Case Detail

FOIA Project Annotation: Judge Royce Lamberth has ruled that the FCC properly withheld an attachment prepared by Windstream Communications because it contained proprietary information for purposes of Exemption 4 (confidential business information). Russell Lukas requested records that had been submitted to the Universal Service Administrative Company by Windstream Communications. USAC had denied universal service functions to three healthcare providers in rural Texas that had selected Windstream as their telecommunications service provider and Lukas asked for Windstream's written appeal of that denial. The FCC's Wireline Competition Bureau provided located a 52-page responsive document and disclosed 45 pages. After Lukas filed an administrative appeal, the agency provided more documents. Ultimately, the only unresolved issue was redactions made by Windstream in Exhibit E of Windstream's appeal. Lukas filed suit to force the agency to disclose those redactions. Lukas argued that the FCC had claimed Exemption 4 even before Windstream had asserted its commercial sensitivity. Lamberth found there was nothing wrong with the agency's process here. He pointed out that "although Windstream's assertion of commercial sensitivity is helpful to the FCC's decision to redact Exhibit E, it was not necessary in order for the Court to uphold the redactions, as FOIA allows the agency to make its own determinations regarding what information should be withheld or redacted under any of FOIA's nine exemptions. Furthermore, just because the agency initially based the redactions in Exhibit E on other exemptions does not make its ultimate decision regarding Exemption 4 improper, nor does it demonstrate bad faith. Agencies are (and should be) permitted to change their minds as they process FOIA requests â€" if the FCC had not been permitted to alter its decisions throughout this process, Mr. Lukas would not have received the documents that were initially withheld pursuant to the agency's original decision in September of 2017."
Issues: Exemption 4 - Confidential business information

Date Filed	Doc #	Docket Text
2019-02-25	1	COMPLAINT against FEDERAL COMMUNICATIONS COMMISSION ( Filing fee $ 400 receipt number 0090-5964938) filed by Russell D. Lukas. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Lukas, Russell) (Attachment 1 replaced on 2/26/2019) (zef, ). (Entered: 02/25/2019)
2019-02-26		Case Assigned to Judge Royce C. Lamberth. (zef, ) (Entered: 02/26/2019)
2019-02-26	2	SUMMONS (3) Issued Electronically as to FEDERAL COMMUNICATIONS COMMISSION, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 02/26/2019)
2019-04-01	3	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by FEDERAL COMMUNICATIONS COMMISSION (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 04/01/2019)
2019-04-09	4	ORDER granting 3 Motion for Extension of Time to Answer. FEDERAL COMMUNICATIONS COMMISSION answer due 5/6/2019. Signed by Judge Royce C. Lamberth on 04/09/2019. (lcrcl3) (Entered: 04/09/2019)
2019-05-06	5	MOTION to Dismiss And , MOTION for Summary Judgment by FEDERAL COMMUNICATIONS COMMISSION (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B, # 3 Exhibit Attachment C, # 4 Exhibit Attachment D, # 5 Exhibit Attachment E, # 6 Exhibit Attachment F, # 7 Exhibit Attachment G, # 8 Exhibit Attachment H, # 9 Exhibit Attachment I, # 10 Declaration Jeffrey Steinberg, # 11 Text of Proposed Order)(Nebeker, William) (Entered: 05/06/2019)
2019-05-08	6	Unopposed MOTION for Extension of Time to File Response/Reply to Motion to Dismiss and for Summary Judgment by RUSSELL D. LUKAS (Lukas, Russell) (Entered: 05/08/2019)
2019-05-15	7	MOTION to Amend/Correct Complaint by RUSSELL D. LUKAS (Attachments: # 1 Proposed Order Granting Leave to Amend Complaint, # 2 Amended Complaint for Injunctive and Declaratory Relief)(Lukas, Russell) (Entered: 05/15/2019)
2019-05-16	8	ORDER granting 6 Motion for Extension of Time to File Response/Reply re 5 MOTION to Dismiss And MOTION for Summary Judgment. Responses due by 6/10/2019; Replies due by 7/10/2019. Signed by Judge Royce C. Lamberth on 05/16/2019. (lcrcl3) (Entered: 05/16/2019)
