Case Detail

FOIA Project Annotation: Resolving the only remaining dispute, a federal court in New York has ruled that the Department of Justice properly withheld a draft memo prepared by its Office of Community Oriented Policing Services in connection with a collaborative reform assessment of the North Charleston, South Carolina Police Department under Exemption 5 (privileges) in response to a FOIA request from the NAACP Legal Defense and Educational Fund. The NAACP asked for five categories of records related to grant awards and technical assistance provided to the NCPD from COPS from January 20067 to the present. In an interim response, the agency disclosed 44 pages without redactions and 14 pages with redactions under Exemption 4 (confidential business information) and Exemption 6 (invasion of privacy). In its final response, the agency disclosed three additional pages but withheld 331 pages under Exemption 5. After LDF filed suit, the agency conducted an additional search based on clarifications of LDF's request. COPS released 18 more pages with redactions under Exemption 5 and Exemption 6 but withheld in full 315 pages under Exemption 5. In consultation with LDF, COPS agreed to expand its search for records pertaining to NCPD, this time disclosing 7,207 additional pages with redactions. COPS also agreed to re-review three drafts of the NCPD report for segregability. As a result of that review, COPS continued to withhold a 112-page draft report under the deliberative process privilege. LDF argued that because the draft was prepared by the Police Foundation, the report did not satisfy the inter- or intra-agency threshold requirement for Exemption 5 coverage. The court, however, rejected the argument, noting that "the June 30 Draft, prepared by the Police Foundation as the technical assistance provider to the COPS Office on the NCPD engagement, is an intra-agency document. Therefore, the 'source' of the June 30 Draft is a government agency." The court then found that the draft report was pre-decisional, noting that "the Draft temporally preceded any decision by the COPS Office as to what to include in the finalized report, and whether to adopt the final report as COPS's official recommendation to the NCPD. These decisions were never reached because the program ended its work on the NCPD engagement before the June 30 Draft was finalized. Even where a draft never became final, the draft version remains predecisional." The court agreed that the draft was deliberative as well. The court pointed out that "the June 30 Draft reflects the then-ongoing collaboration between the Police Foundation and COPS on a document that contains preliminary assessments, initial findings, and proposed recommendations, along with notes and comments by the drafters. The Draft was subject to change, and its contents had not been verified. Such a draft document reflects the thought processes of the 'give-and-take' of the agency and its outside consultant, rendering it deliberative and protected by Exemption 5." LDF also challenged the agency's segregability analysis, suggesting the agency could have separated out more factual matter and disclosed it. The court disagreed, observing that "the factual material that the Police Foundation and the COPS Office included in the June 30 Draft would reveal what the government considered significant to the project during the preliminary stages of creating the NCPD recommendations." The court added that "the inclusion of particular information here depended on the subjective judgement of the drafters, and would reveal what they considered significant at a particular, preliminary stage of the drafting process." The court also found that the agency had shown disclosure could cause foreseeable harm. The court pointed out that "law enforcement may be hesitant to approach the COPS Office to engage in such deliberative processes if such information could be released to the public at preliminary stages."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 5 - Privileges - Deliberative process privilege - Predecisional

