Goodrich Corp. v. Clark

837 N.E.2d 953, 361 Ill. App. 3d 1033, 297 Ill. Dec. 502, 2005 Ill. App. LEXIS 1096, 2005 WL 2932295
CourtAppellate Court of Illinois
DecidedOctober 31, 2005
Docket4—05—0040, 4—05—0148 cons.
StatusPublished
Cited by7 cases

This text of 837 N.E.2d 953 (Goodrich Corp. v. Clark) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goodrich Corp. v. Clark, 837 N.E.2d 953, 361 Ill. App. 3d 1033, 297 Ill. Dec. 502, 2005 Ill. App. LEXIS 1096, 2005 WL 2932295 (Ill. Ct. App. 2005).

Opinion

JUSTICE APPLETON

delivered the opinion of the court:

In March 2004, plaintiff, Goodrich Corporation (Goodrich), filed a cause of action under the Freedom of Information Act (FOIA) (5 ILCS 140/1 through 11 (West 2002)) against defendant, J. Anthony Clark, Director of the Illinois Department of Insurance, demanding documents concerning Kemper Insurance Company (Kemper). After the initiation of the cause of action, the Illinois Department of Insurance became the Division of Insurance under the Department of Financial and Professional Regulation (Division), and Deirdre K. Manna replaced J. Anthony Clark as acting Director. The Division appeals the circuit court’s two respective December 2004 orders (1) denying the Division’s motion to vacate the trial court’s order to index Goodrich’s tenth FOIA request and (2) granting Goodrich’s partial summary judgment motion requiring the Division to turn over to Goodrich the records requested in Goodrich’s tenth FOIA request as well as the “nonexamination” documents the Division identified in the first 26 pages of an index it created in response to Goodrich’s FOIA request. The Division argues the court erred in ordering the Division to index documents responsive to Goodrich’s tenth FOIA request and in granting Goodrich’s partial summary judgment motion ordering the Division to release documents requested in Goodrich’s tenth FOIA request and other “nonexamination” documents because disclosure of the records is prohibited by law. Goodrich argues (1) this court does not have jurisdiction to review the circuit court’s order refusing to vacate the trial court’s indexing order and whether the indexing order was proper and (2) the trial court did not err in granting Goodrich’s motion for partial summary judgment. We dismiss appeal No. 4 — 05—0040. We affirm in part, vacate in part, and remand appeal No. 4 — 05—0148.

I. BACKGROUND

In December 2003, Goodrich served the Division with an FOIA request, seeking copies of records in 20 specified categories. Later that month, the Division responded to the request, stating it was unable to locate any records in response to seven of Goodrich’s requests but would make some of the documents requested in eight of Goodrich’s requests available for inspection. However, the Division informed Goodrich that the remaining records responsive to the eight requests and all documents responsive to five other Goodrich requests were exempt from public disclosure. Goodrich filed an administrative appeal of the Division’s nondisclosure determinations. In February 2004, the Director of the Division affirmed the Division’s decision.

In March 2004, Goodrich filed suit under the FOIA, seeking declaratory and injunctive relief against the Division. In July 2004, the Division agreed to provide Goodrich with a document-by-document index of the documents the Division had found exempt from disclosure for all but Goodrich’s tenth FOIA request.

At a July hearing before the trial court, the Division argued it had no obligation to index or even disclose the existence of documents responsive to Goodrich’s tenth FOIA request. The Division contended it was statutorily prohibited by section 35A — 50 of the Insurance Code (Code) (215 ILCS 5/35A — 50 (West 2002)) from either confirming or denying the existence of corrective orders or risk-based capital plans that might be responsive to Goodrich’s tenth FOIA request. The court disagreed and ordered the Division to prepare and provide to Goodrich an index of all the documents responsive to Goodrich’s tenth request by August 2, 2004.

On August 2, 2004, the Division supplied Goodrich with an index of the documents Goodrich asked for in its FOIA request, including a list of some documents responsive to Goodrich’s tenth FOIA request that the Division determined did not fall within the purview of section 35A— 50(a) of the Code (215 ILCS 5/35A — 50(a) West 2002)). However, with regard to any other documents the Division possibly possessed responsive to Goodrich’s tenth FOIA request, the Division filed a motion to reconsider and vacate the trial court’s indexing order.

On August 26, 2004, Goodrich filed a motion for partial summary judgment and for an expedited in camera review, requesting the trial court order the Division (1) to disclose all documents listed on pages 1 through 26 of its FOIA index, which the Division labeled as “nonexamination” documents, and all nonindexed documents responsive to Goodrich’s tenth FOIA request and (2) submit a cross section of 50 of what the Division labeled as “examination” documents listed on pages 27 through 115 of the Division’s FOIA index for in camera review. Goodrich also filed a memorandum in opposition to the Division’s motion to reconsider and vacate and in support of its motion for partial summary judgment and expedited in camera review.

On December 13, 2004, the trial court entered an order denying the Division’s motion to reconsider and vacate the court’s order requiring the Division to index documents responsive to Goodrich’s tenth FOIA request. Judge Graves signed and dated this order on December 8, 2004. In addition, on December 13, 2004, the court entered another order granting Goodrich’s (1) motion for partial summary judgment ordering the Division to turn over to Goodrich all documents listed on the first 26 pages of its FOIA index and any documents responsive to Goodrich’s tenth FOIA request and (2) motion for expedited in camera review of 50 documents listed in pages 27 through 115 of the Division’s FOIA index.

On January 12, 2005, the Division filed a notice of interlocutory appeal, No. 4 — 05—0040, under Supreme Court Rule 307(a) (188 Ill. 2d R. 307(a)), from the trial court’s two orders filed on December 13, 2004. On February 1, 2005, Goodrich filed a motion to dismiss the Division’s interlocutory appeal in this court. In the motion, Goodrich argued the appeal is time-barred, jurisdictionally barred, and frivolous. On February 7, 2005, the Division filed a motion for leave to file a late notice of interlocutory appeal if this court determines the trial court’s order requiring the Division to index any documents responsive to Goodrich’s tenth FOIA request was entered on December 8, 2004, instead of December 13, 2004, which was the date the order was file stamped. On February 16, 2005, the Division filed an objection to Goodrich’s motion to dismiss the Division’s interlocutory appeal. That same day, Goodrich filed a memorandum in opposition to the Division’s motion for leave to file late notice of interlocutory appeal, arguing not only that the appeal was untimely but also jurisdictionally barred. This court has taken both of these motions with the case. Goodrich is no longer pursuing the untimeliness argument pursuant to its appellee’s brief. As a result, we need not address the Division’s motion for leave to file a late notice of appeal because that issue has been abandoned by Goodrich.

On or about February 7, 2005, the Division filed a motion for entiy of a Supreme Court Rule 304(a) (155 Ill. 2d R. 304(a)) finding in the trial court with regard to the court’s December 13, 2004, order granting Goodrich’s motion for partial summary judgment and expedited in camera review.

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837 N.E.2d 953, 361 Ill. App. 3d 1033, 297 Ill. Dec. 502, 2005 Ill. App. LEXIS 1096, 2005 WL 2932295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodrich-corp-v-clark-illappct-2005.