Case Detail

FOIA Project Annotation: A federal court in California has ruled that the number of pieces mailed during a political campaign does not qualify as commercial information under 39 U.S.C. § 410(c)(2), an Exemption 3 statute used by the Postal Service. During its investigation of allegations of that a recalled state official violated California's Political Reform Act, the Fair Political Practices Commission subpoenaed the records from the Postal Service. The agency's policy was to release records pursuant to a subpoena if they were disclosable under FOIA. In this case, the agency decided that forms recording the number of pieces mailed qualified as commercial information and denied the Commission's request. The Commission then filed suit. The agency argued the information was commercial because it pertained to its relationship with a customer and because it would cause the Postal Service competitive harm if available to competing delivery services. The Commission called the agency's arguments "completely unsupported" and the court agreed. The court indicated that "the USPS has not supported its conclusion that the mere disclosure of the number of documents mailed in the situation at issue here constitutes 'information of a commercial nature' within the meaning of § 410(c)(2)." The court added that "the USPS concedes that the sender 'is not a commercial enterprise,' the documents were 'mailed in connection with an election campaign that is not over,' and the only information sought is 'the number of pieces delivered on October 9th, 10th, and 22nd in 2008 using Permit No. 2058.' The USPS has not shown that the requested information is within the realm of what is considered to be commercial information; nor has it shown how the disclosure of the requested numerical information could potentially impair the relationship between the USPS and its customers." The court also concluded that disclosure would not cause competitive harm because the Commission had the legal authority to subpoena such information from competitors as well.
Issues: Exemption 3 - Statutory prohibition of disclosure

Date Filed	Doc #	Docket Text
2012-01-12	1	COMPLAINT against United States Postal Service by Fair Political Practices Commission. Attorney Rowan, Heather M added.(Rowan, Heather) (Entered: 01/12/2012)
2012-01-12	2	CIVIL COVER SHEET by Fair Political Practices Commission (Rowan, Heather) (Entered: 01/12/2012)
2012-01-12		RECEIPT number #CAE200041429 $350.00 fbo Fair Political Practices Commission by Heather M. Rowan on 1/12/2012. (Mena-Sanchez, L) (Entered: 01/12/2012)
2012-01-12	4	SUMMONS ISSUED as to *United States Postal Service* with answer to complaint due within *30* days. Attorney *Heather M. Rowan* *Fair Political Practices Commission* *428 J Street, Suite 800* *Sacramento, CA 95814*. (Mena-Sanchez, L) (Entered: 01/12/2012)
2012-01-12	5	CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference is SET for 4/23/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Attachments: # 1 Consent to Magistrate Judge, # 2 VDRP) (Mena-Sanchez, L) (Entered: 01/12/2012)
2012-02-02	6	MOTION to INTERVENE by non-party William Eisen. (Benson, A.) (Entered: 02/03/2012)
2012-02-02	8	ANSWER to 1 Complaint by non-party William Eisen.(Benson, A.) (Entered: 02/03/2012)
2012-02-03	7	MINUTE ORDER: The Motion to Intervene, filed on 2/3/12, was not noticed for a hearing. Pursuant to the Local Rules, motions must be noticed for hearing on one of Judge Burrell's available law and motion hearing dates. re 6 Motion to Intervene Ordered by Judge Garland E. Burrell, Jr on 2/3/12. (Furstenau, S) (Entered: 02/03/2012)
2012-02-03		SERVICE BY MAIL: #7 Minute Order served on William Eisen. (Benson, A.) (Entered: 02/03/2012)
