Case Detail

FOIA Project Annotation: After finding the State Department had not yet shown that its search was adequate, Judge Amy Berman Jackson has ruled the Department properly withheld transcripts of two meetings of the Cultural Property Advisory Committee under Exemption 3 (other statutes) and that references to requester Arthur Houghton in the transcripts did not qualify them as records under the Privacy Act. Houghton, who served on the Cultural Property Advisory Committee from 1983 to 1987, requested any Committee records referencing him prepared by committee member Professor Joan Connelly, who represented the interests of the archeological community when she served on the Committee. The agency's first search found no records, but a second search located two transcripts, which the agency withheld. While the agency described its search, Jackson found it had failed to explain whether Connelly had an agency email account that might have responsive records. Jackson pointed out that Houghton's description of Connelly as a special government employee had not been contested by the agency. She then noted that "that description suggests that Connelly may have been treated as an employee of State in some ways, so the Court cannot rule out the possibility that she might have held a State Department email account. State's vague statements. . .do not clearly illuminate that question. . .[S]ince the Court is required to draw all inferences in favor of the non-moving party at this stage of the litigation, the Court cannot infer from State's declarations that Connelly's emails are not agency records." State claimed the two committee meeting transcripts were protected by section (h) of the Cultural Property Implementation Act, which exempts the Committee from the public access provisions of FACA and allows the withholding of records when disclosure could compromise the government's negotiating objectives or bargaining positions. Jackson agreed and noted that "under the withholding statute, once the President or his designee at State has determined that a CPAC proceeding is closed pursuant to section 2605(h), all materials 'involved in' such proceedings are exempt from FOIA. . .Therefore, the full transcripts of the meetings are exempt from FOIA as materials 'involved in' the proceedings." Jackson then found the transcripts were not Privacy Act records because they were not "about" Houghton. Instead, she explained that "the documents at issue in the instant case are 'about' the two Memoranda of Understanding that the CPAC members were discussing. Even the parts that mention plaintiff are 'about' the letter that plaintiff had written. . .[T]he mere fact that the transcripts contain reference to or quote from plaintiff's written work is not sufficient to make it a 'record.' The CPAC transcripts are therefore not records about Houghton for purposes of the Privacy Act, and State is not required to disclose them to Houghton."
Issues: Adequacy - Search, Exemption 3

Date Filed	Doc #	Docket Text
2011-05-09	1	COMPLAINT against UNITED STATES DEPARTMENT OF STATE ( Filing fee $ 350, receipt number 4616038577) filed by ARTHUR HOUGHTON. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 05/10/2011)
2011-05-09		Summons (1) Issued as to UNITED STATES DEPARTMENT OF STATE. (jf, ) (Entered: 05/10/2011)
2011-05-10		SUMMONS (2) Issued as to, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 05/10/2011)
2011-05-11	2	NOTICE of Appearance by Michael A. Tilghman on behalf of ARTHUR HOUGHTON (Tilghman, Michael) (Entered: 05/11/2011)
2011-05-11	3	NOTICE of Appearance by James Charles Bailey on behalf of ARTHUR HOUGHTON (Bailey, James) (Entered: 05/11/2011)
2011-05-11	4	AFFIDAVIT of Service by ARTHUR HOUGHTON. (Tilghman, Michael) (Entered: 05/11/2011)
2011-05-17	5	ENTERED IN ERROR.....AFFIDAVIT of Service by ARTHUR HOUGHTON. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Tilghman, Michael) Modified on 5/18/2011 (jf, ). (Entered: 05/17/2011)
2011-05-18		NOTICE OF CORRECTED DOCKET ENTRY: Document re 5 Affidavit was entered in error and counsel was instructed to refile said pleading under the correct category. (jf, ) (Entered: 05/18/2011)
2011-05-19	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/16/2011. Answer due for ALL FEDERAL DEFENDANTS by 6/15/2011. (Attachments: # 1 Exhibit 1)(Tilghman, Michael) (Entered: 05/19/2011)
2011-05-19	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF STATE served on 5/15/2011 (Attachments: # 1 Exhibit 1)(Tilghman, Michael) (Entered: 05/19/2011)
2011-05-19	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/16/2011. (Attachments: # 1 Exhibit 1)(Tilghman, Michael) (Entered: 05/19/2011)
2011-06-09	9	ENTERED IN ERROR.....NOTICE of Appearance by Addy Schmitt on behalf of ARTHUR HOUGHTON (Schmitt, Addy) Modified on 6/10/2011 (jf, ). (Entered: 06/09/2011)
2011-06-09	10	NOTICE of Appearance by Addy Schmitt on behalf of UNITED STATES DEPARTMENT OF STATE (Schmitt, Addy) (Entered: 06/09/2011)
2011-06-09	11	Consent MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by UNITED STATES DEPARTMENT OF STATE (Schmitt, Addy) (Entered: 06/09/2011)
2011-06-10		NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 9 Notice of Appearance was entered in error and refiled by counsel. (See Docket Entry 10 ) (jf, ) (Entered: 06/10/2011)
