UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
October 7, 2009
JCI METAL PRODUCTS, PLAINTIFF,
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.
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