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Seth Rosenfeld v. Federal Bureau of Investigation and United

UNITED STATES DISTRICT COURT Northern District of California


July 2, 2012

SETH ROSENFELD,
PLAINTIFF,
v.
FEDERAL BUREAU OF INVESTIGATION AND UNITED STATES DEPARTMENT OF JUSTICE,
DEFENDANTS

The opinion of the court was delivered by: Maria-Elena James Chief United States Magistrate Judge

ORDER RE CROSS MOTIONS FOR SUMMARY JUDGMENT (DKT. NOS. 14 AND 20)

The Court has conducted an in camera review of the classified declarations submitted by 10 Defendant. The Court finds that Defendant cannot rely on the exemption outlined in 5 U.S.C. § 11 552(c)(2) for this matter.*fn1 Pursuant to this finding, Defendant is ordered to supplement its production 12 to Plaintiff. Considering that this supplementation will likely affect the issues that were raised by the COURT OURT 13 parties' cross motions for summary judgment, these motions are VACATED. The parties are ordered to meet and confer and submit a joint case management statement by July 13, 2012 that proposes how 15 the remaining issues in this matter should be resolved. The parties' joint statement should specifically propose deadlines for any supplemental production of documents, a schedule for 17 dispositive motions if they are necessary, the prospects of settlement or engaging in further ADR to narrow the issues in dispute, and any other matters that may facilitate the just, speedy, and 19 inexpensive disposition of this matter.


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