EFTA01202344Set 9
2014-08-2134p10,281w
requires the public disclosure of information in permit applications. Id. at 17, 22. The
D.C. Circuit rejected that theory because Section 9 did not "directly entitle" the plaintiff ... educational officials.
Id. at 1157 (quoting 20 U.S.C. § 6571(b)(3)(B)). The D.C. Circuit soundly rejected the
organizational plaintiffs' claim of procedural standing, explaining that, although the statute
mentions ... jurisdictional issue warranting dismissal under Rule 12(b)(1), based on a line of D.C. Circuit
precedent explicitly so holding. See Defs.' Br. 20 (citing Baltimore Gas & Elec
https://www.justice.gov/epstein/files/DataSet%209/EFTA01202344.pdf
EFTA00085098Set 9
2019-03-0618p7,254w
concurrence and partial
Amendment."12 In light of this strong First dissent in the D.C. Circuit ... [and] is thus
Amendment presumption, "continued not the considered decision of either this
sealing ... documents may be justified court or the D.C. Circuit."17 In fact, we have
only with specific, on-the-record findings expressly rejected the proposition that
that sealing is necessary
https://www.justice.gov/epstein/files/DataSet%209/EFTA00085098.pdf
EFTA01107917Set 9
2009-10-1618p5,322w
Jury Subpoena, Dated April
18, 2003, 383 F.3d 905, 910 (9th Cir. 2004).
The D.C. Circuit has recently refused to extend the act of production doctrine to
facts very similar ... would somehow fall within the act of production doctrine of the Fifth
Amendment, the D.C. Circuit explained that "the government must have known of the
existence of documents . . . because
https://www.justice.gov/epstein/files/DataSet%209/EFTA01107917.pdf
EFTA01073755Set 9
2009-10-1618p5,332w
Jury Subpoena, Dated April
18, 2003, 383 F.3d 905, 910 (9th Cir. 2004).
The D.C. Circuit has recently refused to extend the act of production doctrine to
facts very similar ... would somehow fall within the act of production doctrine of the Fifth
Amendment, the D.C. Circuit explained that "the government must have known of the
existence of documents . . . because
https://www.justice.gov/epstein/files/DataSet%209/EFTA01073755.pdf
EFTA00725373Set 9
10p2,619w
Subpoena, Dated April 18, 2003, 383 F.3d 905, 910 (9th Cir. 2004).
10. The D.C. Circuit has recently refused to extend the act of
production doctrine to facts very similar ... would
somehow fall within the act of production doctrine of the Fifth Amendment, the
D.C. Circuit explained that "the government must have known of the existence of
documents . . . because
https://www.justice.gov/epstein/files/DataSet%209/EFTA00725373.pdf
that determination, and on October 21. 2014, the
US Court of Appeals for the D.C. Circuit granted our appeal, reversed the USCIS denial, and remanded the representative L-1B petition ... remand to the district caul and render a new
decision in accordance with the D.C. Circuit's decision. but to date there has been no final resolution of the representative
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365830.pdf
EFTA00207722Set 9
2010-03-2929p9,495w
Eleventh Circuit is in agreement
with the Second, Third, Eighth, Ninth, and D.C. Circuits. See U.S. v. Futrell 209 F.3d
1286, 1289-90 (11i° Cir. 2000).
18
EFTA00207741
must order
https://www.justice.gov/epstein/files/DataSet%209/EFTA00207722.pdf
EFTA00213246Set 9
2010-03-2929p9,525w
Eleventh Circuit is in agreement
with the Second, Third, Eighth, Ninth, and D.C. Circuits. See U.S. v. Futrell 209 F.3d
1286, 1289-90 (11i° Cir. 2000).
18
EFTA00213265
must order
https://www.justice.gov/epstein/files/DataSet%209/EFTA00213246.pdf
EFTA01099901Set 9
2006-07-2631p10,619w
Eleventh Circuit is in agreement with the Second, Third, Eighth,
Ninth, and D.C. Circuits. See U.S. v. Futrell, 209 F.3d 1286, 1289-90 (11' Cir. 2000).
EFTA01099914
Jane
https://www.justice.gov/epstein/files/DataSet%209/EFTA01099901.pdf