Ibrahim v. Department of Homeland et al

Filing 409

ORDER ON DEFENDANTS' REQUEST FOR CLARIFICATION re 408 Notice (Other), filed by Tom Ridge, National Counterterrorism Center, Eric H. Holder, Jr., Department of State, Janet Napolitano, Hilary Clinton, Federal Bureau of Investigation, Michael E. Leiter, Michael Chertoff, Department of Homeland Security, Terrorist Screening Center, Leonard C. Boyle, Robert Mueller, Donna A. Bucella, 407 Order,, (whalc1, COURT STAFF) (Filed on 2/13/2013)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 RAHINAH IBRAHIM, 11 For the Northern District of California United States District Court 10 Plaintiff, 12 13 14 No. C 06-00545 WHA v. ORDER ON DEFENDANTS’ REQUEST FOR CLARIFICATION DEPARTMENT OF HOMELAND SECURITY, et al., Defendants. 15 / 16 17 Defendants assert in their request for clarification (Dkt. No. 408) that they should not be 18 required to produce a privilege log identifying classified documents because doing so would 19 reveal classified information. Defendants further assert that they cannot even “reveal the volume 20 of classified documents responsive to plaintiff’s discovery requests without revealing classified 21 information.” The sole decision cited by defendants is not on point. Both sides are therefore 22 ORDERED to submit additional briefing by 5:00 P.M. ON FEBRUARY 14 identifying the 23 regulations, statutes, and or case law that support or contradict these propositions. 24 25 Defendants’ request for a status conference for the purpose of narrowing discovery is DENIED. 26 Defendants have been on notice of the pending discovery requests for several months, 27 and for some requests, years. Defendants’ opportunity to move for a protective order has long 28 since passed. The request for a modification of the briefing schedule is DENIED. Defendants 1 may lodge their objections to plaintiff’s 30(b)(6) deposition notices in their opposition due on 2 March 14. 3 4 IT IS SO ORDERED. 5 6 Dated: February 13, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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