Center for Biological Diversity v. Office of Management and Budget

Filing 103

AMENDMENT TO REPORT AND RECOMMENDATION re 102 REPORT AND RECOMMENDATIONS. Signed by Magistrate Judge Bernard Zimmerman on 9/9/2009. (bzsec, COURT STAFF) (Filed on 9/9/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. OFFICE OF MANAGEMENT AND BUDGET, Defendant(s). UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

CENTER FOR BIOLOGICAL DIVERSITY, Plaintiff(s),

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No. C07-4997 MHP (BZ) AMENDMENT TO REPORT AND RECOMMENDATION

The following sections of the Court's Report and Recommendation, filed on August 25, 2009, are AMENDED to read as follows: Document 837, 838: This email chain, dated 4/2/04, is between Hannegan and Silverberg. In these emails, Hannegan responds to Document 798 and offers his thoughts and opinions about CAFE rulemaking in relation to gas prices. The Court

reviewed the documents in camera and recommends that they be found exempt from disclosure because they are pre-decisional and deliberative and contain no reasonably segregable factual information. Document 631: This email chain, dated 01/11/06, is among 1

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Hannegan, Katz, Graham, and Sharp.

The emails concern an

effort to collect current information on CAFE proposals for a memorandum. The Court reviewed the document in camera and

recommends that the document be found exempt from disclosure because it is pre-decisional and deliberative and contains no reasonably segregable factual information and because the document contains information conveyed to the President or his immediate advisors at the President's request.

Dated: September 9, 2009

Bernard Zimmerman United States Magistrate Judge
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