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Case TitleThe News-Press et al v. United States Department of Homeland Security
DistrictMiddle District of Florida
CityFt. Myers
Case Number2:2005cv00102
Date Filed2005-03-09
Date Closed2005-11-07
JudgeJudge John E. Steele
PlaintiffThe News-Press division of Multimedia Holdings Corporation
PlaintiffCape Publications, Inc. publisher of Florida Today
PlaintiffPensacola News-Journal division of Multimedia Holdings Corporation
DefendantUnited States Department of Homeland Security
DefendantFederal Emergency Management Agency
DefendantJonathan Lee Riches
Documents
Docket
Complaint
Opinion/Order [69]
FOIA Project Annotation: A federal court in Florida has ruled that FEMA need not provide several news organizations with information about residents who were given assistance during five hurricanes that hit Florida in 2004. The News-Press, Florida Today and the Penscacola News-Journal submitted an FOIA request for three categories of records. The first category encompassed records related to the Presidential declarations of a major disaster; the second covered information related to public assistance, including disaster project worksheet summaries separated by country and including the applicants name and site number location; and the third covered documents related to individual assistance awards separated by zip codes and county, including recipient names and addresses. Two subsequent requests asked for an electronic spreadsheet showing all flood claims from FEMA's National Flood Insurance Program, and documents related to FEMA's contracts with companies to provide disaster housing inspection services. The court turned initially to the Presidential declarations and a memo sent to President George W. Bush from former FEMA director Michael Brown, which the agency had withheld under Exemption 5 (privileges). FEMA suggested that the memo to Bush was protected by executive privilege. The court disagreed, noting that "FEMA relies on a single sentence in the Declaration of Daniel A. Craig, the Director of the Recovery Division of the Department of Homeland Security, Federal Emergency Management Agency: 'Further, the request involves highly confidential and deliberative discussions and recommendations relating to the President's sole and un-delegated authority to declare a disaster, the disclosure of which would have a chilling effect on the Executive Branch's decision-making process.' This is clearly not an invocation of executive privilege. . . Mr. Craig did not purport to speak for the President, and his official position is not such that he would necessarily have the authority to invoke the privilege on behalf of the President." The court found, however, that the memo was protected by the deliberative process privilege, but, after an in camera inspection, decided that factual portions of the memo could be separated out and disclosed. The plaintiffs argued that the memo had been incorporated into the final Presidential declaration. Rejecting the claim, the court noted that "the Supreme Court has not held that a recommendation loses its privileged status if it is accepted by the government decision maker, or that only unsuccessful recommendations are protected. . . An examination of the President's letter declaring Florida a disaster area shows that the former Under Secretary's Memorandum was neither expressly adopted nor incorporated by reference." FEMA disclosed a memo forwarding a request from the state government to have other counties added to the assistance requests. Citing Exemption 2 (internal practices and procedures) and Exemption 6 (invasion of privacy), the agency had redacted the identities of FEMA employees who reviewed the request and their signatures either concurring or not concurring in the request. The court found the identifying information was covered under Exemption 2, pointing out that "the review process on a county add-on request is a predominantly internal matter and the Memorandum was used for such internal purposes. The names and signatures of FEMA employees who reviewed and expressed an opinion about the Florida request on its way up the FEMA bureaucratic chain of command to the ultimate decision maker are internal matters of no genuine and significant public interest. The Supreme Court has approved redaction of identifying information as a method of protecting bona fide Exemption 2 information while requiring disclosure of other information of significant and genuine public interest within the same document. While plaintiffs may be correct that there is a great public interest in how FEMA decided which counties