Case 1:16-mc-02210-APM Document 13 Filed 02/21/17 Page 1 of 2

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
_________________________________________
)
)
)
IN RE: ANTHEM, INC. DATA BREACH
)
Case No. 16-mc-02210 (APM)
LITIGATION
)
)
)
_________________________________________ )
ORDER
Consistent with the court’s Memorandum Opinion, the court hereby grants in part and
denies in part Lead Plaintiffs’ Motion to Compel. See Pls.’ Mot. to Compel Compliance with
Subpoena Duces Tecum, ECF No. 1; Mem. Op., ECF No. 12. The court orders the Government
to disclose the withheld materials as follows:
1.

The Government shall disclose in full Anthem_00001; Anthem_00005;
Anthem_00006;

Anthem_00007;

Anthem_00008;

Anthem_00009;

Anthem_00010;

Anthem_00011;

Anthem_00012;

Anthem_00013;

Anthem_00015;

Anthem_00016;

Anthem_00017;

Anthem_00018;

Anthem_00019; Anthem_00020; and Anthem_00021.
2.

The Government shall disclose the first two paragraphs on Anthem_00002,
beginning with, respectively, the word “Windows” and the word “Patching.” The
remainder of the page shall not be disclosed.

3.

The Government shall disclose substantially all of Anthem_00014. The top-half of
the page up to and including the sentence that starts “They do not have . . .” must
be disclosed. The four sentences that follow are privileged and shall not be

 Case 1:16-mc-02210-APM Document 13 Filed 02/21/17 Page 2 of 2

disclosed. The Government must disclose the remainder of the page, beginning
with the sub-title “Incident Response.”
4.

The Government shall disclose the first three bullet points listed at the top of
Anthem_00022. The remainder of the page is privileged and shall not be disclosed.

5.

All

other

pages—Anthem_00003;

Anthem_00004;

Anthem_00023;

Anthem_00024; and Anthem_00025 through Anthem_00267—are covered by the
deliberative process privilege and therefore are not subject to disclosure.
Those materials that the court has ordered to be disclosed shall be disclosed pursuant to the
Protective Order in place in the underlying litigation. See Proposed Stipulated Protective Order,
In re Anthem, No. 15-2617 (N.D. Cal. Sept. 18, 2015), ECF No. 292; Order Granting Stipulated
Protective Order, In re Anthem, No. 15-2617 (N.D. Cal. Sept. 21, 2015), ECF No. 293.
This is a final, appealable Order.

Dated: February 21, 2017

Amit P. Mehta
United States District Judge

2