Case Detail

FOIA Project Annotation: A federal court in California has ruled that the Interior Department did not waive its ability to claim that records pertaining to the development of an opinion by the Solicitor of Interior finding that the Bureau of Reclamation had the legal authority to make certain flow augmentation releases (FARs) from the Trinity River Division of the Central Valley to increase flows in the lower Klamath River for the benefit of migrating salmon were protected by Exemption 5 (privileges). The San Luis & Delta-Mendota Water Authority had sued the agency challenging its authority to divert the water. The court found the agency did not have the authority to issue the FARs, which resulted in a new Solicitor's opinion reinterpreting the agency's legal authority. The Water Authority then made several FOIA requests to the agency, including one for records about how the Solicitor's opinion was developed. The Water Authority argued that because it was a party to litigation with the agency on the issue it would be unfair for the agency to assert that the records concerning the development of the opinion were privileged. The court rejected the Water Authority's waiver argument, noting that "if Plaintiff is correct that mere issuance of the Solicitor's Opinion waives all privilege with regard to internal memoranda concerning the Solicitor's Opinion, agencies would never be able to benefit from attorney-client, attorney work product, deliberative process, or other privilege protections that are incorporated by reference into FOIA's Exemption 5. If the mere disclosure of the final product resulted in evisceration of those privileges, the privileges would no longer have any practical effect. The fact that the final (disclosed) product is used to advance an agency goal is to be expected, that such a goal may be adverse to Plaintiff's interest does not diminish the operation of the relevant privileges in any way." The court rejected the agency's claim that the Solicitor's Office was not a proper party because it was not an agency itself. Noting a number of cases in which components of Interior had been named as defendants, the court observed that "these cases establish, at a bare minimum, that inclusion in a FOIA suit of component branches of an executive agency is routine. Absent affirmative authority suggesting inclusion of such component branches as defendants is improper, which Federal Defendants have not provided and the Court has been unable to locate, the Court will not dismiss the Solicitor's Office as a defendant at this time."
Issues: Exemption 5 - Privileges - Waiver of privilege

Date Filed	Doc #	Docket Text
2015-09-17	1	COMPLAINT for Declaratory and Injunctive Relief Under the Freedom of Information Act against All Defendants by San Luis & Delta-Mendota Water Authority. Attorney O'Hanlon, Daniel Joseph added. (Filing fee $ 400, receipt number 0972-6083738) (Attachments: # 1 Exhibit Exhibit 1 to Complaint, # 2 Exhibit Exhibit 2 to Complaint)(O'Hanlon, Daniel) (Entered: 09/17/2015)
2015-09-17	2	CIVIL COVER SHEET by San Luis & Delta-Mendota Water Authority (O'Hanlon, Daniel) (Entered: 09/17/2015)
2015-09-18	3	ORDER relating and reassigning case signed by District Judge Lawrence J. O'Neill on 9/17/2015. New Case Number 1:15-cv-01412-LJO-GSA.(Lundstrom, T) (Entered: 09/18/2015)
2015-09-18	4	SUMMONS ISSUED as to *Office of the Solicitor, of the U.S. Department of the Interior, Hilary Tompkins* with answer to complaint due within *30* days. Attorney *Daniel Joseph O'Hanlon* *Kronick, Moskovitz, Tiedemann & Girard* *400 Capitol Mall, 27th Floor* *Sacramento, CA 95814-4416*. (Lundstrom, T) (Entered: 09/18/2015)
