U.S. District Court District of Connecticut (New Haven) CIVIL DOCKET FOR CASE #: 3:17-cv-01682-WWE

National Association for the Advancement of Colored People et al v. U.S. Department of Commerce Assigned to: Judge Warren W. Eginton Cause: 05:552 Freedom of Information Act

Date Filed: 10/05/2017 Date Terminated: 02/05/2019 Jury Demand: None Nature of Suit: 895 Freedom of Information Act Jurisdiction: U.S. Government Defendant

Plaintiff
National Association for the Advancement of Colored People

represented by Michael J. Wishnie Jerome N. Frank Legal Services Wall St Yale Law School 127 Wall Street New Haven, CT 06511 203-432-4800 Fax: 203-432-1426 Email: michael.wishnie@ylsclinics.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff NAACP Boston Branch

represented by Michael J. Wishnie (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
NAACP Connecticut State Conference

represented by Michael J. Wishnie (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant U.S. Department of Commerce

represented by Brenda M. Green U.S. Attorney's Office-BPT 1000 Lafayette Blvd., 10th Floor Bridgeport, CT 06604

203-696-3000 Fax: 203-579-5575 Email: brenda.green@usdoj.gov ATTORNEY TO BE NOTICED

Date Filed 10/05/2017 10/05/2017 10/05/2017 10/05/2017 10/05/2017
10/05/2017
10/06/2017
11/14/2017 11/15/2017

# Docket Text
1 COMPLAINT against U.S. Department of Commerce ( Filing fee $400 receipt number 0205-4557964.), filed by NAACP, NAACP Connecticut State Conference, NAACP Boston Branch. (Attachments: # 1 Exhibit AG)(Wishnie, Michael) (Entered: 10/05/2017)
Request for Clerk to issue summons as to U.S. Department of Commerce. (Wishnie, Michael) (Entered: 10/05/2017)
Judge Warren W. Eginton added. (Anastasio, F.) (Entered: 10/05/2017)
2 ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Warren W. Eginton on 10/5/2017.(Fazekas, J.) (Entered: 10/05/2017)
3 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-representing parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 1 Complaint filed by National Association for the Advancement of Colored People, NAACP Connecticut State Conference, NAACP Boston Branch, 2 Electronic Filing Order Signed by Clerk on 10/5/2017.(Fazekas, J.) (Entered: 10/05/2017)
4 ENTERED IN ERROR - ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *U.S. Department of Commerce* with answer to complaint due within *60* days. Attorney *Michael J. Wishnie* *Jerome N. Frank Legal Services - Wall St* *Yale Law School, 127 Wall Street* *New Haven, CT 06511*. (Fazekas, J.) Modified on 10/6/2017 (Fazekas, J.). (Entered: 10/05/2017)
5 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *U.S. Department of Commerce* with answer to complaint due within *30* days. Attorney *Michael J. Wishnie* *Jerome N. Frank Legal Services - Wall St* *Yale Law School, 127 Wall Street* *New Haven, CT 06511*. (Fazekas, J.) (Entered: 10/06/2017)
6 NOTICE of Appearance by Brenda M. Green on behalf of U.S. Department of Commerce (Green, Brenda) (Entered: 11/14/2017)
7 MOTION for Extension of Time until December 15, 2017 to Answer or Otherwise Plead 1 Complaint by U.S. Department of Commerce. (Green, Brenda) (Entered: 11/15/2017)

11/16/2017 11/16/2017 11/25/2017 11/25/2017 11/27/2017 11/29/2017
12/14/2017 03/09/2018
03/21/2018 03/21/2018 06/14/2018 07/16/2018

8 ORDER granting 7 Motion for Extension of Time. Signed by Judge Warren W. Eginton on 11/16/17. (Gould, K.) (Entered: 11/16/2017)
Answer deadline updated for U.S. Department of Commerce to 12/15/2017. (Gould, K.) (Entered: 11/16/2017)
9 MOTION for Leave to Appear Law Student Intern Appearance Attorney Michael Wishnie. by NAACP Boston Branch, NAACP Connecticut State Conference, National Association for the Advancement of Colored People. (Wishnie, Michael) (Entered: 11/25/2017)
10 MOTION for Leave to Appear Law Student Intern Appearance Attorney Michael Wishnie. by NAACP Boston Branch, NAACP Connecticut State Conference, National Association for the Advancement of Colored People. (Wishnie, Michael) (Entered: 11/25/2017)
11 ORDER granting 9 Motion to Appear Law Student Intern Appearance; granting 10 Motion to Appear Law Student Intern Appearance. Signed by Judge Warren W. Eginton on 11/27/2017. (LaMura, K.) (Entered: 11/27/2017)
12 SUMMONS Returned Executed by National Association for the Advancement of Colored People, NAACP Connecticut State Conference, NAACP Boston Branch. U.S. Department of Commerce served on 11/29/2017, answer due 12/29/2017. (Wishnie, Michael) (Entered: 11/29/2017)
13 ANSWER to 1 Complaint with Affirmative Defenses by U.S. Department of Commerce.(Green, Brenda) (Entered: 12/14/2017)
14 Joint MOTION for Entry of Proposed Scheduling Order by NAACP Boston Branch, NAACP Connecticut State Conference, National Association for the Advancement of Colored People. (Attachments: # 1 Text of Proposed Order Joint Proposed Scheduling Order, # 2 Supplement Certificate of Service)(Wishnie, Michael) (Entered: 03/09/2018)
15 ORDER granting 14 Motion for Order. Signed by Judge Warren W. Eginton on 3/21/2018. (LaMura, K.) (Entered: 03/21/2018)
16 SCHEDULING ORDER Signed by Judge Warren W. Eginton on 3/21/2018.(LaMura, K.) (Entered: 03/21/2018)
17 Joint STATUS REPORT by NAACP Boston Branch, NAACP Connecticut State Conference, National Association for the Advancement of Colored People. (Wishnie, Michael) (Entered: 06/14/2018)
18 MOTION for Extension of Time until July 26, 2018 to file Motion for Summary Judgment by U.S. Department of Commerce. (Attachments:

07/18/2018
07/18/2018 07/18/2018 07/26/2018
09/04/2018
09/06/2018 09/06/2018 09/17/2018
09/17/2018