would be in the declared disaster area, and how much of the recovery effort would be federally funded and for how long, disclosure of the names and signatures would not shed any more light on these issues than the redacted Memorandum. Indeed, FEMA has disclosed documents addressing each of these articulated areas of interest." After affirming the Exemption 2 claim, the court turned around and rejected the claim that the identifying information was protected under Exemption 6 as well. The court noted that "the names and signatures [do] not constitute a 'clearly unwarranted invasion of personal privacy' under § 552(b)(6). While employment at certain governmental agencies may indeed require secrecy, there is nothing about employment at FEMA or concurrence/non-concurrence in a county add-on request that would invoke 'personal' privacy, much less constitute a clearly unwarranted invasion of that privacy." Perhaps FEMA released more than enough documents for the news organizations to assess its performance during the storms, but to use Exemption 2 to withhold information on who reviewed assistance requests seems less than pointless. The so-called "low-2" prong does not go to the issue of harm, but instead relieves the agency of the burden of disclosing trivial information. However, information that shows who reviewed decisions as they worked their way up the chain of command may provide important insights as to how the decision was treated internally, information that may be far from trivial. It should be remembered that in the ground-breaking 1989 case on electronic records, Armstrong v. Executive Office of the President, Judge Charles Richey was particularly concerned that paper copies of White House emails did not include the distribution lists attached to an electronic copy, a clear admission that who sees a document is an important additional piece of information, not a piece of administrative triviata. While the court had affirmed a number of deliberative process privilege claims, it rejected FEMA's claim that a draft press release was privileged. The court observed that "simply labeling a document as a 'draft, even if accurate, does not guarantee it will satisfy the requirements of Exemption 5. While the press releases are pre-decisional in a chronological sense, they are certainly peripheral to the actual decision. Additionally, they are clearly not deliberative, but rather are merely a pre-prepared document announcing a decision once it has been made, subject to the insertion of the date." The court ruled that names and addresses of people who had received public or individual assistance were protected by Exemption 6. The court pointed out that "the privacy interest in this case is substantial for several reasons. First, release of the names and addresses of those claiming government benefits will enable others to link the great deal of highly personal information already disclosed by FEMA to particular individuals. . . It will also enable plaintiffs, or anyone else who wants the information, to link up with a variety of public databases to determine additional information about the named individuals." Second, the court added, "while there is no inherent embarrassment or stigma in being the victim of a natural disaster, the same cannot necessarily be said about being the recipient of individual government assistance. Indeed, plaintiffs deem it potentially newsworthy to identify whether those who received such assistance are otherwise financially well-off." Additionally, the court explained, "plaintiffs plan to make direct contact with at least some of the persons whose names and addresses would be disclosed. The intent to interview such individuals magnifies the importance of the personal privacy interest at stake. Release of the names and addresses makes the individuals the target of unsolicited and perhaps unwanted contact; those who wish to be interviewed can certainly volunteer by contacting the media." Balanced against these privacy interests was the public interest. The court said that "the public interest in knowing whether FEMA has adequately performed its statutory duties is certainly cognizable under FOIA." The court then turned to an issue that is rarely discussed any more in the case law " derivative use, the secondary use of information to uncover other information that can either enhance the public interest or further invade individual privacy. Noting that there were allegations of misconduct by FEMA involving waste and payment of fraudulent claims, the court indicated that it "considers the potential derivative use articulated by plaintiffs, but finds that it does not tip the balance in favor of disclosure. If anything, it does the opposite. The Court finds that the privacy interest in the nondisclosure of their names and addresses of the 605,500 FEMA claimants and the 33,000 [National Flood Insurance] claimants substantially outweighs the FOIA-related public interest in disclosure."
