Case Detail

FOIA Project Annotation: Judge Richard Leon has ruled that records pertaining to import restrictions on ancient coins from China, Italy and Cyprus, most of which were created by the State Department's Cultural Property Advisory Committee, were properly withheld under a variety of exemptions, most prominently Exemption 3 (other statutes). Leon agreed with the State Department that because information concerning negotiations of the Cultural Property Advisory Committee was not subject to the open meetings or records access provisions of the Federal Advisory Committee Act, it must therefore be exempt from FOIA as well. Leon indicated that "although 19 U.S.C. § 2605(h) [of the Convention on Cultural Property Implementing Act] does not explicitly mention FOIA, it nevertheless specifically exempts a provision of the Federal Advisory Committee Act that makes FOIA's provisions applicable to the advisory committee. Thus, 19 U.S.C. § 2605(h) is a disclosure-prohibiting statute." Leon agreed with the agency's claim that the information must be withheld "so as not to interfere with the multi-step decision-making process and the ability to work with the foreign government requester in the possible negotiation of a bilateral agreement, if such course is warranted." Further, the provision also provided for non-disclosure of information submitted in confidence by the private sector. Leon agreed with the agency that emails contained information "provided in confidence to either the State Department staff or to the advisory committee, often by archaeologists, curators, collectors, dealers, and auction house specialists, with the expectation of confidence. Such confidence was necessary in order for individuals to disclose information about the quantity, quality, and objects of looting." Leon also approved withholding identifying information about State Department and Customs Border Patrol employees, as well as private individuals, under Exemption 6 (invasion of privacy). Leon noted that the State Department had indicated because career State Department employees had been "denounced in harsh personal accusations in public fora" the privacy interest outweighed any public interest in disclosure. Although courts routinely say that the privacy exemptions to do not apply to embarrassment or harassment, they just as routinely accept these rationales as the basis for withholding information.
Issues: Exemption 3 - Statutory prohibition of disclosure, Exemption 6 - Invasion of privacy

FOIA Project Annotation: Judge Richard Leon has ruled that the State Department has justified its claim that 19 U.S.C. § 2605(i)1) protected an exchange between archeological professor Danielle Parks and Andrew Cohen of the agency's Bureau of Educational and Cultural Affairs concerning ancient coins. The parties agreed that the section should be interpreted along the same lines as Exemption 7(D) (confidential sources). Leon noted that "based on the evidence provided by State, that there was a demonstrated expectation of confidentiality between the parties and that the redacted portions of the e-mails have been appropriately withheld under Exemption 3(b)." Even though he contorted the facts, Leon insisted that Parks had requested confidentiality. But he said Cohen "requested that [Parks] 'please be discreet about our conversation," and she replied "of course, not a problem.'" She later pointed out that several people had asked her about the conversation and she had said nothing. The information also related to an upcoming meeting that was closed to the public. Using this explanation, Leon concluded that "these facts, coupled with the concrete textual indications of confidentiality on the face of the e-mails, clearly establish an expectation of confidentiality between the parties." Leon also approved of the agency's search for any further emails. He noted that "beginning in October 2009, the State Department implemented an electronic backup system that retains Bureau e-mail communications for only the preceding six months. Any e-mail communication deleted more than six months prior to the time of a FOIA request search would not be retrievable. As such, a renewed search for responsive e-mails in this system would reveal no additional communications not previously uncovered in the initial FOIA searches, and, therefore, is unwarranted."
