Case Detail

FOIA Project Annotation: Judge Randolph Moss has ruled that the Federal Communications Commission properly withheld records under Exemption 4 (commercial and confidential) in response to journalist Susan Cowan's FOIA request for documents the agency received from Sinclair Broadcast Group after the company's proposed acquisition of another television broadcast company, Tribune Media Company, drew significant scrutiny from both the FCC and the public at large. The documents Sinclair sent to the FCC ultimately formed the basis of a consent decree, in which the FCC determined that Sinclair had structured its planned transactions based on a good faith interpretation of FCC rules. The FCC agreed to produce some of the documents requested but withheld others under Exemption 4. In 2017, Sinclair and Tribune announced their intention to transfer control of Tribune's television stations to Sinclair for $3.9 billion. The transaction would have made Sinclair the largest broadcaster in the nation with at least 233 television stations across the country. As part of the divestiture, Sinclair and Tribune agreed to sell its stations in Dallas, Houston, and Chicago to separate companies. Cowan and other journalists accused Sinclair of using front companies to avoid ownership limitations. The FCC ruled in favor of Sinclair and Cowan filed a FOIA request for seven specific documents about the consent decree. While the FCC withheld most of the information under Exemption 4, it inadvertently disclosed a sentence it meant to withhold. Once it realized its mistake, the agency asked Cowan's attorney to return that sentence. Cowan's attorney had not responded by the time the case went to Moss. Moss first found that the records were confidential. He indicated that "whether the FCC rules and form applications for station transfers would have required Sinclair to disclose contested information is an open question that cannot be resolved on summary judgement. Ultimately, the issue is not material. Confidentiality under FOIA Exemption 4 is a matter of how the owner of withheld information customarily treats the information, 'not how the industry as a whole treats the information.' Even if Ms. Cowan is correct that every other broadcast company would have submitted detailed information about future control of planned divestiture stations, either generally or under the circumstances surrounding the proposed Sinclair-Tribune deal, or whether copies of Sinclair's financial agreements with its commercial partners were or should have been required by the rules, at the end of the day, Sinclair did not publicly disclose any of that information. Sinclair only shared the information with the FCC under cover of confidentiality requests." Moss also found that the FCC "did nothing to indicate that it would not honor Sinclair's confidentiality requests. Rather, the agency signaled the opposite." He added that "these actions show that he FCC affirmatively alerted Sinclair to the agency's confidentiality provisions, and once invoked, treated Sinclair's materials as if they were covered by the confidentiality provisions." However, Moss concluded that neither party had met its burden of foreseeable harm and ordered the parties to provide further supplemental affidavits addressing that issue.
Issues: Exemption 4 - Competitive harm, Exemption 4 - Confidential business information

Date Filed	Doc #	Docket Text
2021-04-01	1	COMPLAINT against Susan Wilson Cowan ( Filing fee $ 402 receipt number ADCDC-8345181) filed by Susan Wilson Cowan. (Attachments: # 1 Civil Cover Sheet Cover Sheet, # 2 Summons Summons FCC, # 3 Summons Summons US Attorney)(Belendiuk, Arthur) (Entered: 04/01/2021)
