Rosenfeld v. Federal Bureau of Investigation et al

Filing 27

ORDER DENYING PLAINTIFF'S REQUEST TO RECONSIDER ORDER re 26 Response ( Non Motion ), filed by Seth Rosenfeld. Signed by Judge Maria-Elena James on 1/3/2012. (cdnS, COURT STAFF) (Filed on 1/3/2012)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 Northern District of California 6 7 SETH ROSENFELD, Plaintiff, 8 v. 9 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 No. C 11-2131 MEJ FEDERAL BUREAU OF INVESTIGATION AND UNITED STATES DEPARTMENT OF JUSTICE, ORDER RE: PLAINTIFF’S RESPONSE TO ORDER GRANTING LEAVE TO FILE UNDER SEAL AND IN CAMERA Defendants. _____________________________________/ 13 14 On December 30, 2011, the Court granted Defendants’ Motion for Leave to Present Classified 15 Declaration In Camera and Under Seal. Dkt. Nos. 24, 25. Plaintiff has now filed an opposition in 16 response. Dkt. No. 26. Plaintiff first argues that the Court’s Order was premature because 17 Defendants specified in their Motion that Plaintiff’s response was not due until January 5, 2012. 18 However, it is Civil Local Rule 7-11(b) which sets forth the opposition filing deadline. Rule 7-11(b) 19 states that any opposition “must be filed no later than 4 days after the motion has been filed.” Thus, 20 as Defendants filed their motion on December 22, 2011, the Court’s December 30, 2011 Order was 21 not premature. As to Plaintiff’s remaining arguments, the Court finds that an in camera review will 22 not affect Plaintiff’s ability to obtain the documents, and in fact might help him, should the Court 23 make such a determination. Accordingly, Plaintiff’s request for the Court to reconsider its Order is 24 denied. 25 IT IS SO ORDERED. 26 27 Dated: January 3, 2012 28 _______________________________ Maria-Elena James Chief United States Magistrate Judge

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