# 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Green, Brenda) (Entered: 07/16/2018)
19 ORDER granting 18 Motion for Extension of Time. Defendant's motion for summary judgment is due by July 26, 2018; the response date is September 9, 2018; the reply date is October 19, 2018. Signed by Judge Warren W. Eginton on 7/18/2018. (LaMura, K.) Modified on 7/18/2018 to include deadlines (Gould, K.). (Entered: 07/18/2018)
Set Deadlines/Hearings: Dispositive Motions due by 7/26/2018 (LaMura, K.) (Entered: 07/18/2018)
Docket Entry Correction re 19 Order on Motion for Extension of Time modified to include deadlines. (Gould, K.) (Entered: 07/18/2018)
20 MOTION for Summary Judgment by U.S. Department of Commerce.Responses due by 8/16/2018 (Attachments: # 1 Memorandum in Support, # 2 Statement of Material Facts, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Green, Brenda) (Entered: 07/26/2018)
21 First MOTION for Extension of Time until September 17, 2018 To File Response in Opposition to Motion for Summary Judgment by NAACP Boston Branch, NAACP Connecticut State Conference, National Association for the Advancement of Colored People. (Wishnie, Michael) (Entered: 09/04/2018)
22 ORDER granting 21 Motion for Extension of Time. Signed by Judge Warren W. Eginton on 9/6/2018. (LaMura, K.) (Entered: 09/06/2018)
23 Set/Reset Deadlines as to 20 MOTION for Summary Judgment . Responses due by 9/17/2018 (LaMura, K.) (Entered: 09/06/2018)
24 MOTION for Leave to Appear As Law Student Interns by NAACP Boston Branch, NAACP Connecticut State Conference, National Association for the Advancement of Colored People. (Attachments: # 1 Student Appearance Forms)(Wishnie, Michael) (Entered: 09/17/2018)
25 Memorandum in Opposition and in Support of Cross-Motion for Discovery re 20 MOTION for Summary Judgment filed by NAACP Boston Branch, NAACP Connecticut State Conference, National Association for the Advancement of Colored People. (Attachments: # 1 Statement of Material Facts Local Rule 56(a)(2) Statement, # 2 Declaration of Michael J. Wishnie, # 3 Exhibit Exhibit A, # 4 Exhibit Exhibit B, # 5 Exhibit Exhibit C, # 6 Exhibit Exhibit D, # 7 Exhibit Exhibit E, # 8 Exhibit Exhibit F, # 9 Exhibit Exhibit G, # 10 Exhibit Exhibit H, # 11 Exhibit Exhibit I, # 12 Exhibit Exhibit J, # 13 Exhibit Exhibit K, # 14 Exhibit Exhibit L, # 15 Exhibit Exhibit M, # 16 Exhibit Exhibit N, # 17 Exhibit Exhibit O, # 18 Exhibit Exhibit P, # 19 Exhibit Exhibit Q, # 20 Exhibit Exhibit R, # 21 Exhibit Exhibit S, # 22 Exhibit Exhibit T, # 23 Exhibit Exhibit U, # 24 Exhibit Exhibit V, # 25 Exhibit

09/17/2018 09/18/2018 10/12/2018
10/17/2018 10/17/2018 10/26/2018
10/30/2018 10/30/2018 11/02/2018 11/05/2018
11/05/2018

Exhibit W, # 26 Exhibit Exhibit X, # 27 Exhibit Exhibit Y, # 28 Exhibit Exhibit Z, # 29 Exhibit Exhibit AA, # 30 Exhibit Exhibit BB, # 31 Exhibit Exhibit CC, # 32 Exhibit Exhibit DD, # 33 Exhibit Exhibit EE, # 34 Exhibit Exhibit FF)(Wishnie, Michael) (Entered: 09/17/2018)
26 Cross MOTION for Discovery Order by NAACP Boston Branch, NAACP Connecticut State Conference, National Association for the Advancement of Colored People. (Wishnie, Michael) (Entered: 09/17/2018)
27 ORDER granting 24 Motion to Appear. Signed by Judge Warren W. Eginton on 9/18/2018. (Gould, K.) (Entered: 09/18/2018)
28 MOTION for Extension of Time until October 26, 2018 to file its Reply to the Plaintiffs' Motion in Opposition to the Defendant's Motion for Summary Judgment and Opposition to the Plaintiffs' Cross Motion for Discovery 25 Memorandum in Opposition to Motion,,,, 26 Cross MOTION for Discovery Order by U.S. Department of Commerce. (Green, Brenda) (Entered: 10/12/2018)
29 ORDER granting 28 Motion for Extension of Time. Signed by Judge Warren W. Eginton on 10/17/2018. (LaMura, K.) (Entered: 10/17/2018)
30 Set/Reset Deadlines as to 26 Cross MOTION for Discovery Order. Responses due by 10/26/2018 (LaMura, K.) (Entered: 10/17/2018)
31 MOTION for Extension of Time until November 2, 2018 to file its Reply in support of the Defendant's Motion for Summary Judgment and Opposition to the Plaintiffs' Cross-Motion for Discovery 25 Memorandum in Opposition to Motion,,,, 26 Cross MOTION for Discovery Order by U.S. Department of Commerce. (Green, Brenda) (Entered: 10/26/2018)
32 ORDER granting 31 Motion for Extension of Time. Signed by Judge Warren W. Eginton on 10/30/2018. (LaMura, K.) (Entered: 10/30/2018)
Set/Reset Deadlines as to 26 Cross MOTION for Discovery Order, 20 MOTION for Summary Judgment . Responses due by 11/2/2018 (LaMura, K.) (Entered: 10/30/2018)
33 STIPULATION re 25 Memorandum in Opposition to Motion,,,, 20 MOTION for Summary Judgment by U.S. Department of Commerce. (Green, Brenda) (Entered: 11/02/2018)
34 ORDER re 33 Stipulation filed by U.S. Department of Commerce. In accordance with doc. 33, Defendant shall produce non-exempt information that does not constitute an undue burden to the agency in the several categories of discrete documents. Signed by Judge Warren W. Eginton on 11/5/2018.(LaMura, K.) (Entered: 11/05/2018)
35 ORDER approving re 33 Stipulation filed by U.S. Department of Commerce. approve Stipulation for extension to the deadline for

11/19/2018
11/20/2018 12/17/2018
12/18/2018
12/18/2018
12/18/2018 01/17/2019

Defendants Reply in Support of its Motion for Summary Judgment and Opposition to Plaintiffs Cross-Motion for Discovery through November 15, 2018. However, the Court requests that motions for extension of time be filed as a motion rather than a stipulation. Signed by Judge Warren W. Eginton on 11/5/2018.(LaMura, K.) (Entered: 11/05/2018)
36 MOTION for Extension of Time until December 17, 2018 to file a Reply to Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and Opposition to Plaintiffs' Cross Motion for Discovery, nunc pro tunc 25 Memorandum in Opposition to Motion,,,, 26 Cross MOTION for Discovery Order by U.S. Department of Commerce. (Green, Brenda) (Entered: 11/19/2018)
37 ORDER granting 36 Motion for Extension of Time. Signed by Judge Warren W. Eginton on 11/20/2018. (Welles, T.) (Entered: 11/20/2018)
38 MOTION for Extension of Time until January 17, 2019 to file Defendant's Reply to Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and Opposition to Plaintffs' Cross Motion for Discovery 25 Memorandum in Opposition to Motion,,,, 26 Cross MOTION for Discovery Order by U.S. Department of Commerce. (Green, Brenda) (Entered: 12/17/2018)
39 RESPONSE re 38 MOTION for Extension of Time until January 17, 2019 to file Defendant's Reply to Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and Opposition to Plaintffs' Cross Motion for Discovery 25 Memorandum filed by NAACP Boston Branch, NAACP Connecticut State Conference, National Association for the Advancement of Colored People. (Wishnie, Michael) (Entered: 12/18/2018)
40 ORDER granting over Objections 38 MOTION for Extension of Time until January 17, 2019 to file Defendant's Reply to Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and Opposition to Plaintiffs' Cross Motion for Discovery. No further extensions of time will be granted. Signed by Judge Warren W. Eginton on 12/18/18. (Imbriani, Susan) (Entered: 12/18/2018)
Set/Reset Deadlines as to 26 Cross MOTION for Discovery Order, 20 MOTION for Summary Judgment . Respons/Oppositin due by 1/17/2019. (Imbriani, Susan) (Entered: 12/18/2018)
41 MOTION for Extension of Time until January 22, 2019 to filed a Reply to Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and Opposition to Plaintiffs' Cross Motion for Discovery 25 Memorandum in Opposition to Motion,,,, by U.S. Department of Commerce. (Green, Brenda) (Entered: 01/17/2019)