2021-04-01		NOTICE OF ERROR re 1 Complaint; emailed to abelendiuk@fccworld.com, cc'd -1 associated attorneys -- The PDF file you docketed contained errors: 1. No signature. Please file the signed document using the event Errata. All filings must have an original signature or '/s/ Attorney Name' to represent an electronic signature of the filer., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (adh, ) (Entered: 04/01/2021)
2021-04-01	2	ENTERED IN ERROR.....Amended MOTION to Amend/Correct by SUSAN WILSON COWAN. (Belendiuk, Arthur) Modified on 4/1/2021 (adh, ). (Entered: 04/01/2021)
2021-04-01	3	ERRATA by SUSAN WILSON COWAN. (Belendiuk, Arthur) (Additional attachment(s) added on 4/1/2021: # 1 Civil Cover Sheet) (adh, ). (Entered: 04/01/2021)
2021-04-01		Case Assigned to Judge Emmet G. Sullivan. (adh, ) (Entered: 04/01/2021)
2021-04-01	4	SUMMONS (2) Issued Electronically as to FEDERAL COMMUNICATION COMMISSION and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 04/01/2021)
2021-04-02	5	STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 04/02/21. (Attachment: # 1 Exhibit 1) (mac) (Entered: 04/02/2021)
2021-04-27	6	ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/22/2021. Answer due for ALL FEDERAL DEFENDANTS by 5/22/2021. (Belendiuk, Arthur) Modified on 4/28/2021 (zjf). (Entered: 04/27/2021)
2021-04-28		NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 6 Summons Returned Executed in FOIA as to U.S. Attorney, was entered in error and counsel was instructed to refile said pleading and select the correct event. There is no proof of service as to the U.S Attorney only as to the Federal Defendant and U.S. Attorney General. (zjf) (Entered: 04/28/2021)
2021-04-28	7	REQUEST FOR SUMMONS TO ISSUE US Attorney filed by SUSAN WILSON COWAN.(Belendiuk, Arthur) (Entered: 04/28/2021)
2021-04-29	8	SUMMONS (1) Issued Electronically as to U.S. Attorney (zjf) (Entered: 04/29/2021)
2021-05-11	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/5/2021. Answer due for ALL FEDERAL DEFENDANTS by 6/4/2021. (Belendiuk, Arthur) (Entered: 05/11/2021)
2021-06-04	10	NOTICE of Appearance by Dedra Seibel Curteman on behalf of All Defendants (Curteman, Dedra) (Entered: 06/04/2021)
2021-06-04	11	ANSWER to Complaint by FEDERAL COMMUNICATION COMMISSION.(Curteman, Dedra) (Entered: 06/04/2021)
2021-06-04	12	NOTICE Notice of Consent to Assignment to a Magistrate Judge by FEDERAL COMMUNICATION COMMISSION (Curteman, Dedra) (Entered: 06/04/2021)
2021-06-08		MINUTE ORDER. In view of 12 Joint Notice of Consent to Assignment to a Magistrate Judge, this matter is hereby REFERRED to a magistrate judge for all purposes. Signed by Judge Emmet G. Sullivan on 6/8/2021. (lcegs2) (Entered: 06/08/2021)
2021-06-08		CASE RANDOMLY REFERRED to Magistrate Judge Robin M. Meriweather for all purposes. (znmg) (Entered: 06/08/2021)
2021-06-10		MINUTE ORDER: It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for disclosure or briefing motions for summary judgment, on or before 7/01/2021. SO ORDERED by Magistrate Judge Robin M. Meriweather on 6/10/2021.(lcamg) (Entered: 06/10/2021)
2021-06-22	13	PROPOSED BRIEFING SCHEDULE by SUSAN WILSON COWAN. (Belendiuk, Arthur) (Entered: 06/22/2021)
2021-07-15		MINUTE ORDER: the Court hereby adopts the proposed briefing schedule contained in 13 Proposed Briefing Schedule. The Agency shall file a Vaughn Index and a supporting declaration by June 30, 2021; Plaintiff shall file her Motion for Summary Judgment by August 30, 2021; the Agency shall file its Opposition and Cross-Motion for Summary Judgment by September 30, 2021; Plaintiff shall file her Opposition to the Agency's Cross-Motion, and any Reply in Support of her motion, by October 29, 2021; Defendant shall file any reply by November 19, 2021. SO ORDERED by Magistrate Judge Robin M. Meriweather on 7/15/2021. (lcamg) (Entered: 07/15/2021)
