Case Detail

FOIA Project Annotation: Judge Reggie Walton has ruled that Federal CURE, a non-profit organization advocating for federal inmates and their families, is entitled to a fee waiver for its request concerning the accuracy of the ion spectrometer scanning method and the number of visitors to Bureau of Prisons facilities who have been turned away as a result of such scans. The agency responded with a $3,976 estimated fee for the search. FedCURE then requested a fee waiver, which was denied. The agency told FedCURE that it had not shown that its request was likely to contribute to increased public understanding of government activities or operations. Nor had it shown how it would disseminate the information to a broad audience. Walton found that Carney v. Dept of Justice, 19 F.3d 807 (2nd Cir. 1994), in which the court ruled that dissemination to a small targeted academic audience qualified for a fee waiver, supported FedCURE's position. He pointed out that "FedCURE stated that it analyzes and synthesizes technical information when processing Yahoo discussion group inquiries. Like the plaintiff's desire in Carney to obtain information and relay it to his fellow scholars and the students he taught, FedCURE seeks to relay ion spectrometry information to federal inmates and their families. Therefore, the information disseminated by FedCURE via its website, newsletter, and chat room will inevitably trickle down from those who have sent inquiries to others who have an interest related to prisons." Relying on Forest Guardians v. Dept of Interior, 416 F.3d 1173 (10th Cir. 2005), in which the court ruled that an organization's plans to disseminate information on the Internet supported its case for a fee waiver, Walton observed that "FedCURE has actually done more to demonstrate their ability to convey meaningful information through their already established website, which has received 'over 250,000 hits,' i.e., viewings, since its inception two years ago. Liberally construing the fee waiver requirements in favor of the requester as it must, the Court finds that FedCURE's website, newsletter and chat room are an adequate means of disseminating information about ion spectrometry." BOP argued that FedCURE had not shown that it could disseminate the information widely. Here, Walton looked to Prison Legal News v. Lappin, 436 F. Supp. 2d 17 (D.D.C. 2006), in which the court found that because Prison Legal News had 3,400 subscribers to its monthly journal and an actual readership of 18,000, it had demonstrated its ability to disseminate information. Walton pointed out that "the information provided regarding the activity on its chat site and website, coupled with the estimated subscriber base who receive its newsletter, makes this case factually similar to Prison Legal News, and thus presents a strong case for treating FedCURE's dissemination efforts as an effective means of distributing the requested information to a broad group of interested persons." Although BOP argued that FedCURE's publications were much less frequent than those of Prison Legal News, Walton indicated that "while FedCURE may publish infrequently, that fact alone does not prove that FedCURE cannot disseminate information to a reasonably broad section of the public." Walton also observed that any amount of dissemination by FedCURE would benefit the public because at the moment "information regarding ion spectrometry is not available to the public." He added that "certainly, placing such data on a website, in an online newsletter, or in response to chat queries is an acceptable manner of making ion spectrometry data accessible to the public. Such data would then be available for consumption by interested parties, in centralized and easily accessible forums. . ."
