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Reposted
Judge Xinis also denies the government's invocation of various privileges, saying the DOJ has "stubbornly refuse[d] to provide any basis" for that.
She rejects DOJ's offer of new negotiations, saying the DOJ has lost the presumption of good faith due to "repeated refusals to meet and confer."
She rejects DOJ's offer of new negotiations, saying the DOJ has lost the presumption of good faith due to "repeated refusals to meet and confer."
![To that end, the proponents of the privilege must produce a privilege log that specifically identifies each document or communication and the type of privilege being asserted. See Fed. R. Civ. P. 26(b)(5); see also D. Md. Loc. R. App. A, Guideline 10. And yet, Defendants and counsel stubbornly refuse to provide any basis for the same. Given that this Court expressly warned Defendants and their counsel to adhere strictly to their discovery obligations, see Hr’g Tr. 11:24–12:2, Apr. 16, 2025 (“Because in fairness, Mr. Ensign, [if] you’re not going to answer the questions that the plaintiffs put within the scope of my order, then you’ll justify why. You’ll cite privilege, you’ll follow the rules, I’ll make a determination.”), their boilerplate, non-particularized objections are presumptively invalid and reflect a willful refusal to comply with this Court’s Discovery Order and governing rules. ECF No. 79. Although Defendants state now that they are willing to “meet and confer” with counsel about the production of such a log, ECF No. 98-1 at 23, their repeated refusals to meet and confer about much of anything else undermine the reliability of this assertion. ECF No. 98 at 2. The Court thus finds this offer was not made in good faith.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:2vtbmhmrwzbqcfv4we4uxzzt/bafkreihxxw4uao5r3z3ss2j7x5sp3fhz2273s57domuilhtntjxgkkad7a@jpeg)
April 22, 2025 at 9:56 PM
Judge Xinis also denies the government's invocation of various privileges, saying the DOJ has "stubbornly refuse[d] to provide any basis" for that.
She rejects DOJ's offer of new negotiations, saying the DOJ has lost the presumption of good faith due to "repeated refusals to meet and confer."
She rejects DOJ's offer of new negotiations, saying the DOJ has lost the presumption of good faith due to "repeated refusals to meet and confer."