Free Proposed Order - District Court of California - California

Case 3:07-cv-04771-EDL

Document 74

Filed 11/20/2007

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ROBERT L. FALK (SBN 142007) ROBIN S. STAFFORD (SBN 200950) SARAH SCHINDLER (SBN 236414) MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 Email: [email protected] Email: [email protected] Email: [email protected] JOEL R. REYNOLDS (SBN 85276) CARA A. HOROWITZ (SBN 220701) NATURAL RESOURCES DEFENSE COUNCIL, INC. 1314 Second Street Santa Monica, CA 90401 Telephone: (310) 434-2300 Facsimile: (310) 434-2399 Attorneys for Plaintiffs NATURAL RESOURCES DEFENSE COUNCIL, INC.; INTERNATIONAL FUND FOR ANIMAL WELFARE; THE HUMANE SOCIETY OF THE UNITED STATES; CETACEAN SOCIETY INTERNATIONAL; LEAGUE FOR COASTAL PROTECTION; OCEAN FUTURES SOCIETY; JEAN-MICHEL COUSTEAU UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA NATURAL RESOURCES DEFENSE COUNCIL, INC.; INTERNATIONAL FUND FOR ANIMAL WELFARE; THE HUMANE SOCIETY OF THE UNITED STATES; CETACEAN SOCIETY INTERNATIONAL; LEAGUE FOR COASTAL PROTECTION; OCEAN FUTURES SOCIETY; JEAN-MICHEL COUSTEAU Plaintiffs, v. CARLOS M. GUTIERREZ, SECRETARY OF THE UNITED STATES DEPARTMENT OF COMMERCE; NATIONAL MARINE FISHERIES SERVICE; WILLIAM HOGARTH, ASSISTANT ADMINISTRATOR FOR FISHERIES OF THE NATIONAL OCEANOGRAPHIC AND ATMOSPHERIC ADMINISTRATION; VICE ADMIRAL CONRAD C. LAUTENBACHER, JR., ADMINISTRATOR OF THE NATIONAL OCEANOGRAPHIC AND ATMOSPHERIC ADMINISTRATION; UNITED STATES DEPARTMENT OF THE NAVY; DONALD C. WINTER, SECRETARY OF THE UNITED STATES DEPARTMENT OF THE NAVY; ADMIRAL MIKE MULLEN, CHIEF OF NAVAL OPERATIONS Defendants. Civil Action No. CV-07-4771-EDL [PROPOSED] ORDER GRANTING DEFENDANTS' MOTION FOR LEAVE TO SUBMIT CLASSIFIED DECLARATION FOR EX PARTE AND IN CAMERA REVIEW

Judge: Hon. Elizabeth Laporte Ctrm: E Hearing Date: December 11, 2007 Time: 9 a.m.

[PROPOSED] ORDER GRANTING MOTION RE: CLASSIFIED DECLARATION Case No. C 07-4771-EDL

Case 3:07-cv-04771-EDL

Document 74

Filed 11/20/2007

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Upon consideration of Defendants' Motion for Leave to Submit Classified Declaration for Ex Parte and In Camera Review, filed on November 6, 2007, it is hereby ORDERED that Defendants' Motion is GRANTED; and it is further ORDERED that the proposed classified declarations shall be handled in accordance with the procedures set forth in 28 C.F.R. § 17; and it is further ORDERED that Defendants shall deposit the classified declarations with the Department of Justice Regional Security Office, located at 450 Golden Gate Ave., San Francisco, CA on the 9th floor, where it shall be stored in an appropriate secured facility. Upon request, an individual with the Department of Justice's Security Office and with an appropriate security clearance shall hand-carry the classified declarations to the Court, remain present during the Court's ex parte and in camera review, and return the classified declarations to the secured safe at the conclusion of the Court's review; and it is further ORDERED that Defendants shall submit an unclassified version of any classified documents, with the classified information redacted, for filing with the clerk's office, and they shall serve Plaintiffs' counsel with a copy of the redacted version. SO ORDERED.

Dated: _______________, 2007.

By: Honorable Elizabeth D. Laporte United States Magistrate Judge

[PROPOSED] ORDER GRANTING MOTION RE: CLASSIFIED DECLARATION Case No. C 07-4771-EDL 1