2021-07-15		Set/Reset Deadlines: Plaintiff's Motion for Summary Judgment due 8/30/2021; Defendant's Response in Opposition to Plaintiff's Motion for Summary Judgment and Defendant's Cross-Motion for Summary Judgment due 9/30/2021; Plaintiff's Reply in Support of Plaintiff's Motion for Summary Judgment and Plaintiff's Response in Opposition to Defendant's Cross-Motion for Summary Judgment due 10/29/2021; Defendant's Reply in Support of Defendant's Cross-Motion for Summary Judgment due 11/19/2021. (kk) (Entered: 07/15/2021)
2021-07-15		MINUTE ORDER: the Court hereby amends the briefing schedule established by the previous 7/15/2021 Minute Order. The Agency shall file a Vaughn Index and a supporting declaration by July 30, 2021. All other deadlines remain in effect. Plaintiff shall file her Motion for Summary Judgment by August 30, 2021; the Agency shall file its Opposition and Cross-Motion for Summary Judgment by September 30, 2021; Plaintiff shall file her Opposition to the Agency's Cross-Motion, and any Reply in Support of her motion, by October 29, 2021; the Agency shall file any reply by November 19, 2021. SO ORDERED by Magistrate Judge Robin M. Meriweather on 7/15/2021. (lcamg) (Entered: 07/15/2021)
2021-07-16		Set/Reset Deadlines: Vaughn Index and supporting declaration to be filed by Defendant by 7/30/2021, (kk) (Entered: 07/16/2021)
2021-07-30	14	NOTICE of filing Supporting Declaration and Vaughn Index by FEDERAL COMMUNICATION COMMISSION (Attachments: # 1 Declaration, # 2 Exhibit Vaughn Index)(Curteman, Dedra) (Entered: 07/30/2021)
2021-08-30	15	MOTION for Summary Judgment by SUSAN WILSON COWAN. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Belendiuk, Arthur) (Entered: 08/30/2021)
2021-09-20	16	MOTION for Extension of Time to file Motion for Summary Judgment by FEDERAL COMMUNICATION COMMISSION. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 09/20/2021)
2021-09-20	17	Memorandum in opposition to re 16 MOTION for Extension of Time to file Motion for Summary Judgment Extension of Time filed by SUSAN WILSON COWAN. (Attachments: # 1 Proposed Order)(Belendiuk, Arthur) (Entered: 09/20/2021)
2021-09-22	18	ERRATA re 17 Memorandum in Opposition by SUSAN WILSON COWAN. (Belendiuk, Arthur) Modified on 9/22/2021 to correct docket event/text (zjf). (Entered: 09/22/2021)
2021-09-23		MINUTE ORDER: It is hereby ORDERED that the Federal Communications Commission shall reply to Plaintiff Susan Wilson Conwan's 18 Amended Opposition to Motion to Extend Briefing Deadlines by September 27, 2021. The reply should address the Plaintiff's challenge to the accuracy of the FCC's representation that it has discovered additional documents. Signed by Magistrate Judge Robin M. Meriweather on 09/23/2021. (lcre) (Entered: 09/23/2021)
2021-09-23		Set/Reset Deadlines: Defendant's Reply to 18 Plaintiff's Amended Opposition to 16 Defendant's Motion to Extend Briefing Deadlines due by 9/27/2021. (kk) (Entered: 09/23/2021)
2021-09-27	19	REPLY to opposition to motion re 18 MOTION to Amend/Correct 17 Memorandum in Opposition filed by FEDERAL COMMUNICATION COMMISSION. (Curteman, Dedra) (Entered: 09/27/2021)
2021-09-28		MINUTE ORDER: Upon consideration of the Agency's 16 Motion for Extension of Time and related briefs, the Court finds good cause to GRANT-IN-PART the request, as the Agency's further examination of responsive records, and any disclosures that may ensue from that review, impact the scope and substance of the arguments addressed in the parties' summary judgment briefing. Instead of extending the deadline for the Agency's brief to November 15, 2021, the Court amends the briefing schedule as follows: The briefing schedule entered by the Court on July 15, 2021, is STAYED until October 29, 2021. On October 29, 2021, the parties shall submit a joint status report addressing whether additional disclosures have been made and proposing a revised briefing schedule. The revised briefing schedule should allow Plaintiff to supplement her Motion for Summary Judgment in light of any new disclosures before the Agency files its Opposition and Cross-Motion for Summary Judgment. Signed by Magistrate Judge Robin M. Meriweather on 09/28/2021. (lcre) (Entered: 09/28/2021)
