The FAA has released responsive records for Rojas v. FAA 5, with regards to the Shelton Snow email investigation. We are currently reviewing the release, and will be reviewing the Government’s future supplemental response to the Court informing of the justification for the withholdings it made. That deadline is currently for May 26, 2017. FAA had stated that “evidently there are additional responsive documents,” although we had thought it was for another request part of the case.
The DOJ on late Friday morning filed a “Notice of Filing Signed Declaration” for Rojas v. FAA 5, specifically for its Motion for Summary Judgment, where it says that:
Ms. Graves was unavailable to sign her declaration at the time of filing the Statement of Facts. Her declaration was therefore filed without her signature.
FAA filed its Motion for Summary Judgment at 8:44PM the day it was due for Rojas v. FAA. Talk about a long day for DOJ attorneys.
Some interesting quotes below. We will reserve our commentary for the Response.
Motions practice for Rojas v. FAA 5 is expected to start Thursday, given that FAA has yet to seek an extension of time. It appears that the agency’s withholdings will be litigated in full given that no responses have been provided since the Complaint was filed.
The Honorable G. Murray Snow
Judge Snow has issued a scheduling order for Rojas v. FAA 5, filed last week. In that order, Federal Defendants are required to answer the lawsuit in 30 days, instead of the 60 day summons previously issued.It is possible the FAA will seek an extension though. The case was also assigned to the EXPEDITED track, similar to Rojas v. FAA 3 and Rojas v. FAA 4.
The counter for the agency to file a Motion for Summary Judgment is also 6 months from now. It is therefore likely that any records the agency will turn over without resorting to litigation will be turned over by then.