Case Detail

FOIA Project Annotation: Judge Rosemary Collyer has ruled that the Labor Department properly redacted information from several emails that was protected by Exemption 5 (deliberative process privilege). Citizens for Responsibility and Ethics in Washington made a request to the agency for any information it had on contacts with Richard Berman, a lobbyist whose views were strongly anti-union. The agency came back with a handful of emails and redacted part of them. CREW argued that most of the redacted information appeared to be factual based on its context. But Collyer noted that CREW's claims were purely speculative and that the agency's affidavit clearly explained that the redacted portions pertained to advice and recommendations. Concerning an email in which a Labor official provided advice on how to respond to an article about Berman's organization, the Center for Union Facts, that had appeared in the New York Times, CREW argued that the response dealt with politics rather than policy. Disagreeing, Collyer noted that "DOL plays a critical role as a neutral in its oversight of union finances. If, as CREW alleges, the Center for Union Facts is 'stridently anti-union,' the Secretary's relationship with it would certainly raise policy issues." Another email dealt with how to respond to Berman's request for funding. Collyer pointed out that "the redacted materials are predecisional, as they dealt with DOL's attempt to reach a decision regarding how to respond to Mr. Berman's request for support for the First Jobs Institute. The materials are deliberative in that they contain the identification of unresolved issues, questions, opinions, suggestions, advice, and recommendations."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative

Date Filed	Doc #	Docket Text
2006-04-24	1	COMPLAINT against U.S. DEPARTMENT OF LABOR (Filing fee $ 350) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit)(jf, ) (Entered: 04/26/2006)
2006-04-24		SUMMONS (3) Issued as to U.S. DEPARTMENT OF LABOR, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 04/26/2006)
2006-04-24	2	LCvR 7.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (jf, ) (Entered: 04/26/2006)
2006-05-04	3	NOTICE of Appearance by Benton Gregory Peterson on behalf of U.S. DEPARTMENT OF LABOR (Peterson, Benton) (Entered: 05/04/2006)
2006-05-24	4	MOTION for Extension of Time to File Answer by U.S. DEPARTMENT OF LABOR. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 05/24/2006)
2006-05-31		MINUTE ENTRY ORDER granting, nunc pro tunc to May 25, 2006, 4 Defendant's Motion for Extension of Time to Answer. Defendant's Answer shall be filed no later than June 26, 2006. Signed by Judge Rosemary M. Collyer on 5/31/06. (ebb) (Entered: 05/31/2006)
2006-05-31		Set Deadlines/Hearings: Answer due by 6/26/2006. (cdw) (Entered: 06/01/2006)
2006-06-23	5	ANSWER to Complaint by U.S. DEPARTMENT OF LABOR. Related document: 1 Complaint filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON,. (Attachments: # 1 Exhibit A)(Peterson, Benton) (Entered: 06/23/2006)
2006-07-26	6	MOTION Request for a Scheduling Conference by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 07/26/2006)
2006-08-02	7	MOTION Joint Motion For Entry Of Briefing Schedule by U.S. DEPARTMENT OF LABOR. (Peterson, Benton) (Entered: 08/02/2006)
2006-08-02		MINUTE ENTRY ORDER denying as moot 6 Plaintiff's Request for a Scheduling Conference and granting 7 the parties' Joint Motion for Entry of Briefing Schedule. The Government's summary judgment motion shall be filed no later than August 28, 2006; oppositions and replies shall be filed in accordance with the Local Rules. Signed by Judge Rosemary M. Collyer on 8/2/06. (ebb) (Entered: 08/02/2006)
2006-08-02		Set Deadlines/Hearings: Summary Judgment motion due by 8/28/2006. (cdw) (Entered: 08/03/2006)
2006-08-09	8	NOTICE of Appearance by Sharon Yvette Eubanks on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Eubanks, Sharon) (Entered: 08/09/2006)
2006-08-28	9	MOTION for Summary Judgment by U.S. DEPARTMENT OF LABOR. (Attachments: # 1 Exhibit A-1# 2 Exhibit A-2# 3 Exhibit A-3# 4 Statement of Facts)(Peterson, Benton) (Entered: 08/28/2006)
2006-08-28	10	NOTICE of Filing by U.S. DEPARTMENT OF LABOR re 9 MOTION for Summary Judgment (Attachments: # 1 J. Plick Declaration)(Peterson, Benton) (Entered: 08/28/2006)
2006-09-11	11	Cross MOTION for Summary Judgment and opposition to defendant's motion for summary judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 plaintiff's memorandum# 2 Statement of Facts # 3 response to defendant's statement of material facts# 4 Text of Proposed Order)(Eubanks, Sharon) (Entered: 09/11/2006)
2006-09-11	12	Memorandum in opposition to re 9 MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (tg, ) (See docket number 11 for scanned document). (Entered: 09/12/2006)
2006-09-14	13	Consent MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition to Defendant's Motion For Summary Judgment by U.S. DEPARTMENT OF LABOR. (Peterson, Benton) (Entered: 09/14/2006)
2006-09-25	14	Memorandum in opposition to re 11 Cross MOTION for Summary Judgment and opposition to defendant's motion for summary judgment and Reply to Plaintiff's Opposition filed by U.S. DEPARTMENT OF LABOR. (Attachments: # 1 Statement of Facts # 2 Supp. Plick Declaration)(Peterson, Benton) (Entered: 09/25/2006)
2006-10-03		MINUTE ENTRY ORDER granting, nunc pro tunc to September 18, 2006, 13 the Government's Motion for Extension of Time to File Response/Reply. The Government's Reply, filed on September 25, 2006, shall be deemed timely filed. Signed by Judge Rosemary M. Collyer on 10/3/06. (ebb) (Entered: 10/03/2006)
2006-10-05	15	REPLY to opposition to motion re 11 Cross MOTION for Summary Judgment and opposition to defendant's motion for summary judgment , 9 MOTION for Summary Judgment Plaintiff's reply to defendant's opposition to plaintiff's cross-motion for summary judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Eubanks, Sharon) (Entered: 10/05/2006)
2007-03-22	16	MEMORANDUM AND OPINION granting 9 Defendant's motion for summary judgment and denying 11 Plaintiff's cross-motion for summary judgment. See Opinion for further details. Signed by Judge Rosemary M. Collyer on 3/22/07. (KD) (Entered: 03/22/2007)
2007-03-22	17	ORDER granting 9 Defendant's Motion for Summary Judgment and denying 11 Plaintiff's Motion for Summary Judgment. This case is dismissed and closed. Signed by Judge Rosemary M. Collyer on 3/22/07. (KD) (Entered: 03/22/2007)
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