Case Detail

FOIA Project Annotation: Judge Ketanji Brown Jackson has ruled that the Navy has so far failed to show how a signature page containing the names of three agency employees who were part of the source selection board for contracts awarded by the Navy for development of alternative sources of electricity is protected by Exemption 6 (invasion of privacy). Jackson also rejected a last-minute claim by the Navy that the signatures were protected by Exemption 5 (deliberative process privilege). Judicial Watch had requested records about the alternative energy source contracts and the dispute finally boiled down to a challenge to the agency's decision to withhold the signature page under Exemption 6. After that issue had been briefed in court, the Navy indicated the signatures were also protected by Exemption 5, a claim Judicial Watch responded to in supplemental filings. Noting that "'all FOIA exemptions [are] to be raised at the same time in the original district court FOIA proceedings,'" Jackson observed that "it is not clear that the Exemption 5 argument in this case is even properly before the Court." However, since both parties had fully addressed the claim, she decided to proceed. She explained that "in asserting that Exemption 5 applies to the names on the redacted signature pages at issue here, Defendant relies solely on the fact that the Memorandum [containing the signatures] itself was a predecisional document because the recommendation of the [Source Selection Board] as laid out in the Memorandum was not binding on the [Source Selection Authority]" She pointed out that "Exemption 5's deliberative process privilege does not authorize the name redactions because the signatories' names themselves are facts that do not qualify as predecisional, and in any event, Defendant offers no rationale for why the names should be considered deliberative (and none easily comes to mind)." She indicated that the names qualified for protection under the broad interpretation of what constituted a "similar" file under Exemption 6. But she pointed out that "Defendant's effort to establish that negative consequences will befall the signators of the Memorandum is entirely speculative, and thus falls short of establishing a substantial privacy interest." The agency argued disclosure would prevent the employees from doing their job effectively. However, Jackson noted that "unlike Exemption 5, Exemption 6 is not aimed at protecting the integrity of an agency's workflow; rather, its purpose is to avoid disclosures that 'would constitute a clearly unwarranted invasion of personal privacy.' And Defendant has offered no rationale that connects the release of the names to any privacy interest that the signatories have in their ability to perform their duties effectively, much less any credible reason for why the release of the names of those who signed a work memorandum would have any effect on that performance." Jackson told the agency to supplement its affidavits if it wished to continue to withhold the names.
Issues: Exemption 6 - Invasion of privacy, Exemption 5 - Privileges - Deliberative process privilege - Deliberative

Date Filed	Doc #	Docket Text
2012-02-01	1	COMPLAINT against DEPARTMENT OF THE NAVY ( Filing fee $ 350, receipt number 4616045699) filed by JUDICIAL WATCH, INC. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 02/02/2012)
2012-02-01		SUMMONS (3) Issued as to DEPARTMENT OF THE NAVY, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 02/02/2012)
2012-02-01	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. identifying Corporate Parent NONE for JUDICIAL WATCH, INC. (rdj) (Entered: 02/02/2012)
2012-02-03	3	STANDING ORDER. Signed by Judge Beryl A. Howell on 02/03/2012. (lcbah2) (Entered: 02/03/2012)
2012-02-14	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/6/2012. Answer due for ALL FEDERAL DEFENDANTS by 3/7/2012. (Attachments: # 1 Declaration of Cristina Rotaru)(Orfanedes, Paul) (Entered: 02/14/2012)
2012-02-14	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/06/12. (Attachments: # 1 Declaration of Cristina Rotaru)(Orfanedes, Paul) (Entered: 02/14/2012)
