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Hiken v. Dep't of Defense

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


October 30, 2007

MARGUERITE HIKEN PLAINTIFF(S),
v.
DEPARTMENT OF DEFENSE DEFENDANT(S).

The opinion of the court was delivered by: Marilyn Hall Patel Judge United States District Court Northern District of California

ORDER

Re: Motion to Strike Defendants' Supplemental Motion for Summary Judgment For the Northern District of California

Defendants' first motion for summary judgment, upon which the court has already ruled, concerned documents classified by the Department of Defense ("DoD"). Five documents that were 15 referred by the DoD to the Department of State were not before the court when it ruled on the first motion because the Department of State had not yet completed its processing of the documents.

Defendants have now filed a separate motion for summary judgment because the Department of State has completed its processing and has determined that the five documents should be withheld. Defendants' supplemental motion does not relitigate issues already ruled upon by the court.

Accordingly, plaintiffs' motion to strike is DENIED. Plaintiffs shall have until November 16, 2007 to file an opposition to defendants' supplemental motion, and defendants shall have until November 23, 2007 to reply. The hearing on the supplemental motion is rescheduled for December 10, 2007 at 2:00 pm. 24 25

20071030

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