Case Detail

FOIA Project Annotation: Judge Amy Berman Jackson has ruled that the Treasury Department's Financial Management Service cannot withhold the names of unsuccessful contract bidders under Exemption 3 (other statutes). Scott Hodes requested information pertaining to a solicitation for a contract for debt collection services. FMS withhold much of the information under Exemption 4 (confidential business information) and 41 U.S.C. § 4702(b), which allows agencies to withhold contract proposals unless they are incorporated into the final contract. As a result, FMS withheld the names of unsuccessful bidders. Hodes challenged the withholding of unsuccessful bidders, arguing that the definition of "proposal" in § 4702(b) did not cover the identities of unsuccessful bidders. Jackson agreed, indicating that "the text of the statute does not compel FMS's interpretation and that adopting the broad reading advanced by the agency here would be contrary to the purpose underlying FOIA and the requirement that exemptions be construed narrowly." She noted that "the statute does not directly address the question, but it does define 'proposal' to mean 'a proposal, including a technical, management, or cost proposal, submitted by a contractor in response to the requirements of a solicitation for a competitive proposal. Defining the 'proposal' as an item 'submitted by' the contractor implicitly differentiates the document from the bidding party. The clause elaborating on the definition to explain that the term 'proposal' includes technical, management, or cost proposals and the fact that the clause is set off from 'submitted by a contractor' with a comma, further suggests that the term refers to what is being submitted rather than who it is submitted by. In other words, the phrase 'submitted by a contractor' is meant to modify the word 'proposal.'" Reviewing the legislative history, Jackson explained the exemption was created to lessen the burden on agencies to do line-by-line review of proposals that were largely proprietary. But, she pointed out, "here, the information sought is not material that would have been otherwise exempt, and the disclosure of just the names of unsuccessful bidders would not enable parties to gain access to proprietary cost or technical information." FMS argued it did not have the names of unsuccessful bidders except as they appeared in the protected proposals. But Jackson observed that "to the extent FMS is in possession of other documents containing the requested informationâ€"such as the redacted attachment [containing a list of bidders]â€"it is required to produce those responsive records in unredacted form."
Issues: Exemption 3 - Limited agency discretion

Date Filed	Doc #	Docket Text
2012-08-30	1	COMPLAINT against DEPARTMENT OF TREASURY ( Filing fee $ 350 receipt number 0090-3053048) filed by SCOTT HODES. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons)(Hodes, Scott) (Entered: 08/30/2012)
2012-08-30		Case Assigned to Judge Amy Berman Jackson. (ls, ) (Entered: 08/30/2012)
2012-08-30	2	ELECTRONIC SUMMONS (3) Issued as to DEPARTMENT OF TREASURY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Notice)(ls, ) (Entered: 08/30/2012)
2012-09-12	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/30/2012. Answer due for ALL FEDERAL DEFENDANTS by 9/29/2012. (Hodes, Scott) (Entered: 09/12/2012)
2012-09-12	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/30/12. (Hodes, Scott) (Entered: 09/12/2012)
2012-09-12	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF TREASURY served on 8/30/2012 (Hodes, Scott) (Entered: 09/12/2012)
2012-10-01	6	Consent MOTION for Extension of Time to File Answer or otherwise respond to complaint by DEPARTMENT OF TREASURY (Weinstein, Laurie) (Entered: 10/01/2012)
2012-10-01		MINUTE ORDER granting 6 Motion for Extension of Time to Answer or Respond to Complaint. Defendant's answer or response to the complaint is due by 10/31/12. Signed by Judge Amy Berman Jackson on 10/1/12.(DMK) (Entered: 10/01/2012)
2012-10-02		Set/Reset Deadlines: defendant's answer/response to complaint due by 10/31/2012. (kc ) (Entered: 10/02/2012)
2012-10-31	7	Consent MOTION for Extension of Time to File Answer by DEPARTMENT OF TREASURY (Weinstein, Laurie) (Entered: 10/31/2012)
2012-10-31		MINUTE ORDER granting 7 Motion for Extension of Time to Answer or Respond to Complaint by defendant UNITED STATES DEPARTMENT OF TREASURY. The answer or responsive motion is due 11/15/2012. Signed by Judge Amy Berman Jackson on 10/31/12. (lcabj1) (Entered: 10/31/2012)
2012-11-15	8	Consent MOTION for Extension of Time to File Answer by DEPARTMENT OF TREASURY (Weinstein, Laurie) (Entered: 11/15/2012)
2012-11-16		MINUTE ORDER granting 8 Motion for Extension of Time to Answer. It is ORDERED that defendant's answer or response to the complaint is due November 16, 2012. Signed by Judge Amy Berman Jackson on 11/16/12. (DMK) (Entered: 11/16/2012)