2015-09-18	5	CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 1/7/2016 at 09:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Attachments: # 1 Standing Order, # 2 Consent Form, # 3 VDRP) (Lundstrom, T) (Entered: 09/18/2015)
2015-09-18	6	SUMMONS RETURNED EXECUTED by San Luis & Delta-Mendota Water Authority. Office of the Solicitor, of the U.S. Department of the Interior served on 9/18/2015, answer due 11/17/2015. (O'Hanlon, Daniel) (Entered: 09/18/2015)
2015-09-18	7	SUMMONS RETURNED EXECUTED by San Luis & Delta-Mendota Water Authority. Hilary Tompkins served on 9/18/2015, answer due 11/17/2015. (O'Hanlon, Daniel) (Entered: 09/18/2015)
2015-10-09	8	FIRST AMENDED COMPLAINT against Office of the Solicitor, of the U.S. Department of the Interior, U.S. Department of the Interior by San Luis & Delta-Mendota Water Authority. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(O'Hanlon, Daniel) (Entered: 10/09/2015)
2015-10-09	9	STIPULATION and PROPOSED ORDER for Time for Federal Defendants to Respond to First Amended Complaint by Office of the Solicitor, of the U.S. Department of the Interior, Hilary Tompkins, U.S. Department of the Interior. Attorney Ernce, Lynn Trinka added. (Ernce, Lynn) (Entered: 10/09/2015)
2015-10-13	10	ORDER by Chief Judge Morrison C. England, Jr.: Due to the retirement of Magistrate Judge Gary S. Austin, this action is reassigned to newly appointed Magistrate Judge Erica P. Grosjean for all further proceedings. (Jessen, A) (Entered: 10/13/2015)
2015-10-15	11	STIPULATION AND ORDER RE Time for Federal Defendants to Respond to First Amended Complaint; ORDER, signed by District Judge Lawrence J. O'Neill on 10/15/15.(Case Management Deadline: 11/13/2015) (Martin-Gill, S) (Entered: 10/15/2015)
2015-11-13	12	MOTION to DISMISS by Office of the Solicitor, of the U.S. Department of the Interior, U.S. Department of the Interior. Motion Hearing set for 12/15/2015 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Carter L. Brown)(Ernce, Lynn) (Entered: 11/13/2015)
2015-12-01	13	OPPOSITION by San Luis & Delta-Mendota Water Authority to 12 MOTION to DISMISS. (O'Hanlon, Daniel) (Entered: 12/01/2015)
2015-12-01	14	MOTION for SUMMARY JUDGMENT by San Luis & Delta-Mendota Water Authority. Motion Hearing set for 1/11/2016 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (O'Hanlon, Daniel) (Entered: 12/01/2015)
2015-12-01	15	DECLARATION of Rebecca R. Akroyd in re 14 MOTION for SUMMARY JUDGMENT, 12 MOTION to DISMISS. (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, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31)(O'Hanlon, Daniel) (Entered: 12/01/2015)
2015-12-01	16	STATEMENT of Undisputed Facts in Support of Counter-Motion for Summary Judgment by Plaintiff San Luis & Delta-Mendota Water Authority re 14 MOTION for SUMMARY JUDGMENT. (O'Hanlon, Daniel) (Entered: 12/01/2015)
2015-12-01	17	MEMORANDUM by San Luis & Delta-Mendota Water Authority in SUPPORT of 14 MOTION for SUMMARY JUDGMENT. (O'Hanlon, Daniel) (Entered: 12/01/2015)
2015-12-08	18	REPLY by Office of the Solicitor, of the U.S. Department of the Interior, Hilary Tompkins, U.S. Department of the Interior re 13 Opposition to Motion, 12 MOTION to DISMISS. (Ernce, Lynn) (Entered: 12/08/2015)
2015-12-10	19	MINUTE ORDER: (TEXT ENTRY ONLY) The Court has reviewed preliminarily the documents filed in connection with Federal Defendants' pending motion to dismiss or in the alternative for summary judgment 12 and has determined that the matter is suitable for decision on the papers pursuant to Local Rule 230(g). Accordingly, the hearing on that motion, currently set for December 15, 2015, is VACATED. The Court is cognizant of the fact that a cross motion for summary judgment 14 has been filed and is set for hearing on January 11, 2016. The parties are informed that the Court may not be able to issue a written order on Federal Defendants' motion prior to the expiration of the opposition deadline for the cross-motion. Absent a stipulation or motion supported by good cause, those deadlines remain unchanged. The Court will make a separate determination as to the need for a hearing on the cross-motion once additional briefing has been received signed by District Judge Lawrence J. O'Neill on December 10, 2015. (Munoz, I) (Entered: 12/10/2015)
