Case Detail

FOIA Project Annotation: Judge Timothy Kelly has ruled that the Consumer Financial Protection Bureau has so far failed to show that phone numbers of employees are protected by Exemption 6 (invasion of privacy). Journalist Todd Shepherd requested phone records of Leandra English during the three-month period in which she unsuccessfully sought to be recognized as the CFPB's acting Director. The agency redacted phone numbers contained in the six pages that could not be confirmed as agency landline numbers or, after a Google search, business numbers. Kelly pointed out that "the CFPB bears the burden of proving that the phone numbers it redacted from the six pages of records at issue may be withheld under Exemption 6. . .To undertake [such an] analysis, the Court needs more information about the redacted phone numbers â€" as opposed to what they are not." Kelly faulted the agency's search, noting that "the CFPB identified â€" and therefore did not redact â€" its own Washington, D.C. landlines that appeared in the records. But it apparently took no steps to identify landlines associated with CFPB offices or CFPB-issued cell phones, two types of phone numbers that, at a minimum, do not clearly warrant withholding under Exemption 6. Similarly, the CFPB does not represent that it tried to identify, and therefore not redact, phone numbers associated with government offices or officials outside the CFPB. Whether Exemption 6 would cover such phone numbers â€" as in countless other situations â€" would depend on the particular facts, circumstances, and interests at stake." Kelly questioned the Google search well. He pointed out that "the Court has no information about the likelihood that a Google search of a phone number accurately reflects whether that phone number belongs to a business."
Issues: Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2018-08-27	1	COMPLAINT against CONSUMER FINANCIAL PROTECTION BUREAU ( Filing fee $ 400 receipt number 0090-5659687) filed by TODD SHEPHERD. (Attachments: # 1 Summons U.S. Attorney for the District of Columbia, # 2 Summons U.S. Attorney General, # 3 Summons Consumer Financial Protection Bureau)(Peterson, James) (Additional attachment(s) added on 8/28/2018: # 4 Civil Cover Sheet) (zsth). (Entered: 08/27/2018)
2018-08-27	2	ENTERED IN ERROR.....CIVIL COVER SHEET by TODD SHEPHERD re 1 Complaint, filed by TODD SHEPHERD. Related document: 1 Complaint, filed by TODD SHEPHERD.(Peterson, James) (Entered: 08/27/2018)
2018-08-27		Case Assigned to Judge Timothy J. Kelly. (zsth) (Entered: 08/28/2018)
2018-08-28	3	SUMMONS (3) Issued Electronically as to CONSUMER FINANCIAL PROTECTION BUREAU, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zsth) (Entered: 08/28/2018)
2018-08-28		NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 2 Cover Sheet was entered in error and will not be refiled (now attached to 1 Complaint). (znmw) (Entered: 09/07/2018)
2018-09-05	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/4/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 10/4/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/4/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CONSUMER FINANCIAL PROTECTION BUREAU served on 9/4/2018 (Attachments: # 1 Declaration of Cristina Rotaru)(Peterson, James) (Entered: 09/05/2018)
2018-09-13	5	NOTICE of Appearance by April Denise Seabrook on behalf of All Defendants (Seabrook, April) (Entered: 09/13/2018)
2018-10-04	6	ANSWER to Complaint and Affirmative Defenses by CONSUMER FINANCIAL PROTECTION BUREAU.(Seabrook, April) (Entered: 10/04/2018)
2018-10-04		MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by October 18, 2018. Signed by Judge Timothy J. Kelly on 10/4/2018. (lctjk1) (Entered: 10/04/2018)
2018-10-16	7	PROPOSED BRIEFING SCHEDULE by TODD SHEPHERD. (Peterson, James) (Entered: 10/16/2018)
