Case Detail

FOIA Project Annotation: Judge Ellen Segal Huvelle has ruled that the Department of Housing and Urban Development conducted an adequate search and provided sufficient information in its Vaughn index and accompanying declaration to allow Huvelle to determine that the agency had properly invoked Exemption 5 (privileges) to withhold information from Judicial Watch concerning the City of St. Paul's use of a "disparate impact" theory of analysis for housing. Judicial Watch filed suit after HUD failed to respond within the statutory time limit. The agency searched 11 offices and provided a Vaughn index identifying more than 500 redacted or withheld records. Judicial Watch challenged the agency's search, noting that its declaration did not explain how the search was conducted in various offices. But Huvelle pointed out that "the government is not required to search everywhere a document might be. Instead, it is only required to search those places where a document is likely to be. Though some agencies may choose to search for responsive documents in a centralized fashion, using consistent search terms and techniques across various departments, nothing in FOIA's text or relevant case law requires an agency to do so. To the contrary, it is permissible for an agency to rely on subject matter experts to conduct individualized searches for documents when responding to FOIA requests." Huvelle rejected Judicial Watch's contention that the agency's declaration was inadequate because it did not identify which Exemption 5 privilege applied to specific documents. Huvelle noted that courts within this jurisdiction have repeatedly emphasized that a Vaughn index must simply 'indicate in some descriptive way which documents the agency is withholding and which FOIA exemptions it believes apply.'" She added that "to be sure, it would have been helpful for defendant to identify by name which specific privilege applies to which entries in its Vaughn index, as opposed to relying on [the agency's] declaration. Yet, so long as the Court is able to determine the existence of each essential element of an incorporated privilege, defendant should not be penalized for failure to identify a specific privilege by name." Judicial Watch argued the agency's declaration did not contain the elements of each privilege. But Huvelle explained "none of these alleged elements is required in order to establish the existence of the three privileges upon which defendant relies." Addressing Judicial Watch's challenge to the attorney-client privilege, she pointed out "the entries in the Vaughn index specifically identify the author and recipients of each communication, as well as the contents of the document. The narrative justifications also explicitly identify which communications were specifically 'among attorneys' and which were not. This provides a sufficient basis for plaintiff and the Court to assess whether an attorney-client relationship existed and whether the content of the communications was confidential."
Issues: Adequacy - Search, Exemption 5 - Privileges

Date Filed	Doc #	Docket Text
2012-11-02	1	COMPLAINT against UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ( Filing fee $ 350 receipt number 0090-3119442) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Orfanedes, Paul) (Entered: 11/02/2012)
2012-11-02	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Orfanedes, Paul) (Entered: 11/02/2012)
2012-11-02	3	NOTICE of Appearance by David Francis Rothstein on behalf of JUDICIAL WATCH, INC. (Rothstein, David) (Entered: 11/02/2012)
2012-11-02		Case Assigned to Judge Ellen S. Huvelle. (mmh) (Entered: 11/05/2012)
2012-11-05	4	ELECTRONIC SUMMONS Issued (3) as to UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Notice)(mmh) (Entered: 11/05/2012)
2012-11-09	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/8/2012. Answer due for ALL FEDERAL DEFENDANTS by 12/8/2012. (Attachments: # 1 Declaration of Cristina Rotaru)(Rothstein, David) (Entered: 11/09/2012)
2012-11-09	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/08/12. (Attachments: # 1 Declaration of Cristina Rotaru)(Rothstein, David) (Entered: 11/09/2012)
2012-11-09	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT served on 11/8/2012 (Attachments: # 1 Declaration of Cristina Rotaru)(Rothstein, David) (Entered: 11/09/2012)
2012-11-20	8	NOTICE of Appearance by Mary Elizabeth Stratton on behalf of UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Stratton, Mary) (Entered: 11/20/2012)
2012-12-03	9	NOTICE of Appearance by Ethan Price Davis on behalf of All Defendants (Davis, Ethan) (Entered: 12/03/2012)
2012-12-03	10	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Attachments: # 1 Text of Proposed Order)(Davis, Ethan) (Entered: 12/03/2012)
2012-12-04		MINUTE ORDER granting 10 defendant's Unopposed Motion for Extension of Time to Answer: it is hereby ORDERED that defendant's motion is GRANTED; and it is further ORDERED that defendant's answer is due by 12/19/2012. Signed by Judge Ellen S. Huvelle on December 4, 2012. (AG) (Entered: 12/04/2012)
2012-12-19	11	ANSWER to Complaint by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.(Davis, Ethan) (Entered: 12/19/2012)
2013-01-22	12	STATUS REPORT (Joint) by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Davis, Ethan) (Entered: 01/22/2013)
