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Case TitleMunger Tolles & Olson LLP v. United States Department of the Army
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2013cv06890
Date Filed2013-09-18
Date Closed2014-11-18
JudgeJudge Dean D. Pregerson
PlaintiffMunger Tolles & Olson LLP
on behalf of American Management Services LLC
doing business as Pinnacle
Case DescriptionThe law firm of Munger, Tolles & Olson submitted a FOIA request to the Department of the Army on behalf of its client American Management Services for records relating to four military housing projects. The agency eventually disclosed one heavily redacted record with redactions made under Exemption 4 (confidential business information), but provided no documents on three of the projects for which Munger, Tolles & Olson had requested records. The law firm filed an administrative appeal, but after hearing nothing further from the agency, the law firm filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of the Army
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [41]
Opinion/Order [51]
Opinion/Order [52]
FOIA Project Annotation: The court ruled that the Department of the Army's failure to provide a substantive response to the law firm of Munger, Tolles & Olson's FOIA request for records concerning proposals submitted by Clark Realty Capital for several military housing projects was egregious, but that most of the agency's redactions under Exemption 4 (confidential business information) were appropriate. MTO represented Pinnacle, a management services company that had been working in partnership with Clark on several military housing projects. Clark had sued Pinnacle to dissolve the partnership and Pinnacle found out shortly thereafter that funding for the projects had been substantially increased. The law firm then submitted its FOIA request to the Office of the Assistant Secretary of the Army, Installations & Environment, which referred the request to the Army Corps of Engineers. The Army Corps of Engineers told MTO that it was sending business-submitted records to Clark for comment. It then released a single heavily redacted page. MTO appealed, but heard nothing further until the Office of the Administrative Assistant to the Secretary of the Army contacted the law firm and identified itself as the office responsible for processing the request. That office responded by releasing portions of 379 pages and withholding spreadsheets and other data under Exemption 4. The court found MTO had not shown a pattern or practice of delay on the part of the Army, but concluded the agency's behavior was egregious. The court noted that "the Army held onto Plaintiff's appeal for another 11 months before responding. A totally unjustified delay of over a year is 'egregious.'" The court added that "that the delay of Plaintiff's appeal appears to have been the result of bureaucratic mishandling rather than intentional obfuscation weighs some in the balance, but not enough to make the delay reasonable. Agencies are under an obligation to establish clear channels for FOIA requests; implicit in that obligation is that the agency and its employees will not mislead requestors as to the proper method for making a request." The court observed that it "will not excuse the Army's excessive delay simply because it has not created efficient mechanisms for referring FOIA requests to the appropriate entity‚Ä"especially when it has affirmatively misinformed Plaintiff as to where the request should be directed." The court then found that almost all of the information withheld under Exemption 4 was appropriate. Finding that Clark did face competition in the military housing market, the court showed some sympathy to MTO's arguments that the data here had little bearing on future bids. But the court agreed with the Army that disclosure of the redacted information would provide insights into the overall picture of how Clark constructed a bid. After reviewing the records in camera, the court noted that "in the main, what has been redacted is the kind of information that would unfairly let competitor's look into Clark's internal decision-making process. The redacted information mostly consists of information showing how Clark organizes and phases the construction of new housing, how it reacts to unanticipated market conditions, how it approaches financing, and how it breaks down costs and spending to get the job done." The court observed that "for the most part, the Army's redactions are reasonably targeted to protect Clark's internal processes while still providing a great deal of general information about the Projects, the ways in which they were modified based on new information, and how those modifications might affect the availability and quality of military housing. The Army has struck a reasonable balance between providing information of public interest and protecting Clark's internal processes, and most of the information was correctly redacted."