Issues: Exemption 3 - Limited agency discretion

Date Filed	Doc #	Docket Text
2007-11-15	1	COMPLAINT against UNITED STATES DEPARTMENT OF STATE ( Filing fee $ 350, receipt number 4616008298) filed by ANCIENT COIN COLLECTORS GUILD, INTERNATIONAL ASSOCIATION OF PROFESSIONAL NUMISMATISTS, PROFESSIONAL NUMISMATISTS GUILD, INC.. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 11/16/2007)
2007-11-15		SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General. (jf, ) (Entered: 11/16/2007)
2007-11-15	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PROFESSIONAL NUMISMATISTS GUILD, INC. (jf, ) (Entered: 11/16/2007)
2007-11-16	3	STANDING ORDER. Signed by Judge Richard J. Leon on 11/16/2007. (CMcP, ) (Entered: 11/16/2007)
2007-12-03	4	SUMMONS Returned Executed by ANCIENT COIN COLLECTORS GUILD. UNITED STATES DEPARTMENT OF STATE served on 11/19/2007, answer due 12/19/2007. (Hodes, Scott) (Entered: 12/03/2007)
2007-12-03	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 11/20/07. (Hodes, Scott) (Entered: 12/03/2007)
2007-12-03	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. (Hodes, Scott) (Entered: 12/03/2007)
2007-12-05	7	NOTICE of Appearance by Brian P. Hudak on behalf of UNITED STATES DEPARTMENT OF STATE (Hudak, Brian) (Entered: 12/05/2007)
2007-12-19	8	Unopposed MOTION for Extension of Time to File Answer by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 12/19/2007)
2007-12-22		MINUTE ORDER granting 8 Unopposed MOTION for Extension of Time to File Answer by UNITED STATES DEPARTMENT OF STATE. It is hereby ORDERED that defendant has until 1/8/08 to answer or otherwise respond to the Complaint. Signed by Judge Richard J. Leon on 12/22/07. (lcrjl2, ) (Entered: 12/22/2007)
2008-01-08	9	ANSWER to Complaint by UNITED STATES DEPARTMENT OF STATE. Related document: 1 Complaint, filed by PROFESSIONAL NUMISMATISTS GUILD, INC., INTERNATIONAL ASSOCIATION OF PROFESSIONAL NUMISMATISTS, ANCIENT COIN COLLECTORS GUILD.(Hudak, Brian) (Entered: 01/08/2008)
2008-01-29	10	Joint MOTION To Set Schedule by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/29/2008)
2008-02-04		MINUTE ORDER granting 10 Joint MOTION To Set Schedule by UNITED STATES DEPARTMENT OF STATE. It is hereby ORDERED that the above-captioned case be governed by the following schedule: To the extent defendant identifies documents that require comment, review and/or processing by other agencies, defendant will send such documents to such other agencies and notify plaintiffs of such requirement by 5/9/08. For all other documents responsive to the FOIA requests at issue, by 5/9/08, defendant will complete its processing and provide plaintiffs with (a) documents and portions of documents that it deems releasable under the FOIA, (b) a statement as to whether it has withheld any documents, and (c) a description of the FOIA exemptions it has relied upon in withholding any material. Upon reviewing the released documents, plaintiffs shall notify defendant of its intent to continue this action by 6/2/08. If plaintiffs chose to continue this action, plaintiffs shall specify in such notification what portions of defendants processing and response they continue to challenge, including which redactions or withholdings they wish to challenge. Should plaintiffs choose to continue this action, defendant shall file a dispositive motion and/or Vaughn index by 6/27/08; plaintiffs response to such motion shall be due 7/25/08; and defendants reply shall be due 8/8/08. Signed by Judge Richard J. Leon on 2/4/08. (lcrjl2, ) (Entered: 02/04/2008)