2018-10-17		MINUTE ORDER: In light of the parties' 7 Proposed Briefing Schedule, it is hereby ORDERED that the following schedule will govern further proceedings: (1) Defendant shall file its motion for summary judgment by November 19, 2018; (2) Plaintiff shall file his opposition to Defendant's motion and cross-motion by December 19, 2018; (3) Defendant shall file its opposition to Plaintiff's cross-motion and reply in support of its motion by January 22, 2019; and (4) Plaintiff shall file his reply in support of his cross-motion by January 30, 2019. Signed by Judge Timothy J. Kelly on 10/17/2018. (lctjk1) (Entered: 10/17/2018)
2018-11-19	8	Consent MOTION to Amend/Correct Order,,, Set Deadlines,, Briefing Schedule by CONSUMER FINANCIAL PROTECTION BUREAU (Seabrook, April) (Entered: 11/19/2018)
2018-12-03	9	Consent MOTION to Amend/Correct Order,,, Set Deadlines,, 8 Consent MOTION to Amend/Correct Order,,, Set Deadlines,, Briefing Schedule by CONSUMER FINANCIAL PROTECTION BUREAU (Seabrook, April) (Entered: 12/03/2018)
2018-12-04		MINUTE ORDER: In light of the Defendant's 8 9 Consent Motions to Amend Briefing Schedule, it is hereby ORDERED that the schedule governing this matter is hereby modified, as follows: (1) Defendant shall file its motion for summary judgment by December 12, 2018; (2) Plaintiff shall file his opposition to Defendant's motion and cross-motion by January 26, 2019; (3) Defendant shall file its opposition to Plaintiff's cross-motion and reply in support of its motion by February 26, 2019; and (4) Plaintiff shall file his reply in support of his cross-motion by March 11, 2019. Signed by Judge Timothy J. Kelly on 12/4/2018. (lctjk1) (Entered: 12/04/2018)
2018-12-12	10	MOTION for Summary Judgment by CONSUMER FINANCIAL PROTECTION BUREAU (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of R. Lazier, # 4 Exhibit to Lazier Declaration, # 5 Text of Proposed Order)(Seabrook, April) (Entered: 12/12/2018)
2019-01-25	11	MOTION for Extension of Time to File and to Reset Briefing Schedule by TODD SHEPHERD (Attachments: # 1 Text of Proposed Order)(Peterson, James) (Entered: 01/25/2019)
2019-01-25		MINUTE ORDER treating as opposed and granting in part Plaintiff's 11 Motion for an Extension of Time. It is hereby ORDERED that the schedule governing this matter is hereby modified, as follows: (1) Plaintiff shall file his opposition to Defendant's motion and cross-motion by February 26, 2019; (2) Defendant shall file its opposition to Plaintiff's cross-motion and reply in support of its motion by March 26, 2019; and (3) Plaintiff shall file his reply in support of his cross-motion by April 8, 2019. Signed by Judge Timothy J. Kelly on 1/25/2019. (lctjk1) (Entered: 01/25/2019)
2019-02-04	12	NOTICE of Appearance by Benton Gregory Peterson on behalf of CONSUMER FINANCIAL PROTECTION BUREAU (Peterson, Benton) (Entered: 02/04/2019)
2019-02-22	13	Consent MOTION for Extension of Time to File, MOTION to Modify Briefing Schedule by TODD SHEPHERD (Attachments: # 1 Text of Proposed Order)(Peterson, James). Added MOTION to Modify on 2/27/2019 (jf). (Entered: 02/22/2019)
2019-02-22	14	NOTICE OF SUBSTITUTION OF COUNSEL by Derek S. Hammond on behalf of All Defendants Substituting for attorney Benton G. Peterson (Hammond, Derek) (Entered: 02/22/2019)
2019-02-25		MINUTE ORDER: In light of Plaintiff's 13 Consent Motion for Extension of Time, it is hereby ORDERED that the schedule governing this matter is hereby modified, as follows: (1) Plaintiff shall file his opposition to Defendant's 10 Motion for Summary Judgment and cross-motion by March 12, 2019; Defendant shall file its opposition to Plaintiff's cross-motion and reply in support of its motion by April 9, 2019; and Plaintiff shall file his reply in support of his cross-motion by April 22, 2019. Signed by Judge Timothy J. Kelly on 2/25/2019. (lctjk1) (Entered: 02/25/2019)
