Judge Snow GRANTS FAA Extension for Rojas v. FAA 5!

Judge G. Murray Snow has granted an extension of time for the FAA to continue searching for more records which it has magically found. The records appeared out of thin air following FAA reading our response to their Motion for Summary Judgment. Nevertheless, FAA was on notice about the adequacy of search issues since the appeal phase and nevertheless decided to litigate the issue.

You can’t hide the I drive, NBCFAE and Civil Rights.

20 – E Order 3067


“Evidently there are additional responsive documents…” DOJ Seeks Rojas v. FAA 5 Extension!

Yesterday the DOJ requested a 20-day extension of time to provide its Reply to our Response in Opposition to Defendant’s Motion for Summary Judgment in Rojas v. FAA 5. DOJ states that it has found more records for one of the FOIAs at issue.

The deadline for DOJ was next Tuesday and the new deadline will be May 15th.

DOJ explains its reasoning for the extension request as follows:

Defendants seek the extension because evidently there are additional responsive documents to one of the FOIA requests at issue in this matter. Defendants need additional time to complete their search and review the documents. Defendants intend to address these additional documents in their reply.

In addition, certain employees of Defendants who will be providing declarations for the reply have been out of the office for a few days to a couple of weeks and won’t return until the day before the reply is due, so would be unable to have their declarations prepared in time.

Maybe now the I drive will actually appear? Note, we aren’t sure if that is the FOIA they are talking about.

Whether or not additional records will be released or withheld will be revealed in about 3 weeks. We will also be doing another round of motion practice, as new documents that weren’t previously addressed will be addressed for the first time.

We did not oppose the extension, we always look forward to working with the DOJ in making sure that the agency complies with its responsibility outside of litigation.

Now if only it also started sending out more docs for the rest of the requests.

We can’t wait to read those new declarations, and respond to them.

18 – M Extension

Ms. Yohe, assessing fees & invoking “unusual circumstances”

This week it is Ms. Melanie Yohe, who we haven’t heard about in a while (to be precise, March 11, 2016.) Ms. Yohe emailed on April 5th, invoking unusual circumstances on a request for FAA Employee J.B. Goelz’s emails. We are in the process of additional fact discovery of J.Bs roles in the hiring bids and training. Ms. Yohe also emailed us on April 6th, about the same request, assessing fees.

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Judge Snow approves page limit extension Rojas v. FAA 5

We previously posted about our page limit extension request. Judge Snow has approved that.

Notice of Electronic Filing
The following transaction was entered on 4/4/2017 at 3:27 PM MST and filed on 4/4/2017

Case Name: Rojas v. Federal Aviation Administration et al
Case Number: 2:16-cv-03067-GMS
Document Number: 16(No document attached)

Docket Text:
IT IS HEREBY ORDERED granting [15] the Stipulated Motion to Enlarge Page Requirement for Plaintiff’s Response to Defendant’s Motion for Summary Judgment by 3 pages, up to 20 pages. Ordered by Judge G. Murray Snow.(GMS, ag)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)