PLAINTIFFS’ PUBLIC, REDACTED MOTION TO REMOVE THE “PROTECTED INFORMATION” DESIGNATION FROM DEFENDANT’S MARCH 20 PRIVILEGE LOG
Plaintiffs Fairholme Funds, Inc., et al. (“Plaintiffs” or “Fairholme”) respectfully move, pursuant to Paragraphs 17 and 19 of the Protective Order (“P.O.”) entered in this action (Doc. 73), for entry of an order requiring the Government to remove the “Protected Information” desig- nation it has affixed to its fourth privilege log, which was produced to Plaintiffs on March 20, 2015 (the “March 20 Log”). Because the March 20 Log contains no information that meets the Protective Order’s definition of Protected Information, the Government’s designation of the log as protected was inappropriate.
In seeking this relief, Plaintiffs ask that this Court treat the Government’s March 20 Log in the same way that the Government itself treated the first three privilege logs that it served in this case. The Government did not designate its first three privilege logs for protection. Nor could it have done so; those logs contained no proprietary, confidential, trade secret, or market- sensitive information. Although the March 20 Log is no different, the Government nevertheless chose to designate it as Protected Information. Notably, the Government has not even attempted to explain why the March 20 Log qualifies as Protected Information; nor has it attempted to ex- plain how that log differs from its earlier, unprotected, logs. As far as Plaintiffs can tell from their own comparison of the logs, the March 20 Log appears to differ from the first three logs only in that the Government has now elected, on its own initiative, to include the government email addresses of the senders and recipients of several catalogued documents. The unrequested addition of such email addresses does not suffice to render the March 20 Log as Protected Infor- mation, but even if it did, those email addresses could easily be redacted from the log.