01/18/2019 01/22/2019
01/22/2019 01/28/2019
01/28/2019 01/31/2019
02/04/2019 02/04/2019 02/04/2019 02/05/2019

42 ORDER granting 41 Motion for Extension of Time. Signed by Judge Warren W. Eginton on 1/18/19. (Ladd-Smith, I.) (Entered: 01/18/2019)
43 MOTION for Extension of Time to file Defendant's Reply to Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and Opposition to Plaintiffs' Cross Motion for Discovery 25 Memorandum in Opposition to Motion,,,, 26 Cross MOTION for Discovery Order by U.S. Department of Commerce. (Green, Brenda) (Entered: 01/22/2019)
44 RESPONSE Clarifying Position of Plaintiffs on Defendant's Motion for Extension of Time filed by NAACP Boston Branch, NAACP Connecticut State Conference, National Association for the Advancement of Colored People. (Wishnie, Michael) (Entered: 01/22/2019)
45 ORDER granting 43 Motion for Extension of Time to January 31, 2019 for Defendant to either (a) file a joint stipulation ofsettlement with Plaintiffs, or (b) file its brief supporting its motion for summary judgment andopposing Plaintiffs cross-motion for discovery. Signed by Judge Warren W. Eginton on 1/28/2019. (Welles, T.) (Entered: 01/28/2019)
Set/Reset Deadlines as to 26 Cross MOTION for Discovery Order, 20 MOTION for Summary Judgment Responses due by 1/31/2019. (Imbriani, Susan) (Entered: 01/29/2019)
46 MOTION for Extension of Time until February 4, 2019 to file a Reply to Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and Opposition to Plaintiffs' Cross Motion for Discovery 25 Memorandum in Opposition to Motion,,,, 26 Cross MOTION for Discovery Order by U.S. Department of Commerce. (Green, Brenda) (Entered: 01/31/2019)
47 ORDER granting 46 Motion for Extension of Time. Signed by Judge Warren W. Eginton on 2/4/2019. (LaMura, K.) (Entered: 02/04/2019)
Set/Reset Deadlines as to 26 Cross MOTION for Discovery Order, 20 MOTION for Summary Judgment . Responses due by 2/4/2019 (LaMura, K.) (Entered: 02/04/2019)
48 STIPULATION of Settlement by NAACP Boston Branch, NAACP Connecticut State Conference, National Association for the Advancement of Colored People. (Wishnie, Michael) (Entered: 02/04/2019)
49 ORDER; The Court so orders the stipulation. The parties are obligated to comply with the terms of the Settlement Agreement. All pending motions (docs. 20 and 26) are DENIED without prejudice and the case will be closed administratively without prejudice to reopening. The Court will retain jurisdiction over the matter. re 48 Stipulation filed by National Association for the Advancement of Colored People, NAACP Connecticut State Conference, NAACP Boston Branch Signed by Judge Warren W. Eginton on 2/5/2019.(LaMura, K.) (Entered: 02/05/2019)

02/05/2019 02/05/2019

50 ORDER;All pending motions (docs. 20 and 26) are DENIED without prejudice and the case will be closed administratively without prejudice to reopening. The Court will retain jurisdiction over the matter. denying without prejudice 20 Motion for Summary Judgment; denying without prejudice 26 Motion for Order. Signed by Judge Warren W. Eginton on 2/5/2019. (LaMura, K.) (Entered: 02/05/2019)
JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link:

09/21/2019 09/23/2019

https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Fazekas, J.) (Entered: 02/06/2019)
51 Joint STIPULATION regarding attorneys' fees and costs by NAACP Boston Branch, NAACP Connecticut State Conference, National Association for the Advancement of Colored People. (Wishnie, Michael) (Entered: 09/21/2019)
52 APPROVED AND SO ORDERED re 51 Stipulation filed by National Association for the Advancement of Colored People, NAACP Connecticut State Conference, NAACP Boston Branch. Signed by Judge Warren W. Eginton on 9/23/19.(Imbriani, Susan) (Entered: 09/23/2019)

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3:17-cv-01682WWE 0.60
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 Case 3:17-cv-01682-WWE Document 1 Filed 10/05/17 Page 1 of 15

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT
______________________________________

NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, NAACP CONNECTICUT STATE CONFERENCE, and NAACP BOSTON BRANCH,

Civil Action No. _______ COMPLAINT

Plaintiffs,

v.

U.S. DEPARTMENT OF COMMERCE,

Defendant.

.

_____________________________________

Every ten years, the Constitution requires the federal government to attempt to count every U.S. resident. The results of the census help determine the balance of political power among and within the States and the distribution of day-to-day government services. The federal government uses Census data to apportion seats in the U.S. House of Representatives, draw legislative districts, enforce voting rights, build schools, and allocate more than $400 billion in federal funds.
The critical task of conducting the decennial census falls to the Census Bureau (“the Bureau”), a unit within the Defendant U.S. Department of Commerce. The Bureau has six regional offices and dozens of temporary processing facilities, and employs more than half a million temporary workers. The scale of the census is reflected by its cost: more than $12 billion in 2010. Yet despite the Bureau's extensive planning and funding, the agency routinely undercounts minorities, young children, home renters, and lowincome persons. Undercounted communities, in turn, may not receive their fair share of