2012-02-14	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF THE NAVY served on 2/6/2012 (Attachments: # 1 Declaration of Cristina Rotaru)(Orfanedes, Paul) (Entered: 02/14/2012)
2012-02-16	7	NOTICE of Appearance by John Gregory Lennon on behalf of DEPARTMENT OF THE NAVY (Lennon, John) (Entered: 02/16/2012)
2012-03-05	8	Consent MOTION for Extension of Time to Respond to Complaint by DEPARTMENT OF THE NAVY (Attachments: # 1 Text of Proposed Order)(Lennon, John) (Entered: 03/05/2012)
2012-03-07		MINUTE ORDER (paperless) granting 8 Defendant's Motion for Enlargement of Time. The defendant's Response to plaintiff's Complaint is due on or before April 23, 2012. Signed by Judge Beryl A. Howell on 03/07/12. (lcbah2) (Entered: 03/07/2012)
2012-03-07		Reset Deadlines: Answer due by 4/23/2012. (tj ) (Entered: 03/07/2012)
2012-04-19	9	MOTION for Extension of Time to Respond to Complaint by DEPARTMENT OF THE NAVY (Attachments: # 1 Text of Proposed Order)(Lennon, John) (Entered: 04/19/2012)
2012-04-20		MINUTE ORDER (paperless) In light of the 9 Defendant's Motion for Enlargement of Time, the plaintiff is directed to explain, by 5 P.M. on April 23, 2012, its reasons for opposing the Motion. Signed by Judge Beryl A. Howell on 04/20/2012. (lcbah2) (Entered: 04/20/2012)
2012-04-20	10	Memorandum in opposition to re 9 MOTION for Extension of Time to Respond to Complaint filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Aldrich, Jason) (Entered: 04/20/2012)
2012-04-23		MINUTE ORDER (paperless) granting in part and denying in part 9 Defendant's Motion for Enlargement of Time. Upon consideration of 9 Defendant's Motion for Enlargement of Time, and 10 Plaintiff's Opposition to Defendant's Motion for Enlargement of Time, the Court directs the Defendant to file a Response to Plaintiff's Complaint on or before May 3, 2012. The parties are further directed, pursuant to paragraph 5(b) of the Court's 3 Standing Order, to confer and jointly file, by May 12, 2012, "a statement to the Court indicating whether they believe the matter will be resolved solely through the filing of dispositive motions and proposing a schedule for the filing of such motions to the Court. Counsel should also indicate whether or not they believe an appearance before the Court will be necessary prior to resolution of the dispositive motions." Signed by Judge Beryl A. Howell on 04/23/2012. (lcbah2) (Entered: 04/23/2012)
2012-05-02		Reset Deadlines: Answer due by 5/3/2012; Joint statement by parties due by 5/12/2012. (tj, ) (Entered: 05/02/2012)
2012-05-03	11	ANSWER to 1 Complaint by DEPARTMENT OF THE NAVY.(Lennon, John) (Entered: 05/03/2012)
2012-05-11	12	NOTICE Joint Statement to the Court by DEPARTMENT OF THE NAVY re Order on Motion for Extension of Time to,,, (Lennon, John) (Entered: 05/11/2012)
2012-05-11		MINUTE ORDER (paperless) Upon consideration of the parties' 12 Joint Statement to the Court, the parties are directed to file a Joint Status Report by August 1, 2012. Signed by Judge Beryl A. Howell on 05/11/2012. (lcbah2) (Entered: 05/11/2012)
2012-05-14		Set Deadlines: Joint Status Report due by 8/1/2012. (tj ) (Entered: 05/14/2012)
2012-07-12	13	NOTICE OF SUBSTITUTION OF COUNSEL by Leila Jade Levi on behalf of DEPARTMENT OF THE NAVY Substituting for attorney J. Gregory Lennon (Levi, Leila) (Entered: 07/12/2012)
2012-08-01	14	STATUS REPORT by DEPARTMENT OF THE NAVY. (Levi, Leila) (Entered: 08/01/2012)
2012-08-01		MINUTE ORDER (paperless) Upon consideration of the parties' 14 Joint Status Report, the parties are directed to file another joint status report, with a proposed schedule, by October 1, 2012, unless this case is resolved before then. Signed by Judge Beryl A. Howell on 08/01/2012. (lcbah2) (Entered: 08/01/2012)
2012-08-02		Set/Reset Deadlines: Joint Status Report due by 10/1/2012. (tg, ) (Entered: 08/02/2012)
2012-09-24	15	STATUS REPORT and Proposed Briefing Schedule by DEPARTMENT OF THE NAVY. (Attachments: # 1 Text of Proposed Order PO for Briefing Schedule)(Levi, Leila) (Entered: 09/24/2012)
