Tummino v. von Eschenbach: White House Discovery Order


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November 2006

POHORELSKY, Magistrate Judge:
Before the court are various issues concerning discovery in this action, which challenges several determinations made by the Food and Drug Administration (“FDA”)1 concerning Plan B, the so-called “morning after” pill. The plaintiffs seek an order requiring the production of various documents withheld on the basis of the deliberative process privilege, and have identified various items of discovery they wish to complete. The defendant seeks a protective order quashing all present and future discovery in this matter, and in the alternative an order prohibiting discovery from the White House. Much of the factual and procedural background for these issues has been addressed in other opinions of the court, familiarity with which is presumed. For the reasons below, the motion for a protective order is denied, and discovery shall proceed as set forth in the following rulings.