Case Detail

FOIA Project Annotation: A federal court in Louisiana has ruled that the National Transportation Safety Board waived its privilege to withhold records about a helicopter crash in Hawaii that killed the pilot and four passengers because it shared the records with Eurocopter and Turbomeca, the manufacturers of the helicopter, and Blue Hawaiian Helicopters, the operator of the helicopter. Tony Jobe, an attorney representing one of the families of the victims, requested records about the NTSB investigation after it had been completed. The agency searched through more than 13,000 pages but chose to disclose only 4,000 of them to Jobe. Of the 8,000 pages withheld by the NTSB, 2,349 pages were withheld under Exemption 5 (privileges). To narrow the scope of the records withheld by the agency, Jobe submitted a second FOIA request asking for only the on-scene phase of the investigation. In response, however, the agency informed Jobe that it had already sent him all non-exempt records in response to his first request. To avoid litigation, the agency re-reviewed the 2,349 pages withheld under Exemption 5 but released only an additional 159 pages. After Jobe filed suit, the agency provided a Vaughn index containing 215 documents the agency believed were responsive to Jobe's two requests. The court accepted the agency's Vaughn index as the basis for its decision. The court found that under Dept of Interior v. Klamath Water Users Protection Association, 532 U.S. 1 (2001), Eurocopter and Turbomeca did not qualify for the deliberative process privilege because their interests were adverse to those of the agency. The court noted that "as participants in the NTSB's investigation, Eurocopter and Turbomeca demonstrate the epitome of 'self-interested' individuals." The court added that "both Eurocopter and Turbomeca received a significant benefit here." The court found that while records that were shared only within the agency qualified for the deliberative process privilege, similar types of documents that were shared with outside parties lost any privilege claim because they did not meet the inter- or intra-agency record threshold.
Issues: Exemption 5 - Consultant privilege

Date Filed	Doc #	Docket Text
2018-11-06	1	COMPLAINT against National Transportation Safety Board (Filing fee $400 receipt number 053L-7217089) filed by Tony B. Jobe. (Attachments: # 1 Summons, # 2 Civil Cover Sheet)Attorney Tony Bryson Jobe added to party Tony B. Jobe(pty:pla).(Jobe, Tony) (Entered: 11/06/2018)
2018-11-06	2	Initial Case Assignment to Judge Jay C. Zainey and Magistrate Judge Daniel E. Knowles, III. (ess) (Entered: 11/06/2018)
2018-11-08	3	Summons Issued as to National Transportation Safety Board. (Attachments: # 1 Summons US Atty, # 2 Summons US Atty Gen)(lag) (Entered: 11/08/2018)
2018-12-06	4	EXPARTE/CONSENT MOTION for Extension of Time to Answer re 1 Complaint, by National Transportation Safety Board. (Attachments: # 1 Proposed Order)Attorney Brock Darren Dupre added to party National Transportation Safety Board(pty:dft).(Dupre, Brock) (Entered: 12/06/2018)
2018-12-10	5	ORDER granting 4 Motion for Extension of Time to Answer re 1 Complaint, as to National Transportation Safety Board answer due 12/31/2018. Signed by Judge Jay C. Zainey on 12/07/2018. (jeg) (Entered: 12/10/2018)
