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Case TitleAMERICAN OVERSIGHT v. U.S. POSTAL SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02580
Date Filed2020-09-15
Date Closed2021-12-09
JudgeJudge Rudolph Contreras
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted a FOIA request to the U.S. Postal Service for records concerning appointment calendars for Louis DeJoy. The agency acknowledged receipt of the request and told American Oversight that it had no responsive records because DeJoy's appointment calendars were personal records not subject to FOIA. American Oversight filed an administrative appeal. The agency acknowledged receiving the appeal. After hearing nothing from the agency, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. POSTAL SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [26]
FOIA Project Annotation: Ruling in a case brought by American Oversight against the U.S. Postal Service for records concerning Postmaster General Louis DeJoy's calendar entries, Judge Rudolph Contreras has joined several other D.C. Circuit district court judges in restraining the agency's aggressive use of the Postal Reorganization Act, 39 U.S.C. § 410(c)(2), which allows the agency to withhold information that is customarily treated as confidential in a business context, to claim that DeJoy's calendar entries are confidential. American Oversight submitted a FOIA request on July 29, 2020, to the USPS for Dejoy's calendar entries from June 15, 2020, to the date the search was conducted. USPS initially told American Oversight that it had no responsive records because it considered DeJoy's calendar entries were not agency records but personal records. However, after American Oversight filed suit, the agency changed its position and produced a heavily redacted 155-page Vaughn index. USPS justified its redactions under Exemption 3 (other statutes), Exemption 5 (privileges), Exemption 6 (invasion of privacy), and Exemption 7(C) (invasion of privacy concerning law enforcement records), covering twelve distinct categories of the 1,024 meetings on DeJoy's calendar. While the Vaughn index did not provide detail as to which exemptions applied to which meetings, many of the exemption claims relied upon § 410(c)(2) of the PRA, which exempts from disclosure "information of a commercial nature, including trade secrets, whether or not obtained from a person outside the Postal Service, which under good business practice would not be publicly disclosed." American Oversight acknowledged that § 410(c)(2) qualified as an Exemption 3 statute, but contended that the agency had applied it too broadly. Contreras explained that the USPS regulations on whether or not §410(c)(2) applied consisted of six factors, five of which supported withholding, but the sixth factor instructed that material should be disclosed when it "relates primarily to the Postal Service's governmental functions or its activities as a provider of basic public services." USPS contended the majority of the withheld records fit within the parameters of § 410(c)(2) because disclosure "would aid USPS's competitors and harm the Postal Service's ability to compete in the private marketplace" by revealing "the Postmaster General's strategic priorities, the identities of his key counselors and their areas of responsibility, details about his negotiations with potential customers and partners, the frequency and nature of discussions with labor union representatives, subject matter discussed with his legal counsel, and various other sensitive information that no private enterprise would ever publicly reveal under best practices." By contrast, American Oversight found it difficult to believe that none of DeJoy's meetings related primarily to the agency's government functions. Contreras agreed with American Oversight. He noted that "USPS's interpretation of how the [sixth] factor should be considered is so limited it directly contravenes the express purposes of FOIA and runs afoul of the agency's own regulations." Contreras pointed out that "the Court gathers that USPS is able to reach such an extraordinary conclusion that no such meetings were scheduled on Mr. DeJoy's calendar (even in the face of such contemporaneous evidence) due to the extreme definition it employs as to what constitutes governmental functions or basic public services. USPS posits that 'even meetings touching upon matters of public concern are likely to be inextricably intertwined with commercially-sensitive information related to postal rates, funding, operations and logistics.' Consequently, the agency appears to have created an internal standard that the only calendar entries that would fall under this category are, in its own words, those 'exclusively addressing issues of public concern without any corresponding commercial sensitivity.'" Contreras observed that "but this is not what the law requires. First, and foremost, USPS's own regulations direct the agency to weigh whether the information at issue 'relates primarily to the Postal Service's governmental functions or its activities as a provider of basic public services.' A 'primary' relationship to matters of public concern is less demanding than the 'exclusive' relationship standard USPS attempts to create. As American Oversight correctly asserts, this means that where information is primarily related to USPS's public functions, 'the focus or attendees of a meeting [can] have some nexus with commercial activities' without transforming the calendar record into protected commercial information." Contreras indicated that "USPS [should] remember that it is the substance of the calendar entries that is at issue here, not the content of the meetings themselves." He observed that "USPS appears to contend that even if a meeting â€" not the calendar entry â€" touched on items of commercial nature, it would fall into the exemption." He explained that "it strikes the Court as unlikely that this basic calendar entry information could â€" in every instance from a five-month period during which USPS carried out critically important public responsibilities â€" plausibly contain content that is either of a commercial nature or content of public concern that is 'impermissibly intertwined' with sensitive commercial content." Contreras also faulted USPS for its Exemption 5 claims. Addressing the deficiency of its deliberative process privilege claims, he noted that "USPS does not provide even a general description of the specific subject matter of each calendar entry at issue, giving the Court only four broad categories of the types of meetings it has withheld from release." He added that "nor is there any attempt to explain how these calendar entries relate to the overarching deliberative process (and how could it, when no deliberative process is identified). USPS also declines to provide any specific information as to which decisionmakers were involved in the record at issue. Without this information, the Court cannot adequately assess if this information is indeed appropriately covered by this exemption." He found the agency's attorney-client privilege claims fell short as well. He pointed out that "the agency has declined to provide any calendar entry specific details abut the type or nature of the legal advice at issue."
