Case Detail

FOIA Project Annotation: A federal magistrate judge in Minnesota has found that she does not have jurisdiction to rule on whether the Postal Service properly invoked a Glomar response neither confirming nor denying the existence of records based on 9 U.S.C. § 410(c)(2) which allows the Postal Service to withhold commercial information that would customarily not be disclosed, indicating that such a decision needed to be made by the district court judge. Sending the issue to the district court judge for determination, the magistrate judge noted that "the key inquiry, therefore, is 'whether the magistrate judge' determination is dipositive, that is, whether it disposes of a party's claim or defense because "it is only those rulings which finally resolve a party's claim or defense" which are considered 'dispositive' within the meaning of § 6369b).' Here, a decision on Glomar would 'resolve the substantive claims for relief alleged in the pleadings.'"
Issues: Determination - Glomar response

FOIA Project Annotation: A federal court in Minnesota has ruled that 39 U.S.C. § 410(c)(2), which allows the Postal Service to withhold information when under good business practice the information would not be disclosed, does not categorically apply to Negotiated Service Agreements with private parties providing the agency with lower rates or more favorable terms. The law firm of Dorsey & Whitney requested records about the NSAs and the agency issued a Glomar response neither confirming nor denying the existence or records, citing Exemption 3 (other statutes). The law firm provided evidence that NSAs were publicly disclosed. The agency argued that while the existence of NSAs might be public, the specific pricing was not. But the court pointed out "this argument is unavailing. The issue before the Court is whether the existence of NSAs is disclosed under good business practices, not whether the underlying contents of NSAs are disclosed under good business practices. The record supports Dorsey's contention that the existence of NSAs and other beneficial partnerships is publicly disclosed under good business practice."
Issues: Exemption 3 - Limited agency discretion, Determination - Glomar response

Date Filed	Doc #	Docket Text
2018-08-27	1	COMPLAINT against United States Postal Service (filing fee $ 400, receipt number AMNDC-6333215) filed by Dorsey & Whitney LLP. Filer requests summons issued. (Attachments: # 1 Exhibit(s) A-D, # 2 Civil Cover Sheet) (Hontos, Alex) (Entered: 08/27/2018)
2018-08-27	2	RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Plaintiff Dorsey & Whitney LLP. (Hontos, Alex) (Entered: 08/27/2018)
2018-08-27	3	TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Wilhelmina M. Wright per Civil (3rd, 4th - Master) list, referred to Magistrate Judge Becky R. Thorson. Please use case number 18-cv-2493 (WMW/BRT). (lmb) (Entered: 08/27/2018)
2018-08-27	4	Summons Issued as to United States Postal Service. (lmb) (Entered: 08/27/2018)
2018-08-28		(Text-Only) NOTICE - Judge Wilhelmina M. Wright's Practice Pointers are available on the United States District Court for the District of Minnesota's website . All parties are expected to be familiar with and adhere to these Practice Pointers, including Judge Wright's deviations from the Local Rules with respect to motion scheduling and briefing deadlines. (TJB) (Entered: 08/28/2018)
2018-08-28	5	NOTICE of Appearance by Andrew Tweeten on behalf of United States Postal Service. (Tweeten, Andrew) (Entered: 08/28/2018)
