Ibrahim v. Department of Homeland et al

Filing 278

ORDER DENYING NON-PARTIES' SECOND ADMINISTRATIVE MOTION TO FILE UNDER SEAL AN EX PARTE, IN CAMERA CLASSIFIED DECLARATION IN SUPPORT OF THE ASSERTION OF LAW ENFORCEMENT PRIVILEGE [re 277 MOTION to Seal Document 265 Notice (Other), Notice (Oth er), 263 Order Non-Parties' Administrative Motion to File Under Seal An Ex Parte, In Camera Classified Declaration in Support of the Assertion of the Law Enforcement Privilege MOTION to Seal Document 265 Notice (Other), Notice (Other), 263 Order Non-Parties' Administrative Motion to File Under Seal An Ex Parte, In Camera Classified Declaration in Support of the Assertion of the Law Enforcement Privilege filed by Department of Homeland Security, Terrorist Screening Center, Federal Bureau of Investigation]. Signed by Judge William Alsup on 12/2/2009. (whasec, COURT STAFF) (Filed on 12/2/2009)

1 2 3 4 5 6 7 8 9 10 v. DEPARTMENT OF HOMELAND SECURITY, et al., Defendants. / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA RAHINAH IBRAHIM, Plaintiff, ORDER DENYING NON-PARTIES' SECOND ADMINISTRATIVE MOTION TO FILE UNDER SEAL AN EX PARTE, IN CAMERA CLASSIFIED DECLARATION IN SUPPORT OF THE ASSERTION OF LAW ENFORCEMENT PRIVILEGE No. C 06-00545 WHA

United States District Court

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For the Northern District of California

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This action challenges the placement of plaintiff's name on the "no-fly list." A series of discovery motions have created a mess. An order dated November 19, 2009, attempted "to simplify a thicket of competing discovery motions," and restated a deadline, already set by a prior order: "Any privilege concerns as to all pending motions must be asserted, along will all supporting bases thereof, by FRIDAY, NOVEMBER 20, 2009 AT NOON" (Dkt. No. 263 at 1, 11). Former federal defendants timely asserted, inter alia, the law enforcement privilege and two supporting declarations thereof. But they now seek to file another declaration in support of the same privilege almost two weeks after the expiration of the November 20 deadline. No excuse as to the delayed filing is provided. The November 19 order was clear. The administrative motion to file under seal an ex parte, in camera classified declaration in support of the assertion of the law enforcement privilege is hereby DENIED. IT IS SO ORDERED. Dated: December 2, 2009.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE