McAleenan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 JANE DOE 1, et al., Case No. 18-cv-02349-BLF (VKD)

Plaintiffs,

ORDER RE FEBRUARY 18, 2020

v. DISCOVERY DISPUTE

CHAD F. WOLF, et al., Re: Dkt. No. 280 Defendants.

13 The parties dispute whether defendants may claw back from their document production a document (DEF-13914–DEF-13918) that includes a term defendants say is subject to the law enforcement privilege. Dkt. No. 280. Defendants argue that their disclosure of the unredacted document was inadvertent and that the Court has already decided that the law enforcement privilege applies because the document at issue is identical to document DEF-1934–DEF-1938, one of the documents considered in the Court’s September 6, 2019 order (see Dkt. No. 223). Id. at 3–5. Plaintiffs argue that defendants waived the privilege by producing the document without redacting the disputed term or claiming privilege for it, and by permitting the…