Case 2:12-cv-01605-DLR-BSB Document 136-3 Filed 05/20/15 Page 1 of 8 ATTACHMENT 01 DANIEL RIGMAIDEN'S DECLARATION UNDER PENALTY OF PERJURY IN SUPPORT OF PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT Daniel David Rigmaiden v. Federal Bureau of Investigation, et al. CV12-01605-PHX-DLR ATTACHMENT 01: Chain of emails between Daniel Rigmaiden and Defendant FBI's counsel, Brad Rosenberg, covering December 10, 2014, to December 19, 2014, RE: FOIPA Request No. 1212582. Case Document 136-3 Filed 05/20/15 Page ii?. lull Sign {Jul -1 . batte?Ittz.tll.ttet .. . . . . ?Mum. . a "um~ tl-ar': PM. I - Inns a: ?n then?teal I 'eav'w'i . at .?Re5emf [WEI-GoTolhhveTol?hhos* ?r lDeletelMessage 1 Ref: NlU-hKlanoQMj Vegden RE: Rigntaiden v, FBI (No. 12-ev?I??5} StatesRepertarsi Extensiono ffirne 511w DEIEL DUI: From: "Rosenberg Brad Save Addresses Te: "Daniel Rjgmaklen [?eedar??QSaIe-tm?he?" ??eedan?d?atewtmilnet} Mr. I wanted to provide you with one more update. In one ofyottr previous e-mails, you had indicated a desire to a ever}:r other month (in order to try to keep the eosts dewrt}. Un?tmmately, and heeause ot?the way that the FBI proeesses deeun'ents {in See?page hatehes), the FBI would have to provide two CDs every other month. se the eost would wind up being the Based on that infomtation, I assume that you wotdd opt throne CD per month rather than two CDs evethr ether month. believe that CDs are $15 eaeh_} This is the standard method by whieh the FBI FUIA requests. Also. and to be clear. the pages refers to what would he proeessed per month. Depending on redaetions er withholdings, the amber of pages released way he smaIler. Again. the FBI is preparing a letter that spells all of this out. But I wanted to get you this mammal: now, in light of our upcoming status report. Thanks?. -Btad From: Rosenberg Brad (CWT) Sent: Friday, December 19, set 4 12:52 PM To: Daniel Rigmaiden Subject: W: Rjgmakien v. FBI (Ho. IE-ev? 1-5135} -- Status ReportandEstensiomeime Case Document 136-3 Filed 05/20/15 Page 3 of 8 Mr. Rigmiden: And to a little bit regarding the ?rst CD -- Ithink the credit is for part ofthe east ofthe ?rst CD (so there is not charge ?Jr that but son?ie of the cost ofthat ?rst CD gels to the second CD. Again, this Will he explained in the El's letter. ?Brad From: Rosenberg Brad Sent: Friday. December l9, 2014 12:13 PM To: 'Daniel Rjgmaiden' Subject: RE: Rignaiden y. FBI (No. IZ-ey- I -- Status Thanks. Mr. Rigmaiden. This sounds like a workable plan. Regarding the eosts, the eon'piesity arises, among other things, from the ?aet that you may receive a credit for the ?rst CD. which e?eetwehi may n'ake it free. The FBI will charge its standard fees for CDs. The FBI's letter spelling this all out should be ready by Monday. Dnee you send me what you have, I?ll take a look. its you note. we may need to make some edits on our end. I may take you up on your olfer te call you, just to make sure we are all on the same page regarding what will he ?led {and I can send the revised document 1l'ia with the edits also pasted into the body ofthe e-inaiI}. Good leek with the mare. -Brad From: Daniel Sent: Friday, December l9, 2034 11:02 PM To: Rosenberg, Brad Subject: RE: Rigmaiden y. FBI (No. [Ewey- [605] Status Repertai?EittensionoiTime I'm still working on the status report- A eoupie things eame up regarding my move that I had to address. It ate into a hit at my time this morning. 