Case Detail

FOIA Project Annotation: A federal court in Nevada has ruled that the Parole Commission properly invoked Exemption 5 (deliberative process privilege) to withhold some records concerning the decision to parole Philip Garrido, who later kidnapped a young girl and held her hostage for years. But the court concluded the agency had failed to show why entire documents were protected under Exemption 6 (invasion of privacy) and ordered the agency to separate out and disclose non-exempt information. The court found the agency had shown the records withheld under Exemption 5 were both predecisional and deliberative. Rejecting an argument by Reno Newspapers that the passage of time diminished the privilege claim, the court noted that "FOIA protection, however, does not come with an expiration date. To impose a time limit on the protection of communications involving an agency's deliberative process would effectively eliminate the incentive for the frank and open discussion of ideas that Exemption 5 is intended to engender." Ordering the further disclosure of portions of entire documents withheld under Exemption 6, the court observed that "both Plaintiff and the public have a strong interest in the disclosure of information regarding Defendants' decision that Garrido was a suitable candidate for parole, as the motivating factors behind this decision could indicate a deficiency in our nation's parole system."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 6 - Invasion of privacy

FOIA Project Annotation: A federal court in Nevada has ruled that the Parole Commission did not provide an adequate Vaughn index to justify its claim that some records requested by Reno Newspapers were exempt under Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 5 (privileges). In response to a reporter's request, the agency released 19 redacted records and withheld 92 records. When the newspaper appealed and asked for a Vaughn index, the agency released an additional 44 pages, 38 of which were redacted. The newspaper filed suit and the agency did not provide any index until it filed its summary judgment motion, which indicated that over 500 documents had been withheld. Before the court, the agency argued that its Vaughn index was supplemented by an affidavit that had also been filed. The court, however, noted that "a valid Vaughn index must be contained in one document, complete in itself" and declined to consider the accompanying affidavit as a supplement to the Vaughn index. Discussing shortcomings of the index, the court pointed out that "Defendants claim that a great deal of information is exempt from disclosure under 5 U.S.C. § (b)(7)(C). Nevertheless, they do not include in the index facts that would enable us to make a finding with respect to whether and to what extent that exemption applies." The court explained that "Defendants fail to provide sufficient information to enable us to determine whether the Commission has a clear law enforcement mandate or has a mixed function. Moreover, Defendants do not address whether the document at issue has a rational nexus with enforcement of federal law or whether the document has a purpose falling within the Commission's enforcement authority." Further, the court noted, the agency had frequently cited in its index that a record was protected because the requester had not shown why disclosure would further the goals of FOIA. The court observed that "while it is true that parties seeking information under FOIA sometimes have the burden of demonstrating that the public interest sought to be advanced is a significant one, no such showing is required at the Vaughn index stage." The court added that "the Vaughn index is where Exemption 7(C) is properly asserted. As such, it is premature to list the absence of a sufficient reason for the disclosure as a reason for withholding."
Issues: Litigation - Vaughn index

Date Filed	Doc #	Docket Text
2009-11-23	1	COMPLAINT against all defendants (Filing fee $ 350 receipt number 09780000000001446644), filed by Reno Newspapers, Inc.. Certificate of Interested Parties due by 12/3/2009. Proof of service due by 3/23/2010. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Civil Cover Sheet, # 7 Summons, # 8 Summons)(Glogovac, Scott) Modified on 11/24/2009 to note Summonses Issued on 11/24/2009 (PM). (Entered: 11/23/2009)
2009-11-23		Case assigned to District Judge Edward C. Reed, Jr and Magistrate Judge Robert A. McQuaid, Jr. (WJ) (Entered: 11/23/2009)
2009-11-24	2	SUMMONS Issued as to United States Parole Commission, United States Department Of Justice, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 USPC Summons)(PM) (Entered: 11/24/2009)
