Case Detail

FOIA Project Annotation: A federal court in Massachusetts has ruled that the FTC has failed to show that records concerning its 2019 $5 billion settlement agreement with Facebook for allowing Cambridge Analytica to obtain Facebook users' data contains commercial information protected by either Exemption 4 (confidential business information) or Exemption 3 (other statutes), citing the Federal Trade Commission Act. The court also found that because the agency had publicly identified Mark Zuckerberg as a target of the investigation, records identifying him were not protected by Exemption 7(C) (invasion of privacy concerning law enforcement records). Because the FTC had received more than 60 FOIA requests for the Facebook settlement agreement, the agency initially located 3,600 pages of responsive records. After giving Facebook an opportunity to review and comment on the records, the FTC agreed to withhold 3,000 pages because they contained confidential commercial information. The remaining pages were posted on the agency's website. The FOIA request was submitted by the law firm of Block & Leviton, representing the Employees' Retirement System of Rhode Island. In response to the law firm's FOIA request, the FTC referred them to the records on its website. The law firm filed an administrative appeal, arguing that commercial information was released as part of the 2011 draft settlement and was no longer protected by Exemption 4. The agency denied the appeal and the law firm filed suit. The agency then disclosed more records but continued to withhold 2,625 pages because they contained confidential commercial information. Turning to an assessment of Exemption 4, the court noted that "courts have cautioned that not all information submitted to the government by a commercial entity qualifies for protection under Exemption 4." The court indicated that "the FTC fails to explain document-by-document why each [record] contains 'commercial' information as commonly understood, which does not necessarily include all documents which hurt a company's reputation or the reputation of an executive. The Vaughn index appears to incorporate Facebook's objections whole-hog without any explanations to the Court so it can independently consider the applicability of Exemptions 3 and 4." The court pointed out that "because neither the FTC's Vaughn index nor [its affidavit] provides 'an adequate foundation for the Court to review whether each withheld document contains commercial information, summary judgment for Defendant is inappropriate." The court faulted the agency on the issue of whether the information had been "obtained from a person" as well. The court noted that "to the extent the FTC's proposals simply capture changes that are based on the content of negotiations with Facebook, those documents do not qualify as 'from a person.'" The court also agreed with the law firm that the dissenting statements of FTC Commissioners Rohit Chopra and Rebecca Kelly Slaughter identified Zuckerberg as a target of the investigation. As a result, the court pointed Rebecca Kelly Slaughter had identified Zuckerberg as a party of investigative interest. As a result, the court pointed out that "the official acknowledgment doctrine thus precludes the FTC from redacting Mr. Zuckerberg's name from the settlement documents under Exemption 7(C)."
Issues: Exemption 4 - Confidential business information, Exemption 3 - Statutory prohibition of disclosure

Date Filed	Doc #	Docket Text
2019-12-18	1	COMPLAINT against Federal Trade Commission Filing fee: $ 400, receipt number 0101-8020470 (Fee Status: Filing Fee paid), filed by Block & Leviton LLP. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Leviton, Jason) (Entered: 12/18/2019)