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federal funding, especially in key areas such as education and infrastructure. Given the scale, cost, and impact of the census, the public has an overwhelming
interest in ensuring that its count is accurate and fair. And given the Census Bureau’s history of undercounting minorities, transparency is of particular importance to Plaintiffs, as well as to their tens of thousands of members.
The Census Bureau faces serious obstacles in preparing for the 2020 count. These include hiring and personnel gaps, exacerbated by a federal hiring freeze imposed in January 2017; an unprecedented move to digitize the census, with unknown vulnerabilities to cyberattack and disparate impacts on communities with less access to broadband internet services; a lack of senior leadership; and budgetary shortfalls at a time when the Bureau’s funding should be substantially increasing. These deficiencies recently prompted the U.S. Government Accountability Office to label the 2020 census a “high-risk” program. Yet the Bureau has failed to fully communicate to the public how it plans to carry out the 2020 census in light of these obstacles.
Plaintiffs submitted a request under the Freedom of Information Act (“FOIA”) to obtain records about the Bureau’s plans for the 2020 census. Plaintiffs requested records concerning hiring practices, cancellations/delays of tests, digitization, and outreach to hard-to-count populations, and other topics. The Bureau failed to respond to Plaintiffs’ request within the statutory deadline, in violation of the FOIA. Plaintiffs bring this action to compel the Bureau’s immediate production of responsive, non-exempt records.
JURISDICTION AND VENUE 1. This court has jurisdiction over this matter pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. §§ 1331 and 1361.
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2. Venue lies in this district under 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1391(e), as the President of Plaintiff NAACP-CT resides in, and Plaintiff NAACP-CT maintains its principal place of business in, the District of Connecticut and no real property is involved in this action.
PARTIES 3. Plaintiff NAACP, a § 501(c)(3) non-profit, is the nation’s oldest and largest grassroots-based civil rights organization. Its mission is to ensure the political, educational, social, and economic equality of rights of all persons and to eliminate racebased discrimination. The NAACP is headquartered in Baltimore, MD, and has over two thousand local units nationwide. These units have and will continue to help promote the accuracy of the census by conducting outreach to community members about the importance of being counted. 4. Plaintiff NAACP Connecticut State Conference (“NAACP CT”) is the statewide organ of the NAACP in Connecticut. NAACP CT’s principal place of business is in Connecticut. NAACP CT has a long history of advocating for civil rights and social justice throughout Connecticut, and among its activities, it holds annual conventions to train its members about important issues, including the decennial census. 5. Plaintiff NAACP Boston Branch (“NAACP Boston”) is the citywide organ of the NAACP in Boston. NAACP Boston promotes civil rights and social justice in Boston and has also regularly helped educate Massachusetts NAACP members about the decennial census. 6. The Census Bureau, a component of Defendant U.S. Department of Commerce, is charged with completing the decennial census. The Department of
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Commerce is an agency within the meaning of 5 U.S.C. § 552(f), and is in possession of, and exerts control over, records responsive to Plaintiffs’ FOIA request to it.
FACTUAL ALLEGATIONS 7. Every ten years, as required by Article I, Section 2 of the Constitution, the government attempts to count every resident of the United States. 8. The information gathered by this "actual Enumeration"—the decennial census—is used to determine the balance of political power both between and within the States. The census results are used, inter alia, for seat apportionment in the U.S. House of Representatives; redistricting for congressional districts and state legislative districts; and voting rights enforcement. 9. The federal government also uses census data to assist in determinations about how to distribute hundreds of billions of dollars in federal funds to local, state, and tribal governments. The results of the census affect day-to-day government services, from education to public health to transportation. 10. The public has an overwhelming interest in ensuring that the census is accurate and fair. Moreover, because the census requires the active participation of every resident of the United States, the public depends on the government for a considerable amount of information about how and when to participate in the census, and about the importance of providing the government with detailed and sensitive personal information. 11. A transparent census is of particular importance to organizations such as Plaintiffs, which represent historically disenfranchised groups. 12. The Census Bureau has long admitted that the decennial census tends to undercount minorities and low-income persons. Following the 2010 census, despite
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intensive advertising and outreach, the census acknowledged that it failed to count 2.1 percent of African Americans and 1.5 percent of Hispanic Americans, a total of 1.5 million people. These undercounts are comparable to the undercounts in the 2000 census.
13. Various factors account for why certain groups are persistently hard to count.
14. Many ethnic minorities, for example, fear that their census responses may be used to deport, imprison, or disqualify them from social welfare programs.
15. Residents who are not fully proficient in the English language or who otherwise lack formal education may have difficulty understanding census forms.
16. Rural residents are often hard to count because of their remoteness and lack of individual house addresses.
17. To address the problems associated with hard-to-count groups, the Census Bureau has in the past partnered with community organizations with influence in these communities. In 2010, for example, the Census Bureau enlisted tens of thousands of intermediaries, such as churches, charities, celebrities, and companies to explain to people the importance of completing their census forms.
18. Moreover, in the past, the Census Bureau has partnered with local NAACP units to deploy subcontractors that are familiar with the African American communities the census aims to count.
19. For those reasons, the census’ accuracy and fairness have always depended on its transparency. But there is reason to believe that such transparency is particularly important in the lead-up to the 2020 Census.
20. Experts fear the Census Bureau is wholly unprepared for the upcoming
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census, as it is suffering concretely from funding and staffing uncertainty and from a difficulty in assimilating new technology systems.
21. These concerns recently prompted the Government Accountability Office (“GAO”) to label the 2020 Census a “high-risk” program. GAO, “Report to Congressional Committees: Progress on Many High-Risk Areas, While Substantial Efforts Needed on Others” (Feb. 2017), http://www.gao.gov/assets/690/682765.pdf.
22. The Census Bureau has not adequately informed the public as to how it is addressing these challenges.
23. The Census Bureau has not provided information sufficient to show that it is adequately contending with uncertainty across the federal government with respect to the hiring of personnel.
24. Upon taking office, President Donald Trump instituted a hiring freeze across much of the executive branch. See Presidential Memorandum, “Memorandum for the Heads of Executive Departments and Agencies” (Jan. 20, 2017), 82 F.R. 8346.
25. A previous FOIA request revealed that, as of April 2017, there were 157 unfilled jobs at the Census Bureau because of the Trump Administration’s hiring freeze.
26. The government formally lifted the hiring freeze with a new order on April 12, 2017, Office of Management and Budget (“OMB”) Memo M-17-22, and directed agencies to submit plans for personnel cuts and other restructuring moves to fit the budget blueprint.
27. OMB instructed agencies to develop proposals for personnel changes by June 30, 2017 and to submit longer-term plans in September 2017. It is unknown whether Defendant has submitted its plan to OMB.
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28. Moreover, the Bureau lacks senior leadership. On May 8, 2017, Census Director John Thompson abruptly resigned, even though he had been expected to stay on through the end of 2017 or longer. The President has not indicated whether or when he will nominate a successor.
29. The public does not know how the President’s executive orders have affected the Bureau’s hiring. It is further unclear what effects the initial hiring freeze, and the lack of senior leadership in the Bureau, have had on preparations for the 2020 Census at this crucial stage.
30. The Census Bureau also faces significant uncertainty with respect to its budget, and has not provided adequate public accounting of the effects that uncertainty will have on preparations for, and the ultimate accuracy of, the 2020 Census.
31. At this stage in the decennial census cycle, and continuing in the eighth and ninth year of the decade, the Census Bureau's funding normally increases precipitously. As the end of the decade approaches, the Bureau usually purchases new technology, tests that technology, compiles databases of residential addresses across the nation, secures office space, and begins to train workers.
32. The Trump administration cut back on the previous administration's 2017 budget request for the Bureau by 10 percent, and then flat-lined that funding for 2018.
33. Because of these budgetary shortfalls, the Bureau has admitted needing to make “really, really difficult decisions” about where to cut back. Oversight of the 2020 Census: Hearing Before the House Committee on Appropriations, S. Comm. on Commerce, Justice, Sci., and Related Agencies (May 3, 2017) (statement of John H. Thompson, Director, U.S. Census Bureau).
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34. It has provided some public accounting of those cuts, including by describing its decisions to eliminate advertising in the 2018 End-to-End Census Test, a “dress rehearsal” that serves as the basis for many final decisions about the decennial census, to delay address-listing field work until 2019, and to delay the opening of six Regional Census Centers.
35. It is unknown whether these delays and cancellations are sufficient to address the budgetary shortfalls, what other programs may have been scaled back or cancelled due to budgetary concerns, and how the Bureau plans to guarantee the accuracy of the census despite having fewer resources.
36. This census cycle will involve drastic changes: for the first time, the census will be digital, a departure from paper-based and in-person methods of previous censuses. In light of these changes, the 2020 census faces remarkable challenges.
