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Cause of Action v. National Archives and Records Administration

REPLY to opposition to motion re MOTION for Summary Judgment

22 Cited authorities

  1. Department of Justice v. Tax Analysts

    492 U.S. 136 (1989)   Cited 819 times   1 Legal Analyses
    Holding that documents are only “agency records” within the meaning of FOIA if the agency both “create or obtain” the documents and “control” them

  2. Burka v. U.S. Department of Health

    87 F.3d 508 (D.C. Cir. 1996)   Cited 217 times
    Holding that outside firms acted on behalf of a federal agency in creating data tapes when the agency exercised extensive supervision and control over data collection and analysis

  3. Consumer Federation of America v. Department of Agriculture

    455 F.3d 283 (D.C. Cir. 2006)   Cited 120 times
    Finding that electronic calendars were records subject to FOIA when they were broadly distributed within the agency and other employees at the agency used and relied on them

  4. Church of Scientology of Cal. v. I.R.S

    792 F.2d 146 (D.C. Cir. 1986)   Cited 129 times
    Holding that § 6103 is an Exemption 3 statute

  5. United We Stand America, Inc. v. Internal Revenue Service

    359 F.3d 595 (D.C. Cir. 2004)   Cited 56 times   2 Legal Analyses
    Holding that portions of agency records may be redacted as non-agency records

  6. Judicial Watch v. Fed. Hous. Finance Agency

    646 F.3d 924 (D.C. Cir. 2011)   Cited 40 times
    Holding that documents transferred to FHFA by entities for which it was the conservator were not agency records, notwithstanding the entities' intent to relinquish control and FHFA's ability to use and dispose of the documents as it saw fit

  7. Singh v. Napolitano

    710 F. Supp. 2d 123 (D.D.C. 2010)   Cited 19 times
    Holding that the court lacked jurisdiction

  8. McKinley v. Bd. of Governors of the Fed. Reserve Sys.

    849 F. Supp. 2d 47 (D.D.C. 2012)   Cited 13 times
    Holding that "cull[ing] selected facts . . . from the mass of available information" to assist a "decision making process" fell under privilege

  9. Citizens for Responsibility & Ethics v. United States Department of Homeland Security

    527 F. Supp. 2d 76 (D.D.C. 2007)   Cited 12 times
    Holding that the visitor records at issue here continue to be "agency records" for purposes of FOIA even after they are transferred to the White House or OVP and internally destroyed

  10. Williams v. Dodaro

    806 F. Supp. 2d 246 (D.D.C. 2011)   Cited 6 times
    Declining to apply mixed-motive analysis on summary judgment where the plaintiff's "amended complaint and previous pleadings . . . ma[de] clear that she ha[d] been proceeding throughout th[e] litigation on a single motive theory"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,736 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 552 - Public information; agency rules, opinions, orders, records, and proceedings

    5 U.S.C. § 552   Cited 12,169 times   556 Legal Analyses
    Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party

  13. Section 6103 - Confidentiality and disclosure of returns and return information

    26 U.S.C. § 6103   Cited 1,336 times   29 Legal Analyses
    Recognizing an individual's right to privacy with regard to disclosure of tax returns

  14. Section 6110 - Public inspection of written determinations

    26 U.S.C. § 6110   Cited 283 times   3 Legal Analyses
    Providing that IRS internal memoranda "may not be used or cited as precedent"

  15. Section 2111 - Material accepted for deposit

    44 U.S.C. § 2111   Cited 23 times

    (a) IN GENERAL.-When the Archivist considers it to be in the public interest the Archivist may accept for deposit- (1) the papers and other historical materials of a President or former President of the United States, or other official or former official of the Government, and other papers relating to and contemporary with a President or former President of the United States, subject to restrictions agreeable to the Archivist as to their use; and (2) recorded information (as such term is defined

  16. Section 2108 - Responsibility for custody, use, and withdrawal of records

    44 U.S.C. § 2108   Cited 7 times

    (a) The Archivist shall be responsible for the custody, use, and withdrawal of records transferred to him. When records, the use of which is subject to statutory limitations and restrictions, are so transferred, permissive and restrictive statutory provisions with respect to the examination and use of records applicable to the head of the agency from which the records were transferred or to employees of that agency are applicable to the Archivist and to the employees of the National Archives and