Center for Environmental Health et al v. Perdue et al

Filing 88

Discovery Order re 83 Notice. Parties to meet and confer re: deliberative process privilege briefing. Signed by Judge Thomas S. Hixson on 8/20/2019. (cdnS, COURT STAFF) (Filed on 8/20/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CENTER FOR ENVIRONMENTAL
HEALTH, et al.,
Plaintiffs,

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v.

DISCOVERY ORDER
Re: Dkt. No. 83

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Case No. 18-cv-01763-RS (TSH)

SONNY PERDUE, et al.,
Defendants.

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The Court held a telephonic hearing today concerning the process for resolving Plaintiffs’

United States District Court
Northern District of California

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challenges to Defendants’ assertion of the deliberative process privilege as to certain documents

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on their privilege log. The parties advised that Defendants’ log currently has 1,239 entries, but

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there is still some deduplication to do. Plaintiffs anticipate they will challenge most of the

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assertions of deliberative process privilege. The Court and the parties discussed using letter briefs

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to address a sample set of documents. The Court ORDERS as follows:

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1. The parties shall meet and confer and inform the Court when they want to file the letter

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briefs, what the briefing schedule should be, and how many documents should be in the sample.

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Plaintiffs shall file a moving letter brief (not to exceed 5 pages), Defendants shall file an opposing

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letter brief (not to exceed 5 pages), and Plaintiffs may file a reply letter brief (not to exceed 2.5

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pages). The Court anticipates that the letter briefs should address 10-20 documents but leaves the

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precise number up to the parties.

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2. No later than August 27, 2019, the parties shall file either a stipulation or competing
proposals as to the subjects mentioned in the first sentence of the preceding paragraph.
IT IS SO ORDERED.

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Dated: August 20, 2019

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THOMAS S. HIXSON
United States Magistrate Judge