2018-08-29	6	SUMMONS Returned Executed by Dorsey & Whitney LLP. United States Postal Service served on 8/27/2018, answer due 9/17/2018. (Hontos, Alex) (Entered: 08/29/2018)
2018-08-29	7	ORDER/NOTICE of Setting: Pretrial Conference set for 10/22/2018 at 03:00 PM in Courtroom 6A (STP) before Magistrate Judge Becky R. Thorson. Signed by Magistrate Judge Becky R. Thorson on 8/29/2018. (Attachments: # 1 Consent Form) (MSK) (Entered: 08/29/2018)
2018-09-26	8	ANSWER to Complaint filed by United States Postal Service. (Tweeten, Andrew) (Entered: 09/26/2018)
2018-10-12	9	(Text-only) NOTICE of Resetting of Hearing, TIME CHANGE ONLY: The Pretrial Conference set for 10/22/2018 will begin at 10:30 AM in Courtroom 6A (STP) before Magistrate Judge Becky R. Thorson. (MSK) (Entered: 10/12/2018)
2018-10-17	10	REPORT of Rule 26(f) Planning Meeting. Filed by United States Postal Service. Jointly Signed by Dorsey & Whitney LLP.(Tweeten, Andrew) (Entered: 10/17/2018)
2018-10-22	11	Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Initial Pretrial Conference held on 10/22/2018. (MSK) (Entered: 10/22/2018)
2018-10-26	12	ORDER/NOTICE of Setting: PRETRIAL SCHEDULING ORDER. Amended Pleadings due by 10/31/2018. Joinder of Parties due by 10/31/2018. Motions (disp) due by 3/1/2019. Ready for trial due by 7/1/2019. Signed by Magistrate Judge Becky R. Thorson on 10/26/2018. (MSK) (Entered: 10/26/2018)
2018-10-26	13	ORDER/NOTICE of Setting: ORDER FOR SETTLEMENT CONFERENCE. Confidential Letter to Court due by 5/7/2019. Parties are directed to Meet and Confer by 5/1/2019. Settlement Conference set for 5/9/2019 at 09:30 AM in Courtroom 6A (STP) before Magistrate Judge Becky R. Thorson. Signed by Magistrate Judge Becky R. Thorson on 10/26/2018. (MSK) (Entered: 10/26/2018)
2018-11-09	14	MOTION to Compel Defendant to Produce a Vaughn Index Or, Alternatively, In Camera Review filed by Dorsey & Whitney LLP. (Hull, Caitlin) (Entered: 11/09/2018)
2018-11-09	15	NOTICE OF HEARING ON MOTION 14 MOTION to Compel Defendant to Produce a Vaughn Index Or, Alternatively, In Camera Review : Motion Hearing set for 12/18/2018 at 02:30 PM in Courtroom 6A (STP) before Magistrate Judge Becky R. Thorson. (Hull, Caitlin) (Entered: 11/09/2018)
2018-12-04	16	MEMORANDUM in Support re 14 MOTION to Compel Defendant to Produce a Vaughn Index Or, Alternatively, In Camera Review filed by Dorsey & Whitney LLP. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hull, Caitlin) (Entered: 12/04/2018)
2018-12-04	17	MEET and CONFER STATEMENT re 14 Motion to Compel filed by Dorsey & Whitney LLP.(Hull, Caitlin) (Entered: 12/04/2018)
2018-12-04	18	PROPOSED ORDER TO JUDGE re 14 MOTION to Compel Defendant to Produce a Vaughn Index Or, Alternatively, In Camera Review filed by Dorsey & Whitney LLP.(Hull, Caitlin) (Entered: 12/04/2018)
2018-12-11	19	RESPONSE in Opposition re 14 MOTION to Compel Defendant to Produce a Vaughn Index Or, Alternatively, In Camera Review filed by United States Postal Service. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Tweeten, Andrew) (Entered: 12/11/2018)
2018-12-18	20	Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Motion Hearing held on 12/18/2018 re 14 MOTION to Compel Defendant to Produce a Vaughn Index Or, Alternatively, In Camera Review filed by Dorsey & Whitney LLP. (TMM) Modified text on 12/19/2018 (MMP). (Entered: 12/19/2018)
2018-12-21	21	ORDER denying 14 Motion to Compel(Written Opinion) Signed by Magistrate Judge Becky R. Thorson on 12/21/2018. (TMM) (Entered: 12/21/2018)
