United States of America v. Booz Allen Hamilton Inc. et al, No. 1:2022cv01603 - Document 138 (D. Md. 2022)

Court Description: MEMORANDUM AND ORDER granting in part, denying in part, and reserving in part 111 Defendants' Motion to Compel. Signed by Judge Catherine C. Blake on 8/31/2022. (ols, Deputy Clerk)

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United States of America v. Booz Allen Hamilton Inc. et al Doc. 138 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND UNITED STATES OF AMERICA, V. Civil Action No. CCB-22-1603 BOOZ ALLEN HAMILTON INC. et al. MEMORANDUM and ORDER Now pending is a motion by Booz Allen Hamilton, Inc. and EverWatch (collectively, the "defendants") to compel the Government to produce "Investigation Materials" withheld based.on the Government's assertion of attorney-client privilege, the deliberative process privilege, and the work-product doctrine.(ECF 111.) The motion is fiilly briefed, and the court heard oral argument on the motion on August 30, 2022. The court entered a Stipulated Protective Order which required the parties to produce all non-privileged "Investigation Materials" by July 22, 2022.(ECF 71, at ^ 44.)' The Government produced some qualifying documents but withheld over 200 others, claiming—initially—^that the documents were protected by attorney-client privilege.(ECF 112-1, July 27 Privilege Log, at 219.) Only two weeks later, however, the Government provided a new privilege log. The new log invokes the deliberative process privilege over many of the documents once claimed to be protected by attorney-client privilege. (ECF 111-1, August 9 Privilege Log, at 21-31.) The ''"Investigation Material' means documents, testimony, or other materials that, prior to the filing of this Action,(a) any non-Party provided to any Party, either voluntarily or under compulsory process, in connection with the Investigation; (b) any Party provided to any non-Party relating to the Investigation; (c) the Department of Justice provided to any federal governmental agency relating to the Investigation; (d) any federal governmental agency provided to the Department of Justice relating to the Investigation; or(e)any Defendant, or affiliated person or entity, provided to the Plaintiff relating to the Investigation."(ECF 71, at 17.) Dockets.Justia.com

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