2018-12-27	6	ANSWER to 1 Complaint, by National Transportation Safety Board.(Dupre, Brock) (Entered: 12/27/2018)
2019-01-07	7	ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Dana Douglas. Magistrate Judge Daniel E. Knowles, III no longer assigned to case. Signed by Chief Judge Nannette Jolivette Brown.(ADI) (Entered: 01/07/2019)
2019-02-21	8	NOTICE of Hearing. Scheduling Conference set for 3/8/2019 10:10 AM before case manager by telephone. By Clerk. (jrc) (Entered: 02/21/2019)
2019-03-01	9	STATUS REPORT by Tony B Jobe (Jobe, Tony) (Entered: 03/01/2019)
2019-03-01	10	CERTIFICATE OF SERVICE by Tony B Jobe re 9 Status Report . (Jobe, Tony) (Entered: 03/01/2019)
2019-03-04	11	Correction of Docket Entry by Clerk re 10 Certificate of Service.** For all future pleadings please include the Certificate of Service at the end of each pleading, Stand alone Certificates of Service should never be filed as a separate document. ** (am) (Entered: 03/04/2019)
2019-03-08	12	SCHEDULING ORDER: Final Pretrial Conference set for 11/14/2019 09:30 AM before Judge Jay C. Zainey. Bench Trial set for 12/2/2019 09:30 AM before Judge Jay C. Zainey.. Signed by Judge Jay C. Zainey on 3/8/19. (Attachments: # 1 Pretrial Notice Form)(jrc) (Entered: 03/11/2019)
2019-05-02	13	MOTION to Compel Vaughn Index , MOTION for Attorney Fees by Tony B Jobe. Motion(s) referred to Dana Douglas. Motion(s) will be submitted on 5/29/2019. (Attachments: # 1 Exhibits to Motion to Compel, # 2 Memorandum in Support, # 3 Exhibits to Memorandum in Support, # 4 Proposed Order, # 5 Notice of Submission)(Jobe, Tony) Modified text on 5/3/2019 (mp). (Entered: 05/02/2019)
2019-05-06	14	ORDER Setting Oral Hearing on 13 MOTION to Compel Vaughn Index, MOTION for Attorney Fees. IT IS ORDERED that the Plaintiff's Motion to Compel a Vaughn Index [Doc. #13] is SET FOR ORAL HEARING before the undersigned Magistrate Judge on Wednesday,May 29, 2019 at 11:00 a.m. in Courtroom B305 at 500 Poydras St. (Hale Boggs Federal Bldg.), New Orleans, Louisiana. Any memorandum in opposition and any reply memorandum shall be filed in accordance with the Local Rules of this Court. Signed by Magistrate Judge Dana Douglas on 5/3/2019.(cg) (Entered: 05/06/2019)
2019-05-21	15	RESPONSE/MEMORANDUM in Opposition filed by National Transportation Safety Board re 13 MOTION to Compel Vaughn Index MOTION for Attorney Fees . (Dupre, Brock) (Entered: 05/21/2019)
2019-05-24	16	EXPARTE/CONSENT MOTION to Reset Hearing re 13 Motion to Compel Vaughn Index by Tony B Jobe. Motion(s) referred to Dana Douglas. (Attachments: # 1 Proposed Order)(Jobe, Tony) Modified on text/event 5/28/2019 (mp). (Entered: 05/24/2019)
2019-05-28	17	Correction of Docket Entry by Clerk re 16 MOTION to Continue Hearing. 1.) Filing attorney selected incorrect event. Correct event is Motion to Continue. Clerk took corrective action by changing the event. 2.) Filing attorney incorrectly linked document to document 14. Clerk properly linked document to document 13. No further action is necessary. (mp) (Entered: 05/28/2019)
