Case Detail

FOIA Project Annotation: Judge Tanya Chutkan has ruled that the U.S. Army Corps of Engineers has not shown that disclosure of the names of property owners listed in a public notice pertaining to the California Water Fix project would invade their privacy under Exemption 6 (invasion of privacy). AquAlliance requested application records regarding the public notice and the agency redacted identifying information of property owners. Ruling against the agency, Chutkan pointed out that "it appears that the only information revealed about the individuals on the list is that their properties are adjacent to the proposed project, which is information any individual could discern from simply looking at property records or a map of the area." She added that "while the threat of an 'unwanted barrage of mailings and personal solicitations' may establish a privacy interest, the Army Corps has failed to allege with any specificity what unwanted contact these individuals would face simply by being identified as living near the proposed project." She noted that "AquAlliance states that it requested the names and addresses on the Army Corps' distribution list to determine who was and was not notified by the Army Corps of the project proposal and whether they had an opportunity to participate in a public comment process. The withheld information reflects on the actions taken by the government in conducting its official business and reveals at least some information about what the government is up to. Therefore, the court finds that there is an identifiable public interest in the disclosure of the withheld records, and given the lack of a significant privacy interest, the court further finds that this public interest weighs in favor of disclosure."
Issues: Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2016-04-15	1	COMPLAINT against U.S. ARMY CORPS OF ENGINEERS ( Filing fee $ 400 receipt number 0090-4488113) filed by AQUALLIANCE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for U.S. Army Corps, # 3 Summons for U.S. Attorney General, # 4 Summons for Civil Process Clerk)(Kenna, Matt) (Entered: 04/15/2016)
2016-04-15	2	Corporate Disclosure Statement by AQUALLIANCE. (Kenna, Matt) (Entered: 04/15/2016)
2016-04-15		Case Assigned to Judge Tanya S. Chutkan. (md) (Entered: 04/15/2016)
2016-04-15	3	SUMMONS (3) Issued Electronically as to UNITED STATES ARMY CORPS OF ENGINEERS, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 04/15/2016)
2016-04-25	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/25/2016. Answer due for ALL FEDERAL DEFENDANTS by 5/25/2016. (Attachments: # 1 Return Receipt)(Kenna, Matt) (Main Document 4 replaced on 4/26/2016) (znmw). (Entered: 04/25/2016)
2016-04-25	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ARMY CORPS OF ENGINEERS served on 4/22/2016 (Attachments: # 1 Return Receipt)(Kenna, Matt) (Main Document 5 replaced on 4/26/2016) (znmw). (Entered: 04/25/2016)
2016-04-25	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/25/2016. (Attachments: # 1 Return Receipt)(Kenna, Matt) (Main Document 6 replaced on 4/26/2016) (znmw). (Entered: 04/25/2016)
2016-04-29	7	NOTICE of Appearance by Derrick Wayne Grace on behalf of UNITED STATES ARMY CORPS OF ENGINEERS (Grace, Derrick) (Entered: 04/29/2016)
2016-05-19	8	Consent MOTION for Extension of Time to File Answer or otherwise respond by UNITED STATES ARMY CORPS OF ENGINEERS (Grace, Derrick) (Entered: 05/19/2016)
2016-05-20		MINUTE ORDER: Granting 8 Consent Motion for Extension of Time to Answer. Defendants shall answer or otherwise respond to the complaint by June 8, 2016. Signed by Judge Tanya S. Chutkan on 5/20/16. (DJS) (Entered: 05/20/2016)
2016-06-08	9	MOTION for Summary Judgment by UNITED STATES ARMY CORPS OF ENGINEERS (Attachments: # 1 Statement of Facts, # 2 Declaration Platt, # 3 Declaration Faustino, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L)(Grace, Derrick) (Entered: 06/08/2016)
2016-06-17	10	Joint MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Summary Judgment and for a Briefing Schedule by AQUALLIANCE (Attachments: # 1 Text of Proposed Order)(Kenna, Matt) (Entered: 06/17/2016)
