Case Detail

FOIA Project Annotation: A federal court in Pennsylvania has awarded David Baker $9,400 in attorney's fees for his FOIA litigation against the Secret Service. Baker, a Secret Service employee, asked for records related to his employment dispute with the agency pertaining to his service in the Navy Reserve. Baker requested the records in April 2009, and although the agency informed him in July 2010 that responsive records were undergoing final review, the agency did not disclose any records until April 2011, three weeks after he filed suit. He received 1,800 pages with multiple exemption claims with no substantive explanation. In January 2012, the court upheld the agency's claims, but ordered it to produce a Vaughn index. After receiving the Vaughn, Baker filed for attorney's fees. Baker claimed he had substantially prevailed because the court had ordered the agency to provide a Vaughn index. But the court observed that "because an order compelling the production of a Vaughn index is not court-ordered relief for Baker, he has not substantially prevailed by obtaining relief through a judicial order and is ineligible to receive attorney's fees on that ground." But the court agreed with Baker that filing suit caused the agency to respond to his request more quickly. The court pointed out that "Baker did not receive any communication with the Secret Service. . .between July 2010. . .and March 2011, when he filed this action. . .Under these circumstances, Baker's commencement and prosecution of this action can reasonably be regarded as necessary to obtain the requested information from the agency." The court added the "he has shown a causal nexus between this action and the release of the requested information and, accordingly, has proven that he substantially prevailed because of a voluntary or unilateral change in position by the Secret Service. Therefore, he is eligible for attorney's fees in this case." Addressing the four factors for entitlement to a fee, the court observed that "although Baker's FOIA request encompassed information relating to his dispute with the Secret Service, the release of information in this case, especially viewed in light of his [Merit Systems Protection Board] victory, is likely to assist military personnel working within the federal government." The court indicated that Baker's request was not commercial or even personal in nature. "Baker's motive in litigating this case under FOIA was not commercial, but rather investigatory. . .[H]e sought to uncover information relating to the agency's potentially discriminatory action of requiring certain personnel to change their military designation statusâ€"information that was likely to assist military personnel working within the federal government." Because the agency took so long to respond to Baker and failed to provide a comprehensive explanation of its exemption claims, the court concluded that "there is ample evidence that the agency was recalcitrant or obdurate in releasing the requested information to him."
Issues: Litigation - Attorney's fees - Prevailing party, Litigation - Attorney's fees - Eligibility - Causal effect

Date Filed	Doc #	Docket Text
2011-03-29	1	COMPLAINT against U.S. Department of Homeland Security (U.S. Secret Service) ( Filing fee $350, Receipt Number 0314-2140135), filed by David M. Baker. (Attachments: # 1 Civil Cover Sheet)(ao, ) (Entered: 03/29/2011)
2011-03-29		Summons Issued as to U.S. Department of Homeland Security (U.S. Secret Service) and provided to Atty Schermerhorn for service on Defendant(s). (ao, ) (Entered: 03/29/2011)
2011-04-19	2	LETTER ORDER Re: Case Assignment and Procedures. Signed by Honorable A. Richard Caputo on 4/19/11. (jam, ) (Entered: 04/19/2011)
2011-05-08	3	SUMMONS Returned Executed by David M. Baker. All Defendants. (Attachments: # 1 Exhibit(s) U.S. Postal Return Receipt, # 2 Exhibit(s) U.S. Postal Return Receipt)(Schermerhorn, Scott) (Entered: 05/08/2011)
