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Case TitleSchwartz v. United States Drug Enforcement Administration
DistrictEastern District of New York
CityBrooklyn
Case Number1:2013cv05004
Date Filed2013-09-06
Date ClosedOpen
JudgeJudge Carol Bagley Amon
PlaintiffMattathias Schwartz
Case DescriptionMattathias Schwartz, a freelance journalist, submitted a request to the DEA for records about an operation that took place near Ahuas, Honduras in May 2012. Schwartz also requested expedited processing. The agency acknowledged his request and told him it would process the request as soon as possible. However, after a series of queries concerning the status of the request, the agency still had not provided a response. Schwartz appealed the agency's delay. After hearing nothing further from the agency on the resolution of his appeal, Schwartz filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Drug Enforcement Administration
AppealSecond Circuit 16-750
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [70]
FOIA Project Annotation: A federal court in New York has rejected the DEA's attempt to withhold under Exemption 7(E) (investigative methods and techniques) large portions of a video of a drug operation in Honduras involving both DEA agents and Honduran National Police taken by a U.S. Customs and Border Protection surveillance plane because the agency has not shown that the video contains any methods or techniques that are not already publicly known. Mattathias Schwartz, an investigative journalist freelancing for the New Yorker, requested records about the Ahuas Incident, particularly a surveillance video taken of the operation. In 2012, at the request of the Honduran government, the DEA and the Tactical Response Team of the Honduran National Police commenced Operation Anvil, a joint operation aimed at disrupting and interdicting drug traffickers in northeastern Honduras. On the night of May 11, 2012, a small aircraft suspected of carrying drugs was detected in rural Honduras. A team of DEA agents and Honduran police took off in helicopters to intercept the aircraft. The entire operation was tracked covertly by a CBP surveillance plan. In the early morning hours, the small aircraft landed at an airstrip near the village of Ahuas. Its cargo, which was later confirmed to be cocaine, was loaded into trucks. The trucks then went to the nearby Patico River, where the cargo was re-loaded onto a motorized canoe. As the DEA agents and Honduran police came into sight, the drug traffickers fled and abandoned the canoe. While the officers were attempting to start the motor on the canoe, it was struck in front by a larger riverboat. Thinking they were under attack, officers on the canoe and in the helicopters fired at the boat. It later turned out that the boat belonged to local villagers, four of whom were killed. The operation prompted 58 members of Congress to call for an investigation. The DEA told them it had conducted an internal review and concluded none of the American agents were involved in the shooting. The DEA screened the Ahuas video for members of Congress. Two reporters for the New York Times also saw a version of the video and wrote a story about the raid. Schwartz originally requested records on the entire incident, but subsequently narrowed his request to only that portion of the video that took place after the aircraft touched down on the airstrip. The DEA claimed the video was protected by Exemption 7(E), but Schwartz argued that much of the information about how such operations were conducted and the capabilities of the agency to react in unforeseen circumstances were already publicly known through a variety of sources, including a CNN report on DEA operations in Honduras called "Narco Wars." As Schwartz continued to narrow his request, District Court Judge Carol Bagley Amon, after reviewing the video in camera, became convinced that the DEA had failed to show how disclosure of the disputed portions of the video would reveal investigative methods and techniques that were not already publicly known. Schwartz argued that "objective fact evidence"â€"facts surrounding the application of a known techniqueâ€"were not protectable. The DEA, by contrast, argued that "the unknown circumstances surrounding the application of a known technique are protectable. Amon noted that "both arguments fail from an oversimplification of the issue. Presenting new or unique facts alone does not make information protectable, but information that would disclose an unknown technique or procedure or unknown aspect thereofâ€"including objective, factual informationâ€"may be withheld." She pointed out that "contrary to Schwartz's argument, the type of information is not relevant. What is relevant is only the effect of producing that information. But contrary to the DEA's argument, only previously unknown 'techniques or procedures' are exempt. Previously unknown circumstances are not." She observed that the analysis depended on the specific facts and explained that "the same well known technique may have previously unknown aspects exposed by some facts, but not others. Courts apply the text of Exemption 7(E) to the particular facts before them to make these determinations." The agency argued that the public domain doctrine---which requires that the government has already officially acknowledge informationâ€"applied here. But Amon pointed out that "Schwartz is not asserting waiver, as he has repeatedly stated. By importing the waiver standard of official disclosure into Exemption 7(E), the DEA conflates two distinct legal doctrines. Publicly available information does not justify a withholding under Exemption 7(E) because 'Congress did not intend that Exemption 7(E) apply to routine techniques and procedures which are generally known outside the Government. By contrast, 'when information has been "officially acknowledged," its disclosure may be compelled even over an agency's otherwise valid exemption claim.'" Amon observed that "Exemption 7(E) does not justify withholding publicly known information about techniques and procedures simply because such information has not been officially acknowledged. To the contrary, the cases interpreting Exemption 7(E) have required that such information be disclosed without considering whether it became public through official channels." Amon admitted that the DEA was in a better position than her to know whether techniques were sensitive and needed protection. But she pointed out that "despite [numerous] opportunities and prompting, however, the DEA has not been able to identify to the Court what protected techniques or procedures the Video could reveal, even if only to an expert. FOIA does not permit the Court to rely on the DEA's unsubstantiated assertion that some such technique or procedure might be in some way discernible. Instead, the Court must conduct de novo review, and in doing so, the Courtâ€"even with the DEA's expert guidanceâ€"cannot identify any protectable techniques or procedures." In a redacted portion of her opinion, Amon discussed the various techniques the DEA claimed were protectable, but remained unconvinced. She ordered the agency to disclose the portion of the video that Schwartz had requested.