2008-06-24	11	Joint MOTION for Extension of Time to File Dispositive Motion by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 06/24/2008)
2008-07-02		MINUTE ORDER granting nunc pro tunc 11 Joint MOTION for Extension of Time to File Dispositive Motion by UNITED STATES DEPARTMENT OF STATE. It is hereby ORDERED that defendant has up to and including 9/26/2008 to file a dispositive motion and/or Vaughn index; plaintiffs have up to and including 10/24/2008 to file any opposition thereto; and defendant has up to and including 11/14/2008 to file its reply. Signed by Judge Richard J. Leon on 7/2/2008. (lcrjl2) (Entered: 07/02/2008)
2008-07-03		Set/Reset Deadlines/Hearings: Dispositive Motions and or Vaughn index due by 9/26/2008. Response to Dispositive Motions due by 10/24/2008. Reply to Dispositive Motions due by 11/14/2008. (lin, ) (Entered: 07/03/2008)
2008-09-17	12	Unopposed MOTION for Extension of Time to File Dispositive Motion and/or Vaughn Index by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 09/17/2008)
2008-09-19		MIINUTE ORDER granting 12 Unopposed MOTION for Extension of Time to File Dispositive Motion and/or Vaughn Index by UNITED STATES DEPARTMENT OF STATE. It is hereby ORDERED that defendant has up to and including 10/10/2008 to file a dispositive motion and/or Vaughn index; plaintiffs have up to and including 11/7/2008 to file any opposition thereto; and defendant has up to and including 11/28/2008 to file its reply. Signed by Judge Richard J. Leon on 9/19/2008. (lcrjl2) (Entered: 09/19/2008)
2008-09-19		Set/Reset Deadlines. Defendant's Dispositive Motions and/or Vaughn Index due by 10/10/2008. plaintiff's Opposition due by 11/7/2008. Defendant's Reply due by 11/28/2008. (kc) (Entered: 09/19/2008)
2008-10-09	13	Unopposed MOTION for Extension of Time to Current Dispositive Motion Schedule by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 10/09/2008)
2008-10-13		MINUTE ORDER granting nunc pro tunc 13 Unopposed MOTION for Extension of Time to Current Dispositive Motion Schedule by UNITED STATES DEPARTMENT OF STATE. It is hereby ORDERED that defendant has up to and including 11/7/2008 to file a dispositive motion and/or Vaughn index; plaintiffs have up to and including 12/5/2008 to file any opposition thereto; and defendant has up to and including 12/24/2008 to file its reply. Signed by Judge Richard J. Leon on 10/13/2008. (lcrjl2) (Entered: 10/13/2008)
2008-10-14		Set/Reset Deadlines: Defendant's Dispositive Motions and/or Vaughn Index due by 11/7/2008. Plaintiff's Opposition to Dispositive Motions due by 12/5/2008. Defendant's Reply due by 12/24/2008. (kc) (Entered: 10/14/2008)
2008-11-07	14	Joint MOTION for Extension of Time to File Motion for Summary Judgment and Vaughn Index by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 11/07/2008)
2008-11-13		MINUTE ORDER granting nunc pro tunc 14 Joint MOTION for Extension of Time to File Motion for Summary Judgment and Vaughn Index by UNITED STATES DEPARTMENT OF STATE. It is hereby ORDERED that defendant has up to and including 2/20/2009 to file a dispositive motion and/or Vaughn index; plaintiffs have up to and including 3/20/2009 to file any opposition thereto; and defendant has up to and including 4/10/2009 to file its reply. Signed by Judge Richard J. Leon on 11/13/2008. (lcrjl2) (Entered: 11/13/2008)
2008-11-14		Set/Reset Deadlines: Defendant's Dispositive Motions/Vaughn Index due by 2/20/2009. Plaintiffs Opposition due by 3/20/2009. Defendants Reply due by 4/10/2009. (kc) (Entered: 11/14/2008)
