Friends of the River et al v. U.S. Army Corps of Engineers et al

Filing 82

ORDER signed by Magistrate Judge Allison Claire on 9/11/2013 ORDERING that the defendants produce, by 10/31/2013, a final, complete Administrative Record on a single hard drive, including documents not being withheld as privileged, and a privilege log. (Michel, G)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FRIENDS OF THE RIVER, ET AL., 12 13 14 15 Plaintiffs, v. ORDER U.S. ARMY CORPS OF ENGINEERS, ET AL., Defendants. 16 17 No. 2:11-cv-1650 JAM AC On September 11, 2013, the court held a hearing on the parties’ dispute regarding the 18 production of the administrative record (“AR”) in this case. Lisa Belenky appeared for plaintiff 19 Center for Biological Diversity, Jason Rylander appeared for plaintiff Defenders of Wildlife, and 20 Robert Wright appeared for plaintiff Friends of the River. John Martin and Devon McCune 21 appeared for defendants. 22 23 24 On review of the parties’ joint statement regarding discovery and upon hearing the discussion of counsel, IT IS HEREBY ORDERED that: 1. Defendants shall produce no later than October 31, 2013 a final, complete AR on a 25 single hard drive, including documents not being withheld as privileged, and a 26 privilege log. This production shall reflect defendants’ proposal as submitted in the 27 joint statement regarding discovery and at the September 11, 2013 hearing on this 28 matter. As a part of this production, the defendants shall: 1 1 a. Employ Optical Character Recognition (“OCR”) for each document and 2 produce the resulting OCR text within each PDF file; 3 b. Reproduce certain documents that the Corps considers to be relevant to the 4 decision-making process at issue here as an addendum to the record, organized 5 by categories responsive to plaintiff’s proposed “folders” as set forth in the 6 joint statement (ECF No. 78) at page 24; 7 c. Reorganize the index so that all files with dates appear chronologically, except 8 that “child” documents will be listed with their “parent” document regardless 9 of the date the “child” was created, making it easier to locate attachments to 10 emails; 11 d. Direct the Corps’ contractor to correct certain errors that have been identified 12 in the index and ensure that all files intended to be produced natively are in 13 fact included in the record. 14 15 16 2. Modification to the October 31, 2013 deadline shall be made only for extraordinary circumstances. DATED: September 11, 2013 17 18 19 20 21 22 /mb;frie1650.disc 23 24 25 26 27 28 2

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