Case Detail

FOIA Project Annotation: Judge James Boasberg has ruled that the records of the Financial Crisis Inquiry Commission, created by Congress to examine the causes of the financial crisis, did not become agency records when they were transferred to the National Archives for preservation and processing. Cause of Action, although acknowledging that congressional records were not subject to FOIA, contended that the FCIC records became agency records when they were transferred to the National Archives. Boasberg first noted that "there is no dispute that NARA obtained the materials, which were directly transferred to it from the FCIC. The question is whether NARA was in control of them." He pointed out that for an agency to have sufficient control over records there must be an intent by the creator of the records to relinquish control, the agency must have the ability to use and dispose of the records, the records must be read or relied upon by agency personnel, and there must be a sufficient degree of integration into the agency's files. Boasberg explained that the Commission's "specific, contemporaneous instructions regarding access to the FCIC records long after their transfer to NARA means that the first factor clearly tips in favor of a finding that the records retain their legislative character." He added that "NARA does not have wide discretion in its use and disposal of the FCIC records because of the specific limiting instructions placed on the records at the time they were transferred." He indicated NARA did not rely on the records 'since NARA is merely a repository and its personnel do not act in reliance on these types of documents." He admitted that the records had been integrated into NARA's system "since the essential reasons for depositing records at NARA are categorization and safekeeping. To the extent that the records were integrated into NARA's system, however, that system only serves the purpose of categorizing and preserving documents, rather than agency decisionmaking and this fact carries little weight."
Issues: Agency Record

Date Filed	Doc #	Docket Text
2012-08-14	1	COMPLAINT against NATIONAL ARCHIVES AND RECORDS ADMINISTRATION ( Filing fee $ 350 receipt number 0090-3036720) filed by CAUSE OF ACTION. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement Corporate Disclosure Certification, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit)(Groen, Karen) (Entered: 08/14/2012)
2012-08-14		Case Assigned to Judge James E. Boasberg. (sth, ) (Entered: 08/15/2012)
2012-08-15	2	ELECTRONIC SUMMONS (3) Issued as to NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth, ) (Entered: 08/15/2012)
2012-08-24	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/20/2012. Answer due for ALL FEDERAL DEFENDANTS by 9/19/2012. (Groen, Karen) (Entered: 08/24/2012)
2012-08-24	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/20/2012. (Groen, Karen) (Entered: 08/24/2012)
2012-08-24	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION served on 8/20/2012 (Groen, Karen) (Entered: 08/24/2012)
2012-09-17	6	NOTICE of Appearance by Daniel Schwei on behalf of NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Schwei, Daniel) (Entered: 09/17/2012)
2012-09-18	7	Consent MOTION for Extension of Time to Respond to Complaint by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Schwei, Daniel) (Entered: 09/18/2012)
2012-09-18		MINUTE ORDER granting 7 Consent Motion for Extension of Time to Respond to Complaint. Defendants shall Answer or otherwise respond to the Complaint on or before October 31, 2012. Signed by Judge James E. Boasberg on 9/18/2012. (lcjeb3) Modified event title on 9/20/2012 (znmw, ). (Entered: 09/18/2012)
2012-09-19		Set/Reset Deadlines: Defendants shall Answer or otherwise respond to the Complaint on or before 10/31/2012. (ad) (Entered: 09/19/2012)
2012-10-31	8	MOTION to Dismiss or in the Alternative for Summary Judgment by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration of Thomas E. Mills, # 4 Declaration of Robert Matthew Fulgham, Jr.)(Schwei, Daniel). Added MOTION for Summary Judgment on 11/1/2012 (td, ). (Entered: 10/31/2012)
2012-11-01	9	NOTICE of Change of Address by Karen Marie Groen (Groen, Karen) (Entered: 11/01/2012)
2012-11-15	10	Unopposed MOTION for Extension of Time to Amend Briefing Schedule by CAUSE OF ACTION (Attachments: # 1 Text of Proposed Order)(Groen, Karen) (Entered: 11/15/2012)
2012-11-15		MINUTE ORDER granting 10 Motion to Modify Briefing Schedule. Plaintiff's Opposition will now be due December 19, 2012, with Defendant's reply due January 11, 2013. Signed by Judge James E. Boasberg on 11/15/12. (lcjeb3) (Entered: 11/15/2012)
2012-11-16		Set/Reset Deadlines: Plaintiff's Opposition will now be due 12/19/2012, with Defendant's reply due 1/11/2013. (ad) (Entered: 11/16/2012)
2012-12-19	11	Memorandum in opposition to re 8 MOTION to Dismiss or in the Alternative for Summary Judgment MOTION for Summary Judgment filed by CAUSE OF ACTION. (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_Epstein Declaration, # 11 Exhibit 11_Wallison Declaration, # 12 Text of Proposed Order)(Groen, Karen) (Entered: 12/19/2012)
2012-12-19	12	MOTION to Strike 8 MOTION to Dismiss or in the Alternative for Summary Judgment MOTION for Summary Judgment by CAUSE OF ACTION (Attachments: # 1 Text of Proposed Order)(Groen, Karen) (Entered: 12/19/2012)
2012-12-19	13	MOTION for Summary Judgment by CAUSE OF ACTION; (See docket entry no. 11 to view document) (td, ) (Entered: 12/20/2012)
2012-12-20		MINUTE ORDER: The Court hereby ORDERS that Plaintiff's Motion to Strike is DENIED WITHOUT PREJUDICE for failure to comply with LCvR 7(m). Signed by Judge James E. Boasberg on 12/20/2012. (lcjeb3) (Entered: 12/20/2012)
2012-12-20	14	MOTION to Strike 8 MOTION to Dismiss or in the Alternative for Summary Judgment MOTION for Summary Judgment (Corrected) by CAUSE OF ACTION (Attachments: # 1 Text of Proposed Order)(Groen, Karen) (Entered: 12/20/2012)
2013-01-07	15	Memorandum in opposition to re 14 MOTION to Strike 8 MOTION to Dismiss or in the Alternative for Summary Judgment MOTION for Summary Judgment (Corrected) filed by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Schwei, Daniel) (Entered: 01/07/2013)
2013-01-11	16	REPLY to opposition to motion re 8 MOTION to Dismiss or in the Alternative for Summary Judgment MOTION for Summary Judgment filed by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Statement of Facts, # 2 Supplement to Fulgham Declaration)(Schwei, Daniel) (Entered: 01/11/2013)
2013-01-11	17	Memorandum in opposition to re 13 MOTION for Summary Judgment filed by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Statement of Facts, # 2 Supplement to Fulgham Declaration)(Schwei, Daniel) (Entered: 01/11/2013)
2013-01-14	18	REPLY to opposition to motion re 14 MOTION to Strike 8 MOTION to Dismiss or in the Alternative for Summary Judgment MOTION for Summary Judgment (Corrected) filed by CAUSE OF ACTION. (Groen, Karen) (Entered: 01/14/2013)
2013-01-22	19	REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by CAUSE OF ACTION. (Epstein, Daniel) (Entered: 01/22/2013)
2013-03-01	20	ORDER: Defendant's 8 Motion to Dismiss is GRANTED; Plaintiff's 13 Cross-Motion for Summary Judgment is DENIED; Plaintiff's 14 Motion to Strike is DENIED AS MOOT; and the case is DISMISSED WITH PREJUDICE. Signed by Judge James E. Boasberg on 3/1/13. (lcjeb4) (Entered: 03/01/2013)
2013-03-01	21	MEMORANDUM OPINION to 20 Order. Signed by Judge James E. Boasberg on 3/1/13. (lcjeb4) (Entered: 03/01/2013)
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