Mcintosh v. Holder et al

Filing 187

Order Regarding Motion for Entry of Order Involving Additional Discovery. (crblc2, COURT STAFF) (Filed on 11/12/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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RONALD J. MCINTOSH,
Plaintiff,

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No. 09-cv-00750 CRB
ORDER REGARDING MOTION FOR
ENTRY OF ORDER INVOLVING
ADDITIONAL DISCOVERY

v.
ERIC H. HOLDER JR.,
Defendant.

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McIntosh has moved for entry of an order directing the federal government to produce

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additional discovery related to his case. See Motion for Entry of Order (dkt. 178). Three

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prior discovery motions remain pending, although the Court directed the parties to address

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the concerns raised in those motions following a hearing on September 11, 2015, and the

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parties appear to have resolved many of the disputes raised in those earlier motions. See

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Motion to Compel Government Employees to Appear (dkt. 149); Motion to Compel State to

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Comply (dkt. 148); Motion to Compel Federal Government to Comply (dkt. 147).

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After reviewing the arguments raised by the parties in their papers, the Court hereby

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ORDERS that the United States Marshals Service shall furnish McIntosh with a declaration

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describing their search for documents responsive to McIntosh’s subpoena, including a level

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of detail similar to that provided by the FBI and ATF in this case. The Court further

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ORDERS that the government shall file a document under seal explaining why it should not
be required to produce discovery related to a certain undercover operation in Philadelphia,

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given that the Court could protect discovery related to that operation with a protective order

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similar to the one it entered regarding the 174 pages of FBI documents in this case. The

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Court DENIES McIntosh’s remaining requests, and further DENIES McIntosh’s three prior

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discovery orders as moot. See Motion to Compel Government Employees to Appear (dkt.

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149); Motion to Compel State to Comply (dkt. 148); Motion to Compel Federal Government

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to Comply (dkt. 147). The hearing set for November 13, 2015, is hereby VACATED.

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IT IS SO ORDERED.

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Dated: November 12, 2015
CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

United States District Court
For the Northern District of California

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