37. Rural, low-income, and older Americans are likelier than other residents to lack reliable access to Internet service. A digital census also presents cybersecurity risks, which could amplify some Americans’ fears about providing sensitive information to the government.
38. Information regarding the Census Bureau’s plans to digitize the 2020 census, conduct address canvassing, and conduct outreach to hard-to-count populations should be readily available to the public.
39. The Census Bureau has failed to fully communicate to the public its plans to carry out the 2020 census, especially in light of its overhaul of census procedures and technology and its ongoing budgetary and hiring uncertainty.
Plaintiffs’ FOIA Request to the U.S. Department of Commerce, Census Bureau
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40. On June 29, 2017, Plaintiffs submitted a FOIA request to the Census Bureau via email. A copy is attached as Exhibit A.
41. The FOIA request sought records relating to the Census Bureau’s preparations for the 2020 census, including its plans to digitize the census and ensure the participation of certain “hard-to-count” populations. Moreover, in light of concerns that the 2020 Census will be understaffed and underfunded, the request sought records detailing the Bureau’s hiring of employees and its cancellation or postponement of various other preparations. The request also sought limited information on the Census Bureau’s preparations for the 2010 census, for purposes of comparison. The request included twelve numbered items.
42. The FOIA request also sought a fee waiver pursuant to 5 U.S.C. § 552(a)(4)(A)(iii) and 15 C.F.R. § 4.11, because the requested disclosure of information is in the public interest. The FOIA request described in detail the reasons why Plaintiffs’ request meets the relevant statutory and regulatory criteria for a fee waiver.
43. On July 14, 2017, Plaintiffs received an “Interim Fee Waiver Denial” from the Census Bureau, which is attached as Exhibit B.
44. The “Interim Fee Waiver Denial” incorrectly stated that Plaintiffs “have designated [themselves] in the ‘Educational’ category” under 15 C.F.R. § 4.11, and that Plaintiffs therefore must provide a “current faculty identification card and a current syllabus for the respective class the research will be used for.”
45. Plaintiffs’ FOIA request did not designate Plaintiffs in the “Educational” category. Plaintiffs are not educational institutions.
46. The “Interim Fee Waiver Denial” also alleged that the Census Bureau’s
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FOIA office did not receive Plaintiffs’ FOIA request until July 6, 2017, despite the fact that Plaintiffs sent the request directly to the Census Bureau’s FOIA office email address, listed on Defendant’s own website, on June 29, 2017.
47. The FOIA provides that the 20-day time limit for the agency to respond to a request “shall commence on the date on which the request is first received by the appropriate component of the agency, but in any event not later than ten days after the request is first received by any component of the agency.” 5 U.S.C. § 552(a)(6)(A)(ii) (emphasis added).
48. Plaintiffs’ email directed to the Census Bureau’s FOIA Office email address was sent to the “appropriate component of the agency.” The “Interim Fee Waiver Denial” included no explanation of why the Census Bureau’s FOIA office needed four business days to “receive” Plaintiffs’ request.
49. Contrary to Defendant’s “Interim Fee Waiver Denial,” the appropriate component of the agency received Plaintiffs’ request on June 29, 2017, and all deadlines under the statute and regulations must by law be calculated from that date.
50. On August 4, 2017, Plaintiffs received an “Interim Extension” from the Census Bureau, which is attached as Exhibit C.
51. This letter stated that the Census Bureau “received [Plaintiffs’] request in this office on July 6, 2017,” such that the deadline “for [the Census Bureau’s] initial determination” is August 7, 2017. The letter then extended the time “for [the Census Bureau’s] initial determination” until September 7, 2017. The letter cited “15 C.F.R. § 4.6(c)(2)” as justification for this extension.
52. There is no regulation denominated “15 C.F.R. § 4.6(c)(2).”
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53. The Census Bureau’s decision to grant itself a 30-day day extension did not occur within 20 business days of either the claimed receipt date of July 6, 2017, or the actual receipt date of June 29, 2017, as required by statute. See 5 U.S.C. § 552(a)(6)(A)(i).
54. Moreover, the Census Bureau’s 30-day extension exceeded the statutory maximum of 10 days and failed to comply with the procedural requirements for any exception to this 10-day limit. 5 U.S.C. § 552(a)(6)(B)(i)-(iii); 15 CFR § 4.6(d)(1)-(2).
55. On August 21, 2017, Plaintiffs submitted via FedEx, fax, and email a “Freedom of Information Act Appeal” of the Bureau’s July 14, 2017 “Interim Fee Waiver Denial.” This appeal is attached as Exhibit D.
56. This appeal further elaborated the grounds that Plaintiffs qualify for a fee waiver, in addition to those grounds set forth in their original request. On August 22 and 23, 2017, the Census Bureau sent emails acknowledging receipt of the appeal.
57. On August 30, 2017, Plaintiffs received an “Interim Response” from the Census Bureau, which is attached as Exhibit E.
58. The “Interim Response” stated that Plaintiffs’ “request is overly broad and does not clearly describe the records sought for items 6, and 7.” The letter sought clarification within 30 calendar days, noting that it would otherwise close items 6 and 7.
59. On September 8, 2017, Plaintiffs filed a “Clarification of FOIA Request” regarding items 6 and 7, which is attached as Exhibit F.
60. This letter maintained that items 6 and 7, as originally requested, were reasonably described. However, Plaintiffs nevertheless, and without conceding that the Census Bureau’s August 30, 2017 “Interim Response” was proper or timely, and without
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waiving any objection to it, clarified and narrowed items 6 and 7. 61. Plaintiffs also expressed their willingness to discuss these items by
telephone if useful to the Census Bureau. 62. The “Clarification of FOIA Request” also sought expedited processing
pursuant to 15 C.F.R. § 4.6 (f)(1)(iii) with respect to items 6 and 7. 63. Under 15 C.F.R. § 4.6(f)(4), components are to “decide whether to grant
[requests for expedited processing] . . . and . . . notify the requester of the decision” “[w]ithin ten calendar days of . . . receipt of a request for expedited processing.”
64. On October 3, 2017, Plaintiffs received an Interim Response from the Census Bureau, which is attached as Exhibit G. Defendant provided several internet links and four documents and explained that “[w]e . . . will in the future provide additional responsive records on a rolling basis as well as a final determination and any appeals rights you may have under the FOIA to their release.” Defendant also withheld portions of one document pursuant to FOIA Exemption 6, which it acknowledged constituted “a partial denial of your request,” subject to Plaintiffs’ right to pursue an administrative appeal of these withholdings within 90 days.
65. Defendant’s October 3 communication and partial disclosure does not constitute a final agency determination of Plaintiffs’ request as to any numbered item in the Request. No administrative appeal is available as to the October 3 disclosures, except as to the withheld portions of one document pursuant to Exemption 6.
66. On October 4, 2017, Plaintiffs’ Counsel left a message with the Census Bureau’s designated point of contact by telephone, who promptly returned the call and stated that the agency had not completed its production as to items 1-12, was working
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diligently to identify and review potentially responsive records, and would continue to disclose records on a rolling basis over the coming weeks.
67. The Defendant's agency point of contact also stated on October 4, 2017 that the Census Bureau had agreed not to charge Plaintiffs fees in connection with the instant Request. The Census Bureau’s deadline under 5 U.S.C. § 552(a)(6)(A)(ii) and 15 C.F.R. § 4.6(b) for responding to Plaintiffs’ fee waiver appeal expired on September 19, 2017. Plaintiffs have to date not received any written statement confirming that the fee waiver has been granted, as communicated telephonically on October 4, 2017.
68. The Census Bureau’s self-granted extension for producing requested documents was improper and in any event expired on September 7, 2017. Plaintiffs have, to date, received only incomplete responses to items 1 through 4 and 6 through 7, and no response to items 5 and 8 through 12.
69. The Census Bureau’s deadline under 15 C.F.R. § 4.6(f)(4) for responding to Plaintiffs’ request for expedited processing as to items 6 and 7 expired on September 18, 2017. Plaintiffs have received no notification from the Census Bureau as to the Bureau’s decision on the request.
70. Due to the Census Bureau’s failure to provide a final response to Plaintiffs’ request even by its improperly extended deadlines, Plaintiffs have exhausted the applicable administrative remedies with respect to their FOIA request. See 5 U.S.C. § 552(a)(6)(C)(i).
CAUSE OF ACTION 71. Plaintiffs repeat and re-allege each of the foregoing allegations as if fully set forth herein.
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72. Plaintiffs have a legal right under FOIA to obtain the specific agency records sought in the Requests, and Defendant’s failure to promptly make the requested records available to Plaintiffs has no legal basis.
73. Defendant currently has possession, custody or control of the requested records.
74. Defendant failed to determine within 20 days (excepting Saturdays, Sundays, and legal public holidays) after receipt whether to comply with Plaintiffs’ FOIA request, in violation of FOIA, 5 U.S.C. § 552(a)(6)(A)(i), and applicable regulations promulgated thereunder.
75. Defendant failed to respond to Plaintiffs’ request for expedited processing, in violation of 15 C.F.R. § 4.6(f)(4).
76. Defendant erroneously denied Plaintiffs’ public interest fee waiver or fee reduction request in violation of 5 U.S.C. § 552(a)(4)(A)(iii) and 15 C.F.R. § 4.11(l).
77. Defendant has failed to disclose all responsive, non-exempt records responsive to Plaintiffs’ request.
REQUESTED RELIEF WHEREFORE, Plaintiffs respectfully request that this Court:
1. Assume jurisdiction over this matter; 2. Order Defendant to disclose the requested records in their entireties and to make
copies available to Plaintiffs; 3. Declare that Defendant’s failure to grant Plaintiffs’ fee waiver request is unlawful
and that Plaintiffs are entitled to a full fee waiver; 4. Enjoin Defendant from assessing fees or costs for processing of Plaintiffs’ FOIA
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request; 5. Provide for expeditious proceedings in this action; 6. Award Plaintiffs costs and reasonable attorneys’ fees in this action as provided by
5 U.S.C. § 552(a)(4)(E); and 7. Grant any other and further relief the Court deems appropriate. Respectfully submitted,