Date Filed	Doc #	Docket Text
2018-05-16	1	COMPLAINT against U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF JUSTICE. (Filing Fee $ 400.00, Receipt Number 0208-15075324)Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Attachments: # 1 Exhibit 1 - July 2015 Letter, # 2 Exhibit 2 - April 2016 Letter, # 3 Exhibit 3 - Memorandum of Agreement, # 4 Exhibit 4 - July 2017 Letter, # 5 Exhibit 5 - August 2017 Letter, # 6 Exhibit 6 - FOIA Request, # 7 Exhibit 7 - Interim Response, # 8 Exhibit 8 - Final Response, # 9 Exhibit 9 - FOIA Appeal, # 10 Exhibit 10 - OIP Acknowledgment)(Spital, Samuel) (Entered: 05/16/2018)
2018-05-16	2	CIVIL COVER SHEET filed. (Spital, Samuel) (Entered: 05/16/2018)
2018-05-16	3	FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Office of Community Oriented Policing Services (COPS), re: 1 Complaint,,. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Spital, Samuel) Modified on 5/17/2018 (pne). (Entered: 05/16/2018)
2018-05-16	4	FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Office of Information Policy, re: 1 Complaint,,. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Spital, Samuel) Modified on 5/17/2018 (pne). (Entered: 05/16/2018)
2018-05-16	5	NOTICE OF APPEARANCE by Samuel Spital on behalf of NAACP Legal Defense & Educational Fund, Inc.. (Spital, Samuel) (Entered: 05/16/2018)
2018-05-16	6	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by NAACP Legal Defense & Educational Fund, Inc..(Spital, Samuel) (Entered: 05/16/2018)
2018-05-17		CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (pne) (Entered: 05/17/2018)
2018-05-17		Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (pne) (Entered: 05/17/2018)
2018-05-17		Case Designated ECF. (pne) (Entered: 05/17/2018)
2018-05-17		***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Samuel Spital. The party information for the following parties has been modified: U.S. Department Of Justice, U.S. Department Of Justice. The information for the parties has been modified for the following reason: party name was entered in all caps. (pne) (Entered: 05/17/2018)
2018-05-17		***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Samuel Spital. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction has been made to your case entry: the Fee Status code has been modified to pd (paid). (pne) (Entered: 05/17/2018)
2018-05-17		***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Samuel Spital to RE-FILE Document No. 3 Request for Issuance of Summons, 4 Request for Issuance of Summons,. The filing is deficient for the following reasons: caption entered on summons request is incorrect; defendant party name is incorrect on the summons request and on the docket entry text. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne) (Entered: 05/17/2018)
2018-05-17	7	REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice including its component Office of Community Oriented Policing Services, re: 1 Complaint,,. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Spital, Samuel) (Entered: 05/17/2018)
2018-05-17	8	REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice including its component Office of Information Policy, re: 1 Complaint,,. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Spital, Samuel) (Entered: 05/17/2018)
2018-05-18	9	ELECTRONIC SUMMONS ISSUED as to U.S. Department Of Justice(including its component OFFICE OF COMMUNITY ORIENTED POLICING SERVICES ). (dnh) (Entered: 05/18/2018)
