Case Detail

FOIA Project Annotation: A federal court in Ohio has ruled that the Department of Housing and Urban Development properly withheld technical and price proposals under Exemption 3 (other statutes), citing 41 U.S.C. § 253b(m), which exempts contract proposals that were not incorporated into a final contract. Eddie Sinkfield requested the proposals submitted by Workers Compensation Services, which had been awarded the contract. Although Sinkfield produced evidence that he had sent his request and an appeal by FAX, the agency claimed it had no record of receiving the request. Nevertheless, once it was made aware of the request after Sinkfield filed suit, HUD's Philadelphia Regional Office processed the request and concluded the proposal was exempt. The court agreed, noting that "Section 253(b)(m) expressly states that such proposals 'may not be made available to any person' unless the proposal is set forth or incorporated in a contract entered into between the agency and the contractor that submitted the proposal. Section 253(b)(m) therefore leaves no discretion on the part of the agency. . ." Sinkfield argued that the 253(b)(m) applied only to unsuccessful bidders. But the court pointed out that "there is no language in the statute that limits its applicability only to unsuccessful bidders. The statute must therefore be given its plain meaning and applied to all proposals."
Issues: Exemption 3 - Limited agency discretion

Date Filed	Doc #	Docket Text
2010-12-14		Filing fee: $ 350.00, receipt number 100CIN010359 (mtw1) (Entered: 12/14/2010)
2010-12-14	1	COMPLAINT against Department of Housing and Urban Development, filed by Eddie Sinkfield. (Attachments: # 1 Exhibits 1 - 2, # 2 Civil Cover Sheet and # 3 Filing Fee Receipt) (mtw1) (Entered: 12/14/2010)
2010-12-14	2	MOTION to Compel Preparation of a Vaughn Index by Plaintiff Eddie Sinkfield. (mtw1) (Entered: 12/14/2010)
2011-02-10	3	Summons Issued as to Department of Housing and Urban Development, U.S. Attorney and U.S. Attorney General (mtw1) (Entered: 02/10/2011)
2011-02-11	4	CERTIFICATE of Clerk: Certified mailing of summons and complaint through the Clerk's Office pursuant to Local Rule 4.2. (lk1) (Entered: 02/11/2011)
2011-02-15	5	SUMMONS Returned Executed as to Defendant Department of Housing and Urban Development c/o U.S. Attorney. Department of Housing and Urban Development c/o U.S. Attorney served on 2/14/2011, answer due 4/15/2011. (sct1) (Entered: 02/15/2011)
2011-02-18	6	SUMMONS Returned Executed as to Defendant Department of Housing and Urban Development. Green card returned signed for Secretary Shaun Donovan/ U.S. Dept. of Housing and Urban Development. (jlw1) (Entered: 02/22/2011)
2011-04-07	7	ORDER denying plaintiff's 2 Motion to Compel. Signed by Magistrate Judge Karen L. Litkovitz on 4/7/2011. (art) (Entered: 04/07/2011)
2011-04-14	8	ANSWER to 1 Complaint filed by Department of Housing and Urban Development. (Attachments: # 1 Exhibit A - letter from HUD) (Williams, Leslie) (Entered: 04/14/2011)
2011-04-14	9	RESPONSE to Motion re 2 MOTION to Compel filed by Defendant Department of Housing and Urban Development. (Williams, Leslie) (Entered: 04/14/2011)
2011-04-18	10	PRELIMINARY PRETRIAL CONFERENCE ORDER: Parties Rule 26f Report due 5/16/2011. Signed by Magistrate Judge Karen L. Litkovitz on 4/18/2011. (art) (Entered: 04/18/2011)
2011-04-29	11	SUMMONS Returned Executed as to Defendant Department of Housing and Urban Development. Green card returned signed for US Attorney General. (jlw) (Entered: 04/29/2011)
