Case Detail

FOIA Project Annotation: A federal court in Missouri has ruled that FEMA properly withheld identifying information about flood claimants from Steve Ehlmann, County Executive of St. Charles County, under Exemption 6 (invasion of privacy). Ehlmann made the request so that he could use the information in speaking publicly about the problem of costly serious repetitive loss claims in the county. The agency apparently processed the request originally under the Privacy Act, releasing identifying information under a routine use exception, but telling Ehlmann that he was prohibited from disclosing the information. As a result, Ehlmann then asked FEMA to process his request under FOIA. This time the agency came back with information identifying the history of claims in the county, but with all identifying information about specific properties redacted. The court agreed with FEMA that protecting the privacy of flood insurance claimants outweighed any public interest in disclosure of the identifying names. The court noted that "the information provided to Ehlmann by FEMA allows the public to see what FEMA is doing in implementing the [National Flood Insurance Program] in St. Charles County. The disclosure of the owners' names and addresses of the specific properties addressed in FEMA's disclosure documents will not serve any substantial public interest or shed additional light on FEMA's management of the NFIP in St. Charles County. The disclosure of the names and addresses would be an unwarranted invasion of the insureds' privacy. . .[R]evealing the addresses of the properties would, through a quick review of property records, disclose the names of the owners of the properties."
Issues: Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2012-08-06	1	COMPLAINT against defendant All Defendants with receipt number 0865-3404347, in the amount of $350 Non-Jury Demand,, filed by Steve Ehlmann. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Heffner, Drew) (Entered: 08/06/2012)
2012-08-07		Case Opening Notification. No service issued at this time,due to no service provided to court to issue. Attorney shall file waivers, or summonses and notice of process server with the court. Attorney shall also file civil cover sheet and the original file form with court. Judge Assigned: U.S. District Judge Rodney W. Sippel. (DLT) (Entered: 08/07/2012)
2012-08-08	2	Civil Cover Sheet, Original Filing Form and Summons. (Main Document was replaced on 8/13/2012) (DLT). (Additional attachment(s) added on 8/13/2012: # 1 Original Filing Form, # 2 Summons) (DLT). Modified on 8/13/2012 (DLT). (Entered: 08/08/2012)
2012-08-13	3	Summons Issued as to defendant United States Department of Homeland Security. The summons was emailed to dheffner@sccmo.org. (DLT) (Entered: 08/13/2012)
2012-09-14	4	SUMMONS Returned Executed filed by Steve Ehlmann. (Heffner, Drew) (Entered: 09/14/2012)
2012-09-18	5	MOTION for Extension of Time to File Answer re 1 Complaint, by Defendant United States Department of Homeland Security. (Llewellyn, Nicholas) (Entered: 09/18/2012)
2012-09-19	6	Docket Text ORDER: Re: 5 MOTION for Extension of Time to File Answer re 1 Complaint, by Defendant United States Department of Homeland Security. (Llewellyn, Nicholas) filed by United States Department of Homeland Security ; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on 9/19/12. (LGK) (Entered: 09/19/2012)
2012-10-15	7	ANSWER to 1 Complaint, by United States Department of Homeland Security.(Llewellyn, Nicholas) (Entered: 10/15/2012)
2012-10-25	8	RULE 16 ORDER This case is assigned to Track: PTRACK 2 - STANDARD Joint Scheduling Plan due by 11/22/2012. Rule 16 Conference set for 11/29/2012 10:00 AM in Chambers before District Judge Rodney W. Sippel.. Signed by District Judge Rodney W. Sippel on 10/25/12. (LGK) (Entered: 10/25/2012)