2019-12-18	2	ELECTRONIC NOTICE of Case Assignment. Chief Judge Patti B. Saris assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) (Entered: 12/18/2019)
2019-12-18	3	Summons Issued as to Federal Trade Commission. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Burgos, Sandra) (Entered: 12/18/2019)
2020-01-10	4	SUMMONS Returned Executed by Block & Leviton LLP. (Milgroom, Lauren) (Entered: 01/10/2020)
2020-01-10	5	MOTION to Set 30-Day Response Deadline for Defendant's Response to Complaint in Accordance with FOIA, 5 USC § 552(A)(4)(C) by Block & Leviton LLP.(Milgroom, Lauren) (Entered: 01/10/2020)
2020-01-13	6	Judge Patti B. Saris: ORDER entered granting 5 MOTION to Set 30-Day Response Deadline for Defendant's Response to Complaint in Accordance with FOIA, 5 USC § 552(A)(4)(C). (Lara, Miguel) (Entered: 01/13/2020)
2020-01-13	7	Answer deadline reset for Federal Trade Commission, due by 1/21/2020. (Lara, Miguel) (Entered: 01/13/2020)
2020-01-21	8	ANSWER to 1 Complaint, by Federal Trade Commission.(Weida, Jason) (Entered: 01/21/2020)
2020-01-24	9	NOTICE of Scheduling Conference.... Scheduling Conference set for 2/19/2020 09:45 AM in Courtroom 19 before Judge Patti B. Saris. (Molloy, Maryellen) (Main Document 9 replaced on 1/27/2020) (Molloy, Maryellen). (Entered: 01/24/2020)
2020-02-10	10	JOINT STATEMENT re scheduling conference . (Milgroom, Lauren) (Entered: 02/10/2020)
2020-02-10	11	CERTIFICATION pursuant to Local Rule 16.1 by Block & Leviton LLP.(Milgroom, Lauren) (Entered: 02/10/2020)
2020-02-10	12	CERTIFICATION pursuant to Local Rule 16.1 . (Weida, Jason) (Entered: 02/10/2020)
2020-02-18	13	MOTION to Intervene by Facebook, Inc.. (Attachments: # 1 Exhibit 1)(Lipshutz, Joshua) (Entered: 02/18/2020)
2020-02-18	14	MEMORANDUM in Support re 13 MOTION to Intervene filed by Facebook, Inc.. (Attachments: # 1 Exhibit 1)(Lipshutz, Joshua) (Entered: 02/18/2020)
2020-02-19	17	Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Scheduling Conference held on 2/19/2020....#10 JOINT STATEMENT NOT ADOPTED....parties shall submit an Amended Joint Statement on or before 2/26/2020 for court's approval.(law clerk G. Gohike covered for M. Molloy) (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) (Entered: 02/21/2020)
2020-02-20	15	Judge Patti B. Saris: ORDER entered granting 13 Motion to Intervene. Allowed, without opposition, pursuant to Fed. R. Civ.P. 24(a)(2) and 24(b)(1)(B). (McDonagh, Christina) (Entered: 02/20/2020)
2020-02-21	16	JOINT STATEMENT re scheduling conference Regarding Revised Proposed Case Schedule . (Leviton, Jason) (Entered: 02/21/2020)
2020-02-24	18	ELECTRONIC ENDORSEMENT re 16 ADOPTING - REVISED JOINT STATEMENT re: scheduling conference. ORDERED: Deadline for amendments to pleadings February 17, 2020; Deadline for Defendant to produce first batch of documents to Plaintiff with accompanying Vaughn index due by April 15, 2020; Deadline for Defendant to file Summary Judgment and Vaughn index for remaining document due by 5/15/2021; Opposition by Plaintiff and any cross motions for summary judgment due by 6/5/2020; Deadline for Defendant to file its opposition to Plaintiffs motion for summary judgment due by 6/26/2020. (Molloy, Maryellen) Modified on 2/25/2020 (Molloy, Maryellen). (Entered: 02/24/2020)
2020-05-15	19	MOTION for Summary Judgment by Federal Trade Commission.(Weida, Jason) (Entered: 05/15/2020)
2020-05-15	20	MEMORANDUM in Support re 19 MOTION for Summary Judgment and Combined Local Rule 56.1 Statement filed by Federal Trade Commission. (Attachments: # 1 Stearns Declaration)(Weida, Jason) (Entered: 05/15/2020)