2016-06-20		MINUTE ORDER: Granting 10 Joint Motion for Extension of Time to File Response/Reply. Plaintiff will file its combined Motion for Summary Judgment and Response to Defendant's Motion for Summary Judgment by July 6, 2016. Defendant will file its combined Response/Reply by August 1, 2016. Plaintiff's reply due by August 12, 2016. Signed by Judge Tanya S. Chutkan on 6/20/16. (DJS) (Entered: 06/20/2016)
2016-06-21		Set/Reset Deadlines: Summary Judgment motion due by 7/6/2016. Response to Motion for Summary Judgment due by 8/1/2016. Reply to Motion for Summary Judgment due by 8/12/2016. (zsm) (Entered: 06/21/2016)
2016-07-06	11	MOTION for Summary Judgment by AQUALLIANCE (Attachments: # 1 Declaration of Barbara Vlamis, # 2 Text of Proposed Order)(Kenna, Matt) (Entered: 07/06/2016)
2016-07-06	12	RESPONSE re 9 MOTION for Summary Judgment filed by AQUALLIANCE. (Attachments: # 1 Declaration of Barbara Vlamis, # 2 Text of Proposed Order)(Kenna, Matt) (Entered: 07/06/2016)
2016-08-01	13	REPLY to opposition to motion re 11 MOTION for Summary Judgment , 9 MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment filed by UNITED STATES ARMY CORPS OF ENGINEERS. (Grace, Derrick) (Entered: 08/01/2016)
2016-08-11	14	REPLY to opposition to motion re 11 MOTION for Summary Judgment filed by AQUALLIANCE. (Kenna, Matt) (Entered: 08/11/2016)
2017-03-22	15	MEMORANDUM AND OPINION re 9 , 11 the parties' cross-motions for summary judgment. Signed by Judge Tanya S. Chutkan on 3/22/2017. (lctsc2) (Entered: 03/22/2017)
2017-03-22	16	ORDER granting in part and denying in part 9 Defendant's Motion for Summary Judgment; granting 11 Plaintiff's Motion for Summary Judgment. Defendant is ORDERED to release the withheld documents within 60 days of this Order. The parties are additionally ORDERED to file a joint status report by 5/22/2017. See Order for more details. Signed by Judge Tanya S. Chutkan on 3/22/2017. (lctsc2) (Entered: 03/22/2017)
2017-03-22		Set/Reset Deadlines: Joint Status Report due by 5/22/2017. (tb) (Entered: 03/22/2017)
2017-05-17	17	Consent MOTION for Extension of Time to File Joint Status Report by UNITED STATES ARMY CORPS OF ENGINEERS (Grace, Derrick) (Entered: 05/17/2017)
2017-05-18		MINUTE ORDER: Granting 17 Motion for Extension of Time to File Status Report. The parties shall file a Joint Status Report and proposed order by May 26, 2017. Signed by Judge Tanya S. Chutkan on 5/18/17. (DJS) (Entered: 05/18/2017)
2017-05-22		Set/Reset Deadlines: Joint Status Report due by 5/26/2017. (tb) (Entered: 05/22/2017)
2017-05-26	18	Joint STATUS REPORT by AQUALLIANCE. (Attachments: # 1 Text of Proposed Order)(Kenna, Matt) (Entered: 05/26/2017)
2017-06-06		MINUTE ORDER: Having considered the parties' Joint Status Report 18 , the parties shall have until June 26, 2017 to file a settlement agreement on Plaintiff's claim for attorney fees and other litigation costs or a Joint Status Report and proposed order. Signed by Judge Tanya S. Chutkan on 6/6/17. (DJS) (Entered: 06/06/2017)
2017-06-07		Set/Reset Deadlines: Settlement Agreement/Joint Status Report or proposed order due by 6/26/2017. (tb) (Entered: 06/07/2017)
2017-06-23	19	Joint STATUS REPORT by AQUALLIANCE. (Attachments: # 1 Text of Proposed Order)(Kenna, Matt) (Entered: 06/23/2017)
2017-06-24		MINUTE ORDER: Having considered the parties' Joint Status Report 19 it is hereby ordered the parties shall have until July 26, 2017 to file a settlement agreement on Plaintiff's claim for attorney fees and other litigation costs, or a Joint Status report (along with a proposed order) on whether a motion and briefing, or more settlement time, is needed. Signed by Judge Tanya S. Chutkan on 6/24/17. (DJS) (Entered: 06/24/2017)
2017-06-27	20	NOTICE OF SUBSTITUTION OF COUNSEL by Shanna Laura Cronin on behalf of All Defendants Substituting for attorney Derrick Grace (Cronin, Shanna) (Entered: 06/27/2017)
2017-06-30		Set/Reset Deadlines: The parties shall have until 7/26/2017 to file a settlement agreement on Plaintiff's claim for attorney fees and other litigation costs, or a Joint Status report (along with a proposed order) on whether a motion and briefing, or more settlement time, is needed. (jth) (Entered: 06/30/2017)
2017-07-26	21	STIPULATION of Settlement by UNITED STATES ARMY CORPS OF ENGINEERS. (Cronin, Shanna) (Entered: 07/26/2017)
2017-07-27	22	ORDER OF DISMISSAL: Dismissing action with prejudice. Signed by Judge Tanya S. Chutkan on 7/27/17. (DJS) (Entered: 07/27/2017)
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