2009-02-19	15	Unopposed MOTION for Extension of Time to File Dispositive Motion / Vaughn Index by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 02/19/2009)
2009-02-22		ORDER granting nunc pro tunc 15 Motion for Extension of Time. Signed by Judge Richard J. Leon on 02/22/09. (lcrjl2) (Entered: 02/22/2009)
2009-03-13	16	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit A1 (Grafeld Decl.), # 2 Exhibit A2 (Exhibits to Grafeld Decl.), # 3 Exhibit B (Ninth FOIA Request), # 4 Exhibit C (05/22/2008 Letter), # 5 Exhibit D (FACA), # 6 Statement of Facts, # 7 Text of Proposed Order)(Hudak, Brian) (Entered: 03/13/2009)
2009-03-24	17	Unopposed MOTION for Extension of Time to file Opposition to Defendant's Motion for Summary Judgment by ANCIENT COIN COLLECTORS GUILD (Attachments: # 1 Text of Proposed Order)(Hodes, Scott) (Entered: 03/24/2009)
2009-03-24		ORDER granting 17 Motion for Extension of Time. Signed by Judge Richard J. Leon on 03/24/09. (lcrjl2) (Entered: 03/24/2009)
2009-03-25	18	ERRATA by UNITED STATES DEPARTMENT OF STATE 16 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Affidavit (Supplemental Grafeld Declaration))(Hudak, Brian) (Entered: 03/25/2009)
2009-04-24	19	Cross MOTION for Summary Judgment by ANCIENT COIN COLLECTORS GUILD (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Statement of Facts, # 15 Statement of Facts, # 16 Text of Proposed Order)(Hodes, Scott) . (Entered: 04/24/2009)
2009-04-24	20	Memorandum in opposition to re 16 MOTION for Summary Judgment filed by ANCIENT COIN COLLECTORS GUILD. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Statement of Facts, # 15 Statement of Facts, # 16 Text of Proposed Order)(Hodes, Scott) (Entered: 04/24/2009)
2009-05-15	21	Consent MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 05/15/2009)
2009-05-18		MINUTE ORDER granting nunc pro tunc 21 Consent Motion for Extension of Time to File Reply. Replies due by 5/19/2009. Signed by Judge Richard J. Leon on 05/18/09. (lcrjl2) (Entered: 05/18/2009)
2009-05-18		Set/Reset Deadlines/Hearings: Replies due by 5/19/2009. (kc) (Entered: 05/18/2009)
2009-05-19	22	Memorandum in opposition to re 19 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Exhibit 1 (ACCG Release), # 2 Exhibit 2 (Coinlink Article), # 3 Exhibit 3 (Coinlink Homepage), # 4 Statement of Facts)(Hudak, Brian) (Entered: 05/19/2009)
2009-05-19	23	REPLY to opposition to motion re 16 MOTION for Summary Judgment and In Opposition to Plaintiffs' Cross-Motion for Summary Judgment (Same Content as Docket Entry No. 22) filed by UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Exhibit 1 (ACCG Release), # 2 Exhibit 2 (Coinlink Article), # 3 Exhibit 3 (Coinlink Homepage), # 4 Statement of Facts)(Hudak, Brian) (Entered: 05/19/2009)
2009-05-20	24	Unopposed MOTION for Extension of Time to file Reply to Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment by ANCIENT COIN COLLECTORS GUILD (Attachments: # 1 Text of Proposed Order)(Hodes, Scott) (Entered: 05/20/2009)
2009-05-21		ORDER granting 24 Motion for Extension of Time. Plaintiffs' reply is due on June 9, 2009. Signed by Judge Richard J. Leon on 05/21/09. (lcrjl2) (Entered: 05/21/2009)
2009-05-22		Set/Reset Deadlines/Hearings: Plaintiff's reply due by 6/9/2009. (kc) (Entered: 05/22/2009)
2009-05-27	25	ERRATA by UNITED STATES DEPARTMENT OF STATE 22 Memorandum in Opposition, filed by UNITED STATES DEPARTMENT OF STATE, 23 Reply to opposition to Motion, filed by UNITED STATES DEPARTMENT OF STATE. (Hudak, Brian) (Entered: 05/27/2009)