2012-02-07	9	SUMMONS RETURNED EXECUTED by Fair Political Practices Commission. United States Postal Service served on 1/19/2012, answer due 3/19/2012. (Attachments: # 1 Proof of Service Signed deliver confirmations)(Rowan, Heather) (Entered: 02/07/2012)
2012-02-13	10	MOTION to INTERVENE and to file the attached answer by William Eisen. Motion Hearing SET for 4/2/2012 at 9:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Michel, G) (Entered: 02/14/2012)
2012-02-21	11	NOTICE of APPEARANCE by Benjamin Leon Berwick, GOVT on behalf of United States Postal Service. Attorney Berwick, Benjamin Leon added. (Berwick, Benjamin) (Entered: 02/21/2012)
2012-02-21	12	ANSWER to 1 Complaint by United States Postal Service.(Berwick, Benjamin) (Entered: 02/21/2012)
2012-03-19	13	STATEMENT of NON-OPPOSITION by United States Postal Service to 10 Motion to Intervene. (Berwick, Benjamin) Modified on 3/20/2012 (Marciel, M). (Entered: 03/19/2012)
2012-03-19	14	OPPOSITION by Fair Political Practices Commission to 10 Motion to Intervene. (Rowan, Heather) Modified on 3/20/2012 (Marciel, M). (Entered: 03/19/2012)
2012-03-23	15	REPLY to 14 Opposition to 10 Motion to Intervene by William Eisen. (Michel, G) (Entered: 03/26/2012)
2012-03-27	16	MINUTE ORDER: The Motion to Intervene, scheduled for hearing on 4/2/12, is submitted without oral argument. There will not be a hearing on 4/2/12, and no appearance is necessary. re 10 Motion to Intervene, Ordered by Judge Garland E. Burrell, Jr on 03/27/2012. (Dankof, E) (Entered: 03/27/2012)
2012-03-28		SERVICE BY MAIL: 16 Minute Order, served on William Eisen. (Furstenau, S) (Entered: 03/28/2012)
2012-03-29	17	DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by William Eisen. (Michel, G) (Entered: 03/30/2012)
2012-04-05	18	OBJECTIONS by Intervenor Defendant William Eisen to 16 Minute Order. (Zignago, K.) (Entered: 04/06/2012)
2012-04-09	19	JOINT STATUS REPORT by United States Postal Service. (Berwick, Benjamin) (Entered: 04/09/2012)
2012-04-12	20	MINUTE ORDER: The pretrial scheduling conference, currently set for 4/23/12, is rescheduled for 6/11/12, at 9:00 a.m. A joint status report shall be filed fourteen days prior to the hearing. Ordered by Judge Garland E. Burrell, Jr on 4/12/12. (Furstenau, S) (Entered: 04/12/2012)
2012-04-26	21	ORDER signed by Judge Garland E. Burrell, Jr. on 4/26/2012 ORDERING that Eisen's 10 Motion to Intervene is DENIED. (Zignago, K.) (Entered: 04/26/2012)
2012-04-26		SERVICE BY MAIL: 21 Order served on William Eisen. (Zignago, K.) (Entered: 04/26/2012)
2012-05-11	22	NOTICE of INTERLOCUTORY APPEAL by William Eisen as to 21 Order on Motion to Intervene. (Manzer, C) (Entered: 05/14/2012)
2012-05-14	23	APPEAL PROCESSED to Ninth Circuit re 22 Notice of Interlocutory Appeal filed by William Eisen. Filed dates for Notice of Appeal *5/11/2012*, Complaint *1/12/2012* and Appealed Order / Judgment *4/26/2012*. ** *Fee Status: Not Paid - Billed* *William Eisen* (Attachments: # 1 Appeal Information, # 2 Bill for Appeal Fee) (Manzer, C) (Entered: 05/14/2012)
2012-05-14		SERVICE BY MAIL: 23 Appeal Processed to USCA served on William Eisen. (Manzer, C) (Entered: 05/14/2012)
2012-05-21		RECEIPT number #CAE200044647 $455.00 fbo William Eisen by Bill Eisen on 5/21/2012 re: Appeal 22 . (Mena-Sanchez, L) (Entered: 05/21/2012)
2012-05-23	24	JOINT STATUS REPORT by United States Postal Service. (Berwick, Benjamin) (Entered: 05/23/2012)
2012-05-29	25	USCA CASE NUMBER 12-16165 for 22 Notice of Interlocutory Appeal filed by William Eisen. (Zignago, K.) (Entered: 05/29/2012)
2012-06-01	28	STATEMENT of Issues on Appeal; Designation of Reporter's Transcript on Appeal by Intervenor Defendant William Eisen. (Meuleman, A) (Entered: 06/05/2012)
