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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRIENDS OF THE RIVER, ET AL.,

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Plaintiffs,
v.

ORDER

U.S. ARMY CORPS OF ENGINEERS, ET
AL.,
Defendants.

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No. 2:11-cv-1650 JAM AC

On September 11, 2013, the court held a hearing on the parties’ dispute regarding the

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production of the administrative record (“AR”) in this case. Lisa Belenky appeared for plaintiff

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Center for Biological Diversity, Jason Rylander appeared for plaintiff Defenders of Wildlife, and

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Robert Wright appeared for plaintiff Friends of the River. John Martin and Devon McCune

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appeared for defendants.

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On review of the parties’ joint statement regarding discovery and upon hearing the
discussion of counsel, IT IS HEREBY ORDERED that:
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Defendants shall produce no later than October 31, 2013 a final, complete AR on a

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single hard drive, including documents not being withheld as privileged, and a

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privilege log. This production shall reflect defendants’ proposal as submitted in the

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joint statement regarding discovery and at the September 11, 2013 hearing on this

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matter. As a part of this production, the defendants shall:
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a. Employ Optical Character Recognition (“OCR”) for each document and

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produce the resulting OCR text within each PDF file;

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b. Reproduce certain documents that the Corps considers to be relevant to the

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decision-making process at issue here as an addendum to the record, organized

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by categories responsive to plaintiff’s proposed “folders” as set forth in the

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joint statement (ECF No. 78) at page 24;

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c. Reorganize the index so that all files with dates appear chronologically, except

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that “child” documents will be listed with their “parent” document regardless

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of the date the “child” was created, making it easier to locate attachments to

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emails;

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d. Direct the Corps’ contractor to correct certain errors that have been identified

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in the index and ensure that all files intended to be produced natively are in

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fact included in the record.

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2. Modification to the October 31, 2013 deadline shall be made only for extraordinary
circumstances.
DATED: September 11, 2013

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/mb;frie1650.disc

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