Case Detail

FOIA Project Annotation: Judge James Robertson has ruled that the Office of Special Counsel properly invoked Exemption 5 (deliberative process privilege) to withhold records concerning development of an IT tracking system. Public Employees for Environmental Responsibility filed suit to find out more about what Alan Hicks had done at OSC. According to PEER, Hicks' only credentials were that he was the former headmaster at a school attended by the child of Scott Bloch, head of OSC. After reviewing the documents, Robertson had no trouble concluding that the privilege was properly claimed. Referring to progress reports filed by MPRI, a consultant, Robertson pointed out that "preliminary thoughts about the direction an agency might take are protected by the deliberative process privilege, especially where the final document with final recommendations is released in full." Turning to memos concerning the IT design, he indicated that "at the time that the FOIA request was processed, there had been no final agency decision with respect to these IT matters. The deliberative process privilege recognizes that it is appropriate to criticize final agency decisions, but that the public's access to the recommendations considered in coming to those decisions should be limited in order to facilitate a healthy and full deliberation of a range of options. Final IT decisions are generally discoverable under FOIA; proposed IT solutions are not."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative

Date Filed	Doc #	Docket Text
2004-11-17	1	COMPLAINT against SCOTT J. BLOCH (Filing fee $ 150) filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY.(lc, ) (Entered: 11/18/2004)
2004-11-17		SUMMONS (3) Issued as to SCOTT J. BLOCH, U.S. Attorney and U.S. Attorney General (lc, ) (Entered: 11/18/2004)
2004-12-17	2	MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint by SCOTT J. BLOCH. (Abel, Charlotte) (Entered: 12/17/2004)
2004-12-21	3	ORDER granting defendant's motion for extension of time 2 . Signed by Judge James Robertson on December 21, 2004. (MT) (Entered: 12/21/2004)
2005-01-24	4	MOTION to Stay by SCOTT J. BLOCH. (Attachments: # 1 Memorandum of Points & Authorities# 2 Declaration of Erin M. McDonnell# 3 Exhibit Exh. 2 FOIA request 6-22-04# 4 Exhibit Exh. 3 FOIA appeal 9-17-04# 5 Exhibit Exh. 4 FOIA request 6-23-04# 6 Exhibit Exh 5 FOIA appeal 9-20-04# 7 Text of Proposed Order)(Abel, Charlotte) (Entered: 01/24/2005)
2005-01-24	5	ANSWER to Complaint by SCOTT J. BLOCH.(Abel, Charlotte) (Entered: 01/24/2005)
2005-02-04	6	Memorandum in opposition to motion re 4 stay of proceedings filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Exhibit # 2 Text of Proposed Order)(Condit, Richard) (Entered: 02/05/2005)
2005-02-05	7	First MOTION for Extension of Time to File Response/Reply as to 6 Memorandum in Opposition by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Text of Proposed Order)(Condit, Richard) (Entered: 02/05/2005)
2005-02-14	8	First MOTION for Extension of Time to File Response/Reply by SCOTT J. BLOCH. (Abel, Charlotte) (Entered: 02/14/2005)
2005-02-14	9	NOTICE of Plaintiff's Consent to Defendant's Motion to Extend Time to Reply by SCOTT J. BLOCH (Abel, Charlotte) (Entered: 02/14/2005)
2005-02-23	10	ORDER granting defendant's motion to stay 4 , granting nunc pro tunc plaintiff's motion for extension of time 7 , and denying as moot defendants' motion for extension of time 8 . Signed by Judge James Robertson on February 23, 2005. (MT) (Entered: 02/23/2005)
2005-11-28	11	ORDER that the parties file status reports within 30 days of the date of this order. Signed by Judge James Robertson on November 28, 2005. (MT) (Entered: 11/28/2005)
2005-12-28	12	Joint STATUS REPORT by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, SCOTT J. BLOCH. (Abel, Charlotte) Modified on 12/29/2005 (lc, ). (Entered: 12/28/2005)
2006-01-05		MINUTE ORDER approving parties' joint status report 12 , so ordering the proposed schedule. Signed by Judge James Robertson on January 5, 2006. (MT) (Entered: 01/05/2006)
2006-02-28	13	STATUS REPORT by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, SCOTT J. BLOCH. (Abel, Charlotte) (Entered: 02/28/2006)
2006-03-02		MINUTE ORDER approving status report 13 . The parties will file a renewed status report by April 12, 2006. Signed by Judge James Robertson on March 2, 2006. (MT) (Entered: 03/02/2006)
2006-04-12	14	STATUS REPORT (Joint) by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, SCOTT J. BLOCH. (Abel, Charlotte) (Entered: 04/12/2006)
2006-05-31	15	STATUS REPORT (Joint) by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, SCOTT J. BLOCH. (Abel, Charlotte) (Entered: 05/31/2006)
2006-06-01		Set/Reset Hearings: Status Conference set for 6/5/2006 10:45 AM in Courtroom 23A before Judge James Robertson. (alr, ) (Entered: 06/01/2006)
2006-06-05		Minute Entry for proceedings held before Judge James Robertson : Status Conference held on 6/5/2006. (Court Reporter Rebecca Stonestreet.) (alr) (Entered: 06/06/2006)
2006-09-25	16	MOTION for Summary Judgment by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Text of Proposed Order # 2 Affidavit Declaration with Exhibits)(Condit, Richard) (Entered: 09/25/2006)
2006-09-25	17	MOTION for Summary Judgment by SCOTT J. BLOCH. (Attachments: # 1 Statement of Material Facts not in Dispute# 2 Vaughn index# 3 Text of Proposed Order)(Abel, Charlotte) (Entered: 09/25/2006)
2006-09-26	18	ERRATA by SCOTT J. BLOCH re 17 MOTION for Summary Judgment (Attachments: # 1 McDonnell Vaughn Declaration with Attachments)(Abel, Charlotte) Modified on 9/27/2006 (lc, ). (Entered: 09/26/2006)
2006-11-17	19	Memorandum in opposition to re 16 MOTION for Summary Judgment filed by SCOTT J. BLOCH. (Attachments: # 1 Attachment 1 to the Vaughn Index)(Abel, Charlotte) (Entered: 11/17/2006)
2006-11-17	20	Memorandum in opposition to re 17 MOTION for Summary Judgment filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Condit, Richard) (Entered: 11/17/2006)
2006-12-04	21	REPLY to opposition to motion re 17 MOTION for Summary Judgment filed by SCOTT J. BLOCH. (Abel, Charlotte) (Entered: 12/04/2006)
2006-12-04	22	REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Condit, Richard) (Entered: 12/04/2006)
2006-12-07	23	NOTICE of Filing Corrected Attachment 1 by SCOTT J. BLOCH re 19 Memorandum in Opposition (Attachments: # 1 Corrected Attachment 1)(Abel, Charlotte) (Entered: 12/07/2006)
2008-01-29	24	MEMORANDUM. Signed by Judge James Robertson on January 29, 2008. (MT) (Entered: 01/29/2008)
2008-01-29	25	ORDER denying plaintiff's motion for summary judgment 16 and granting defendant's motion for summary judgment 17 . Signed by Judge James Robertson on January 29, 2008. (MT) (Entered: 01/29/2008)
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