2009-12-03	3	CERTIFICATE of Interested Parties filed by Reno Newspapers, Inc... There are no known interested parties other than those participating in the case Plaintiff's Disclosure Statement Required by Fed.R.Civ.P. 7.1 . (Glogovac, Scott) (Entered: 12/03/2009)
2010-01-04	4	SUMMONS Returned Executed by Reno Newspapers, Inc.. USDOJ served on 12/5/09 (Glogovac, Scott) Modified on 1/5/2010 (WJ). (Entered: 01/04/2010)
2010-01-04	5	SUMMONS Returned Executed by Reno Newspapers, Inc.. (Glogovac, Scott) (Entered: 01/04/2010)
2010-01-04	6	AFFIDAVIT Plaintiff's Affidavit of Service of Summons and Complaint Pursuant to FRCP 4(i)(1)(A), FRCP 4(i)(1)(B) and FRCP 4(i)(2) by Plaintiff Reno Newspapers, Inc.. (Glogovac, Scott) (Entered: 01/04/2010)
2010-01-04	7	ANSWER to 1 Complaint, filed by United States Department Of Justice, United States Parole Commission. Certificate of Interested Parties due by 1/14/2010. Discovery Plan/Scheduling Order due by 2/18/2010.(Vance, Holly) (Entered: 01/04/2010)
2010-01-05	8	NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - www.nvd.uscourts.gov . Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (no image attached) (PM) Modified on 1/7/2010 (AF). (Entered: 01/05/2010)
2010-02-17	9	Joint MOTION to Extend Time regarding discovery/non dispositive matter Joint Motion to Extend Time to Submit Stipulated Discovery Plan and Scheduling Order by Plaintiff Reno Newspapers, Inc.. Motion ripe 2/17/2010. (Glogovac, Scott) (Entered: 02/17/2010)
2010-02-18	10	ORDER GRANTING 9 Motion to Extend Time. IT IS ORDERED, the date for submission of the parties' stipulated discovery plan and scheduling order is extended to March 19, 2010. Signed by Magistrate Judge Robert A. McQuaid, Jr on 2/18/2010. (Copies have been distributed pursuant to the NEF - KO) (Entered: 02/18/2010)
2010-03-18	11	PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff Reno Newspapers, Inc. Stipulated Discovery Plan and Scheduling Order . (Glogovac, Scott) (Entered: 03/18/2010)
2010-03-18	12	SCHEDULING ORDER re 11 Stipulated Discovery Plan and Scheduling Order. Discovery due by 7/2/2010; Dispositive Motions due by 8/2/2010; and Proposed Joint Pretrial Order due by 9/1/2010. Signed by Magistrate Judge Robert A. McQuaid, Jr on 3/18/2010. (Copies have been distributed pursuant to the NEF - KO) (Entered: 03/19/2010)
2010-07-21	13	MOTION for Summary Judgment Plaintiff's Motion for Summary Judgment by Plaintiff Reno Newspapers, Inc.. Responses due by 8/14/2010. (Attachments: # 1 Affidavit Affidavit of Scott A. Glogovac, # 2 Exhibit 1 to Affidavit, # 3 Exhibit 2 to Affidavit, # 4 Exhibit 3 to Affidavit, # 5 Exhibit 4 to Affidavit, # 6 Exhibit 5 to Affidavit)(Glogovac, Scott) (Entered: 07/21/2010)
2010-07-30	14	STIPULATION AND PROPOSED ORDER FOR EXTENSION OF TIME by Defendants United States Department Of Justice, United States Parole Commission. (Vance, Holly) (Entered: 07/30/2010)
2010-08-02	15	ORDER GRANTING 14 STIPULATION. Ds shall have up to and including September 8, 2010 in which to file their Opposition to P's 13 Motion for Summary Judgment. Signed by Judge Edward C. Reed, Jr on 8/2/2010. (Copies have been distributed pursuant to the NEF - PM) (Entered: 08/02/2010)
2010-09-08	16	RESPONSE to 13 MOTION for Summary Judgment Plaintiff's Motion for Summary Judgment , filed by Defendants United States Department Of Justice, United States Parole Commission. Declaration of Anissa Banks and Exhibits 1 thru 10 Replies due by 9/25/2010. (Attachments: # 1 Exhibit)(Vance, Holly) (Entered: 09/08/2010)
2010-09-08	17	Cross MOTION for Summary Judgment Declaration of Anissa Banks and Exhibits 1 thru 10 by Defendants United States Department Of Justice, United States Parole Commission. Responses due by 10/2/2010. (Attachments: # 1 Exhibit)(Vance, Holly) (Entered: 09/08/2010)
2010-09-15	18	STIPULATION Stipulation and Order for Extension of Time to File Reply in Support of Plaintiff's Motion for Summary Judgment and Opposition to Defendants' Cross-Motion for Summary Judgment (First Request) by Plaintiff Reno Newspapers, Inc.. (Glogovac, Scott) (Entered: 09/15/2010)
2010-09-16	19	ORDER ON 18 STIPULATION : P's Reply to 16 Response re 13 Motion for Summary Judgment; and, Response to 17 Cross-Motion for Summary Judgment due by 10/8/2010. Signed by Judge Edward C. Reed, Jr on 9/16/2010. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 09/20/2010)
2010-10-08	20	REPLY to Response to 17 Cross MOTION for Summary Judgment Declaration of Anissa Banks and Exhibits 1 thru 10 , 13 MOTION for Summary Judgment Plaintiff's Motion for Summary Judgment ; filed by Plaintiff Reno Newspapers, Inc.. Reply in Support of 13 Plaintiff's Motion for Summary Judgment and Opposition to 17 Defendants' Cross-Motion for Summary Judgment (McElroy, David) Modified on 10/12/2010 add links (WJ). (Entered: 10/08/2010)
