PER CURIAM.
Plaintiff A.C.
Plaintiff's son, D.F., was previously enrolled in the Collingswood Public School System. In January 2009, plaintiff filed a due process petition alleging the Board violated her son's rights under the Individuals with Disabilities Education Act, 20
On June 13, 2010, while plaintiff's due process petition was pending before the ALJ, plaintiff's attorney submitted an OPRA request to the Board for access to the following documents:
Scott Oswald, Ed.D, Collingswood's Superintendent of Schools, responded in a letter dated June 16, 2010. Oswald stated the Board was providing copies of the billing statements submitted by the Board's attorney with certain information redacted:
Thereafter, on June 25, 2010, a Board employee e-mailed plaintiff's attorney fifty-one pages of documents.
The first two pages of the documents consisted of a contract between the Board and its attorney for legal services from July 1, 2009 through June 30, 2010. The remaining pages were invoices for legal services rendered by the Board's attorney. However, for the most part, the names of the people the attorney spoke to or corresponded with were redacted from the invoices.
On July 26, 2010, plaintiff filed a verified complaint and order to show cause (OTSC) to compel the Board to disclose the names of the people who communicated with its attorney. Plaintiff specified, however, that she was not challenging "the redactions to the extent that they excise the motive of the client in seeking representation, litigation strategy, the specific nature of the services provided, such as researching particular areas of law, or other matters that are legitimately privileged or exempt from access." In the second count of the complaint, plaintiff claimed entitlement to the information pursuant to her common law right of access to public records. The court granted the OTSC on August 6, 2010.
On the return date of the OTSC, the court directed the Board to provide unredacted billing statements for an in camera review, together with a supporting legal memorandum. Despite plaintiff's request, the court did not order the Board to prepare "a detailed privilege log explaining and justifying each redaction."
In its supplemental submission, the Board argued that its employees had a right to communicate with the Board's attorney regarding the ongoing litigation without "fear that the timing and frequency of each contact will be promptly made public." The Board also argued that the redacted information would provide insight into the Board's legal strategy because the communications took place while the parties were involved in litigation.
On November 12, 2010, after conducting an in camera review of the unredacted records and considering the parties' additional arguments, the court found that "learning with whom an attorney is speaking is just as important and in some cases even more important than learning what an attorney is researching." The court also found that disclosure of the redacted information could "undermine the [Board's] rights and strategy" in the ongoing special education litigation. Accordingly, the court denied plaintiff's application and dismissed her complaint without prejudice until the underlying litigation was concluded.
In this appeal, plaintiff argues, among other things, that the trial court's decision should be reversed because the Board failed to establish that the redacted material was privileged and exempt under OPRA. Plaintiff also claims she is entitled to disclosure pursuant to her common law right of access to public records.
However, we do not address the merits of plaintiff's arguments at this stage of the proceedings because the order dated November 12, 2010, denying plaintiff's application without prejudice is not a final appealable order.
It is equally clear that the November 12, 2010 order is not a final judgment appealable as of right under
In view of the foregoing, the appeal is dismissed without prejudice to plaintiff's right to seek relief from the trial court after the parties' underlying litigation has been concluded.
Dismissed.