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  • In The United States District Court For The District of Columbia

    Enviado por

    CREW
    21 visualizações3 páginas
    On June 1st, 2009, CREW filed a complaint against the National Archives and Records Administration (NARA) and Acting Archivist Adrienne Thomas, based on their failure to fulfill their mandatory duties under the Federal Records Act (FRA) to conduct inspections of agency records and records management programs and practices of federal agencies. In a series of reports issued during the past seven years, the U.S. Government Accountability Office has identified this failure as a critical reason why agencies are not consistently preserving their email records, as the FRA requires. NARA and the archivist have ignored these findings and ignored the unambiguous mandate in the FRA directing them to conduct inspections or surveys. CREW seeks a declaratory judgment that NARA and the archivist are in violation of the FRA and a writ of mandamus compelling them to comply with their non-discretionary duties under the FRA.

    Título original

    CREW v. NARA, Adrienne Thomas (Acting Archivist): Regarding Failure to Fulfill Federal Records Act Duties: 7/28/2009 - NARA's Motion for Enlargement of Time to Respond (Document 4)

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    On June 1st, 2009, CREW filed a complaint against the National Archives and Records Administration (NARA) and Acting Archivist Adrienne Thomas, based on their failure to fulfill their mandatory duties under the Federal Records Act (FRA) to conduct inspections of agency records and records management programs and practices of federal agencies. In a series of reports issued during the past seven years, the U.S. Government Accountability Office has identified this failure as a critical reason why agencies are not consistently preserving their email records, as the FRA requires. NARA and the archivist have ignored these findings and ignored the unambiguous mandate in the FRA directing them to conduct inspections or surveys. CREW seeks a declaratory judgment that NARA and the archivist are in violation of the FRA and a writ of mandamus compelling them to comply with their non-discretionary duties under the FRA.

    Direitos autorais:

    Public Domain
    Baixe no formato PDF, TXT ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
    21 visualizações3 páginas

    In The United States District Court For The District of Columbia

    Enviado por

    CREW
    On June 1st, 2009, CREW filed a complaint against the National Archives and Records Administration (NARA) and Acting Archivist Adrienne Thomas, based on their failure to fulfill their mandatory duties under the Federal Records Act (FRA) to conduct inspections of agency records and records management programs and practices of federal agencies. In a series of reports issued during the past seven years, the U.S. Government Accountability Office has identified this failure as a critical reason why agencies are not consistently preserving their email records, as the FRA requires. NARA and the archivist have ignored these findings and ignored the unambiguous mandate in the FRA directing them to conduct inspections or surveys. CREW seeks a declaratory judgment that NARA and the archivist are in violation of the FRA and a writ of mandamus compelling them to comply with their non-discretionary duties under the FRA.

    Direitos autorais:

    Public Domain
    Baixe no formato PDF, TXT ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
    de 3

    Case 1:09-cv-01020-RJL

    Document 4

    Filed 07/28/2009

    Page 1 of 2

    IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ ) CITIZENS FOR RESPONSIBILITY AND ) ETHICS IN WASHINGTON, ) ) Plaintiff, ) ) v. ) Civil Action No. ) 1:09-cv-01020-RJL THE NATIONAL ARCHIVES AND RECORDS ) ADMINISTRATION, et al., ) ) Defendants. ) __________________________________________) DEFENDANTS UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME UNTIL SEPTEMBER 3, 2009 TO RESPOND TO PLAINTIFFS COMPLAINT Defendants the National Archives and Records Administration (NARA) and Adrienne Thomas, Acting Archivist of the United States, hereby move for an enlargement of time to respond to the complaint filed in the above-captioned case until September 3, 2009. The defendants response is currently due on August 3, 2009. The purpose of the requested stay is so that the parties can proceed with negotiations in an effort to settle this action. Counsel for plaintiff, Anne Weismann, has indicated that plaintiff does not oppose this motion. Although the parties were initially scheduled to meet on July 21, 2009, to discuss a possible amicable resolution to this case, due to an unexpected personal issue that arose for counsel for the plaintiff, the meeting had to be rescheduled. Due to other commitments, the next earliest available meeting time is August 19, 2009. Granting an enlargement of time until September 3, 2009 in which to respond to plaintiffs complaint is appropriate here because it would promote the parties ability to negotiate between themselves without the interference or obligations of motion practice or intervening judicial decisions. Thus, an enlargement of time in

    Case 1:09-cv-01020-RJL

    Document 4

    Filed 07/28/2009

    Page 2 of 2

    which to respond to plaintiffs complaint would be most conducive to promoting the parties ability to settle this action. Respectfully submitted, TONY WEST Assistant Attorney General CHANNING PHILLIPS Acting United States Attorney JOSEPH H. HUNT Director ELIZABETH SHAPIRO Deputy Branch Director /s/ Joshua E. Gardner JOSHUA E. GARDNER (DC Bar # 478049) Trial Attorney U.S. Department of Justice Civil Division, Federal Programs Branch P.O. Box 883 Washington, D.C. 20044 ph: (202) 305-7583 fax: (202) 616-8470 Joshua.e.gardner@usdoj.gov Attorneys for the United States

    Case 1:09-cv-01020-RJL

    Document 4-2

    Filed 07/28/2009

    Page 1 of 1

    IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ ) CITIZENS FOR RESPONSIBILITY AND ) ETHICS IN WASHINGTON, ) ) Plaintiff, ) ) v. ) Civil Action No. ) 1:09-cv-01020-RJL THE NATIONAL ARCHIVES AND RECORDS ) ADMINISTRATION, et al., ) ) Defendants. ) __________________________________________) Proposed ORDER Upon consideration of the Defendants Unopposed Motion For An Enlargement Of Time Until September 3, 2009 To Respond To Plaintiffs Complaint, and for good cause shown, IT IS HEREBY ORDERED THAT the Motion is GRANTED; IT IS FURTHER ORDERED THAT Defendants shall respond to Plaintiffs Complaint by September 3, 2009.

    _______________________________ Date

    __________________________________________ HONORABLE RICHARD J. LEON UNITED STATES DISTRICT JUDGE

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