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Case TitleDorsey & Whitney LLP v. United States Postal Service
DistrictDistrict of Minnesota
CityDMN
Case Number0:2018cv02493
Date Filed2018-08-27
Date Closed2019-09-03
JudgeJudge Wilhelmina M. Wright
PlaintiffDorsey & Whitney LLP
Case DescriptionThe law firm of Dorsey & Whitney submitted a FOIA request to the U.S. Postal Service for records concerning negotiated service agreements between the agency and three companies. The agency acknowledged receipt of the request but denied it under Exemption 3 (other statutes). Dorsey & Whitney filed an administrative appeal, which was denied. Dorsey & Whitney then filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Postal Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [21]
FOIA Project Annotation: A federal magistrate judge in Minnesota has found that she does not have jurisdiction to rule on whether the Postal Service properly invoked a Glomar response neither confirming nor denying the existence of records based on 9 U.S.C. § 410(c)(2) which allows the Postal Service to withhold commercial information that would customarily not be disclosed, indicating that such a decision needed to be made by the district court judge. Sending the issue to the district court judge for determination, the magistrate judge noted that "the key inquiry, therefore, is 'whether the magistrate judge' determination is dipositive, that is, whether it disposes of a party's claim or defense because "it is only those rulings which finally resolve a party's claim or defense" which are considered 'dispositive' within the meaning of § 6369b).' Here, a decision on Glomar would 'resolve the substantive claims for relief alleged in the pleadings.'"
Issues: Determination - Glomar response
Opinion/Order [55]
Opinion/Order [67]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-08-271COMPLAINT against United States Postal Service (filing fee $ 400, receipt number AMNDC-6333215) filed by Dorsey & Whitney LLP. Filer requests summons issued. (Attachments: # 1 Exhibit(s) A-D, # 2 Civil Cover Sheet) (Hontos, Alex) (Entered: 08/27/2018)
2018-08-272RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Plaintiff Dorsey & Whitney LLP. (Hontos, Alex) (Entered: 08/27/2018)
2018-08-273TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Wilhelmina M. Wright per Civil (3rd, 4th - Master) list, referred to Magistrate Judge Becky R. Thorson. Please use case number 18-cv-2493 (WMW/BRT). (lmb) (Entered: 08/27/2018)
2018-08-274Summons Issued as to United States Postal Service. (lmb) (Entered: 08/27/2018)
2018-08-28(Text-Only) NOTICE - Judge Wilhelmina M. Wright's Practice Pointers are available on the United States District Court for the District of Minnesota's website . All parties are expected to be familiar with and adhere to these Practice Pointers, including Judge Wright's deviations from the Local Rules with respect to motion scheduling and briefing deadlines. (TJB) (Entered: 08/28/2018)
2018-08-285NOTICE of Appearance by Andrew Tweeten on behalf of United States Postal Service. (Tweeten, Andrew) (Entered: 08/28/2018)
2018-08-296SUMMONS Returned Executed by Dorsey & Whitney LLP. United States Postal Service served on 8/27/2018, answer due 9/17/2018. (Hontos, Alex) (Entered: 08/29/2018)
2018-08-297ORDER/NOTICE of Setting: Pretrial Conference set for 10/22/2018 at 03:00 PM in Courtroom 6A (STP) before Magistrate Judge Becky R. Thorson. Signed by Magistrate Judge Becky R. Thorson on 8/29/2018. (Attachments: # 1 Consent Form) (MSK) (Entered: 08/29/2018)
2018-09-268ANSWER to Complaint filed by United States Postal Service. (Tweeten, Andrew) (Entered: 09/26/2018)
2018-10-129(Text-only) NOTICE of Resetting of Hearing, TIME CHANGE ONLY: The Pretrial Conference set for 10/22/2018 will begin at 10:30 AM in Courtroom 6A (STP) before Magistrate Judge Becky R. Thorson. (MSK) (Entered: 10/12/2018)
2018-10-1710REPORT of Rule 26(f) Planning Meeting. Filed by United States Postal Service. Jointly Signed by Dorsey & Whitney LLP.(Tweeten, Andrew) (Entered: 10/17/2018)
2018-10-2211Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Initial Pretrial Conference held on 10/22/2018. (MSK) (Entered: 10/22/2018)
2018-10-2612ORDER/NOTICE of Setting: PRETRIAL SCHEDULING ORDER. Amended Pleadings due by 10/31/2018. Joinder of Parties due by 10/31/2018. Motions (disp) due by 3/1/2019. Ready for trial due by 7/1/2019. Signed by Magistrate Judge Becky R. Thorson on 10/26/2018. (MSK) (Entered: 10/26/2018)