Issues: Exemption 4 - Competitive harm
User-contributed Documents
 Army's Answer to Complaint
Order_11.06.2014
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-09-181COMPLAINT against Defendant United States Department of the Army. Case assigned to Judge Dean D. Pregerson for all further proceedings. Discovery referred to Magistrate Judge Margaret A. Nagle. (Filing fee $ 400 PAID.), filed by Defendant Munger Tolles & Olson LLP. (et) (mg). (Additional attachment(s) added on 9/27/2013: # 1 Notice of Assignment, # 2 Civil Cover Sheet) (mg). (Entered: 09/24/2013)
2013-09-183CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Munger Tolles & Olson LLP. (et) (mg). (Entered: 09/25/2013)
2013-09-184NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 09/25/2013)
2013-09-25230 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendant United States Department of the Army. (et) (Entered: 09/25/2013)
2013-09-255NOTICE OF DISCREPANCY AND ORDER re: Proof of Service by Judge Dean D. Pregerson. Proof of Service received on 09/23/2013 is a document that must be filed electronically and is rejected for filing and returned to counsel. (cch) (Entered: 09/26/2013)
2013-09-266MINUTES OF IN CHAMBERS ORDER held before Judge Dean D. Pregerson: This action has been assigned to the calendar of Judge Dean D Pregerson. Counsel are referred to the courts website for additional information. (SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INSTRUCTIONS). (lc) (Entered: 09/26/2013)
2013-09-267OF SERVICE filed by Plaintiff Munger Tolles & Olson LLP, re Summons Issued 2 served on 9/26/2013. (Blavin, Jonathan) (Entered: 09/26/2013)
2013-09-278NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents) 7 . PDF is the service on the US Army, however this is a Freedom of Information case. The following error(s) was found: Incorrect event selected. The correct event is: service of Summons and Complaint Returned Executed 30 days. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) (Entered: 09/27/2013)
2013-09-279PROOF OF SERVICE Executed by Plaintiff Munger Tolles & Olson LLP, upon Defendant United States Department of the Army served on 9/26/2013, answer due 10/26/2013. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Patricia Myles, Legal Assistant. Executed upon the Attorney Generals Office of the United States by delivering a copy to Eric Holder, Attorney General. Executed upon the officer agency or corporation by delivering a copy to U.S. Army Litigation Division. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. (Blavin, Jonathan) (Entered: 09/27/2013)
2013-10-2310STIPULATION Extending Time to Answer the complaint as to All Parties, re Complaint - (Discovery), 1 filed by Plaintiff Munger Tolles & Olson LLP.(Blavin, Jonathan) (Entered: 10/23/2013)
2013-11-2211Joint STIPULATION Extending Time to Answer the complaint as to Munger Tolles & Olson LLP answer now due 12/23/2013; United States Department of the Army answer now due 12/23/2013, re Complaint - (Discovery), 1 filed by Plaintiff Munger Tolles & Olson LLP. (Attachments: # 1 Proposed Order)(Blavin, Jonathan) (Entered: 11/22/2013)
2013-11-2512ORDER granting Stipulation 11 that Defendant shall have until December 23, 2013 to answer or otherwise respond to the Complaint, by Judge Dean D. Pregerson (lc) (Entered: 11/25/2013)
2013-12-2013Joint STIPULATION for Extension of Time to File Answer to January 22, 2014 re Complaint - (Discovery), 1 filed by Plaintiff Munger Tolles & Olson LLP. (Attachments: # 1 Proposed Order)(Blavin, Jonathan) (Entered: 12/20/2013)
2013-12-2614ORDER granting Stipulation 13 that defendant United States Department of the Army time to respond to complaint extended to 1/22/2014 by Judge Dean D. Pregerson (lc) (Entered: 12/26/2013)
