The American Civil Liberties Union of North California et al v. Federal Bureau of Investigation

Filing 74

ORDER DIRECTING THE GOVERNMENT TO PRODUCE TABLE AND RE: TELEPHONIC FURTHER STATUS CONFERENCE SET FOR NOVEMBER 3, 2011. Signed by Judge Laurel Beeler on 10/27/2011. (lblc2, COURT STAFF) (Filed on 10/27/2011)

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UNITED STATES DISTRICT COURT

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Northern District of California

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Oakland Division

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For the Northern District of California

UNITED STATES DISTRICT COURT

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THE AMERICAN CIVIL LIBERTIES
UNION OF NORTHERN CALIFORNIA, et
al.,

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Plaintiffs,

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v.

No. C 10-03759 LB
ORDER DIRECTING THE
GOVERNMENT TO PRODUCE
TABLE AND RE: TELEPHONIC
FURTHER STATUS CONFERENCE
SET FOR NOVEMBER 3, 2011

FEDERAL BUREAU OF INVESTIGATION,
et al.,

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Defendants.
_____________________________________/
On April 13, 2011, the parties entered into a stipulation for processing Plaintiffs’ FOIA request

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within eight months (absent a further order of the court). Stipulation and Order, ECF No. 56.1 As of

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September 8, 2011, the FBI identified 30,000 additional documents. By joint status update

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statement submitted on October 4, 2011, the parties advised the court that they had been unable to

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agree on a production schedule. Joint Status Update Statement, ECF No. 72 at 2. More specifically,

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the FBI says that it cannot prioritize the documents without causing further delays, and at least as of

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September 30, 2011, said it needs until December 2012 to process the additional documents.

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The government is directed to produce a table documenting its productions to date (including the
number of pages produced and the dates of production) and setting forth its proposal for rolling

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Citations are to the Electronic Case File (“ECF”) with pin cites to the electronic page
number at the top of the document, not the pages at the bottom.
C 10-03759 LB

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disclosures, keeping in mind that the table should reflect the currently-operative timeline that results

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in disclosure of all previously-identified documents by December 2011. The chart need not provide

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elaborate detail but should be a snapshot of the disclosures to date and contain the FBI’s best

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proposal for a timeline for producing the rest.

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The chart should be provided to the court and Plaintiffs by Tuesday, November 1, 2011, by 5:00

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p.m Eastern Time. It may be e-filed or e-mailed to the court’s proposed orders inbox at

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[e-mail]. The parties are encouraged to meet and confer by telephone on

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Wednesday, November 2, 2011, to make the scheduled telephone call on Thursday, November 3,

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2011, more productive.

also remains in effect. There is a new call-in number and password that will be emailed separately

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For the Northern District of California

The time of the call remains 11:00 a.m., and the court’s previous order about who should attend

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UNITED STATES DISTRICT COURT

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to the email addresses contained on page one of the parties’ joint status update statement filed on

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October 4, 2011. To the extent that there are other participants that the court has ordered to

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participate on the call (as outlined in the October 14, 2011 clerk’s notice (ECF No.73)), counsel

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shall notify them of the call-in information. If there is any other information that would be helpful,

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the parties may supplement their previously-filed joint status update statement or submit separate,

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informal communications either by filing them or sending them to the court’s proposed orders inbox.

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IT IS SO ORDERED.
Dated: October 27, 2011
_______________________________
LAUREL BEELER
United States Magistrate Judge

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C 10-03759 LB

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