Issues: Exemption 7(E) - Unknown to public
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-09-061COMPLAINT against United States Drug Enforcement Administration, filed by Mattathias Schwartz. (Attachments: # 1 Civil Cover Sheet) (Davis, Kimberly) (Entered: 09/09/2013)
2013-09-09The case of Schwartz v. United States Drug Enforcement Administration , has been opened in the Eastern District of New York. The case number is 13-cv-5004 . PLEASE NOTE: You must pay the case filing fee within seven (7) days . Select the event (Civil Case Filing Fee) and pay online. (Davis, Kimberly) (Entered: 09/09/2013)
2013-09-092In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 09/09/2013)
2013-09-09CIVIL CASE FILING FEE: $ 400, receipt number 0207-6418583 (Wedoff, Carl) (Entered: 09/09/2013)
2013-09-123Summons Issued as to United States Drug Enforcement Administration, U.S. Attorney and U.S. Attorney General (Davis, Kimberly) (Entered: 09/12/2013)
2013-09-244SUMMONS Returned Executed by Mattathias Schwartz. United States Drug Enforcement Administration served on 9/17/2013, answer due 10/8/2013. (Freeman, George) (Entered: 09/24/2013)
2013-10-025ORDER: An initial conference been scheduled for January 8, 2014 at 10:30 a.m., before the Honorable Robert M. Levy, United States Magistrate Judge at 225 Cadman Plaza East, Brooklyn, New York. Parties are directed to check-in with chambers, Room 1223-S, upon arrival. All counsel must be present. Plaintiff(s) counsel is directed to confirm with defendant(s) counsel that all necessary participants are aware of this conference. Ordered by Magistrate Judge Robert M. Levy on 10/2/2013. (Marino, Janine) (Entered: 10/02/2013)
2013-11-066MOTION to Amend/Correct/Supplement 1 Complaint by Mattathias Schwartz. (Attachments: # 1 Notice of Motion, # 2 Declaration of Carl N. Wedoff in Support of Motion for Leave to File a Supplemental Complaint, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4) (Freeman, George) (Entered: 11/06/2013)
2013-11-067Letter ,dated November 6, 2013, from George H. Freeman to Judge Amon, notifying of the Notice of Motion for Leave to File a Supplemental Complaint by Mattathias Schwartz (Freeman, George) (Entered: 11/06/2013)
2013-11-07ORDER : Re: 6 Motion to Amend/Correct/Supplement. Application to file a Supplemental Complaint (defense does not object) is GRANTED. So Ordered by Chief Judge Carol Bagley Amon on 11/7/2013. (Liberatore, Marie) (Entered: 11/07/2013)
2013-11-078Supplemental COMPLAINT , filed by Mattathias Schwartz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Certificate of Service) (Freeman, George) (Entered: 11/07/2013)
2013-11-159MOTION for Extension of Time to File Answer by United States Drug Enforcement Administration. (Apicella, Jolie) (Entered: 11/15/2013)
2013-11-22ORDER granting 9 Motion for Extension of Time to Answer All Defendants.. Ordered by Magistrate Judge Robert M. Levy on 11/22/2013. (Levy, Robert) (Entered: 11/22/2013)
2013-12-0910ANSWER to Complaint by United States Drug Enforcement Administration. (Apicella, Jolie) (Entered: 12/09/2013)
2014-01-0611MOTION to Adjourn Conference by United States Drug Enforcement Administration. (Apicella, Jolie) (Entered: 01/06/2014)
2014-01-0712MOTION for pre motion conference by United States Drug Enforcement Administration. (Apicella, Jolie) (Entered: 01/07/2014)
2014-01-0713Letter to Judge Levy, dated January 7, 2014, opposing defendant Drug Enforcement Admisnistration's letter request for an adjounrment of the initial conference by Mattathias Schwartz (Freeman, George) (Entered: 01/07/2014)
2014-01-0714MOTION to Adjourn Conference (Response to ECF No. 13) by United States Drug Enforcement Administration. (Apicella, Jolie) (Entered: 01/07/2014)
2014-01-07ORDER denying 14 Motion to Adjourn Initial Conference. The conference will be held as scheduled, and the court will hear argument as to the necessity and appropriateness of discovery in view of the government's request to Chief Judge Amon for a pre-motion conference. Ordered by Magistrate Judge Robert M. Levy on 1/7/2014. (Levy, Robert) (Entered: 01/07/2014)
