Vietnam Veterans of America et al v. Central Intelligence Agency et al

Filing 456

ORDER RE: MOTION TO COMPEL DISCOVERY FROM DEFENDANT DEPARTMENT OF VETERANS AFFAIRS (Dkt. No. 447). Signed by Magistrate Judge Jacqueline Scott Corley on 6/22/2012. (ahm, COURT STAFF) (Filed on 6/22/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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VIETNAM VETERANS OF AMERICA,

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et al.,
Plaintiffs,

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Case No.: 09-cv-0037 CW (JSC)
ORDER RE: MOTION TO COMPEL
DISCOVERY FROM DEFENDANT
DEPARTMENT OF VETERANS
AFFAIRS (Dkt. No. 447)

v.

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CENTRAL INTELLIGENCE AGENCY,

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et al.,

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Defendants.

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On June 14, 2012, Plaintiffs filed a Motion to Compel Discovery from Defendant

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Department of Veterans Affairs (“DVA”). Plaintiffs seek an order: 1) compelling Defendant

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to produce those documents over which DVA has asserted the deliberative process privilege

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in its June 13, 2012 privilege log, and 2) requiring Defendant to reimburse Plaintiffs for their

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out-of-pocket costs involved in resuming the depositions of Joe Salvatore and Dave Abbot.

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Defendant’s opposition to the motion is due June 28, 2012 and is limited to 10 pages.

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On this same date, Defendant DVA shall simultaneously submit those documents over which

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it claims deliberative process privilege to the Court for in camera review and file a

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declaration formally invoking the privilege. Plaintiffs reply is due July 5, 2012 and is

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limited to 7 pages. The Court will advise the parties as to whether oral argument is required

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after submission of the reply brief.

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At the hearing on June 21, 2012, the Court considered a related issue regarding the

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deposition of Dave Abbot. Defendants are ordered to make Mr. Abbot available for a further

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deposition of no more than 3.5 hours. The deposition is limited in scope to those documents

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produced after Mr. Abbot’s prior deposition. The Court encourages the parties to work

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together to find a date and time for the deposition that is convenient to Mr. Abbot.

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Defendants’ Motion to Strike the Motion to Compel (Dkt. No. 449) is DENIED.
Defendants’ alternative request to set a briefing schedule is GRANTED as set forth above.
IT IS SO ORDERED.

United States District Court
Northern District of California

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Dated: June 22, 2012

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_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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