Issues: Public Interest Fee Waiver - Shed light on government activities

Date Filed	Doc #	Docket Text
2007-05-07	1	COMPLAINT against HARLEY G. LAPPIN ( Filing fee $ 350, receipt number 4616004095) filed by FEDERAL CURE. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 05/08/2007)
2007-05-07		SUMMONS (3) Issued as to HARLEY G. LAPPIN, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 05/08/2007)
2007-05-17	2	NOTICE of Appearance by Jonathan C. Brumer on behalf of HARLEY G. LAPPIN (Brumer, Jonathan) (Entered: 05/17/2007)
2007-06-04	3	Consent MOTION for Extension of Time to Answer or Otherwise Respond to the Complaint by HARLEY G. LAPPIN (Attachments: # 1 Text of Proposed Order)(Brumer, Jonathan) (Entered: 06/04/2007)
2007-07-23	4	Consent MOTION for Extension of Time to Answer or Otherwise Respond to the Complaint by HARLEY G. LAPPIN (Attachments: # 1 Text of Proposed Order)(Brumer, Jonathan) (Entered: 07/23/2007)
2007-07-26		MINUTE ORDER finding as moot 3 Motion for Enlargement of Time; granting 4 Motion for Extension of Time. The response to the complaint is due on or before August 29, 2007. Signed by Judge Reggie B. Walton on July 26, 2007. (MDW, ) (Entered: 07/26/2007)
2007-07-27		Set/Reset Deadlines: Answer or response to complaint due by 8/29/2007. (mpt, ) (Entered: 07/27/2007)
2007-08-28	5	NOTICE of Change of Address by James R. Klimaski (Klimaski, James) (Entered: 08/28/2007)
2007-08-29	6	Consent MOTION for Extension of Time to Answer or Otherwise Respond to the Complaint by HARLEY G. LAPPIN (Attachments: # 1 Text of Proposed Order)(Brumer, Jonathan) (Entered: 08/29/2007)
2007-09-05		MINUTE ORDER granting 6 Motion for Extension of Time to Answer Complaint. The answer or response is due on or before September 14, 2007. Signed by Judge Reggie B. Walton on September 5, 2007. (MDW, ) (Entered: 09/05/2007)
2007-09-07		Set/Reset Deadlines: Answer or response to complaint due by 9/14/2007. (mpt, ) (Entered: 09/07/2007)
2007-09-14	7	MOTION for Extension of Time to Answer or Otherwise Respond to the Complaint by HARLEY G. LAPPIN (Attachments: # 1 Text of Proposed Order)(Brumer, Jonathan) (Entered: 09/14/2007)
2007-09-18	8	MOTION for Summary Judgment by HARLEY G. LAPPIN (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 Text of Proposed Order)(Brumer, Jonathan) (Entered: 09/18/2007)
2007-09-19		MINUTE ORDER finding as moot 7 Motion for Extension of Time to Respond to Complaint. Signed by Judge Reggie B. Walton on September 19, 2007. (MDW, ) (Entered: 09/19/2007)
2007-09-19		Set Deadlines/Hearings: Answer due by 9/18/2007. (jwd) (Entered: 09/19/2007)
2007-10-01	9	Joint MOTION for Extension of Time to File an Opposition to the Motion for Summary Judgment and a Reply to the Opposition by FEDERAL CURE (Klimaski, James) (Entered: 10/01/2007)
2007-10-02		MINUTE ORDER granting 9 Motion for Extension of Time to File Opposition and Reply to the Motion for Summary Judgment. The opposition is due no later than October 31, 2007 and the reply is due no later than November 30, 2007. Signed by Judge Reggie B. Walton on October 2, 2007. (MDW, ) (Entered: 10/02/2007)
2007-10-03		Set/Reset Deadlines: Opposition due by 10/31/2007,Replies due by 11/30/2007. (mpt, ) (Entered: 10/03/2007)
2007-10-31	10	Consent MOTION for Extension of Time to File Response/Reply as to 8 MOTION for Summary Judgment (with a draft Order appended if needed) by FEDERAL CURE (Klimaski, James) (Entered: 10/31/2007)