2012-06-05	26	STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr., on 6/5/12 ORDERING that the status (pretrial scheduling) conference set for 6/11/2012, is VACATED. Defendant's Motion for Summary Judgment shall be filed on or before 7/2/2012; Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be filed on or before 8/14/2012; Defendant's Opposition and Reply shall be filed on or before 9/7/2012 ; Plaintiff's Reply shall be filed on or before 9/24/2012; and The hearing on the motions shall be noticed for 10/9/2012, at 9:00 a.m.. (Kastilahn, A) (Entered: 06/05/2012)
2012-06-05		SERVICE BY MAIL: 26 Order served on William Eisen. (Kastilahn, A) (Entered: 06/05/2012)
2012-06-05	27	MINUTE ORDER: A status conference is scheduled for 3/18/13, at 9:00 a.m. A joint status report shall be filed fourteen days prior to the hearing. Ordered by Judge Garland E. Burrell, Jr on 6/5/12. (Furstenau, S) (Entered: 06/05/2012)
2012-07-02	29	MOTION for SUMMARY JUDGMENT by United States Postal Service. Motion Hearing set for 10/9/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Attachments: # 1 Memorandum, # 2 Statement, # 3 Declaration)(Berwick, Benjamin) Modified on 7/3/2012 (Becknal, R). (Entered: 07/02/2012)
2012-08-14	30	CROSS-MOTION for SUMMARY JUDGMENT by Fair Political Practices Commission. Motion Hearing set for 10/9/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Rowan, Heather) Modified on 9/11/2012 (Kastilahn, A). (Entered: 08/14/2012)
2012-08-14	31	DECLARATION of Zachary Norton in SUPPORT OF 30 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Exhibit Exhibits 1-3)(Rowan, Heather) (Entered: 08/14/2012)
2012-08-14	32	NOTICE re: 30 MOTION for SUMMARY JUDGMENT by Fair Political Practices Commission. (Attachments: # 1 Statement Response to Statement of Undisputed Facts, # 2 Statement Plaintiffs Statement of Undisputed Facts)(Rowan, Heather) Modified docket text and termed duplicate motion on 8/15/2012 (Waggoner, D). (Entered: 08/14/2012)
2012-09-07	33	OPPOSITION by United States Postal Service to 30 CROSS- MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Response to Plaintiff's Statement of Undisputed Facts, # 2 Supplemental Declaration of Alexander Wood)(Berwick, Benjamin) Modified on 9/11/2012 (Kastilahn, A). (Entered: 09/07/2012)
2012-09-07	34	REPLY by United States Postal Service to RESPONSE to 29 Motion for Summary Judgment. (Attachments: # 1 Supplemental Declaration of Alexander Wood)(Berwick, Benjamin) Modified on 9/11/2012 (Kastilahn, A). (Entered: 09/07/2012)
2012-09-24	35	Plaintiff's REPLY in SUPPORT of Cross-Motion for Summary Judgment [33. (Rowan, Heather) Modified on 9/25/2012 (Mena-Sanchez, L). (Entered: 09/24/2012)
2012-10-09	36	MINUTES (Text Only) for proceedings held before Judge Garland E. Burrell, Jr: MOTION HEARING held on 10/9/2012 re 30 MOTION for SUMMARY JUDGMENT filed by Fair Political Practices Commission, 29 Motion for Summary Judgment filed by United States Postal Service. Motions submitted. Plaintiffs Counsel Zachery Morazzini, Jack Woodside, Heather Rowan, Gary Winuk present. Defendants Counsel Benjamin Berwick present. Court Reporter/CD Number: Kimberly Bennett. (Furstenau, S) (Entered: 10/09/2012)
2012-10-16	37	ORDER signed by Judge Garland E. Burrell, Jr. on 10/15/12 ORDERING that USP's 29 Motion for Summary Judgment is DENIED,and the FPPC's 30 Cross Motion for Summary Judgment is GRANTED as follows: the USPS shall provide the FPPC with the requested information, namely, the number of pieces of mail sent on October 9th, 10th, and 22nd in 2008 using Permit No. 2058, within twenty (20) days of the date on which this Order is filed. Judgment shall be entered in favor of the Plaintiff. CASE CLOSED (Benson, A.) (Entered: 10/16/2012)
2012-10-16	38	JUDGMENT dated *10/16/12* in favor of plaintiff pursuant to order signed by Judge Garland E. Burrell, Jr. on 10/15/12. (Benson, A.) (Entered: 10/16/2012)
2012-10-16		SERVICE BY MAIL: 37 Order and 38 Judgment served on William Eisen. (Benson, A.) (Entered: 10/16/2012)
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