2019-05-28	18	ORDER Setting/Resetting Oral Hearing on 13 MOTION to Compel. IT IS ORDERED that the Plaintiff's Motion to Compel a Vaughn Index [Doc. #13] is RESET FOR ORAL HEARING before the undersigned Magistrate Judge on Wednesday, June 12, 2019 at 11:00 a.m. in Courtroom B305 at 500 Poydras St. (Hale Boggs Federal Bldg.), New Orleans, Louisiana. Any memorandum in opposition and any reply memorandum shall be filed in accordance with the Local Rules of this Court. Signed by Magistrate Judge Dana Douglas on 5/28/2019.(cg) (Entered: 05/28/2019)
2019-05-31	19	DEFICIENT: REPLY to Response to Motion filed by Tony B Jobe re 13 MOTION to Compel Vaughn Index MOTION for Attorney Fees . (Jobe, Tony) Modified text on 6/3/2019 (mp). (Entered: 05/31/2019)
2019-06-04	20	**FILED IN ERROR - SEE R. DOC. 21**EXPARTE/CONSENT MOTION for Leave to File Brief in Reply to Defendant's Brief in Opposition to Plaintiff's Motion to Compel Vaughn Index by Tony B Jobe. Motion(s) referred to Dana Douglas. (Attachments: # 1 Exhibit Proposed Reply Brief, # 2 Proposed Order)(Jobe, Tony) Modified text on 6/4/2019 (mp). (Entered: 06/04/2019)
2019-06-04	21	EXPARTE/CONSENT MOTION for Leave to File Plaintiff's Brief in Reply to Defendant's Brief in Opposition to Plaintiff's Motion to Compel Vaughn Index by Tony B Jobe. Motion(s) referred to Dana Douglas. (Attachments: # 1 Exhibit Plaintiff's Reply Brief, # 2 Proposed Order)(Jobe, Tony) (Entered: 06/04/2019)
2019-06-05	22	ORDER granting 21 Motion for Leave to File Reply. Signed by Magistrate Judge Dana Douglas on 6/5/2019. (cg) (Entered: 06/05/2019)
2019-06-05	23	REPLY to Response to Motion filed by Tony B Jobe re 13 MOTION to Compel Vaughn Index MOTION for Attorney Fees . (cg) (Entered: 06/05/2019)
2019-06-12	24	Minute Entry for proceedings held before Magistrate Judge Dana Douglas: Motion Hearing held on 6/12/2019. IT IS ORDERED that the Plaintiff's Motion to Compel a Vaughn Index [Doc. #13] is TAKEN UNDER ADVISEMENT. (cg) (Entered: 06/12/2019)
2019-07-01	25	ORDER granting in part and denying in part 13 Motion to Compel and Motion for Attorney Fees. For the foregoing reasons, IT IS ORDERED that the Plaintiff's Motion to Compel a Vaughn Index [Doc. #13] is GRANTED IN PART. The Court denies any request for attorney's fees. Signed by Magistrate Judge Dana Douglas on 7/1/2019. (cg) (Entered: 07/01/2019)
2019-07-08	26	MOTION to Compel Defendant's Proper Responses to Plaintiff's First Request for Admissions , MOTION for Sanctions Pursuant to F.R.C.P. 37(a)(5) by Tony B Jobe. Motion(s) referred to Dana Douglas. Motion(s) will be submitted on 7/31/2019. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order, # 5 Notice of Submission)(Jobe, Tony) (Entered: 07/08/2019)
2019-07-09	27	ORDER Setting Oral Hearing on 26 MOTION to Compel Defendant's Proper Responses to Plaintiff's First Request for Admissions. IT IS ORDERED that the Plaintiff's Motion to Compel Defendant's Proper Responses to Plaintiff's First Requests for Admissions and for Sanctions [Doc. #26] is SET FOR ORAL HEARING before the undersigned Magistrate Judge on Wednesday, July 31, 2019 at 11:00 a.m. in Courtroom B305 at 500 Poydras St. (Hale Boggs Federal Bldg.), New Orleans, Louisiana. Any memorandum in opposition and any reply memorandum shall be filed in accordance with the Local Rules of this Court. Signed by Magistrate Judge Dana Douglas on 7/9/2019.(cg) (Entered: 07/09/2019)