2020-05-15	21	MOTION for Summary Judgment by Facebook, Inc..(Lipshutz, Joshua) (Entered: 05/15/2020)
2020-05-15	22	MEMORANDUM in Support re 21 MOTION for Summary Judgment filed by Facebook, Inc.. (Attachments: # 1 Declaration of Jessica Hertz)(Lipshutz, Joshua) (Entered: 05/15/2020)
2020-06-01	23	Transcript of Scheduling Conference held on February 19, 2020, before Judge Patti B. Saris. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com Redaction Request due 6/22/2020. Redacted Transcript Deadline set for 7/2/2020. Release of Transcript Restriction set for 8/31/2020. (Scalfani, Deborah) (Entered: 06/01/2020)
2020-06-01	24	NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 06/01/2020)
2020-06-05	25	Opposition re 21 MOTION for Summary Judgment , 19 MOTION for Summary Judgment filed by Block & Leviton LLP. (Milgroom, Lauren) Modified on 6/5/2020 to remove incorrect filed attachments. See Notice of Correction entered on 6/5/2020. (Lara, Miguel). (Entered: 06/05/2020)
2020-06-05	26	DECLARATION of Lauren Milgroom re 25 Opposition to Motion for Summary Judgment filed by Federal Trade Commission. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lara, Miguel) (Entered: 06/05/2020)
2020-06-05	27	Statement of Material Facts L.R. 56.1 re 21 MOTION for Summary Judgment , 19 MOTION for Summary Judgment filed by Block & Leviton LLP. (Lara, Miguel) (Entered: 06/05/2020)
2020-06-05	28	Notice of correction to docket made by Court staff. Correction: Dkt. No. 25 corrected because: attachments to original filing were incorrectly filed and should have been filed as separate entries. Attachments have been re-docketed as separate entries. Counsel is reminded to review local rules and the attorney handbook when filing documents with the Court. (Lara, Miguel) (Entered: 06/05/2020)
2020-06-19	29	REPLY to Response to 19 MOTION for Summary Judgment filed by Federal Trade Commission. (Attachments: # 1 Stearns Supplemental Declaration)(Weida, Jason) (Entered: 06/19/2020)
2020-06-19	30	REPLY to Response to 21 MOTION for Summary Judgment filed by Facebook, Inc.. (Lipshutz, Joshua) (Entered: 06/19/2020)
2020-06-22	31	ELECTRONIC NOTICE Setting Hearing on re 21 MOTION for Summary Judgment , 19 MOTION for Summary Judgment : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: www.forms.mad.uscourts.gov/courtlist.html . For questions regarding access to hearings, you ma y refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov . Motion Hearing set for 7/30/2020 02:30 PM by Video Conference before Judge Patti B. Saris. (Lara, Miguel) (Entered: 06/22/2020)
2020-07-30	32	Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Motion Hearing/VIDEO CONFERENCE held on 7/30/2020 re 19 MOTION for Summary Judgment filed by Federal Trade Commission, 21 MOTION for Summary Judgment filed by Facebook, Inc....all matters taken under advisement. (Court Reporter: Debra Joyce at joycedebra@gmail.com.) (Molloy, Maryellen) (Entered: 07/30/2020)
2020-08-03	33	Transcript of Motion Hearing via Video Conference held on July 30, 2020, before Judge Patti B. Saris. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com. Redaction Request due 8/24/2020. Redacted Transcript Deadline set for 9/3/2020. Release of Transcript Restriction set for 11/2/2020. (Belpedio, Lisa) (Entered: 08/03/2020)
2020-08-03	34	NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Belpedio, Lisa) (Entered: 08/03/2020)
