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# 📧 to McShane: "to request clarification"
- URL: https://gijustice.com/20260824-1938-mcshane/
- Published: 2026-08-25T02:38:00.000Z
- Updated: 2026-09-15T03:10:44.000Z
- Author: Logan M Isaac
- Tags: Michael McShane, Tracy White, 6-25-CV-01159-MC

I write to request clarification on the procedural status of third-party subpoena production from Oregon State Police and Legislative Administration & Services.

### **Timeline:**

- June 8, 2026: Subpoenas served on OSP and LAC (14-day compliance term, due June 22)
- June 22–25, 2026: Partial production received only after Court-imposed deadline pressure
- July 30, 2026: [Defense counsel represented to Court](https://gijustice.com/20260730-1156-odj/) that further OSP/LAC production would occur "in the next 2–3 weeks"
- August 4, 2026: Plaintiff [filed Rule 45(d)(2)(B)(i) motion to compel](https://gijustice.com/20260804-manning-ecf31/) OSP Item 5 and LAC Item 7, plus general unobjected material
- August 11, 2026: [Defense counsel issued written refusal](https://gijustice.com/20260811-1611-white/) on OSP Items 6 & 7 (December 10, 2024 threat-assessment materials); no court motion filed on this specific dispute
- August 18, 2026: Court's text order denied Plaintiff's August 4 motion "as moot"

### **Clarification Requested:**

1. Does the "moot" ruling reflect that OSP and LAC have \*completed\* production of Items 5 & 7 (and the general unobjected material) as of the order date, or does it reflect procedural closure without regard to actual completion?
2. Separately, OSP Items 6 & 7 (December 10 threat assessment) were not part of the August 4 motion; they are the subject of an unresolved August 11 written refusal. Is that dispute properly before the Court, or should Plaintiff file a separate motion to compel on Items 6 & 7 specifically?

I seek only procedural clarity and will respect the Court's resolution of these questions without further briefing.