Issues: Exemption 3 - Limited agency discretion, Exemption 5 - Privileges - Deliberative process privilege - Predecisional, Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 6 - Invasion of privacy
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-09-151COMPLAINT against U.S. POSTAL SERVICE ( Filing fee $ 400 receipt number ADCDC-7590851) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(McGrath, Daniel) (Entered: 09/15/2020)
2020-09-152LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (McGrath, Daniel) (Entered: 09/15/2020)
2020-09-15Case Assigned to Judge Rudolph Contreras. (zsb) (Entered: 09/15/2020)
2020-09-153SUMMONS (3) Issued Electronically as to U.S. POSTAL SERVICE, U.S. Attorney and U.S. Attorney General (zsb) (Entered: 09/15/2020)
2020-09-214MOTION for Summary Judgment by AMERICAN OVERSIGHT (Attachments: # 1 Memorandum in Support, # 2 Declaration and Exhibits, # 3 Statement of Facts, # 4 Text of Proposed Order)(McGrath, Daniel) (Entered: 09/21/2020)
2020-09-295RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/25/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 10/25/2020.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/21/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. POSTAL SERVICE served on 9/21/2020 (McGrath, Daniel) (Entered: 09/29/2020)
2020-09-306NOTICE of Appearance by Christopher D. Dodge on behalf of All Defendants (Dodge, Christopher) (Entered: 09/30/2020)
2020-09-307Consent MOTION for Extension of Time to File Response/Reply as to 4 MOTION for Summary Judgment by U.S. POSTAL SERVICE (Attachments: # 1 Text of Proposed Order)(Dodge, Christopher) (Entered: 09/30/2020)
2020-09-30MINUTE ORDER granting 7 Consent Motion for Extension of Time to File Opposition to Plaintiff's Motion for Summary Judgment. It is hereby ORDERED that Defendants shall have up to and including October 25, 2020 to respond to Plaintiff's Motion for Summary Judgment. Signed by Judge Rudolph Contreras on 9/30/2020. (lcrc2) (Entered: 09/30/2020)
2020-10-01Set/Reset Deadlines: Response to Motion for Summary Judgment due by 10/25/2020. (tj) (Entered: 10/01/2020)
2020-10-06Set/Reset Deadlines: Responses due by 10/25/2020. (tj) (Entered: 10/06/2020)
2020-10-238Joint MOTION to Hold in Abeyance by U.S. POSTAL SERVICE (Attachments: # 1 Text of Proposed Order)(Dodge, Christopher) (Entered: 10/23/2020)
2020-10-23MINUTE ORDER: granting 8 Joint Motion to Hold Deadline in Abeyance. It is hereby ORDERED that the Defendant's deadline to respond to the complaint and to file an opposition to Plaintiff's motion for summary judgment is held in abeyance, and it is FURTHER ORDERED that the parties shall file a Joint Status Report on or before November 20, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 10/23/2020. (lcrc2) (Entered: 10/23/2020)
2020-10-26Set/Reset Deadlines: Status Report due by 11/20/2020 (tj) (Entered: 10/26/2020)
2020-11-209Joint STATUS REPORT by U.S. POSTAL SERVICE. (Dodge, Christopher) (Entered: 11/20/2020)
2020-11-2010MINUTE ORDER: Upon consideration of 9 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before December 18, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 11/20/2020. (lcrc2) (Entered: 11/20/2020)
2020-11-22Set/Reset Deadlines: Joint Status Report due by 12/18/2020. (zgdf) (Entered: 11/22/2020)
2020-12-1811Joint STATUS REPORT by U.S. POSTAL SERVICE. (Dodge, Christopher) (Entered: 12/18/2020)
