Case Detail

FOIA Project Annotation: Judge Amy Berman Jackson has ruled that the Department of the Navy has not shown that redactions made to an investigation report of charges against Courtland Savage, an African American and former naval officer assigned to as a student pilot with the Navy's Strike Fighter Squadron, who was removed from the program after a subjective review board, were proper. Savage challenged the outcome, arguing that he was the victim of racial discrimination. The Navy conducted an investigation and Vice Admiral Dewolfe Miller endorsed some but not all portions of the final report. In response to Savage's FOIA request, the agency disclosed a redacted version of the report, withholding information under Exemption 5 (privileges). Berman Jackson found that the redactions were covered by the deliberative process privilege. But Berman Jackson explained that the Navy had failed to satisfy the foreseeable harm standard. She noted that "since it is already publicly known that the Vice Admiral rejected recommendations from the investigating officer he appointed, the excision of his observations might have more of a chilling effect on future investigations than the release of the information would." She observed that "if the purpose of the Act is to enable the public 'to be informed' about what their government is up to,' and to make it own judgment concerning the validity of governmental decision making, that purpose will be frustrated in this case if the public is only given access to the decision to delete statements or conclusions and not to the matters the Vice Admiral decided to delete. Under those unique circumstances, the Navy's recitation of boilerplate warnings of the harm that could flow from disclosing deliberative material is particularly unpersuasive as a basis for withholding it in this case." Berman Jackson indicated that personally identifying information had been properly redacted under Exemption 7(C) (invasion of privacy concerning law enforcement records). She pointed out that "the privacy interest in this case is clear: individuals were named in the report in connection with allegation of racial bias and harassment." She observed that "the specter of third parties losing some degree of privacy is hardly theoretical; one of the goals of this lawsuit is to publish unredacted materials which plaintiff's lawyer has already seen." Savage argued that there was a public interest in disclosure, but Berman Jackson indicated that "these significant interests can be fulfilled without revealing the names of every individual involved in this case."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 5 - Privileges - Deliberative process privilege - Predecisional

Date Filed	Doc #	Docket Text
2019-10-03	1	COMPLAINT against DEPARTMENT OF THE NAVY ( Filing fee $ 400 receipt number 0090-6416759) filed by Courtland Savage. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Montalvo, Eric) (Entered: 10/03/2019)
2019-10-09		Case Assigned to Judge Amy Berman Jackson. (zeg) (Entered: 10/09/2019)
2019-10-09	2	SUMMONS (3) Issued Electronically as to DEPARTMENT OF THE NAVY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 10/09/2019)
2019-11-14	3	NOTICE of Appearance by Christopher Charles Hair on behalf of DEPARTMENT OF THE NAVY (Hair, Christopher) (Entered: 11/14/2019)
2019-11-15	4	Consent MOTION for Extension of Time to File Answer re 1 Complaint by DEPARTMENT OF THE NAVY (Hair, Christopher) (Entered: 11/15/2019)
2019-11-19		MINUTE ORDER granting 4 Motion for Extension of Time to Answer. Defendant must answer or otherwise respond to plaintiff's complaint by December 18, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/19/2019. (lcabj2) (Entered: 11/19/2019)
2019-12-17	5	Consent MOTION to Stay PROCEEDINGS by COURTLAND SAVAGE (Attachments: # 1 Text of Proposed Order)(Montalvo, Eric) (Entered: 12/17/2019)
2019-12-19		MINUTE ORDER granting 5 Motion to Stay. The proceedings are hereby STAYED pending resolution of plaintiff's administrative appeal. The parties must inform the Court within three business days of the administrative decision. At that time, the parties must also provide a proposed schedule for further proceedings. The parties must file a status report on March 2, 2020 if there has been no notice in the interim. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/19/2019. (lcabj2) (Entered: 12/19/2019)
2020-03-02	6	Joint STATUS REPORT by COURTLAND SAVAGE. (Montalvo, Eric) (Entered: 03/02/2020)
2020-03-02		MINUTE ORDER. The parties must file another status report by May 1, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/2/2020. (lcabj2) (Entered: 03/02/2020)
2020-05-01	7	Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Hair, Christopher) (Entered: 05/01/2020)
2020-05-06		MINUTE ORDER. The parties must file another status report by June 1, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/6/2020. (lcabj2) (Entered: 05/06/2020)
2020-06-01	8	Joint STATUS REPORT by COURTLAND SAVAGE. (Attachments: # 1 Text of Proposed Order Proposed Order)(Montalvo, Eric) (Entered: 06/01/2020)
