Case 1:17-cv-00645-RC Document 12 Filed 06/02/17 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA
____________________________________
)
AMERICAN CENTER FOR )
LAW AND JUSTICE, )
)
Plaintiff, )
)
v. ) Civil Action No. 17-cv-00645
)
NATIONAL SECURITY AGENCY, et al., )
)
)
)
Defendants. )
___________________________________ )

JOINT STATUS REPORT

1. Plaintiff American Center for Law and Justice (Plaintiff) and Defendants

National Security Agency (NSA) and the Office of the Director of National Intelligence

(ODNI) (collectively, Defendants), by and through undersigned counsel, respectfully submit

this Joint Status Report. This action arises under the Freedom of Information Act (FOIA), 5

U.S.C. 552, and involves FOIA requests seeking records pertaining to the Procedures for the

Availability or Dissemination of Raw Signals Intelligence Information by the National Security

Agency Under Section 2.3 of Executive Order 12333. See Compl. (Dkt. No. 1) 89. The

Court ordered the parties to confer and submit a proposed briefing schedule on or before June 5,

2017. See May 22, 2017 Minute Order. The parties submit this Joint Status Report in response

to the Courts order.

2. As instructed, the parties conferred by telephone on June 1, 2017. Counsel for

Defendants explained that the NSA and ODNI have started crafting and refining their searches

for materials responsive to Plaintiffs FOIA requests. Defendants expect to be able to conclude
 Case 1:17-cv-00645-RC Document 12 Filed 06/02/17 Page 2 of 4

this process and finish their respective searches within 6 weeks. Once the searches have been

completed, Defendants will know the volume of potentially responsive documents that must be

reviewed for responsiveness and applicable FOIA exemptions.

3. Accordingly, the parties concur that it would be premature to propose a briefing

schedule at this time. The parties respectfully propose that they be permitted to file a joint status

report in 6 weeks (July 14, 2017). The joint status report will update the Court about

Defendants efforts to identify records responsive to Plaintiffs FOIA requests, recommend a

schedule for processing and releasing responsive, non-exempt materials, and identify any issues

that either party believes may ultimately require the Courts resolution.

4. Plaintiff separately states as follows: Plaintiff reserves all issues, including but not

limited to adequacy of the searches, propriety/validity of claimed exemptions and redactions,

need for a Vaughn index, need for in camera inspection by the Court, and the need for

independent IT verification of the adequacy of document and word search methodology being

used, and attorney fees and costs.

Dated: June 2, 2017 Respectfully submitted,

THE AMERICA CENTER FOR LAW AND JUSTICE CHAD A. READLER

Acting Assistant Attorney General
/s/ Abigail A. Southerland
ABIGAIL A. SOUTHERLAND MARCIA BERMAN
(TN Bar No. 26608) Assistant Director, Federal Programs Branch
JAY ALAN SEKULOW (D.C. Bar no. 496335)
STUART J. ROTH (D.C. Bar No. 475937
COLBY M. MAY (D.C. Bar No. 394340)
CRAIG L. PARSHALL /s/ Stephen M. Elliott
BENJAMIN P. SISNEY (D.C. Bar No. 1044721) STEPHEN M. ELLIOTT (PA Bar# 203986)
CARLY F. GAMMILL (D.C. Bar No. 982663) Trial Attorney
MATTHEW R. CLARK (D.C. Bar No. 1028379) United States Department of Justice
201 Maryland Avenue, N.E. Civil Division, Federal Programs Branch
Washington, D.C. 20002 20 Massachusetts Avenue, N.W., Rm 7318
Tel: (202) 546-8890 Washington, D.C. 20530

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 Case 1:17-cv-00645-RC Document 12 Filed 06/02/17 Page 3 of 4

Fax: (202) 546-9309 Tel: (202) 305-8177

Email: asoutherland@aclj.org Email: stephen.elliott@usdoj.gov

Counsel for Plaintiff Counsel for Defendants

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CERTIFICATE OF SERVICE

I hereby certify that on June 2, 2017, I electronically transmitted the foregoing to the

clerk of court for the United States District Court for the District of Columbia using the CM/ECF

filing system.

/s/ Stephen M. Elliott

STEPHEN M. ELLIOTT
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Avenue, N.W., Room 7318
Washington, D.C. 20530