Issues: Exemption 2 - Personnel practices, Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 6 - Invasion of privacy
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2005-03-091COMPLAINT against United States Department of Homeland Security, (Filing fee $250 receipt number F006223), filed by Pensacola News-Journal, The News-Press, Cape Publications, Inc.(Attachments: #(1) Exhibit A, #(2) Exhibit B, #(3) Exhibit C, #(4) Exhibit D)(drn) (Entered: 03/09/2005)
2005-03-092Disclosure Statement filed by The News-Press, Pensacola News-Journal and Cape Publications, Inc. (drn) (Entered: 03/09/2005)
2005-03-093Summons Issued as to United States Department of Homeland Security by serving U.S. Attorney and Federal Emergency Management Agency by serving U.S. Attorney (drn) (Entered: 03/09/2005)
2005-03-154INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 3/28/2005. Signed by Judge John E. Steele on 3/15/2005. (BJH, ) (Entered: 03/15/2005)
2005-03-155RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2 Notice of pendency of other actions due by 3/28/2005. Signed by Judge John E. Steele on 3/15/2005. (BJH, ) (Entered: 03/15/2005)
2005-03-166AMENDED COMPLAINT against all defendants, filed by Pensacola News-Journal, The News-Press, Cape Publications, Inc.. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit)(Lake, James) (Entered: 03/16/2005)
2005-03-177RETURN of service executed on March 11, 2005 by Pensacola News-Journal, The News-Press, Cape Publications, Inc. as to United States Department of Homeland Security, Federal Emergency Management Agency. (Attachments: # 1 Return of Service & Summons/US Dept. of Homeland Security# 2 Return of Service & Summons/FEMA)(Lake, James) (Entered: 03/17/2005)
2005-03-288NOTICE of pendency of other actions re order of compliance to Local Rule by Pensacola News-Journal, The News-Press, Cape Publications, Inc. Related case(s): yes (Lake, James) (Entered: 03/28/2005)
2005-03-289CERTIFICATE of Counsel of Interested Persons and Corporate Disclosure Statement by James B. Lake on behalf of Pensacola News-Journal, The News-Press, Cape Publications, Inc. (Lake, James) (Entered: 03/28/2005)
2005-04-1110Defendant's ANSWER to amended complaint by Federal Emergency Management Agency.(Steinbeck, Mark) (Entered: 04/11/2005)
2005-04-1211INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 4/25/2005 for defendant Federal Emergency Management AgencySigned by Judge John E. Steele on 4/12/2005. (BJH, ) (Entered: 04/12/2005)
2005-04-1812CERTIFICATE of interested persons and corporate disclosure statement re 4 Interested persons order by United States Department of Homeland Security. (Steinbeck, Mark) (Entered: 04/18/2005)
2005-04-1813NOTICE of pendency of other actions re 5 order of compliance to Local Rule by United States Department of Homeland Security Related case(s): no (Steinbeck, Mark) (Entered: 04/18/2005)
2005-05-0514MOTION for Deadline for Production of Vaughn Index, if any, and Expedited Consideration and Incorporated Memorandum of Law by Pensacola News-Journal, The News-Press, Cape Publications, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Lake, James) (Entered: 05/05/2005)
2005-05-0515NOTICE by Pensacola News-Journal, The News-Press, Cape Publications, Inc. Regarding Proposed Orders (Lake, James) (Entered: 05/05/2005)
2005-05-1216Unopposed MOTION to Conduct Case Management Conference by Telephone and Incorporated Memorandum of Law by Pensacola News-Journal, The News-Press, Cape Publications, Inc.. (Lake, James) (Entered: 05/12/2005)
2005-05-1317ENDORSED ORDER granting 16 Unopposed Motion to Conduct Case Management Conference by Telephone. Signed by Judge Douglas N. Frazier on 5/13/2005. (brh) (Entered: 05/13/2005)
2005-05-1718NOTICE of withdrawal of motion by The News-Press (Lake, James) (Entered: 05/17/2005)
2005-05-1719CASE MANAGEMENT REPORT. (Lake, James) (Entered: 05/17/2005)
2005-05-1820ORDER granting 18 Notice of Withdrawing Motion for Deadline for Production of Vaughn Index, and denying as moot 14 Motion for Deadline for Production of Vaughn Index, If Any, and Expedited Consideration. Signed by Judge Douglas N. Frazier on 5/18/2005. (brh) (Entered: 05/18/2005)