2010-10-13	21	STIPULATION AND (PROPOSED) ORDER FOR EXTENSION OF TIME TO FILE REPLY by Defendants United States Department Of Justice, United States Parole Commission. (Vance, Holly) (Entered: 10/13/2010)
2010-10-14	22	ORDER ON 21 STIPULATION : D's Reply to 20 Response re 17 Cross MOTION for Summary Judgment due by 11/15/2010. Signed by Judge Edward C. Reed, Jr on 10/14/2010. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 10/14/2010)
2010-11-15	23	REPLY to Response to 17 Cross MOTION for Summary Judgment Declaration of Anissa Banks and Exhibits 1 thru 10 ; filed by Defendants United States Department Of Justice, United States Parole Commission. DEFENDANT'S REPLY and EXHIBIT A (Attachments: # 1 Exhibit)(Vance, Holly) (Entered: 11/15/2010)
2011-01-24	24	ORDERED that D shall have14 days to submit an amended Vaughn index to the Court. FURTHER ORDERED that P shall have 14 days from the date of submission of Ds' revised Vaughn index to submit a response. Signed by Judge Edward C. Reed, Jr on 1/21/2011. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 01/24/2011)
2011-02-07	25	NOTICE by Defendants United States Department Of Justice, United States Parole Commission NOTICE OF FILING AMENDED VAUGHN INDEX (Attachments: # 1 Exhibit)(Vance, Holly) (Entered: 02/07/2011)
2011-02-22	26	RESPONSE to 25 Notice (Other) ; Response to Defendants' Amended Vaughn Index filed by Plaintiff Reno Newspapers, Inc.. (McElroy, David) (Entered: 02/22/2011)
2011-03-29	27	ORDER GRANTING in part and DENYING in part P's 13 Motion for Summary Judgment. ( See pdf order for specifics. ) FURTHER ORD GRANTING in part and DENYING in part Ds' 17 Motion for SummaryJudgment. ( See pdf order for specifics. ) FURTHER ORD Ds shall, by 4/19/2011, provide P with all segregable information for which Defendants made a claim of exemption (as specified herein). Signed by Judge Edward C. Reed, Jr on 3/28/2011. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 03/29/2011)
2011-04-06	28	PRETRIAL NOTICE ORDER. Proposed Joint Pretrial Order due by 5/13/2011. Signed by Judge Edward C. Reed, Jr. (Copies have been distributed pursuant to the NEF - BLG) Modified on 5/18/2011 VACATED PER ORDER 33 (WJ). (Entered: 04/06/2011)
2011-04-11	29	MOTION TO EXTEND DEADLINE TO PRODUCE DOCUMENTS AND REQUEST FOR EXPEDITED REVIEW by Defendants United States Department Of Justice, United States Parole Commission. Responses due by 4/28/2011. (Vance, Holly) (Entered: 04/11/2011)
2011-04-13	30	NON-OPPOSITION to 29 MOTION TO EXTEND DEADLINE TO PRODUCE DOCUMENTS AND REQUEST FOR EXPEDITED REVIEW ; filed by Plaintiff Reno Newspapers, Inc.. (Glogovac, Scott) (Entered: 04/13/2011)
2011-04-22	31	ORDER GRANTING Ds' 29 Motion to Extend Deadline to Produce Documents : Ds shall produce the subject documents by by 5/10/2011. Signed by Judge Edward C. Reed, Jr on 4/22/2011. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 04/22/2011)
2011-05-12	32	Joint MOTION to Vacate Order Requiring Filing of Joint Pretrial Order by Defendants United States Department Of Justice, United States Parole Commission. Motion ripe 5/12/2011. (Vance, Holly) (Entered: 05/12/2011)
2011-05-17	33	ORDER GRANTING 32 Joint Motion to Vacate 28 Order Requiring the Filing of Joint Pretrial Order. IT IS SO ORDERED. Signed by Judge Edward C. Reed, Jr on 5/17/2011. (Copies have been distributed pursuant to the NEF - MLC) (Entered: 05/17/2011)
2011-09-07	34	MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Robert C. Jones, on 9/7/2011. IT IS ORDERED that this case is reassigned to Magistrate Judge William G. Cobb for all further proceedings. Magistrate Judge Robert A. McQuaid, Jr no longer assigned to case. All further documents must bear the correct case number 3:09-cv-00683-ECR-WGC. (no image attached) (Copies have been distributed pursuant to the NEF - KO) (Entered: 09/07/2011)
2011-10-06	35	Joint MOTION Entry of Judgment Joint Motion for Entry of Judgment by Plaintiff Reno Newspapers, Inc.. Responses due by 10/23/2011. (Glogovac, Scott) (Entered: 10/06/2011)
2011-10-08	36	ORDER granting 35 Motion for Entry of Judgment. The Clerk shall enter final judgment. Signed by Judge Edward C. Reed, Jr on 10/8/2011. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 10/12/2011)
2011-10-12	37	JUDGMENT re 36 Order. Signed by Clerk of Court, Lance S. Wilson on 10/12/2011. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 10/12/2011)
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