1 will enn? you what I have once I an] ?nished. It will be after ET. You can call me on my cell phone at any time between new and Monday. I may not have my eoniputer a?er today. but I can cheek my email on my cellphone and open PDF ?les, but NUT word documents. If you want to send me an updated version or completed version ofthe statth report after I send Case Document 136-3 Filed 05/20/15 Page 4 of 8 yeu my additions. please tie it via PDF and maybe alse paste the test frern Ward inte the bedy ef the email [inst in ease I can't epen the en my phene]. Unee I get it. we ean talk ever the phene regarding any ?nal edits er, if I need to de a big edit, I'll type it ent en my phone and email it In you an yen can just paste it inte Werd. Dees this seund apelegiae the extra hassle. l?m deing my hest te get this dene while juggling a meve, having tn werk, and net having my eempnter with me. Daniel -- Driginal Message Frem: "Resenberg, Brad Te: Daniel Eistmiden emanates} Subject: RE: Rigimiden v. FBI (Ne. IE?ev- I Status RepenandEi-ttensieneITime Date: Wed, 1? Der: 2014 3* Thanks, Danie], fer yeur e?mail. I am available en Friday until aheut 1 pm 1 am alse available any time himen'ew, and any time en Menday. 1* -Brad 3* 1* Frem: Daniel Rigmaiden [mailtedi'eedameil Safe-mainet] 3? Sent: Wednesday, IT, 2014 121),? PM 3* Te: Resenherg, Brad 3* Subjeet: RE: Rigmaiden v. FBI (Ne. IE-ev? Status Repeat arKlEittensienelTins: ?e Thanks. I?m printing all efthis eat an I ean leek at it while I am witheut my I am in the et?meving right new and went he dene until the 22nd se this is geing te he a dif?cult. I may he able he use my phene te type eat what I want to add. be I still want the FBI te we already ageed en this if yen remember. l?m net willing te withdraw that pesitien. t'll pay duplicatien fees in advance. but enly as the material available. In ether wertls. I want the FBI te and previde tne interim releases en D?v?Ds as material available and I?ll pay 1hr eaeh befere it it's a er whatever ever-price the FBI is eharging these days fer serrething that eests maybe SIDES. :5 3* The FBI wanting me te pay all antieipated duplicatien ?ies in advance seems like an attempt te put up a ?naneial hurdle that may prevent me ?'em getting the deennients. I will pay her die ene at a time. There is an suppert in fer the FBI's pesitien. :5 3* As ?n rebrie?ng a?er that is still an eptien per the It'l'll'ls we disenssed previeusly and else in light efthe sample net being pages. Case Document 136-3 Filed 05/20/15 Page 5 of 8 have net read the attached decument and yet and am in a rush at the mement. l'li get back te yeu seen. On Friday, I am geing in try te get a day el?fwerk te in erder te werk en status repert using a cernputer. Are yeu geing te be available then?.l Between new and then I?ll be en "paper enly? and will have my cell phune. which I can use te check email etc. but typing lung paragraphs will be dif?cult. Ia Daniel 3. ita 21* Original Message 3* Frem: "R?SEl'lel'g. Brad i?mdl?g?enbem?imdgj?y} 1* Te: Daniel Rigmaiden {??eedantidSaie-ntadnet} 3* Subject: RE: Rigmaiden v. FBI (Ne. IZ-ev? I 6'05} -- Status Repert 21* Date: Wed, 1? Dec ZUM 16:16:22 +tlt1tit} 1* fa- Ili, lvlr. Rigmaiden: :1 a: a 3- Actually, I was abeut te send the attached dralt te yeu. There are still seme edits that we may make en cur sectiens -- in particular, regarding the questien el?revprecessing the se-called dirty wards and a prepesed schedule. That said, the attached dra? has mast nfeur thoughts regarding next steps, and should previde an adequate basis tier yeu te insert yeur pesitiens- 3* 3' As re?ected in the attached draft, the FBI believes that the re-precessing elhthe request fer the se-ealled dirty wards will eenstitute an enenneus burden and will be taililtely tn