Leavitt

MEMORANDUM **

AIDS Healthcare Foundation (“AIDS Healthcare”) appeals the district court’s order denying in part its motion for summary judgment. We have jurisdiction under 28 U.S.C. § 1291 .

This court follows a two-step standard of review for motions for summary judgment in cases brought pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 et seq. See Minier v. Cent. Intelligence Agency, 88 F.3d 796, 800 (9th Cir.1996). First, we determine “whether the district [court] had an adequate factual basis” for its decision. Id. We do so by “review[ing] the underlying facts supporting the district court’s decision for clear error.” Schiffer v. FBI, 78 F.3d 1405, 1409 (9th Cir.1996). Second, if we conclude that the district court had an adequate factual basis for its decision, we then review de novo the district court’s determination whether an exemption to FOIA applies. See id.

AIDS Healthcare submitted several grant applications to Defendants Michael Leavitt, Secretary of the Department of Health and Human Services Administra *956 tion; the Health Resources Services Administration; and the Department of Health and Human Services Administration (collectively (“Health…