2021-09-28		Set/Reset Deadlines: Parties' Joint Status Report due by 10/29/2021. (kk) (Entered: 09/28/2021)
2021-10-29	20	Joint STATUS REPORT by FEDERAL COMMUNICATION COMMISSION. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 10/29/2021)
2021-11-05	21	MOTION for Protective Order by FEDERAL COMMUNICATION COMMISSION. (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 Text of Proposed Order)(Curteman, Dedra) (Entered: 11/05/2021)
2021-11-05	22	ORDER regarding the parties' 20 Joint Status Report and 21 Defendant's Motion for Protective Order. Signed by Magistrate Judge Robin M. Meriweather on 11/05/2021. (lcre) (Entered: 11/05/2021)
2021-11-08		Set/Reset Deadlines: Parties' Revised Proposed Briefing Schedule due by 11/15/2021. (kk) (Entered: 11/08/2021)
2021-11-10	23	Vaughn Index & Supporting Declaration from Christopher Santini. (Attachments: # 1 Exhibit Vaughn Index, # 2 Declaration)(Curteman, Dedra) (Entered: 11/10/2021)
2021-11-14	24	Joint STATUS REPORT by FEDERAL COMMUNICATION COMMISSION. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 11/14/2021)
2021-11-16		MINUTE ORDER: Upon consideration of the parties' 24 Joint Status Report and the record as a whole, the Court finds good cause to modify the briefing schedule entered on July 15, 2021. Plaintiff shall file her Supplementary Memorandum in Support of her Motion for Summary Judgment and her Opposition to the Agency's Motion for Protective Order by December 10, 2021. The Agency shall file its Opposition to Plaintiff's Motion for Summary Judgment, its Cross-Motion for Summary Judgment, and its Reply in Support of its Motion for Protective Order by January 18, 2022. Plaintiff shall file her Reply in Support of her Motion for Summary Judgment and her Opposition to the Agency's Cross-Motion for Summary Judgment by February 18, 2022. The Agency shall file its Reply in Support of its Cross-Motion for Summary Judgment by March 18, 2022. Signed by Magistrate Judge Robin M. Meriweather on 11/16/2021. (lcre) (Entered: 11/16/2021)
2021-11-29		Set/Reset Deadlines: Plaintiff's Supplemental Memorandum in Support of Plaintiff's Motion for Summary Judgment and Plaintiff's Response in Opposition to Defendant's Motion for Protective Order due 12/10/2021; Defendant's Response in Opposition to Plaintiff's Motion for Summary Judgment, Defendant's Cross-Motion for Summary Judgment and Defendant's Reply in Support of Defendant's Motion for Protective Order due 1/18/2022; Plaintiff's Reply in Support of Plaintiff's Motion for Summary Judgment and Plaintiff's Response in Opposition to Defendant's Cross-Motion for Summary Judgment due 2/18/2022; Defendant's Reply in Support of Defendant's Cross-Motion for Summary Judgment due 3/18/2022. (kk) (Entered: 11/29/2021)
2021-12-10	25	MOTION for Summary Judgment by SUSAN WILSON COWAN. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Statement of Facts Facts Not in Dispute, # 4 Text of Proposed Order)(Belendiuk, Arthur) (Entered: 12/10/2021)
2022-01-18	26	MOTION for Summary Judgment by FEDERAL COMMUNICATION COMMISSION. (Attachments: # 1 Declaration Shapiro, # 2 Declaration Kreisman, # 3 Declaration Nilsson, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Statement of Facts, # 7 Text of Proposed Order)(Curteman, Dedra) (Entered: 01/18/2022)
2022-01-18	27	Memorandum in opposition to re 25 MOTION for Summary Judgment filed by FEDERAL COMMUNICATION COMMISSION. (Attachments: # 1 Declaration Shapiro, # 2 Declaration Kreisman, # 3 Declaration Nilsson, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Statement of Facts, # 7 Text of Proposed Order)(Curteman, Dedra) (Entered: 01/18/2022)