2011-09-23	4	NOTICE of Appearance by Mark E. Morrison on behalf of U.S. Department of Homeland Security (U.S. Secret Service). (Morrison, Mark) (Entered: 09/23/2011)
2011-09-23	5	Unopposed MOTION for Extension of Time to Respond to Complaint by U.S. Department of Homeland Security (U.S. Secret Service). (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Morrison, Mark) (Entered: 09/23/2011)
2011-09-26	6	ORDER granting 5 Motion for an Extension of Time within which to respond to Plaintiff's Complaint. Defendant's response is due 11/7/11. Signed by Honorable A. Richard Caputo on 9/27/11 (jam, ) (Entered: 09/26/2011)
2011-10-23	7	ATTORNEY SUBSTITUTION - Withdrawal and Entry of Attorney Appearance. Attorney Mark E. Morrison terminated. Attorney D. Brian Simpson for U.S. Department of Homeland Security (U.S. Secret Service) added. (Simpson, D.) (Entered: 10/23/2011)
2011-11-07	8	MOTION to Dismiss or in the Alternative, for Summary Judgment by U.S. Department of Homeland Security (U.S. Secret Service). (Attachments: # 1 Certificate of Nonconcurrence, # 2 Declaration w/Exhibits, # 3 Proposed Order, # 4 Proposed Order)(Simpson, D.) (Entered: 11/07/2011)
2011-11-11	9	Emergency MOTION for Protective Order filed by David M. Baker. (Attachments: # 1 Certificate of Nonconcurrence, # 2 Proposed Order)(Schermerhorn, Scott) (Entered: 11/11/2011)
2011-11-14	10	United States' Consent to Protective Order by U.S. Department of Homeland Security (U.S. Secret Service). 9 Emergency MOTION for Protective Order filed , 8 MOTION to Dismiss or in the Alternative, for Summary Judgment . (Attachments: # 1 Proposed Order)(Simpson, D.) (Entered: 11/14/2011)
2011-11-14	11	ORDER granting 9 Motion for Protective Order to the extent the Clerk of Courts is hereby directed to seal the Declaration of Craig W. Ulmer (Attachment 2 to Doc. 8), with attached exhibits. Signed by Honorable A. Richard Caputo on 11/14/11 (ga, ) (Entered: 11/14/2011)
2011-11-14	12	DOCUMENT SEALED pursuant to Court Order (ga, ) (Entered: 11/14/2011)
2011-11-15	13	RESPONSE by David M. Baker to 8 MOTION to Dismiss or in the Alternative, for Summary Judgment . (Schermerhorn, Scott) (Entered: 11/15/2011)
2011-11-18	14	Unopposed MOTION for Extension of Time to File Brief to 8 MOTION to Dismiss or in the Alternative, for Summary Judgment filed by U.S. Department of Homeland Security (U.S. Secret Service). (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(Simpson, D.) (Entered: 11/18/2011)
2011-11-18	15	Unopposed MOTION to Exceed Page Limitation by U.S. Department of Homeland Security (U.S. Secret Service). (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Simpson, D.) (Entered: 11/18/2011)
2011-11-21	16	ORDER granting 15 Motion for Leave to File Excess Pages, not to exceed 30 pages. Signed by Honorable A. Richard Caputo on 11/21/11 (jam, ) (Entered: 11/21/2011)
2011-11-21	17	ORDER granting 14 Motion for Extension of Time to File Response/Reply re 8 MOTION to Dismiss or in the Alternative, for Summary Judgment Brief in Support due by 11/23/2011Signed by Honorable A. Richard Caputo on 11/21/11 (jam, ) (Entered: 11/21/2011)
2011-11-23	18	BRIEF IN SUPPORT re 8 MOTION to Dismiss or in the Alternative, for Summary Judgment filed by U.S. Department of Homeland Security (U.S. Secret Service). (Attachments: # 1 Unpublished Opinion(s))(Simpson, D.) (Entered: 11/23/2011)
2011-11-23	19	STATEMENT OF FACTS re 18 Brief in Support of Motion for Summary Judgment filed by U.S. Department of Homeland Security (U.S. Secret Service).(Simpson, D.) (Entered: 11/23/2011)
2011-12-13	20	ANSWER TO STATEMENT OF FACTS re 19 Statement of Facts filed by David M. Baker.(Schermerhorn, Scott) (Entered: 12/13/2011)
2011-12-13	21	BRIEF IN OPPOSITION re 8 MOTION to Dismiss or in the Alternative, for Summary Judgment filed by David M. Baker. (Attachments: # 1 Exhibit(s), # 2 Proposed Order)(Schermerhorn, Scott) (Entered: 12/13/2011)
2011-12-22	22	REPLY BRIEF re 8 MOTION to Dismiss or in the Alternative, for Summary Judgment filed by U.S. Department of Homeland Security (U.S. Secret Service).(Simpson, D.) (Entered: 12/22/2011)