2019-02-26		Set/Reset Deadlines: Plaintiff's Cross Motions due by 3/12/2019. Response to Cross Motions due by 4/19/2009. Reply to Cross Motions due by 4/22/2019. Plaintiff's Response to Motion for Summary Judgment due by 3/12/2019. Reply to Motion for Summary Judgment due by 4/9/2019. (hs) (Entered: 02/26/2019)
2019-03-12	15	Memorandum in opposition to re 10 MOTION for Summary Judgment filed by TODD SHEPHERD. (Attachments: # 1 Text of Proposed Order)(Peterson, James) (Entered: 03/12/2019)
2019-03-12	16	Cross MOTION for Summary Judgment by TODD SHEPHERD (Attachments: # 1 Text of Proposed Order)(Peterson, James) (Entered: 03/12/2019)
2019-04-08	17	Consent MOTION to Amend/Correct 7 Proposed Briefing Schedule by CONSUMER FINANCIAL PROTECTION BUREAU (Seabrook, April) (Entered: 04/08/2019)
2019-04-08		MINUTE ORDER granting Defendant's 17 Motion to Amend the Briefing Schedule. It is hereby ORDERED that the schedule governing this matter is hereby modified, as follows: Defendant shall file its Reply in Support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion by April 23, 2019 and Plaintiff shall file his Reply in support of his Cross-Motion for Summary Judgment by May 7, 2019. It is further ORDERED that Plaintiff's 13 Motion to Modify the Briefing Schedule is hereby DENIED as MOOT. Signed by Judge Timothy J. Kelly on 4/8/2019. (lctjk1) (Entered: 04/08/2019)
2019-04-23	18	REPLY to opposition to motion re 10 MOTION for Summary Judgment filed by CONSUMER FINANCIAL PROTECTION BUREAU. (Seabrook, April) (Entered: 04/23/2019)
2019-04-23	19	Memorandum in opposition to re 16 Cross MOTION for Summary Judgment filed by CONSUMER FINANCIAL PROTECTION BUREAU. (Attachments: # 1 Statement of Facts (Responsive))(Seabrook, April) (Entered: 04/23/2019)
2019-05-07	20	REPLY to opposition to motion re 16 Cross MOTION for Summary Judgment filed by TODD SHEPHERD. (Peterson, James) (Entered: 05/07/2019)
2019-09-17	21	ORDER denying without prejudice Defendant's 10 Motion for Summary Judgment and Plaintiff's 16 Cross-Motion for Summary Judgment. Joint proposed briefing schedule due by October 16, 2019. Signed by Judge Timothy J. Kelly on 9/17/2019. (lctjk3) (Entered: 09/17/2019)
2019-10-16	22	PROPOSED BRIEFING SCHEDULE for Renewed Summary Judgment Motions by TODD SHEPHERD. (Peterson, James) (Entered: 10/16/2019)
2019-10-16		MINUTE ORDER: In light of the parties' 22 Proposed Briefing Schedule for Renewed Motions for Summary Judgment, it is hereby ORDERED that the following schedule will govern further proceedings: (1) Defendant shall file its motion for summary judgment by November 20, 2019; (2) Plaintiff shall file his opposition to Defendant's motion and cross-motion by December 20, 2019; (3) Defendant shall file its opposition to Plaintiff's cross-motion and reply in support of its motion by January 20, 2020; and (4) Plaintiff shall file his reply in support of his cross-motion by February 13, 2020. Signed by Judge Timothy J. Kelly on 10/16/2019. (lctjk1) (Entered: 10/16/2019)
2019-11-15	23	Consent MOTION to Amend/Correct Order,,, Set Deadlines,, by CONSUMER FINANCIAL PROTECTION BUREAU (Seabrook, April) (Entered: 11/15/2019)
2019-11-15		MINUTE ORDER granting Defendant's 23 Consent Motion to Amend Briefing Schedule. It is hereby ORDERED that the following schedule will govern further proceedings: (1) Defendant shall file its motion for summary judgment by December 20, 2019; (2) Plaintiff shall file his opposition to Defendant's motion and cross-motion by January 21, 2020; (3) Defendant shall file its opposition to Plaintiff's cross-motion and reply in support of its motion by February 19, 2020; and (4) Plaintiff shall file his reply in support of his cross-motion by March 11, 2020. Signed by Judge Timothy J. Kelly on 11/15/2019. (lctjk1) (Entered: 11/15/2019)
2019-12-19	24	STIPULATION of Dismissal by TODD SHEPHERD. (Peterson, James) (Entered: 12/19/2019)
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