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Case TitleUnited States of America v. City of Seattle et al
DistrictWestern District of Washington
CitySeattle
Case Number2:2016cv00889
Date Filed2016-06-13
Date Closed2017-01-17
JudgeJudge Richard A Jones
PlaintiffUnited States of America
Case DescriptionThe United States filed suit against the City of Seattle to prevent it from disclosing information about the location of law enforcement surveillance cameras on Seattle City Light poles and property in response to a Washington Public Records Act request submitted by a Seattle television station. The government claimed the information was sensitive law enforcement information that was prohibited from disclosure by the PRA. While this is not directly a FOIA case, it is essentially a reverse-FOIA action in which the U.S. government is attempting to block disclosure under Washington state law.
Complaint issues: Litigation - Reverse-FOIA

DefendantCity of Seattle
DefendantSeattle City Light
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [22]
FOIA Project Annotation: A federal court in Washington has ruled that the City of Seattle is prohibited from disclosing information about covert surveillance cameras mounted on Seattle City Light poles by the FBI. Learning that Seattle planned to disclose the information provided to Seattle City Light by the FBI in response to a Public Records Act request, the United States filed suit to block disclosure. Siding with the FBI, the court noted that "the requested information is (1) protected by the federal law enforcement privilege; (2) federal property, subject to the FBI's right to control and prohibit the disclosure of information by the City, absent the express authorization of the FBI; and (3) expressly protected from disclosure by the PRA. The Court is further persuaded that the disclosure of the requested information by the City will cause irreparable harm to important federal interests, namely, the ability to carry out effective investigations of criminal violations and national security threats."
Issues: Exemption 1 - Harm to national security
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-06-131COMPLAINT against All Defendants Attorney Peter Angus Winn added to party United States of America(pty:pla), filed by United States of America. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Winn, Peter) (Fee Waived) Modified on 6/13/2016 (DJ). (Entered: 06/13/2016)
2016-06-132MOTION for Temporary Restraining Order by Plaintiff United States of America. (Attachments: # 1 Proposed Order) Noting Date 6/13/2016, (Winn, Peter) Modified on 6/13/2016 (DJ). (Entered: 06/13/2016)
2016-06-133DECLARATION of Gregory Jennings filed by Plaintiff United States of America re 2 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Winn, Peter) Modified on 6/13/2016 (DJ). (Entered: 06/13/2016)
2016-06-134DECLARATION of Steven Gumtow filed by Plaintiff United States of America re 2 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Winn, Peter) Modified on 6/13/2016 (DJ). (Entered: 06/13/2016)
2016-06-13Judge Richard A. Jones added. (DJ) (Entered: 06/13/2016)
2016-06-135Summons(es) electronically issued as to defendant(s) City of Seattle, Seattle City Light. (Attachments: # 1 Summons)(DJ) (Entered: 06/13/2016)
2016-06-13NOTICE to Filer: PARTY NAME(S) ENTERED IN ALL CAPS: In the future when opening a new case, please DO NOT enter party name(s) in all caps. Thank you.(DJ) (Entered: 06/13/2016)
2016-06-136TEMPORARY RESTRAINING ORDER re govt's 2 Motion for TRO by Judge Richard A Jones.(RS) (Entered: 06/13/2016)
2016-06-138MINUTE ENTRY for proceedings held before Judge Richard A. Jones - Dep Clerk: Victoria Ericksen ; Pla Counsel: Peter Winn, Kayla Stahman ; Def Counsel: Michael Ryan, Jessica Nadelman ; CR: Andrea Ramirez ; TELEPHONE CONFERENCE held on 6/13/2016 on Plaintiff's 2 MOTION for Temporary Restraining Order. The court hears from counsel, makes findings on the record, and GRANTS Plaintiff's Motion for Temporary Restraining Order. (VE) (Entered: 06/14/2016)
2016-06-147NOTICE of Appearance by attorney Michael K Ryan on behalf of Defendants City of Seattle, Seattle City Light. (Ryan, Michael) (Entered: 06/14/2016)
2016-06-15Attorney Jessica Nadelman defendants added; per 7 Notice of Appearance. (RS) (Entered: 06/15/2016)
2016-06-169STIPULATION AND PROPOSED ORDER by parties re 6 Order on Motion for TRO (Winn, Peter) (Entered: 06/16/2016)
2016-06-2010AFFIDAVIT of Service of Summons and Complaint on Sabrina Johnson on 6/13/2016, filed by Plaintiff United States of America. (Winn, Peter) (Entered: 06/20/2016)
2016-06-2011AFFIDAVIT of Service of Summons and Complaint on Sabrina Johnson on 6/13/2016, filed by Plaintiff United States of America. (Winn, Peter) (Entered: 06/20/2016)
2016-06-2012STIPULATION AND ORDER by Judge Richard A. Jones. The Court's 6 Temporary Restraining Order is continued indefinitely. The hearing on a Preliminary Injunction shall be consolidated with the resolution of this case on the merits pursuant to Rule 65(a)(2). The Clerk is directed to not issue the Court's standard order regarding initial disclosures, joint status report, and early settlement. The Parties shall meet and confer, and within two weeks of the date of this Order, shall submit a briefing schedule for Plaintiff to file a motion for summary judgment. Should any of the PRA requesters identified in the Plaintiff's 2 TRO Motion seek leave to intervene in this case as Defendants, the Parties are directed to confer with the requesters regarding the briefing schedule. (VE) (Entered: 06/20/2016)
2016-06-2913STIPULATION AND PROPOSED ORDER RE BRIEFING SCHEDULE by parties (Stahman, Kayla) (Entered: 06/29/2016)
2016-06-3014NOTICE of Appearance by attorney Kayla Stahman on behalf of Plaintiff United States of America. (Stahman, Kayla) (Entered: 06/30/2016)
2016-06-3015NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Peter Angus Winn for Plaintiff United States of America. (Stahman, Kayla) (Entered: 06/30/2016)
2016-07-05Pursuant to the parties' 13 Stipulated Briefing Schedule, the following deadlines shall apply to this case: Deadline for Plaintiff's Opening Brief is 8/15/2016, Deadline for Defendants' Response is 9/12/1016, Deadline for Plaintiff's Reply is 9/30/2016. (VE) (Entered: 07/05/2016)
2016-08-1516MOTION for Summary Judgment by Plaintiff United States of America. Noting Date 9/30/2016, (Stahman, Kayla) (Entered: 08/15/2016)
2016-08-1617PROPOSED ORDER (Unsigned) re 16 MOTION for Summary Judgment (Stahman, Kayla) (Entered: 08/16/2016)
2016-09-1218RESPONSE, by Defendants City of Seattle, Seattle City Light, to 16 MOTION for Summary Judgment . (Ryan, Michael) (Entered: 09/12/2016)
2016-09-1219DECLARATION of Jessica Nadelman filed by Defendants City of Seattle, Seattle City Light re 16 MOTION for Summary Judgment (Attachments: # 1 Exhibit A)(Ryan, Michael) (Entered: 09/12/2016)
2016-09-2020NOTICE of Appearance by attorney Brian C Kipnis on behalf of Plaintiff United States of America. (Kipnis, Brian) (Entered: 09/20/2016)
2016-09-2821REPLY, filed by Plaintiff United States of America, TO RESPONSE to 16 MOTION for Summary Judgment (Stahman, Kayla) (Entered: 09/28/2016)
2017-01-1722ORDER granting govt's 16 Motion for Summary Judgment by Judge Richard A Jones.(RS) (Entered: 01/17/2017)
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by FOIA Project Staff
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