2018-12-26	22	ORDER OF REFERENCE: Pursuant to Title 28, United States Code, Section 636(b)(1), Defendant United States Postal Service's anticipated Glomar motion is referred to Magistrate Judge Becky R. Thorson. Signed by Judge Wilhelmina M. Wright on 12/24/2018. (RE) (Entered: 12/26/2018)
2018-12-31	23	REQUEST for Stay by United States Postal Service. (Tweeten, Andrew) (Entered: 12/31/2018)
2018-12-31	24	PROPOSED ORDER TO JUDGE re 23 Request. (Tweeten, Andrew) (Entered: 12/31/2018)
2019-01-02	25	ORDER in Response to 23 Request. Defendant's Request for Stay is GRANTED. The deadlines in this case are hereby stayed, and the Status Conference scheduled for January 3, 2019 at 11:30 a.m. is hereby canceled and will be rescheduled after appropriations are restored. Signed by Magistrate Judge Becky R. Thorson on 1/2/2019. (DMM) (Entered: 01/02/2019)
2019-01-28	26	REQUEST TO LIFT STAY by United States Postal Service. (Tweeten, Andrew) (Entered: 01/28/2019)
2019-01-28	27	PROPOSED ORDER TO JUDGE re REQUEST TO LIFT STAY 26 Request. (Tweeten, Andrew) (Entered: 01/28/2019)
2019-01-28	28	ORDER GRANTING DEFENDANT'S REQUEST TO LIFT STAY. Signed by Magistrate Judge Becky R. Thorson on 1/28/2019. (MSK) (Entered: 01/28/2019)
2019-02-13	29	ORDER/NOTICE TO ATTORNEY. ORDER ON BRIEFING SCHEDULING AND NOTICE OF HEARING. Signed by Magistrate Judge Becky R. Thorson on 2/13/2019. (MSK) (Entered: 02/13/2019)
2019-02-28	30	MOTION for Summary Judgment filed by United States Postal Service. (Tweeten, Andrew) (Entered: 02/28/2019)
2019-02-28	31	NOTICE OF HEARING ON MOTION 30 MOTION for Summary Judgment : Motion Hearing set for 4/3/2019 at 02:00 PM in Courtroom 6A (STP) before Magistrate Judge Becky R. Thorson. (Tweeten, Andrew) (Entered: 02/28/2019)
2019-02-28	32	MEMORANDUM in Support re 30 MOTION for Summary Judgment filed by United States Postal Service. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Tweeten, Andrew) (Entered: 02/28/2019)
2019-02-28	33	Declaration of Dennis Nicoski in Support of 30 MOTION for Summary Judgment filed by United States Postal Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Tweeten, Andrew) (Entered: 02/28/2019)
2019-02-28	34	PROPOSED ORDER TO JUDGE re Defendant's Motion for Summary Judgment 30 Motion for Summary Judgment. (Tweeten, Andrew) (Entered: 02/28/2019)
2019-03-11	35	MOTION for Summary Judgment filed by Dorsey & Whitney LLP. (Hull, Caitlin) (Entered: 03/11/2019)
2019-03-11	36	NOTICE OF HEARING ON MOTION 35 MOTION for Summary Judgment : Motion Hearing set for 4/3/2019 at 02:00 PM in Courtroom 6A (STP) before Magistrate Judge Becky R. Thorson. (Hull, Caitlin) (Entered: 03/11/2019)
2019-03-11	37	MEMORANDUM re 35 MOTION for Summary Judgment , 30 MOTION for Summary Judgment Plaintiff's Memorandum in Support of its Motion for Summary Judgment 35 and Plaintiff's Opposition to Defendant's Motion for Summary Judgment 30 filed by Dorsey & Whitney LLP. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hull, Caitlin) (Entered: 03/11/2019)
2019-03-11	38	Declaration of Alex P. Hontos in Support of 35 MOTION for Summary Judgment filed by Dorsey & Whitney LLP. (Attachments: # 1 Exhibit(s) 1-46)(Hull, Caitlin) (Entered: 03/11/2019)
2019-03-11	39	PROPOSED ORDER TO JUDGE re 35 MOTION for Summary Judgment filed by Dorsey & Whitney LLP.(Hull, Caitlin) (Entered: 03/11/2019)
