Case Detail

FOIA Project Annotation: Judge Dabney Friedrich has ruled that the Consumer Financial Protection Bureau properly invoked Exemption 7(E) (investigative methods or techniques) to withhold information about its interview questions. Frank LLP, a law firm suing Portfolio Recovery Associates, requested records concerning a CFPB enforcement action against PRA that resulted in a consent order. Frank contended that the techniques and procedures used in interviewing professional affiants could not have included techniques unknown to the public. Friedrich, however, pointed out that two recent district court decisions â€" Barouch v. Dept of Justice 87 F. Supp. 3d 30 (D.D.C. 2015) and Rosenberg v. Immigration and Customs Enforcement, 13 F. Supp. 3d 92 (D.D.C. 2014) â€" held that questions asked by ATF and FBI agents constituted investigative techniques under Exemption 7(E). Friedrich observed that "the redacted materials 'contain the specific questions asked by the Bureau investigators of two PRA affiants' including the specific information and types of information sought, the manner of questioning, the sequencing of questioning, and the manner and sequencing of follow-up questions on specific items of interest'. . ." Frank tried to distinguish Rosenberg by arguing that in that case the withheld questions included potential questions as well as the questions actually asked. Friedrich was unconvinced that was much of a distinction, noting that "it is not clear which way that cuts â€" the fact that the transcripts here contain actual instead of potential questions may actually reveal more about what the CFPB ultimately considers important. And second, even assuming this fact cuts in Frank's favor, the difference is only in the quantity â€" not the qualityâ€"of information disclosed: even if only some rather than all potential avenues of CFPB investigative questioning are revealed, they still reveal 'what the [CFPB] deems relevant to investigations.'" Friedrich pointed out that the threshold for inclusion under Exemption 7(E) was not particularly high and that the agency had cleared this "relatively low bar."
Issues: Exemption 7(E) - Unknown to public

Date Filed	Doc #	Docket Text
2016-10-21	1	COMPLAINT against CONSUMER FINANCIAL PROTECTION BUREAU ( Filing fee $ 400 receipt number 0090-4717375) filed by FRANK LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Civil Cover Sheet, # 11 Summons CFPB, # 12 Summons US AG, # 13 Summons US Atty-DC)(Frank, Gregory) (Entered: 10/21/2016)
2016-10-21	2	Corporate Disclosure Statement by FRANK LLP. (Frank, Gregory) (Entered: 10/21/2016)
2016-10-24		Case Assigned to Judge Richard J. Leon. (sb) (Entered: 10/24/2016)
2016-10-24	3	SUMMONS (3) Issued Electronically as to CONSUMER FINANCIAL PROTECTION BUREAU, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(sb) (Entered: 10/24/2016)
2016-11-04	4	NOTICE of Filing of Proof of Service by FRANK LLP (Attachments: # 1 Affidavit s of Process Server Brittney Drum, # 2 Exhibit Reflecting Certified Mailings per FRCP 4(i))(Frank, Gregory) (Entered: 11/04/2016)
2016-11-04	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/25/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 11/24/2016.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CONSUMER FINANCIAL PROTECTION BUREAU served on 10/31/2016, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/25/16. (See Docket Entry 4 to view document). (znmw) (Entered: 11/07/2016)
2016-11-23	6	ANSWER to Complaint by CONSUMER FINANCIAL PROTECTION BUREAU.(Peterson, Benton) (Entered: 11/23/2016)
2016-11-28	7	STANDING ORDER. Signed by Judge Richard J. Leon on 11/28/16. (lcrjl1) (Entered: 11/28/2016)
2017-01-06	8	Joint STATUS REPORT pursuant to this Court's Nov. 28, 2016 Order by FRANK LLP. (Frank, Gregory) (Entered: 01/06/2017)
2017-01-09		MINUTE SCHEDULING ORDER: Upon consideration of the parties' Joint Status Report 8 , it is hereby ORDERED that the following schedule is ADOPTED: (1) Defendant shall file its motion for summary judgment on or before 04/03/17; (2) Plaintiff shall file its opposition on or before 05/10/17; (3) Defendant shall file its reply on or before 05/29/17. Signed by Judge Richard J. Leon on 01/09/17. (lcrjl1) (Entered: 01/09/2017)
2017-01-17		Set/Reset Deadlines: Defendant's Motion for Summary Judgment is due by 4/3/17; Plaintiff's Opposition is due by 5/10/17; Defendant's reply is due by 5/29/17. (jth) (Entered: 01/17/2017)
2017-03-31	9	Joint MOTION to Stay by CONSUMER FINANCIAL PROTECTION BUREAU (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 03/31/2017)
2017-04-10		MINUTE ORDER: Upon consideration of the parties' Joint Motion to Stay Briefing Schedule 9 , it is hereby ORDERED that the briefing schedule set in the Court's 01/09/17 Minute Scheduling Order is VACATED, and the parties are ORDERED to file a joint status report on or before 04/20/17. Signed by Judge Richard J. Leon on 04/10/17. (lcrjl1) (Entered: 04/10/2017)