2020-12-18MINUTE ORDER: Upon consideration of 11 the parties' Joint Status Report, it is hereby ORDERED that the following schedule shall govern summary judgment briefing: Defendant's Answer and Motion for Summary Judgment shall be filed on or before January 18, 2021, Plaintiff's Cross-Motion for Summary Judgment and Opposition shall be filed on or before February 15, 2021, Defendant's Opposition and Reply shall be filed on or before March 15, 2021, and Plaintiff's Reply shall be filed on or before April 5, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 12/18/2020. (lcrc2) (Entered: 12/18/2020)
2020-12-21Set/Reset Deadlines: Answer due by 1/18/2021, Cross Motions due by 2/15/2021. Response to Cross Motions due by 3/15/2021. Reply to Cross Motions due by 4/5/2021. Summary Judgment motions due by 1/18/2021. Response to Motion for Summary Judgment due by 2/15/2021. Reply to Motion for Summary Judgment due by 3/15/2021. (tj) (Entered: 12/21/2020)
2020-12-31MINUTE ORDER: In light of the parties representations in their status reports and this Court's adoption of a new summary judgment briefing schedule, it is hereby ORDERED that 4 Plaintiff's Motion for Summary Judgment is DENIED AS MOOT. Signed by Judge Rudolph Contreras on 12/31/2020. (lcrc2) (Entered: 12/31/2020)
2021-01-1212Joint MOTION to Modify Schedule for Summary Briefing by U.S. POSTAL SERVICE (Attachments: # 1 Text of Proposed Order)(Dodge, Christopher) (Entered: 01/12/2021)
2021-01-12MINUTE ORDER: granting 12 Joint Motion to Modify Schedule for Summary Judgment Briefing. It is hereby ORDERED that the following schedule shall govern summary judgment briefing: Defendant's Answer and Motion for Summary Judgment shall be filed on or before January 19, 2021, Plaintiff's Cross-Motion for Summary Judgment and Opposition shall be filed on or before February 16, 2021, Defendant's Opposition and Reply shall be filed on or before March 16, 2021, and Plaintiff's Reply shall be filed on or before April 6, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 1/12/2021. (lcrc2) (Entered: 01/12/2021)
2021-01-13Set/Reset Deadlines: Answer due by 1/19/2021, Cross Motions due by 2/16/2021. Response to Cross Motions due by 3/16/2021. Reply to Cross Motions due by 4/6/2021. Summary Judgment motions due by 1/19/2021. Response to Motion for Summary Judgment due by 2/16/2021. Reply to Motion for Summary Judgment due by 3/16/2021. (tj) (Entered: 01/13/2021)
2021-01-1913ANSWER to Complaint by U.S. POSTAL SERVICE.(Dodge, Christopher) (Entered: 01/19/2021)
2021-01-1914Cross MOTION for Partial Summary Judgment by U.S. POSTAL SERVICE. (Attachments: # 1 Statement of Facts, # 2 Declaration of Janine Castorina, # 3 Declaration of Kristin Seaver, # 4 Text of Proposed Order)(Dodge, Christopher) (Entered: 01/19/2021)
2021-01-2615Consent MOTION to Modify Schedule for Summary Judgment Briefing by AMERICAN OVERSIGHT. (McGrath, Daniel) (Entered: 01/26/2021)
2021-01-26MINUTE ORDER: granting 15 Plaintiff's Consent Motion to Modify the Schedule for Summary Judgment briefing. It is hereby ORDERED that Plaintiff's opposition and cross-motion for summary judgment shall be filed on or before February 26, 2021, Defendant's opposition and reply shall be filed on or before March 26, 2021, and Plaintiff's reply shall be filed on or before April 16, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 1/26/2020. (lcrc2) (Entered: 01/26/2021)
2021-01-26Set/Reset Deadlines: Cross Motions due by 2/26/2021. Response to Cross Motions due by 3/26/2021. Reply to Cross Motions due by 4/16/2021. Response to Motion for Summary Judgment due by 2/26/2021. Reply to Motion for Summary Judgment due by 3/26/2021. (tj) (Entered: 01/26/2021)
