The American Civil Liberties Union of North California et al v. Federal Bureau of Investigation
Filing
135
ORDER REGARDING CASE MANAGEMENT REPORT. Signed by Judge Richard Seeborg on 5/15/15. (cl, COURT STAFF) (Filed on 5/15/2015)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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THE AMERICAN CIVIL LIBERTIES
UNION OF NORTH CALIFORNIA, et al.,
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Case No. 10-cv-03759-RS
Plaintiffs,
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ORDER REGARDING CASE
MANAGEMENT REPORT
v.
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FEDERAL BUREAU OF
INVESTIGATION,
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United States District Court
Northern District of California
Defendant.
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Pursuant to the case management report jointly filed by plaintiffs the American Civil
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Liberties Union of Northern California, the Asian Law Caucus, and the San Francisco Bay
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Guardian, together with defendant the Federal Bureau of Investigation (“FBI”), the FBI shall not
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be afforded a further opportunity to justify invocation of Exemption 7 with regard to the
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documents currently withheld under that exemption. As noted in the Court’s prior order, the FBI
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has failed at every juncture to demonstrate Exemption 7’s threshold requirement—that materials
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withheld and/or redacted under its subsections relate to a particular law enforcement purpose. A
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supplemental Vaughn index would not, therefore, serve to clarify Exemption 7’s applicability.
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Nor may the FBI now recast the material which it claimed exempt from disclosure under
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Exemption 7 as appropriately withheld under a different exemption.1
Regarding material withheld pursuant to Exemptions 2 and/or 5, the parties shall submit
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briefing as to the applicability of these exemptions and/or the adequacy of the FBI’s justifications
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for invoking them. The FBI shall file an opening brief of no more than twenty pages on or before
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This does not, however, apply to material for which the FBI has invoked both Exemption 7 and
another exemption.
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June 26, 2015. Plaintiffs may file an opposition of no more than twenty-five pages within
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fourteen days thereafter. The FBI may then file a reply of not more than five pages within seven
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days after that. The Court shall, thereafter, determine whether to set a hearing on these questions.
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For the purpose of efficiency, the issues surrounding Exemptions 2 and 5 shall be decided prior to
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consideration of a process for disclosing any materials deemed improperly withheld or redacted.
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IT IS SO ORDERED.
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United States District Court
Northern District of California
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Dated: May 15, 2015
______________________________________
RICHARD SEEBORG
United States District Judge
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ORDER REGARDING CASE MANAGEMENT REPORT
CASE NO. 10-cv-03759-RS
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