Case Detail

FOIA Project Annotation: A federal court in Ohio has ruled that James Weikamp, the attorney for LTJV, a contractor for the Naval Housing Project at Guantanamo Bay, is not entitled to attorney's fees because, after finding that the factors concerning public interest and commercial or personal interest were neutral, the court concluded that the Department of the Navy had a reasonable basis in law for withholding the records. LTJV was awarded the original contract but completed only 25 percent of the work. As part of preparations for rebidding on the contract, Weikamp submitted a FOIA request on behalf of LTJV for any records concerning the project. After the agency denied access to some of the records, Weikamp filed suit. The court found the bid abstract had been improperly withheld under Exemption 4 (confidential business information), but that an independent cost estimate had been properly withheld under Exemption 5 (privileges). Weikamp then filed a motion for attorney's fees. The Navy argued that Weikamp was a pro se attorney litigant and was not entitled to fees. The court rejected that claim, noting that "although Plaintiff did not explicitly reference LTJV in his original FOIA request, it is clear that Plaintiff disclosed his client, LTJV, and its interests since the start of this litigation. LTJV is the 'real party-in-interest' and the proper focal point of the fees inquiry." Having found Weikamp was eligible for fees, the court assessed whether or not he was entitled to fees. The court indicated that "while there is public benefit in bringing Defendant into compliance with the FOIA, and providing some public knowledge to the Navy's bid review process, and perhaps assisting contractors generally with their [Contract Disputes Act] claims, the information at issue is highly particularized to a specific contract." The court next noted that "the withheld records seemed undiscoverable because Defendant's position was that they were exempt from disclosure under FOIA. However, LTJV seeks to use the records in support of LTJV's contract claim against Defendant, which is more of a commercial nature. . .Furthermore, Plaintiff's interest in the records is private and self-interested, rather than public in nature." Finding neither factor tipped the balance, the court assessed the reasonableness of the agency's withholding. The court observed that "plaintiff points to Defendant's delay in releasing the records and its argument shifting as examples of unreasonable conduct. Defendant's conduct is concerning. However, Defendant did point to specific, reasonable exemptions as the basis for its withholding. Although Defendant later released partially-redacted, responsive records, agreeing with Plaintiff that not all of the exemptions applied, the court does not find that Defendant had no reasonable basis in law for considering the documents exempt."
Issues: Litigation - Attorney's fees - Eligibility, Litigation - Attorney's fees - Entitlement - Reasonable Basis for Withholding

Date Filed	Doc #	Docket Text
2014-01-06	1	Complaint for Injunctive Relief against United States Department of the Navy. Filing fee paid $ 400, Receipt number 0647-6346387. Filed by James Weikamp. (Attachments: # 1 Exhibit Original FOIA Request) (Crist, Thomas) (Entered: 01/06/2014)
2014-01-07	2	Civil Cover Sheet filed by James Weikamp. Related document(s) 1 .(Crist, Thomas) (Entered: 01/07/2014)
2014-01-07	3	Summons in a Civil Action filed by James Weikamp. Related document(s) 1 .(Crist, Thomas) (Entered: 01/07/2014)
2014-01-07		Judge Solomon Oliver, Jr assigned to case. (M,TJ) (Entered: 01/07/2014)
2014-01-07		Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge White. (M,TJ) (Entered: 01/07/2014)
2014-01-08	4	Original Summons and Magistrate Consent Form issued to counsel for service upon United States Department of the Navy, US Attorney General and Office of the US Attorney. (Attachments: # 1 Magistrate Consent Form) (C,BA) (Entered: 01/08/2014)
