Case Detail

FOIA Project Annotation: Judge Emmet Sullivan has ruled that the FAA has shown that certain redactions it made to records concerning a review of the New York Terminal Radar Control facility were covered by Exemption 5 (deliberative process privilege), but that names of employees contained in records provided by Crown Consulting, an FAA contractor, have not been shown to be covered by Exemption 4 (confidential business information). The report of the New York Terminal was made in response to allegations of operational errors and understaffing at the facility. The report was requested by the National Air Traffic Controllers Association, which sued to contest the withholdings under Exemptions 4 and 5. Sullivan noted that the agency had indicated that Crown objected to the release of employee information because it would allow competitors the opportunity to hire away staff members. He observed that "there is no evidence in the record indicating whether this contractor information was voluntarily submitted or required by the FAA." As a result, Sullivan said he would analyze the issue as if submission of the information was required. He observed that "at this point, the FAA has only provided conclusory statements about competitive harm to Crown Consulting due to employee raiding. The FAA has not provided any authority for the assertion that this possibility of harm alone is sufficient for withholding under Exemption 4." Turning to Exemption 5, he pointed out that "at issue here is the withholding of and redactions in many documents that are emails transmitted among the FAA assessment team or drafts of charts and reports for the N.Y. TRANCON Overview. . . The Court finds that all the withheld or redacted material was predecisional in that it was created before the publication of the Overview on June 2, 2005. The Court also finds that the withheld or redacted documents are all deliberative in that they involve drafting, researching, and editing for the Overview report. In fact, numerous entries describe drafts of specific sections of the reports or drafts of particular data sets used in the report. Therefore, the Court finds that the FAA has properly asserted deliberative process privilege for the documents described in the Vaughn index."
Issues: Exemption 4 - Confidential business information, Exemption 5 - Privileges - Deliberative process privilege - Deliberative

Date Filed	Doc #	Docket Text
2006-01-12	1	COMPLAINT against FEDERAL AVIATION ADMINISTRATION (Filing fee $ 250) filed by NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION, AFL-CIO.(jf, ) (Entered: 01/18/2006)
2006-01-12		Summons (1) Issued as to FEDERAL AVIATION ADMINISTRATION. (jf, ) (Entered: 01/18/2006)
2006-01-18	2	NOTICE of Filing by NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION, AFL-CIO (nmw, ) (Entered: 01/18/2006)
2006-01-18		SUMMONS (2) Issued as to U.S. Attorney and U.S. Attorney General (td, ) (Entered: 01/18/2006)
2006-02-13	3	SUMMONS Returned Executed by NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION, AFL-CIO. FEDERAL AVIATION ADMINISTRATION served on 1/20/2006, answer due 2/21/2006. (Graf, Marguerite) (Entered: 02/13/2006)
2006-02-13	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 01/25/2006. (Graf, Marguerite) (Entered: 02/13/2006)
2006-02-13	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. (Graf, Marguerite) (Entered: 02/13/2006)
2006-02-16	6	NOTICE of Appearance by Heather D. Graham-Oliver on behalf of FEDERAL AVIATION ADMINISTRATION (Graham-Oliver, Heather) (Entered: 02/16/2006)
2006-02-24	7	First MOTION for Extension of Time to File Answer re 1 Complaint Or to Otherwise Plead by FEDERAL AVIATION ADMINISTRATION. (Graham-Oliver, Heather) (Entered: 02/24/2006)