2005-05-3121CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 11/28/2005 09:00 AM in Courtroom A before Judge John E. Steele. Bench Trial set for trial term 12/5/2005 before Judge John E. Steele. (See Order for all deadlines)Signed by Judge Douglas N. Frazier on 5/31/2005. (BJH, ) (Entered: 05/31/2005)
2005-06-0122MOTION for leave to file Second Amended Complaint by Pensacola News-Journal, The News-Press, Cape Publications, Inc.. (Attachments: # 1 Second Amended Complaint)(Lake, James) (Entered: 06/01/2005)
2005-06-0223ENDORSED ORDER denying 22 Motion for Leave to File Second Amended Complaint for failure to comply with Rule 3.01(g), M.D. Fla. Rules. Signed by Judge Douglas N. Frazier on 6/2/2005.(bas) (Entered: 06/02/2005)
2005-06-0224Amended MOTION for leave to file to File Second Amended Complaint (Unopposed) by Pensacola News-Journal, The News-Press, Cape Publications, Inc.. (Attachments: # 1 )(Lake, James) (Entered: 06/02/2005)
2005-06-0325ENDORSED ORDER granting 24 Amended and Unopposed Motion for Leave to File Second Amended Complaint. Signed by Judge Douglas N. Frazier on 6/3/2005.bas) (Entered: 06/03/2005)
2005-06-0326Unopposed MOTION to amend/correct Case Management and Scheduling Order and Incorporated Memorandum of Law by Pensacola News-Journal, The News-Press, Cape Publications, Inc.. (Attachments: # 1 Exhibit A)(Lake, James) (Entered: 06/03/2005)
2005-06-0327SECOND AMENDED COMPLAINT against United States Department of Homeland Security, Federal Emergency Management Agency, filed by Pensacola News-Journal, The News-Press, Cape Publications, Inc.. Related document: 6 Amended complaint, filed by Cape Publications, Inc., The News-Press, Pensacola News-Journal.(slu) (Entered: 06/07/2005)
2005-06-1028NOTICE by Pensacola News-Journal, The News-Press, Cape Publications, Inc. of Stipulation Regarding Mediator (Lake, James) (Entered: 06/10/2005)
2005-06-1629ORDER granting 26 Unopposed Motion for Amendment of Case Management and Scheduling Order. The following are the new scheduling dates: Service of any factual support relied upon by the Department, such as declarations, affidavits, or a Vaughn index - July 27, 2005; Service of Department's summary judgment motion - August 10, 2005; Service of the Newspapers' response to the Department's summary judgment motion, completion of any discovery relating to the Department's factual support, and service of the Newspapers' summary judgment motion - September 7, 2005; and Response by Department to Newspapers' summary judgment motion - September 28, 2005. Signed by Judge Douglas N. Frazier on 6/16/2005. (brh) . Signed by Judge Douglas N. Frazier on 6/16/2005. (brh, ) (Entered: 06/16/2005)
2005-06-2330Defendants' ANSWER to amended complaint by United States Department of Homeland Security.(Steinbeck, Mark) (Entered: 06/23/2005)
2005-07-2731Defendants' Vaughn Indices And Affidavits Describing Withheld Documents And Information And Summary Explanation re 14 MOTION for Deadline for Production of Vaughn Index, if any, and Expedited Consideration and Incorporated Memorandum of Law Containing Vaughn Indices and Affidavits describing withheld documents by United States Department of Homeland Security. (Attachments: # 1 Exhibit A- Declaration of Berl Jones# 2 Exhibit B - Index re 019# 3 Exhibit C- Declaration of Willie Taylor# 4 Exhibit D- Index re 113)(Steinbeck, Mark) Modified on 7/28/2005 to correct title of pleading (drn). (Entered: 07/27/2005)
2005-07-2832NOTICE by United States Department of Homeland Security of Filing Redacted Documents Disclosed in Response to Plaintiff's FOIA Request No 05-019 (Attachments: # 1 Exhibit docs 1-56# 2 Exhibit docs 57-94# 3 Exhibit docs 95-157)(Steinbeck, Mark) (Entered: 07/28/2005)
2005-07-2833NOTICE by United States Department of Homeland Security of Filing Redacted Documents Disclosed in Response to Plaintiffs' FOIA Request No. 05-113 PB Inspections (Attachments: # 1 Exhibit docs 1-45# 2 Exhibit docs 46-100# 3 Exhibit docs 101-150# 4 Exhibit docs 1510-0190)(Steinbeck, Mark) (Entered: 07/28/2005)
2005-07-2834NOTICE by United States Department of Homeland Security of Filing Redacted Documents Disclosed in Response to Plaintiffs' FOIA Request No. 05-113 PaRR Inspections (Attachments: # 1 Exhibit PaRR docs 1-45# 2 Exhibit PaRR docs 46-100# 3 Exhibit PaRR docs 101-144# 4 Exhibit PaRR docs 0145-0189# 5 Exhibit PaRR docs 0190-0196)(Steinbeck, Mark) (Entered: 07/28/2005)
2005-08-0935MOTION for leave to file to File Motion Exceeding Page Limitations by United States Department of Homeland Security. (Steinbeck, Mark) (Entered: 08/09/2005)
2005-08-1036ENDORSED ORDER granting 35 Motion for leave to file motion exceeding page limitations. Defendants are permitted to file a motion for summary judgment which is 35 pages or less. Signed by Judge Douglas N. Frazier on 8/10/2005. (brh) (Entered: 08/10/2005)
