United States District Court, D. Delaware
November 17, 2014
UNITED STATES OF AMERICA, Petitioner,
VEOLIA ENVIRONNEMENT NORTH AMERICA OPERATIONS, INC., Respondent.
LEONARD P. STARK, District Judge.
At Wilmington, this 17th day of November, 2014:
WHEREAS, the parties' having submitted letters (D.I. 33, 34) to the Court requesting clarification of the Court's Memorandum Opinion ("Opinion") and Order (D.I. 31, 32) issued on October 31, 2014;
WHEREAS, the Court recognizes that there is a potential inconsistency between the Opinion, which did not expressly discuss whether Privilege Log No. 196 pages 1-4 were protected, and the Order, which indicated these same pages must be produced;
WHEREAS, the Court recognizes a further potential inconsistency between the Opinion, which indicated that Log No. 196 page 5 needed to be produced, and the Order, which did not expressly address this page of the document;
WHEREAS, the Court has reviewed again Privilege Log No. 196 and determined that it is largely a copy of Log No. 195, which is protected, and finds no basis to distinguish between 195 and 196, or to treat the different pages of 196 differently from one another;
IT IS THEREFORE HEREBY ORDERED that the Order accompanying the October 31 Opinion is hereby AMENDED to the following extent:
Petitioner's Motion to Enforce (D.I. 1) is DENIED with respect to Privilege Log No. 196.
In all other respects, the Order previously entered (D.I. 32) is unaffected by today's Order.