to release the non-exempt documents or

portions of those records, and withhold documents in whole or in part under any applicable FOIA

exemptions.

For all records responsive to the second part of plaintiff’s FOIA request, which at this

time is estimated to be approximately 4,000 records, but not including emails responsive to the

request, the following release and processing schedule is proposed:

October 17 CBP to process 1,000 pages and release non-exempt pages or portions
thereof by October 17.

November 17 CBP to process 1,000 pages and release non-exempt pages or portions
thereof by November 17.

December 17 CBP to process 1,000 pages and release non-exempt pages or portions
thereof by December 17.

1
Note the second part of the March 17, 2008 FOIA request was revised by the parties. As
set forth in Defendant’s answer (Dkt. No. 4, filed July 18, 2008), the second part of the FOIA
request is as follows: “[a]ny and all records, regardless of format, concerning deliberations,
standards, and criteria encompassing the decision-making process surrounding where SBI
fencing should be constructed along the U.S. border with Mexico. This request excludes any
records relating to fencing done prior to the inception of the Secure Border Initiative (i.e., pre-
existing OBP fencing), as well as any procurement and contract-related records, with the
exception of records referencing the rationale for any changes in SBI-related fence location.”
2
Although DHS never actually received the March 17, 2008, FOIA request, they are now
in the process of searching for responsive records.
3
CBP has already responded to the first part of plaintiff’s FOIA request. See Proposed
Briefing Schedule, filed September 5, 2008.

2
 Case 1:08-cv-01046-JDB Document 9 Filed 09/25/2008 Page 3 of 5

January 17, 2009 CBP to process 1,000 pages and release non-exempt pages or portions
thereof by January 17.

For all emails that are responsive to the second part of plaintiff’s FOIA request, it is

proposed that the parties will confer on October 8, 2008 to discuss the search for and processing

of the emails and provide the Court with a status report regarding the emails on October 15,

2008.

For these reasons, defendant respectfully requests this Court to grant this Motion for an

Extension of Time.

Dated: September 25, 2008 Respectfully submitted,

/s/
JEFFREY A. TAYLOR, D.C. Bar # 498610
United States Attorney

/s/
RUDOLPH CONTRERAS, D.C. Bar # 434122
Assistant United States Attorney

/s/
CINDY OWENS, D.C. BAR # 491465
Special Assistant United States Attorney
Civil Division
555 4th Street, N.W.
Washington, D.C. 20530
(202) 616-2257
(202) 514-8780 (fax)
cindy.owens@usdoj.gov

Of Counsel:
SIMON FISHEROW, U.S. Customs and Border Protection
DAVID PALMER, U.S. Department of Homeland Security
SUSAN SHAMA, U.S. Customs and Border Protection

3
 Case 1:08-cv-01046-JDB Document 9 Filed 09/25/2008 Page 4 of 5

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
______________________________
CITIZENS FOR RESPONSIBILITY )
AND ETHICS IN WASHINGTON, )
)
Plaintiff, )
)
v. ) Civil Action No. 08-1046 (JDB)
)
DEPARTMENT OF )
HOMELAND SECURITY, )
)
Defendant. )
______________________________)

ORDER

Upon consideration of Defendant’s Consent Motion to for an Extension of Time, and the

entire record herein, it is this _____ day of _____, 2008,

ORDERED that Defendant’s Consent Motion to for an Extension of Time, is hereby

GRANTED, and it is

FURTHER ORDERED that for all records responsive to the second part of plaintiff’s

FOIA request, the following processing and release schedule is:

October 17 CBP to process 1,000 pages and release non-exempt pages or portions
thereof by October 17.

November 17 CBP to process 1,000 pages and release non-exempt pages or portions
thereof by November 17.

December 17 CBP to process 1,000 pages and release non-exempt pages or portions
thereof by December 17.

January 17, 2009 CBP to process 1,000 pages and release non-exempt pages or portions
thereof by January 17, and it is
 Case 1:08-cv-01046-JDB Document 9 Filed 09/25/2008 Page 5 of 5

FURTHER ORDERED that for all emails that are responsive to the second part of

plaintiff’s FOIA request, the parties will confer and file a status report with the Court on October

15, 2008.

_______________________________
UNITED STATES DISTRICT JUDGE