Commerce Department Says No to VTDigger Appeal of FOIA Decision
Don’t let VTDigger appeal a district court order finding FirstNet exempt from Freedom of Information Act requests, the Commerce Department said Thursday at U.S. District Court in Burlington, Vermont. The department opposed (in Pacer) the local news organization’s request that…
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the district court certify interlocutory appeal of its order to the 2nd Circuit U.S. Court of Appeals (see 1712260024). "Plaintiffs have not satisfied any of the requirements for an interlocutory appeal under 28 U.S.C. § 1292(b),” DOC said. VTDigger can’t appeal the court’s Dec. 20 order on a motion for partial summary judgment because it’s not technically a final decision and the case isn’t exceptional, the department said. Other reasons include that the plaintiffs didn’t identify a pure question of law, the district court rulings "were plainly correct" and an appeal "would likely complicate and draw out the litigation,” DOC said.