2012-09-24		MINUTE ORDER (paperless) Upon consideration of the parties' 15 Joint Status Report, the Court enters the following SCHEDULING ORDER, which the parties have agreed will control the timing of proceedings in this matter: Defendant's Motion for Summary Judgment shall be filed by November 9, 2012. Plaintiff's Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment shall be filed by December 7, 2012. Defendant's Reply and Opposition to Plaintiff's Cross-Motion shall be filed by December 21, 2012. Plaintiff's Reply shall be filed by January 4, 2013. Signed by Judge Beryl A. Howell on 09/24/2012. (lcbah2) (Entered: 09/24/2012)
2012-09-24		Set/Reset Deadlines: Summary Judgment motion due by 11/9/2012. Cross Motion and Opposition to Motion for Summary Judgment due by 12/7/2012. Opposition to Cross Motion and Reply to Opposition to Motion for Summary Judgment due by 12/21/2012. Reply in support to Cross Motion due by 1/4/2013. (tg, ) (Entered: 09/25/2012)
2012-10-19	16	STIPULATION by DEPARTMENT OF THE NAVY, JUDICIAL WATCH, INC.. (Levi, Leila) (Entered: 10/19/2012)
2012-11-08	17	MOTION to Modify the Joint Briefing Schedule by DEPARTMENT OF THE NAVY (Attachments: # 1 Text of Proposed Order)(Levi, Leila) (Entered: 11/08/2012)
2012-11-09		MINUTE ORDER (paperless) granting 17 Motion to Modify Briefing Schedule. The SCHEDULING ORDER in this case is hereby revised as follows: Defendant's Motion for Summary Judgment shall be filed by November 30, 2012. Plaintiff's Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment shall be filed by December 21, 2012. Defendant's Reply and Opposition to Plaintiff's Cross-Motion shall be filed by January 4, 2013. Plaintiff's Reply shall be filed by January 11, 2013. Signed by Judge Beryl A. Howell on 11/09/12. (lcbah2) (Entered: 11/09/2012)
2012-11-09		Set/Reset Deadlines: Summary Judgment motion due by 11/30/2012; Cross-Motion and Opposition to Motion for Summary Judgment due by 12/21/2012; Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 1/4/2013; Reply to Opposition to Cross Motion due by 1/11/2013. (tg, ) (Entered: 11/09/2012)
2012-11-30	18	MOTION for Summary Judgment by DEPARTMENT OF THE NAVY (Attachments: # 1 Declaration by Gregory Sears, # 2 Exhibit A to Sears Declaration, # 3 Exhibit B to Sears Declaration, # 4 Exhibit C to Sears Declaration, # 5 Declaration By Russell Spindler and Exhibit A to Spindler Declaration)(Levi, Leila) (Entered: 11/30/2012)
2012-11-30	19	ERRATA re 18 by DEPARTMENT OF THE NAVY. (Levi, Leila) Modified on 12/3/2012 to add linkage (rdj). (Entered: 11/30/2012)
2012-12-21	20	Memorandum in opposition to re 18 MOTION for Summary Judgment with Response to Defendant's Statement of Material Facts filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Aldrich, Jason) (Entered: 12/21/2012)
2012-12-21	21	Cross MOTION for Summary Judgment With Plaintiff's Statement of Material Facts by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Aldrich, Jason) (Entered: 12/21/2012)
2013-01-04	22	MOTION to Modify Briefing Schedule by DEPARTMENT OF THE NAVY (Levi, Leila) (Entered: 01/04/2013)
2013-01-04		MINUTE ORDER (paperless) granting 22 Motion to Modify the Briefing Schedule. The SCHEDULING ORDER is revised as follows: Defendant's Reply and Opposition to Plaintiff's Cross-Motion for Summary Judgment shall be filed on or before January 17, 2013. Plaintiff's Reply shall be filed on or before January 24, 2013. Signed by Judge Beryl A. Howell on 01/04/2013. (lcbah2) (Entered: 01/04/2013)
2013-01-04		Set/Reset Deadlines: Defendant's Reply and Opposition to Cross Motion due by 1/17/2013; Plaintiff's Reply due by 1/24/2013. (tg, ) (Entered: 01/07/2013)
2013-01-09	23	NOTICE OF SUBSTITUTION OF COUNSEL by Mary Elizabeth Stratton on behalf of DEPARTMENT OF THE NAVY Substituting for attorney Leila Jade Levi (Stratton, Mary) (Entered: 01/09/2013)
2013-01-16	24	REPLY to opposition to motion re 18 MOTION for Summary Judgment filed by DEPARTMENT OF THE NAVY. (Stratton, Mary) (Entered: 01/16/2013)
2013-01-16	25	Memorandum in opposition to re 21 Cross MOTION for Summary Judgment With Plaintiff's Statement of Material Facts and Response to Plaintiff's Statement of Material Facts filed by DEPARTMENT OF THE NAVY. (Stratton, Mary) (Entered: 01/16/2013)