2018-10-2613ORDER/NOTICE of Setting: ORDER FOR SETTLEMENT CONFERENCE. Confidential Letter to Court due by 5/7/2019. Parties are directed to Meet and Confer by 5/1/2019. Settlement Conference set for 5/9/2019 at 09:30 AM in Courtroom 6A (STP) before Magistrate Judge Becky R. Thorson. Signed by Magistrate Judge Becky R. Thorson on 10/26/2018. (MSK) (Entered: 10/26/2018)
2018-11-0914MOTION to Compel Defendant to Produce a Vaughn Index Or, Alternatively, In Camera Review filed by Dorsey & Whitney LLP. (Hull, Caitlin) (Entered: 11/09/2018)
2018-11-0915NOTICE OF HEARING ON MOTION 14 MOTION to Compel Defendant to Produce a Vaughn Index Or, Alternatively, In Camera Review : Motion Hearing set for 12/18/2018 at 02:30 PM in Courtroom 6A (STP) before Magistrate Judge Becky R. Thorson. (Hull, Caitlin) (Entered: 11/09/2018)
2018-12-0416MEMORANDUM in Support re 14 MOTION to Compel Defendant to Produce a Vaughn Index Or, Alternatively, In Camera Review filed by Dorsey & Whitney LLP. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hull, Caitlin) (Entered: 12/04/2018)
2018-12-0417MEET and CONFER STATEMENT re 14 Motion to Compel filed by Dorsey & Whitney LLP.(Hull, Caitlin) (Entered: 12/04/2018)
2018-12-0418PROPOSED ORDER TO JUDGE re 14 MOTION to Compel Defendant to Produce a Vaughn Index Or, Alternatively, In Camera Review filed by Dorsey & Whitney LLP.(Hull, Caitlin) (Entered: 12/04/2018)
2018-12-1119RESPONSE in Opposition re 14 MOTION to Compel Defendant to Produce a Vaughn Index Or, Alternatively, In Camera Review filed by United States Postal Service. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Tweeten, Andrew) (Entered: 12/11/2018)
2018-12-1820Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Motion Hearing held on 12/18/2018 re 14 MOTION to Compel Defendant to Produce a Vaughn Index Or, Alternatively, In Camera Review filed by Dorsey & Whitney LLP. (TMM) Modified text on 12/19/2018 (MMP). (Entered: 12/19/2018)
2018-12-2121ORDER denying 14 Motion to Compel(Written Opinion) Signed by Magistrate Judge Becky R. Thorson on 12/21/2018. (TMM) (Entered: 12/21/2018)
2018-12-2622ORDER OF REFERENCE: Pursuant to Title 28, United States Code, Section 636(b)(1), Defendant United States Postal Service's anticipated Glomar motion is referred to Magistrate Judge Becky R. Thorson. Signed by Judge Wilhelmina M. Wright on 12/24/2018. (RE) (Entered: 12/26/2018)
2018-12-3123REQUEST for Stay by United States Postal Service. (Tweeten, Andrew) (Entered: 12/31/2018)
2018-12-3124PROPOSED ORDER TO JUDGE re 23 Request. (Tweeten, Andrew) (Entered: 12/31/2018)
2019-01-0225ORDER in Response to 23 Request. Defendant's Request for Stay is GRANTED. The deadlines in this case are hereby stayed, and the Status Conference scheduled for January 3, 2019 at 11:30 a.m. is hereby canceled and will be rescheduled after appropriations are restored. Signed by Magistrate Judge Becky R. Thorson on 1/2/2019. (DMM) (Entered: 01/02/2019)
2019-01-2826REQUEST TO LIFT STAY by United States Postal Service. (Tweeten, Andrew) (Entered: 01/28/2019)
2019-01-2827PROPOSED ORDER TO JUDGE re REQUEST TO LIFT STAY 26 Request. (Tweeten, Andrew) (Entered: 01/28/2019)
2019-01-2828ORDER GRANTING DEFENDANT'S REQUEST TO LIFT STAY. Signed by Magistrate Judge Becky R. Thorson on 1/28/2019. (MSK) (Entered: 01/28/2019)
2019-02-1329ORDER/NOTICE TO ATTORNEY. ORDER ON BRIEFING SCHEDULING AND NOTICE OF HEARING. Signed by Magistrate Judge Becky R. Thorson on 2/13/2019. (MSK) (Entered: 02/13/2019)
2019-02-2830MOTION for Summary Judgment filed by United States Postal Service. (Tweeten, Andrew) (Entered: 02/28/2019)
2019-02-2831NOTICE OF HEARING ON MOTION 30 MOTION for Summary Judgment : Motion Hearing set for 4/3/2019 at 02:00 PM in Courtroom 6A (STP) before Magistrate Judge Becky R. Thorson. (Tweeten, Andrew) (Entered: 02/28/2019)
2019-02-2832MEMORANDUM in Support re 30 MOTION for Summary Judgment filed by United States Postal Service. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Tweeten, Andrew) (Entered: 02/28/2019)
2019-02-2833Declaration of Dennis Nicoski in Support of 30 MOTION for Summary Judgment filed by United States Postal Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Tweeten, Andrew) (Entered: 02/28/2019)
2019-02-2834PROPOSED ORDER TO JUDGE re Defendant's Motion for Summary Judgment 30 Motion for Summary Judgment. (Tweeten, Andrew) (Entered: 02/28/2019)
