Davis v. Barnhart et al
Filing
329
ORDER re (325 in 3:06-cv-06108-EMC) (235 in 3:09-cv-00980-EMC) Statement re Disputed Privilege Log Entry. Signed by Judge Nathanael M. Cousins on 03/19/12. (nclc2, COURT STAFF) (Filed on 3/19/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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TERRENCE DAVIS,
Case No. 06-cv-06108 EMC (NC)
Plaintiff,
v.
ORDER RE: DISPUTED
PRIVILEGE LOG ENTRY NO. 4
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MICHAEL J. ASTRUE, Commissioner
of the Social Security Administration,
Re: Dkt. No. 325
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Defendant.
_____________________________________
Related Case: No. 09-cv-00980 EMC
(NC)
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JOHN DOE,
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Plainitff,
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v.
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MICHAEL J. ASTRUE, Commissioner
of the Social Security Administration,
Defendant.
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At issue is defendant SSA’s disputed privilege log entry No. 4, an e-mail chain
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between SSA Commissioner Michael Astrue and third party Marty Ford. SSA asserts
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that it previously produced the above-referenced e-mail (bates stamped SSA-55673-
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55674) and document attachments in its possession, custody, and control, with one
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exception. The only document SSA withholds is entitled “SSA’s response 10-13-2009,”
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a document attachment to the e-mail in dispute. SSA asserts this document attachment
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contains personally identifiable information and other information protected by the
Case No. 06-cv-06108 EMC (NC)
ORDER RE: PRIVILEGE LOG
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Privacy Act of 1974, 5 U.S.C. § 552a. See Dkt. No. 325. SSA further alleges that
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plaintiffs are already in possession of this document attachment, as they included it as an
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exhibit to their partial motion for summary judgment. Mtn. Part. Summ. Judg., Exh.
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WW, Dkt. No. 158.
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The Court orders that plaintiffs may file an opposition, if any, to defendant’s
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statement regarding disputed privilege log entry No. 4 on or before Wednesday, March
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21, 2012.
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IT IS SO ORDERED.
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DATED: March 19, 2012
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___________________________
NATHANAEL M. COUSINS
United States Magistrate Judge
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Case No. 06-cv-06108 EMC (NC)
ORDER RE: PRIVILEGE LOG
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