Following our Friday filing of a status report regarding the issues remaining in the litigation, Judge G. Murray Snow has ordered the parties to appear for a Status Conference in the next few weeks.
The subject of the DOT IG investigation, presumably Mr. Snow, alleged to have released answers for the BQ to ATCS applicants, provided contradictory information to DOT IG and FAA officials as to whether he “coached” individuals. FAA investigators say “It may be enough for the LOB to take action”, but clearly, no action seems to have been taken.
We wonder who’s picture this is.
We also wonder how the picture is:
records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information could reasonably be expected to constitute an unwarranted invasion of personal privacy.
Also, FAA stated in its response letter that the redactions under 7(C) were regarding “names and contact information” for DOT IG agents.
Along with investigating the allegations concerning the hiring process, FAA officials in the investigative branch of the FAA conducted a “Facebook Compilation” of Rojas.
The FAA did not provide the actual .docx, and we will be notifying the Court of the missing attachments.
We are currently reviewing the Snow investigation file.
Here’s a small gem, “he” refers to Rojas.
“Anyhow, more information is leaking out about the whole situation, and they are making all the minor discrepancies in information look as bad as possible.”
The FAA has indicated that it has mailed the Shelton Snow investigation file, pursuant to Court order.
We expect to receive the documents soon, and will then need to determine if any issues remain. Based on the FAA’s response letter, it appears that redactions were made outside of the confines of the Court’s order.
Additionally, pursuant to the Court’s order, the agency provided two additional declarations, which are supposed to both detail the search efforts along with describing why records that were found to be responsive before were no longer responsive.
Less than one week remains for the FAA to provide the records responsive to the Shelton Snow investigation request. The known total of records is at least 3,000. 2,000 pages were previously identified, and the FAA has recently “found” more.
ORDER: The Unopposed Motion for Extension of Time to Provide Documents to Plaintiff 28 is granted. The deadline for Defendants to provide documents to Plaintiff in response to FOIA Request 9570 pursuant to this Court’s Order 27 , is extended until March 9, 2018. Defendants will provide Plaintiff, by March 9, 2018, with a declaration detailing and describing the search performed, along with an explanation of the reasons why records were identified as potentially responsive and then later found not responsive. IT IS FURTHER ORDERED that the deadline for Plaintiff to inform this Court whether this action may be dismissed is extended until March 16, 2018. Signed by Judge G Murray Snow on 2/21/2018. (REK) (Entered: 02/21/2018)
The BQ validation appeal case has been selected for Oral Argument by the Ninth Circuit Court of Appeals. The argument will be scheduled for around the second half of this year.
The day prior to the court ordered deadline to produce records for Rojas v. FAA 5, the agency emailed for a three week extension of time. As part of that request, the agency asserted that it may be withholding documents as well. We opposed, and after several iterations, the language of the extension was finalized, and filed a few hours before the Court’s original deadline.
The extension of time only applies to one of the FOIA requests at issue.
Noteworthy is that the agency released 40 pages, of the many listed on the Vaughn Index, for the request they are requesting the extension for, despite there being many more documents listed in the Index. We are currently reviewing the production, but are also concerned as to why the FAA has not released records responsive to the other requests yet.
More coming soon….
The judge has yet to approve this extension of time.
Less than 10 days remain for the FAA to comply with Judge G. Murray Snow’s order. The Judge held, in early December, that the FAA had improperly withheld hundreds of documents concerning the Shelton Snow investigation. The FAA was then given six weeks to comply at a hearing one month thereafter.