2012-11-16	9	ANSWER to Complaint by DEPARTMENT OF TREASURY.(Weinstein, Laurie) (Entered: 11/16/2012)
2012-11-19	10	ORDER that defendant shall file a dispositive motion or, in the alternative, a report setting forth a document production schedule on or before December 17, 2012. Signed by Judge Amy Berman Jackson on 11/19/12. (DMK) (Entered: 11/19/2012)
2012-11-19		Set/Reset Deadlines: Defendant's Dispositive Motion or Report due by 12/17/2012. (tg, ) (Entered: 11/19/2012)
2012-12-17	11	Consent MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF TREASURY (Attachments: # 1 Text of Proposed Order)(Weinstein, Laurie) (Entered: 12/17/2012)
2012-12-17		MINUTE ORDER granting 11 Consent Motion for Extension of Time to File Summary Judgment Motion. Defendant's summary judgment motion is due December 21, 2012. Signed by Judge Amy Berman Jackson on 12/17/12. (DMK) (Entered: 12/17/2012)
2012-12-18		Set/Reset Deadlines: Defendant's Summary Judgment motion is due by 12/21/2012. (jth) (Entered: 12/18/2012)
2012-12-21	12	Consent MOTION for Extension of Time to File for Summary Judgment by DEPARTMENT OF TREASURY (Attachments: # 1 Text of Proposed Order)(Weinstein, Laurie) (Entered: 12/21/2012)
2012-12-21		MINUTE ORDER granting 12 Motion for Extension of Time to File Summary Judgment Motion. The deadline for defendant to file a motion for summary judgment is January 3, 2013. Signed by Judge Amy Berman Jackson on 12/21/12. (lcabj1) (Entered: 12/21/2012)
2012-12-23		Set/Reset Deadlines: Defendant's Summary Judgment motion is due by 1/3/2013. (jth) (Entered: 12/23/2012)
2013-01-03	13	MOTION for Summary Judgment by DEPARTMENT OF TREASURY (Attachments: # 1 Memorandum in Support, # 2 Exhibit Appeal Decision Letter, # 3 Exhibit Award Decision Document, # 4 Exhibit Plaintiff Appeal Letter)(Weinstein, Laurie) (Entered: 01/03/2013)
2013-01-17	14	Cross MOTION for Summary Judgment by SCOTT HODES (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Exhibit, # 4 Exhibit, # 5 Text of Proposed Order)(Hodes, Scott). (Entered: 01/17/2013)
2013-01-17	15	Memorandum in opposition to re 13 MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by SCOTT HODES. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Exhibit, # 4 Exhibit, # 5 Text of Proposed Order)(Hodes, Scott) . (Entered: 01/17/2013)
2013-01-25	16	Consent MOTION for Extension of Time to File Response/Reply in Support of Motion for Summary Judgment and in Opposition to Cross Motion by DEPARTMENT OF TREASURY (Attachments: # 1 Text of Proposed Order)(Weinstein, Laurie) (Entered: 01/25/2013)
2013-01-28		MINUTE ORDER granting 16 Motion for Extension of Time. The combined reply in support of defendant's motion for summary judgment [Dkt. # 13] and opposition to plaintiff's cross-motion for summary judgment [Dkt. # 14] is due February 4, 2013. Signed by Judge Amy Berman Jackson on 1/28/13. (lcabj1) (Entered: 01/28/2013)
2013-02-04	17	Consent MOTION for Extension of Time to File Response/Reply by Two Days by DEPARTMENT OF TREASURY (Attachments: # 1 Text of Proposed Order)(Weinstein, Laurie) (Entered: 02/04/2013)
2013-02-04		MINUTE ORDER granting 17 Motion for Extension of Time to File Reply in Support of 13 MOTION for Summary Judgment, and Opposition to 14 Cross MOTION for Summary Judgment. The combined reply in support of defendant's motion for summary judgment and opposition to plaintiff's cross-motion for summary judgment is due on or before February 6, 2013. Signed by Judge Amy Berman Jackson on 2/4/13. (lcabj1) (Entered: 02/04/2013)
2013-02-06	18	Memorandum in opposition to re 14 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by DEPARTMENT OF TREASURY. (Attachments: # 1 Statement of Facts)(Weinstein, Laurie) (Entered: 02/06/2013)
2013-02-06	19	REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by DEPARTMENT OF TREASURY. (Attachments: # 1 Statement of Facts)(Weinstein, Laurie) (Entered: 02/06/2013)
2013-02-07	20	NOTICE of Filng of Inadvertently Omitted Declaration re 19 REPLY to opposition to motion re 13 MOTION for Summary Judgment by DEPARTMENT OF TREASURY (Attachments: # 1 Declaration of James Harden)(Weinstein, Laurie) . (Entered: 02/07/2013)
2013-02-13	21	REPLY to opposition to motion re 14 Cross MOTION for Summary Judgment filed by SCOTT HODES. (Attachments: # 1 Response to Statement of)(Hodes, Scott). (Entered: 02/13/2013)
2013-02-14		NOTICE OF ERROR re 21 Reply to opposition to Motion; emailed to infoprivacylaw@yahoo.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. Same document under th (Entered: 02/14/2013)
2013-09-25	22	ORDER denying 13 defendant's Motion for Summary Judgment; granting 14 plaintiff's Cross-Motion for Summary Judgment. Signed by Judge Amy Berman Jackson on 9/25/13. (DMK) (Entered: 09/25/2013)
2013-09-25	23	MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 9/25/13. (DMK) (Entered: 09/25/2013)
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