2013-01-22		MINUTE ORDER re 12 Joint Status Report: upon consideration of the parties' Joint Status Report, it is hereby ORDERED that defendant shall produce to plaintiff a Vaughn index by March 4, 2013; and it is further ORDERED that the parties shall file either a further joint status report or proposed briefing schedule by April 16, 2013. Signed by Judge Ellen S. Huvelle on January 22, 2013. (AG) (Entered: 01/22/2013)
2013-01-28		Set/Reset Deadlines: Vaughn Index due by 3/4/2013; Joint Status Report due by 4/16/2013. (gdf) (Entered: 01/28/2013)
2013-02-04	13	NOTICE OF SUBSTITUTION OF COUNSEL by Michael Charles Pollack on behalf of UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Substituting for attorney Ethan Price Davis and Mary Elizabeth Stratton (Pollack, Michael) (Entered: 02/04/2013)
2013-04-10	14	STATUS REPORT (Joint) by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Pollack, Michael) (Entered: 04/10/2013)
2013-04-11		MINUTE ORDER re 14 Joint Status Report filed on April 10, 2013: Upon consideration of the parties' joint status report, it is hereby ORDERED that the parties shall file either a third joint status report or a proposed briefing schedule by May 31, 2013. Signed by Judge Ellen S. Huvelle on April 11, 2013. (AG) (Entered: 04/11/2013)
2013-04-12		Set/Reset Deadlines: Joint Status Report and proposed briefing schedule due by 5/31/2013 (gdf) (Entered: 04/12/2013)
2013-05-09	15	STATUS REPORT (Joint) by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Pollack, Michael) (Entered: 05/09/2013)
2013-05-09		MINUTE ORDER re 15 Status Report: Upon consideration of the parties' joint status report, it is hereby ORDERED that the parties shall file either a third joint status report or a proposed briefing schedule by July 12, 2013. Signed by Judge Ellen S. Huvelle on May 9, 2013. (AG) (Entered: 05/09/2013)
2013-05-10		Set/Reset Deadlines: Third Joint Status Report or proposed briefing schedule due by 7/12/2013. (zmm, ) (Entered: 05/10/2013)
2013-07-12	16	STATUS REPORT (Joint) by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Pollack, Michael) (Entered: 07/12/2013)
2013-07-12		MINUTE ORDER re 16 Status Report filed by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT: Upon consideration of the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report or a proposed briefing schedule by September 20, 2013. Signed by Judge Ellen S. Huvelle on July 12, 2013. (AG) (Entered: 07/12/2013)
2013-07-15		Set/Reset Deadlines: Joint Status Report or proposed briefing schedule due by 9/20/2013. (mm, ) (Entered: 07/15/2013)
2013-09-17	17	STATUS REPORT (Fifth) and Briefing Schedule by JUDICIAL WATCH, INC.. (Rothstein, David) (Entered: 09/17/2013)
2013-09-17		MINUTE ORDER re 17 Fifth Status Report: Upon consideration of the parties' Fifth Status Report, it is hereby ORDERED that the parties' proposed briefing schedule as set forth therein is adopted by the Court. Signed by Judge Ellen S. Huvelle on September 17, 2013. (AG) (Entered: 09/17/2013)
2013-10-03	18	Unopposed MOTION to Stay All Deadlines Pending Restoration of Appropriations by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Attachments: # 1 Text of Proposed Order)(Pollack, Michael) (Entered: 10/03/2013)
2013-10-03		MINUTE ORDER granting 18 Motion to Stay: Upon consideration of Defendant's Unopposed Motion for a Stay of All Deadlines in Light of Lapse of Appropriations, it is hereby ORDERED that the motion is GRANTED; and it is FURTHER ORDERED that deadlines in this case are STAYED; and it is FURTHER ORDERED that, upon the restoration of appropriations, all current deadlines for the parties shall be extended commensurate with the duration of the lapse in appropriations. Signed by Judge Ellen S. Huvelle on October 3, 2013. (AG) (Entered: 10/03/2013)
2013-10-17	19	NOTICE of Restoration of Appropriations by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Pollack, Michael) (Entered: 10/17/2013)
2013-11-13	20	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Jih Declaration, # 4 Exhibit Exhibits A-M, # 5 Exhibit Exhibit N - Vaughn Index, # 6 Text of Proposed Order)(Pollack, Michael) (Entered: 11/13/2013)
2013-12-18	21	Memorandum in opposition to re 20 MOTION for Summary Judgment (with response to statement of facts) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Rothstein, David) (Entered: 12/18/2013)
2013-12-18	22	Cross MOTION for Summary Judgment (with statement of facts) by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Rothstein, David) (Entered: 12/18/2013)
2014-01-23	23	REPLY to opposition to motion re 20 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Pollack, Michael) (Entered: 01/23/2014)
2014-01-23	24	Memorandum in opposition to re 22 Cross MOTION for Summary Judgment (with statement of facts) filed by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Pollack, Michael) (Entered: 01/23/2014)
2014-02-03	25	REPLY to opposition to motion re 22 Cross MOTION for Summary Judgment (with statement of facts) filed by JUDICIAL WATCH, INC.. (Rothstein, David) (Entered: 02/03/2014)
2014-02-28	26	MEMORANDUM OPINION. Signed by Judge Ellen S. Huvelle on February 28, 2014.(lcesh2) (Entered: 02/28/2014)
2014-02-28	27	ORDER granting 20 defendant's motion for summary judgment and denying 22 plaintiff's cross-motion for summary judgment for the reasons stated in 26 Memorandum Opinion. Signed by Judge Ellen S. Huvelle on February 28, 2014.(lcesh2) (Entered: 02/28/2014)
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