NORTH DAKOTA v. U.S., 1:12-CV-102. (2014)
Court: District Court, D. North Dakota
Number: infdco20141126f60
Visitors: 9
Filed: Nov. 25, 2014
Latest Update: Nov. 25, 2014
Summary: SUPPLEMENTAL ORDER RE PLAINTIFFS' MOTION TO COMPEL CHARLES S. MILLER, Jr., Magistrate Judge. In the table set forth below are the court's specific rulings with respect to the claims of attorney-client privilege made by the United States for the reasons expressed more generally in the Order Granting in Part and Denying in Part Plaintiff's Motion to Compel dated November 24, 2014, and filed contemporaneously herewith. The documents that the United States shall produce are those set forth in the
Summary: SUPPLEMENTAL ORDER RE PLAINTIFFS' MOTION TO COMPEL CHARLES S. MILLER, Jr., Magistrate Judge. In the table set forth below are the court's specific rulings with respect to the claims of attorney-client privilege made by the United States for the reasons expressed more generally in the Order Granting in Part and Denying in Part Plaintiff's Motion to Compel dated November 24, 2014, and filed contemporaneously herewith. The documents that the United States shall produce are those set forth in the c..
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SUPPLEMENTAL ORDER RE PLAINTIFFS' MOTION TO COMPEL
CHARLES S. MILLER, Jr., Magistrate Judge.
In the table set forth below are the court's specific rulings with respect to the claims of attorney-client privilege made by the United States for the reasons expressed more generally in the Order Granting in Part and Denying in Part Plaintiff's Motion to Compel dated November 24, 2014, and filed contemporaneously herewith. The documents that the United States shall produce are those set forth in the column entitled "Requested by Plaintiffs."
No USA Description from USA Second Amended Requested by Court's ruling
Nos. Privilege Log Plaintiffs
1 074916- Redacted portion of USA074919 contains two USA074919 Redacted notes by
074921 sets of unsigned handwritten notes regarding client employee above
communications with the Office of General the date of 11/3/80
Counsel regarding section lines. The first are not privileged
handwritten note is undated. The second because no showing
handwritten note is dated Nov. 3, 1980. that information was
communicated to
counsel. Redacted
notes under the date
of 11/3/80 that
reference OGC advice
are privileged.
Privilege, however,
has been waived since
the reference appears
to relate to 1980
opinion by OGC
attorney Wood.
Produce full copy of
document sans
redactions.
2 075171- Redacted portion consists of handwritten notes USA075171 Any privilege has
075173 that discuss the content of the Jan. 12, 1962 been waived because
Office of General Counsel opinion by Morris redacted material
Hankins, Attorney in Charge, Office of General relates to 1962
Counsel (USA075171). opinion by OGC
attorney Hankins.
Produce full copy of
documents sans
redaction.
3 076370- Redacted portion of USA076370 includes USA076370 Redaction references
076382 excerpted text from and discussion of the Jan. privileged 1962
12, 1962 Office of General Counsel opinion by opinion of OGC
Morris Hankins and 1975 consultation with the attorney Hankins, but
Office of General Counsel regarding Small v. privilege has been
Burleigh County waived. Produce full
copy of document
sans redaction.
4 076417- Redacted portions of USA076417 and USA076417, Redactions reference
076420 USA076419 discuss the Jan. 12, 1962 Office of USA076419 privileged 1962
General Counsel opinion by Morris Hankins. opinion of OGC
attorney Hankins, but
privilege has been
waived. Produce full
copy of documents
sans redaction.
5 076422 Nov. 13, 1980 memorandum by Forest USA 076422 Document references
Supervisor D.C. McIntyre to Regional Forester 1980 attorney
that discusses substance of July 3, 1980 Office privileged opinion of
of General Counsel opinion by James Woods, OGC attorney Wood,
discusses communications with the Office of but privilege has been
General Counsel, requests further review of the waived. Also, no
July 3, 1980 opinion and supplies information showing that the
regarding the potential effect of that opinion. contents of this
document were
presented to OGC
counsel in
Washington.
Document shall be
produced.
6 076452- Redacted portion of April 24, 1985 USA076453 Redaction references
076455 memorandum by C. Wolf regarding possible privileged 1980
trespass and road construction (USA076453) opinion of OGC
discusses content of the 1980 Office of General attorney Wood, but
Counsel opinions by James Woods. privilege has been
waived. Document
shall be produced sans
redaction.
7 076983- Jan. 12, 1962 opinion by Morris Hankins to the USA076983- 1962 opinion of OGC
076984 Regional Forester responding to and referencing USA076984 attorney Hankins is
Supervisor's memorandum of December 13, privileged, but
1961 requesting legal advice relating to the issue privilege has been
of alleged section line rights-of-way in North waived. Document
Dakota. shall be produced.
8 077004- Redacted portion of USA077005 discusses USA077005 Redaction references
077006 substance of the Jan. 12, 1962 Office of General privileged 1962
Counsel opinion by Morris Hankins. opinion of OGC
attorney Hankins, but
privilege has been
waived. Documents
shall be produced sans
redaction.
9 077034- Nov. 20, 1980 Memorandum from V.R. Price to USA077034- Documents are
077036 Forest Supervisor enclosing the Nov. 10, 1980 USA077036 privileged Nov. 1980
Office of General Counsel opinion by James opinion of OGC
Woods relating to section lines in North Dakota attorney Wood or
and discussing communications with the Office reference the opinion,
of General Counsel. but privilege has been
waived. Documents
shall be produced.
