2015-07-08 Defendant's Counsel Rukhsanah L. Singh Letter to Plaintiff Louis Flores

U.S. Department of Justice United States Attorney Eastern District of New York 271 Cadman Plaza East-7 th Floor Brooklyn, New York 11201 July 8, 2015 By Email and First-Class Certified Mail Louis Flores 34-21 77th Street, Apt. #406 Jackson Heights, New York 11372 Re: Louis Flores v. United States Department of Justice No. 15-CV-2627 (Gleeson, J.) (Mann, M.J.) Dear Mr. Flores: As you are aware, this Office represents Defendant United States Department of Justice (“DOJ” or “Defendant”) in connection with the above-referenced matter. We write in response to your letter dated July 6, 2015. As an initial matter, Defendant’s Answer speaks for itself and we object to the characterizations and speculations raised in your letter as to Defendant’s pleading and position in this litigation. As to your request that DOJ process your April 30, 2013 FOIA request before the initial conference currently scheduled with the Court for September 16, 2015, please be advised that the Executive Office for United States Attorneys presently is undertaking a review of your Freedom of Information Act (“FOIA”) request and will provide any response upon completion of that review. In addition, although you menti on a need to review the res ponse to “fully prepare for the scope of the anticipated discovery in this proceeding,” discovery is typically unavailable in FOIA litigation, and FOIA litigation generally is resolved by way of summary judgment motions. See, e.g. , Carney v. United States Dept. of Justice, 19 F.3d 807, 812 (2d Cir. 1993) (recognizing district court may decline discovery and enter summary judgment); Wheeler v. C.I.A., 271 F. Supp. 2d 132, 139 (D.D.C. 2003) (“Discovery is generally unavailable in FOIA actions.”); Broaddrick v. Exec. Office of President , 139 F. Supp. 2d 55, 63 (D.C. 2001) (“[D]iscovery is not typically a part of FOIA and P rivacy Act cases[.]”). Pursuant to the Court’s July 1, 2015 Order, the parties are to meet and confer at least five (5) business days before t he September 16, 2015 initial conference. (Dkt. No. 10). I am available for a conf erence call on or befor e September 9, 2015. (Please note that t he undersigned does not have access to Skype.)

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Defendant Counsel Rukhsanah L. Singh's letter to Plaintiff refusing to commit DOJ to processing the FOIA Request before initial judicial conference, intentionally undermining Plaintiff's ability to be prepared to fully discuss discovery issues before U.S. Magistrate Judge Roanne L. Mann.2015-07-08 Defendant's Counsel Letter to Louis Flores

Transcript of 2015-07-08 Defendant's Counsel Rukhsanah L. Singh Letter to Plaintiff Louis Flores

U.S. Department of Justice

United States Attorney Eastern District of New York

271 Cadman Plaza East-7th Floor Brooklyn, New York 11201 July 8, 2015 By Email and First-Class Certified Mail Louis Flores 34-21 77th Street, Apt. #406 Jackson Heights, New York 11372

Re: Louis Flores v. United States Department of Justice No. 15-CV-2627 (Gleeson, J.) (Mann, M.J.)

Dear Mr. Flores:

As you are aware, this Office represents Defendant United States Department of Justice (DOJ or Defendant) in connection with the above-referenced matter. We write in response to your letter dated July 6, 2015.

As an initial matter, Defendants Answer speaks for itself and we object to the

characterizations and speculations raised in your letter as to Defendants pleading and position in this litigation. As to your request that DOJ process your April 30, 2013 FOIA request before the initial conference currently scheduled with the Court for September 16, 2015, please be advised that the Executive Office for United States Attorneys presently is undertaking a review of your Freedom of Information Act (FOIA) request and will provide any response upon completion of that review. In addition, although you mention a need to review the response to fully prepare for the scope of the anticipated discovery in this proceeding, discovery is typically unavailable in FOIA litigation, and FOIA litigation generally is resolved by way of summary judgment motions. See, e.g., Carney v. United States Dept. of Justice, 19 F.3d 807, 812 (2d Cir. 1993) (recognizing district court may decline discovery and enter summary judgment); Wheeler v. C.I.A., 271 F. Supp. 2d 132, 139 (D.D.C. 2003) (Discovery is generally unavailable in FOIA actions.); Broaddrick v. Exec. Office of President, 139 F. Supp. 2d 55, 63 (D.C. 2001) ([D]iscovery is not typically a part of FOIA and Privacy Act cases[.]).

Pursuant to the Courts July 1, 2015 Order, the parties are to meet and confer at least five

(5) business days before the September 16, 2015 initial conference. (Dkt. No. 10). I am available for a conference call on or before September 9, 2015. (Please note that the undersigned does not have access to Skype.)
Louis Flores July 8, 2015 Page 2

2

I look forward to speaking with you.

Very truly yours,

KELLY T. CURRIE Acting United States Attorney

By: s/Rukhsanah L. Singh

RUKHSANAH L. SINGH Assistant U.S. Attorney (718) 254-6498 [email protected]