2019-07-10	28	MOTION for Summary Judgment by National Transportation Safety Board. Motion(s) will be submitted on 8/7/2019. (Attachments: # 1 Memorandum in Support, # 2 Statement of Contested/Uncontested Facts, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Notice of Submission)(Dupre, Brock) (Entered: 07/10/2019)
2019-07-18	29	***DEFICIENT*** EXPARTE/CONSENT First MOTION for Extension of Time to File Response/Reply as to 28 MOTION for Summary Judgment by Tony B Jobe. Motion(s) referred to Dana Douglas. (Attachments: # 1 Declaration of Tony B. Jobe, # 2 Exhibit "A", # 3 Proposed Order)(Jobe, Tony) Modified on 7/19/2019 (ajn). (Entered: 07/18/2019)
2019-07-18	30	MOTION to Compel Compliance With This Court's July 1, 2019 Order , MOTION for Sanctions Pursuant to F.R.C.P. 37(b)(2)(A)(iv) by Tony B Jobe. Motion(s) referred to Dana Douglas. Motion(s) will be submitted on 8/7/2019. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Tony B. Jobe, # 3 Exhibit "A", # 4 Proposed Order, # 5 Notice of Submission)(Jobe, Tony) (Entered: 07/18/2019)
2019-07-19	31	MOTION for Extension of Time to File Response/Reply as to 28 MOTION for Summary Judgment by Tony B Jobe. Motion(s) will be submitted on 8/7/2019. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Tony B. Jobe, # 3 Exhibit "A", # 4 Proposed Order, # 5 Notice of Submission)(Jobe, Tony) Modified text on 7/22/2019 to remove referral to magistrate judge. (ajn). (Entered: 07/19/2019)
2019-07-22	32	ORDER for hard copy re 28 MOTION for Summary Judgment filed by National Transportation Safety Board. Signed by Judge Jay C. Zainey on 7/19/19.(jrc) (Entered: 07/22/2019)
2019-07-22	33	Correction of Docket Entry by Clerk re 31 MOTION for Extension of Time to File Response/Reply as to 28 MOTION for Summary Judgment. **Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decidedby the Magistrate Judge Y/N?'. This motion will be decided by the District Judge. Clerk took corrective action.** (ajn) (Entered: 07/22/2019)
2019-07-23	34	ORDER Setting Oral Hearing on 30 MOTION to Compel. IT IS ORDERED that the Plaintiff's Motion to Compel Compliance with This Court's July 1, 2019 Order and for Sanctions [Doc. #30] is SET FOR ORAL HEARING before the undersigned Magistrate Judge on Wednesday, July 31, 2019 at 11:00 a.m. in Courtroom B305 at 500 Poydras St. (Hale Boggs Federal Bldg.), New Orleans, Louisiana. Any memorandum in opposition and any reply memorandum shall be filed in accordance with the Local Rules of this Court. Signed by Magistrate Judge Dana Douglas on 7/22/2019.(cg) (Entered: 07/23/2019)
2019-07-23	35	RESPONSE/MEMORANDUM in Opposition filed by National Transportation Safety Board re 26 MOTION to Compel Defendant's Proper Responses to Plaintiff's First Request for Admissions MOTION for Sanctions Pursuant to F.R.C.P. 37(a)(5) . (Dupre, Brock) (Entered: 07/23/2019)
2019-07-24	36	RESPONSE/MEMORANDUM in Opposition filed by National Transportation Safety Board re 30 MOTION to Compel Compliance With This Court's July 1, 2019 Order MOTION for Sanctions Pursuant to F.R.C.P. 37(b)(2)(A)(iv) . (Dupre, Brock) (Entered: 07/24/2019)
2019-07-24	37	ORDER granting 31 Motion for Extension of Time to File Response/Reply. Plaintiff's opposition to the Motion for Summary Judgment (Rec. Doc. 28) is due no later than twenty-one (21) days after the Magistrate's decision on the pending motions to compel. Signed by Judge Jay C. Zainey. (jrc) (Entered: 07/24/2019)
