Electronic Frontier Foundation v. Department of Justice

Filing 31

REQUEST for Clarification; Joint Response due by 5/11/2016. Signed by Judge Maria-Elena James on 5/3/2016. (mejlc2S, COURT STAFF) (Filed on 5/3/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ELECTRONIC FRONTIER
FOUNDATION,
Plaintiff,

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Case No. 15-cv-03186-MEJ
REQUEST FOR CLARIFICATION
Re: Dkt. Nos. 19, 23

v.
UNITED STATES DEPARTMENT OF
JUSTICE,
Defendant.

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In reviewing the parties’ Summary Judgment Motions and supporting materials, the Court

United States District Court
Northern District of California

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has discovered an inconsistency with respect to the numbering of a certain withheld document and

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seeks clarification from the parties as to whether this is a mere typographical error or an issue that

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requires further briefing. Specifically, while Plaintiff, the Electronic Frontier Foundation (“EFF”),

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appears to be challenging the Government’s decision to withhold Document 27, the Government’s

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supporting materials all refer to Document 28. See Pl.’s Mot. for Summ. J. at 7, Dkt. No. 23

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(listing Document 27 in chart summarizing documents withheld under Exemption 5); Pl.’s

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Opp’n/Reply at 4-5, Dkt. No. 30 (referring to document number 27); Def.’s Mot. for Summ. J. at

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11, Dkt. No. 19 (referring to Document 28); Myrick Decl. ¶¶ 36, 42, Dkt. No. 21 (also referring to

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Document 28); Def.’s Opp’n/Reply at 6, Dkt. No. 25 (referring to Document 28). The

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Government withheld both documents according to the Vaughn Index. Exs. to Myrick Decl.,

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Exhibit O (Vaughn Index) at 83-91, Dkt. No. 22.

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The Court thus ORDERS the parties to meet and confer and submit a joint statement by

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May 11, 2016 as to whether Document 27 or Document 28 is at issue. If this discrepancy is more

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than a typographical error, the parties should also address whether they require further briefing.

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IT IS SO ORDERED.
Dated: May 3, 2016
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MARIA-ELENA JAMES
United States Magistrate Judge