Docket Sheet

Alec Ferretti v. Pennsylvania Historical and Museum Commission and Direct Interest Participants

OOR Dkt. No.: AP 2022-2106
Case Status: Remanded

01/26/2023

09/22/2022

Isenberg, Kelly

Commonwealth

Request sought "All documents scanned (and subsequent indexes and metadata created) pursuant to the contract signed in 2008 between PHMC and The Generations Network, along with all documents scanned (and subsequent indexes and metadata created) pursuant to any addenda to that contract, including but not limited to all birth and death records and metadata for birth and death records." The Request is sufficiently specific under Sec. 703 of the RTKL. The agency did not prove that the records are exempt archived materials. The agency did not prove that the records are not within its possession, custody or control because they are reachable under Sec. 506(d)(1) of the RTKL. The metadata is not a private record in the possession of a thirty party under 506(d)(2). Because the Requester is not a PA resident, referral to free access on Ancestry.com does not satisfy the Request under Sec. 704 of the RTKL. Agency did not prove that it unable to download the records or that the records consist of a complex and extensive dataset under Section 1307(b)(4)(ii). Granted.

Clause Exemption Result
708 (b) (24) Library archived and museum materials, or valuable or rare book collections or documents contributed by gift, grant, bequest or devise, to the extent of any limitations imposed by the donor as a condition of the contribution. Granted
Agency Invoked an Extension The agency invoked a 30 day extension to respond to the request.
Not in Possession, Custody, or Control of Agency Not in Possession, Custody, or Control of Agency Granted
Other Section of RTKL Refer to other section of RTKL Granted
Requester Granted Extension to OOR The requester granted the OOR a 30, 60, or 90 day extension to issue a final determination in the appeal.
Section 703 - Specificity Section 703 - Specificity Granted
Docket Entries
Filed Description Step Court Document
09/18/2023 Court Order Remanding Appeal back to OOR Court Filing Commonwealth Court (190 CD 2023)
09/01/2023 Ancestry.Com Brief Court Filing Commonwealth Court (190 CD 2023)
09/01/2023 Ancestry.Com Supplemental Record Court Filing Commonwealth Court (190 CD 2023)
08/28/2023 Requester Application for Extension of Time to file Brief Court Filing Commonwealth Court (190 CD 2023)
07/28/2023 Application for Extension of Time to file Brief Court Filing Commonwealth Court (190 CD 2023)
07/11/2023 Ancestry.Com Entry of Appearance Court Filing Commonwealth Court (190 CD 2023)
07/11/2023 Ancestry.Com filed Unopposed Application to Intervene Court Filing Commonwealth Court (190 CD 2023)
05/23/2023 OOR Certified Record Court Filing Commonwealth Court (190 CD 2023)
04/14/2023 Court Notice of Filing Appeal Court Filing Commonwealth Court (190 CD 2023)
02/27/2023 Agency Petition for Review Court Filing Commonwealth Court (190 CD 2023)
01/26/2023 OOR Final Determination Final Determination
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