2022-01-18	28	REPLY to opposition to motion re 21 MOTION for Protective Order filed by FEDERAL COMMUNICATION COMMISSION. (Attachments: # 1 Declaration Shapiro, # 2 Declaration Kreisman, # 3 Declaration Nilsson, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Statement of Facts, # 7 Text of Proposed Order)(Curteman, Dedra) (Entered: 01/18/2022)
2022-02-18	29	Memorandum in opposition to re 26 MOTION for Summary Judgment and Reply filed by SUSAN WILSON COWAN. (Attachments: # 1 Exhibit Exhibits to Opposition)(Belendiuk, Arthur) (Entered: 02/18/2022)
2022-02-21		NOTICE OF ERROR re 29 Memorandum in Opposition; emailed to abelendiuk@fccworld.com, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. Same document using the REPLY event (zjf, ) (Entered: 02/21/2022)
2022-03-18	30	REPLY to opposition to motion re 26 MOTION for Summary Judgment filed by FEDERAL COMMUNICATION COMMISSION. (Curteman, Dedra) (Entered: 03/18/2022)
2022-09-15	31	MEMORANDUM OPINION AND ORDER denying as moot Plaintiff's 15 Motion for Summary Judgment; denying without prejudice Plaintiff's amended 25 Motion for Summary Judgment and Defendant's 26 Cross-Motion for Summary Judgment; and granting-in-part Defendant's 21 Motion for Protective Order. Signed by Magistrate Judge Robin M. Meriweather on 09/15/2022. (zea) (Entered: 09/15/2022)
2022-09-28	32	PROPOSED BRIEFING SCHEDULE by SUSAN WILSON COWAN. (Belendiuk, Arthur) (Entered: 09/28/2022)
2022-10-13		MINUTE ORDER: The Court hereby adopts the proposed schedule for briefing on renewed motions for summary judgment set forth in 32 Proposed Briefing Schedule. The Agency shall file its Renewed Motion for Summary Judgment by December 1, 2022; Plaintiff shall file her Opposition and Renewed Cross-Motion for Summary Judgment by January 5, 2023; the Agency shall file its Opposition and any Reply by January 19, 2023; and Plaintiff shall file any Reply by February 9, 2023. Signed by Magistrate Judge Robin M. Meriweather on 10/13/2022. (zea) (Entered: 10/13/2022)
2022-11-28	33	Consent MOTION for Extension of Time to file Renewed Summary Judgment Briefing by FEDERAL COMMUNICATION COMMISSION. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 11/28/2022)
2022-11-29		MINUTE ORDER: Upon consideration of Defendant's Consent 33 Motion for Extension of Time, and for the reasons stated therein, the Court finds good cause to GRANT the Motion. The Agency shall file its Renewed Motion for Summary Judgment by January 6, 2023; Plaintiff shall file her Opposition and Renewed Cross-Motion for Summary Judgment by February 13, 2023; the Agency shall file its Opposition and any Reply by February 24, 2023; and Plaintiff shall file any Reply by March 14, 2023. Signed by Magistrate Judge Robin M. Meriweather on 11/29/2022. (zea) (Entered: 11/29/2022)
2023-01-05	34	Consent MOTION to Stay Proceedings for 30 Days by FEDERAL COMMUNICATION COMMISSION. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 01/05/2023)
2023-01-13		MINUTE ORDER: Upon review of the Defendant's Consent 34 Motion to Stay and for good cause shown, the Court hereby GRANTS the motion, nunc pro tunc to January 6, 2023. This case shall be STAYED until February 6, 2023. It is further ORDERED that the parties shall file a joint status report by February 6, 2023, updating the Court on their progress towards finalizing settlement terms and whether a further stay is necessary, unless a stipulation of dismissal is filed sooner. CASE STAYED. Signed by Magistrate Judge Robin M. Meriweather on 1/13/2023. (zea) (Entered: 01/13/2023)
2023-01-31	35	STIPULATION of Dismissal by FEDERAL COMMUNICATION COMMISSION. (Curteman, Dedra) (Entered: 01/31/2023)
2023-02-02		MINUTE ORDER: In light of the parties' 35 Stipulation of Dismissal, this action is hereby DISMISSED with prejudice. Each party shall bear its own costs, fees, and expenses. Signed by Magistrate Judge Robin M. Meriweather on 2/2/2023. (zea) (Entered: 02/02/2023)
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