Title: Settlement Agreement

Document Date: 2015-07-23

Text: Case 1:12-cv-00127-BJR Document 46-1 Filed 07/23/15 Page 1 of 4

SETTLEMENT AGREEMENT AND RELEASE

Plaintiff the Electronic Privacy Information Center (“Plaintiff’) and defendants the U.S.
Department of Justice, National Security Division (“NSD”); Federal Bureau of Investigation
(“FBI”); and U.S. Department of Justice, Criminal Division (“CRM”) (collectively,
“Defendants”), by and through their undersigned counsel, hereby enter this Settlement
Agreement (“Agreement”) regarding the civil action, Electronic Privacy Information Center v.
U.S. Department of Justice, Criminal Division, et al., 12-cv-127 (D.D.C.) (BJR) (the “Action”),
which relates/related to Freedom of Information Act requests submitted by Plaintiff to each of
the Defendants in June 2011 (collectively, the “FOIA Requests”) that sought four categories of
documents:

(A) All records regarding any individuals targeted for surveillance
for support for or interest in WikiLeaks;

(B) All records regarding lists of names of individuals who have
demonstrated support for or interest in WikiLeaks;

(C) All records of any agency communications with Internet and
social media companies including, but not limited to Facebook and
Google, regarding lists of individuals who have demonstrated,
through advocacy or other means, support for or interest in
WikiLeaks; and

(D) All records of any agency communications with financial
services companies including, but not limited to Visa, MasterCard,
and PayPal, regarding lists of individuals who have demonstrated,
through monetary donations or other means, support or interest in
WikiLeaks.

1. Voluntary Dismissal of the Action. Within three business-days of the Execution
Date of this Agreement, the parties will file a joint stipulation to voluntarily dismiss this Action
with prejudice pursuant to Federal Rule of Civil Procedure 41(a). The voluntary dismissal shall
be in substantially the same form as the voluntary dismissal attached hereto as Attachment A.

2. No Assignment of Rights and Interests. Plaintiff represents and warrants that it
is the sole and lawful owner of ail rights, titles, and interests in all claims and matters which it
purports to release herein, and that it has not heretofore assigned or transferred, attempted to
assign or transfer, or purported to assign or transfer any claim or matter released herein. This
Agreement is not intended to create, and does not create, any third-party beneficiary rights or any
other kind of right or privilege for any person, group, or entity.

3. Payment. Within thirty (30) days of the Execution Date of this Agreement, NSD
shall pay Plaintiff Seven-Thousand-Five-Hundred dollars ($7500.00). This payment shall serve
as NSD’s consideration for this agreement. In addition and for further consideration, NSD
agrees not to seek from or against Plaintiff costs associated with this Action.

SETTLEMENT AGREEMENT - PAGE I of 3

Initialed by for Plaintiff ami U&^for Defendants

Case 1:12-cv-00127-BJR Document 46-1 Filed 07/23/15 Page 2 of 4

4. Consideration by FBI and CRM. As consideration for this agreement, FBI and
CRM each agree not to seek from or against Plaintiff costs associated with this Action.

5. Release and Discharge. Plaintiff hereby releases and forever discharges
Defendants from any and all claims, whether presently known or unknown, that have been or
could have been brought or raised regarding the FOIA Requests in this litigation or
administrative proceedings regarding the FOIA Requests so that this Agreement is in full and
complete satisfaction for any claim that Plaintiff brought or could have brought in this Action
regarding either (a) the FOIA Requests, or (b) attorney fees, costs, and/or litigation expenses.

6. No Admission of Liability. Defendants deny liability as to each of the claims
that were raised, or that could have been raised, regarding the FOIA Request or attorney fees,
costs, and/or litigation expenses. This Agreement does not constitute, and may not be construed
as, a determination or admission that (a) Defendants are liable in any capacity for claims that
were raised or that could have been raised in this litigation regarding the FOIA Requests or in
administrative proceedings regarding the FOIA Requests; (b) Plaintiff is a prevailing party or
that Plaintiff substantially prevailed in any aspect of this litigation, (c) Defendants lacked
substantial justification for any position taken in this litigation or in administrative proceedings
related to this litigation. Except in an action alleging a breach of the terms of this Agreement, no
warranty, representation, term, or provision of this Agreement may be offered or received in
evidence or referred to in any civil, criminal, or administrative action against the Defendants or
against any federal agency. This Agreement should not be construed as evidence or an
admission of Plaintiffs entitlement to attorney fees and costs.

