DOJ

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

THE CENTER FOR INVESTIGATIVE No. 18-17356

REPORTING,

Plaintiff-Appellant, D.C. No. 3:17-cv-06557- v. JSC

UNITED STATES DEPARTMENT OF ORDER AND

JUSTICE, OPINION

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of California Jacqueline Scott Corley, Magistrate Judge, Presiding

Argued and Submitted March 6, 2020 San Francisco, California

Filed September 23, 2021

Before: Kim McLane Wardlaw, Milan D. Smith, Jr., and Patrick J. Bumatay, Circuit Judges.

Order; Opinion by Judge Wardlaw; Dissent by Judge Bumatay SUMMARY *

Freedom of Information Act

The panel filed (1) an order denying a petition for rehearing, denying on behalf of the court a petition for rehearing en banc, and withdrawing the opinion and dissent filed December 3, 2020; and (2) an amended opinion reversing the district court’s summary judgment, and remanding for further factual development, in an action brought by the Center for Investigative Reporting (“CIR”) under the Freedom…