Plantiff's Motion to Compel Production of Documents - The DADT ...

Case 2:04-cv-08425-VAP-E Document 130 Filed 03/19/10 Page 14 of 83 Page ID #:796
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submitted with the Government's supplemental papers in
connection with this motion the documents that have not been
withheld have been apparently Bates stamped and identified. We
haven't seen them. We don't know what they are.
THE COURT: Aren't they talking there only about the
documents withheld under claim of deliberative process
privilege?
MR. WOODS: I think that's right, but I believe,
your Honor, the Government's position is that is all that has
been withheld in those categories, that would be the first two
categories of the motion, so that the Burlington factors
wouldn't support the Government's position as to the
deliberative process documents.
Similarly, we have the last three requests in
Category Four are just about some of the internal documents
that the Government has identified, to itself at least, already
as privileged that it is now withholding. Again I don't think
that there is anything like the kind of Burlington problem
here.
THE COURT: When you say Category Four, you're
talking about Requests Number 38, 39, and 40?
MR. WOODS: Correct. In other words, the Government
knows what it has in those categories.
THE COURT: I'm not sure at all, given your
interpretation of the scope of, for example, Request 39, which
EXCEPTIONAL REPORTING SERVICES, INC
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