7. Rule of Construction. This Agreement shall be considered a jointly drafted
agreement and shall not be construed against either Plaintiff or Defendants as the drafter.

8. Integration. This Agreement and its Exhibits constitute the entire agreement and
understanding between the Plaintiff and Defendants regarding this litigation and administrative
proceedings related to this litigation. Any statement, representation, remark, agreement, or
understanding, in oral or written form, that is not contained in this Agreement shall not be
enforced, recognized, or used to interpret this Agreement or its Exhibits.

9. Execution in Counterparts. This Agreement may be executed and delivered in
counterparts. Each counterpart, when executed, shall be considered one and the same
instrument, which shall comprise the Agreement, which takes effect on the Execution Date (the
final date that all counterparts are signed and executed).

For Plaintiff:

■M__________________________

c Roten»erg (DC Bar # 422825)

Julia Horwitz (DC Bar # 1018561)
ELECTRONIC PRIVACY
INFORMATION CENTER
1718 Connecticut Avenue, N.W., Suite 200

?M/aoi5

Date

SETTLEMENT AGREEMENT - PAGE 2 of 3

Initialed by for Plaintiff and Defendants

Case 1:12-cv-00127-BJR Document 46-1 Filed 07/23/15 Page 3 of 4

Washington, D.C. 20009
(202) 483-1140 (telephone)
(202) 483-1248 (facsimile)

For Defendants;

—JUfjs_______________________ ___ BENJAMIN C. MIZER

Date Principal Deputy Assistant Attorney General

JOHN R, GRIFFITHS
Director, Federal Programs Branch

ELIZABETH J. SHAPIRO
Deputy Branch Director

Trial Attorney

Civil Division, Federal Programs Branch

U.S, Department of Justice

20 Massachusetts Avenue, N.W., 7th Floor

Washington, D.C. 20530

Phone; (202) 514-3336; Fax: (202) 616-8470

Email: lisa.marcus@usdoj.gov

Counsel for Defendants

SETTLEMENT AGREEMENT - PAGE 3 of 3

Initialed by for Plaintiff and for Defendants

Case 1:12-cv-00127-BJR Document 46-1 Filed 07/23/15 Page 4 of 4

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

ELECTRONIC PRIVACY
INFORMATION CENTER,

Plaintiff,

U.S. DEPARTMENT OF JUSTICE
CRIMINAL DIVISION, el al„

Defendants.

)

)

)

)

)

)

) Civil Action No. 12-cv-00127 (BJR)

)

)

)

)

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STIPULATION OF DISMISSAL WITH PREJUDICE

Pursuant to Federal Rule of Civil Procedure 41(a)(l)(A)(ii), Plaintiff the Electronic Privacy
Information Center and Defendants the U.S. Department of Justice, National Security Division;
the Federal Bureau oflnvestigation; and the U.S. Department of Justice, Criminal Division
hereby stipulate to the dismissal of this action with prejudice.

Date:

1 b
Mai c Rote nl /erg (DC Bar # 422825)

Julia Horwitz (DC Bar # 1018561)
ELECTRONIC PRIVACY
INFORMATION CENTER
1718 Connecticut Avenue, N.W., Suite 200

Washington, D.C. 20009
(202) 483-1140 (telephone)
(202)483-1248 (facsimile)

Counsel for Plaintiff

Respectfully submitted:

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

ELIZABETH J. SHAPIRO
Deputy Branch Director

LISA ZEIDNER MARCUS
Trial Attorney

Civil Division, Federal Programs Branch

U.S. Department of Justice

20 Massachusetts Avenue, N.W., 7th Floor

Washington, D.C. 20530

Phone: (202) 514-3336; Fax: (202) 616-8470

Email: lisa.marcus@usdoj.gov

Counsel for Defendants

SETTLEMENT AGREEMENT - ATTACHMENT A

Initialed by for Plaintiff and V^Mfor Defendants

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