2009-06-09	26	REPLY to opposition to motion re 19 Cross MOTION for Summary Judgment filed by ANCIENT COIN COLLECTORS GUILD. (Hodes, Scott) . (Entered: 06/09/2009)
2009-11-23	27	MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 11/20/09. (kc) (Entered: 11/23/2009)
2009-11-23	28	ORDER, For reasons set forth above, it is this 20th day of November, 2009, hereby ORDERED that the Motion 16 for Summary Judgment is GRANTED and it is further ORDERED that the Cross-Motion 19 for Summary Judgment is DENIED and the above-captioned case be dismissed with prejudice. SO ORDERED. Signed by Judge Richard J. Leon on 11/20/2009. (see order.)(kc) (Entered: 11/23/2009)
2009-12-22	29	NOTICE OF APPEAL as to 28 Order on Motion for Summary Judgment,,, 27 Memorandum & Opinion by ANCIENT COIN COLLECTORS GUILD, INTERNATIONAL ASSOCIATION OF PROFESSIONAL NUMISMATISTS, PROFESSIONAL NUMISMATISTS GUILD, INC.. Filing fee $ 455, receipt number 0090-2052243. Fee Status: Fee Paid. Parties have been notified. (Hodes, Scott) (Entered: 12/22/2009)
2009-12-23		USCA Case Number 09-5439 for 29 Notice of Appeal, filed by PROFESSIONAL NUMISMATISTS GUILD, INC., INTERNATIONAL ASSOCIATION OF PROFESSIONAL NUMISMATISTS, ANCIENT COIN COLLECTORS GUILD. (rdj) (Entered: 12/23/2009)
2009-12-23	30	Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 29 Notice of Appeal,. (jf, ) (Entered: 12/23/2009)
2011-06-23	31	MANDATE of USCA (certified copy) as to 29 Notice of Appeal, filed by PROFESSIONAL NUMISMATISTS GUILD, INC., INTERNATIONAL ASSOCIATION OF PROFESSIONAL NUMISMATISTS, ANCIENT COIN COLLECTORS GUILD ; USCA Case Number 09-5439. ORDERED and ADJUDGED that the judgment of the District Court appealed from in this cause is hereby reversed as to the sufficiency of State's search for responsive e-mails (to the extent noted in the opinion) and as to its withholding of parts of a document under 19 U.S.C. § 2605(i)(1); affirmed as to all other claims; and the case remanded for proceedings, in accordance with theopinion of the court filed herein this date. (Attachments: # 1 USCA Opinion)(kb) (Entered: 06/29/2011)
2011-08-30		Set/Reset Hearings: Status Conference set for 9/9/2011 12:00 PM in Courtroom 18 before Judge Richard J. Leon. (kc ) (Entered: 08/30/2011)
2011-09-01	32	Joint MOTION to Set Schedule on Remand and , Joint MOTION to Continue Status Conference by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 09/01/2011)
2011-09-06		MINUTE ORDER granting 32 Joint Motion to Set Schedule on Remand And Continue Court Conference. It is hereby ORDERED that the motion is GRANTED.Signed by Judge Richard J. Leon on 9/6/11. (lcrjl2) (Entered: 09/06/2011)
2011-09-08		Terminate Hearings: The 9/9/2011 Status Conference is hereby vacated and reset to a date to be determined. (kc) (Entered: 09/08/2011)
2011-10-14	33	MOTION for Summary Judgment (Renewed) by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Exhibit (3d Grafeld Decl.), # 2 Statement of Facts, # 3 Text of Proposed Order)(Hudak, Brian) (Entered: 10/14/2011)
2011-11-14	34	Memorandum in opposition to re 33 MOTION for Summary Judgment (Renewed) filed by ANCIENT COIN COLLECTORS GUILD. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Hodes, Scott) (Entered: 11/14/2011)
2011-12-01	35	REPLY to opposition to motion re 33 MOTION for Summary Judgment (Renewed) filed by UNITED STATES DEPARTMENT OF STATE. (Hudak, Brian) (Entered: 12/01/2011)
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