2020-10-15	35	Judge Patti B. Saris: MEMORANDUM AND ORDER entered re 21 MOTION for Summary Judgment filed by Facebook, Inc., 19 MOTION for Summary Judgment filed by Federal Trade Commission. The Court ALLOWS IN PART Defendant's motion for summary judgment (Docket No. 19) and Defendant-Intervenor's motion for summary judgment (Docket No. 21) as they relate to redaction of names and personal information of employees in the settlement documents other than Mr. Zuckerberg and DENIES IN PART Defendant's motion for summary judgment (Docket No. 19) and Defendant-Intervenor's motion for summary judgment (Docket No. 21) as they relate to (1) redaction of Mr. Zuckerberg's name and (2) documents related to settlement negotiations withheld on the basis of Exemption 4. Defendant is ordered to produce the documents related to settlement negotiations prepared by the FTC and sent to Facebook unless they contain "commercial" information consistent with the meaning of that term as discussed in this opinion, and Facebook is the source of that information. See Gulf & W. Indus., 615 F.2d at 52930. Defendant is ordered to produce the documents related to settlement negotiations prepared by Facebook and sent to the FTC unless they contain "commercial" information consistent with the meaning of that term as discussed in this opinion. Within 30 days, the FTC shall submit a Vaughn index that provides detailed information as to why any withheld document contains commercial information for which Facebook is the source. The Court reserves the right to conduct an in camera review to determine the applicability of Exemption 4. SO ORDERED. (Baker, Casey) (Entered: 10/15/2020)
2020-11-16	36	RESPONSE TO COURT ORDER by Federal Trade Commission re 35 Memorandum & ORDER,,,,,,, Terminate Motions,,,,,, . (Attachments: # 1 Exhibit 1)(Weida, Jason) (Entered: 11/16/2020)
2020-11-16	37	RESPONSE TO COURT ORDER by Facebook, Inc. re 35 Memorandum & ORDER,,,,,,, Terminate Motions,,,,,, . (Lipshutz, Joshua) (Entered: 11/16/2020)
2020-12-03	38	MOTION to Stay Disclosure of Certain Documents Pursuant to 15 U.S.C. § 57B-2(C)(3) by Facebook, Inc..(Lipshutz, Joshua) (Entered: 12/03/2020)
2020-12-03	39	MEMORANDUM in Support re 38 MOTION to Stay Disclosure of Certain Documents Pursuant to 15 U.S.C. § 57B-2(C)(3) filed by Facebook, Inc.. (Lipshutz, Joshua) (Entered: 12/03/2020)
2020-12-03	40	NOTICE by Facebook, Inc. re 37 Response to Court Order Errata to the Declaration of Jessica Leinwand (Lipshutz, Joshua) (Entered: 12/03/2020)
2020-12-04	41	Judge Patti B. Saris: ELECTRONIC ORDER entered. "The documents listed in Facebooks 38 motion to stay disclosure shall be filed under seal." Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Baker, Casey) (Entered: 12/04/2020)
2020-12-16	43	Opposition re 38 MOTION to Stay Disclosure of Certain Documents Pursuant to 15 U.S.C. § 57B-2(C)(3) filed by Block & Leviton LLP. (Milgroom, Lauren) (Entered: 12/16/2020)
2020-12-17	44	RESPONSE to Motion re 38 MOTION to Stay Disclosure of Certain Documents Pursuant to 15 U.S.C. § 57B-2(C)(3) filed by Federal Trade Commission. (Attachments: # 1 Stearns Declaration)(Weida, Jason) (Entered: 12/17/2020)
2020-12-22	45	Judge Patti B. Saris: ELECTRONIC ORDER entered. "The FTC shall produce complete, unredacted versions of the sixteen documents listed in Facebooks 38 motion to stay disclosure, filed under seal for the Court's review." Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Baker, Casey) (Entered: 12/22/2020)
2020-12-22	46	Judge Patti B. Saris: ELECTRONIC ORDER entered. re 38 MOTION to Stay Disclosure of Certain Documents Pursuant to 15 U.S.C. § 57B-2(C)(3) filed by Facebook, Inc. "Allowed in part pending my review of the unredacted documents. The FTC shall produce the documents with no redactions by January 5, 2021. I will determine whether a stay pending appeal will be granted after a review of the completely unredacted documents. In any event, if I determine no stay is warranted, I will give a temporary stay to protect the status quo until the First Circuit has an opportunity to act." (Baker, Casey) (Entered: 12/22/2020)