2015-12-11	20	MOTION to STRIKE Plaintiff's Counter-Motion for Summary Judgment by Office of the Solicitor, of the U.S. Department of the Interior, Hilary Tompkins, U.S. Department of the Interior. Motion Hearing set for 1/11/2016 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Attachments: # 1 Memorandum in Support of Motion to Strike Plaintiff's Counter-Motion for Summary Judgment or, Alternatively, Motion to Continue Briefing and Hearing on Counter-Motion, # 2 Declaration of Lynn Trinka Ernce)(Ernce, Lynn) (Entered: 12/11/2015)
2015-12-14	21	MINUTE ORDER: (TEXT ENTRY ONLY) Plaintiffs shall have until 3:00 p.m. tomorrow, December 15, 2015, to file any response to Federal Defendants' alternative request 20 to continue the hearing on Plaintiffs' motion for summary judgment signed by District Judge Lawrence J. O'Neill on December 14, 2015. (Munoz, I) (Entered: 12/14/2015)
2015-12-15	22	RESPONSE by San Luis & Delta-Mendota Water Authority to 21 Minute Order, 20 MOTION to STRIKE Plaintiff's Counter-Motion for Summary Judgment . (O'Hanlon, Daniel) (Entered: 12/15/2015)
2015-12-16	23	MINUTE ORDER: (TEXT ENTRY ONLY) The Court has reviewed preliminarily all of the papers filed thus far in connection with Defendants' motion to dismiss or in the alternative for summary judgment 12 , Plaintiff's cross-motion for summary judgment 14 , Defendants' motion to strike or in the alternative to stay briefing on Plaintiff's cross motion 20 , and Plaintiff's response to the motion to stay 22 . Because Defendants' motion to dismiss raises at least one apparently non-frivolous and potentially dispositive issue, it will serve the interests of party and judicial efficiency to stay the briefing on Plaintiff's cross-motion for summary judgment. Accordingly, the hearing on that motion 14 , currently set for 1/11/16 is VACATED. The hearing on Defendants motion to strike 20 , set for the same day, is also VACATED. Depending upon the resolution of the motion to dismiss, the Court will re-set the hearing dates for those motions signed by District Judge Lawrence J. O'Neill on December 16. 2015. (Munoz, I) (Entered: 12/16/2015)
2015-12-23	24	JOINT SCHEDULING REPORT by San Luis & Delta-Mendota Water Authority. (O'Hanlon, Daniel) (Entered: 12/23/2015)
2015-12-29	25	MINUTE ORDER (Text Entry Only) signed by Magistrate Judge Erica P. Grosjean on 12/29/2015: Due to the pending motions 12 , 14 in this matter, the Initial Scheduling Conference currently set for 1/7/2016 is CONTINUED to 3/8/2016 at 09:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Martinez, A) (Entered: 12/29/2015)
2016-01-07	26	MEMORANDUM DECISION and ORDER Denying in Part Federal Defendants' 12 Motion to Dismiss and Requesting Supplemental Briefing, signed by District Judge Lawrence J. O'Neill on 1/6/16. (Verduzco, M) (Entered: 01/07/2016)
2016-01-14	27	BRIEF Supplemental Brief Regarding Administrative Exhaustion by San Luis & Delta-Mendota Water Authority. (O'Hanlon, Daniel) (Entered: 01/14/2016)
2016-01-14	28	NOTICE of APPEARANCE by Rebecca Rose Akroyd on behalf of San Luis & Delta-Mendota Water Authority. Attorney Akroyd, Rebecca Rose added. (Akroyd, Rebecca) (Entered: 01/14/2016)
