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

Filing 476

ORDER RE: PLAINTIFFS MOTION TO COMPEL (Dkt. No. 467). Signed by Magistrate Judge Jacqueline Scott Corley (ahm, COURT STAFF) (Filed on 7/31/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

Northern District of California

United States District Court

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VIETNAM VETERANS OF AMERICA,
et al.,

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ORDER RE: PLAINTIFFS’ MOTION
TO COMPEL (Dkt. No. 467)

Plaintiffs,

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Case No.: 09-cv-0037 CW (JSC)

v.
CENTRAL INTELLIGENCE AGENCY,
et al.,
Defendants.

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Now pending before the Court is Plaintiffs’ Motion to Compel Discovery from
Defendant Department of Veterans Affairs (“DVA”). (Dkt. No. 467). The Court finds this
matter suitable for disposition without a hearing and hereby vacates the August 23, 2012
hearing pursuant to Civil Local Rule 7-1(b). Having considered the parties’ filings and
having reviewed the documents at issue in camera, the Court DENIES the motion.

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The Court has discussed the deliberative process privilege in numerous prior orders

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and incorporates the discussion and analysis of the privilege from these prior orders by

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reference. (Dkt. Nos. 294, 327, 408, 423, 430, 436, 443, 469). Having reviewed the eight

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documents submitted for in camera review, the Court sustains the claim of deliberative

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process privilege with respect to each of the disputed documents listed on Defendant’s June

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28, 2012 privilege log. The Court finds that these documents are deliberative and that

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Plaintiffs have not demonstrated a sufficient substantial need to overcome the privilege.

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Plaintiffs’ Motion to Compel is therefore DENIED.

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United States District Court
Northern District of California

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This Order disposes of Docket No. 467.
IT IS SO ORDERED.
Dated: July 31, 2012

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_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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