On May 22, 2009, Judge Walker issued an order to show cause why the government should not be sanctioned for failing to provide to plaintiffs' attorneys (those who qualify for TS/SCI clearances) information pertinent to the action, or agreeing to terms in a proposed protective order (and failing to offer a protective order of its own for consideration). The sanctions would prohibit the government from contesting its alleged liability.
On May 29,2009, the government filed its response arguing that it has not engaged in sanctionable conduct.
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