2016-01-21	29	RESPONSE by Office of the Solicitor, of the U.S. Department of the Interior, Hilary Tompkins, U.S. Department of the Interior to 27 Brief. (Ernce, Lynn) (Entered: 01/21/2016)
2016-02-03	30	MEMORANDUM DECISION AND ORDER GRANTING IN PART FEDERAL DEFENDANTS MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM signed by District Judge Lawrence J. O'Neill on February 3, 2016. (Munoz, I) (Entered: 02/03/2016)
2016-02-17	31	ANSWER by Office of the Solicitor, of the U.S. Department of the Interior, Hilary Tompkins, U.S. Department of the Interior.(Ernce, Lynn) (Entered: 02/17/2016)
2016-02-19	32	MINUTE ORDER: (TEXT ENTRY ONLY) To accommodate the Court's calendar, the Initial Scheduling Conference currently set for 3/8/2016 is CONTINUED and will now be held on 3/11/2016 at 01:30 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. The scheduling conference in the related matter, 1:15-CV-1290 LJO EPG, will also be re-noticed for the same time and date. The parties are granted telephonic appearance with the parties to initiate a one-line conference call to (559) 499-5960. Minute Order signed by Magistrate Judge Erica P. Grosjean on 2/19/2016. (Rooney, M) (Entered: 02/19/2016)
2016-03-03	33	JOINT SCHEDULING REPORT by San Luis & Delta-Mendota Water Authority. (O'Hanlon, Daniel) (Entered: 03/03/2016)
2016-03-11	34	MINUTES (Text Only) for proceedings before Magistrate Judge Erica P. Grosjean: TELEPHONIC SCHEDULING CONFERENCE held, in chambers and off the record, on 3/11/2016 with an order to follow. Plaintiff's Counsel Daniel O'Hanlon (appearing telephonically on behalf of San Luis and Delta-Mendota Water Authority) present. Defendants' Counsel Lynn Ernce and Grant Brown (appearing telephonically on behalf of the Office of the Solicitor, US Department of the Interior, Solicitor, USDOI Hilary Tompkins, and US Department of the Interior) present. (Rooney, M) (Entered: 03/11/2016)
2016-03-11	35	MINUTE ORDER: (TEXT ENTRY ONLY) Pursuant to the scheduling conference held on 3/11/2016, document 34 , the Court sets a further Status Conference re Settlement/Scheduling for 6/7/2016 at 01:30 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. The parties may appear telephonically by placing a one-line conference call to chambers at (559) 499-5960. The Court further directs the parties to file a joint status report one full week prior to the conference. The parties are also advise to contact the Court if they realize that settlement is not possible and the instant hearing will then be advanced. Minute Order signed by Magistrate Judge Erica P. Grosjean on 3/11/2016. (Rooney, M) (Entered: 03/11/2016)
2016-05-27	36	JOINT STATUS REPORT by San Luis & Delta-Mendota Water Authority. (Akroyd, Rebecca) (Entered: 05/27/2016)
2016-06-07	37	MINUTES (Text Only) for proceedings before Magistrate Judge Erica P. Grosjean: TELEPHONIC STATUS CONFERENCE held, in chambers and off the record, on 6/7/2016 with a written order to follow. Plaintiff's Counsel Rebecca Akroyd telephonically present. Defendants' Counsel Lynn Ernce telephonically present. (Rooney, M) (Entered: 06/07/2016)
2016-06-13	38	SCHEDULING CONFERENCE ORDER signed by Magistrate Judge Erica P. Grosjean on 6/10/2016. Plaintiff's Motion for Summary Judgment due by 9/6/2016; Defendants' Cross-Motion for Summary Judgment/Opposition due by 10/4/2016; Plaintiff's Opposition/Reply due by 11/1/2016; Defendants' Reply due by 12/2/2016. (Martinez, A) (Entered: 06/13/2016)
2016-08-08	39	STIPULATION of DISMISSAL WITHOUT PREJUDICE and PROPOSED ORDER by San Luis & Delta-Mendota Water Authority. (O'Hanlon, Daniel) (Entered: 08/08/2016)
2016-08-09	40	STIPULATION and ORDER for DISMISSAL without Prejudice signed by Chief Judge Lawrence J. O'Neill on 8/9/2016. CASE CLOSED. (Sant Agata, S) (Entered: 08/09/2016)
Hide Docket Events