Case 1:15-cv-20782-JEM Document 153 Entered on FLSD Docket 10/19/2015 Page 1 of 2

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA
Case No. 15-cv-20782-MARTINEZ/GOODMAN
DENNIS MONTGOMERY,
Plaintiff,
v.
JAMES RISEN et al.,
Defendants.
________________________/
NOTICE OF FILING
In response to Magistrate Judge Jonathan Goodmans oral order at the October 16, 2015
discovery hearing, Defendants file the email exchange between Laura R. Handman, counsel for
Defendants, and Ted Schwartz, Assistant General Counsel, Civil Litigation Unit I, Office of
General Counsel, Federal Bureau of Investigation. A copy of the email exchange is attached
hereto as Exhibit 1.
Dated: October 19, 2015

Respectfully submitted,

s/Brian W. Toth
Sanford L. Bohrer
Florida Bar No. 160643
sbohrer@hklaw.com
Brian W. Toth
Florida Bar No. 57708
brian.toth@hklaw.com
HOLLAND & KNIGHT LLP
701 Brickell Avenue, Suite 3300
Miami, Florida 33131
Telephone: (305) 374-8500
Fax: (305) 789-7799
and

Case 1:15-cv-20782-JEM Document 153 Entered on FLSD Docket 10/19/2015 Page 2 of 2

Laura R. Handman (admitted pro hac vice)

laurahandman@dwt.com
Micah J. Ratner (admitted pro hac vice)
micahratner@dwt.com
DAVIS WRIGHT TREMAINE LLP
1919 Pennsylvania Ave., NW, Suite 800
Washington, D.C. 20006
Tel.: (202) 973-4200
Fax: (202) 973-4499
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that on October 19, 2015, I filed this document with the Clerk of Court using
CM/ECF, which will serve this document on all counsel of record.
s/Brian W. Toth

Case 1:15-cv-20782-JEM Document 153-1 Entered on FLSD Docket 10/19/2015 Page 1 of 4

EXHIBIT 1

Case 1:15-cv-20782-JEM Document 153-1 Entered on FLSD Docket 10/19/2015 Page 2 of 4

From:
To:
Cc:
Subject:
Date:

Schwartz, Ted (OGC) (FBI)

Handman, Laura; Williams, Edward L. (WF) (FBI)
Ratner, Micah
RE: Montgomery v. Risen (No. 15-20782-Civ)
Tuesday, October 06, 2015 10:55:45 AM

Ms. Handman we are unable to provide the documents you request at this time, as requests to the
FBI for documents in connection with civil litigation must be made in accordance with DOJs Touhy
regulations, 28 CFR 16.21 et seq. Also, to the extent that any documents you request are covered
by the Privacy Act, 5 USC 552a, you would need to provide us with a waiver, court order, or other
basis for production consistent with the Privacy Act.

I can tell you that the FBI sent Mr. Klayman an email on October 1, 2015, asking for more
information and clarification in response to an email he sent on September 24, 2015. The FBI has no
objection to Mr. Klayman providing you a copy of that email exchange or the other documents that
you seek.

Ted Schwartz

From: Handman, Laura [mailto:laurahandman@dwt.com]

Sent: Monday, October 05, 2015 7:30 AM
To: Schwartz, Ted (OGC) (FBI); Williams, Edward L. (WF) (FBI)
Cc: Ratner, Micah
Subject: FW: Montgomery v. Risen (No. 15-20782-Civ)

Dear Mr. Schwartz and Mr. Williams:

I write as counsel for the defendants in the above captioned matter to inquire if Mr. Montgomery
or his counsel have provided the information Mr. Baker requested in his letter of September 8, 2015
which you forwarded to me by the email below. Specifically, Mr. Baker requested:
(1) the number or designator of the drive on which the software is present;
(2) the file name of the software;
(3) the creation date of the software;
(4) any other identifier(s) for the software.
As you know, the software and documents related to the softwares location, including
communications with the FBI , were ordered to be produced on September 4 , per Magistrate
Goodmans August 22 Order. That order is in effect and has not been stayed pending plaintiffs
objections--see the attached order denying the stay.
Because there has been no compliance to date, we have scheduled a hearing before Magistrate
Goodman on October 16. We have sought evidence from Mr. Montgomerys counsel that the
information requested in Mr. Bakers letter had been provided but no such evidence has been
forthcoming. We also requested that he produce the two communications referenced in Mr.
Bakers letter, namely a letter agreement of July 28 and an email of August 12, both also subject to
the August 22 Order. These also have not been produced.
I would appreciate if you could get back to me to (1) confirm whether or not the information
requested in Mr. Bakers letter has been provided and produce any communications evidencing
same; and (2) provide all communications between the FBI and/or DOJ, including AUSA Curtis,
regarding production of Mr. Montgomerys software including the communications referenced in

Case 1:15-cv-20782-JEM Document 153-1 Entered on FLSD Docket 10/19/2015 Page 3 of 4

Mr. Bakers letter.
I will give you a call to discuss. I will be in my DC office all week.
Laura Handman

Laura R. Handman | Davis Wright Tremaine LLP

1919 Pennsylvania Avenue NW, Suite 800 | Washington, DC 20006-3401
Tel: (202) 973-4224 | Fax: (202) 973-4499
and
1251 Avenue of the Americas, 21 st Floor | New York, NY 10020-1104
Tel: (212) 489-8230 | Fax: (212) 489-8340
Email: laurahandman@dwt.com | Website: www.dwt.com
Anchorage | Bellevue | Los Angeles | New York | Portland | San Francisco | Seattle | Shanghai | Washington, D.C.

From: Handman, Laura

Sent: Wednesday, September 09, 2015 5:21 PM
To: 'Schwartz, Ted (OGC) (FBI)'; 'james.baker@ic.fbi.gov'
Cc: Ratner, Micah
Subject: RE: Montgomery v. Risen (No. 15-20782-Civ)

Mr. Baker and Mr. Schwartz:

Attached please find the 9/3/15 decision of Judge Goodman denying Mr. Montgomerys motion
for a stay of portions of Judge Goodmans 8/22/15 Post Hearing Order (ECF 122) and the
declarations filed today (ECF 127) by counsel for Mr. Montgomery in response to your letter of
August 8, 2015.
Laura Handman

Laura R. Handman | Davis Wright Tremaine LLP

1919 Pennsylvania Avenue NW, Suite 800 | Washington, DC 20006-3401
Tel: (202) 973-4224 | Fax: (202) 973-4499
and
1251 Avenue of the Americas, 21 st Floor | New York, NY 10020-1104
Tel: (212) 489-8230 | Fax: (212) 489-8340
Email: laurahandman@dwt.com | Website: www.dwt.com
Anchorage | Bellevue | Los Angeles | New York | Portland | San Francisco | Seattle | Shanghai | Washington, D.C.

From: Schwartz, Ted (OGC) (FBI) [mailto:Ted.Schwartz@ic.fbi.gov]

Sent: Wednesday, September 09, 2015 11:37 AM
To: leklayman@gmail.com
Cc: Goodman@flsd.uscourts.gov; Handman, Laura
Subject: Montomery v. Risen (No. 15-20782-Civ)

Mr. Klayman attached please find a 9/8/15 letter to you from FBI General Counsel James Baker.

It would be most efficient if you would provide the information requested in the attached letter to
Associate Division Counsel Edward Williams via email at Edward.WilliamsWFO@ic.fbi.gov. The
facsimile number is 202-278-2658 and the mailing address is:

FBI Washington Field Office

th

Case 1:15-cv-20782-JEM Document 153-1 Entered on FLSD Docket 10/19/2015 Page 4 of 4

601 4 Street, N.W.
Washington, D.C. 20535-0002

Thank you,
Ted Schwartz
Assistant General Counsel
Civil Litigation Unit I, OGC
FBI

Confidentiality Statement
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