/s/ Michael J. Wishnie
Benjamin Alter, Law Student Intern+ Sameer Jaywant, Law Student Intern+ Erinma Kalu, Law Student Intern+ Brandon Levin, Law Student Intern+ Abigail Olson, Law Student Intern+ Charlotte Schwartz, Law Student Intern+ Michael J. Wishnie, (ct27221) Rule of Law Clinic Yale Law School 127 Wall Street New Haven, CT 06511 (203) 436-4780 michael.wishnie@ylsclinics.org

Bradford Berry, General Counsel* Khyla D. Craine, Asst. General Counsel* NAACP 4805 Mt. Hope Drive Baltimore, MD 21215 (410) 580-5624 bberry@naacpnet.org kcraine@naacpnet.org Counsel for Plaintiffs

+ Motion for law student admission forthcoming. * Motion for admission pro hac vice forthcoming.
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 Case 3:17-cv-01682-WWE Document 48 Filed 02/04/19 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT
____________________________________

NAACP, et al.

Plaintiffs,

Civil Action No. 3:17-cv-01682-WWE

v.

U.S. DEPARTMENT OF COMMERCE,

Defendant. ____________________________________

February 4, 2019

STIPULATION AND ORDER OF SETTLEMENT Plaintiffs the National Association for the Advancement of Colored People (“NAACP”), the NAACP Connecticut State Conference, and the NAACP Boston Branch (together, “Plaintiffs”) and Defendant U.S. Department of Commerce (“Defendant”) hereby stipulate and agree to the following stipulation and settlement regarding the above-captioned case. WHEREAS, on June 29, 2017, Plaintiffs submitted to Defendant the Freedom of Information Act (“FOIA”) request that is the subject of the above-captioned case (the “First Request”); WHEREAS, on October 5, 2017, Plaintiffs filed the complaint in the above-captioned case, ECF 1 (the “Complaint”), alleging that Defendant failed to provide an adequate and timely response to the First Request as required by FOIA; WHEREAS, on March 7, 2018, Plaintiffs submitted to Defendant a second FOIA request, DOC-CEN-2018-000911, not at issue in the above-captioned case (the “Second Request”);