2020-06-02		MINUTE ORDER. In light of the parties' joint status report 8 , the Court will adopt the following schedule: (1) Plaintiff's supplemental complaint is due on June 22, 2020. (2) Defendant's answer is due on July 6, 2020. (3) Defendant's motion for summary judgment is due on August 6, 2020. (4) Plaintiff's opposition and cross-motion for summary judgment, to be supported by a single memorandum of law, is due on September 4, 2020. (5) Defendant's reply and cross-opposition, to be supported by a single memorandum of law, is due on September 18, 2020. (6) Plaintiff's cross-reply is due on October 2, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/2/2020. (lcabj2) (Entered: 06/02/2020)
2020-06-02		Set/Reset Deadlines: Plaintiff's Supplemental Complaint is due by 6/22/2020. (jth) (Entered: 06/02/2020)
2020-06-04		MINUTE ORDER. The Court's minute order granting a stay of the case on December 19, 2019 is hereby lifted. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/4/2020. (lcabj2) (Entered: 06/04/2020)
2020-06-22	9	Unopposed MOTION for Leave to File First Supplemental Complaint by COURTLAND SAVAGE (Attachments: # 1 First Supplemental Complaint, # 2 First Supplemental Complaint (Redline Comparison))(Montalvo, Eric) (Entered: 06/22/2020)
2020-06-22		MINUTE ORDER granting 9 Motion for Leave. The Clerk of the Court is directed to docket the First Supplemental Complaint [9-1]. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/22/2020. (lcabj2) (Entered: 06/22/2020)
2020-06-22	10	First AMENDED(SUPPLEMENTAL) COMPLAINT against DEPARTMENT OF THE NAVY filed by COURTLAND SAVAGE.(zjf) (Entered: 06/24/2020)
2020-07-02	11	Consent MOTION for Extension of Time to File Answer re 10 Amended Complaint by DEPARTMENT OF THE NAVY (Hair, Christopher) (Entered: 07/02/2020)
2020-07-06		MINUTE ORDER granting 11 Motion for Extension of Time to Answer. Defendant must file its answer by July 27, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/6/2020. (lcabj2) (Entered: 07/06/2020)
2020-07-27	12	ANSWER to 10 Amended Complaint by DEPARTMENT OF THE NAVY.(Hair, Christopher) (Entered: 07/27/2020)
2020-08-06	13	MOTION for Summary Judgment by DEPARTMENT OF THE NAVY (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Lt. Clayton S. McCarl, III & Exhibits, # 4 Text of Proposed Order)(Hair, Christopher) (Entered: 08/06/2020)
2020-09-03	14	Consent MOTION for Extension of Time to FILE HIS OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND CROSS-MOTION FOR SUMMARY JUDGMENT by COURTLAND SAVAGE (Attachments: # 1 Text of Proposed Order)(Montalvo, Eric) (Entered: 09/03/2020)
2020-09-03		MINUTE ORDER granting 14 Motion for Extension of Time. Plaintiff's opposition and cross-motion for summary judgment is due on September 8, 2020. Defendant's reply and cross-opposition is due on September 22, 2020, and plaintiff's cross-reply is due on October 6, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/3/2020. (lcabj2) (Entered: 09/03/2020)
2020-09-08	15	Memorandum in opposition to re 13 MOTION for Summary Judgment filed by COURTLAND SAVAGE. (Attachments: # 1 Memorandum in Opposition and ISO, # 2 Statement of Facts, # 3 Proposed Order, # 4 PE1, # 5 PE2, # 6 PE3, # 7 PE4, # 8 PE5, # 9 PE6, # 10 PE7, # 11 PE8)(Montalvo, Eric) (Entered: 09/08/2020)
2020-09-09	16	Cross MOTION for Summary Judgment by COURTLAND SAVAGE (Attachments: # 1 Memorandum in Opposition and ISO, # 2 Statement of Facts, # 3 Proposed Order, # 4 PE1, # 5 PE2, # 6 PE3, # 7 PE4, # 8 PE5, # 9 PE6, # 10 PE7, # 11 PE8)(Montalvo, Eric) (Entered: 09/09/2020)
2020-09-22	17	Memorandum in opposition to re 16 Cross MOTION for Summary Judgment filed by DEPARTMENT OF THE NAVY. (Attachments: # 1 Statement of Facts (In Response to Plaintiff's Statement of Facts))(Hair, Christopher) (Entered: 09/22/2020)
2020-09-22	18	REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by DEPARTMENT OF THE NAVY. (Hair, Christopher) (Entered: 09/22/2020)
2020-10-06	19	REPLY to opposition to motion re 16 Cross MOTION for Summary Judgment filed by COURTLAND SAVAGE. (Montalvo, Eric) (Entered: 10/06/2020)
2020-11-23		MINUTE ORDER. It is ORDERED that in order to assist the Court in making a responsible de novo determination, defendant is directed to deliver to chambers for in camera inspection the documents that have been withheld from plaintiff or that have been provided to plaintiff with redactions, on or before December 7, 2020. See Ray v. Turner, 587 F.2d 1187, 1195 (D.C. Cir. 1978). Signed by Judge Amy Berman Jackson on 11/23/2020. (lcabj1) (Entered: 11/23/2020)
2020-12-07	20	NOTICE of In Camera Submission by DEPARTMENT OF THE NAVY re Order,, Set Deadlines, (Hair, Christopher) (Entered: 12/07/2020)
2021-09-08	21	ORDER. For the reasons stated in the accompanying Memorandum Opinion, defendant's motion for summary judgment 13 is GRANTED in part and DENIED in part. Plaintiff's motion for summary judgment 15 is also GRANTED in part and DENIED in part. See Order for details. Signed by Judge Amy Berman Jackson on 9/8/2021. (lcabj1) (Entered: 09/08/2021)
2021-09-08	22	MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 9/8/2021. (lcabj1) (Entered: 09/08/2021)
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