Simo U.S. Department of Justice eS WE United States Attorney Southern District of New York S86 Chambers Street New York, NY 10007 May 21, 2021 By ECF The Honorable Mary Kay Vyskocil USDC SDNY United States District Judge DOCUMENT Southern District of New York ELECTRONICALLY FILED Daniel Patrick Moynihan United States Courthouse DOC 500 Pearl Street DATE FILED:_5/25/2021 New York, New York 10007 Re: = de la Cruz v. U.S. Dep’t of Justice, et al., No. 20 Civ. 9941 (MKYV) (S.D.N.Y.) Dear Judge Vyskocil: This Office represents the U.S. Department of Justice, Executive Office of U.S. Attorneys and Merrick Garland! (together, the “Government’”’) in the above-referenced matter. We write respectfully and with plaintiffs consent to seek an adjournment of the parties’ June 2, 2021 initial pretrial conference. As discussed below, in lieu of that conference, the parties propose to submit a joint status letter by July 8, 2021, updating the Court as to the status of this matter. The above-referenced action is brought by Sergio de la Cruz pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. Mr. de la Cruz seeks records from the Government’s case files for United States v. Grishaj, No. 07 Mj. 1363 (S.D.N.Y.), and United States v. Grishaj, No. 07 Cr. 1158 (S.D.N.Y.) that mention or refer to Mr. de la Cruz. The Government disclosed records responsive to plaintiff's FOIA request today, May 21, 2021, and the plaintiff is currently reviewing those records. The parties respectfully request an adjournment of the upcoming initial pretrial conference to allow additional time to determine whether further litigation is necessary, and if so, what steps should be taken in anticipation of such litigation. Because this action is brought pursuant to the FOIA, ordinary principles of discovery are inapplicable. If disputes arise as to the propriety of withholdings or redactions made by the Government, they will be resolved on cross-motions for summary judgment. See Carney v. DOJ, 19 F.3d 807, 812 (2d Cir. 1994). Therefore, the parties agree that there may be no need for a case management plan governing discovery or for an initial pretrial conference in_ this case. Accordingly, the parties propose to submit a joint status letter by July 8, 2021, updating the Court as to the status of this matter and informing the Court whether further litigation is necessary. We thank the Court for its consideration of this request. ' Pursuant to Federal Rule of Civil Procedure 25(d), Attorney General Monty Wilkinson is automatically substituted for former Attorney General Merrick Garland. Page 2 of 2 Respectfully, AUDREY STRAUSS United States Attorney By: /s/Zachary Bannon ZACHARY BANNON Assistant United States Attorney 86 Chambers Street, Third Floor New York, New York 10007 Tel.: (212) 637-2728 GRANTED. The Parties should file a joint status letter on or before July 8, 2021. The conference previously scheduled for July 2, 2021 is adjourned. SO ORDERED. Date: 5/25/2021 K (/ New York, New York Mary |Kay V¥skocil nited States District Judge