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Breaking News - Judge Scheindlin Withdraws Orders re Metadata Production in FOIA litigation

Created: 22 Jun 2011 • Updated: 22 Jun 2011
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Judge Scheindlin has withdrawn her landmark opinions ordering the federal government to produce several categories of metadata in response to a FOIA request.  See National Day Laborer Organizing Network v. United States Immigration and Customs Enforcement Agency (S.D.N.Y. June 17, 2011).  Judge Scheindlin issued her order in connection with the parties' resolution of "their dispute regarding the form and format in which records will be produced by defendants in this Freedom of Information Act lawsuit."

The court reasoned as follows:

"In the interests of justice, this Court now believes that it would be prudent to withdraw the opinion it issued on February 7,2011 (Docket # 41). I do so because, as subsequent submissions have shown, that decision was not based on a full and developed record."

Significantly, the court indicated that her withdrawn opinions should have no precedential value:  "By withdrawing the decision, it is the intent of this Court that the decision shall have no precedential value in this lawsuit or in any other lawsuit.  The Court also withdraws its Supplemental Order dated February 14, 2011 (Docket # 50)."