2014-01-0715NOTICE of Change of Attorney Business or Contact Information: for attorney Laura Kimberly Lin counsel for Plaintiff Munger Tolles & Olson LLP. Changing attorney last name to Laura Lin. Changing e-mail to laura.lin@mto.com. Filed by Plaintiff MUNGER TOLLES & OLSON O/B/O AMERICAN MANAGEMENT SERVICES LLC. d/b/a/ PINNACLE. (Lin, Laura) (Entered: 01/07/2014)
2014-01-2216Joint STIPULATION for Extension of Time to File Answer to February 5, 2014 re Complaint - (Discovery), 1 filed by Plaintiff Munger Tolles & Olson LLP. (Attachments: # 1 Proposed Order Proposed Order Extending Time to Respond to Initial Complaint)(Blavin, Jonathan) (Entered: 01/22/2014)
2014-01-2417ORDER granting Stipulation 16 , defendant United States Department of the Army have until February 5, 2014 to answer or otherwise respond to the Complaint by Judge Dean D. Pregerson (lc) (Entered: 01/24/2014)
2014-02-0518ANSWER to Complaint - (Discovery), 1 filed by Defendant United States Department of the Army.(Attorney Jason K Axe added to party United States Department of the Army(pty:dft))(Axe, Jason) (Entered: 02/05/2014)
2014-03-0519ORDER setting Scheduling Conference for 4/21/14 3:30 PM; compliance with FRCP 26(f) and filing of Rule 26(f) Report by Judge Dean D. Pregerson (lc) Modified on 3/6/2014 (cch). (Entered: 03/05/2014)
2014-04-1420JOINT REPORT of CONFERENCE OF PARTIES filed by Plaintiff Munger Tolles & Olson LLP. (Blavin, Jonathan) (Entered: 04/14/2014)
2014-04-1521MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson:COUNSEL ARE NOTIFIED the SCHEDULING CONFERENCE set for April 21, 2014 is hereby taken off calendar, the hearing date vacated with a SCHEDULING ORDER to be issued hereafter. (lc) (Entered: 04/15/2014)
2014-04-1522ORDER/REFERRAL to ADR Procedure No 1 by Judge Dean D. Pregerson. Case ordered to Magistrate Judge Margaret A. Nagle for Settlement Conference. (lc) (Entered: 04/15/2014)
2014-04-1523NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Report 20 . The following error(s) was found: Incorrect event selected. The correct event is: Joint Rule 26(f) Discovery Plan. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) (Entered: 04/15/2014)
2014-04-1624SCHEDULING ORDER by Judge Dean D. Pregerson:Pursuant to the Federal Rules of Civil Procedure 16(b), the Court issues the following Order: Deadline for filing Defendant's motion for summary judgment: June 23, 2014 (set for hearing on September 22, 2014 at 10:00 a.m.); Deadline for filing Plaintiff's opposition to Defendant's motion for summary judgment and optional cross-motion for summary judgment : August 5, 2014; Defendant's reply (and opposition to Plaintiffs cross-motion, if necessary): August 20, 2014;Plaintiff's reply in support of cross-motion (if necessary): September 3, 2014; A One Hour Court Trial is set for: November 4, 2014 at 9:00 a.m. (lc) (Entered: 04/16/2014)
2014-06-2025STIPULATION to Continue MOTION FILING AND HEARING DATES Re: Scheduling Order, Set/Reset Deadlines/Hearings,,,, 24 filed by Defendant United States Department of the Army. (Attachments: # 1 Order re Extend Dates)(Axe, Jason) (Entered: 06/20/2014)
2014-06-2326ORDER by Judge Dean D. Pregerson, re Stipulation 25 Deadline for filing Defendant's motion for summary judgment: 6/30/14; Deadline for filing Plaintiff's opposition to Defendant's motion for summary judgment and optional cross-motion for summary judgment:8/12/14; Defendant's reply (and opposition toPlaintiffs cross-motion, if necessary):8/27/14; Plaintiff's reply in support of cross motion (if necessary):Hearing on motions (yet to be filed)9/29/14 at 10:00 a.m.; Trial: 11/4/14 unchanged. (lc) (Entered: 06/23/2014)