2013-01-24	26	REPLY to opposition to motion re 21 Cross MOTION for Summary Judgment With Plaintiff's Statement of Material Facts , 18 MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Aldrich, Jason) (Entered: 01/24/2013)
2013-04-05		Case reassigned to Judge Ketanji Brown Jackson. Judge Beryl A. Howell no longer assigned to the case. (ds) (Entered: 04/05/2013)
2013-11-19	27	NOTICE OF SUBSTITUTION OF COUNSEL by Kimberly J. Duplechain on behalf of All Defendants Substituting for attorney Mary Elizabeth Stratton (Duplechain, Kimberly) (Entered: 11/19/2013)
2014-03-17	28	ORDER denying without prejudice 18 Defendant's Motion for Summary Judgment and denying without prejudice 21 Plaintiff's Motion for Summary Judgment. See attached order and accompanying Memorandum Opinion for details. Signed by Judge Ketanji Brown Jackson on 03/17/2014. (lckbj2) (Entered: 03/17/2014)
2014-03-17	29	MEMORANDUM OPINION. See attached Memorandum Opinion and accompanying Order for details. Signed by Judge Ketanji Brown Jackson on 03/17/2014. (lckbj2) (Entered: 03/17/2014)
2014-03-19		Set/Reset Deadlines: Cross Motions due by 5/1/2014. Response to Cross Motions due by 5/16/2014. Reply to Cross Motions due by 5/23/2014. Summary Judgment motions due by 4/16/2014. Response to Motion for Summary Judgment due by 5/1/2014. Reply to Motion for Summary Judgment due by 5/16/2014. (zgdf) (Entered: 03/19/2014)
2014-04-14	30	NOTICE OF SUBSTITUTION OF COUNSEL by Shuchi Batra on behalf of All Defendants Substituting for attorney Kimberly J. Duplechain (Batra, Shuchi) (Entered: 04/14/2014)
2014-04-15	31	Consent MOTION for Extension of Time to Refile Motion for Summary Judgment by DEPARTMENT OF THE NAVY (Attachments: # 1 Text of Proposed Order)(Batra, Shuchi) (Entered: 04/15/2014)
2014-04-16		MINUTE ORDER granting 31 Motion for Extension of Time to Refile Motion for Summary Judgment. Defendant's motion for summary judgment due by 5/16/2014. Plaintiff's combined opposition and cross-motion for summary judgment due by 6/2/2014. Defendant's combined reply and opposition to cross-motion for summary judgment due by 6/17/2014. Plaintiff's reply due by 6/24/2014. Signed by Judge Ketanji Brown Jackson on 4/16/2014. (Entered: 04/16/2014)
2014-05-15	32	Consent MOTION for Extension of Time to Refile Summary Judgment Motion by DEPARTMENT OF THE NAVY (Attachments: # 1 Text of Proposed Order)(Batra, Shuchi) (Entered: 05/15/2014)
2014-05-15		MINUTE ORDER granting, for good cause shown, 32 Motion for Extension of Time to Refile Motion for Summary Judgment. Defendant's motion for summary judgment due by 5/23/2014. Plaintiff's combined opposition and cross-motion for summary judgment due by 6/9/2014. Defendant's combined reply and opposition to cross-motion for summary judgment due by 6/24/2014. Plaintiff's reply due by 7/1/2014. Signed by Judge Ketanji Brown Jackson on 05/15/2014. (lckbj1) (Entered: 05/15/2014)
2014-05-23	33	Joint MOTION for Extension of Time to Submit Summary Judgment briefing by DEPARTMENT OF THE NAVY (Attachments: # 1 Text of Proposed Order)(Batra, Shuchi) (Entered: 05/23/2014)
2014-05-27		MINUTE ORDER granting, for good cause shown, 33 Joint Motion for Extension of Time to Submit Summary Judgment Briefing. Defendant's motion for summary judgment due by 6/23/2014. Plaintiff's combined opposition and cross-motion for summary judgment due by 7/9/2014. Defendant's combined reply and opposition to cross-motion for summary judgment due by 7/24/2014. Plaintiff's reply due by 7/31/2014. Signed by Judge Ketanji Brown Jackson on 05/27/2014. (lckbj1) (Entered: 05/27/2014)
2014-06-23	34	NOTICE of Settlement by DEPARTMENT OF THE NAVY (Batra, Shuchi) (Entered: 06/23/2014)
2014-06-25	35	PROVISIONAL ORDER DISMISSING CASE DUE TO SETTLEMENT. It is ORDERED that this case is DISMISSED without prejudice. If settlement is not consummated, either party may reopen the action until August 11, 2014, upon motion approved by the Court. Should counsel fail to move to reopen the case within the prescribed period, the case shall, without further order, stand dismissed with prejudice. Signed by Judge Ketanji Brown Jackson on 06/25/2014. (lckbj1, ) (Entered: 06/25/2014)
Hide Docket Events