A hearing on the Department of Justice's
Motion to Compel Compliance with Subpeona Duces Tecum has been set for
Febuary 27 before
U.S. District Court Judge James Ware in
United States District Court for the Northern District of California in San Jose. The
Declaration of Joel McElvain, Trial Attorney for Department of Justice, provides additional background details including the original DOJ letter request and subpoena
duces tecum to Google seeking materials relevant to its defense in the ACLU vs. Gonzales matter, responsive letter by Google's counsel and Protective Order entered by the Court in the ACLU vs. Gonzales matter. Also, the
Declaration of Philip B. Stark, Ph.D. filed in support of the Motion to Compel Compliance with Subpoena
Duces Tecum is interesting to provide a context and background of the reasons the DOJ is seeking the search engine information in connection with the ACLU vs. Gonzales matter.
According to the
Yahoo news article, Judge Ware also set a February 6 date for Google to file its response in opposition to the Department of Justice's motion to compel and a February 13 date for the DOJ to file its reply to whatever Google has to say.
Interesting reading for those of us who have filed motions to quash subpoenas or defended motions to compel involving requests for the production of private and confidential information, especially those situations where the subpeonas are issued to non-party participants in the underlying litigation.
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