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Robert S. Carlborg v. Department of the Navy

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 20-5311 · judgment March 8, 2021

Certiorari denied · December 13, 2021
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below and a circuit split argued in the petition.

Question presented

Barring a general or specific exemption for a SOR claimed by an agency, does an individual making a first party request for his own record retrieved by his name or other personal identifier under the Privacy Act gain unrestricted access regardless of whether the requestor’s record contains material that may have been authored by another individual that is not retrieved by the name of the individual within the requestor’s record?

Counsel of record

For petitioner
Charles William Gittins
Attorney at Law

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 20 2022
    Petition of Robert Carlborg for rehearing not accepted for filing. (March 11, 2022)
  2. Jan 14 2022
    Petition of Robert Carlborg for rehearing not accepted for filing. (March 11, 2022)
  3. Dec 13 2021
    Petition DENIED.
  4. Nov 23 2021
    DISTRIBUTED for Conference of 12/10/2021.
  5. Nov 17 2021
    Reply of petitioner Robert Carlborg filed.
    Main DocumentCertificate of Word CountProof of Service
  6. Nov 04 2021
    Brief of respondent United States Department of the Navy in opposition filed.
    Main DocumentProof of Service
  7. Oct 21 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including November 4, 2021.
  8. Oct 20 2021
    Motion to extend the time to file a response from October 25, 2021 to November 4, 2021, submitted to The Clerk.
    Main Document
  9. Sep 20 2021
    Motion to extend the time to file a response is granted and the time is extended to and including October 25, 2021.
  10. Sep 17 2021
    Motion to extend the time to file a response from September 23, 2021 to October 25, 2021, submitted to The Clerk.
    Main Document
  11. Aug 20 2021
    Petition for a writ of certiorari filed. (Response due September 23, 2021)
    PetitionCertificate of Word CountProof of Service