2011-06-10		ORDER granting 11 Motion for Extension of Time to Answer or Otherwise Respond to Complaint. The response is due 8/15/2011. Signed by Judge Amy Berman Jackson on 6/10/11. (MT) (Entered: 06/10/2011)
2011-08-04	12	Consent MOTION for Extension of Time to File Answer re 1 Complaint by UNITED STATES DEPARTMENT OF STATE (Schmitt, Addy) (Entered: 08/04/2011)
2011-08-05		MINUTE ORDER granting 12 Consent Motion for Extension of Time to Answer. The answer is due 8/29/2011. Signed by Judge Amy Berman Jackson on 8/5/2011. (MT) (Entered: 08/05/2011)
2011-08-29	13	ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF STATE.(Schmitt, Addy) (Entered: 08/29/2011)
2011-08-30	14	ORDER that defendant file a dispositive motion or, in the alternative, a document production report on or before 9/28/2011. Signed by Judge Amy Berman Jackson on 8/31/2011. (MT) (Entered: 08/30/2011)
2011-09-02		Set/Reset Deadlines: Defendant to file either a dispositive motion or, in the alternative, a document production report on or before 9/28/2011. (jth) (Entered: 09/02/2011)
2011-09-16	15	Consent MOTION for Extension of Time to File Dispositive Motion by UNITED STATES DEPARTMENT OF STATE (Schmitt, Addy) (Entered: 09/16/2011)
2011-09-19		MINUTE ORDER granting 15 Consent Motion for Extension of Time. A dispositive motion will be due 10/17/2011. Signed by Judge Amy Berman Jackson on 9/19/2011. (MT) (Entered: 09/19/2011)
2011-09-20		Set/Reset Deadlines: Defendant's Dispositive Motion due by 10/17/2011. (jth) (Entered: 09/20/2011)
2011-10-17	16	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit A Declaration of Margaret P. Grafeld, # 2 Exhibit B Federal Advisory Committee Act)(Schmitt, Addy) (Entered: 10/17/2011)
2011-10-28	17	ENTERED IN ERROR.....Memorandum in opposition to re 16 MOTION for Summary Judgment filed by ARTHUR HOUGHTON. (Attachments: # 1 Response to Statement of Undisputed Facts, # 2 Text of Proposed Order)(Tilghman, Michael) Modified on 10/31/2011 (znmw, ). (Entered: 10/28/2011)
2011-10-28	18	Memorandum in opposition to re 16 MOTION for Summary Judgment Corrected filed by ARTHUR HOUGHTON. (Attachments: # 1 Response to Statement of Undisputed Facts, # 2 Text of Proposed Order)(Tilghman, Michael) (Entered: 10/28/2011)
2011-10-31		NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 17 Memorandum in Opposition was entered in error and a corrected version was filed by counsel as Docket Entry 18 Memorandum in Opposition. (znmw, ) (Entered: 10/31/2011)
2011-11-04	19	REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Exhibit B - Supplemental Grafeld Declaration)(Schmitt, Addy) (Entered: 11/04/2011)
2012-06-20		MINUTE ORDER. It is ORDERED that defendant shall deliver to the Court on or before June 27, 2012, all parts of the two withheld documents that mention or relate to plaintiff or to a letter written by plaintiff. In camera inspection will assist the Court in making a responsible de novo determination. See Ray v. Turner, 587 F.2d 1187, 1195 (D.C. Cir. 1978). Signed by Judge Amy Berman Jackson on 6/20/12. (lcabj1) (Entered: 06/20/2012)
2012-06-20		Set/Reset Deadline: Defendant shall deliver to the Court for an In Camera Inspection, to assist the Court in making a de novo determination, all parts of the two withheld documents that mention or relate to plaintiff or to a letter written by plaintiff. In-Camera Submission is due by 6/27/2012. (jth) (Entered: 06/20/2012)
2012-06-25	20	NOTICE of Filing In Camera Submission Pursuant to the Court's June 20, 2012 Order by UNITED STATES DEPARTMENT OF STATE (Schmitt, Addy) (Entered: 06/25/2012)
2012-07-12	21	ORDER granting in part and denying in part 16 Motion for Summary Judgment. FURTHER ORDERED that defendant United States Department of State shall submit a memorandum on or before August 1, 2012 explaining whether Connelly utilized a State Department email account at any point during the relevant time period for plaintiff's FOIA request, and if so: (1) setting out a schedule for searching the email account and producing either the responsive documents or a Vaughn index asserting FOIA exemptions, or (2) explaining why FOIA does not require defendant to search the email files in this case (SEE ORDER FOR COMPLETE DETAILS). Signed by Judge Amy Berman Jackson on 7/12/12. (lcabj1) (Entered: 07/12/2012)
2012-07-12	22	MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 7/12/12. (lcabj1) (Entered: 07/12/2012)
2012-07-12		Set/Reset Deadline: Defendant's Supplemental Memorandum due by 8/1/2012. (jth) (Entered: 07/12/2012)
2012-07-26	23	MEMORANDUM re 16 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Declaration of Sheryl L. Walter)(Schmitt, Addy) (Entered: 07/26/2012)
2012-08-02	24	ORDER granting 16 MOTION for Summary Judgment. It is ORDERED that defendant's motion for summary judgment, previously granted in part and denied in part, is now GRANTED in full (SEE ORDER FOR COMPLETE DETAILS). Signed by Judge Amy Berman Jackson on 8/2/12. (lcabj1) (Entered: 08/02/2012)
2012-08-02	25	MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 8/2/12. (lcabj1) (Entered: 08/02/2012)
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