2018-05-18	10	ELECTRONIC SUMMONS ISSUED as to U.S. Department Of Justice(including its component OFFICE OF INFORMATION POLICY). (dnh) (Main Document 10 replaced on 5/18/2018) (dnh). (Entered: 05/18/2018)
2018-05-18	11	ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/1/2018 at 12:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 5/18/2018) (ne) (Entered: 05/18/2018)
2018-05-18	12	ORDER TO ANSWER: This Court, having received Petitioner's complaint seeking a writ of mandamus pursuant to 28 U.S.C. § 1361, hereby ORDERS that: The United States Attorney for the Southern District of New York must respond within 60 days. The petitioner may file a reply within 14 days of the filing of the response. It is further ORDERED that the Clerk of Court transmit a copy of this Order and the Complaint to the United States Attorney for this District, Attention: Chief of the Civil Division. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/18/2018) (mml) (Entered: 05/18/2018)
2018-05-18		Transmission to Docket Assistant Clerk. Transmitted re: 12 Order to Answer to the Docket Assistant Clerk for case processing. (mml) (Entered: 05/18/2018)
2018-05-18		Mailed a copy of 1 Complaint,, 12 Order to Answer to U.S. Attorney's Office, S.D.N.Y., Attn: Civil Division, 86 Chambers Street, 3rd Floor, New York, NY 10007. (rro) (Entered: 05/18/2018)
2018-06-01	13	SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,, served. U.S. Department Of Justice(including its component OFFICE OF COMMUNITY ORIENTED POLICING SERVICES ) served on 5/18/2018, answer due 6/18/2018. Service was accepted by Israel Mihaya, Clerk, U.S. Attorney for Southern District of New York. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Spital, Samuel) (Entered: 06/01/2018)
2018-06-01	14	SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,, served. Service was accepted by Israel Mihaya, Clerk, U.S. Attorney for Southern District of New York. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Spital, Samuel) (Entered: 06/01/2018)
2018-06-01	15	SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,, served. U.S. Department Of Justice(including its component OFFICE OF INFORMATION POLICY) served on 5/21/2018, answer due 6/20/2018; U.S. Department Of Justice(including its component OFFICE OF COMMUNITY ORIENTED POLICING SERVICES ) served on 5/21/2018, answer due 6/20/2018. Service was accepted by Desiree Brown Authorized Agent for U.S. Department of Justice. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Spital, Samuel) (Entered: 06/01/2018)
2018-06-01	16	SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,, served. U.S. Department Of Justice(including its component OFFICE OF COMMUNITY ORIENTED POLICING SERVICES ) served on 5/23/2018, answer due 6/22/2018. Service was accepted by Desiree Brown Authorized Agent for U.S. Department of Justice. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Spital, Samuel) (Entered: 06/01/2018)
2018-06-01	17	SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,, served. Service was accepted by Desiree Brown Authorized Agent for U.S. Department of Justice. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Spital, Samuel) (Entered: 06/01/2018)
2018-06-12	18	LETTER addressed to Judge P. Kevin Castel from Christine S. Poscablo dated June 12, 2018 re: Order to Answer (ECF No. 12). Document filed by U.S. Department Of Justice(including its component OFFICE OF INFORMATION POLICY), U.S. Department Of Justice(including its component OFFICE OF COMMUNITY ORIENTED POLICING SERVICES ).(Poscablo, Christine) (Entered: 06/12/2018)
2018-06-12	19	AMENDED ORDER TO ANSWER: The Court, having received Petitioner's complaint under the Freedom of Information Act, hereby ORDERS that: The United States Attorney for the Southern District of New York must respond within 60 days nunc pro tunc to May 18, 2018. The petitioner may file a reply within 14 days of the filing of the response. It is further ORDERED that the Clerk of Court transmit a copy of this Order and the Complaint to the United States Attorney for this District, Attention: Chief of the CivilDivision. (Signed by Judge P. Kevin Castel on 6/12/2018) (kgo) (Entered: 06/12/2018)
