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JCI Metal Products v. United States Dep't of the Navy

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


October 7, 2009

JCI METAL PRODUCTS, PLAINTIFF,
v.
UNITED STATES DEPARTMENT OF THE NAVY, DEFENDANT.

The opinion of the court was delivered by: Irma E. Gonzalez, Chief Judge United States District Court

ORDER: (1) GRANTING JOINT MOTION AND APPROVING STIPULATION, and (2) DENYING AS MOOT PLAINTIFF'S APPLICATION FOR TEMPORARY RESTRAINING ORDER [Doc. Nos. 5, 6]

On September 30, 2009, Plaintiff JCI Metal Products ("JCI") filed this "Reverse FOIA" action seeking to prevent the U.S. Department of the Navy ("Navy") from releasing documents in response to a FOIA request from a third party. [Doc. No. 1]. On October 1, 2009, JCI filed an Application for a Temporary Restraining Order to prevent the Navy from releasing the documents in question. [Doc. No. 5]. Currently before the Court is the parties' Joint Motion for an order approving a stipulation the parties have reached. [Doc. No. 6]. The Navy has agreed, without admitting the merits of JCI's position, that it will not release the documents before this Court makes a final decision on the merits of JCI's case. Relying on that agreement, JCI has agreed to withdraw its Application for a Temporary Restraining Order.

Having reviewed the Joint Motion and GOOD CAUSE appearing, the Court hereby APPROVES the parties' stipulation and orders as follows: the Navy shall not disclose the documents relating to Contract N00244-02-D-0026, sought by the Freedom of Information Act Request it received on or about February 18, 2009, until this Court issues a final ruling on the merits of this matter. Accordingly, JCI's Application for a Temporary Restraining Order is DENIED AS MOOT.

IT IS SO ORDERED.

20091007

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