2019-03-21	40	MEMORANDUM re 35 MOTION for Summary Judgment , 30 MOTION for Summary Judgment Defendant's Response and Reply filed by United States Postal Service. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Tweeten, Andrew) (Entered: 03/21/2019)
2019-03-21	41	Second Declaration of Dennis Nicoski in Support of 30 MOTION for Summary Judgment filed by United States Postal Service.(Tweeten, Andrew) (Entered: 03/21/2019)
2019-03-21	42	Declaration of Andrew Tweeten in Support of 30 MOTION for Summary Judgment filed by United States Postal Service. (Attachments: # 1 Exhibit(s) E, # 2 Exhibit(s) F)(Tweeten, Andrew) (Entered: 03/21/2019)
2019-03-29	43	REPLY re 35 MOTION for Summary Judgment filed by Dorsey & Whitney LLP. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hontos, Alex) (Entered: 03/29/2019)
2019-03-29	44	Declaration of Alex P. Hontos in Support of 35 MOTION for Summary Judgment filed by Dorsey & Whitney LLP. (Attachments: # 1 Exhibit(s) 47)(Hontos, Alex) (Entered: 03/29/2019)
2019-04-03	45	Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Motion Hearing held on 4/3/2019 re 35 MOTION for Summary Judgment filed by Dorsey & Whitney LLP, 30 MOTION for Summary Judgment filed by United States Postal Service. (Court Reporter Lynne Krenz) (TMM) (Entered: 04/03/2019)
2019-04-12	46	(Text-only) NOTICE of Cancelation of Hearing: The Settlement Conference set for 5/9/2019 before Magistrate Judge Becky R. Thorson is canceled. (MSK) (Entered: 04/12/2019)
2019-05-09	47	REPORT AND RECOMMENDATION re 35 MOTION for Summary Judgment filed by Dorsey & Whitney LLP, 30 MOTION for Summary Judgment filed by United States Postal Service. Signed by Magistrate Judge Becky R. Thorson on 5/9/2019. (TMM) (Entered: 05/09/2019)
2019-05-23	48	OBJECTION to 47 Report and Recommendations as to Defendant. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Tweeten, Andrew) Modified text on 5/24/2019 (kt). (Entered: 05/23/2019)
2019-05-24	49	TRANSCRIPT REQUEST for an Expedited 14-Day Transcript of 45 Motion Hearing, to Court Reporter Lynne Krenz. (Tweeten, Andrew) (Entered: 05/24/2019)
2019-05-29	50	NOTICE of Filing of Official Transcript. This filing has 1 transcript(s) associated with it. (LMK) (Entered: 05/29/2019)
2019-05-29	51	TRANSCRIPT of Motions Hearing held on 4.3.2019 before Magistrate Judge Becky R. Thorson. (56 pages). Court Reporter: Lynne Krenz. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents . For information on redaction procedures, please review Local Rule 5.5 . Redaction Request due 6/19/2019. Redacted Transcript Deadline set for 7/1/2019. Release of Transcript Restriction set for 8/27/2019. (LMK) (Entered: 05/29/2019)
2019-06-06	52	RESPONSE re: 48 Objection to Report and Recommendation . (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hull, Caitlin) Modified text on 6/6/2019 (MMG). (Entered: 06/06/2019)
2019-07-02	53	LETTER TO DISTRICT JUDGE by United States Postal Service . (Tweeten, Andrew) (Entered: 07/02/2019)
2019-07-03	54	LETTER TO DISTRICT JUDGE re: 53 by Dorsey & Whitney LLP . (Hull, Caitlin) Modified text on 7/3/2019 (KNK). (Entered: 07/03/2019)
2019-09-03	55	VACATED Per Order 66 filed 10/11/2019. ORDER. IT IS HEREBY ORDERED: The May 9, 2019 R&R 47 is ADOPTED. (See order for details) (Written Opinion). Signed by Judge Wilhelmina M. Wright on 9/3/2019. (RJE) Modified text/link on 10/15/2019 (lmb). (Entered: 09/03/2019)
2019-09-04	56	VACATED Per Order 66 filed 10/11/2019. JUDGMENT (Attachments: # 1 Civil Notice - appeal)(KNK) Modified text/link on 10/15/2019 (lmb). (Entered: 09/04/2019)
