Electronic Frontier Foundation v. Department of Justice

Filing 33

ORDER Vacating Hearing and Ordering Supplemental Briefing; supplemental briefs due by 6/1/2016. Responses due by 6/15/2016. Signed by Judge Maria-Elena James on 5/16/2016. (mejlc2S, COURT STAFF) (Filed on 5/17/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 ELECTRONIC FRONTIER FOUNDATION, 7 Plaintiff, 8 v. 9 10 UNITED STATES DEPARTMENT OF JUSTICE, 11 Case No. 15-cv-03186-MEJ ORDER VACATING HEARING AND ORDERING SUPPLEMENTAL BRIEFING Re: Dkt. Nos. 19, 23 United States District Court Northern District of California Defendant. 12 The Court hereby VACATES the hearing in this matter scheduled for Thursday, May 18, 13 14 2016 in light of recently discovered case law, Hamdan v. United States Department of Justice, 797 15 F.3d 759, 777 (9th Cir. 2015). Neither of the parties addressed Hamdan’s potential impact on 16 FOIA1 Exemption 7(E) or segregability. The Court consequently ORDERS the parties to provide 17 supplemental briefing concerning how Hamdan affects the parties’ FOIA Exemption 7(E) and 18 segregability arguments. Each party may file a supplemental brief on these two issues of no more 19 than eight pages, double-spaced by June 1, 2016. The parties may file replies on these same two 20 issues by June 15, 2016. They may also provide declarations in support of their supplemental 21 briefs. IT IS SO ORDERED. 22 23 24 Dated: May 17, 2016 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 25 26 27 28 1 Freedom of Information Act, 5 U.S.C. § 552. United States District Court Northern District of California 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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