Case Detail

FOIA Project Annotation: A federal court in Colorado has ruled that a letter from a private contractor submitted with its bid proposal to construct a fence around the National Institute for Standards and Technology's Boulder Laboratory was properly withheld under Exemption 4 (confidential business information). The plaintiffs argued that other documents already released provided detailed information about the construction of the fence and that release of the letter would not cause harm. But the court noted that "contrary to the plaintiffs' assertion, those released do not 'undercut' the defendant's assertion that the company will suffer commercial injury as a result of the release of its letter. . .The submitter of the information was notified of the request and the assertion of the exemption is a reflection of the company's position. The [agency's] declaration supports the exemption." The court added that "the plaintiffs' protestations they have not received the information they want to have to oppose construction of the fence is not a basis for rejecting the exemptions claimed by the defendant." The plaintiffs also asked the court to preserve the suit so that they could request attorney's fees. Dismissing the suit, however, the court observed that "that suggestion is rejected. The plaintiffs are not the prevailing party."
Issues: Exemption 4 - Competitive harm, Litigation - Attorney's fees - Prevailing party

Date Filed	Doc #	Docket Text
2004-09-15	1	COMPLAINT (Summons(es) issued) (bpm) (Entered: 09/16/2004)
2004-09-15		FILING FEE PAID: on 9/15/04 in the amount of $ 150, receipt # 254629. (bpm) (Entered: 09/16/2004)
2004-10-15	2	RETURN RECEIPT FOR CERTIFIED MAIL upon defendant Donald W. Evans on 9/20/04 (lam) (Entered: 10/19/2004)
2004-10-15	3	RETURN RECEIPT FOR CERTIFIED MAIL upon defendant Zelda Chapman Bailey on 9/20/04 (lam) (Entered: 10/19/2004)
2004-10-15	4	RETURN RECEIPT FOR CERTIFIED MAIL upon defendant Richard Yamamoto on 9/23/04 (lam) (Entered: 10/19/2004)
2004-11-15	5	MOTION for Extension of Time to File Answer to 11/19/04 re: 1 Complaint by Defendants Zelda Chapman Bailey, Donald W. Evans, Richard Yamamoto. (lam, ) (Entered: 11/17/2004)
2004-11-16	6	MINUTE ORDER granting the 5 Motion for Extension of Time to Answer re 1 Complaint. Zelda Chapman Bailey answer due 11/19/2004; Donald W. Evans answer due 11/19/2004; Richard Yamamoto answer due 11/19/2004. By Judge Richard P. Matsch on 11/16/04. (lam, ) (Entered: 11/19/2004)
2004-11-19	7	ANSWER to Complaint by dftsZelda Chapman Bailey, Donald W. Evans, Richard Yamamoto.(gms, ) (Entered: 11/23/2004)
2004-12-16	8	MOTION to Amend 1 Complaint by Plaintiffs FightTheFence.org., Rob Edward, Mike Stabler. (gms, ) (Entered: 12/20/2004)
2004-12-16		TENDERED First Amended Complaint re: 8 MOTION to Amend 1 Complaint by Plaintiffs FightTheFence.org., Rob Edward, Mike Stabler. (gms, ) (Entered: 12/20/2004)
2004-12-17	9	ORDER: Scheduling Conference set for 2/18/2005 03:30 PM in Conference Room before Judge Richard P. Matsch. Signed by Judge Richard P. Matsch on 12/17/04. (gms, ) (Entered: 12/21/2004)
2004-12-17	10	MINUTE ORDER granting Plaintiff's 8 Motion to Amend Complaint by Judge Matsch on 12/17/04. (lam, ) (Entered: 12/22/2004)
2004-12-17	11	FIRST AMENDED COMPLAINT against United States Department of Commerce , filed by Plaintiffs FightTheFence.org., Rob Edward, Mike Stabler.(lam, ) (Entered: 12/22/2004)
2004-12-27	12	ANSWER to Amended Complaint by Defendant Department of Commerce.(lam, ) (Entered: 12/29/2004)
2005-02-18	13	Minute Entry for proceedings held before Judge Richard P. Matsch : Scheduling Conference held on 2/18/2005. Order to Show cause shall enter re: failure to appear by plaintiffs (Court Reporter FTR.) (gms, ) (Entered: 02/23/2005)