2017-04-10		Set/Reset Deadlines: The parties are to file a Joint Status Report on or before 4/20/17. (jth) (Entered: 04/10/2017)
2017-04-20	10	Joint MOTION to Stay by FRANK LLP (Attachments: # 1 Text of Proposed Order)(Frank, Gregory) (Entered: 04/20/2017)
2017-04-20	11	JOINT STATUS REPORT by CONSUMER FINANCIAL PROTECTION BUREAU, FRANK LLP. (See Docket Entry 10 to view document). (znmw) (Entered: 04/21/2017)
2017-04-24		MINUTE ORDER: Upon consideration of the parties' Joint Status Report and Motion to Extend the Stay 10 , it is hereby ORDERED that the parties will file a joint status report on or before 6/6/2017. Signed by Judge Richard J. Leon on 04/24/17. (lcrjl1) (Entered: 04/24/2017)
2017-06-02	12	NOTICE of Change of Address by Gregory A. Frank (Frank, Gregory) (Entered: 06/02/2017)
2017-06-05	13	Joint MOTION to Stay Briefing Schedule by CONSUMER FINANCIAL PROTECTION BUREAU (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) Modified event title on 6/6/2017 (znmw). (Entered: 06/05/2017)
2017-06-12		MINUTE ORDER: Upon consideration of the parties' Joint Status Report and Motion to Extend the Stay 13 , it is hereby ORDERED that the parties will file a joint status report on or before 06/27/2017. Signed by Judge Richard J. Leon on 06/12/17. (lcrjl1) (Entered: 06/12/2017)
2017-06-12		Set/Reset Deadlines: Joint Status Report due by 6/27/2017. (tb) (Entered: 06/12/2017)
2017-06-27	14	Joint STATUS REPORT and Proposed Briefing Schedule by FRANK LLP. (Attachments: # 1 Text of Proposed Order)(Frank, Gregory) (Entered: 06/27/2017)
2017-07-03	15	ORDER. Upon consideration of the 14 Status Report submitted by the Parties, and the entire record herein, it is ORDERED that, Defendant's Motion for Summary Judgment is due by 8/15/2017; Plaintiff's Response is due by 9/19/2017; and Defendants' Reply is due by 10/5/2017. SO ORDERED. Signed by Judge Richard J. Leon on 7/1/2017. (jth) (Entered: 07/03/2017)
2017-08-15	16	MOTION for Summary Judgment by CONSUMER FINANCIAL PROTECTION BUREAU (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Declaration, # 4 Text of Proposed Order)(Peterson, Benton) (Entered: 08/15/2017)
2017-08-15	17	MOTION for Leave to File an Ex Parte and In Camera Declartion by CONSUMER FINANCIAL PROTECTION BUREAU (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 08/15/2017)
2017-08-28		MINUTE ORDER granting 17 Defendant's Motion for Leave to File an Ex Parte and In Camera Declaration. It is hereby ORDERED that the motion is granted. It is further ORDERED that an unredacted version of the Cara Petersen declaration [16-2] be submitted directly to judge's chambers on or before September 8, 2017. The Defendant shall file notice of compliance with this order on the docket. Signed by Judge Richard J. Leon on 08/28/2017. (lcrjl1) (Entered: 08/28/2017)
2017-08-31		Set/Reset Deadlines: Defendant's unredacted version of the Cara Petersen declaration [16-2] shall be submitted directly to judge's chambers on or before 9/8/2017. (jth) (Entered: 08/31/2017)
2017-09-07	18	NOTICE of Filing Ex Parte In Camera Document by CONSUMER FINANCIAL PROTECTION BUREAU re 16 MOTION for Summary Judgment (Peterson, Benton) (Entered: 09/07/2017)
2017-09-19	19	Memorandum in opposition to re 16 MOTION for Summary Judgment filed by FRANK LLP. (Attachments: # 1 Statement of Facts pursuant to Local Rule 7(h), # 2 Declaration of Gregory A. Frank, # 3 Text of Proposed Order)(Frank, Gregory) (Entered: 09/19/2017)
2017-09-19	20	Cross MOTION for Summary Judgment by FRANK LLP (Attachments: # 1 Statement of Facts pursuant to Local Rule 7(h), # 2 Declaration of Gregory A. Frank, # 3 Text of Proposed Order)(Frank, Gregory) (Entered: 09/19/2017)
2017-10-05	21	Memorandum in opposition to re 20 Cross MOTION for Summary Judgment filed by CONSUMER FINANCIAL PROTECTION BUREAU. (Attachments: # 1 Statement of Facts)(Peterson, Benton) (Entered: 10/05/2017)
2017-10-05	22	REPLY to opposition to motion re 20 Cross MOTION for Summary Judgment filed by CONSUMER FINANCIAL PROTECTION BUREAU. (Attachments: # 1 Statement of Facts)(Peterson, Benton) (Entered: 10/05/2017)
2017-12-04		Case directly reassigned to Judge Dabney L. Friedrich. Judge Richard J. Leon is no longer assigned to the case. (ztnr) (Entered: 12/04/2017)
2018-09-04	23	ORDER granting 16 defendant's Motion for Summary Judgment; denying 20 plaintiff's Cross-Motion for Summary Judgment. See order for details. Signed by Judge Dabney L. Friedrich on September 4, 2018. (lcdlf1) (Entered: 09/04/2018)
2018-09-04	24	MEMORANDUM OPINION regarding 16 defendant's Motion for Summary Judgment and 20 plaintiff's Cross-Motion for Summary Judgment. See order for details. Signed by Judge Dabney L. Friedrich on September 4, 2018. (lcdlf1) (Entered: 09/04/2018)
2018-09-04		MINUTE ORDER directing the Clerk of Court to close the case. (lcdlf1) (Entered: 09/04/2018)
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