2018-06-12		Transmission to Docket Assistant Clerk. Transmitted re: 19 Order to Answer,,, to the Docket Assistant Clerk for case processing. (kgo) (Entered: 06/12/2018)
2018-06-13		Mailed a copy of 1 Complaint 19 Order to Answer to United States Attorney for the Southern District of New York, 86 Chambers St, New York, NY 10007. (mhe) (Entered: 06/13/2018)
2018-06-15	20	CONSENT LETTER MOTION for Extension of Time and Adjournment of Initial Pretrial Conference addressed to Judge P. Kevin Castel from Samuel Spital dated June 15, 2018. Document filed by NAACP Legal Defense & Educational Fund, Inc..(Spital, Samuel) (Entered: 06/15/2018)
2018-06-15	21	NOTICE OF APPEARANCE by Christine Schessler Poscablo on behalf of U.S. Department Of Justice(including its component OFFICE OF INFORMATION POLICY), U.S. Department Of Justice(including its component OFFICE OF COMMUNITY ORIENTED POLICING SERVICES ). (Poscablo, Christine) (Entered: 06/15/2018)
2018-06-18	22	ORDER granting in part and denying in part 20 Letter Motion for Extension of Time. The proposed schedule is adopted except that the conference is adjourned from August 1 to August 28, 2018 at 2:15 p.m. Amended Pleadings due by 6/26/2018. (Signed by Judge P. Kevin Castel on 6/18/2018) (kgo) (Entered: 06/18/2018)
2018-06-18		Set/Reset Hearings:( Initial Conference set for 8/28/2018 at 02:15 PM before Judge P. Kevin Castel.), Set/Reset Deadlines: U.S. Department Of Justice(including its component OFFICE OF INFORMATION POLICY) answer due 7/26/2018; U.S. Department Of Justice(including its component OFFICE OF COMMUNITY ORIENTED POLICING SERVICES ) answer due 7/26/2018. (kgo) (Entered: 06/18/2018)
2018-06-26	23	FIRST AMENDED COMPLAINT amending 1 Complaint,, against U.S. Department Of Justice(including its component OFFICE OF INFORMATION POLICY), U.S. Department Of Justice(including its component OFFICE OF COMMUNITY ORIENTED POLICING SERVICES ).Document filed by NAACP Legal Defense & Educational Fund, Inc.. Related document: 1 Complaint,,. (Attachments: # 1 Exhibit 1 - July 2015 Letter, # 2 Exhibit 2 - April 2016 Letter, # 3 Exhibit 3 - Memorandum of Agreement, # 4 Exhibit 4 - July 2017 Letter, # 5 Exhibit 5 - August 2017 Letter, # 6 Exhibit 6 - FOIA Request, # 7 Exhibit 7 - Interim Response, # 8 Exhibit 8 - Final Response, # 9 Exhibit 9 - FOIA Appeal, # 10 Exhibit 10 - OIP Acknowledgment, # 11 Exhibit 11 - Final Disposition)(Spital, Samuel) (Entered: 06/26/2018)
2018-07-05	24	NOTICE OF APPEARANCE by Kristen Adrina Johnson on behalf of NAACP Legal Defense & Educational Fund, Inc.. (Johnson, Kristen) (Entered: 07/05/2018)
2018-07-26	25	ANSWER to 23 Amended Complaint,,,. Document filed by U.S. Department Of Justice(including its component OFFICE OF INFORMATION POLICY), U.S. Department Of Justice(including its component OFFICE OF COMMUNITY ORIENTED POLICING SERVICES ).(Poscablo, Christine) (Entered: 07/26/2018)
2018-08-21	26	JOINT LETTER addressed to Judge P. Kevin Castel from Kristen A. Johnson, Christine S. Poscablo and Garrett Coyle dated August 21, 2018 re: Courts Initial Pretrial Conference Order. Document filed by NAACP Legal Defense & Educational Fund, Inc..(Johnson, Kristen) (Entered: 08/21/2018)
2018-08-28		Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial Conference held on 8/28/2018. The next case management conference is scheduled for November 1, 2018 at 12:00 p.m. (Nacanther, Florence) (Entered: 08/28/2018)
