San Luis & Delta-Mendota Water Authority et al v. Salazar et al

Filing 363

ORDER Re: Federal Defendants' Privilege Log Submission Concerning Attorney-Client Privilege and Sealing Order, signed by Judge Oliver W. Wanger on 10/22/2009. (Sondheim, M)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Court has reviewed in camera the documents to which attorney-client privilege is claimed by Federal Defendants. Document 6 contains a portion of privileged communications in which an attorney participated and/or was copied. portions are privileged and shall be redacted. 1 Those DELTA SMELT CONSOLIDATED CASES ) ________________________________ ) ) SAN LUIS & DELTA-MENDOTA WATER ) AUTHORITY, et al. v. SALAZAR, et ) al. ) ________________________________ ) ) STATE WATER CONTRACTORS v. ) SALAZAR, et al. ) ________________________________ ) ) COALITION FOR A SUSTAINABLE ) DELTA, et al. v. UNITED STATES ) FISH AND WILDLIFE SERVICE, et ) al. ) ________________________________ ) ) METROPOLITAN WATER DISTRICT v. ) UNITED STATES FISH AND WILDLIFE ) SERVICE, et al. ) ________________________________ ) ) STEWART & JASPER ORCHARDS, et ) al. v. UNITED STATES FISH AND ) WILDLIFE SERVICE. ) ) 1:09-cv-0407 OWW DLB ORDER RE: FEDERAL DEFENDANTS' PRIVILEGE LOG SUBMISSION CONCERNING ATTORNEY-CLIENT PRIVILEGE AND SEALING ORDER UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document 8 is privileged as it reports a Federal Defendant attorney's analysis for FWS of issues concerning legal filings and preparation of the Biological Opinion and RPAs. Document 10 is privileged as it includes attorney-client communications and agency response to completion of remedial actions. These documents shall be maintained under seal pending further order of the Court or review by any higher court. IT IS SO ORDERED. Dated: October 22, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 2

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