DOJ-swartz-FOIA

Defendant has exercised diligence in processing these records. As part of that effort, it undertook an additional search for responsive records in certain agency files, including files located outside agency headquarters in the Washington, D.C. area.

Based on this additional search, it learned yesterday, July 2, of files located outside the agency’s headquarters that contain several thousand additional pages that may be responsive to Plaintiff’s FOIA request.

Defendant’s initial belief that it could submit a schedule for summary judgment briefing by July 3 was based upon a projected schedule for completing processing of the records and preparation of a Vaughn index that reflected a much smaller volume of records.

The agency’s review of those files will require a substantial amount of additional time.

Defendant will continue to process potentially responsive records diligently. Should it determine that it cannot complete that process by August 5, it will file on or before that date an Answer to the Complaint in conformity with this Court’s June 20 order along with a proposed briefing schedule that reflects discussions with Plaintiff’s counsel.

Respectfully submitted,
RONALD C. MACHEN JR., D.C. BAR #447889 United States Attorney
DANIEL F. VAN HORN, D.C. Bar # 924092 Chief, Civil Division
/s/________________________________

PETER R. MAIER, D.C. Bar # 966242 Special Assistant United States Attorney 555 Fourth Street, N.W.
Washington, D.C. 20530 (202) 514-7185 [email protected]