2005-08-1037MOTION for summary judgment by United States Department of Homeland Security. (Attachments: # 1 Exhibit Declaration of Brock# 2 Exhibit Declaration of Craig# 3 Exhibit Declaration of Lewis)(Steinbeck, Mark) (Entered: 08/10/2005)
2005-08-1038NOTICE by United States Department of Homeland Security re 34 Notice (Other), Notice (Other) of Filing Amended Vaughn Indices Pertaining to Requests 05-019 and 05-113 (Attachments: # 1 Exhibit Amended Vaughn Index 05-019# 2 Exhibit Amended Vaughn Index 05-113)(Steinbeck, Mark) (Entered: 08/10/2005)
2005-08-1239MOTION for leave to file File Executed Declarations in Support of Defendants' Motion for Summary Judgment, Out of time by United States Department of Homeland Security. (Attachments: # 1 Exhibit A Robert Brock# 2 Exhibit B Daniel Craig# 3 Exhibit C Chandra Lewis# 4 Exhibit D Kristen Shedd)(Steinbeck, Mark) (Entered: 08/12/2005)
2005-08-1540RESPONSE to motion re 39 MOTION for leave to file File Executed Declarations in Support of Defendants' Motion for Summary Judgment, Out of time filed by Pensacola News-Journal, The News-Press, Cape Publications, Inc.. (Lake, James) (Entered: 08/15/2005)
2005-08-1941MOTION for leave to file Defendants' Reply to Plaintiffs' Response to Defendants' Motion for Leave to File Executed Declarations Out of Time by United States Department of Homeland Security. (Attachments: # 1 Supplement Defendants' Proposed Reply)(Steinbeck, Mark) (Entered: 08/19/2005)
2005-08-2242ENDORSED ORDER granting 41 Motion for Leave to Reply to Plaintiffs' Response to Defendants' Motion for Leave to File Executed Declarations Out of Time. The Clerk is directed to file the Reply separately. Signed by Judge Douglas N. Frazier on 8/22/2005. (brh) (Entered: 08/22/2005)
2005-08-2243REPLY to response to motion re 41 MOTION for leave to file Defendants' Reply to Plaintiffs' Response to Defendants' Motion for Leave to File Executed Declarations Out of Time filed by United States Department of Homeland Security, Federal Emergency Management Agency. (drn) (Entered: 08/24/2005)
2005-08-3144NOTICE by United States Department of Homeland Security of Filing Redacted Documents Disclosed in Response to Plaintiffs' FOIA Request No 05-019 (Attachments: # 1 Exhibit A - Redacted All Tech docs# 2 Exhibit B- Redacted Section K's)(Steinbeck, Mark) (Entered: 08/31/2005)
2005-09-0745Unopposed MOTION for Leave to Exceed Page Limit by Pensacola News-Journal, The News-Press, Cape Publications, Inc.. (Lake, James) (Entered: 09/07/2005)
2005-09-0746MOTION for summary judgment and Request for Oral Argument by Pensacola News-Journal, The News-Press, Cape Publications, Inc.. (Lake, James) (Entered: 09/07/2005)
2005-09-0747NOTICE by Pensacola News-Journal, The News-Press, Cape Publications, Inc. of Filing Declaration of Jeff Cull (Attachments: # 1 part 1# 2 part 2# 3 part 3# 4 part 4# 5 part 5# 6 part 6# 7 part 7# 8 part 8)(Lake, James) (Entered: 09/07/2005)
2005-09-0748MEMORANDUM in support re 46 Motion for summary judgment filed by Pensacola News-Journal, The News-Press, Cape Publications, Inc.. (Attachments: # 1 Exhibit A)(Lake, James) (Entered: 09/07/2005)
2005-09-0749NOTICE by Pensacola News-Journal, The News-Press, Cape Publications, Inc. of Filing Declaration of Senator Bill Nelson (Attachments: # 1 Declaration)(Lake, James) (Entered: 09/07/2005)
2005-09-0850ENDORSED ORDER granting 45 Unopposed Motion for Leave to Exceed Page Limit. Plaintiffs are permitted to file a memorandum of no more than 30 pages in support of Plaintiffs' two-page Motion for Summary Judgment and in opposition to Defendants' Motion for Summary Judgment. Signed by Judge Douglas N. Frazier on 9/8/2005. (brh) (Entered: 09/08/2005)
2005-09-1951NOTICE of Hearing:Oral Argument Hearing 46 set for 9/30/2005 at 02:00 PM in Courtroom A before Judge John E. Steele. (BMA ) (Entered: 09/19/2005)
2005-09-1952RESPONSE re 46 MOTION for summary judgment and Request for Oral Argument by United States Department of Homeland Security. (Attachments: # 1 Exhibit Inglis Declaration# 2 Exhibit Olinger Declaration)(Steinbeck, Mark) (Entered: 09/19/2005)
2005-09-2653MOTION Joint Motion to Dispense with Mediation by United States Department of Homeland Security. (Steinbeck, Mark) (Entered: 09/26/2005)
2005-09-2754ENDORSED ORDER granting 53 Joint Motion to Dispense with Mediation. The parties are not required to attend a mediation in this case. Signed by Judge Douglas N. Frazier on 9/27/2005. (brh) (Entered: 09/27/2005)
2005-09-2855MOTION For In Camera Review And Incorporated Memorandum of Law by Pensacola News-Journal, The News-Press, Cape Publications, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Lake, James) (Entered: 09/28/2005)