10 077037 Dec. 11, 1962 Memorandum from Morris USA 077037 1962 opinion of OGC
Hankins to Regional Forester responding to attorney Hankins is
communication requesting legal advice privileged, but
regarding section lines and South Dakota. privilege has been
waived. Document
shall be produced.
11 077038 Jan. 22, 1962 memorandum attaching Jan. 12, USA077038 Document references
1962 Office of General Counsel opinion and privileged 1962
discussing substance of the opinion (opinion opinion of OGC
itself is not attached to pdf). The memorandum attorney Hankins, but
references a prior memorandum to the Office of privilege has been
General Counsel requesting a legal opinion (also waived. Document
not attached). shall be produced.
12 077039- Redacted portions of USA077039-USA077042 USA077039- Documents are
077042 discusses substance of the Jan. 12, 1962 Office USA077042 privileged Nov. 1980
of General Counsel opinion by Morris Hankins opinion of OGC
and 1980 Office of General Counsel opinions by attorney Wood or
James Woods as well as subsequent reference the opinion
communications between the Forest Service and and the earlier
the Office of General Counsel. privileged opinion of
attorney Hankins, but
privilege has been
waived. Documents
shall be produced sans
redactions.
13 077047- July 8, 1980 Memorandum from V.R. Price USA077047- Documents are
077048 enclosing July 3, 1980 Office of General USA077048 privileged July 1980
Counsel opinion by James Woods. The July 8, opinion of OGC
1980 memorandum includes a handwritten note attorney Wood or
discussing substance of the Jan. 1962 Office of reference the opinion,
General Counsel opinion by Morris Hankins. but privilege has been
waived. Documents
shall be produced.
14 077050- Redacted portion of USA077050 includes two USA077050 Redacted notes by
077052 sets of unsigned handwritten notes regarding client employee are
communications with the Office of General not privileged except
Counsel regarding section lines. The first for that portion under
handwritten note is undated. The second the date 11/3/80 that
handwritten note is dated Nov. 3, 1980. reference OGC advice
which is privileged.
Privilege, however,
has been waived since
the reference is to
OGC attorney Wood
opinion. Document
shall be produced sans
redactions.
15 077056 Nov. 20, 1980 Memorandum from V.R. Price to USA077056 Document does not
Forest Supervisor enclosing the Nov. 10, 1980 contain attorney-client
Office of General Counsel opinion by James privileged
Woods relating to section lines in North Dakota information, but, even
and discussing communications with the Office if it did, the privilege
of General Counsel. Includes handwritten notes has been waived
regarding subsequent communications with the because it relates to
Office of General Counsel. Nov. 1980 opinion of
OGC attorney Wood.
Document shall be
produced.
16 077058- Redacted portions of USA 077039-USA077040 USA077058- Documents are
077063 discuss advice from the Office of General USA077063 privileged 1962
Counsel, 1962 Office of General Counsel opinion of OGC
opinion by Morris Hankins, and the 1980 Office attorney Hankins or
of General Counsel opinion by James Woods. reference the Hankins
Also redacted is a copy of the 1962 Office of opinion and the Nov.
General Counsel opinion by Morris Hankins 1980 privileged
(USA077041-USA077042). opinion of Wood, but
privilege has been
[note the referenced document numbers appear waived. Documents
to be in error and should be USA077058- shall be produced sans
USA077059 with respect to the first reference redactions.
and USA077062-USA077063 for the second]
17 077064 Dec. 31, 1980 memorandum from Tom Coston, USA077064 Document references
Regional Forester, to the Forest Supervisor for privileged opinion of
the Custer National Forest, discussing advice OGC attorneys Wood
from the Office of General Counsel. and public letter of
Hankins, but privilege
has been waived.
Document shall be
produced.
18 077065- Redacted portion of Apr. 24, 2002 letter USA077065- Documents are
077073 discusses the substance of 1962 and 1980 USA077073 privileged 1962
opinions by the Office of General Counsel. opinion of OGC
Attachments to the Apr. 24, 2002 letter that attorney Hankins or
either discuss or contain Office of General reference the opinion
Counsel advice are redacted, including: the Dec. and the 1980 opinions
31, 1980 memorandum from Tom Coston (same of OGC attorney
document as USA077064); Dec. 18, 1980 Wood, but privilege
memorandum from David Filius discussing has been waived.
1980 and 1962 opinions by the Office of Documents shall be
General Counsel; and, the Jan. 12, 1962 opinion produced sans
from the Office of General Counsel (same redactions.
document as USA076983-USA076984).
19 077074- Redacted portion of USA077074 discusses the USA077074 Redaction reflects
077076 substance of the Jan. 12, 1962 Office of General privileged advice
Counsel opinion by Morris Hankins. given by OGC
attorney Hankins in
1962, but privilege has
been waived. Produce
the document sans
redactions.
20 077078- July 8, 1980 Memorandum from V.R. Price USA077078- Documents are
077079 enclosing July 3, 1980 Office of General USA077079 privileged July 1980
Counsel opinion by James Woods. opinion of OGC
attorney Wood or
reference the opinion,
but privilege has been
waived. Produce the
documents sans
redactions.
21 077167- Redacted portion of USA077168 discusses the USA077168 Redaction reflects
077169 substance of 1962 and 1980 opinions by the privileged advice
Office of General Counsel. given by OGC
attorney Hankins in
1962, but privilege has
been waived. Produce
the document sans
redactions.
22 077170- Redacted portion discusses the substance of the USA077171 Redacted portion of
077171 1980 Office of General Counsel opinions by document reflects
James Woods. privileged advice
given by OGC
attorney Wood in July
1980, but privilege has
been waived. Produce
the document sans
redactions.
IT IS SO ORDERED.
Source: Leagle