2014-01-23	5	Return of Service by Certified Mail executed upon General Counsel of the Navy on 01/17/2014 filed on behalf of James Weikamp (Crist, Thomas) (Entered: 01/23/2014)
2014-01-23	6	Return of Service by Certified Mail executed upon United States Department of the Navy on 1/13/2014 filed on behalf of James Weikamp (Crist, Thomas) (Entered: 01/23/2014)
2014-01-31	7	Return of Service by Certified Mail executed upon United States Attorney General on January 22, 2014 filed on behalf of James Weikamp (Crist, Thomas) (Entered: 01/31/2014)
2014-02-10	8	Motion for extension of time until February 19, 2014 to answer filed by Defendant United States Department of the Navy. (Johnson, Lisa) (Entered: 02/10/2014)
2014-02-10		Order [non-document] granting unopposed 8 Motion for Extension of Time to Answer. Defendant, United States Department of the Navy answer due 2/19/2014. Approved by Judge Solomon Oliver, Jr on 2/10/2014.(D,M) (Entered: 02/10/2014)
2014-02-19	9	Motion for summary judgment filed by Defendant United States Department of the Navy. (Attachments: # 1 Memo in Support, # 2 Exhibit 1 - Declaration of April Christensen, # 3 Exhibit 2 - Declaration of Stefania Wanzie, # 4 Exhibit 3 - Vaughn Index)(Brizius, Erin) (Entered: 02/19/2014)
2014-03-04	10	Unopposed Motion for extension of time until 04/07/2014 to file response/reply to 9 Motion for summary judgment filed by Plaintiff James Weikamp. Related document(s) 9 . (Attachments: # 1 Proposed Order)(Crist, Thomas) (Entered: 03/04/2014)
2014-03-04		Order [non-document] granting 10 Unopposed Motion for Extension of Time until 4/7/2014 to File Response/Reply to (re 9 ) Motion for Summary Judgment. Approved by Judge Solomon Oliver, Jr., on 3/4/2014. (D,M) (Entered: 03/04/2014)
2014-03-18	11	Magistrate Consent Package issued. (D,M) (Entered: 03/18/2014)
2014-03-18	12	Case Management Conference Scheduling Order with case management conference to be held on 4/1/2014, at 3:00 PM at Chambers 19A before Judge Solomon Oliver Jr. Signed by Judge Solomon Oliver, Jr on 3/18/2014. (D,M) (Entered: 03/18/2014)
2014-03-25	13	Unopposed Motion to continue Pretrial Deadlines filed by Plaintiff James Weikamp. Related document(s) 12 . (Attachments: # 1 Proposed Order)(Crist, Thomas) Modified text to unopposed on 3/26/2014 (S,J). (Entered: 03/25/2014)
2014-03-31		Order [non-document] granting Plaintiff's Unopposed Motion to Continue Case Management Conference until after ruling on pending dispositive motions. (Related Doc # 13 ). Approved by Judge Solomon Oliver, Jr on 3/31/2014. (D,M) (Entered: 03/31/2014)
2014-04-07	14	Cross Motion for summary judgment and Motion in Opposition to Defendant's Motion for Summary Judgment filed by Plaintiff James Weikamp. Related document(s) 9 . (Crist, Thomas) (Entered: 04/07/2014)
2014-04-17	15	Unopposed Motion for extension of time until May 12, 2014 to File a Reply in Support of the Navy's Motion for Summary Judgment and an Opposition to Plaintiff's Cross-Motion for Summary Judgment filed by Defendant United States Department of the Navy. Related document(s) 9 , 14 . (Brizius, Erin) (Entered: 04/17/2014)
2014-04-28		Order [non-document] granting 15 Defendant, Department of Navy's Unopposed Motion for Extension of Time until 5/12/2014, within which to file a reply in support of the Navy's (re 9 ) Motion for Summary Judgment. Approved by Judge Solomon Oliver, Jr on 4/28/2014. (D,M) (Entered: 04/28/2014)
2014-05-09	16	Second Motion for extension of File a Reply in Support of the Navy's Motion for Summary Judgment and an Opposition to Plaintiff's Cross-Motion for Summary Judgment until June 11, 2014 filed by Defendant United States Department of the Navy. Related document(s) 9 , 14 . (Brizius, Erin) (Entered: 05/09/2014)
2014-05-12	17	Opposition to 16 Motion for extension of File a Reply in Support of the Navy's Motion for Summary Judgment and an Opposition to Plaintiff's Cross-Motion for Summary Judgment until June 11, 2014 filed by James Weikamp. (Crist, Thomas) (Entered: 05/12/2014)