2007-11-01		MINUTE ORDER granting 10 Motion for Extension of Time to File Response to Motion for Summary Judgment. The response is due by November 27, 2007, and the defendant's reply is due by December 27, 2007. Signed by Judge Reggie B. Walton on November 1, 2007. (MDW, ) (Entered: 11/01/2007)
2007-11-02		Set/Reset Deadlines: Response due by 11/27/2007,Replies due by 12/27/2007. (mpt, ) (Entered: 11/02/2007)
2007-11-26	11	Consent MOTION for Extension of Time to File Response/Reply as to 8 MOTION for Summary Judgment to Dec. 12, 2007. by FEDERAL CURE (Klimaski, James) (Entered: 11/26/2007)
2007-11-27		MINUTE ORDER granting 11 Motion for Extension of Time to File Response re 11 Consent MOTION for Extension of Time to File Reply as to 8 MOTION for Summary Judgment to Dec. 12, 2007. Responses due by 12/12/2007 Replies due by 1/11/2008. Signed by Judge Reggie B. Walton on November 27, 2007. (MDW, ) (Entered: 11/27/2007)
2007-11-29		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 12/12/2007.,Reply due by 1/11/2008. (mpt, ) (Entered: 11/29/2007)
2007-12-12	12	Consent MOTION for Extension of Time to File Response/Reply as to 8 MOTION for Summary Judgment up to and including Jan. 4, 2008 by FEDERAL CURE (Klimaski, James) (Entered: 12/12/2007)
2008-01-04	13	Consent MOTION for Extension of Time to File Response/Reply as to 8 MOTION for Summary Judgment up to and including Jan. 7, 2008 by FEDERAL CURE (Klimaski, James) (Entered: 01/04/2008)
2008-01-07		ORDER granting 12 Motion for Extension of Time to File Response nunc pro tunc. Signed by Judge Reggie B. Walton on January 7, 2008. (MDW, ) (Entered: 01/07/2008)
2008-01-07	14	Consent MOTION for Extension of Time to File Response/Reply as to 8 MOTION for Summary Judgment up to and including Jan. 11, 2008, by FEDERAL CURE (Klimaski, James) (Entered: 01/07/2008)
2008-01-08		MINUTE ORDER granting 13 Motion for Extension of Time to File opposition to the Motion for Summary Judgment. Opposition due: January 7, 2008 and Reply is due: February 11, 2008. Signed by Judge Reggie B. Walton on 01-07-2008. (TH, ) (Entered: 01/08/2008)
2008-01-08		Set/Reset Deadlines: Opposition to Motion for Summary Judgment due by 1/7/2008.,Reply to Motion for Summary Judgment due by 2/11/2008. (mpt, ) (Entered: 01/08/2008)
2008-01-08		MINUTE ORDER granting 14 Motion for Extension of Time to File Opposition to the Motion for Summary Judgment. Opposition is due: January 11,2008 and the Reply is due: February 19, 2008. Signed by Judge Reggie B. Walton on 01-08-08. (TH, ) (Entered: 01/08/2008)
2008-01-09		Set/Reset Deadlines: Opposition due by 1/11/2008,Reply due by 2/19/2008. (mpt, ) (Entered: 01/09/2008)
2008-01-11	15	Memorandum in opposition to re 8 MOTION for Summary Judgment filed by FEDERAL CURE. (Attachments: # 1 Statement of Facts Genuine Issues of Material Fact Not in Dispute# 2 Ex. A# 3 Ex. B# 4 Ex. C# 5 Ex. D# 6 Ex. E# 7 Ex. F# 8 Ex. G# 9 Ex. H# 10 Ex. I# 11 Ex. J)(Klimaski, James) (Entered: 01/11/2008)
2008-02-15	16	Unopposed MOTION for Extension of Time to File Response/Reply by HARLEY G. LAPPIN (Kidwell, Judith) (Entered: 02/15/2008)
2008-02-20		MINUTE ORDER granting 16 Unopposed MOTION for Extension of Time to File Reply. Reply is now due by 2/22/2008. Signed by Judge Reggie B. Walton on 2-20-08. (TH, ) (Entered: 02/20/2008)