2014-06-3027NOTICE OF MOTION AND MOTION for Summary Judgment as to PLAINTIFF'S COMPLAINT filed by DEFENDANT United States Department of the Army. Motion set for hearing on 9/29/2014 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: # 1 Axe Declaration, # 2 Statement of Uncontroverted Facts, # 3 Proposed Judgment)(Axe, Jason) (Entered: 06/30/2014)
2014-06-3028VAUGHN INDEX re MOTION for Summary Judgment as to PLAINTIFF'S COMPLAINT 27 filed by Defendant United States Department of the Army. (Attachments: # 1 Burgos Declaration, # 2 Cowley Declaration, # 3 Documents (001-152), # 4 Documents (153-379))(Axe, Jason) (Entered: 07/01/2014)
2014-08-0129Second STIPULATION for Hearing re Motion Related Document, 28 , Order, Set/Reset Deadlines/Hearings,,,, 26 , MOTION for Summary Judgment as to PLAINTIFF'S COMPLAINT 27 , Second STIPULATION for Extension of Time to File Plaintiff's Opposition to Defendant's Motion for Summary Judgment and Optional Cross-Motion for Summary Judgment, Defendant's Reply (and Opposition to Plaintiff's Cross-Motion (if necessary) and Plaintiff's Reply in Support of Cross-Motion (if necessary), Hearing on Motion(s) filed by Plaintiff Munger Tolles & Olson LLP. (Attachments: # 1 Proposed Order [Proposed] Order Continuing Motion Filing and Hearing Dates)(Blavin, Jonathan) (Entered: 08/01/2014)
2014-08-0530ORDER CONTINUING MOTION FILING AND HEARING DATES by Judge Dean D. Pregerson. IT IS HEREBY ORDERED that all pre-trial dates in this action shall be continued by two weeks, and that the following specific dates shall govern in this action, for the reasons set forth in the parties' separately filed stipulation, Deadline for filing Plaintiff's opposition to Defendant's motion for summary judgment 8/26/14. Defendant's reply (and opposition to Plaintiff's cross-motion 9/10/14. Plaintiff's reply in support of cross-motion 9/24/14. Hearing on motion 10/6/14 at 10:00 a.m., re Stipulation for Hearing, Stipulation for Extension of Time to File, 29 (bp) (Entered: 08/06/2014)
2014-08-2631MEMORANDUM in Opposition /PLAINTIFFS OPPOSITION AND CROSS-MOTION FOR SUMMARY JUDGMENT filed by Plaintiff Munger Tolles & Olson LLP. (Attachments: # 1 Supplement PLAINTIFF'S STATEMENT OF GENUINE DISPUTES OF MATERIAL FACTS AND CONCLUSIONS OF LAW, # 2 Declaration M. S. ORRANTIA ISO PLAINTIFF'S OPPOSITION AND CROSS MOTION FOR SUMMARY JUDGMENT, # 3 Proposed Order [PROPOSED] JUDGMENT IN FAVOR OF PLAINTIFF PINNACLE)(Blavin, Jonathan) Modified on 8/27/2014 (lc). (Entered: 08/26/2014)
2014-08-2632DECLARATION of JONATHAN H. BLAVIN MOTION for Summary Judgment as to PLAINTIFF'S COMPLAINT 27 /DECLARATION OF JONATHAN H. BLAVIN IN SUPPORT OF PLAINTIFFS OPPOSITION AND CROSS-MOTION FOR SUMMARY JUDGMENT filed by Plaintiff Munger Tolles & Olson LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Blavin, Jonathan) (Entered: 08/26/2014)
2014-08-2633EXHIBIT EXHIBITS I THROUGH 0 [LINK TO DOCUMENT NO. 32] EXHIBITS TO J. BLAVIN DECLARATION to MOTION for Summary Judgment as to PLAINTIFF'S COMPLAINT 27 filed by Plaintiff Munger Tolles & Olson LLP. (Attachments: # 1 Exhibit J, # 2 Exhibit K, # 3 Exhibit L, # 4 Exhibit M, # 5 Exhibit N, # 6 Exhibit O)(Blavin, Jonathan) (Entered: 08/26/2014)
2014-08-2634EXHIBIT EXHIBITS P THROUGH S [LINK TO DOCUMENT NO. 33] EXHIBITS TO J. BLAVIN DECLARATION to MOTION for Summary Judgment as to PLAINTIFF'S COMPLAINT 27 filed by Plaintiff Munger Tolles & Olson LLP. (Attachments: # 1 Exhibit Q, # 2 Exhibit R, # 3 Exhibit S)(Blavin, Jonathan) (Entered: 08/26/2014)
2014-08-2735NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Exhibit to Motion, 34 , Exhibit to Motion, 33 . The following error(s) was found: Formal Title page and its required LR 11-3.8 information missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) (Entered: 08/27/2014)