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Case 3:17-cv-01682-WWE Document 48 Filed 02/04/19 Page 2 of 9
WHEREAS, Plaintiffs and Defendant have engaged in arms-length negotiations to resolve all outstanding disputes between Plaintiffs and Defendant regarding the reasonableness of Defendant’s searches pursuant to both the First Request and the Second Request;
NOW THEREFORE, IT IS HEREBY AGREED AMONGST THE PARTIES AS FOLLOWS:
1. No later than the dates indicated below, Defendant shall conduct a reasonable search for the following categories of records and shall produce all responsive records in these categories to Plaintiffs, except that Defendant may withhold any information that properly falls within an exemption to FOIA. Defendant shall provide any responsive, non-exempt records that exist in electronic form in an electronic searchable format on a compact disc, digital video disk, digital file transfer, or equivalent electronic medium. Emails with accompanying attachments shall be provided together, preserving any parent-child relationship of documents should they exist. No later than February 14, 2019: a. From January 1, 2017 through January 31, 2019, meeting materials for the 2020 Census Executive Steering Committee, as well as meeting materials from the Operating Committee, where discussion of the 2020 Census is identified on the agenda; b. Meeting materials for the 2020 Census Portfolio Management Governing Board, from January 1, 2017 through January 31, 2019; c. From January 1, 2017 through January 31, 2019, presentation materials for briefings provided to the Department of Commerce in the Census Bureau’s “Weekly Updates”;
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d. From January 1, 2017 through January 31, 2019, presentation materials for briefings provided to Under Secretary of Economic Affairs Karen Dunn Kelley, the Deputy Secretary of Commerce, and the Secretary of Commerce, to the extent that these briefings have taken place outside the “Weekly Updates”;
e. Budget, finance and funding estimation documents, specifically: i. The full basis of estimation for Version 1 (2017) of the 2020 Decennial Census Lifecycle Cost Estimate; ii. The Census Bureau’s budget variance reports and monthly spend plans for Fiscal Years 2018 and 2019; and iii. Budget impact statements related to the cancellation and modification of 2017 and 2018 field tests;
f. Partnership plans, specifically: i. Records documenting the Census Bureau’s identification of certain “keystone partners” for the 2020 Census National Partnership Program; ii. Spreadsheet of partners gathered by the Census Bureau since 2010; and iii. Hiring snapshots and the total amount of money spent on the 2020 Decennial Census Integrated Partnership and Communications Program as of December 2018;
g. Data sufficient to show: i. The number of partnership specialists hired by the Census Bureau through December 31, 2018; and ii. the numbers of individuals working as contractors for the Census Bureau as of December 31, 2018
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A. as technical integrators; and B. on the Integrated Partnership and Communications program; h. Documents or data sufficient to show what portion of the communications budget for the 2010 Census Integrated Partnership and Communications program was spent on advertising per target audience, specifically to include each racial or ethnic group classified as a hard-to-count population; i. To the extent not already produced to Plaintiffs, documents Defendant agreed to search for and produce pursuant to the Joint Stipulation of November 2, 2018 (ECF 33), to wit: i. Agreements in force between the Census Bureau and State agencies governing the Census Bureau’s use of administrative data as of the date of this stipulation of settlement; ii. From January 1, 2017 to the date of this stipulation of settlement, the Census Bureau’s “Should Have Started / Should Have Finished Reports”; iii. From January 1, 2017 to the date of this stipulation of settlement, the Census Bureau’s “30, 60, and 90 Day Look Ahead Reports”; iv. From January 1, 2017 to the date of this stipulation of settlement, the Census Bureau’s Executive Alert Reports; v. The Census Bureau’s Draft HR Bulletin for the hiring freeze; hiring freeze exception memoranda; hiring freeze exemption approvals; and the document titled “updated CORI hiring freeze user guidance MZL”; vi. Internal Census Bureau planning memoranda relating to opening regional census centers in January 2017, beginning address canvassing field staff
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recruitment in March 2017, and opening area census offices from April 1, 2017 to July 31, 2017; and vii. Internal Census Bureau memoranda or documents on reaching hard-to-count populations, specifically with regards to the role of technology. No later than fourteen calendar days after Version 2 of the 2020 Decennial Census Lifecycle Cost Estimate is finalized: j. The basis of estimation for Version 2 (forthcoming, February 2019) of the 2020 Decennial Census Lifecycle Cost Estimate. No later than fourteen calendar days after the 2020 Decennial Census media plan is finalized: k. Documents or data sufficient to show what portion of the communications budget for the 2020 Census Integrated Partnership and Communications program the Census Bureau expects to spend on advertising buys per target audience, specifically including each racial or ethnic group classified as a hard-to-count population; and l. Documents or data sufficient to show what portion of the communications budget for the 2020 Census Integrated Partnership and Communications program, if any, the Census Bureau has instructed or expects Young & Rubicam to allocate to advertising developed by Carol H. Williams Advertising; No later than February 28, 2019: m. Emails sent to or from the email account of Census Bureau Director John Thompson in October 2016 (whether Mr. Thompson was a primary addressee, copied on a message, “bcc”-d, forwarded the message, or otherwise received a message) addressing the partial cancellation of 2017 field testing operations;
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2. Defendant shall produce to Plaintiffs, no later than February 28, 2019, a Vaughn index describing each document withheld for the categories in paragraph 1 above and the basis for each withholding.
3. In exchange for Defendant’s performance of paragraphs 1 and 2 herein, Plaintiffs hereby stipulate and agree that Defendant has conducted a reasonable search for records responsive to the First Request and Second Request.
4. Defendant hereby withdraws its Motion for Summary Judgment, ECF 20. 5. Plaintiffs reserve the right to enforce the terms of this agreement. The parties request, and
expressly consent to the Court making “the parties’ obligation to comply with the terms of the Settlement Agreement ... part of the [Court’s] order,” pursuant to Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 381 (1994). The parties agree that, after the Court issues such an order, it shall retain jurisdiction to adjudicate any dispute arising from the performance of this stipulation. The parties agree to make reasonable efforts to resolve any disputes informally before making an application to the Court. 6. By March 14, 2019, Plaintiffs shall review the Vaughn index and advise Defendant which withholdings, if any, they contest. Plaintiffs and Defendant shall confer regarding any contested withholdings until March 28, 2019. If any disputes remain, Defendant shall move for summary judgment as to the propriety of its withholdings by May 2, 2019; Plaintiffs’ response in opposition, together with any cross-motion, shall be due May 30, 2019; Defendant’s reply in support of its motion for summary judgment, together with its opposition to any cross-motion, shall be due June 13, 2019; and Plaintiffs’ reply in support of any cross-motion shall be due June 27, 2019.
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7. This stipulation shall not be used as evidence or otherwise in any pending or future civil or administrative action against or involving Defendant, its agents, servants, or employees, or any agency or instrumentality of the United States, except as may be necessary to establish or clarify the parties’ respective rights and obligations under this stipulation.
8. This stipulation shall be binding upon and inure to the benefit of the parties hereto and their respective predecessors, successors, agents, and assigns.
9. The parties hereby declare that they have voluntarily entered into this stipulation in good faith, have read and fully understand the entire stipulation, and consider it to be a fair and reasonable agreement. The parties hereby declare further that the undersigned counsel are fully authorized to enter into this stipulation on behalf of their respective clients.
10. The parties may execute this stipulation in counterparts, each of which constitutes an original and all of which constitute one and the same stipulation. Facsimiles and pdf versions of signatures shall constitute acceptable, binding signatures for purposes of this stipulation.
Dated: February 4, 2019
Respectfully submitted, John H. Durham
United States Attorney
_______/s/ Brenda M. Green____ Brenda M. Green
Assistant United States Attorney (ct19538) United States Attorney’s Office
1000 Lafayette Boulevard, 10th Floor Bridgeport, CT 06604
(203) 696-3000 (telephone)
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SO ORDERED. Dated:
_________________________________ WARREN W. EGINTON Senior United States District Judge

(203) 579-5575 (facsimile)
Counsel for Defendant
_______/s/ Michael J. Wishnie____
Rachel Brown, Law Student Intern Nikita Lalwani, Law Student Intern Abigail Olson, Law Student Intern Joseph Schottenfeld, Law Student Intern Charlotte Schwartz, Law Student Intern Jeffrey Zalesin, Law Student Intern
Michael J. Wishnie (ct27221) Rule of Law Clinic Yale Law School 127 Wall Street
New Haven, CT 06511 Tel: (203) 436-4780 Fax: (203) 432-1426
michael.wishnie@ylsclinics.org
Counsel for all Plaintiffs

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Case 3:17-cv-01682-WWE Document 48 Filed 02/04/19 Page 9 of 9
CERTIFICATE OF SERVICE I hereby certify that on February 4, 2019, a copy of the foregoing Stipulation and Order of Settlement was filed electronically and served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by e-mail to all parties by operation of the Court’s electronic filing system or by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filing through the Court’s CM/ECF System.
Respectfully submitted, /s/ Michael J. Wishnie Michael J. Wishnie (ct27221) Rule of Law Clinic Yale Law School 127 Wall Street New Haven, CT 06511 (203) 436-4780 michael.wishnie@ylsclinics.org
9

 
 Case 3:17-cv-01682-WWE Document 51 Filed 09/21/19 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF CONNECTICUT

__________________________________________

)

NATIONAL ASSOCIATION FOR THE

) Civil Action No. 3:17-cv-01682-WWE

ADVANCEMENT OF COLORED PEOPLE,

)

et al.,

)

)

Plaintiffs ,

)

)

v.

