Ibrahim v. Department of Homeland et al

Filing 450

ORDER REGARDING IN CAMERA SUBMISSIONS OF WITHHELD DOCUMENTS re 425 MOTION to Compel FURTHER RESPONSES TO WRITTEN DISCOVERY AND TO COMPEL RULE 30(b)(6) DEPOSITIONS filed by Rahinah Ibrahim. Signed by Judge Alsup on March 28, 2013.. (whalc1, COURT STAFF) (Filed on 3/28/2013)

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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 REGARDING IN CAMERA SUBMISSIONS OF WITHHELD DOCUMENTS DEPARTMENT OF HOMELAND SECURITY, et al., Defendants. 15 / 16 17 Plaintiff has filed a motion to compel the government to produce documents it has 18 refused to produce on the basis of various asserted privileges. The government shall lodge 19 copies of the following documents with the Court for in camera review by APRIL 2 AT NOON: 20 • NCTC001–13 from the NCTC Privilege Log 21 • Documents 1–2, 4–36 from the Amended Department of State Privilege Log 22 • Documents 3, 10, 13–14, 33–34, 36, and 54 from the FBI/TSC First Amended Privilege Log 23 • Documents 55–68 from the FBI/TSC LES Privilege Log 24 • 25 The documents identified by the following descriptions on the FBI 2009 Privilege Log: 26 # Electronic communication – to provide background and direction regarding the Terrorist Screening Center's proposed Concept of Operations # Electronic communication – operational role of counter-terrorism watch # Electronic communication – startup of the TSC 27 28 1 # Report: Terrorist Related Screening Procedures Strategy Report 2 # Eight (8) letters to various persons requesting additional time to complete a report # Letter w/ attached report to Congress 3 4 The documents should be Bates-stamped and lodged with the Court in a digital, word5 searchable format on discs, drives, or similar storage medium. The government shall lodge two 6 copies of each disc or drive. 7 In addition to lodging the documents at issue, the government should file under seal any 8 further declarations it believes are necessary to support the privileges asserted over those 9 documents, as well as sworn declarations certifying that the government has made a diligent 10 were found. If additional responsive documents have been found, the government shall produce For the Northern District of California United States District Court search for documents responsive to plaintiff’s requests and that no other responsive documents 11 12 such documents to plaintiff; or, as necessary, log any such documents withheld on the basis of a 13 privilege and explain in sworn declaration why the government did not timely update its 14 privilege logs. All such declarations shall likewise be served on plaintiff’s counsel subject to the 15 operative protective order. 16 17 IT IS SO ORDERED. 18 19 Dated: March 28, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2

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