2012-01-25	23	MEMORANDUM re 8 MOTION to Dismiss or in the Alternative, for Summary Judgment filed by U.S. Department of Homeland Security (U.S. Secret Service) Signed by Honorable A. Richard Caputo on 1/24/12. (jam, ) (Entered: 01/25/2012)
2012-01-25	24	ORDER granting in part and denying in part 8 Motion to Dismiss. IT IS HEREBY ORDERED that Defendants Motion to Dismiss, or in the Alterative, for Summary Judgment. (Doc. 8) is granted in part and denied in part as follows: 1)To the extent Plaintiffs claim is seeking to compel the Defendant to respond to his FOIA claim, this claim is MOOT and the Motion to Dismiss is GRANTED.2)In all other respects, Defendants Motion (Doc. 8) is DENIED.3)The Secret Service is directed to submit a Vaughn Index within sixty (60) days of the date of this Opinion. Signed by Honorable A. Richard Caputo on 1/24/12 (jam, ) (Entered: 01/25/2012)
2012-03-23	25	MOTION to Seal filed by U.S. Department of Homeland Security (U.S. Secret Service). (Attachments: # 1 Proposed Order, # 2 Supplement)(dh) (Entered: 03/23/2012)
2012-03-23	26	DOCUMENT(S) PENDING SEALING DECISION (Attachments: # 1 Exhibit(s)) (dh) (Entered: 03/23/2012)
2012-03-26	27	CERTIFICATE of (Defendant's Certificate of Compliance with January 25, 2012 Court Order) by U.S. Department of Homeland Security (U.S. Secret Service) re 24 Order on Motion to Dismiss,,. (Simpson, D.) (Entered: 03/26/2012)
2012-03-27	28	ORDER granting 25 Motion to Seal. Signed by Honorable A. Richard Caputo on 3/27/12 (jam, ) (Entered: 03/27/2012)
2012-04-19	29	ORDER: IT IS HEREBY ORDERED that Plaintiff David M. Baker shall have 21 days from the date of this Order to file any further motions or objections with the Court. If Plaintiff fails to do so the action will be dismissed. Signed by Honorable A. Richard Caputo on 4/19/12. (jam, ) (Entered: 04/19/2012)
2012-05-08	30	MOTION for Attorney Fees pursuant to 5 U.S.C. §552(a)(4)(E) by David M. Baker. (Attachments: # 1 Certificate of Nonconcurrence, # 2 Proposed Order)(Schermerhorn, Scott) (Entered: 05/08/2012)
2012-05-08	31	BRIEF IN SUPPORT by David M. Baker re 29 Order,. (Attachments: # 1 Exhibit(s) A through K (Former SJ Opposition Exhibits), # 2 Exhibit(s) L (Decision MSPB), # 3 Exhibit(s) M (Settlement MSPB), # 4 Exhibit(s) N (ROA Article), # 5 Exhibit(s) O (Attorney Fee Listing))(Schermerhorn, Scott) Modified on 5/14/2012 (ao, ). (Entered: 05/08/2012)
2012-05-14	32	MEMORANDUM OF LAW by David M. Baker re 31 Memorandum of Law, Amended/Corrected Brief . (Schermerhorn, Scott) (Entered: 05/14/2012)
2012-05-25	33	Unopposed MOTION for Extension of Time to Respond to Plaintiff's Motion for Attorney's Fees by U.S. Department of Homeland Security (U.S. Secret Service). (Attachments: # 1 Proposed Order, # 2 Certificate of Concurrence)(Simpson, D.) (Entered: 05/25/2012)
2012-05-29	34	ORDER granting 33 Motion for Extension of Time. The United States may file its brief in opposition to Plaintiff's Motion for Attorney's Fees on or before June 8, 2012. Signed by Honorable A. Richard Caputo on 5/29/12 (jam, ) (Entered: 05/29/2012)
2012-06-06	35	BRIEF IN OPPOSITION re 30 MOTION for Attorney Fees pursuant to 5 U.S.C. §552(a)(4)(E) filed by U.S. Department of Homeland Security (U.S. Secret Service). (Attachments: # 1 Unpublished Opinions, # 2 Exhibit(s))(Simpson, D.) (Entered: 06/06/2012)
2012-11-20	37	MEMORANDUM re 30 MOTION for Attorney Fees pursuant to 5 U.S.C. §552(a)(4)(E) filed by David M. Baker Signed by Honorable A. Richard Caputo on 11/19/12. (jam) (Entered: 11/20/2012)
2012-11-20	38	ORDER re 37 Memorandum (Order to follow as separate docket entry). IT IS HEREBY ORDERED that Plaintiff David M. Bakers Motion for Attorneys Fees Pursuant to 5 U.S.C. § 552(a)(4)(E) (Doc. 30) is GRANTED. Attorney Schermerhorn is awarded attorneys fees in the sum of $9,383.75. Signed by Honorable A. Richard Caputo on 11/19/12. (jam) (Entered: 11/20/2012)
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