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Case 1:08-cv-01046-JDB Document 36 Filed 09/01/2009 Page 1 of 3

UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF COLUMBIA

CITIZENS FOR RESPONSIBILITY AND


ETHICS IN WASHINGTON,

Plaintiff,
v. Civil Action No. 08-1046 (JDB)
U.S. DEPARTMENT OF HOMELAND
SECURITY,

Defendant.

ORDER

Upon consideration of [23] [26] the parties' cross-motions for partial summary judgment

with respect to the first part of plaintiff's FOIA request, the parties' several memoranda,

defendant's Vaughn submission, the Court's in camera inspection of the unredacted documents,

the entire record herein, and for the reasons stated in the Memorandum Opinion issued on this

date, it is hereby

ORDERED that [23] [26] the parties' motions for partial summary judgment with respect

to the first part of plaintiff's FOIA request are both GRANTED IN PART and DENIED IN

PART; it is further

ORDERED that plaintiff's motion is GRANTED in its entirety with respect to the

Exemption 5 claims in Document Nos. 10, 11, 13, 14, 17, 19, 20, and 23 and defendant must

release all material withheld pursuant to those exemption claims; it is further

ORDERED that plaintiff's motion is GRANTED IN PART and DENIED IN PART

with respect to the Exemption 5 claims in Document Nos. 12, 15, 16, 18, 21, 22, 24, and 28 and,
Case 1:08-cv-01046-JDB Document 36 Filed 09/01/2009 Page 2 of 3

as specified in the Court's Opinion, defendant must release certain material withheld pursuant to

those exemption claims; it is further

ORDERED that defendant's motion is GRANTED in its entirety with respect to

Document Nos. 25 and 31 and defendant is not required to release any of the material withheld

from those documents; it is further

ORDERED that defendant's motion is GRANTED IN PART and DENIED IN PART

with respect to the Exemption 5 claims in Document Nos. 12, 15, 16, 18, 21, 22, 24, and 28 and,

as specified in the Court's Opinion, defendant is not required to release certain material withheld

pursuant to those exemption claims; it is further

ORDERED that JUDGMENT is entered in favor of defendant on all withholdings made

pursuant to Exemptions 6 and 7(E); it is further

ORDERED that both parties' motions are DENIED without prejudice with respect to the

Exemption 5 claims in Document Nos. 1, 9 and 27 and with respect to the relevant attachments

within Document Nos. 22 and 24; and it is further

ORDERED that defendant must file a supplemental Vaughn submission, along with a

memorandum in support of its exemption claims, by not later than October 2, 2009 or the Court

will treat these remaining exemption claims as conceded and order that the withheld material be

released. Plaintiff's responsive memorandum, if any, is due by not later than October 16, 2009.

Both memoranda may not exceed fifteen (15) pages.

SO ORDERED.

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Case 1:08-cv-01046-JDB Document 36 Filed 09/01/2009 Page 3 of 3

/s/
JOHN D. BATES
United States District Judge

Dated: September 1, 2009

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