Case Detail

FOIA Project Annotation: In one of the first FOIA cases brought in the D.C. Circuit dealing directly with whether metadata is a record under FOIA, Judge Barbara Rothstein has allowed Judicial Watch to pursue its claims concerning the Air Force's response to a previous FOIA request. Judicial Watch requested all records related to the processing of its Nov. 9, 2010 request and all metadata for the Jan. 11, 2011 letter responding to the 2009 request. The parties agreed that the letter was created as a Microsoft Word document and was then turned into an Adobe Acrobat PDF and disclosed to Judicial Watch. However, the Air Force contended that the PDF was the final document and since it had already been released to Judicial Watch, the case was moot. Judicial Watch argued that the Microsoft Word document was a separate document that was responsive to its request for metadata. The Air Force agreed with Judicial Watch that the Word document was a separate document, but asserted that only the PDF file containing the electronic signature of the Air Force employee who signed it was the "particular document" in this case and that the Word document was therefore non-responsive to the current request. Rothstein disagreed with the agency. She noted that "this court construes '[a]ny and all metadata for the Air Force's letter' to encompass both the metadata embedded in the Adobe PDF file and that embedded in the Microsoft Word document file. The addition of [the] digital signature did not alter the nature of the letter. Rather, it made the file version in which the letter was written and the file version in which it was signed separate documents for the purposes of a FOIA request for 'any and all metadata' for that letter. The Microsoft Word document would carry its own unique metadata, and, if Judicial Watch is entitled to the metadata at all (an issue yet to be decided), that metadata would be encompassed by the original request. The production of the Adobe PDF file does not moot the request." While the agency focused on its mootness argument, Rothstein observed that it also "makes clear that it takes the position that metadata is not an 'agency record' under FOIA, and argues that such an interpretation is 'overbroad,' and 'cannot be reconciled with either the Act's legislative history or the D.C. Circuit's test for determining agency records.'" The agency requested "the opportunity to brief this position more fully should the court decide to reach the issue." As a result, Rothstein sent the case back to the parties for further briefing on the issue of whether metadata was an agency record.
Issues: Search - Reasonableness of search

Date Filed	Doc #	Docket Text
2011-05-18	1	COMPLAINT against U.S. AIR FORCE ( Filing fee $ 350, receipt number 4616038934) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 05/19/2011)
2011-05-18		SUMMONS (3) Issued as to U.S. AIR FORCE, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 05/19/2011)
2011-05-18	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by JUDICIAL WATCH, INC. (jf, ) (Entered: 05/19/2011)
2011-05-31	3	NOTICE of Appearance by Paul J. Orfanedes on behalf of JUDICIAL WATCH, INC. (Orfanedes, Paul) (Entered: 05/31/2011)
2011-05-31	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/23/2011. Answer due for ALL FEDERAL DEFENDANTS by 6/22/2011. (Attachments: # 1 Declaration of Cristina Rotaru)(Orfanedes, Paul) (Entered: 05/31/2011)
2011-05-31	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. AIR FORCE served on 5/23/2011, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/23/2011. (See Docket Entry 4 to view document). (znmw, ) (Entered: 06/01/2011)
2011-06-22	6	ANSWER to 1 Complaint by U.S. AIR FORCE.(Coleman Snead, Jacqueline) (Entered: 06/22/2011)
2011-07-08	7	GENERAL ORDER AND GUIDELINES FOR CIVIL CASES. (mpt, ) (Entered: 07/08/2011)
2011-09-01	8	Case reassigned to Judge Barbara Jacobs Rothstein. Judge Reggie B. Walton no longer assigned to the case. (ds) (Entered: 09/01/2011)