2006-02-28		MINUTE ORDER granting 7 Motion for Extension of Time. Response to plaintiff's complaint due 3/29/2006. Signed by Judge Emmet G. Sullivan on February 28, 2006. (lcegs1) (Entered: 02/28/2006)
2006-02-28		Set/Reset Deadlines: Answer due by 3/29/2006. (clv, ) (Entered: 02/28/2006)
2006-03-29	8	DEFENDANT'S ANSWER to 1 Complaint by FEDERAL AVIATION ADMINISTRATION. Related document: 1 Complaint filed by NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION, AFL-CIO,.(Graham-Oliver, Heather) Modified on 3/30/2006 (nmw, ). (Entered: 03/29/2006)
2006-03-31	9	NOTICE of Filing Proposed Scheduling Order by FEDERAL AVIATION ADMINISTRATION (Graham-Oliver, Heather) (Entered: 03/31/2006)
2006-04-03		MINUTE ORDER. Defendant's motion for summary judgment is due no later than May 26, 2006, plaintiff's opposition by June 26, 2006, and reply, if any, is due July 11, 2006. Signed by Judge Emmet G. Sullivan on April 3, 2006. (lcegs2) (Entered: 04/03/2006)
2006-04-03		Set Deadlines/Hearings: Defendant's Motion for Summary Judgmentdue by 5/26/2006. Plaintiff's Opposition due by 6/26/2006. Reply, if any, due by 7/11/2006. (jwd) (Entered: 04/03/2006)
2006-04-12	10	ORDER Initial Conference set for 5/10/2006 11:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. Setting forth further instruction to counsel.. Signed by Judge Emmet G. Sullivan on 4/12/06. (clv, ) (Entered: 04/12/2006)
2006-04-27		MINUTE ORDER re 10 Order, Set Hearings. The Court's Order of 4/12/06 is VACATED, and the hearing scheduled for May 10, 2006 is cancelled. Signed by Judge Emmet G. Sullivan on April 27, 2006. (lcegs1) (Entered: 04/27/2006)
2006-05-25	11	Consent MOTION for Extension of Time to File Dispositive Motion by FEDERAL AVIATION ADMINISTRATION. (Graham-Oliver, Heather) (Entered: 05/25/2006)
2006-05-26		MINUTE ORDER granting 11 Consent Motion for Revised Briefing Schedule. Defendant's motion for summary judgment is due no later than June 2, 2006; plaintiff's opposition is due no later than July 7, 2006; and defendant's reply is due no later than July 17, 2006. Signed by Judge Emmet G. Sullivan on May 26, 2006. (lcegs2) (Entered: 05/26/2006)
2006-05-26		Set Deadlines/Hearings: Defendant's Motion for Summary Judgment due by 6/2/2006. Plaintiff's due by 7/7/2006. Defendant's Reply to Plaintiff's Opposition due by 7/17/2006. (jwd) (Entered: 05/26/2006)
2006-06-01	12	Third MOTION for Extension of Time to File Answer re 1 Complaint Or Otherwise Plead to Plaintiff's Complaint by FEDERAL AVIATION ADMINISTRATION. (Graham-Oliver, Heather) (Entered: 06/01/2006)
2006-06-01		MINUTE ORDER granting 12 Motion for Extension of Time. Defendant?s Motion for Summary Judgment is due no later than June 9, 2006; Plaintiff?s Opposition is due July 14, 2006; and Defendant?s Reply is due July 27, 2006. Signed by Judge Emmet G. Sullivan on June 1, 2006. (lcegs1) (Entered: 06/01/2006)
2006-06-09	13	MOTION for Summary Judgment by FEDERAL AVIATION ADMINISTRATION. (Attachments: # 1 Affidavit Yohe Declaration# 2 Affidavit Fossey Declaration# 3 NATCA Vaughn Index# 4 Affidavit Skojec Declaration)(Graham-Oliver, Heather) (Entered: 06/09/2006)
2006-07-13	14	Consent MOTION for Extension of Time to File Opposition to Summary Judgment by NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION, AFL-CIO. (Graf, Marguerite) (Entered: 07/13/2006)
2006-07-14		MINUTE ORDER granting 14 Motion for Extension of Time. Response due 8/4. Reply due 8/24. Signed by Judge Emmet G. Sullivan on July 14, 2006. (lcegs1) (Entered: 07/14/2006)
2006-07-18		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 8/4/2006. Reply to Motion for Summary Judgment due by 8/24/2006. (adc) (Entered: 07/18/2006)