2011-05-16	12	JOINT RULE 26(f) REPORT by Defendant Department of Housing and Urban Development and PRO SE Plaintiff Eddie Sinkfield. (Williams, Leslie) Modified to clarify docket text on 5/18/2011 (jlw). (Entered: 05/16/2011)
2011-05-17	13	NOTICE of Scheduling Conference set for Monday, 6/6/2011 at 03:00 PM via telephone before Magistrate Judge Karen L. Litkovitz. Counsel MUST login to ECF to view this document in its entirety for the instructions on how to partcipate in the telephone conference. (art) (Entered: 05/17/2011)
2011-05-18		Chief Judge Susan J. Dlott no longer assigned to case. (mtw) (Entered: 05/18/2011)
2011-05-18	14	ORDER: Pursuant to advice from counsel for the parties that they have consented to the disposition of the above-captioned matter by the U.S. Magistrate Judge, this case is hereby transferred to U.S. Magistrate Judge Karen L. Litkovitz. Any appeal shall be to the Court of Appeals for the Sixth Circuit. Signed by Chief Judge Susan J. Dlott on 5/18/11. (mtw) (Entered: 05/18/2011)
2011-06-06	15	Minute Entry: Case called this date before Magistrate Judge Karen L. Litkovitz for a Scheduling Conference held in chambers on 6/6/2011. Pro-se plaintiff, and counsel for defendant present. Case calendar established. Order of the Court to follow. (Court Reporter none present.) (art) (Entered: 06/06/2011)
2011-06-07	16	CALENDAR ORDER: Defendant shall file its motion for summary judgment by 8/5/2011; Plaintiff shall file his motion for summary judgment by 10/5/2011; The parties shall file responsive briefs, if any, by 10/26/2011. Signed by Magistrate Judge Karen L. Litkovitz on 6/6/2011. (art) (Entered: 06/07/2011)
2011-08-04	17	MOTION for Summary Judgment by Defendant Department of Housing and Urban Development. Responses due by 8/29/2011 (Attachments: # 1 Exhibit A - Declaration of Sheppard V. Williams) (Williams, Leslie) (Entered: 08/04/2011)
2011-08-04	18	NOTICE of Submission of Document For In Camera Inspection by Defendant Department of Housing and Urban Development (Williams, Leslie) Modified to clarify docket text on 8/5/2011 (jlw). (Entered: 08/04/2011)
2011-10-17	19	MOTION to Dismiss 17 Defendant's Motion for Summary Judgment and Compel Disclosure of Records by Plaintiff Eddie Sinkfield. (Attachments: # 1 Exhibit A-E) (lk) (Entered: 10/17/2011)
2011-10-26	20	RESPONSE to Motion re 19 MOTION re 17 MOTION for Summary Judgment filed by Defendant Department of Housing and Urban Development. (Williams, Leslie) (Entered: 10/26/2011)
2011-12-22	21	RESPONSE in Opposition re 17 MOTION for Summary Judgment filed by Plaintiff Eddie Sinkfield. (Attachments: # 1 Exhibit F) (lk) (Entered: 12/22/2011)
2011-12-22	22	MOTION to Compel Disclosure of Records by Plaintiff Eddie Sinkfield. (Attachments: # 1 Exhibit F) (lk) (Entered: 12/22/2011)
2012-03-12		Notice of Correction: Document 22 docketed by the Clerk as a MOTION to Compel is actually a duplicate of plaintiff's Document 21 . (Clerk will terminate document 22 on the docket this date. (art) (Entered: 03/12/2012)
2012-03-15	23	ORDER that plaintiff's 19 motion to dismiss defendant's motion for summary judgment and compel disclosure of records is Denied. Defendant's 17 Motion for Summary Judgment is Granted. Judgment is entered in favor of defendant. This case is Dismissed from the docket of the Court. Signed by Magistrate Judge Karen L. Litkovitz on 3/15/2012. (art) (Entered: 03/15/2012)
2012-03-15	24	JUDGMENT IN A CIVIL CASE filed by CLERK OF COURT. (art) (Entered: 03/15/2012)
2012-03-15	25	NOTICE by Clerk to Parties regarding disposal of exhibits and sealed documents pursuant to the Court's local rules. (Disposal date 9/15/2012). (art) (Entered: 03/15/2012)
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