2014-05-13	18	Reply in Support of Second Motion for Extension of Time filed by United States Department of the Navy. Related document(s) 17 , 16 . (Brizius, Erin) (Entered: 05/13/2014)
2014-05-20		Order [non-document] granting 16 Defendant, Department of the Navy's Second Motion for Extension of Time Until 6/11/2014, to respond to (re 9 ) Motion for Summary Judgment, and 14 Cross Motion for Summary Judgment. If Defendant Department of the Navy cannot file a complete Reply by 6/11/2014, it must file a Reply as to the issues surrounding Exemptions 3 and 5 by that date. Approved by Judge Solomon Oliver, Jr on 5/20/2014.(D,M) (Entered: 05/20/2014)
2014-06-11	19	Reply In Support of Defendant's Motion For Summary Judgment And Opposition To Plaintiff's Cross-Motion For Summary Judgment filed by United States Department of the Navy. Related document(s) 9 , 14 . (Attachments: # 1 Exhibit 1 - Revised Vaughn Index, # 2 Exhibit 2 - Declaration of Capt. Scott Hurst, # 3 Exhibit 3 - Affidavit of Robert Turnage, # 4 Exhibit 4 - Declaration of Brooks Blumenthal, # 5 Exhibit 5 - Affidavit of Randall Gibson, # 6 Exhibit 6 - Declaration of Laurie Muenz) (Brizius, Erin) (Entered: 06/11/2014)
2014-06-30	20	Reply in support of 14 Cross Motion for summary judgment and Motion in Opposition to Defendant's Motion for Summary Judgment filed by James Weikamp. (Crist, Thomas) (Entered: 06/30/2014)
2014-09-24	21	Order granting in part and denying in part Defendant's Motion for Summary Judgment (Related Doc # 9 ); and granting in part and denying in part Plaintiff's Cross-Motion for Summary Judgment (Related Doc # 14 ). Construing the evidence in the light most favorable to Defendant, the court finds that the Bid Abstract was improperly withheld under FOIA Exemption b(4). Thus, it grants Plaintiffs Cross-Motion for Summary Judgment in this regard and denies Defendant's Motion after construing the evidence in the light most favorable to Plaintiff. Construing the evidence in the light most favorable to Plaintiff, the court finds that the Independent Government Estimate was properly withheld under FOIA exemption b(5). Thus, it grants Defendant's Motion in this regard and denies Plaintiff's Motion when construing it in the light most favorable to Defendant. The court orders Defendant to disclose to Plaintiff the Bid Abstract previously withheld. The court also orders that Defendant may withhold the Independent Government Estimate under FOIA Exemption (b)5. Signed by Judge Solomon Oliver, Jr on 9/25/2014. (D,M) (Entered: 09/25/2014)
2014-09-24	22	Judgment Entry . Consistent with the court's Order of this same date (re 21 ) the court hereby enters judgment for Plaintiff on its Motion for Summary Judgment, finding that the Bid Abstract was improperly withheld by Defendant on FOIA Exemption b(4) and denies Plaintiffs Motion in regard to its claim that the Independent Government Estimate was improperly withheld under FOIAExemption b(5). Further, the court hereby enters judgment for Defendant on its Motion for Summary Judgment, finding that the Independent Government Estimate was properly withheld under FOIA Exemption b(5) and denies Defendants Motion in regard to its claim that the Bid Abstract was properly withheld under FOIA Exemption b(4). Signed by Judge Solomon Oliver, Jr on 9/24/2014. (D,M) (Entered: 09/25/2014)
2014-10-22	23	Motion to alter/amend judgment filed by Defendant United States Department of the Navy. Related document(s) 21 , 22 . (Attachments: # 1 Memorandum in Support)(Brizius, Erin) (Entered: 10/22/2014)
2014-11-10	24	Opposition to 23 Motion to alter/amend judgment filed by James Weikamp. (Crist, Thomas) (Entered: 11/10/2014)
2014-11-17	25	Reply To Plaintiff's Memorandum In Opposition To Defendant's Motion To Alter Or Amend Judgment filed by United States Department of the Navy. Related document(s) 24 . (Johnson, Lisa) (Entered: 11/17/2014)
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