2021-01-05	48	ELECTRONIC NOTICE issued requesting courtesy copy for 36 Response to Court Order, 47 Sealed document. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by 1/19/2021. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. Judge Patti B. Saris: ELECTRONIC ORDER entered. "The FTC shall send the completely unredacted documents (Dkt. 47 ) with its proposed redactions highlighted in yellow." (Baker, Casey) (Entered: 01/05/2021)
2021-02-17	50	MOTION to Enforce Judgment by Block & Leviton LLP.(Milgroom, Lauren) (Entered: 02/17/2021)
2021-02-17	51	MEMORANDUM in Support re 50 MOTION to Enforce Judgment filed by Block & Leviton LLP. (Milgroom, Lauren) (Entered: 02/17/2021)
2021-02-17	52	DECLARATION re 50 MOTION to Enforce Judgment , 51 Memorandum in Support of Motion by Block & Leviton LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Milgroom, Lauren) (Entered: 02/17/2021)
2021-02-17	53	Proposed Document(s) submitted by Block & Leviton LLP. Document received: [Proposed] Order to Enforce. (Milgroom, Lauren) (Entered: 02/17/2021)
2021-02-22	54	Judge Patti B. Saris: MEMORANDUM AND ORDER entered re 38 MOTION to Stay Disclosure of Certain Documents Pursuant to 15 U.S.C. § 57B-2(C)(3) filed by Facebook, Inc. The Court DENIES the motion for a stay pending this Court's decision as moot and DENIES the motion for a stay pending appeal to the First Circuit on the ground that Facebook has not demonstrated a likelihood of success on the merits. However, the Court grants a temporary stay of 30 days to allow Facebook to seek relief from the First Circuit. Upon the expiration of the temporary stay, the Court orders the FTC to release the sixteen documents at issue in unredacted form, with the exception of paragraph 18 in Vaughn index 81 and 568, which may be redacted. SO ORDERED. (Baker, Casey) (Entered: 02/22/2021)
2021-03-01	55	NOTICE OF APPEAL as to 54 Memorandum & ORDER,,,, Terminate Motions,,, by Facebook, Inc. Filing fee: $ 505, receipt number 0101-8658900 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf . Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf . US District Court Clerk to deliver official record to Court of Appeals by 3/22/2021. (Lipshutz, Joshua) (Additional attachment(s) added on 3/1/2021: # 1 Exhibit A) (Paine, Matthew). (Main Document 55 replaced on 3/1/2021) (Paine, Matthew). (Entered: 03/01/2021)
2021-03-02	56	Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 55 Notice of Appeal. (Paine, Matthew) (Entered: 03/02/2021)
2021-03-02	57	USCA Case Number 21-1172 for 55 Notice of Appeal, filed by Facebook, Inc.. (Paine, Matthew) (Entered: 03/02/2021)
2021-03-03	58	RESPONSE to Motion re 50 MOTION to Enforce Judgment filed by Federal Trade Commission. (Weida, Jason) (Entered: 03/03/2021)
2021-03-03	59	Opposition re 50 MOTION to Enforce Judgment filed by Facebook, Inc.. (Lipshutz, Joshua) (Entered: 03/03/2021)
2021-03-04	60	Supplemental Record on Appeal transmitted to US Court of Appeals re 55 Notice of Appeal, Documents included: ECF No. 47 - Sealed Document (Paine, Matthew) (Entered: 03/04/2021)
2021-03-05	61	Judge Patti B. Saris: MEMORANDUM AND ORDER entered re 50 MOTION to Enforce Judgment filed by Block & Leviton LLP. (Baker, Casey) (Entered: 03/05/2021)
2021-03-05	62	Judge Patti B. Saris: ORDER OF ADMINISTRATIVE STAY/CLOSING entered. (Baker, Casey) (Entered: 03/05/2021)
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