Chicago Tribune Co. v. U.S. Department of Health & Human Services

70 F. Supp. 2d 832, 1998 U.S. Dist. LEXIS 22377, 1998 WL 1120526
CourtDistrict Court, N.D. Illinois
DecidedMarch 20, 1998
DocketNo. 95 CV 3917
StatusPublished
Cited by1 cases

This text of 70 F. Supp. 2d 832 (Chicago Tribune Co. v. U.S. Department of Health & Human Services) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chicago Tribune Co. v. U.S. Department of Health & Human Services, 70 F. Supp. 2d 832, 1998 U.S. Dist. LEXIS 22377, 1998 WL 1120526 (N.D. Ill. 1998).

Opinion

ORDER

MANNING, District Judge.

In this Freedom of Information Act case, plaintiff Chicago Tribune Company seeks: (1) enforcement of the court’s March 31, 1997 judgment in its favor, pursuant to Fed.R.Civ.P. 70; and (2) attorneys’ fees pursuant to 5 U.S.C. § 552(a)(4)(E). For the following reasons, the Tribune’s motion to enforce is granted and its application for attorneys’ fees is granted in part and denied in part. Specifically, the Tribune is awarded $97,210.21 in attorneys’ fees and costs for work performed as of the date of the fee petition. If the Tribune wishes to supplement its petition for work performed subsequently, it may file a supplemental fee application and supporting affidavit within 21 days of the date of the entry of this order. The parties are reminded to confer regarding any such application,- as required by General Rule 47.

I. The Tribune’s Motion to Enforce

The Tribune seeks to enforce the court’s March 31, 1997 judgment in its favor, pursuant to Fed.R.Civ.P. 70. The government opposes this request, contending that the judgment requires them to produce certain records that it does not possess and has no right to obtain. The government also contends that its motions to reconsider and to stay enforcement of the judgment (which were recently denied) excuse its non-compliance with the court’s judgment. Finally, the government objects to the Tribune’s characterization of it as “delinquent” or “disobedient,” contending that it was exercising its right to seek reconsideration of the court’s ruling. See Fed.R.Civ.P. 70. In reply, the Tribune notes that the government failed to file timely objections to the magistrate judge’s report and recommendation and that the judgment is enforceable under Fed. R.Civ.P. 62(a) as more than ten days have passed since its entry.

It is a fact beyond peradventure that a party who elects not to file timely objections to a magistrate judge’s report and recommendations runs the risk that the court will not consider its objections when the party raises those objections later in another guise. That is exactly what has happened here. The government filed a motion for leave to file its objections to the report and recommendation two days after the final three week extension had passed. The court ultimately ruled that “[cjourt ordered deadlines are non-negotiable” and denied the motion for reconsideration and for a stay of the judgment. The government cannot obtain “back door” consideration of them untimely objections by simply refiling them as a motion to reconsider.

[835]*835Thus, the Tribune is entitled to enforcement of the judgment. If the government indeed cannot comply with the judgment, it may assert a defense of impossibility in the course of enforcement proceedings. The option of simply deciding not to comply with the court’s orders, however, is not available. Accordingly, the Tribune’s motion to enforce judgment [78-1] is granted.

II. The Tribune’s Motion for Attorneys’ Fees

The Freedom of Information Act provides that the court “may assess against the United States reasonable attorneys’ fees and other litigation costs in any case under this section in which the complainant has substantially prevailed.” 5 U.S.C. § 552(a)(4)(e). The Tribune seeks an award of $122,924.95 in attorneys’ fees and costs. The government contends that the court should not award attorneys’ fees and costs. Alternatively, it argues that the requested attorneys’ fees and costs should be reduced by $11,691.87, if the court decides to award attorneys’ fees and costs in the first instance.

In considering whether an award of attorneys’ fees and costs under FOIA is appropriate, the court must first determine that the movant “substantially prevailed.” Stein v. Department of Justice, 662 F.2d 1245, 1261-62 (7th Cir.1981). If so, the court must then consider, at a minimum: (1) the benefit to the public, if any, derived from the case; (2) the commercial benefit to the complainant; (3) the nature of the complainant’s interest in the records sought; and (4) whether the government’s withholding of the records had a reasonable basis in law. Id.

The government concedes, correctly, that the Tribune substantially prevailed, given that the court adopted the magistrate judge’s report and recommendation in favor of the Tribune and denied its motion to reconsider. It also concedes that the first three factors of the Stein test favor the Tribune. Nevertheless, the government contends that these factors do not weigh strongly in the Tribune’s favor as it is a major metropolitan media outlet with a long-standing relationship with a large Chicago law firm. It also focuses on the last Stein factor, arguing that its position was reasonable and that it did not withhold the records for an improper purpose.

A. Did the Tribune “Substantially Prevail”?

A party “substantially prevails” when the filing of its FOIA case in large part causes or induces the defendant to turn over the requested documents. DeBold v. Stimson, 735 F.2d 1037, 1041 (7th Cir.1984); Whalen v. Internal Revenue Service, No. 92 CV 4841, 1993 WL 532506 *3 (N.D.Ill.Dec.20, 1993). Here, the Tribune easily qualifies as a “substantially prevailing” party because it is clear that the government would not have turned over the requested information without this lawsuit. Indeed, the government has not turned over the information as of this date, despite the fact that the court’s judgment was not stayed and it was thus obligated to turn over the documents long ago. See Fed.R.Civ.P. 62(a). Thus, the court turns to whether, in its discretion, the Tribune should receive attorneys’ fees and costs.

B. The Stein Factors

The four factors set forth in Stein “reflect Congress’ policy in enacting FOIA’s fee provision to encourage persons who normally would find court costs and attorneys’ fees prohibitive to bring actions to force governmental compliance with FOIA mandates ... and to promote ‘more efficient, prompt, and full disclosure of information.’ ” Whalen v. Internal Revenue Service, 1993 WL 532506 at *3, citing Solone v. Internal Revenue Service, 830 F.Supp. 1141, 1142 (N.D.Ill.1993), and quoting DeBold, 735 F.2d at 1043. When a party “substantially prevails,” the court may consider the Stein factors as well as any other factors it deems relevant to the question of whether the complainant should receive fees and costs. Id. at *5.

[836]*8361. The Public Benefit, the Commercial Benefit to the Tribune, and the Nature of the Tribune’s Interest in the Records

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Burlington Free Press v. University of Vermont
779 A.2d 60 (Supreme Court of Vermont, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
70 F. Supp. 2d 832, 1998 U.S. Dist. LEXIS 22377, 1998 WL 1120526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chicago-tribune-co-v-us-department-of-health-human-services-ilnd-1998.