2011-09-27	9	MOTION for Partial Summary Judgment (with statement of material facts) by JUDICIAL WATCH, INC. (Attachments: # 1 Declaration of John Althen, # 2 Text of Proposed Order)(Aldrich, Jason) (Entered: 09/27/2011)
2011-10-07	10	Unopposed MOTION for Extension of Time to File Response/Reply and for Revised Briefing Schedule by U.S. AIR FORCE (Coleman Snead, Jacqueline). Added MOTION for Revised Briefing Schedule on 10/11/2011 (dr). (Entered: 10/07/2011)
2011-10-11		MINUTE ORDER granting 10 Motion for Extension of Time to File Response/Reply; granting 10 Motion for Briefing Schedule; Set/Reset Deadlines: Response to 9 Plaintiff's Motion for Partial Summary Judgment due by 11/14/2011; Reply in support of 9 Plaintiff's Motion for Partial Summary Judgment due by 12/12/2011. Defendant's Cross Motion for Summary Judgment due by 11/14/2011. Plaintiff's Response to Cross Motion due by 12/12/2011. Defendant's Reply in support of Cross Motion due by 12/23/2011. Signed by Judge Barbara Jacobs Rothstein on 10/11/2011. (lcbjr1) (Entered: 10/11/2011)
2011-10-12		Set/Reset Deadlines: Plaintiff's Motion for Partial Summary Judgment due by 11/14/2011. Reply in support of Plaintiff's Motion for Partial Summary Judgment due by 12/12/2011. Defendant's Cross Motion for Summary Judgment due by 11/14/2011. Plaintiff's Response to Cross Motions due by 12/12/2011. Defendant's Reply in support of Cross Motions due by 12/23/2011. (tth) (Entered: 10/12/2011)
2011-11-14	11	Memorandum in opposition to re 9 MOTION for Partial Summary Judgment (with statement of material facts) filed by U.S. AIR FORCE. (Attachments: # 1 Counterstatement of Material Facts, # 2 Exhibit A (Martin Declaration), # 3 Exhibit B (Sisler Declaration))(Coleman Snead, Jacqueline) (Entered: 11/14/2011)
2011-11-14	12	Cross MOTION for Summary Judgment by U.S. AIR FORCE (Attachments: # 1 Memorandum of Points and Authorities, # 2 Statement of Material Facts, # 3 Exhibit A (Martin Declaration), # 4 Exhibit B (Sisler Declaration))(Coleman Snead, Jacqueline) (Entered: 11/14/2011)
2011-12-06	13	STANDING ORDER applicable to case going forward. Signed by Judge Barbara Jacobs Rothstein on 12/6/2011. (lcbjr1) (Entered: 12/06/2011)
2011-12-12	14	Memorandum in opposition to re 12 Cross MOTION for Summary Judgment (with response to statement of material facts) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Aldrich, Jason) (Entered: 12/12/2011)
2011-12-12	15	REPLY to opposition to motion re 9 MOTION for Partial Summary Judgment (with statement of material facts) filed by JUDICIAL WATCH, INC.. (Aldrich, Jason) (Entered: 12/12/2011)
2011-12-23	16	REPLY to opposition to motion re 12 Cross MOTION for Summary Judgment filed by U.S. AIR FORCE. (Coleman Snead, Jacqueline) (Entered: 12/23/2011)
2012-04-10	17	ORDER denying in part and deferring ruling in part on 12 Motion for Summary Judgment; Set/Reset Deadlines: Supplemental Memorandum due by 4/24/2012. See attached Order for details and response deadlines. Signed by Judge Barbara Jacobs Rothstein on 4/10/2012. (lcbjr1) (Entered: 04/10/2012)
2012-04-10	18	NOTICE OF SUBSTITUTION OF COUNSEL by Kyle Renee Freeny on behalf of U.S. AIR FORCE Substituting for attorney Jacqueline Coleman Snead (Freeny, Kyle) (Entered: 04/10/2012)
2012-04-13	19	Unopposed MOTION for Extension of Time to File Supplemental Brief by U.S. AIR FORCE (Attachments: # 1 Text of Proposed Order)(Freeny, Kyle) (Entered: 04/13/2012)
2012-04-16		MINUTE ORDER granting 19 Motion for Extension of Time to File; Set/Reset Deadlines: Supplemental Memorandum due by 5/10/2012. Signed by Judge Barbara Jacobs Rothstein on 4/16/2012.(lcbjr1) (Entered: 04/16/2012)
2012-04-16	20	NOTICE of Appearance by John Russell Tyler on behalf of U.S. AIR FORCE (Tyler, John) (Entered: 04/16/2012)
2012-04-30	21	STIPULATION of Dismissal by U.S. AIR FORCE. (Freeny, Kyle) (Entered: 04/30/2012)
Hide Docket Events