2019-07-26	38	EXPARTE/CONSENT MOTION for Leave to File Memorandum in Reply to Defendant's Opposition to Plaintiff's Motion to Compel Defendant's Proper Answers to Plaintiff's First Request for Admissions and For Sanctions by Tony B Jobe. Motion(s) referred to Dana Douglas. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit Reply Brief Exhibit "A", # 4 Exhibit Reply Brief Exhibit "B")(Jobe, Tony) Modified text on 7/29/2019 (clw). (Entered: 07/26/2019)
2019-07-26	39	EXPARTE/CONSENT MOTION for Leave to File Plaintiff's Brief in Reply to Defendant's Opposition to Plaintiff's Motion to Compel Compliance With This Court's July 1, 2019 Order and For Sanctions by Tony B Jobe. Motion(s) referred to Dana Douglas. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit Plaintiff's Reply Memorandum Exhibit A, # 4 Exhibit Plaintiff's Reply Memorandum Exhibit B)(Jobe, Tony) Modified text on 7/29/2019 (clw). (Entered: 07/26/2019)
2019-07-29	40	ORDER granting 38 Motion for Leave to File Reply. Signed by Magistrate Judge Dana Douglas on 7/29/2019. (cg) (Entered: 07/29/2019)
2019-07-29	41	REPLY to Response to Motion filed by Tony B Jobe re 30 MOTION to Compel Compliance With This Court's July 1, 2019 Order MOTION for Sanctions Pursuant to F.R.C.P. 37(b)(2)(A)(iv) . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(cg) (Entered: 07/29/2019)
2019-07-29	42	ORDER granting 39 Motion for Leave to File Reply. Signed by Magistrate Judge Dana Douglas on 7/29/2019. (cg) (Entered: 07/29/2019)
2019-07-29	43	REPLY to Response to Motion filed by Tony B Jobe re 30 MOTION to Compel Compliance With This Court's July 1, 2019 Order MOTION for Sanctions Pursuant to F.R.C.P. 37(b)(2)(A)(iv) . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(cg) (Entered: 07/29/2019)
2019-08-29	44	ORDER denying 26 Motion to Compel and denying 26 Motion for Sanctions.. Signed by Magistrate Judge Dana Douglas on 8/29/2019. (cg) (Entered: 08/29/2019)
2019-09-13	45	EXPARTE/CONSENT MOTION to Stay re 12 Scheduling Order, by Tony B Jobe. (Attachments: # 1 Proposed Order)(Jobe, Tony) (Entered: 09/13/2019)
2019-09-16	46	ORDER granting 45 MOTION to Stay Pretrial Deadlines with the exception of the 10/16/2019 deadline for notice of submission of dispositive motions are stayed pending this Court's rulings on the parties' Motions for Summary Judgment. IT IS FURTHER ORDERED that Defendant's 28 MOTION for Summary Judgment is reset for submission on 10/16/2019 on the briefs. Signed by Judge Jay C. Zainey on 9/16/2019.(ajn) (Entered: 09/16/2019)
2019-09-19	47	EXPARTE/CONSENT MOTION for Leave to File Excess Pages by Tony B Jobe. (Attachments: # 1 Proposed Order)(Jobe, Tony) (Main Document 47 replaced on 9/20/2019) (ajn). (Additional attachment(s) added on 9/20/2019: # 2 Certificate of Compliance) (ajn). (Entered: 09/19/2019)
2019-09-19	48	Cross MOTION for Summary Judgment by Tony B Jobe. Motion(s) will be submitted on 10/16/2019. (Attachments: # 1 Memorandum in Support and Memorandum in Opposition to Defendant's Motion for Summary Judgment, # 2 Exhibit Jobe Declaration, # 3 Exhibit A-Jobe Declaration, # 4 Exhibit B-Jobe Declaration, # 5 Exhibit C-Jobe Declaration Exhibit C, # 6 Exhibit D-Jobe Declaration, # 7 Exhibit E-Jobe Declaration, # 8 Exhibit Hamilton Declaration, # 9 Statement of Contested/Uncontested Facts, # 10 Notice of Submission)(Jobe, Tony) Modified text on 9/20/2019 (ajn). (Additional attachment(s) added on 9/24/2019 per order: # 11 Exhibit 1, # 12 Exhibit 2, # 13 Exhibit 3, # 14 Exhibit 4, # 15 Exhibit 5, # 16 Exhibit 6, # 17 Exhibit 7, # 18 Exhibit 8) (ko). (Entered: 09/20/2019)
