William Thomas
1440 N Street, NW.
Apartment No. 410
Washington, D.C. 20005

U. S. Department of Justice
United States Attorney
District of Columbia

Judiciary Center
555 Fourth St. N. W.
Washington, DC 20001

October 3 , 1989

Re: Huddle v. Reagan, _ al.,
Civil Action No. 88-3130 JHG

Dear Mr. Thomas:

This is in response to your September 26, 1989 letter to Assistant United States Attorney Michael L. Martinez in which you request numerous documents as "discovery" in this case. Since your request is informal in that it was not filed with the Court, we are responding with this letter.

We will not provide you with the documents you request for several reasons. First, defendants have had pending for several months a dispositive motion in this matter. Because the motion, if granted, would obviate any need for discovery, the discovery you seek is unnecessary. Indeed, your request has no bearing on the pending motion. Second, this action seeks damages from several federal officials in their individual capacities. It is well-settled caselaw in this circuit that discovery should not proceed, if at all in such cases, until after the Court resolves the question of the individuals' entitlement to qualified immunity. Fludd v. Secret Service, 771 F.2d 549 (D.C. Cir. 1985). Third, as you are no doubt aware, you were provided in your earlier lawsuits with most of the documents you now request. We decline to go through the considerable effort and expense of providing you anew with those documents.

Thank you for your attention to this matter

Very truly yours,

United States Attorney
/s/ john d. bates
Chief, Civil Division

cc: Arthur Burger, Esquire