Case Detail

FOIA Project Annotation: A federal court in Washington has ruled that U.S. Immigration and Customs Enforcement has failed to show that incentive rates used by Talton Communications in 2009 to obtain a contract to provide phone services for ICE detention centers are protected by Exemption 4 (confidential business information). Prison Legal News, which had been investigating the phone rates charged to prisoners, requested the information. Nearly a year after filing the request, and four months after filing suit, ICE provided most of the records, but withheld the 2009 incentive rates, claiming that disclosure could harm Talton Communications' ability to compete for a 2015 contract. The court rejected the agency's claim that disclosure of the incentive rates would harm Talton, noting that "the record shows that price was the deciding factor in 2009, and that the performance incentive rate was one piece of Talton's price proposal." The court added that "that a contractor's performance incentive rate will be the single determinative factor in a future bidding process is pure speculation and. . .cannot support a finding that Talton is likely to sustain substantial competitive harm from disclosure of the performance incentive rate." Prison Legal News argued the agency's year-long delay constituted egregious behavior on the part of the agency. The court agreed and pointed out that "response times of this sort clearly exceed the unambiguous time allowance contemplated by Congress."
Issues: Exemption 4 - Competitive harm

Date Filed	Doc #	Docket Text
2014-04-02	1	COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FOR VIOLATION OF THE FREEDOM OF INFORMATION ACT, 5 U.S.C. § 552 against defendant(s) United States Department of Homeland Security and Immigration and Customs and Enforcement (Receipt # 0981-3558938), filed by Prison Legal News. (Attachments: # 1 Civil Cover Sheet)(Galloway, Angela) Modified on 4/3/2014 to edit name of defendant.(PM) (Entered: 04/02/2014)
2014-04-02	2	PRAECIPE TO ISSUE SUMMONS re 1 Complaint, by Plaintiff Prison Legal News. (Attachments: # 1 Summons, # 2 Summons)(Galloway, Angela) (Entered: 04/02/2014)
2014-04-02	3	APPLICATION OF ATTORNEY Robert Jack FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Prison Legal News (Fee Paid) Receipt No. 0981-3559063. (Galloway, Angela) (Entered: 04/02/2014)
2014-04-02	4	APPLICATION OF ATTORNEY Lance Weber FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Prison Legal News (Fee Paid) Receipt No. 0981-3559079. (Galloway, Angela) (Entered: 04/02/2014)
2014-04-02	5	ORDER re 3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Robert Jack for Prison Legal News, by William M. McCool. (No document associated with this docket entry, text only.)(DS) (Entered: 04/02/2014)
2014-04-02	6	ORDER re 4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Lance Weber for Prison Legal News, by William M. McCool. (No document associated with this docket entry, text only.)(DS) (Entered: 04/02/2014)
2014-04-03		Hon. Brian A Tsuchida added. (PM) (Entered: 04/03/2014)
2014-04-03	7	Summons issued electronically as to defendant United States Department of Homeland Security. (Attachments: # 1 Summons - ICE)(PM) (Entered: 04/03/2014)
2014-04-03		NOTICE Pursuant to Fed.R.Civ.P 7.1 Plaintiff Prison Legal News must file a Corporate Disclosure Statement by 4/10/2014. (PM) (Entered: 04/03/2014)
2014-04-07	8	CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Human Rights Defense Center for Prison Legal News. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Prison Legal News. (Galloway, Angela) (Entered: 04/07/2014)
2014-04-14	9	SERVICE OF SUMMONS and Complaint returned executed upon defendant Immigration and Customs and Enforcement on 4/3/2014; United States Department of Homeland Security on 4/3/2014 (RS) (Entered: 04/15/2014)
2014-04-29	10	NOTICE of Appearance by attorney Kayla Stahman on behalf of Defendants Immigration and Customs and Enforcement, United States Department of Homeland Security. (Stahman, Kayla) (Entered: 04/29/2014)
2014-04-30	11	NOTICE OF INITIAL ASSIGNMENT TO A US MAGISTRATE JUDGE AND CONSENT OR DECLINE FORM. If consent or decline, return the executed form by 5/21/2014. Please Note: Forms must not be electronically filed with the Court. (AE) (Entered: 04/30/2014)
2014-05-05	12	ANSWER to 1 Complaint, by Immigration and Customs and Enforcement, United States Department of Homeland Security.(Stahman, Kayla) (Entered: 05/05/2014)
2014-05-19	13	MINUTE ORDER REASSIGNING CASE by William M. McCool. Case reassigned to Judge Marsha J. Pechman for all further proceedings. Hon. Brian A Tsuchida no longer assigned to case. (cc to MJP) (AE) (Entered: 05/19/2014)
2014-05-20	14	ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 7/1/2014, FRCP 26f Conference Deadline is 6/17/2014, Initial Disclosure Deadline is 6/24/2014, by Judge Marsha J. Pechman. (RM) (Entered: 05/20/2014)