reveal additienal, meaningful in?ermatien. Te that end, we weuld ask that yen re?eensider yew' request that the engage in that re?precessing. hewever, yeu wish te have the preceed, the will take the pesitien that you will need tu pay the tetal estimated duplicatien lees asseciated with the rev in advance. The FBI is still calculating that estimate, as well as estimating the ainettnt ef time that wetlld be required fer We sheuld have that infenrtatien te yen in the next day er twa [Te that end, yeu will see seme bracketed blanks in Part ti regarding casts and tinting.) Hate else that we de net anticipate any brie?ng regarding any re?precessing ef the se?called dirty wards alter any re-precessing is dune -- let us knew ifyeu disagree {as that ceuld substantially extend any prepesed brie?ng schedule}. a a a Alse, we sheuld prebably add a signature black tier yeu {as this is ajeint status repert). 13 l'm generally areund and available the nest eeuple at days [except Friday a?erneen} if yen want te give me a call at 2?2-5l4-33T4. ra That'llit-i. 1* -Brad Case Document 136-3 Filed 05/20/15 Page 6 of 8 3: 31? 3- Message-nu 3* From: Daniel Rigrraidcn 3- Sent: Wednesday, December 2?l4 [(3:44 AM 3* :e To: Rosenberg. Brad 1* Subjeet: RE: Riglnaiden y. FBI {No lE-cy- 1 I505) -- Status Report andEatension olTiIne a 12- 1? re Are you sending me something soon? I?m not going to have much access to try computer between now and the 22nd--possibly none. 1: ?e Original Message -- 21* 3* From: "Rosenberg, Brad (CWT re :1 To: Daniel Rignaiden aifreedanliiriSate-inn net} 1* 3- Subject: RE: Rjgmaiden FBI {Ho IE-ey- EDS) -- Status Report andExtension ofI'irne 3* Te DateThank you, Mr. Rjgmaiden, ?Jllowing up on this alteri ?led the n?iotiou. I went ahead and ?led a supplement indicating that you had not previously been able to check your e-lr'ail and that you do not oppose the one-week extension. 3: I: a a Thanks again a- r; -Bmd a 2: r: :a 2a Message-"u 1* From: Daniel 3* ?e 3* SentThursday. December I I: am 953 PM ?a To: Rosenberg, Brad 3* 3? Subject: Re: Riglraiden y. FBI (Nu. llvey- lti??] Status Report and Extension otTime 3: 3-1 3-1 3? 3* 3* Sorry I couldn?t get back to you in time before you tiled. I wasn?t able to cl?ek my email yesterday and I am only new checking it today. I don't oppose the one week extension. Ifyou would like to ?le a stating as such then that is okay with me. ?a a a 3? re Daniel 31:- 3- ?e ?e -- Origami Message -- 3- ?e Front: "Rosenberg, Brad {We 3* 3* Ta:- "Daniel Rienaiden {Wrap 1* 3? Subject: Rjgmaiden an FBI (No. -I2-cy- -- Status Report and Extension ofI'ime ta ?a Date: Wed, It} Dee 3014 2! 34:56 Case Document 136-3 Filed 05/20/15 Page Hi. Mr. RigimidenFollowing?up on our eonversation last week, we are still working on a draft of a status report in the above-re?nement} ease. and for 1various reasons. that is taking a little bit longer than expected. In order to provide us with sufficient time to matter regarding the draft status roport, plan to ask the court ?nr a one-week extension oftitne to ?le a status report [so that the partiesfi status report would be due on December 22, rather than 15). plan to ?le the motion totmrrow. probably midrai?tenioon eastern time. I would prefer to ?le it as an unopposed motion. Can you let me know your position on the motion? 3e 3* 1e 3* ?Brad pee} :e Ia re Brad P. Rosenberg pee} 3? LLB. Departn'ient ofJustiee 3- 3? Civi] Division Federal Programs Braneli :3 3* ?e 3* 2t) Massachusetts Ave. NW. 3- 3- Wasbingtorr DC ?e 3- 3: Case Document 136-3 Filed 05/20/15 Page 8 of 8 Iquwiard . paiete. Message 1'