2019-05-29	9	RESPONSE re 7 MOTION to Amend/Correct Complaint filed by FEDERAL COMMUNICATIONS COMMISSION. (Nebeker, William) (Entered: 05/29/2019)
2019-06-05	10	ORDER granting 7 Motion to Amend/Correct. Further ORDERED that leave is GRANTED to Plaintiff to file his Amended Complaint. Signed by Judge Royce C. Lamberth on 06/04/2019. (lcrcl3) Modified on 6/6/2019 (lsj). (Entered: 06/05/2019)
2019-06-05	12	AMENDED COMPLAINT against FEDERAL COMMUNICATIONS COMMISSION filed by RUSSELL D. LUKAS.(ztd) (Entered: 06/12/2019)
2019-06-10	11	Memorandum in opposition to re 5 MOTION to Dismiss And MOTION for Summary Judgment filed by RUSSELL D. LUKAS. (Attachments: # 1 Proposed Order, # 2 Olaintiff's Declaration as to Material Facts, # 3 Attachments A-j)(Lukas, Russell) (Entered: 06/11/2019)
2019-06-19	13	MOTION to Dismiss , MOTION for Summary Judgment by FEDERAL COMMUNICATIONS COMMISSION (Attachments: # 1 Declaration Steinberg, # 2 Text of Proposed Order)(Nebeker, William) (Entered: 06/19/2019)
2019-07-03	14	MOTION for Extension of Time to File Response/Reply to Motion to Dismiss and for Summary Judgment by RUSSELL D. LUKAS (Lukas, Russell) (Entered: 07/03/2019)
2019-07-03	15	NOTICE OF SUPPLEMENTAL AUTHORITY by FEDERAL COMMUNICATIONS COMMISSION (Nebeker, William) (Entered: 07/03/2019)
2019-07-08	16	ORDER granting 14 Motion for Extension of Time. Responses due by 7/15/2019; Replies due by 8/21/2019. Signed by Judge Royce C. Lamberth on 07/05/2019. (lcrcl3) (Entered: 07/08/2019)
2019-07-16	17	Memorandum in opposition to re 13 MOTION to Dismiss MOTION for Summary Judgment filed by RUSSELL D. LUKAS. (Attachments: # 1 Plaintiff's Declaration as to Material Facts, # 2 Proposed Order)(Lukas, Russell) (Entered: 07/16/2019)
2019-08-21	18	REPLY to opposition to motion re 13 MOTION to Dismiss MOTION for Summary Judgment filed by FEDERAL COMMUNICATIONS COMMISSION. (Nebeker, William) (Entered: 08/21/2019)
2019-11-07	19	MOTION for Partial Summary Judgment by RUSSELL D. LUKAS (Attachments: # 1 Memorandum of Points and Authorities in Support of Plaintiff's Cross-Motion for Partial Summary Judgment, # 2 Statement of Material Facts as to Which There Is No Genuine Dispute, # 3 Declaration in Support of Plaintiff's Motion for Partial Summary Judgment, # 4 Attachments 1-9 to Declaration in Support of Plaintiff's Cross-Motion for Partial Summary Judgment, # 5 Proposed Order)(Lukas, Russell) (Entered: 11/07/2019)
2020-02-13	20	MOTION to Stay re 19 MOTION for Partial Summary Judgment Or, In The Alternative , MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Partial Summary Judgment by FEDERAL COMMUNICATIONS COMMISSION (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 02/13/2020)
2020-02-25	21	Memorandum in opposition to re 20 MOTION to Stay re 19 MOTION for Partial Summary Judgment Or, In The Alternative MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Partial Summary Judgment filed by RUSSELL D. LUKAS. (Attachments: # 1 Proposed Order)(Lukas, Russell) (Entered: 02/25/2020)
2020-03-03	22	REPLY to opposition to motion re 20 MOTION to Stay re 19 MOTION for Partial Summary Judgment Or, In The Alternative MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Partial Summary Judgment filed by FEDERAL COMMUNICATIONS COMMISSION. (Nebeker, William) (Entered: 03/03/2020)
2020-03-05	23	MEMORANDUM OPINION. Signed by Judge Royce C. Lamberth on 03/05/2020. (lcrcl3) (Entered: 03/05/2020)
2020-03-05	24	ORDER granting 5 and 13 Defendant's Motions to Dismiss Counts I and II and for Summary Judgment on Count III. 19 Plaintiff's Cross-Motion for Partial Summary Judgment is denied. Judgment is entered for defendant. Signed by Judge Royce C. Lamberth on 03/05/2020. (lcrcl3) (Entered: 03/05/2020)
2020-03-05	25	ORDER denying as moot 20 Motion to Stay Or In the Alternative for Extension of Time to File. Signed by Judge Royce C. Lamberth on 03/05/2020. (lcrcl3) (Entered: 03/05/2020)
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