2005-02-18	14	ORDER TO SHOW CAUSE: returnable by plaintiff's counsel why civil action should not be dismissed for failure to appear. Show Cause Response due by 3/7/2005. Signed by Judge Richard P. Matsch on 2/18/05. (gms, ) (Entered: 02/23/2005)
2005-03-04	15	RESPONSE TO ORDER TO SHOW CAUSE by Rob Edward, Mike Stabler. (erv, ) (Entered: 03/08/2005)
2005-03-04	16	NOTICE of Change of Address by Sean T. McAllister (erv, ) (Entered: 03/08/2005)
2005-03-08	17	ORDER discharging 14 Order to Show Cause Scheduling Conference reset for 4/1/2005 03:30 PM in Conference Room before Judge Richard P. Matsch. Signed by Judge Richard P. Matsch on 3/8/05. (gms, ) (Entered: 03/11/2005)
2005-04-01	18	Minute Entry for proceedings held before Judge Richard P. Matsch : Scheduling Conference held on 4/1/2005. The Caption shall be amended to reflect the only Defendant as the US Dept Commerce. Dft's Response to Pla's FOIA Request due 10 days from today's date. (Court Reporter FTR Technician Kathy Terasaki.) (pap, ) (Entered: 04/05/2005)
2005-04-01	19	SCHEDULING ORDER: Dft to file Vaughn Index w/in 45 days of date of this order, within 30 days of service of Vaughn Index and cross-motion for sum jgm, pla will file its own cross-motion for sum jgm and w/in 45 days of service shall respond to dft's cross-motion for sum jgm. Dft to respond to Pla's cross-motion for sum jgm w/in 30 days of service of that motion. Signed by Judge Richard P. Matsch on 4/1/05. (gms, ) (Entered: 04/06/2005)
2005-04-11	20	STATUS REPORT by Department of Commerce pursuant to Court's 4/1/05 order. (dlb, ) (Entered: 04/12/2005)
2005-04-19	21	RESPONSE to 20 Dfts Status Report by Plaintiffs FightTheFence.org., Rob Edward, Mike Stabler. (erv, ) (Entered: 04/20/2005)
2005-04-26	22	SUPPLEMENT to 20 STATUS REPORT by Department of Commerce pursuant to Court's 4/1/05 order. (dlb, ) (Entered: 04/27/2005)
2005-05-12	23	Unopposed MOTION For Extension of Time to file Vaughn Index and Motion for Summary Judgment to 5/20/05 by Defendant Department of Commerce. (dlb, ) (Entered: 05/13/2005)
2005-05-13	24	ORDER granting 23 Unopposed MOTION For Extension of Time to file Vaughn Index and Motion for Summary Judgment to 5/20/05 by Defendant Department of Commerce . Signed by Judge Richard P. Matsch on 5/13/05. (dlb, ) (Entered: 05/16/2005)
2005-05-16	25	RESPONSE to 22 Dft's Supplement to Status Report by Plaintiffs FightTheFence.org., Rob Edward, Mike Stabler. (pap, ) (Entered: 05/17/2005)
2005-05-20	26	MOTION for Summary Judgment by Defendant Department of Commerce. (dlb, ) (Entered: 05/24/2005)
2005-06-17	27	Plaintiffs' Cross-MOTION for Summary Judgment by Plaintiffs FightTheFence.org., Rob Edward, Mike Stabler. (djs, ) (Entered: 06/17/2005)
2005-07-18	28	MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Summary Judgment by Defendant Department of Commerce. (Attachments: # 1 Proposed Order (PDF Only))(Johnson, Michael) (Entered: 07/18/2005)
2005-07-19	29	ORDER granting Defendant's 28 Motion for Extension of Time to File Response to 27 Cross- MOTION for Summary Judgment to 8/1/05. Signed by Judge Richard P. Matsch on 7/19/05. (lam, ) (Entered: 07/19/2005)
2005-08-01	30	BRIEF in Opposition re 28 MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Summary Judgment filed by Plaintiff FightTheFence.org.. (McAllister, Sean) (Entered: 08/01/2005)
2005-08-01	31	Second MOTION For Extension of Time to respond to cross-motion for summary judgment by Defendant Department of Commerce. (Attachments: # 1 Proposed Order (PDF Only))(Johnson, Michael) (Modified on 8/2/2005 to add linkage to cross-motion 27 )(lam, ). (Entered: 08/01/2005)
2005-08-02	32	ORDER granting Defendant's 31 Motion for Extension of Time to file Response to Plaintiff's Cross-Motion for Summary Judgment to 8/15/05. No further extensions will be granted. Signed by Judge Richard P. Matsch on 8/2/05. (lam, ) (Entered: 08/02/2005)
