UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
May 25, 2010
ELECTRONIC FRONTIER FOUNDATION, PLAINTIFF,
UNITED STATES DEPARTMENT OF JUSTICE, DEFENDANT.
The opinion of the court was delivered by: John D. Bates United States District Judge
Before the Court is  the Department of Justice's motion for summary judgment. The Electronic Frontier Foundation has indicated that it does not oppose that motion, with one exception. See Pl.'s Mem. in Supp. of Cross-Motion for Summ. J. ("Pl.'s Mem.") [Docket Entry 43], at 1. That exception is the Department's "continued withholding of Intelligence Oversight Board Case Numbers" under exemption two of the Freedom of Information Act, 5 U.S.C. § 552(b)(2). Id. The Foundation cross-moves for partial summary judgment on that issue. But the Department is not withholding Intelligence Oversight Board Case Numbers under exemption two. Indeed, in its own motion for summary judgment, the Department asserted that it was no longer withholding the Case Numbers at all, and would be releasing that information to the Foundation. See Def.'s Mem. in Supp. of Mot. for Summ. J. [Docket Entry 40], at 17 n.12.*fn1 And the Department has now done so. See Def.'s Status Report [Docket Entry 49], at 1 ("DOJ hereby reports that it has completed this review and released to plaintiff Electronic Frontier Foundation . . . [Intelligence Oversight Board] Case Numbers . . . ."). Because the Department voluntarily agreed to release the Case Numbers before the Foundation filed its cross-motion for partial summary judgment requesting the same action, there is no basis on which the grant the Foundation's cross-motion. Accordingly, it is hereby
ORDERED that the Department of Justice's motion for summary judgment is GRANTED; it is further
ORDERED that the Electronic Frontier Foundation's cross-motion for partial summary judgment is DENIED as moot; and it is further
ORDERED that this case is DISMISSED.