2019-03-1135MOTION for Summary Judgment filed by Dorsey & Whitney LLP. (Hull, Caitlin) (Entered: 03/11/2019)
2019-03-1136NOTICE OF HEARING ON MOTION 35 MOTION for Summary Judgment : Motion Hearing set for 4/3/2019 at 02:00 PM in Courtroom 6A (STP) before Magistrate Judge Becky R. Thorson. (Hull, Caitlin) (Entered: 03/11/2019)
2019-03-1137MEMORANDUM re 35 MOTION for Summary Judgment , 30 MOTION for Summary Judgment Plaintiff's Memorandum in Support of its Motion for Summary Judgment 35 and Plaintiff's Opposition to Defendant's Motion for Summary Judgment 30 filed by Dorsey & Whitney LLP. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hull, Caitlin) (Entered: 03/11/2019)
2019-03-1138Declaration of Alex P. Hontos in Support of 35 MOTION for Summary Judgment filed by Dorsey & Whitney LLP. (Attachments: # 1 Exhibit(s) 1-46)(Hull, Caitlin) (Entered: 03/11/2019)
2019-03-1139PROPOSED ORDER TO JUDGE re 35 MOTION for Summary Judgment filed by Dorsey & Whitney LLP.(Hull, Caitlin) (Entered: 03/11/2019)
2019-03-2140MEMORANDUM re 35 MOTION for Summary Judgment , 30 MOTION for Summary Judgment Defendant's Response and Reply filed by United States Postal Service. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Tweeten, Andrew) (Entered: 03/21/2019)
2019-03-2141Second Declaration of Dennis Nicoski in Support of 30 MOTION for Summary Judgment filed by United States Postal Service.(Tweeten, Andrew) (Entered: 03/21/2019)
2019-03-2142Declaration of Andrew Tweeten in Support of 30 MOTION for Summary Judgment filed by United States Postal Service. (Attachments: # 1 Exhibit(s) E, # 2 Exhibit(s) F)(Tweeten, Andrew) (Entered: 03/21/2019)
2019-03-2943REPLY re 35 MOTION for Summary Judgment filed by Dorsey & Whitney LLP. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hontos, Alex) (Entered: 03/29/2019)
2019-03-2944Declaration of Alex P. Hontos in Support of 35 MOTION for Summary Judgment filed by Dorsey & Whitney LLP. (Attachments: # 1 Exhibit(s) 47)(Hontos, Alex) (Entered: 03/29/2019)
2019-04-0345Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Motion Hearing held on 4/3/2019 re 35 MOTION for Summary Judgment filed by Dorsey & Whitney LLP, 30 MOTION for Summary Judgment filed by United States Postal Service. (Court Reporter Lynne Krenz) (TMM) (Entered: 04/03/2019)
2019-04-1246(Text-only) NOTICE of Cancelation of Hearing: The Settlement Conference set for 5/9/2019 before Magistrate Judge Becky R. Thorson is canceled. (MSK) (Entered: 04/12/2019)
2019-05-0947REPORT AND RECOMMENDATION re 35 MOTION for Summary Judgment filed by Dorsey & Whitney LLP, 30 MOTION for Summary Judgment filed by United States Postal Service. Signed by Magistrate Judge Becky R. Thorson on 5/9/2019. (TMM) (Entered: 05/09/2019)
2019-05-2348OBJECTION to 47 Report and Recommendations as to Defendant. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Tweeten, Andrew) Modified text on 5/24/2019 (kt). (Entered: 05/23/2019)
2019-05-2449TRANSCRIPT REQUEST for an Expedited 14-Day Transcript of 45 Motion Hearing, to Court Reporter Lynne Krenz. (Tweeten, Andrew) (Entered: 05/24/2019)
2019-05-2950NOTICE of Filing of Official Transcript. This filing has 1 transcript(s) associated with it. (LMK) (Entered: 05/29/2019)
2019-05-2951TRANSCRIPT of Motions Hearing held on 4.3.2019 before Magistrate Judge Becky R. Thorson. (56 pages). Court Reporter: Lynne Krenz. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents . For information on redaction procedures, please review Local Rule 5.5 . Redaction Request due 6/19/2019. Redacted Transcript Deadline set for 7/1/2019. Release of Transcript Restriction set for 8/27/2019. (LMK) (Entered: 05/29/2019)
2019-06-0652RESPONSE re: 48 Objection to Report and Recommendation . (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hull, Caitlin) Modified text on 6/6/2019 (MMG). (Entered: 06/06/2019)
2019-07-0253LETTER TO DISTRICT JUDGE by United States Postal Service . (Tweeten, Andrew) (Entered: 07/02/2019)
2019-07-0354LETTER TO DISTRICT JUDGE re: 53 by Dorsey & Whitney LLP . (Hull, Caitlin) Modified text on 7/3/2019 (KNK). (Entered: 07/03/2019)
2019-09-0355ORDER. IT IS HEREBY ORDERED: The May 9, 2019 R&R 47 is ADOPTED. (See order for details) (Written Opinion). Signed by Judge Wilhelmina M. Wright on 9/3/2019. (RJE) (Entered: 09/03/2019)
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by FOIA Project Staff
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