2014-07-01	15	JOINT STATUS REPORT signed by all parties estimated Trial Days: -.. (Stahman, Kayla) (Entered: 07/01/2014)
2014-08-08	16	Stipulated MOTION To Hold Case in Abeyance by Defendants Immigration and Customs and Enforcement, United States Department of Homeland Security. (Attachments: # 1 Proposed Order) Noting Date 8/8/2014, (Stahman, Kayla) (Entered: 08/08/2014)
2014-08-12	17	NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Robert Jack for Plaintiff Prison Legal News. (Jack, Robert) (Entered: 08/12/2014)
2014-08-12	18	ORDER granting 16 Stipulated Motion to hold case in Abeyance, by Judge Marsha J. Pechman.(MD) (Entered: 08/13/2014)
2014-09-08	19	STIPULATION Re Case Schedule and Order by parties (Stahman, Kayla) (Entered: 09/08/2014)
2014-09-10	20	STIPULATION AND ORDER re 19 Stipulation re: case schedule filed by Immigration and Customs and Enforcement, United States Department of Homeland Security by Judge Marsha J. Pechman. (MD) (Entered: 09/10/2014)
2014-11-13	21	Stipulated MOTION to Extend Briefing Schedule by Defendants Immigration and Customs and Enforcement, United States Department of Homeland Security. Noting Date 11/13/2014, (Stahman, Kayla) (Entered: 11/13/2014)
2014-11-14	22	ORDER granting 21 Stipulated Motion to extend briefing schedule by Judge Marsha J. Pechman.(MD) (Entered: 11/17/2014)
2015-01-20	23	STIPULATION AND PROPOSED ORDER to Amend the Complaint by parties (Galloway, Angela) (Entered: 01/20/2015)
2015-01-20	24	MOTION for Summary Judgment by Plaintiff Prison Legal News. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 4/24/2015, (Galloway, Angela) (Entered: 01/20/2015)
2015-01-20	25	DECLARATION of Paul Wright filed by Plaintiff Prison Legal News re 24 MOTION for Summary Judgment (Galloway, Angela) (Entered: 01/20/2015)
2015-01-26	26	STIPULATION AND ORDER re 23 Stipulation to amend complaint filed by Prison Legal News by Judge Marsha J. Pechman. (MD) (Entered: 01/26/2015)
2015-02-04	27	AMENDED ANSWER to 1 Complaint, by Immigration and Customs and Enforcement, United States Department of Homeland Security. (Stahman, Kayla) (Entered: 02/04/2015)
2015-02-20	28	RESPONSE, by Defendants Immigration and Customs and Enforcement, United States Department of Homeland Security, to 24 MOTION for Summary Judgment . (Attachments: # 1 Proposed Order)(Stahman, Kayla) (Entered: 02/20/2015)
2015-02-20	29	DECLARATION of Fernando Pineiro re 28 Response to Motion by Defendants Immigration and Customs and Enforcement, United States Department of Homeland Security (Attachments: # 1 Exhibit 1)(Stahman, Kayla) (Entered: 02/20/2015)
2015-02-20	30	DECLARATION of Christine Kelly re 28 Response to Motion by Defendants Immigration and Customs and Enforcement, United States Department of Homeland Security (Attachments: # 1 Exhibit 2, # 2 Exhibit 3)(Stahman, Kayla) (Entered: 02/20/2015)
2015-02-20	31	DECLARATION of Julius Talton re 28 Response to Motion by Defendants Immigration and Customs and Enforcement, United States Department of Homeland Security (Stahman, Kayla) (Entered: 02/20/2015)
2015-02-20	32	DECLARATION of Albert Dainton re 28 Response to Motion by Defendants Immigration and Customs and Enforcement, United States Department of Homeland Security (Stahman, Kayla) (Entered: 02/20/2015)
2015-03-02	33	AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FOR VIOLATION OF THE FREEDOM OF INFORMATION ACT, 5 U.S.C. § 552 against defendant(s) All Plaintiffs, filed by Prison Legal News.(Galloway, Angela) (Entered: 03/02/2015)
2015-03-17	34	PRAECIPE to attach document (Exhibits A-K) re 33 Amended Complaint by Plaintiff Prison Legal News (Attachments: # 1 Exhibit A-J to Amended Complaint, # 2 Exhibit K to Amended Complaint)(Galloway, Angela) (Entered: 03/17/2015)
2015-03-17	35	ANSWER to 33 Amended Complaint by Immigration and Customs and Enforcement, United States Department of Homeland Security.(Stahman, Kayla) (Entered: 03/17/2015)
2015-03-20	36	REPLY, filed by Plaintiff Prison Legal News, TO RESPONSE to 24 MOTION for Summary Judgment (Galloway, Angela) (Entered: 03/20/2015)
2015-04-24	37	REPLY, filed by Defendants Immigration and Customs and Enforcement, United States Department of Homeland Security, TO RESPONSE to 24 MOTION for Summary Judgment (Stahman, Kayla) (Entered: 04/24/2015)
2015-04-24	38	DECLARATION of Shannon Ely filed by Defendants Immigration and Customs and Enforcement, United States Department of Homeland Security re 24 MOTION for Summary Judgment (Stahman, Kayla) (Entered: 04/24/2015)
2015-06-18	39	ORDER granting 24 Plaintiff's Motion for Summary Judgment and Denying Defendants' cross-motion for summary judgment, by Judge Marsha J. Pechman.(MD) (Entered: 06/18/2015)
2015-06-18	40	JUDGMENT BY COURT THE COURT HAS ORDERED THAT The Court GRANTS Plaintiff's Motion for Summary Judgment and DENIES Defendants' Cross-Motion for Summary Judgment. (MD) (Entered: 06/18/2015)
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