2014-09-1036REPLY IN SUPPORT OF (AND IN OPPOSITION TO PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT) MOTION for Summary Judgment as to PLAINTIFF'S COMPLAINT 27 , MOTION for Summary Judgment 31 filed by Defendant United States Department of the Army. (Attachments: # 1 Declaration (Paul Cramer), # 2 Declaration (Phil Cowley), # 3 Response to Plaintiff's Statement of Uncontroverted Facts)(Axe, Jason) (Entered: 09/10/2014)
2014-09-1037DEFENDANT'S EVIDENTIARY OBJECTIONS TO THE DECLARATION OF JONATHAN BLAVIN re MOTION for Summary Judgment 31 filed by Defendant United States Department of the Army. (Axe, Jason) (Entered: 09/10/2014)
2014-09-2338Joint STIPULATION to Continue Hearing on Summary Judgment Motions from October 6, 2014 to October 20, 2014 filed by AMERICAN MANAGEMENT SERVICES LLC, D/B/A PINNACLE Munger Tolles & Olson LLP. (Attachments: # 1 Proposed Order)(Blavin, Jonathan) (Entered: 09/23/2014)
2014-09-2439RESPONSE IN SUPPORT /PLAINTIFF'S REPLY IN SUPPORT OF ITS CROSS-MOTION FOR SUMMARY JUDGMENT filed by Plaintiff Munger Tolles & Olson LLP. (Attachments: # 1 Declaration SUPPLEMENTAL DECLARATION OF M. SCOTT ORRANTIA, # 2 PLAINTIFF'S RESPONSIVE STATEMENT OF GENUINE DISPUTES OF MATERIAL FACTS AND CONCLUSIONS OF LAW, # 3 PLAINTIFF'S RESPONSES TO DEFENDANT'S EVIDENTIARY OBJECTIONS TO THE DECLARATION OF JONATHAN H. BLAVIN)(Blavin, Jonathan) (Entered: 09/24/2014)
2014-09-2940ORDER CONTINUING HEARING DATE by Judge Dean D. Pregerson: Summary judgment motions 27 shall be continued from October 6, 2014 to October 20, 2014 at 10:00 am. (lc) (Entered: 09/29/2014)
2014-10-0641ORDER RE: (1) SUPPLEMENTAL BRIEFING; (2) IN CAMERA REVIEW OF UNREDACTED DOCUMENTS by Judge Dean D. Pregerson: Defendant shall file with the Court unredacted copies of all produced documents in this case (apparently 32 in number), under seal and in camera, no later than 2:00 p.m., Tuesday, October 14, 2014, with courtesy copies delivered to chambers at the same time.Defendant shall file with the Court a supplement to its Vaughn Index describing all the documents (apparently six in number) that have been withheld in their entirety.The supplement shall be filed no later than 12:00 p.m., Friday, October 10, 2014, with courtesy copies delivered to chambers at the same time.Both parties shall file a supplemental briefing, no longer than fifteen pages under the provisions of the Local Rules, solely on the issue of harm to the competitive position of the third party.The supplemental briefings and any accompanying exhibits shall be filed no later than 2:00 p.m., Tuesday, October 14, 2014,with courtesy copies delivered to chambers at the same time. (lc). Modified on 10/6/2014. (lc). (Entered: 10/06/2014)
2014-10-0842EX PARTE APPLICATION to Continue (1) Hearing on Motion for Summary Judgment and (2) Deadlines for Filing Supplemental Briefing; Declaration of Jason K. Axe Re: Order, Set/Reset Motion Hearing and R&R Deadlines 40 , Order,,,, 41 filed by Defendant United States Department of the Army. (Attachments: # 1 Order re Ex Parte Dates)(Axe, Jason) (Entered: 10/08/2014)
2014-10-0943ORDER by Judge Dean D. Pregerson: granting 42 Ex Parte Application to Continue the hearing on the MOTION FOR SUMMARY JUDGMENT AS TO PLAINTIFF'S COMPLAINT FILED BY DEFENDANT UNITED STATES DEPARTMENT OF THE ARMY 27 and the CROSS MOTION FOR SUMMARY JUDGMENT FILED BY PLAINTIFF MUNGER TOLLES &OLSON LLP 31 shall be continued from October 20, 2014 to November 3, 2014 at 10:00 a.m.By October 17, 2014, no later than 2:00 p.m., Defendant will file with the Court unredacted copies of all produced documents in this case under seal and in camera.By October 23, 2014, no later than 12:00 p.m., Defendant will file with the Court a supplement to its Vaughn Index describing all the documents that have been withheld in their entirety.By October 27, 2014, no later than 2:00 p.m., the parties will file their supplemental briefings asdescribed in the Courts October 6 order. (lc) (Entered: 10/09/2014)
