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EFTA01081295

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Case 9:08-cv-80736-KAM Document 229 Entered on FLSD Docket 09/03/2013 Page 1 of 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-80736-CIV-MARRA JANE DOE #1 and JANE DOE #2, Petitioners, vs. UNITED STATES OF AMERICA, Respondent. RESPONDENT'S OPPOSITION TO PETITIONERS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS THAT ARE NOT PRIVILEGED Respondent, by and through its undersigned counsel, files its Opposition to Petitioners' Motion to Compel Production of Documents That Are Not Privileged (D.E. 225), and state: I. THE GOVERNMENT HAS ASSERTED VALID PRIVILEGES TO DISCLOSURE OF THE REQUESTED DOCUMENTS The government has provided adequate privilege logs which inform petitioners and the Court of the privilege being asserted, as well as the nature of the documents, in accordance with Fed.R.Civ.P. 26(b)(5)(A)(ii). Petitioners argue that the privilege log is inadequate, and that lais a result of the Government's failures, it is impossible to even begin to determine which of the Government's assertions of privilege are valid." D.E. 225 at 1. Petitioners' complaints about the privilege log are baseless "[b]ecause the adequacy of privilege log entries depends on whether the other parties will be able to assess the validity of the privilege claim, the entries should be evaluated not in a vacuum, but in light of information that the parties can be presumed to possess." In it Methyl Tertiary Butyl Ether Products Liability Litigation, 898 F.Supp.2d 584, 590 (S.D.N.Y. 2012)(footnote omitted). Petitioners object to EFTA01081295

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