Case 1:07-cv-00964-CKK Document 69 Filed 04/07/2009 Page 1 of 3

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

____________________________________
CITIZENS FOR RESPONSIBILITY AND )
ETHICS IN WASHINGTON, )
)
Plaintiff, )
)
v. ) Civil No. 07-0964 (CKK)
)
OFFICE OF ADMINISTRATION, )
)
Defendant. )
____________________________________)

JOINT STATUS REPORT REGARDING THE PARTIES’ NEED TO ACCESS

RECORDS SUBJECT TO THE COURT’S JANUARY 15 ORDER

On March 13, 2009, defendant Office of Administration (OA) filed an unopposed motion

to amend the Court’s January 15, 2009 Order (docket # 68)to allow access to the records that

have been segregated by OA as potentially responsive to plaintiff’s Freedom of Information Act

(FOIA) requests at issue in this case. Defendant explained that access was needed to facilitate

settlement discussions underway in two consolidated cases, Citizens for Responsibility and

Ethics in Washington v. Executive Office of the President (No. 07-1707 HHK/JMF) and Nat’l

Sec. Archive v. Executive Office of the President (No. 07-1577 HHK/JMF).

Since the filing of that motion the parties in the two consolidated cases have filed a joint

motion to stay both cases to provide the parties ample opportunity to attempt to resolve the cases

through settlement rather than continued litigation. The court in the consolidated cases granted

this motion on March 31, 2009. The records subject to this Court’s January 15, 2009 order and

to which defendant OA seeks access here lie at the heart of the two consolidated cases and

meaningful settlement discussions in those cases cannot go forward unless and until the parties

are permitted access to the OA documents at issue here. The parties contemplate that after
 Case 1:07-cv-00964-CKK Document 69 Filed 04/07/2009 Page 2 of 3

personnel in the White House Counsel’s Office, OA, the Department of Justice, and the National

Archives and Records Administration (NARA) have reviewed the documents, they will produce

non-privileged documents to the plaintiffs in furtherance of a settlement. NARA, a defendant in

the consolidated cases, supports this request for access to the OA documents at issue here.

Given the critical importance of the OA documents to the settlement process in the consolidated

cases, CREW and OA respectfully submit that the Court’s granting of the pending motion to

amend in an expeditious manner would materially advance the settlement of those cases

Dated: April 7, 2009 Respectfully submitted,

____/s/_____________________
Anne L. Weismann
(D.C. Bar No. 298190)
Melanie Sloan
(D.C. Bar No. 434584)
Citizens for Responsibility and Ethics
in Washington
1400 Eye Street, N.W., Suite 450
Washington, D.C. 20005
Telephone: 202-408-5565
Fax: 202-588-5020

Attorneys for plaintiff

MICHAEL F. HERTZ
Acting Assistant Attorney General

JEFFREY A. TAYLOR
United States Attorney

ELIZABETH J. SHAPIRO
Deputy Branch Director

______/s/ Jean Lin________________

JEAN LIN
Federal Programs Branch, Civil Division

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Case 1:07-cv-00964-CKK Document 69 Filed 04/07/2009 Page 3 of 3

United States Department of Justice

20 Massachusetts Ave., N.W.
Washington, D.C. 20530
Tel: (202) 514-3716
Fax: (202) 616-8407

Attorneys for Defendant