Case 1:11-cv-02028-RBW Document 10 Filed 07/20/12 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

GEORGE H. ARCHIBALD,

) ) Plaintiff, ) ) vs. ) ) UNITED STATES DEPARTMENT OF ) JUSTICE, ) ) FEDERAL BUREAU OF INVESTIGATION, ) ) KATHRYN RUEMMLER, ) Counsel to the President ) ) Defendants. ) ________________________________________________)

1:11-CV-2028 (RBW)

DEFENDANTS RESPONSE TO PLAINTIFFS MOTION TO SET CASE FOR TRIAL

On July 6, 2012, Plaintiff filed a document styled Plaintiffs Response to Defendants Answer and Motion to Set Case for Trial. (dkt. no. 7) (Pl. Resp.). The motion portion of this filing requests that a schedule be set for motions and . . . for trial. Id. at 3. FOIA cases are typically and appropriately decided on motions for summary judgment. Moore v. Bush, 601 F.2d 6, 12 (D.D.C. 2009). Defendants intend to seek summary judgment as to the entirety of Plaintiffs claims. Accordingly, it would be appropriate at this point to set a briefing schedule for summary judgment motions, but setting a trial schedule would be premature. Defendants suggest that the Court schedule motions for summary judgment to be filed on or before August 31, 2012, with responses due on or before September 21, 2012, and replies due on or before October 5, 2012. A proposed order is attached.

Case 1:11-cv-02028-RBW Document 10 Filed 07/20/12 Page 2 of 3

Dated: July 20, 2012

Respectfully submitted, STUART F. DELERY Acting Assistant Attorney General JOSEPH H. HUNT Director, Federal Programs Branch ELIZABETH J. SHAPIRO Deputy Director

__/s/ Eric J. Soskin__________ ERIC J. SOSKIN Trial Attorney United States Department of Justice Civil Division Federal Programs Branch 20 Massachusetts Avenue, N.W. Room 5134 Washington, D.C. 20001 Tel: (202) 353-0533 Fax: (202) 616-8202 Eric.Soskin@usdoj.gov Counsel for Defendants

Case 1:11-cv-02028-RBW Document 10 Filed 07/20/12 Page 3 of 3

CERTIFICATE OF SERVICE I certify that a copy of this filing has been served by Fed Ex on Plaintiff, George H. Archibald, on July 20, 2012, at the address below: George H. Archibald 27 West Main Street No.1 Berryville, VA 22611

/s/ Eric J. Soskin ERIC J. SOSKIN Trial Attorney

Case 1:11-cv-02028-RBW Document 10-1 Filed 07/20/12 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

GEORGE H. ARCHIBALD,

) ) Plaintiff, ) ) vs. ) ) UNITED STATES DEPARTMENT OF ) JUSTICE, ) ) FEDERAL BUREAU OF INVESTIGATION, ) ) KATHRYN RUEMMLER, ) Counsel to the President ) ) Defendants. ) ________________________________________________)

1:11-CV-2028 (RBW)

[PROPOSED] ORDER

Upon consideration of Plaintiffs Motion to Set Case For Trial and Defendants Response thereto, it is ORDERED that this case shall proceed as follows: (1) motions for summary judgment shall be filed on or before August 31, 2012; (2) responses to motions for summary judgment shall be filed on or before September 21, 2012; and (3) replies shall be filed on or before October 5, 2012. .

___________________ DATE

____________________________ REGGIE B. WALTON UNITED STATES DISTRICT JUDGE