Case 1 19-cv-00529-CJN Document 21 Filed 03 30 20 Page 1 of 4 THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA NATIONAL SECURITY ARCHIVES Plaintiff v DEFENSE INTELLIGENCE AGENCY Defendant Civ No 19-cv-0529 DEFENDANT’S MOTION FOR A STAY IN LIGHT OF THE COVID-19 PANDEMIC’S EFFECT ON FEDERAL GOVERNMENT OPERATIONS Defendant hereby moves for an order staying proceedings in this case due to the major adverse impact of COVID-19 on Freedom of Information Act “FOIA” processing functions of the U S Department of State “State” Pursuant to Local Rule 7 m Defendant has sought Plaintiff’s position on this request and Plaintiff has indicated there is no objection to this request In support of this motion Defendant submits the attached declaration of Michael Brobeck Director of the Office of Facilities and Services at the Defense Intelligence Agency Consistent with guidance across the federal government including from the Department of Defense and the Office of Personnel Management the Director of DIA has directed all personnel who are not essential to DIA's core missions to remain at home Declaration of Michael Brobeck “Brobeck Decl ” ¶ 3 In accordance with this guidance DIA FOJA officer have been directed to stay at home rather than report to their work locations SBU - LEGAL Case 1 19-cv-00529-CJN Document 21 Filed 03 30 20 Page 2 of 4 Likewise many officers from other components of the Agency with whom DIA’s FOIA office works to identify and review potentially responsive records have been also sent home pursuant to this health guidance Id The Agency has been encouraging officers to telework when possible However FOIA collection or processing cannot be done remotely by telework-as the systems responsible for searching for responsive material are classified systems and all classified systems and materials must be maintained within a Secure Compartmented Information Id at ¶ 4 Under these circumstances DIA has had to defer FOIA production including production relating to matters in litigation since approximately March l7 2020 The Agency will resume processing activities as soon as practicable after normal government operations are restored Id ¶ 6 WHEREFORE in light of these unique and unprecedented circumstances Defendant requests that this case be stayed and all current deadlines be adjourned until further notice Defendant proposes to file a status report by May 5 2020 and continuing every thirty 30 days thereafter advising the Court whether the affected personnel have been cleared to resume work and if so proposing a revised schedule for productions to resume in this case A proposed order accompanies this motion Dated March 30 2020 2 Case 1 19-cv-00529-CJN Document 21 Filed 03 30 20 Page 3 of 4 Respectfully Submitted TIMOTHY J SHEA D C Bar #437437 United States Attorney DANIEL F VAN HORN DC Bar #924092 Chief Civil Division s BENTON G PETERSON BAR # 1029849 Assistant United States Attorney 555 4th Street N W – Civil Division Washington D C 20530 202 252-2534 3 Case Document 21 Filed 03 30 20 Page 4 of 4 SBU - LEGAL Case 1 19-cv-00529-CJN Document 21-1 Filed 03 30 20 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SPARACINO PLLC Plaintiff V Civil Action No 20-cv-00497-KBJ' DEFENSE INTELLIGENCE AGENCY DIA Defendant _ ____ ___ _________ _ OMNIBUS DECLARATION OF MICHAEL BROBECK I Michael Brobeck do hereby declare as follows 1 I an1 a member of the Defense Intelligence Senior Executive Service and presently serve as the Director of the Office of Facilities and Services at the Defense Intelligence Agency I assumed this role in January 2020 2 As Director of the Office of Facilities and Services one of the branches that lam responsible for is the Records Management and Information Services Branch which includes the Freedom of Information Act FOIA Services Section for DIA The FOIA office receives processes and responds to requests for DIA records under the FOIA and the Privacy Act 3 Consistent with guidance across the federal government including from the Department of Defense and the Office of Personnel Management the Director of DIA has directed all personnel who are not essential to DIA' s core missions to remain at home This 1 This omnibus declaration is also applicable to New York Times v DoD ODNI Civil Action No 19-cv-09821 SDNY Leopold et al v DIA Civil Action No I 9-cv-02798 DDC James Madison Project et al v ClA et al Civil Action No 19-cv-00609 DDC National Security Archives v DIA Civil Action No 19-00529 DDC University of Washington Center for Human Rights v DoD et al Civil Action No 17-1854 WDWA Shapiro v CIA et al Civil Action No I4-cv-00019 DDC and Institute for Policy Studies v CIA Civil Action No 06-cv00960 DOC Case 1 19-cv-00529-CJN Document 21-1 Filed 03 30 20 Page 2 of 2 di_rcctive protee ts the workforce by maxjinizhig· social distancing and protectsthe-safoty of personnel who are·at high risk from CbVlD l9 under criteria provided b 1 U1e-Center for·Diseas·e Control In accordance with this guidanct DIA 'S-FOJA officcirs have bee n dfreCted·tO stay at home rathedhan report to their work loCa tiOns Likewise1 many offo ers fro·m other components of the Agency with Whom bUr FOIA office Wcirks to ident fyand review potentially respons_ive records have al'so-J ieen se11t home pursuant to-this health guid8 n 4 TJ1eAgency has been en couraginKofficers at hmmno telework when ptissible However FOIA cQll ction or processing cannot be ·done remotely by te_lewotk-as the systems se l rched-for responsive material are classified systems and all classified - ystems and-materials must be- maintained within a Secure Compartmented' Information F'at ility 5 Under these·circumstances DIA has had to- de f r'flll FOIA production including production tefating to tria terS hi litigatiori sin·ce approxirirntcily Match l7 The Agency wil resume pfocesshlg activities as soon as·-practicable after normal governn ent operijtio ns_are restored Pursuant to zg U C § 174 I cjeclare under pt nalty o t' perjury that the foregoin is true and correct March 25 2020 Micha l Brobeck Director Office of Facilities and Service Defense Intel-lige11ce Agency 2 Case 1 19-cv-00529-CJN Document 21-2 Filed 03 30 20 Page 1 of 1 THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA NATIONAL SECURITY ARCHIVES Plaintiff v DEFENSE INTELLIGENCE AGENCY Defendant Civ No 19-cv-0529 PROPOSED ORDER Upon consideration of Defendant’s Motions to Stay Proceedings and for the reasons stated in support of the motions it is this ____ day of ________________ 2020 ORDERED that the motions should be and are hereby GRANTED and it is FURTHER ORDERED that these proceedings shall be stayed until further order of this Court and it is FURTHER ORDERED that Defendant shall file a status report by May 5 2020 and continuing every thirty 30 days thereafter advising the Court about the operation status of the agency’s FOIA Section and if operations have resumed proposing a revised schedule for further proceedings UNITED STATES DISTRICT JUDGE