2019-09-20	49	EXPARTE/CONSENT MOTION for Leave to File Supplement to Plaintiff's Cross Motion for Summary Judgment [Rec. 48] by Tony B Jobe. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Proposed Order)(Jobe, Tony) (Entered: 09/20/2019)
2019-09-24	50	ORDER GRANTING 47 Motion for Leave to File Excess Pages. Signed by Judge Jay C. Zainey on 9/20/2019. (jeg) (Entered: 09/24/2019)
2019-09-24	51	ORDER: ORDERED that counsel for the Plaintiff shall deliver a hard copy of its filing located at document number 48 Cross MOTION for Summary Judgment as set forth in document. Signed by Judge Jay C. Zainey on 9/20/2019.(jeg) (Entered: 09/24/2019)
2019-09-24	52	ORDER granting 49 Motion for Leave to File Exhibits. Signed by Judge Jay C. Zainey on 9/23/19. (ko) (Entered: 09/24/2019)
2019-10-08	53	RESPONSE/MEMORANDUM in Opposition filed by National Transportation Safety Board re 48 Cross MOTION for Summary Judgment . (Attachments: # 1 Statement of Contested/Uncontested Facts)(Dupre, Brock) (Entered: 10/08/2019)
2019-10-15	54	EXPARTE/CONSENT MOTION for Leave to File Memorandum in Reply to Defendant's Memorandum in Opposition to Plaintiff's Motion for Summary Judgment by Tony B Jobe. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Statement of Material Facts)(Jobe, Tony) Modified text on 10/16/2019 (ajn). (Entered: 10/15/2019)
2019-10-16	55	ORDER granting 54 Motion for Leave to File Reply. Signed by Judge Jay C. Zainey on 10/16/19. (ko) (Entered: 10/16/2019)
2019-10-16	56	REPLY to Response to Motion filed by Tony B Jobe re 48 Cross MOTION for Summary Judgment . (Attachments: # 1 Statement of Material Facts)(ko) (Entered: 10/16/2019)
2019-10-29	57	ORDER: IT IS ORDERED that by 11/18/2019, the National Transportation Safety Board shall produce pages 1 through 215 which are listed on the Index of Withheld Records (Rec. Doc 28-6) for an in camera inspection by the Court. Signed by Judge Jay C. Zainey on 10/29/2019. (ajn) (Entered: 10/29/2019)
2019-11-13	58	ORDER CANCELLING PRETRIAL CONFERENCE: IT IS ORDERED that the Pretrial Conference set for Thursday, 11/14/2019, is CANCELLED. Signed by Judge Jay C. Zainey on 11/13/2019.(ajn) (Entered: 11/13/2019)
2019-11-18	59	ORDER AND REASONS granting in part and denying in part 48 Cross Motion for Summary Judgment; granting in part and denying in part 28 Motion for Summary Judgment. The NTSB must release to Jobe Documents 1-61, 123-156, and 165-206 on the Vaughn index submitted by the NTSB. (Rec. Doc. 28-6). Jobes request for the NTSB to produce Documents 62-122, 157-164, and 207- 215 is denied. Signed by Judge Jay C. Zainey on 11/18/2019. (mm) (Entered: 11/19/2019)
2019-11-20	60	JUDGMENT: IT IS ORDERED, ADJUDGED AND DECREED that there be judgment in favor of the plaintiff, Tony B. Jobe, and against defendant NTSB. The NTSB must release to Jobe Documents 1-61, 123-156, and 165-206 on the Vaughn index submitted by the NTSB. Signed by Judge Jay C. Zainey on 11/19/2019.(ajn) (Entered: 11/20/2019)
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