2012-11-21	9	JOINT SCHEDULING PLAN by Plaintiff Steve Ehlmann. . (Heffner, Drew) (Entered: 11/21/2012)
2012-11-28	10	JOINT SCHEDULING PLAN by Defendant United States Department of Homeland Security. Amended Joint Scheduling Plan . (Llewellyn, Nicholas) (Entered: 11/28/2012)
2012-11-29	11	CASE MANAGEMENT ORDER: IT IS HEREBY ORDERED that Defendant shall file a motion for summary judgment no later than January 11, 2013. Plaintiff shall file an opposition brief no later than February 15, 2013. Defendant shall file a reply brief no later than March 1, 2013. IT IS FURTHER ORDERED that Plaintiff shall file an amended complaint no later than December 13, 2012. Signed by District Judge Rodney W. Sippel on 11/29/2012. (RAK) (Entered: 11/29/2012)
2012-12-13	12	MOTION for Leave to Amend Complaint, MOTION to Amend/Correct by Plaintiff Steve Ehlmann. (Heffner, Drew) (Entered: 12/13/2012)
2012-12-13	13	AMENDED COMPLAINT against defendant United States Department of Homeland Security Amendment to 12 MOTION for Leave to Amend Complaint MOTION to Amend/Correct , filed by Steve Ehlmann. Related document: 12 MOTION for Leave to Amend Complaint MOTION to Amend/Correct filed by Steve Ehlmann. (Attachments: # 1 Exhibit, # 2 Exhibit)(Heffner, Drew) (Entered: 12/13/2012)
2012-12-14	14	Docket Text ORDER: Re: 12 MOTION for Leave to Amend Complaint, MOTION to Amend/Correct by Plaintiff Steve Ehlmann. (Heffner, Drew) filed by Steve Ehlmann ; ORDERED GRANTED. Signed by District Judge Rodney W. Sippel on 12/14/2012. (RAK) (Entered: 12/14/2012)
2013-01-10	15	MOTION for Summary Judgment by Defendant United States Department of Homeland Security. (Llewellyn, Nicholas) (Entered: 01/10/2013)
2013-01-10	16	MEMORANDUM in Support of Motion re 15 MOTION for Summary Judgment filed by Defendant United States Department of Homeland Security. (Attachments: # 1 Affidavit Declaration of Leesa Morrison, # 2 Affidavit Declaration of M Booker-Kasper, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I-1, # 12 Exhibit I-2, # 13 Attachment, # 14 Attachment, # 15 Attachment)(Llewellyn, Nicholas) (Entered: 01/10/2013)
2013-01-10	17	STATEMENT of Material Facts re 15 MOTION for Summary Judgment filed by Defendant United States Department of Homeland Security. (Llewellyn, Nicholas) (Entered: 01/10/2013)
2013-02-15	18	RESPONSE to Motion re 15 MOTION for Summary Judgment filed by Plaintiff Steve Ehlmann. (Heffner, Drew) (Entered: 02/15/2013)
2013-02-15	19	MEMORANDUM in Opposition re 15 MOTION for Summary Judgment filed by Plaintiff Steve Ehlmann. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit)(Heffner, Drew) (Entered: 02/15/2013)
2013-02-15	20	Cross MOTION for Summary Judgment by Plaintiff Steve Ehlmann. (Heffner, Drew) (Entered: 02/15/2013)
2013-02-15	21	STATEMENT of Material Facts re 15 MOTION for Summary Judgment filed by Plaintiff Steve Ehlmann. (Heffner, Drew) (Entered: 02/15/2013)
2013-03-01	22	REPLY to Response to Motion re 20 Cross MOTION for Summary Judgment , 15 MOTION for Summary Judgment filed by Defendant United States Department of Homeland Security. (Llewellyn, Nicholas) (Entered: 03/01/2013)
2013-07-15	23	MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant United States Department of Homeland Security's motion for summary judgment # 15 is GRANTED.IT IS FURTHER ORDERED that Plaintiff Steve Ehlmann's cross-motion forsummary judgment # 20 is DENIED. Signed by District Judge Rodney W. Sippel on 7/15/13. (ARL) (Entered: 07/15/2013)
2013-07-15	24	JUDGMENT: Pursuant to the memorandum and order entered this same date,IT IS HEREBY ORDERED, ADJUDGED and DECREED that Defendant UnitedStates Department of Homeland Security shall have summary judgment in this matter. Signed by District Judge Rodney W. Sippel on 7/15/13. (ARL) (Entered: 07/15/2013)
Hide Docket Events