2005-08-02	33	Docket Annotation re: 31 Second MOTION For Extension of Time to respond to cross-motion for summary judgment was modifed to add linkage to the cross-motion for summary judgment 27 . Text only entry - no document attached. (lam, ) (Entered: 08/02/2005)
2005-08-15	34	REPLY to Response to Motion re 26 MOTION for Summary Judgment filed by Defendant Department of Commerce. (Attachments: # 1 Exhibit A-2)(Johnson, Michael) (Entered: 08/15/2005)
2005-08-15	35	RESPONSE to Motion re 27 MOTION for Summary Judgment filed by Defendant Department of Commerce. (Johnson, Michael) (Entered: 08/15/2005)
2005-08-16	36	MOTION for Leave to File Outsized Briefs by Defendant Department of Commerce. (Attachments: # 1 Proposed Order (PDF Only))(Johnson, Michael) (Entered: 08/16/2005)
2005-08-16	37	BRIEF in Opposition re 36 MOTION for Leave to File Outsized Briefs filed by Plaintiff FightTheFence.org.. (McAllister, Sean) (Entered: 08/16/2005)
2005-08-17	38	ORDER granting 36 defendant'smotion for leave to file an outsized reply in support of defendant's motion for summary judgment. Defendant's reply in support of defendant'smotion for summary judgment, lodged with the Court on August 15, 2005, anddefendant's response in opposition to plaintiff's cross-motionfor summary judgment,also lodged with the Court on August 15, 2005, are hereby ordered filed with the Court. Signed by Judge Richard P. Matsch on 8/17/05. (lam, ) (Entered: 08/17/2005)
2005-09-14	39	REPLY to Response to Motion re 27 MOTION for Summary Judgment filed by Plaintiff FightTheFence.org.. (Attachments: # 1 Exhibit)(McAllister, Sean) (Entered: 09/14/2005)
2006-03-14	40	ORDER OF DISMSSAL that this civil action is dismissed. Signed by Judge Richard P. Matsch on 3/14/06. (lam, ) (Entered: 03/14/2006)
2006-03-14	41	JUDGMENT by Clerk: pursuant to Order of Dismissal, judgment is entered for the Defendant and against the Plaintiffs. This civil action is dismissed. Defendant is awarded cost. Signed on 3/14/06. (lam, ) (Entered: 03/14/2006)
2006-03-27	42	MOTION to Alter Judgment re 41 Clerk's Judgment by Plaintiff FightTheFence.org.. (McAllister, Sean) (Entered: 03/27/2006)
2006-03-28	43	Proposed Bill of Costs by Defendant Department of Commerce. (Attachments: # 1 Itemization# 2 Rule 54.1 Certification# 3 Statement of Effort)(Johnson, Michael) (Entered: 03/28/2006)
2006-04-11	44	Costs Taxed in amount of $ 107.50 against plaintiff (gms, ) (Entered: 04/11/2006)
2006-04-17	45	BRIEF in Opposition re 42 MOTION to Alter Judgment re 41 Clerk's Judgment filed by Defendant Department of Commerce. (Johnson, Michael) (Entered: 04/17/2006)
2006-04-24	46	BRIEF in Opposition re 42 MOTION to Alter Judgment re 41 Clerk's Judgment (Amended Brief in Opposition) filed by Defendant Department of Commerce. (Attachments: # 1 Exhibit A (Feb. 9, 2004 FOIA request)# 2 Exhibit B (Oct. 31, 2005 letter)# 3 Exhibit C (Nov. 16, 2005 letter))(Johnson, Michael) (Entered: 04/24/2006)
2006-04-24	47	MOTION for Leave to File Amended Opposition to Motion to Alter Judgment by Defendant Department of Commerce. (Attachments: # 1 Proposed Order (PDF Only))(Johnson, Michael) (Entered: 04/24/2006)
2006-04-25	48	REPLY to Response to Motion re 47 MOTION for Leave to File Amended Opposition to Motion to Alter Judgment , 42 MOTION to Alter Judgment re 41 Clerk's Judgment filed by Plaintiff FightTheFence.org.. (McAllister, Sean) (Entered: 04/25/2006)
2006-04-28	49	ORDER denying 47 the Motion to File an Amended Opposition to the Plaintiffs' Motion to Amend Judgment. That 42 the Motion to Amend Judgment is denied. Signed by Judge Richard P. Matsch on 4/28/06. (lam, ) (Entered: 04/28/2006)
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