Case 1:15-cv-01979-RJL Document 23 Filed 09/27/16 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

THE DAILY CALLER NEWS

FOUNDATION and RICHARD POLLOCK,
Plaintiffs,

Civil Docket No. 15-cv-1979 (RJL)

v.
U.S. DEPARTMENT OF STATE,
Defendant.

DEFENDANTS RESPONSE TO PLAINTIFFS NOTICE

Defendant U.S. Department of State (State) respectfully responds to Plaintiffs Notice
of Defendants Failure to Produce Documents as follows:
1.

At 7:58 p.m., on September 26, 2016, counsel for State sent to counsel for Plaintiffs
via email a production of responsive, non-exempt records per the Courts
Memorandum Order dated September 20, 2016. See Exhibit A.

2.

The size of the file attached to the email, however, exceeded the maximum file size
allowed for the mobile device used by counsel for State, and thus transmission of the
email did not complete. See Exhibit B. Counsel for State was unaware of this fact
until this morning, September 27, 2016.

3.

Upon learning that the transmission did not complete, counsel for State immediately
resent the email and the production to counsel for Plaintiffs via a different mobile
device at 7:45 a.m. Counsel for State also contacted counsel for Plaintiffs via phone,
explained what had occurred, and apologized for the error.

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4.

Counsel for State will diligently ensure that no similar error impedes or delays States
upcoming two productions, which will occur by October 3, 2016, and October 10,
2016, respectively, per the Courts Memorandum Order.

Dated: September 27, 2016

Respectfully submitted,

BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
MARCIA BERMAN
Assistant Director, Federal Programs Branch
/s/ Jason Lee_
____
JASON LEE (CA Bar No. 298140)
Trial Attorney
Federal Programs Branch
U.S. Department of Justice, Civil Division
Telephone: (202) 514-3367
Fax: (202) 616-8470
Email: Jason.Lee3@usdoj.gov
Mailing Address:
Post Office Box 883
Washington, DC 20044
Courier Address:
20 Massachusetts Ave., NW Rm. 7107
Washington, DC 20001

Counsel for Defendant

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EXHIBIT A

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EXHIBIT B

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