Campo v. DOJ, No. 19-00905, 2020 WL 641726 (W.D. Mo. Feb. 11, 2020) (Smith, S. D. J.)

Campo v. DOJ, No. 19-00905, 2020 WL 641726 (W.D. Mo. Feb. 11, 2020) (Smith, S. D. J.)

Re:  Request for certain emails

Disposition:  Denying without prejudice plaintiff's motion for summary judgment; granting in part and denying in part as moot plaintiff's motion for ruling on motion to stay and motion regarding procedures; granting DOJ's motion to stay

• Litigation Considerations:  The court "grants the DOJ's Motion to Stay" and finds that "[t]his matter is stayed pending the Eighth Circuit's disposition of [a related] matter [involving DOL]."  "While the Court is aware the DOL and DOJ raised different exemptions to portions of [one responsive] email when responding to FOIA requests, the Court notes the same email with the same redactions and the same claimed exemption appears in matters involving the DOL and matters involving the DOJ."  "Additionally, the DOJ represents it came into possession of the . . . emails because of its representation of the DOL in one of [the related plaintiff's] lawsuits."  "Consequently, the DOJ will have the same defenses the DOL claimed but may have additional defenses."  "[T]he Court finds the issues raised in this matter overlap the issues raised in the [related] matter."  The court relates that "[t]he [related] matter is currently on appeal with the Eighth Circuit."  "In this matter, an answer was filed but the Court has not issued its Rule 16 notice."  "The [related] matter has been fully briefed since November 2019, and the Eighth Circuit's decision should be forthcoming."  "Given the posture of both proceedings, [the court finds that] the Eighth Circuit will more expeditiously resolve the issue."  "Further, staying this matter will conserve the parties' and the judiciary's time and resources in that the same issues and arguments will not have to be relitigated while awaiting a decision from the Eighth Circuit."  Finally, the court finds that "the potential prejudice to [plaintiff] is minimal."  "To the extent [plaintiff] is prejudiced by the stay, 'the potential for "duplicative motion practice and discovery proceedings demonstrate that judicial economy and prejudice to the defendants weigh heavily in favor of [a] stay."'"