In a lawsuit that the government is not a party to. (Citizen vs citizen.) Served the city with a judge-signed subpoena for a third party request for unredacted production of records (judge signed because I'm not an attorney, so I can't sign a subpoena). City refused to produce unredacted records, claiming a FOIA exemption for personal information. I did NOT file a FOIA request. I filed a discovery subpoena. Cannot find any case law addressing if the FOIA exemptions can be used in response to a discovery subpoena. Whats your reaction or personal experience? (Note judges just sign discovery subpoenas - there is no hearing where the judge actually decides the issue.) I'm filing a motion to compel, and looking for your thoughts on how it may go.In case it matters, the documents requested are to obtain the names and addresses of likely witnesses in this case. I have no other way of finding them other than these documents. Please assume the documents requested are: very pertinent to the case; would clearly be discoverable if in the possession of a person or company; and the redaction is just the names and addresses - nothing like social security numbers, etc.
If your request was not made pursuant to a FOIA request, they shouldn't be using FOIA exemptions as a basis for non-compliance. However, in cases where a government agency refused civil discovery and was later served with a FOIA request, the courts have held that the FOIA exemptions apply to the sought after documents. In other words, the government could redact or not provide the docs pursuant to FOIA exemptions. I know this doesn't directly answer your question.
Would the agency enter into a confidentiality agreement wherein they provide you the names, but you agree not to name anyone in a pleading without further consent?
I'm not your attorney. By offering "answers" on Avvo, I am doing nothing more than providing an opinion for informational or educational purposes only.
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