FOIA Request - Premier, Inc. (Federal Trade Commission)

Bailey Pillon filed this request with the Federal Trade Commission of the United States of America.
Tracking #

FOIA-2023-01424

Multi Request FOIA Request - Premier, Inc.
Status
Completed

Communications

From: Bailey Pillon

To Whom It May Concern:

Pursuant to the Freedom of Information Act and Privacy Act, 5 U.S.C. § 552. I hereby request the following records:

All records related to Premier, Inc. from from 2013 to 2023 (present day) within your agency's possession.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

If you deny any part of this request, please cite each specific exemption you think justifies your refusal to release the information and notify me of appeal procedures available under the law.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statue requires.

Sincerely,

Bailey Pillon

From: Federal Trade Commission

Hello,

Thank you for submitting your Freedom of Information Act (FOIA) request to the Federal Trade Commission (FTC). Someone from our office will reach out to you as soon as possible regarding the status of your request.

Sincerely,

The FTC FOIA Unit

From: Federal Trade Commission

Dear Requester:

This correspondence acknowledges the receipt of your Freedom of Information Act (FOIA) request dated July 18, 2023 seeking all records relating to Premier Inc. between 2013 and 2023. This request has been temporarily placed on hold.

As written, the request is too broad and would be unduly burdensome on the agency to process. "[A]n agency need not respond to a request that is so broad as to impose an unreasonable burden upon the agency, such as one which requires the agency to locate, review, redact, and arrange for inspection a vast quantity of material." See Serv. Women's Action Network v. Dep't of Def., 888 F. Supp. 2d 282, 290 (D. Conn. 2012) (internal quotation marks omitted); see also Halpern v. F.B.I., 181 F.3d 279, 288 (2d Cir. 1999) ("[A]n agency need not conduct a search that plainly is unduly burdensome.").

We invite you to narrow the scope of your FOIA request. To avoid the closing of your FOIA request, we ask that you please respond to this message within 10 days. Please note, the closing of your request will not prohibit you from submitting requests in the future.

If you would like to schedule a meeting to discuss, please respond to this message when proposed date and times for next week. In any call or future correspondence concerning the request, please refer to the following case number #FOIA-2023-01424.
--
Lindsay A. Robinson (she/her)
General Attorney
Federal Trade Commission
Office of the General Counsel, FOIA
600 Pennsylvania Ave. NW, Washington, DC 20580
(202) 326-3401 | lrobinson@ftc.gov<mailto:lrobinson@ftc.gov>

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From: Bailey Pillon

Hi there,

I revise narrow my timeframe to 2020 to 2023, to the day of the processing of this request. Please let me know if this still overly burdensome or produces too many results.

Sincerely,

Bailey Pillon

From: Federal Trade Commission

Hello,

Thanks for your response. The request is still too broad as it seeks all records “relating to.” The FOIA requires more specificity from the requester on the records they seek. The date range is helpful but it does not allow the FOIA Unit to target its search. Again, if you would like to discuss further, I’d be happy to schedule a meeting with you.

Lindsay A. Robinson (she/her)
General Attorney
Office of General Counsel, FOIA
Federal Trade Commission
600 Pennsylvania Avenue NW
Washington, DC 20580
(202) 390-4516 | lrobinson@ftc.gov

[X]

From: Bailey Pillon

Dear Ms. Robinson,

What are the categories that I may request from the FTC regarding Premier, Inc?

Sincerely,

Bailey Pillon

From: Bailey Pillon

One aspect I am highly interested in is:

1. All records related to Premier, Inc and their transactions or contracts with AdventHealth (also known as Adventist Health System or Adventist Health System/Sunbelt Healthcare Co. d/b/a AdventHealth) within your agency's possession with the revised timeframe I specified applied thereto.

See here: https://www.adventhealth.com/services/adventhealth-business-services/suppliers

In the link above, AdventHealth, on their official website acknowledges dealings with Premier, Inc. The problem with that is that the AdventHealth CEO/President is Terry D Shaw and he is also the Board Chair of Premier, Inc. so there are obvious defects there, to say the least.

Please still enumerate the categories of records I may request from the FTC.

Sincerely,

Bailey Pillon

From: Federal Trade Commission

Hello,

Your request can be updated to the description you provided below. The agency is not required under the FOIA to share what records the FTC might have, since the requester is responsible for providing a description sufficient enough for the agency to conduct its search. I can move forward with processing based on what you provided below.
--
Lindsay A. Robinson (she/her)
General Attorney
Federal Trade Commission
Office of the General Counsel, FOIA
600 Pennsylvania Ave. NW, Washington, DC 20580
(202) 326-3401 | lrobinson@ftc.gov<mailto:lrobinson@ftc.gov>

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From: Bailey Pillon

To Whom It May Concern:

To preface, I will restate the initial message but with the revised timeframe and specificity regarding records I seek within your agency's possession:

Pursuant to the Freedom of Information Act and Privacy Act, 5 U.S.C. § 552. I hereby request the following records:

All records related to Premier, Inc. from from 2020 to 2023, to the day of the processing of this request within your agency's possession.

In terms of criteria:
1. Agency: FTC
2. Scope: Premier, Inc.
3. Timeframe: 2020 to 2023, to the day of the processing of this request within your agency's possession.
4. Description: All related related to:
a. Public documents related to FTC enforcement actions involving the company.
b. Records of adjudicative proceedings where the company was involved.
c. FTC advisory opinions and policy statements concerning business practices in the company's industry.
d. Orders to file special reports under Section 6(b) of the FTC Act.
e. Public hearing transcripts and public comments related to the company.
f. Staff manuals and instructions that may outline procedures for handling cases involving the company or its industry.
g. Non-confidential portions of consumer complaints involving the company.
h. Non-confidential reports or studies involving the company.

In summation, I request all records with respect to the criteria, meaning with the scope, timeframe, and description applied thereto.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

If you deny any part of this request, please cite each specific exemption you think justifies your refusal to release the information and notify me of appeal procedures available under the law.

Please let me know if this revision is satisfactory or if additional clarification is still needed.

Thank you,

Bailey Pillon

From: Bailey Pillon

In addition:

i. Consumer complaint related to the company, Premier, Inc.

Sincerely,
Bailey Pillon

From: Federal Trade Commission

I will add this additional portion to your request, but any other modifications or records sought will need to be submitted as a new FOIA request.
--
Lindsay A. Robinson (she/her)
General Attorney
Federal Trade Commission
Office of the General Counsel, FOIA
600 Pennsylvania Ave. NW, Washington, DC 20580
(202) 326-3401 | lrobinson@ftc.gov<mailto:lrobinson@ftc.gov>

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From: Bailey Pillon

To Whom It Concern:

Thank you for that and I will follow your instruction going forward.

Sincerely,

Bailey Pillon

From: Federal Trade Commission

Dear Requester,

Attached you will find the final response to your FOIA request.
--
Lindsay A. Robinson (she/her)
General Attorney
Federal Trade Commission
Office of the General Counsel, FOIA
600 Pennsylvania Ave. NW, Washington, DC 20580
(202) 326-3401 | lrobinson@ftc.gov<mailto:lrobinson@ftc.gov>

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