2021-02-2416NOTICE of Appearance by Christine H. Monahan on behalf of AMERICAN OVERSIGHT (Monahan, Christine) (Entered: 02/24/2021)
2021-02-2417NOTICE of Appearance by Mehreen A Rasheed on behalf of AMERICAN OVERSIGHT (Rasheed, Mehreen) (Entered: 02/24/2021)
2021-02-2618Memorandum in opposition to re 14 Cross MOTION for Partial Summary Judgment filed by AMERICAN OVERSIGHT. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(McGrath, Daniel) (Entered: 02/26/2021)
2021-02-2619Cross MOTION for Summary Judgment by AMERICAN OVERSIGHT. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(McGrath, Daniel) (Entered: 02/26/2021)
2021-03-1820Consent MOTION to Modify the Summary Judgment Briefing Schedule by U.S. POSTAL SERVICE. (Attachments: # 1 Text of Proposed Order)(Dodge, Christopher) (Entered: 03/18/2021)
2021-03-18MINUTE ORDER: granting 20 Defendant's Consent Motion to Modify the Schedule for Summary Judgment Briefing. It is hereby ORDERED that the deadlines shall be modified as follows: Defendant's Opposition and Reply shall be filed on or before April 2, 2021, and Plaintiff's Reply shall be filed on or before April 23, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 3/18/2021. (lcrc2) (Entered: 03/18/2021)
2021-03-18Set/Reset Deadlines: Reply to Cross Motions due by 4/2/2021. Responses due by 4/2/2021 Replies due by 4/23/2021. (tj) (Entered: 03/18/2021)
2021-04-0221Memorandum in opposition to re 19 Cross MOTION for Summary Judgment filed by U.S. POSTAL SERVICE. (Dodge, Christopher) (Entered: 04/02/2021)
2021-04-0222REPLY to opposition to motion re 14 Cross MOTION for Partial Summary Judgment filed by U.S. POSTAL SERVICE. (Dodge, Christopher) (Entered: 04/02/2021)
2021-04-2323REPLY to opposition to motion re 19 Cross MOTION for Summary Judgment filed by AMERICAN OVERSIGHT. (McGrath, Daniel) (Entered: 04/23/2021)
2021-06-0224NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Christine H. Monahan terminated. (Monahan, Christine) (Entered: 06/02/2021)
2021-09-2325ORDER denying 14 Defendant's Cross-Motion for Partial Summary Judgment; and granting in part and denying in part 19 Plaintiff's Cross-Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 09/23/2021. (lcrc2) (Entered: 09/23/2021)
2021-09-2326MEMORANDUM OPINION: denying 14 Defendant's Cross-Motion for Partial Summary Judgment; and granting in part and denying in part 19 Plaintiff's Cross-Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 09/23/2021. (lcrc2) (Entered: 09/23/2021)
2021-10-2527Cross MOTION for Partial Summary Judgment by U.S. POSTAL SERVICE. (Attachments: # 1 Statement of Undisputed Material Facts, # 2 Second Declaration of Janine Castorina, # 3 Ex. A - Redacted Calendar, # 4 Ex. B - Vaughn Index, # 5 Notice of Submission for In Camera Review, # 6 Proposed Order)(Dodge, Christopher) (Entered: 10/25/2021)
2021-11-1228Joint STATUS REPORT by AMERICAN OVERSIGHT. (Rasheed, Mehreen) (Entered: 11/12/2021)
2021-11-17MINUTE ORDER: Upon consideration of the parties' 28 Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before December 7, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 11/17/2021. (lcrc2) (Entered: 11/17/2021)
2021-11-17Set/Reset Deadlines: Status Report due by 12/7/2021 (lcrc2) (Entered: 11/17/2021)
2021-12-0729STIPULATION of Dismissal by AMERICAN OVERSIGHT. (Rasheed, Mehreen) (Entered: 12/07/2021)
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