2019-09-17	57	MOTION to Alter/Amend/Correct Judgment Entered in Error filed by Dorsey & Whitney LLP. (Hontos, Alex) (Entered: 09/17/2019)
2019-09-17	58	NOTICE OF HEARING ON MOTION 57 MOTION to Alter/Amend/Correct Judgment Entered in Error : Date and time to be determined. (Hontos, Alex) (Entered: 09/17/2019)
2019-09-17	59	MEMORANDUM in Support re 57 MOTION to Alter/Amend/Correct Judgment Entered in Error filed by Dorsey & Whitney LLP. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hontos, Alex) (Entered: 09/17/2019)
2019-09-17	60	MEET and CONFER STATEMENT re 57 Motion to Alter/Amend/Correct Judgment filed by Dorsey & Whitney LLP.(Hontos, Alex) (Entered: 09/17/2019)
2019-09-17	61	PROPOSED ORDER TO JUDGE re 57 MOTION to Alter/Amend/Correct Judgment Entered in Error filed by Dorsey & Whitney LLP.(Hontos, Alex) (Entered: 09/17/2019)
2019-09-20	62	REQUEST re 57 MOTION to Alter/Amend/Correct Judgment Entered in Error for Extension of Time to Respond by United States Postal Service. (Tweeten, Andrew) (Entered: 09/20/2019)
2019-09-20	63	PROPOSED ORDER TO JUDGE re 62 Request. (Tweeten, Andrew) (Entered: 09/20/2019)
2019-09-23	64	TEXT-ONLY ORDER: The Defendant United States Postal Service's request 62 for an extension of time to respond to the plaintiff's motion to correct judgment entered in error is GRANTED. The defendant shall file a response to the plaintiff's motion to correct judgment in error no later than October 1, 2019. Ordered by Judge Wilhelmina M. Wright on 9/23/2019. (RJE) (Entered: 09/23/2019)
2019-10-01	65	RESPONSE re 57 MOTION to Alter/Amend/Correct Judgment Entered in Error filed by United States Postal Service. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Tweeten, Andrew) (Entered: 10/01/2019)
2019-10-11	66	ORDER. IT IS HEREBY ORDERED: Plaintiff Dorsey & Whitney LLP's unopposed motion to correct the Order and Judgment 57 is GRANTED. The September 3, 2019 Order 55 is VACATED and the September 3, 2019 Judgment 56 is VACATED. An amended order will follow. Signed by Judge Wilhelmina M. Wright on 10/11/2019. (RJE) (Entered: 10/11/2019)
2019-10-11	67	AMENDED ORDER ADOPTING REPORT AND RECOMMENDATION. (Written Opinion). Signed by Judge Wilhelmina M. Wright on 10/11/2019. (RJE) (Entered: 10/11/2019)
2019-10-25	68	Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Telephone Status Conference held on 10/25/2019. (MSK) (Entered: 10/30/2019)
2019-10-31	69	ORDER/NOTICE: AMENDED PRETRIAL SCHEDULING ORDER. Signed by Magistrate Judge Becky R. Thorson on 10/31/2019. (MSK) (Entered: 10/31/2019)
2020-02-27	70	STIPULATION by United States Postal Service. Jointly Signed by Dorsey & Whitney. (Tweeten, Andrew) (Entered: 02/27/2020)
2020-02-27	71	PROPOSED ORDER TO JUDGE re 70 Stipulation. (Tweeten, Andrew) (Entered: 02/27/2020)
2020-02-28	72	ORDER on 70 Stipulation. Signed by Magistrate Judge Becky R. Thorson on 2/28/2020. (MSK) (Entered: 02/28/2020)
2020-03-18	73	NOTICE of Settlement by United States Postal Service (Tweeten, Andrew) (Entered: 03/18/2020)
2020-03-27	74	STIPULATION of Dismissal by United States Postal Service. Jointly Signed by Dorsey & Whitney LLP. (Tweeten, Andrew) (Entered: 03/27/2020)
2020-03-27	75	PROPOSED ORDER TO JUDGE re 74 Stipulation of Dismissal. (Tweeten, Andrew) (Entered: 03/27/2020)
2020-03-27	76	ORDER FOR DISMISSAL WITH PREJUDICE. Signed by Judge Wilhelmina M. Wright on 3/27/2020. (RJE) (Entered: 03/27/2020)
2020-03-30	77	JUDGMENT (Attachments: # 1 Civil Notice - appeal)(KNK) (Entered: 03/30/2020)
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