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Pickard v. DOJ, No. 06-00185, 2017 WL 1196721 (N.D. Cal. Mar. 31, 2017) (Breyer, J.)

Date

Pickard v. DOJ, No. 06-00185, 2017 WL 1196721 (N.D. Cal. Mar. 31, 2017) (Breyer, J.)

Re: Request for records concerning confidential informant involved in plaintiff's criminal trial

 

Disposition: Denying plaintiff's motion for reconsideration of grant of defendant's motion for de novo determination of dispositive matter referred to Magistrate Judge

  • Litigation Considerations: The court denies plaintiff's motion for reconsideration and finds that "[plaintiff] chose to file a motion for partial summary judgment on the three issues upon which he believed he was most likely to prevail." "[Plaintiff] cannot have reasonably expected that the remaining issues would form the basis of a FOIA trial." "Nor does [plaintiff] point to anything the Court said that could be construed as inviting, much less allowing, the filing of one partial summary judgment motion after another, each on a different subset of materials." "Thus, while [plaintiff] might not have explicitly or even intentionally withdrawn his request for the remaining materials, the Court continues to conclude that [plaintiff] withdrew his request when he pursued the litigation strategy that he did."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Supplemental to Main Categories
Updated December 15, 2021