Case 1:08-cv-01535-RCL

Document 26

Filed 09/09/2009

Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, Plaintiff, v. U.S. DEPARTMENT OF HOMELAND SECURITY, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 1:08-cv-01535-RCL

JOINT MOTION TO VACATE AND TO DISMISS WITH PREJUDICE Plaintiff Citizens for Responsibility and Ethics in Washington (CREW) and defendant U.S. Department of Homeland Security (DHS) hereby move the Court to vacate an order that it has entered in this case and to dismiss this case with prejudice. In support thereof, the parties state as follows: 1. CREW brought this lawsuit seeking records, pursuant to the Freedom of

Information Act (FOIA), reflecting visits to the White House Complex and the Vice Presidents Residence by Stephen Payne. 2. On January 9, 2009, this Court entered an Order requiring DHS to immediately

process CREWs FOIA request and produce all responsive records that are not exempt from disclosure. (Dkt. No. 18, 01/09/2009). 3. On January 21, 2009, the defendant filed a Notice of Appeal of this Courts

January 9 Order, including its January 9 Memorandum Opinion (Dkt. No. 17, 01/09/2009). The effect of that January 9 Order has been stayed pending the appeal.

Case 1:08-cv-01535-RCL

Document 26

Filed 09/09/2009

Page 2 of 3

4.

On September 3, 2009, CREW was provided with some of the records sought in

its FOIA request. CREW is no longer seeking any of the additional records identified in its FOIA request through litigation against DHS. CREW no longer wishes to pursue any of the claims in, or obtain any relief from, this litigation. 5. Accordingly, the parties hereby jointly move to vacate this Courts Order of

January 9, 2009 (Dkt. No. 18), and to dismiss this case with prejudice.

Case 1:08-cv-01535-RCL

Document 26

Filed 09/09/2009

Page 3 of 3

Dated: September 9, 2009 Respectfully submitted, TONY WEST Assistant Attorney General JOHN R. TYLER (DC Bar 297713) Assistant Branch Director /s/ Brad P. Rosenberg BRAD P. ROSENBERG (DC Bar 467513) Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch Tel: (202) 514-3374 Fax: (202) 616-8460 brad.rosenberg@usdoj.gov Mailing Address: Post Office Box 883 Washington, D.C. 20044 Courier Address: 20 Massachusetts Ave., N.W. Washington, D.C. 20001 Counsel for Defendant

/s/ Anne L. Weismann ANNE L. WEISMANN (DC Bar 298190) MELANIE SLOAN (DC Bar 434584) Citizens for Responsibility and Ethics in Washington 1400 I Street, N.W., Suite 450 Washington, DC 20005 Tel: (202) 408-5565 Fax: (202) 588-5020 aweismann@citizensforethics.org Counsel for Plaintiff

Case 1:08-cv-01535-RCL

Document 26-2

Filed 09/09/2009

Page 1 of 1

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, Plaintiff, v. U.S. DEPARTMENT OF HOMELAND SECURITY, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 1:08-cv-01535-RCL

ORDER Plaintiff Citizens for Responsibility and Ethics in Washington and defendant U.S. Department of Homeland Security have jointly moved for this Court to vacate its Order of January 9, 2009, and to dismiss this case with prejudice. The parties joint motion shall be, and it hereby is, GRANTED. This Court hereby vacates its Order of January 9, 2009 (Dkt. No. 18), and hereby dismisses this case WITH PREJUDICE. IT IS SO ORDERED.

____________________________________ JUDGE ROYCE C. LAMBERTH United States District Court District of Columbia ____________________________________ Date