2006-08-04	15	Memorandum in opposition to re 13 MOTION for Summary Judgment filed by NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION, AFL-CIO. (Graf, Marguerite) (Entered: 08/04/2006)
2006-09-07	16	MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment by FEDERAL AVIATION ADMINISTRATION. (Graham-Oliver, Heather) (Entered: 09/07/2006)
2006-09-08		MINUTE ORDER. Notwithstanding Defendant's erroneous understanding of the due date for this filing, which was August 24, 2006, the court grants Defendant's 16 Motion for Extension of Time to File Reply/Response. Defendant's response/reply is due no later than September 20, 2006. Signed by Judge Emmet G. Sullivan on 9/8/06. (lcegs1) (Entered: 09/08/2006)
2006-09-11		Set/Reset Deadlines: Responses due by 9/20/2006 (clv, ) (Entered: 09/11/2006)
2006-09-20	17	REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by FEDERAL AVIATION ADMINISTRATION. (Attachments: # 1 Affidavit Declaration of Robert Ramseth)(Graham-Oliver, Heather) (Entered: 09/20/2006)
2006-09-26	18	Consent MOTION for Extension of Time to File Response/Reply to Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment by NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION, AFL-CIO. (Graf, Marguerite) (Entered: 09/26/2006)
2006-09-26		MINUTE ORDER granting 18 Plaintiff's Motion for Extension of Time. Plaintiff's Reply regarding Plaintiff's Cross-Motion for Summary Judgment is due no later than October 6, 2006. Signed by Judge Emmet G. Sullivan on September 26, 2006. (lcegs1) (Entered: 09/26/2006)
2006-09-27		Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 10/6/2006. (clv, ) (Entered: 09/27/2006)
2006-10-06	19	REPLY to opposition to motion re 18 Consent MOTION for Extension of Time to File Response/Reply to Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment , 16 MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment filed by NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION, AFL-CIO. (Graf, Marguerite) (Entered: 10/06/2006)
2007-02-12	20	ORDER granting in part and denying in part 13 Defendant's Motion for Summary Judgment, granting in part and denying in part 15 Plaintiff's Cross-Motion for Summary Judgment, and ordering defendant to submit an additional explanation no later than April 2, 2007. See accompanying memorandum opinion. Signed by Judge Emmet G. Sullivan on February 12, 2007. (lcegs1) (Entered: 02/12/2007)
2007-02-12	21	MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on February 12, 2007. (lcegs1) (Entered: 02/12/2007)
2007-02-13		Set/Reset Deadlines: Supplemental Memorandum due by 4/2/2007. (clv, ) (Entered: 02/13/2007)
2007-04-02	22	NOTICE OF RELEASE IN FOIA ACTION by FEDERAL AVIATION ADMINISTRATION (Graham-Oliver, Heather) (Entered: 04/02/2007)
2007-04-27		MINUTE ORDER. In light of 22 defendant's notice, it appears that all disputes remaining in this case are moot and that a final order can be issued. Therefore, the parties are directed to file a joint status report indicating whether this assessment is correct, and what other proceedings in this case are appropriate. The parties' joint report is due no later than May 18, 2007. Signed by Judge Emmet G. Sullivan on April 27, 2007. (lcegs1) (Entered: 04/27/2007)
2007-04-27		Set/Reset Deadlines: Status Report due by 5/18/2007. (clv, ) (Entered: 04/27/2007)
2007-05-18	23	STATUS REPORT and Stipulation of Vol. Dismissal by NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION, AFL-CIO. (Graf, Marguerite) (Entered: 05/18/2007)
2007-05-18		MINUTE ORDER. Based on 23 the Stipulation of Voluntary Dismissal, this case is DISMISSED pursuant to Fed. R. Civ. P. 41(a)(1)(ii). Signed by Judge Emmet G. Sullivan on May 18, 2007. (lcegs1) (Entered: 05/18/2007)
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