2008-02-20	17	Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition and Motion for Summary Judgment by HARLEY G. LAPPIN (Kidwell, Judith) (Entered: 02/20/2008)
2008-02-21		Set/Reset Deadlines: Reply due by 2/22/2008. (mpt, ) (Entered: 02/21/2008)
2008-02-21		MINUTE ORDER granting 17 Unopposed MOTION for Extension of Time to File Reply to Plaintiff's Opposition and Motion for Summary Judgment. Replies are due by 3/14/2008. Signed by Judge Reggie B. Walton on 2/21/08. (TH, ) (Entered: 02/21/2008)
2008-02-22		Set/Reset Deadlines: Reply to opposition to motion for summary judgement due by 3/14/2008. (mpt, ) (Entered: 02/22/2008)
2008-03-13	18	REPLY to opposition to motion re 8 MOTION for Summary Judgment filed by HARLEY G. LAPPIN. (Kidwell, Judith) (Entered: 03/13/2008)
2008-03-21	19	Consent MOTION for Extension of Time to File Response/Reply to April 18, 2008, to Defendant's 3-13-08 opposition to plaintiff's cross-motion for summary judgment by FEDERAL CURE (Klimaski, James) (Entered: 03/21/2008)
2008-03-24		MINUTE ORDER granting 19 Motion for Extension of Time to File Response/Reply. Reply is due by 4/18/2008. Signed by Judge Reggie B. Walton on 03/24/08. (TH, ) (Entered: 03/24/2008)
2008-03-24		Set/Reset Deadlines: Reply due by 4/18/2008. (mpt, ) (Entered: 03/24/2008)
2008-04-18	20	REPLY to opposition to motion re 8 MOTION for Summary Judgment -- Plaintiff Here Replying to Defendant's Opposition to Its Cross-Motion for Summary Judgment filed by FEDERAL CURE. (Klimaski, James) (Entered: 04/18/2008)
2008-09-30	21	ORDER denying 8 Motion for Summary Judgment and ordering the defendant to show cause. Signed by Judge Reggie B. Walton on 09/30/08. (TH, ) (Entered: 09/30/2008)
2008-10-29	22	RESPONSE TO ORDER OF THE COURT To Show Cause filed by HARLEY G. LAPPIN. (Kidwell, Judith) (Entered: 10/29/2008)
2008-10-30	23	SUPPLEMENTAL MEMORANDUM to the Court: Plaintiff's Opposition to Defendant's Response to the Show Cause Order, filed by FEDERAL CURE. (Klimaski, James) (Entered: 10/30/2008)
2009-03-18	24	ORDER. Signed by Judge Reggie B. Walton on 03/18/09. (TH, ) (Entered: 03/18/2009)
2009-03-18	25	MEMORANDUM AND OPINION. Signed by Judge Reggie B. Walton on 03/18/09. (TH, ) (Entered: 03/18/2009)
2009-04-17	26	MOTION for Attorney Fees and Costs by FEDERAL CURE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Atty Fees & Costs Summary Page, # 4 Atty Fees Itemized, # 5 Case Costs Itemized, # 6 James Klimaski Resume, # 7 Lynn Miller Resume)(Klimaski, James) (Entered: 04/17/2009)
2009-04-29	27	Consent MOTION for Extension of Time to File Response/Reply by HARLEY G. LAPPIN (Kidwell, Judith) (Entered: 04/29/2009)
2009-05-01		MINUTE ORDER granting 27 Defendant's Consent Motion for Extension of Time to File Response/Reply. The defendant's response is now due May 13, 2009. Signed by Judge Reggie B. Walton on 05/01/09. (TH, ) (Entered: 05/01/2009)
2009-05-01		Set/Reset Deadlines: Response due by 5/13/2009 (mpt, ) (Entered: 05/01/2009)
2009-05-13	28	STIPULATION and Order For Payment of Interim Attorney Fees and Costs by HARLEY G. LAPPIN. (Kidwell, Judith) (Entered: 05/13/2009)
2009-05-14	29	STIPULATION AND ORDER for Payment of Interim Attorney's Fees and Costs. Signed by Judge Reggie B. Walton on 5/14/09. (mpt, ) (Entered: 05/14/2009)
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