WATSON et al v. KINGDOM OF SAUDI ARABIA

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UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
BENJAMIN WATSON, JR., et al.,
Plaintiffs,
v. 	Case No.: 3:21-cv-329/MCR/ZCB
KINGDOM OF SAUDI ARABIA,
Defendant.
/
ORDER
The United States, a nonparty to this action, has moved to quash a
subpoena served on it by Plaintiffs. (Doc. 98). Plaintiffs have responded
in opposition to the motion to quash, and the United States has replied.
(Docs. 102, 106).
Consistent with the United States Department of Justice’s Touhy
regulations (28 C.F.R. §§ 16.21-16.28), Plaintiffs submitted a 	Touhy
request along with their subpoena. 	(Doc. 98-1). 	The United States
responded to the Touhy request by declining to disclose the information
sought by the subpoena. (Doc. 98-2). In that response, the United States
asserted that disclosure was unwarranted under various subparts of 28
C.F.R. §§ 16.26(a) and (b). 	According to Plaintiffs, the United States’
decision not to disclose the requested information was incorrect.
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Having considered the briefing and the applicable law, the Court
believes it would be prudent to hold a sealed in camera hearing to
consider evidence relating to the United States’ refusal to disclose the
information requested by the subpoena. 	See Hickey v. Columbus Consol.
Gov’t, No. 4:07-cv-096, 2008 WL 450561, at *2, *4 (M.D. Ga. Feb. 15,
2008) (holding 	in camera 	hearing to receive evidence related to the
Department of Justice’s rejection of a Touhy request); see also N.L.R.B.
v. Capitol Fish Co., 294 F.2d 868, 875 (5th Cir. 1961) (recognizing that
when evaluating the government’s refusal to provide information sought
by a subpoena, “the evidence may be examined in camera” by the court);
Kerr v. U.S. Dist. Ct. for N. Dist. of Calif., 426 U.S. 394, 405-06 (1976)
(stating that “this Court has long held the view that in camera review is
a 	highly 	appropriate 	and 	useful 	means 	of 	dealing 	with 	claims 	of
governmental privilege”). The in camera hearing, which will be held in a
closed courtroom with counsel for the United States and a court reporter
present, will be scheduled by a separate Notice of Hearing.
SO ORDERED this the 21st day of May 2026.
s/
Zachary C. Bolitho
Zachary C. Bolitho
United States Magistrate Judge
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