2014-10-1744NOTICE OF SUBMISSION OF DOCUMENTS IN CAMERA filed by Defendant United States Department of the Army re: Motion Related Document, 28 , Order on Ex Parte Application to Continue,,, 43 , Order,,,, 41 (Axe, Jason) (Entered: 10/17/2014)
2014-10-2345SUPPLEMENT TO VAUGHN INDEX re MOTION for Summary Judgment as to PLAINTIFF'S COMPLAINT 27 filed by Defendant United States Department of the Army. (Attachments: # 1 Declaration (Third Cowley))(Axe, Jason) (Entered: 10/23/2014)
2014-10-2746SUPPLEMENT to MOTION for Summary Judgment as to PLAINTIFF'S COMPLAINT 27 filed by Defendant United States Department of the Army. (Attachments: # 1 Declaration (Fourth Cowley))(Axe, Jason) (Entered: 10/27/2014)
2014-10-2747SUPPLEMENT /PLAINTIFFS SUPPLEMENTAL BRIEF IN SUPPORT OF ITS CROSS-MOTION FOR SUMMARY JUDGMENT filed by Plaintiff Munger Tolles & Olson LLP. (Blavin, Jonathan) (Entered: 10/27/2014)
2014-10-2748DECLARATION of Jonathan H. Blavin In Support of Plaintiff's Supplemental Brief MOTION for Summary Judgment 31 filed by Plaintiff Munger Tolles & Olson LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit B, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Blavin, Jonathan) (Entered: 10/27/2014)
2014-10-3149MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson: COUNSEL ARE NOTIFIED that on the Court's own motion the ONE HOUR COURT TRIAL is hereby continued from November 4, 2014 to November 25, 2014 at 10:00 a.m. (bp) (Entered: 10/31/2014)
2014-11-0350MINUTES OF Motion Hearing held before Judge Dean D. Pregerson: RE MOTION FOR SUMMARY JUDGMENT AS TO PLAINTIFF'S COMPLAINT FILED BY DEFENDANT UNITED STATESDEPARTMENT OF THE ARMY 27 and CROSS-MOTION FOR SUMMARY JUDGMENT FILED BYPLAINTIFF MUNGER TOLLES and OLSON LLP 31 .Court hears oral argument and takes the matters under submissionCourt Reporter: Maria Bustillos. (lc) (Entered: 11/03/2014)
2014-11-0651ORDER that The parties cross-motions for summary judgment are each GRANTED IN PART AND DENIED IN PART 27 , 31 . Summary judgment is GRANTED to Plaintiff on the issue of delay; the Court finds that Defendants delays in processing Plaintiffs request and appeal constituted an independent FOIA violation. Summary judgment is GRANTED IN PART to Defendant on the issue of the exempted material. The Court will return the unredacted copies of the documents to Defendant with a separate order explaining what additional information is not exempt; the Court orders Defendant to release such information toPlaintiff by Judge Dean D. Pregerson . (lc) .Modified on 11/6/2014 (lc). (Entered: 11/06/2014)
2014-11-0652ORDER RE: RETURN OF IN CAMERA SUBMISSION AND REVISION OF REDACTED DOCUMENTS ;Defendant shall pick up the documents from Judge Pregersons judicial assistant on Wednesday, November 12, 2014, between the hours of 9:30 a.m. and 3:30 pm. No later than December 12, 2014, Defendant shall create new redacted versions of the Modified Scope Plan documents in conformity with the Courts instructions and release them to Plaintiff. Defendant shall also provide two copies of the newly redacted versions to the Court by Judge Dean D. Pregerson . (lc). Modified on 11/6/2014 (lc). (Entered: 11/06/2014)
2014-11-1853ORDER REMOVING CASE FROM ACTIVE CASELOAD until further application by the parties or Order of this Court. The Court Trial set for November 25, 2014 is vacated by the Court by Judge Dean D. Pregerson. (Made JS-6. Case Terminated.) (lc) (Entered: 11/19/2014)
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