Ibrahim v. Department of Homeland et al

Filing 440

*** FILED IN ERROR. SEE Dkt No. # 441 *** ORDER CHANGING SCHEDULE re 437 Order on Discovery Letter Brief,, Order on Administrative Motion to File Under Seal, Order on Motion for Miscellaneous Relief,,,,, Set/Reset Deadlines as to 437 Order on Discovery Letter Brief,, Order on Administrative Motion to File Under Seal, Order on Motion for Miscellaneous Relief,,,, 425 MOTION to Compel FURTHER RESPONSES TO WRITTEN DISCOVERY AND TO COMPEL RULE 30(b)(6) DEPOSITIONS. Motion Hearing set for 4/18/2013 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup.. Signed by Judge Alsup on March 20, 2013.. (whalc1, COURT STAFF) (Filed on 3/20/2013) Modified on 3/20/2013 (whalc1, COURT STAFF).

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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 15 No. C 06-00545 WHA v. ORDER CHANGING SCHEDULE DEPARTMENT OF HOMELAND SECURITY, et al., Defendants. / 16 17 A prior order (Dkt. No. 437) modified the briefing schedule on the parties’ discovery 18 disputes. Based on the Court’s preliminary review of the government’s ex parte, in camera 19 submissions, that order will be further modified to the extent below. 20 The government has lodged a set of materials with its opposition to plaintiff’s motion to 21 compel that pertain to its assertion of privileges over classified documents. Not all of the 22 documents and others materials in that submission are themselves classified. The government 23 shall serve the non-classified portions, including all paragraphs marked with a “U,” on plaintiff’s 24 counsel by MARCH 21 AT NOON. The government may serve these documents on an attorney’s 25 eyes only basis under the operative protective order and shall file them under seal with the Court. 26 Plaintiff shall respond to the government’s arguments regarding the classified documents 27 in a brief not to exceed 10 pages by MARCH 28 AT NOON. The government may then file a final 28 reply submission on these issues in a brief not to exceed 5 pages by APRIL 4 AT NOON. 1 Any non-classified portions of the parties’ submissions shall be filed under seal; 2 classified portions of the government’s reply submission may be lodged with the Court for ex 3 parte, in camera review. The Court appoints Mr. W. Scooter Slade, U.S. Department of Justice, 4 Security and Emergency Planning Staff, Litigation Security Group, as its security officer for the 5 purposes of protecting and safeguarding classified national security information (pursuant to 6 Executive Order 13526) submitted to the Court in this case. All classified information lodged by 7 the government shall be done so under seal through the security officer or his designee, and need 8 not be accompanied by a separate motion to seal. The date and time of physical submission to 9 the security officer or his designee shall be considered the date and time of filing. At the time of physical submission to the security officer or his designee, the government shall file in the 11 For the Northern District of California United States District Court 10 CM/ECF system a notice of lodging/filing, which will serve to notify the Court. The security 12 officer shall maintain a separate sealed record for those submissions containing classified 13 materials, and retain such record for purposes of later proceedings or appeal. Filing deadlines 14 shall be computed based on the Court’s time zone. 15 Among other issues, the parties’ briefs should address: (1) the scope of the government’s 16 formal assertion of privileges regarding the classified submissions, including whether the 17 government may affirmatively rely on such materials in addition to shielding them from 18 disclosure; (2) whether letters sent to or from plaintiff herself can properly be withheld as 19 classified and/or privileged documents. 20 The prior briefing schedule on the non-classified documents remains unchanged. The 21 hearing on all issues related to the motion to compel shall be RESCHEDULED to APRIL 18 AT 22 8:00 A.M. 23 24 25 IT IS SO ORDERED. 26 27 Dated: March 20, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 28 2

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