Case 1:10-cv-01810-ABJ Document 14-1 Filed 04/19/11 Page 1 of 2

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
____________________________________
)
CITIZENS FOR RESPONSIBILITY )
AND ETHICS IN WASHINGTON )
)
Plaintiff, )
)
v. ) Civil Action No. 1:10-cv-1810 (ABJ)
)
U.S. DEPARTMENT OF JUSTICE )
)
Defendant. )
____________________________________)

DEFENDANT’S RESPONSE TO PLAINTIFF’S

STATEMENT OF MATERIAL FACTS

Pursuant to Local Civil Rule 7(h) of the Rules of the United States District Court for the

District of Columbia, and in support of its Opposition to Plaintiff’s Cross-Motion for Summary

Judgment, Defendant United States Department of Justice (DOJ) hereby submits the following

response to the additional facts included in Plaintiff’s Statement of Material Facts and Response to

Defendant’s Statement of Material Facts [dkt. no. 11-1]. The numbered paragraphs below

correspond to Plaintiff’s numbered paragraphs.

16. Defendant denies that the facts asserted by Plaintiff in this paragraph are material to

the resolution of this case. To the extent that a response is required, Defendant neither admits nor

denies the facts in this paragraph, as Plaintiff is attempting to obtain information that has been

properly withheld from Defendant’s response to Plaintiff’s FOIA request.

17. Defendant denies that the fact asserted by Plaintiff in this paragraph is material to the

resolution of this case. To the extent that a response is required, Defendant neither admits nor denies

the fact in this paragraph, as Plaintiff is attempting to obtain information that has been properly
 Case 1:10-cv-01810-ABJ Document 14-1 Filed 04/19/11 Page 2 of 2

withheld from Defendant’s response to Plaintiff’s FOIA request.

18. Defendant denies that the facts asserted by Plaintiff in this paragraph are material to

the resolution of this case. To the extent that a response is required, Defendant neither admits nor

denies the facts in this paragraph, as Plaintiff is attempting to obtain information that has been

properly withheld from Defendant’s response to Plaintiff’s FOIA request.

19. Admitted.

Dated: April 18, 2011 Respectfully Submitted,

TONY WEST
Assistant Attorney General

RONALD C. MACHEN JR.

United States Attorney

ELIZABETH J. SHAPIRO
Deputy Director
U.S. Department of Justice
Civil Division, Federal Programs Branch

/s/ Benjamin L. Berwick

BENJAMIN L. BERWICK
Trial Attorney
U.S. Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Avenue, NW, Room 6141
Washington, D.C. 20530
(202) 305-8573
benjamin.l.berwick@usdoj.gov

Counsel for Defendant