2005-09-2956NOTICE by Pensacola News-Journal, The News-Press, Cape Publications, Inc. re 48 Memorandum in support of Withdrawal of Citation (Lake, James) (Entered: 09/29/2005)
2005-10-0466MINUTE ENTRY for proceedings held before Judge John E. Steele on 9/30/2005. Court Reporter: Jeffrey G. Thomas (BMA ) (Entered: 11/04/2005)
2005-10-0557NOTICE by United States Department of Homeland Security of Additional Legal Authorities (Steinbeck, Mark) (Entered: 10/05/2005)
2005-10-0558NOTICE by Pensacola News-Journal, The News-Press, Cape Publications, Inc. re 46 MOTION for summary judgment and Request for Oral Argument of Additional Authority (Lake, James) (Entered: 10/05/2005)
2005-10-0659SUMMARY JUDGMENT NOTICE re 37 MOTION for summary judgment, 46 MOTION for summary judgment and Request for Oral Argument . (drn) (Entered: 10/06/2005)
2005-10-0760ORDER granting in part and denying in part 55 Plaintiffs' Motion for In Camera Review and Incorporated Memorandum of Law. Defendant shall file with the Court within TEN (10) DAYS of the date of this Order the following documents: Docs. #31, 38, Index Entries 28, 30-33, 47-49, 54-56, and 65-69 for an in camera review. The Motion is denied with respect to Docs. #31, 38, Index Entries 40, 62. (See Order for details). Signed by Judge John E. Steele on 10/7/2005. (ATZ) (Entered: 10/07/2005)
2005-10-1861MOTION to alter judgment or Amend Judgment and Incorporated Memorandum of Law by United States Department of Homeland Security. (Attachments: # 1 Exhibit Proposed Response)(Steinbeck, Mark) (Entered: 10/18/2005)
2005-10-2162MOTION to continue pre-trial deadlines, pre-trial conference, and trial by United States Department of Homeland Security. (Steinbeck, Mark) (Entered: 10/21/2005)
2005-10-2163ORDER granting in part and denying in part 61 Motion to alter judgment. See Order for details. Defendant shall file with the Court on or before Monday, October 31, 2005, the following documents: Docs. #31, #38, Index Entries 28, 30-33, 47-49, 54-56, and 65-69 for an in camera review. Signed by Judge John E. Steele on 10/21/2005. (RKM) (Entered: 10/21/2005)
2005-10-2664TRANSCRIPT of Oral Argument on Cross Motions for Summary Judgment held on 09/30/05 before Judge John E. Steele. Court Reporter: Jeffrey Thomas. (kma) Additional attachment(s) added on 10/27/2005 (kma, ). (Entered: 10/26/2005)
2005-10-2665ORDER granting 62 Joint Motion to Postpone Pretrial Deadlines, Pretrial Conference and Trial. See Order for details. The Clerk's Office is directed to distribute this Order to the District Court and to the District Court Courtroom Deputy. Signed by Judge Douglas N. Frazier on 10/26/2005. (brh) (Entered: 10/26/2005)
2005-10-31Sealed document. (drn) (Entered: 11/01/2005)
2005-11-0467ORDER granting nunc pro tunc 46 Plaintiffs' Request for Oral Argument. (See Order for details). Signed by Judge John E. Steele on 11/4/2005. (ATZ) (Entered: 11/04/2005)
2005-11-0468ORDER granting 39 Defendant's Motion for Leave to File Executed Declarations in Support of Defendant's Motion for Summary Judgment, Out of Time. (See Order for details). Signed by Judge John E. Steele on 11/4/2005. (ATZ) (Entered: 11/04/2005)
2005-11-0469OPINION AND ORDER granting in part and denying in part 37 Defendant's Motion for Summary Judgment, and granting in part and denying in part 46 Plaintiffs' Motion for Summary Judgment. The Clerk of the Court shall see the Order for instructions to enter judgment. The Clerk shall also close the case. (See Order for details). Signed by Judge John E. Steele on 11/4/2005. (ATZ) (Entered: 11/04/2005)
2005-11-0770JUDGMENT (Signed by Deputy Clerk). (drn) (Entered: 11/07/2005)
2005-11-3071NOTICE OF APPEAL as to 70 Judgment by Pensacola News-Journal, The News-Press, Cape Publications, Inc.. (Filing fee not paid) (Attachments: # 1 )(Lake, James) (Entered: 11/30/2005)
2005-12-02Filing fee received $255.00, receipt number F007268. (drn) (Entered: 12/02/2005)
2005-12-02TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 71 Notice of appeal. Transcript information form sent. (kma) (Entered: 12/02/2005)
2005-12-2372TRANSCRIPT information form filed by The News-Press re 71 Notice of appeal. USCA number: 05-16771-F. (kma) (Entered: 12/23/2005)
2006-01-0373CERTIFICATE of readiness sent to USCA re: 71 Notice of appeal. ROA consists of: volume of pleadings: 5 volume of transcripts: 1 USCA number: 05-16771FF (kma) (Entered: 01/03/2006)
2006-04-03RECORD on appeal sent to USCA re 71 Notice of appeal. Transmittal includes certified copy of docket sheet, volume of pleadings: 5, volume of transcripts: 1, USCA number 05-16771-FF (slp) (Entered: 04/03/2006)
