No. 21-133

Jorge Alejandro Rojas v. Federal Aviation Administration

Lower Court: Ninth Circuit
Docketed: 2021-08-02
Status: Denied
Type: Paid
Amici (1)
Tags: administrative-law agency-records circuit-split consultant-corollary foia-exemption-5 freedom-of-information-act inter-agency-memoranda judicial-circuit-split statutory-interpretation
Key Terms:
Arbitration JusticiabilityDoctri
Latest Conference: 2022-01-07
Question Presented (from Petition)

Whether the Ninth Circuit, in a sharply divided en banc decision, erred by adopting the consultant corollary and holding that "intra-agency memorandums or letters" in FOIA's Exemption 5 encompasses documents prepared by APTMetrics, a private, outside consultant.

Question Presented (AI Summary)

Whether the Ninth Circuit erred by adopting the consultant corollary and holding that 'intra-agency memorandums or letters' in FOIA's Exemption 5 encompasses documents prepared by a private, outside consultant

Docket Entries

2022-01-10
Petition DENIED.
2021-12-15
DISTRIBUTED for Conference of 1/7/2022.
2021-12-13
Reply of petitioner Jorge Alejandro Rojas filed. (Distributed)
2021-11-29
Brief of respondent Federal Aviation Administration in opposition filed.
2021-10-26
Motion to extend the time to file a response is granted and the time is further extended to and including November 29, 2021.
2021-10-22
Motion to extend the time to file a response from November 1, 2021 to November 29, 2021, submitted to The Clerk.
2021-09-27
Motion to extend the time to file a response is granted and the time is further extended to and including November 1, 2021.
2021-09-24
Motion to extend the time to file a response from October 1, 2021 to November 1, 2021, submitted to The Clerk.
2021-09-01
Brief amicus curiae of Cato Institute filed.
2021-08-16
Motion to extend the time to file a response is granted and the time is extended to and including October 1, 2021.
2021-08-13
Motion to extend the time to file a response from September 1, 2021 to October 1, 2021, submitted to The Clerk.
2021-07-29
Petition for a writ of certiorari filed. (Response due September 1, 2021)

Attorneys

Cato Institute
Joseph Carl Cecere Jr.Cecere PC, Amicus
Federal Aviation Administration
Elizabeth B. PrelogarSolicitor General, Respondent
Jorge Alejandro Rojas
Naomi Jean ScottenOrrick, Herrington & Sutcliffe LLP, Petitioner