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Case TitleJUDICIAL WATCH, INC. v. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2009cv02138
Date Filed2009-11-13
Date Closed2011-03-29
JudgeJudge Richard W. Roberts
PlaintiffJUDICIAL WATCH, INC.
DefendantBOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [17]
FOIA Project Annotation: Judge Richard Roberts has ruled that the Federal Reserve properly withheld information about several individuals and organizations whose visits to Federal Reserve Chair Ben Bernanke or Board Member Kevin Warsh were considered to be personal under Exemption 6 (invasion of privacy). Judicial Watch requested visitors' logs for Bernanke and Warsh. In disclosing the logs, the agency deleted the names of individuals, and in two instances, the name of organizations, which were identified as personal visits. Judicial Watch sued, challenging the deletions. Roberts noted that "the Board staff charged with responding to Judicial Watch's FOIA request confirmed with the office of Bernanke and Warsh that for all but one visitor whose log entry under "Organization" suggested a personal visit, 'the visit was in fact of a personal nature and was in no way business related.' Judicial Watch has not pointed to any evidence in the record suggesting that these visits were not of a personal nature, nor has it provided any independent evidence of bad faith. Mere speculation that the visits may not have been, in fact, personal is insufficient to rebut the presumption of good faith accorded to the agency affidavit. Because the names of personal visitors reveal nothing about the Board's activities or conduct, there is no public interest in their disclosure. On the other side of the balance, the visitors have at least some privacy interest in protecting their names from disclosure, as it is quite conceivable that parties other than Judicial Watch might be interested in obtaining the names of individuals personally affiliated with high-ranking members of the Board." Roberts upheld the agency's segregability analysis as well. He indicated that "the Vaughn Index and the Board's supplementing declaration both explain that the information in the organization column for these two visitors 'would reveal the family relationship, and therefore the identity, of the visitor.' Because disclosing this information would reveal exempt information, it is 'inextricably intertwined' with the withheld names."
Issues: Exemption 6 - Personnel, medical, similar file
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2009-11-131COMPLAINT against BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM ( Filing fee $ 350, receipt number 4616025416) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 11/16/2009)
2009-11-13SUMMONS (3) Issued as to BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, U.S. Attorney and U.S. Attorney General. (jf, ) (Entered: 11/16/2009)
2009-11-132LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by JUDICIAL WATCH, INC. (jf, ) (Entered: 11/16/2009)
2009-12-043SUMMONS Returned Executed by JUDICIAL WATCH, INC.. (Attachments: # 1 Declaration of Cristina Rotaru)(Aldrich, Jason) (Entered: 12/04/2009)
2009-12-234MOTION for Extension of Time to Move, Answer or Otherwise Respond to Plaintiff's Complaint by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM (Borum, Marian) (Entered: 12/23/2009)
2010-01-21MINUTE ORDER: It is hereby ORDERED that defendant's motion 4 for enlargement of time be, and hereby is, GRANTED. Defendant shall file an answer or other response to the plaintiff's complaint by February 1, 2010. Signed by Judge Richard W. Roberts on 1/21/10. (lcrwr1) (Entered: 01/21/2010)
2010-01-22Set/Reset Deadlines: Defendant's Answer/Response to the complaint due by 2/1/2010. (hs) (Entered: 01/22/2010)
2010-01-295MOTION for Extension of Time to Move, Answer or Otherwise Respond to Plaintiff's Complaint by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM (Borum, Marian) (Entered: 01/29/2010)
2010-02-22MINUTE ORDER: It is hereby ORDERED that defendant's motion 5 for enlargement of time to answer or otherwise respond to plaintiff's complaint be, and hereby is, GRANTED. Defendant shall respond to plaintiff's complaint by March 3, 2010. Signed by Judge Richard W. Roberts on 2/22/10. (lcrwr1) (Entered: 02/22/2010)
2010-02-22Set/Reset Deadlines: Defendant's Response due by 3/3/2010. (hs) (Entered: 02/22/2010)
2010-03-036ANSWER to 1 Complaint by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM.(Borum, Marian) (Entered: 03/03/2010)
2010-03-127SCHEDULING ORDER setting the initial scheduling conference for April 6, 2010 at 9:45 a.m. Signed by Judge Richard W. Roberts on 3/12/10. (lcrwr1) (Entered: 03/12/2010)
2010-03-17Set Hearings: Initial Scheduling Conference set for 4/6/2010 at 09:45 AM in Courtroom 9 before Judge Richard W. Roberts. (hs) (Entered: 03/17/2010)
2010-03-308STATUS REPORT - Joint Proposed Briefing Schedule by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM. (Borum, Marian) (Entered: 03/30/2010)
2010-04-069SCHEDULING ORDER: Dispositive motions due April 29, 2010, responses to dispositive motions due May 27, 2010, and replies due June 30, 2010. Signed by Judge Richard W. Roberts on 4/6/10. (lcrwr1) (Entered: 04/06/2010)
2010-04-06Set Deadlines: Dispositive Motions due by 4/29/2010. Response to Dispositive Motions due by 5/27/2010. Reply to Dispositive Motions due by 6/30/2010. (hs) (Entered: 04/06/2010)
2010-04-06Minute Entry for proceedings held before Judge Richard W. Roberts: Initial Scheduling Conference held on 4/6/2010. (Court Reporter Scott L. Wallace.) (hs) (Entered: 04/06/2010)
2010-04-2910MOTION for Summary Judgment by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Borum, Marian) (Entered: 04/29/2010)
2010-05-2711NOTICE (Consent) to Alter Deadlines by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, JUDICIAL WATCH, INC. re 10 MOTION for Summary Judgment (Aldrich, Jason) (Entered: 05/27/2010)
2010-06-0312NOTICE of Change of Address by Paul J. Orfanedes (Orfanedes, Paul) (Entered: 06/03/2010)
2010-06-0413NOTICE of Change of Address by Jason B. Aldrich (Aldrich, Jason) (Entered: 06/04/2010)
2010-06-1014Memorandum in opposition to re 10 MOTION for Summary Judgment (With Statement of Facts) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Aldrich, Jason) (Entered: 06/10/2010)
2010-07-1415REPLY to opposition to motion re 10 MOTION for Summary Judgment filed by BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM. (Borum, Marian) (Entered: 07/14/2010)
2010-09-0216NOTICE OF SUBSTITUTION OF COUNSEL by Mercedeh Momeni on behalf of BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM Substituting for attorney Marian L. Borum (Momeni, Mercedeh) (Entered: 09/02/2010)
2011-03-2917MEMORANDUM OPINION granting defendant's motion 10 for summary judgment. Signed by Judge Richard W. Roberts on 3/29/11. (lcrwr1) (Entered: 03/29/2011)
2011-03-2918FINAL ORDER accompanying Memorandum Opinion. Signed by Judge Richard W. Roberts on 3/29/11. (lcrwr1) (Entered: 03/29/2011)
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by FOIA Project Staff
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