2006-04-0474NOTICE of Appearance by David C. Borucke on behalf of Pensacola News-Journal, The News-Press (Borucke, David) (Entered: 04/04/2006)
2006-04-0475NOTICE of Appearance by David C. Borucke on behalf of Cape Publications, Inc. (Borucke, David) (Entered: 04/04/2006)
2006-04-0476NOTICE of Appearance by Steven L. Brannock on behalf of Pensacola News-Journal, The News-Press (Brannock, Steven) (Entered: 04/04/2006)
2006-04-0477NOTICE of Appearance by Steven L. Brannock on behalf of Cape Publications, Inc. (Brannock, Steven) (Entered: 04/04/2006)
2007-08-0978NOTICE of Appearance by Charles David Tobin on behalf of Pensacola News-Journal, The News-Press, Cape Publications, Inc. (Tobin, Charles) (Entered: 08/09/2007)
2007-08-1579Notice of substitution of AUSA. Warren A. Zimmerman substituting for Mark A. Steinbeck. (Zimmerman, Warren) (Entered: 08/15/2007)
2007-08-2280USCA judgment reversing and remanding the decision of the district court as to 71 Notice of appeal filed by The News-Press, Cape Publications, Inc. and Pensacola News-Journal. Entered on docket 06/22/07. USCA number: 05-16771. Issued as mandate: 08/20/07. (kma) (Entered: 08/22/2007)
2007-08-2281USCA BILL OF COSTS taxed against appellee in the amount of 235.05. EOD: 07/05/07 USCA #05-16771FF (kma) (Entered: 08/22/2007)
2007-08-2282MOTION for judgment for Entry of Judgment, With Request for Expedited Consideration by Pensacola News-Journal, The News-Press, Cape Publications, Inc.. (Attachments: # 1 Text of Proposed Order Exhibit 1)(Tobin, Charles) (Entered: 08/22/2007)
2007-08-2383RESPONSE to motion re 82 MOTION for judgment for Entry of Judgment, With Request for Expedited Consideration filed by United States Department of Homeland Security, Federal Emergency Management Agency. (Attachments: # 1 Text of Proposed Order)(Zimmerman, Warren) (Entered: 08/23/2007)
2007-08-2484First MOTION for Rachel E. Fugate, James B. Lake and Gregg D. Thomas to withdraw as attorney by all plaintiffs. (Fugate, Rachel) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 08/24/2007)
2007-08-2485MINUTE ENTRY for proceedings held before Judge John E. Steele : Telephone Conference held on 8/24/2007. Court Reporter: Jeffrey G. Thomas. (BMA ) (Entered: 08/24/2007)
2007-08-2486ORDER vacating 70 Judgment, granting 82 Motion for judgment, granting in part and denying in part 37 Motion for Summary Judgment, 46 Motion for Summary Judgment. The Clerk shall enter an amended judgment on the 27 Second Amended Complaint as provided in the Order. Signed by Judge John E. Steele on 8/24/2007. (RKM) (Entered: 08/24/2007)
2007-08-2787ENDORSED ORDER granting 84 Motion for Withdrawal as Counsel for the Plaintiffs' by Rachel E. Fugate, James B. Lake and Gregg D. Thomas. The Plaintiffs' will continue to be represented by the firm of Holland & Knight and remaining counsel, to-wit: Steven L. Brannock, David C. Borucke and Charles D. Tobin. The Clerk is directed to amend the service list accordingly. Signed by Judge Douglas N. Frazier on 8/27/2007. (bas) (Entered: 08/27/2007)
2007-08-2988AMENDED JUDGMENT (Signed by Deputy Clerk) (js) (Entered: 08/29/2007)
2007-09-0789TRANSCRIPT of Hearing Held Via Telephone held on 08/24/07 before Judge John E. Steele re 71 Notice of appeal. Court Reporter: Jeffrey G. Thomas. Filed separately. (slp) (Entered: 09/10/2007)
2007-09-1290NOTICE of Appearance by Jennifer A. Mansfield on behalf of Pensacola News-Journal, The News-Press, Cape Publications, Inc. (Mansfield, Jennifer) (Entered: 09/12/2007)
2007-09-1291MOTION for attorney fees by Pensacola News-Journal, The News-Press, Cape Publications, Inc.. (Mansfield, Jennifer) (Entered: 09/12/2007)
2007-09-1292NOTICE of Appearance by Timothy J. Conner on behalf of Pensacola News-Journal, The News-Press, Cape Publications, Inc. (Conner, Timothy) (Entered: 09/12/2007)
2007-09-1293NOTICE by Pensacola News-Journal, The News-Press, Cape Publications, Inc. re 91 MOTION for attorney fees Notice of Filing Declaration of Charles D. Tobin (Attachments: # 1 Affidavit Declaration of Charles D. Tobin# 2 Exhibit Exhibit 1 to Declaration# 3 Exhibit 2 to Declaration# 4 Exhibit 3 to Declaration)(Mansfield, Jennifer) (Entered: 09/12/2007)
2007-09-1294NOTICE by Pensacola News-Journal, The News-Press, Cape Publications, Inc. re 91 MOTION for attorney fees Notice of Filing Declaration of CIndy McCurry-Ross (Attachments: # 1 Declaration of Cindy McCurry-Ross# 2 Exhibit 1 to Declaration)(Mansfield, Jennifer) (Entered: 09/12/2007)
