Pub. Citizen, Inc. v. HUD, No. 19-00915, 2020 WL 1479517 (D.D.C. Mar. 26, 2020) (Nichols, J.)

Pub. Citizen, Inc. v. HUD, No. 19-00915, 2020 WL 1479517 (D.D.C. Mar. 26, 2020) (Nichols, J.)

Re:  Request for records concerning unofficial housing policy shift by Defendant

Disposition:  Denying defendant's motion for partial summary judgment; denying plaintiff's motion for partial summary judgment

Litigation Considerations:  "The Court has before it no Vaughn index, no comprehensive list of challenged redactions, and no government affidavits explaining the rationale for considering all of HUD's specific redactions as records separate and distinct from the produced materials."  "To be sure, the government has submitted an affidavit providing explanations for certain records produced in the early stages of litigation, . . . but the Court anticipates that there will be additional disputed redactions for which the government will need to articulate its basis for treating them as separate records."  "The Court does not believe it makes sense to rule on some challenged redactions and then to have to revisit the topic in the context of additional documents."  "The Court therefore denies both Cross-Motions for Partial Summary Judgment without prejudice and invites the Parties to renew their motions once HUD has handed over all documents it claims are responsive and a Vaughn index, and once Public Citizen has had an opportunity to review the documents and form objections to specific redactions (or categories thereof)."  "[Plaintiff] will also have an opportunity at that point to challenge other withholdings (such as redactions on the basis of one of the available statutory exemption categories) and any other aspects of HUD's response Public Citizen believes to have been unlawful."