Case Name: Libertarians for Transparent Government (LFTG) v. Borough of Caldwell
Docket Number: ESX-L-005197-16
Filing Date: August 3, 2016
Presiding Judge: Covello, Frank
The complainant sought settlement correspondence and draft agreements traded between the parties to a lawsuit in which the Borough of Caldwell was the defendant. At the time of the complainant’s records request, the case had been marked “settled” by the court but no formal, signed settlement agreement had yet been finalized. Caldwell argued that it was not required to produce a “tentative settlement” that had been exchanged between the lawsuit parties but was “not yet approved or effectuated” at the time of the complainant’s records request.
On September 14, 2016, Judge Covello orally ruled that the tentative agreement–a June 22nd letter–was responsive to the complainant’s records request and that there was no lawful reason allowing Caldwell to withhold it.
On September 27, 2016, Judge Covello ordered Caldwell to pay the plaintiff’s attorney $5,199.84 in court costs and attorney fees.
Order to show cause, Complaint, and opposition briefs filed by both parties
September 27, 2016 Court order