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CREW v DOJ

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					Case 1:08-cv-01468-EGS

Document 20

Filed 10/01/2009

Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ___________________________________ ) CITIZENS FOR RESPONSIBILITY ) AND ETHICS IN WASHINGTON, ) ) Plaintiff, ) ) ) v. ) ) U.S. DEPARTMENT OF JUSTICE, ) ) Defendant. ) ___________________________________ )

Civ. Action No. 08-1468 (EGS)

ORDER Pending before the Court are the parties’ cross-motions for summary judgment. Upon consideration of the motions, responses and replies thereto, the supplemental briefing submitted by the parties, oral argument during the motions hearings held on June 18, 2009 and July 21, 2009, the applicable law, the entire record, and for the reasons stated in the Memorandum Opinion issued this day, the Court concludes that the agency has failed to meet its burden of demonstrating that the requested records were properly withheld in their entirety under 5 U.S.C. § 552(b)(5) or (7)(A). The portions of the records identified in the Barron and DiMaio declarations, however, were properly withheld under 5 U.S.C. § 552(b)(1), (2), (3), (5), (6), and (7)(C). Accordingly, it by the Court ORDERED that both parties’ motions are GRANTED IN PART AND DENIED IN PART; and it is FURTHER ORDERED that by no later than October 9, 2009, defendant shall produce the records responsive to plaintiff’s FOIA request, with appropriate redactions to withhold the

Case 1:08-cv-01468-EGS

Document 20

Filed 10/01/2009

Page 2 of 2

information exempted from disclosure as identified in the Barron and DiMaio declarations. SO ORDERED. Signed: Emmet G. Sullivan United States District Judge October 1, 2009

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