)

)

U.S. DEPARTMENT OF COMMERCE,

)

)

Defendant.

)

)

__________________________________________) September 18, 2019

STIPULATION FOR COMPROMISE SETTLEMENT AND RELEASE OF CLAIMS REGARDING FEES AND COSTS

WHEREAS, by email dated June 29, 2017, the National Association for the

Advancement of Colored People (NAACP), NAACP Connecticut State Conference, and

NAACP Boston Branch (collectively, “Plaintiffs”) submitted requests pursuant to the Freedom

of Information Act, 5 U.S.C. § 552 (“FOIA”) for various records relating to the Census Bureau’s

preparations for the 2020 Census (the “First Request”);

WHEREAS, on October 5, 2017, Plaintiffs filed a complaint in the above-captioned

matter against the Department of Commerce (“DOC”), of which the Census Bureau is a

component, seeking the release of such records (“the Litigation”);

WHEREAS, on March 7, 2018, Plaintiffs submitted to Defendant a second FOIA request,

DOC-CEN-2018-000911 (the “Second Request”);

WHEREAS, on July 26, 2018, DOC moved for summary judgment in the Litigation after

Plaintiffs and DOC (collectively, “the Parties”) failed to reach an agreement during the Meet and

Confer Period specified in the Court’s Scheduling Order;

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Case 3:17-cv-01682-WWE Document 51 Filed 09/21/19 Page 2 of 5
WHEREAS, on September 17, 2018, Plaintiffs filed a memorandum in opposition to Defendant’s motion for summary judgment and cross-moved for discovery;
WHEREAS, on October 25, 2018, Burton Reist, Census Bureau Assistant Director for Communications, Operations, and Management, was deposed in NAACP v. Department of Commerce, No. PWG-18-891, 2019 WL 3500934 (D. Md. Aug. 1, 2019), appeal docketed No. 19-1863 (4th Cir. Aug. 12, 2019), a separate matter in which the NAACP is also represented by undersigned counsel, at a deposition attended by agency counsel in this matter;
WHEREAS, on October 25, 2018, following deposition testimony by Mr. Reist and the clarification of Plaintiffs’ FOIA requests as set forth in their September opposition to the motion for summary judgment, Defendant requested a conference with Plaintiffs to explore a potential settlement;
WHEREAS, on February 4, 2019, the Parties reached an agreement and filed a Joint Stipulation resolving all remaining claims in the Litigation arising from the First Request and the Second Request;
WHEREAS, on February 5, 2019, the Court approved the Joint Stipulation, ECF No. 50, and administratively closed this matter but did not enter final judgment;
WHEREAS Plaintiffs have indicated their intent to file an application for attorneys’ fees and other costs incurred in connection with the Litigation pursuant to 5 U.S.C. § 552(a)(4)(E);
WHEREAS, the Parties wish to resolve their disputes concerning the anticipated fee application in the above-captioned case without further litigation;
IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, as follows: 1. The Parties do hereby agree to settle and compromise each and every claim, credit, demand, and right, whether known or unknown, directly or indirectly relating to
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Case 3:17-cv-01682-WWE Document 51 Filed 09/21/19 Page 3 of 5

attorneys’ fees and costs incurred by Plaintiffs in the Litigation, under the terms and conditions

set forth in this Stipulation for Compromise Settlement and Release of Claims (hereinafter

“Stipulation”), unless specifically and expressly excluded from the terms and conditions of this

Stipulation herein.

2. In consideration for the release of Plaintiffs’ claims regarding attorneys’ fees and

costs against Defendant in the Litigation, the United States shall pay to the Peter Gruber Rule of

Law Clinic, Yale Law School (“ROLC”), within sixty (60) days of the execution of this

Stipulation, the sum of Eighteen-Thousand and Four-Hundred Dollars ($18,400) via wire as

designated in paragraph 3, which sum Plaintiffs and their counsel agree to accept as full

settlement of any and all claims, credits, demands, rights and causes of action for attorneys’ fees

and costs incurred by Plaintiffs in the Litigation.

3. The Eighteen-Thousand and Four-Hundred Dollars referenced in paragraph 2

above will be made by government wire transfer to the trust account of Plaintiffs’ attorney the

Peter Gruber Rule of Law Clinic, Yale Law School. The settlement proceeds will be

electronically transferred as follows:

Financial Institution:

Bank of America 100 West 33rd Street
New York, NY 10001

ABA Number: (wire transfer)

026009593

ABA Number: (ACH)

011900254

Account Title:

Yale University

Account Number:

0050296726

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Reference Information:

The sender of the funds must specify that the funds are for: LAW SCHOOL Rule of Law Clinic YD000002.CC1301.PG01693.PJ000001

4. Plaintiffs hereby expressly agree to accept the payment above-described in paragraph 2 in full settlement and satisfaction of any and all claims, credits, demands, rights, and causes of action relating to attorneys’ fees and costs incurred in litigating the above-captioned matter, which they may now have or hereafter acquire against Defendant, its agencies, representatives, agents, servants, and employees, past or present, in their official or individual capacities, for fees and costs relating to or incurred in the Litigation.
5. The Parties agree that this Stipulation, including all the terms and conditions of this compromise settlement, may be made public in its entirety.
6. The persons signing this Stipulation warrant and represent that they possess full authority to bind the entities, agencies and organizations on whose behalf they are signing to the terms of the Stipulation.
7. This Stipulation represents the entire agreement between the Parties with regard to the matters set forth herein and no other agreements, understandings or representations, oral or otherwise, bind the Parties except as herein expressly set forth in writing and signed by all Parties.
8. This Court retains jurisdiction to enforce the provisions of this stipulation.

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Respectfully submitted,
PLAINTIFFS /s/ Michael J. Wishnie Rachel Brown, Law Student Intern Daniel Ki, Law Student Intern Nikita Lalwani, Law Student Intern Joshua Zoffer, Law Student Intern Michael J. Wishnie, ct27221 Peter Gruber Rule of Law Clinic Yale Law School 127 Wall Street New Haven, CT 06511 Telephone: (203) 436-4780 Fax: (203) 432-1426 Email: Michael.Wishnie@ylsclinics.org

DEFENDANT /s/ Brenda M. Green Brenda M. Green, ct19538 United States Attorney’s Office 1000 Lafayette Boulevard, 10th Fl. Bridgeport, CT 06604 Telephone: (203) 696-3000 Fax: (203) 579-5575 Email: Brenda.Green@usdoj.gov

5