2018-08-28	27	ORDER FOLLOWING PRETRIAL CONFERENCE: As a result of a Pre-Trial Conference held before the Court today, the following is ORDERED: 1. Defendant shall provide a Vaughn index within 30 days. The parties will thereafter confer to bridge any remaining gap between them. The next Case Management Conference will be held on November 1, 2018 at 12:00 pm. Any conference scheduled for a date prior thereto is adjourned. SO ORDERED. (Case Management Conference set for 11/1/2018 at 12:00 PM before Judge P. Kevin Castel). (Signed by Judge P. Kevin Castel on 8/28/2018) (rjm) (Entered: 08/28/2018)
2018-09-26	28	LETTER MOTION for Extension of Time to Provide Vaughn Index and for Adjournment of Conference addressed to Judge P. Kevin Castel from Christine S. Poscablo dated September 26, 2018. Document filed by U.S. Department Of Justice(including its component OFFICE OF INFORMATION POLICY), U.S. Department Of Justice(including its component OFFICE OF COMMUNITY ORIENTED POLICING SERVICES ).(Poscablo, Christine) (Entered: 09/26/2018)
2018-09-26	29	ORDER granting 28 Letter Motion for Extension of Time. Time to provide draft Vaughn index extended to October 11, 2018. Conference adjourned from November 1 to Nov. 19, 2018 at 12:15pm. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/26/2018) (jca) (Entered: 09/26/2018)
2018-09-26		Set/Reset Hearings: Case Management Conference set for 11/19/2018 at 12:15 PM before Judge P. Kevin Castel. (jca) (Entered: 09/26/2018)
2018-11-14	30	CONSENT LETTER MOTION for Extension of Time and Adjournment of Status Conference addressed to Judge P. Kevin Castel from Kristen A. Johnson dated November 14, 2018. Document filed by NAACP Legal Defense & Educational Fund, Inc..(Johnson, Kristen) (Entered: 11/14/2018)
2018-11-15	31	ORDER granting 30 Letter Motion for Extension of Time. Conference Adjourned From: November 19, 2018 to Dec. 18 at 12:30 pm. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/14/2018) (anc) (Entered: 11/15/2018)
2018-11-15		Set/Reset Hearings: Case Management Conference set for 12/18/2018 at 12:30 PM before Judge P. Kevin Castel. (anc) (Entered: 11/15/2018)
2018-12-14	32	CONSENT LETTER addressed to Judge P. Kevin Castel from Christine S. Poscablo dated December 14, 2018 re: Request to Adjourn Status Conference. Document filed by U.S. Department Of Justice(including its component OFFICE OF INFORMATION POLICY), U.S. Department Of Justice(including its component OFFICE OF COMMUNITY ORIENTED POLICING SERVICES ).(Poscablo, Christine) (Entered: 12/14/2018)
2018-12-14	33	MEMO ENDORSEMENT on re: 32 Letter, filed by U.S. Department Of Justice. ENDORSEMENT: Case Management Conference set for March 1, 2019 at 11:00 a.m. (Case Management Conference set for 3/1/2019 at 11:00 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 12/14/2018) (jwh) (Entered: 12/14/2018)
2018-12-27	34	STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (kv) (Entered: 01/02/2019)
2018-12-27		Case Stayed. (kv) (Entered: 01/14/2019)
2019-02-20	35	NOTICE OF APPEARANCE by Aaron Ross Sussman on behalf of NAACP Legal Defense & Educational Fund, Inc.. (Sussman, Aaron) (Entered: 02/20/2019)
2019-02-28	36	CONSENT LETTER MOTION to Adjourn Conference addressed to Judge P. Kevin Castel from Kristen A. Johnson dated February 28, 2019. Document filed by NAACP Legal Defense & Educational Fund, Inc..(Johnson, Kristen) (Entered: 02/28/2019)
2019-02-28	37	ORDER granting 36 Letter Motion to Adjourn Conference. Case Management Conference set for 3/26/2019 at 12:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) (Entered: 02/28/2019)
2019-03-20		NOTICE: Pretrial conference original scheduled for March 26, 2019 is adjourned to April 2, 2019 at 11:00 a.m. (Nacanther, Florence) Modified on 3/20/2019 (Landers, Rigoberto). (Entered: 03/20/2019)
2019-04-02		Minute Entry for proceedings held before Judge P. Kevin Castel: Case Management Conference held on 4/2/2019. The next Case Management Conference is scheduled for June 17, 2019 at 11:30 a.m. (Nacanther, Florence) (Entered: 04/02/2019)