2007-09-1295NOTICE by Pensacola News-Journal, The News-Press, Cape Publications, Inc. Notice of Filing Appellate Documents re Attorneys' Fees (Attachments: # 1 Appellants' Motion for Attorneys' Fees# 2 Appellees' Opposition to Motion for Attorneys' Fees# 3 Appellants' Reply Memorandum in Support of Attorneys' Fees)(Mansfield, Jennifer) (Entered: 09/12/2007)
2007-09-1296PROPOSED BILL OF COSTS by Pensacola News-Journal, The News-Press, Cape Publications, Inc.. (Mansfield, Jennifer) (Entered: 09/12/2007)
2007-09-1297DECLARATION of Jennifer A. Mansfield re 96 Bill of costs - proposed by Pensacola News-Journal, The News-Press, Cape Publications, Inc.. (Mansfield, Jennifer) (Entered: 09/12/2007)
2007-09-1798BILL OF COSTS taxed against United States Department of Homeland Security and Federal Emergency Management Agency in the amount of 487.10. Signed by Deputy Clerk. (js) (Entered: 09/17/2007)
2007-09-2699Unopposed MOTION for Extension of Time to File Response/Reply as to 91 MOTION for attorney fees by United States Department of Homeland Security, Federal Emergency Management Agency. (Zimmerman, Warren) (Entered: 09/26/2007)
2007-10-03100ENDORSED ORDER granting 99 Defendant's Uncontested Motion for Enlargement of Time to Respond to Plaintiffs' Motion for Attorneys' Fees up to and including October 22, 2007. Signed by Judge Douglas N. Frazier on 10/3/2007. (bas) (Entered: 10/03/2007)
2007-10-22101MOTION to stay Proceedings on Plaintiff's Motion for Attorneys' Fees re 91 MOTION for attorney fees by United States Department of Homeland Security, Federal Emergency Management Agency. (Zimmerman, Warren) (Entered: 10/22/2007)
2007-10-25102RESPONSE in opposition re 101 MOTION to stay Proceedings on Plaintiff's Motion for Attorneys' Fees re 91 MOTION for attorney fees filed by Pensacola News-Journal, The News-Press, Cape Publications, Inc.. (Tobin, Charles) (Entered: 10/25/2007)
2007-12-14103NOTICE of Settlement by United States Department of Homeland Security, Federal Emergency Management Agency (Zimmerman, Warren) (Entered: 12/14/2007)
2007-12-14104ORDER granting 101 Motion to stay in light of the pending settlement. The Court will defer ruling on plaintiffs' 91 Motion for fees and request for oral argument for a period of 60 days. Signed by Judge John E. Steele on 12/14/2007. (RKM) (Entered: 12/14/2007)
2008-02-12105MOTION to extend time to February 26, 2008, for Stay of Proceedings Pending Consummation of Settlement by United States Department of Homeland Security, Federal Emergency Management Agency. (Zimmerman, Warren) (Entered: 02/12/2008)
2008-02-14106ORDER granting 105 Motion to Extend Stay Through February 26, 2008. The stay in this matter is continued until February 26, 2008. Signed by Magistrate Judge Douglas N. Frazier on 2/14/2008. (brh) (Entered: 02/14/2008)
2008-02-22107STIPULATION of Dismissal With Prejudice by Pensacola News-Journal, The News-Press, Cape Publications, Inc.. (Tobin, Charles) (Entered: 02/22/2008)
2008-02-22108MINUTE ENTRY. Proceedings held before Judge John E. Steele (not recorded): Telephone Conference regarding 107 Joint Stipulation of Dismissal With Prejudice held on 2/22/2008. (RKM) (Entered: 02/22/2008)
2008-02-22109ORDER terminating 91 Motion for attorney fees as moot. The case shall remain closed as no further matters are pending before the Court. Signed by Judge John E. Steele on 2/22/2008. (RKM) (Entered: 02/22/2008)
2008-03-07110ORDER of USCA that the motion to wihdraw appellants' attorneys' fees motions and to close these appeal is granted as to 71 Notice of appeal filed by The News-Press, Cape Publications, Inc., Pensacola News-Journal. EOD: 03/05/2008; USCA number: 05-16771FF. (kma) (Entered: 03/12/2008)
2008-07-02111MOTION to intervene as Plaintiff by Jonathan Lee Riches. (JS) Motions referred to Magistrate Judge Douglas N. Frazier. Document stricken, removed from the Court record, and returned ot Jonathan Lee Riches pursuant to Doc. 112 Modified on 7/29/2008 (JS). (Entered: 07/09/2008)
2008-07-23112ORDER denying 111 Motion to Intervene as Plaintiff, Motion to Enforce Consent Decree, and Motion for Counsel. The Clerk is directed to strike the Motion to Intervene as Plaintiff, Motion to Enforce Consent Decree, and Motion for Counsel (Doc. 111) from the record and return it to Jonathan Lee Riches. Signed by Magistrate Judge Douglas N. Frazier on 7/23/2008. (brh) (Entered: 07/23/2008)
2008-08-07113NOTICE OF APPEAL as to 112 Order on motion to intervene by Jonathan Lee Riches. Filing fee not paid. (kma) (Entered: 08/07/2008)
2008-09-29114ORDER of USCA dismissing this appeal for lack of jurisdiction as to 113 Notice of appeal filed by Jonathan Lee Riches. EOD: 09/25/08; USCA number: 08-14704J. (kma) (Entered: 10/02/2008)
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