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FPL Group, Inc. v. Internal Revenue Service

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


May 14, 2010

FPL GROUP, INC., PLAINTIFF,
v.
INTERNAL REVENUE SERVICE, DEFENDANT.

The opinion of the court was delivered by: Ellen Segal Huvelle United States District Judge

MEMORANDUM OPINION

This matter is before the Court on the cross-motions for summary judgment brought by defendant Internal Revenue Service and plaintiff FPL Group, Inc. on plaintiff's claims under the Freedom of Information Act. The Court previously granted defendant's motion in part and denied it in part, denied plaintiff's cross-motion in part, and ordered defendant to produce the remaining documents at issue for in camera review and to file supporting affidavits. See FPL Group, Inc. v. I.R.S., No. 09-CV-652, 2010 WL 890219, at *22 (D.D.C. Mar. 12, 2010). After defendant submitted the documents in camera and filed several declarations and Vaughn indexes, the Court invited plaintiff to submit a response and objections to defendant's filings.

(See Pl.'s Response re: Apr. 20, 2010 Order ("Pl.'s Response").) Based on the Court's review of each of the documents submitted in camera, and having reviewed defendants' recently filed declarations and Vaughn Index, as well as plaintiff's response and objections, the Court will grant defendant's motion and deny plaintiff's cross-motion.

The Court need not address plaintiff's contentions that "the declarations submitted by Defendant do not comply with the Court's Order with respect to claims of deliberative process privilege," and that the agency attorney's declarations describing the in camera submissions "fail to show an adequate basis for the other claims of privilege . . . ." (Pl.'s Response at 1-2.) Those declarations were requested merely to supplement the Court's review of the submitted documents, in the event that the basis for each document's exemption claim could not be discerned from its face or the Vaughn indexes. The Court has reviewed each document, aided both by the indexes and the declarations, and based on this review, it concludes that the exemptions asserted have been properly claimed.*fn1

A separate order accompanies this Memorandum Opinion.

SO ORDERED.


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