2019-04-02	38	ORDER FOLLOWING PRETRIAL CONFERENCE: As a result of a Pre-Trial Conference held before the Court today, the following is ORDERED: 1. Government to produce documents not held under an exemption and an updated Vaughn Index within 60 days. 2. Government also to review certain Police Foundation drafts to determine whether there are non-exempt portions that can be produced. This process will be completed and the redacted produced within 30 days. The next Case Management Conference will be held on June 17, 2019 at 11:30 a.m. Any conference scheduled for a date prior thereto is adjourned. (Case Management Conference set for 6/17/2019 at 11:30 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 4/2/2019) (jwh) (Entered: 04/02/2019)
2019-06-13	39	FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - CONSENT LETTER MOTION for Extension of Time and Adjournment of Status Conference addressed to Judge P. Kevin Castel from Kristen A. Johnson dated June 13, 2019. Document filed by NAACP Legal Defense & Educational Fund, Inc..(Johnson, Kristen) Modified on 8/20/2019 (db). (Entered: 06/13/2019)
2019-06-14	40	ORDER granting 39 Letter Motion for Extension of Time. Conference is adjourned from June 17, 2019 to September 5, 2019 at 10:45 a.m. (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) (Entered: 06/14/2019)
2019-08-28	41	CONSENT LETTER MOTION for Extension of Time And Adjournment of Status Conference addressed to Judge P. Kevin Castel from Kristen A. Johnson dated August 28, 2019. Document filed by NAACP Legal Defense & Educational Fund, Inc..(Johnson, Kristen) (Entered: 08/28/2019)
2019-09-05	42	ORDER granting 41 Letter Motion. Conference originally scheduled for September 5, 2019 is adjourned to November 6, 2019 at 11:00 a.m. in Courtroom 11D. (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) (Entered: 09/05/2019)
2019-10-23	43	LETTER addressed to Judge P. Kevin Castel from Kristen A. Johnson dated 10/23/2019 re: NAACP Legal Defense and Educational Fund, Inc. v. U.S. Department of Justice, et al., 18-cv-04354 (PKC). Document filed by NAACP Legal Defense & Educational Fund, Inc..(Johnson, Kristen) (Entered: 10/23/2019)
2019-10-23	44	MEMO ENDORSEMENT on re: 43 Letter, filed by NAACP Legal Defense & Educational Fund, Inc. ENDORSEMENT: The letter of October 23 is deemed a request for in camera review. Defendant shall respond by October 30. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/23/2019) (ks) (Entered: 10/23/2019)
2019-10-30	45	LETTER addressed to Judge P. Kevin Castel from Christine S. Poscablo dated October 30, 2019 re: Response to Plaintiff's Request for In Camera Review. Document filed by U.S. Department Of Justice(including its component OFFICE OF INFORMATION POLICY), U.S. Department Of Justice(including its component OFFICE OF COMMUNITY ORIENTED POLICING SERVICES ).(Poscablo, Christine) (Entered: 10/30/2019)
2019-10-30	46	MEMO ENDORSEMENT on re: 45 Letter, filed by U.S. Department Of Justice. ENDORSEMENT: Application for in camera review denied without prejudice to renewal in the context of summary judgment briefing. File summary judgment motion by December 6, 2019. Response due January 6, 2020. Reply January 21, 2020. November 6, 2019 conference is VACATED. SO ORDERED. (Motions due by 12/6/2019, Responses due by 1/6/2020, Replies due by 1/21/2020.) (Signed by Judge P. Kevin Castel on 10/30/2019) (jca) (Entered: 10/30/2019)
2019-12-06	47	NOTICE OF APPEARANCE by Kristina Wolfe on behalf of U.S. Department Of Justice(including its component OFFICE OF INFORMATION POLICY), U.S. Department Of Justice(including its component OFFICE OF COMMUNITY ORIENTED POLICING SERVICES ). (Wolfe, Kristina) (Entered: 12/06/2019)
2019-12-06	48	MOTION for Summary Judgment . Document filed by U.S. Department Of Justice(including its component OFFICE OF INFORMATION POLICY), U.S. Department Of Justice(including its component OFFICE OF COMMUNITY ORIENTED POLICING SERVICES ).(Poscablo, Christine) (Entered: 12/06/2019)
2019-12-06	49	DECLARATION of Melissa Fieri-Fetrow in Support re: 48 MOTION for Summary Judgment .. Document filed by U.S. Department Of Justice(including its component OFFICE OF INFORMATION POLICY), U.S. Department Of Justice(including its component OFFICE OF COMMUNITY ORIENTED POLICING SERVICES ). (Attachments: # 1 Exhibit A (NAACP LDF's FOIA Request))(Poscablo, Christine) (Entered: 12/06/2019)
2019-12-06	50	MEMORANDUM OF LAW in Support re: 48 MOTION for Summary Judgment . . Document filed by U.S. Department Of Justice(including its component OFFICE OF INFORMATION POLICY), U.S. Department Of Justice(including its component OFFICE OF COMMUNITY ORIENTED POLICING SERVICES ). (Poscablo, Christine) (Entered: 12/06/2019)
2020-01-06	51	MOTION to Approve IN CAMERA REVIEW . Document filed by NAACP Legal Defense & Educational Fund, Inc..(Johnson, Kristen) (Entered: 01/06/2020)
2020-01-06	52	MEMORANDUM OF LAW in Opposition re: 48 MOTION for Summary Judgment . AND IN SUPPORT OF PLAINTIFF'S MOTION FOR IN CAMERA REVIEW . Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Johnson, Kristen) (Entered: 01/06/2020)
2020-01-06	53	DECLARATION of Kristen A. Johnson in Opposition re: 48 MOTION for Summary Judgment .. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Attachments: # 1 Exhibit A - Revised NCPD assesment report, # 2 Exhibit B - Goals and Objectives Statement)(Johnson, Kristen) (Entered: 01/06/2020)
2020-01-21	54	REPLY MEMORANDUM OF LAW in Support re: 48 MOTION for Summary Judgment . and in Opposition to Plaintiff's Motion for In Camera Review . Document filed by U.S. Department Of Justice(including its component OFFICE OF INFORMATION POLICY), U.S. Department Of Justice(including its component OFFICE OF COMMUNITY ORIENTED POLICING SERVICES ). (Wolfe, Kristina) (Entered: 01/21/2020)
2020-01-21	55	MEMORANDUM OF LAW in Opposition re: 51 MOTION to Approve IN CAMERA REVIEW . and in Further Support of Defendant's Motion for Summary Judgment . Document filed by U.S. Department Of Justice(including its component OFFICE OF INFORMATION POLICY), U.S. Department Of Justice(including its component OFFICE OF COMMUNITY ORIENTED POLICING SERVICES ). (Wolfe, Kristina) (Entered: 01/21/2020)
2020-01-21	56	DECLARATION of Matthew C. Scheider, Ph.D. in Support re: 48 MOTION for Summary Judgment .. Document filed by U.S. Department Of Justice(including its component OFFICE OF INFORMATION POLICY), U.S. Department Of Justice(including its component OFFICE OF COMMUNITY ORIENTED POLICING SERVICES ). (Wolfe, Kristina) (Entered: 01/21/2020)
2020-09-02	57	OPINION AND ORDER re: 48 MOTION for Summary Judgment, 51 MOTION to Approve IN CAMERA REVIEW: For the reasons set forth above, defendants' motion for summary judgment is GRANTED and plaintiff's motion for in camera review is DENIED. The Clerk is respectfully directed to terminate the motions (Docs 48, 51), to enter final judgment, and to close this case. (Signed by Judge P. Kevin Castel on 9/2/2020) (jwh) Transmission to Orders and Judgments Clerk for processing. (Entered: 09/02/2020)
2020-09-02	58	CLERK'S JUDGMENT re: 57 Memorandum & Opinion in favor of U.S. Department Of Justice against NAACP Legal Defense & Educational Fund, Inc. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated September 2, 2020, defendants' motion for summary judgment is GRANTED and plaintiff's motion for in camera review is DENIED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/2/2020) (Attachments: # 1 Right to Appeal) (km) (Entered: 09/02/2020)
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