2014-01-08Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Carl Wedoff, George Freeman for plaintiff; Jolie Apicella for defendant. (1) Scheduling order deferred to enable plaintiff to formulate discovery requests and both parties to formulate settlement positions as discussed at this conference. (2) Status conference scheduled for 1/10/14 at 4:00 (tel). (3) In view of the above, the parties request that the motion for a pre-motion conference before Chief Judge Amon be deferred at this time until after the 1/10/14 status conference.Initial Conference Hearing held on 1/8/2014 (Levy, Robert) (Entered: 01/08/2014)
2014-01-08ORDER terminating 11 Motion to Adjourn Conference. Ordered by Magistrate Judge Robert M. Levy on 1/8/2014. (Levy, Robert) (Entered: 01/08/2014)
2014-01-09ORDER : re 12 Motion for pre motion conference filed by United States Drug Enforcement Administration. This application is respectfully referred to Magistrate Judge Levy. So Ordered by Chief Judge Carol Bagley Amon on 1/9/2014. (Liberatore, Marie) (Entered: 01/09/2014)
2014-01-0915MOTION to Adjourn Conference by United States Drug Enforcement Administration. (Apicella, Jolie) (Entered: 01/09/2014)
2014-01-10ORDER granting 15 Motion to Adjourn Conference. The conference scheduled for 1/10/14 is adjourned to 1/31/14 at 4:00 p.m. Ordered by Magistrate Judge Robert M. Levy on 1/10/2014. (Marino, Janine) (Entered: 01/10/2014)
2014-01-31Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Carl Wedoff, George Freeman; Jolie Apicella. Settlement conference scheduled for 3/13 at 10:30. Defendants' pre-settlement position paper to be faxed to plaintiff's counsel and chambers by 3/3/14. Settlement Conference held on 1/31/2014 (Levy, Robert) (Entered: 01/31/2014)
2014-03-13Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Carl Wedoff, Esq., George Freeman, Esq., with plaintiff Mattathias Schwartz; AUSA Jolie Apicella, AUSA Kathleen A. Mahoney, DEA Bettie Goldman, DEA Priscilla Budeir. Settlement discussions. Counsel will continue to discuss settlement and attempt to narrow the issues. However, they intend to proceed with their summary judgment motions. Counsel are requested to consult with Judge Amon's chambers to determine whether a pre-motion conference is necessary. In the event the motions proceed at this time, the government will compile an index and serve its motion and brief pursuant to Judge Amon's rules. Plaintiff will then advise whether he needs discovery, and the parties will attempt to agree on the scope of permissible, limited discovery. Thirty days following the completion of any discovery, plaintiff will serve his opposition and cross motion; the government's reply and opposition, if necessary, 21 days thereafter; plaintiff's reply, if necessary 21 days thereafter.Settlement Conference held on 3/13/2014 (Levy, Robert) (Entered: 03/13/2014)
2014-03-13JOINT STATUS REPORT ORDER Status Report due by 4/30/2014. Ordered by Magistrate Judge Robert M. Levy on 3/13/2014. (Levy, Robert) (Entered: 03/13/2014)
2014-03-2116MOTION for pre motion conference or to approve the briefing schedule agreed upon by the parties by United States Drug Enforcement Administration. (Apicella, Jolie) (Entered: 03/21/2014)
2014-04-01ORDER : re 16 The parties are to appear in person for a premotion conference on Wednesday, April 9, 2014 at 2:30pm in Courtroom 10 D before Chief Judge Amon. So Ordered by Chief Judge Carol Bagley Amon on 4/1/2014. (Liberatore, Marie) (Entered: 04/01/2014)
2014-04-0417MOTION to Adjourn Conference by United States Drug Enforcement Administration. (Apicella, Jolie) (Entered: 04/04/2014)
2014-04-04ORDER : re 17 Motion to adjourn premotion conference currently set for April 9, 2014. APPLICATION GRANTED. The premotion conference will be rescheduled to Tuesday, April 8, 2014 at 3:30pm in Courtroom 10 D before Chief Jude Amon. So Ordered by Chief Judge Carol Bagley Amon on 4/4/2014. (Liberatore, Marie) (Entered: 04/04/2014)
2014-04-10Minute Entry: Premotion conference held before Chief Judge Amon on 4/8/2014. Defendant will serve its motion for summary judgment by June 20, 2014. By July 5, 2014, plaintiff will advise defendant whether it seeks discovery, and if it does, what discovery is requested. If plaintiff does not seek discovery, his response to defendant's motion for summary judgment is due July 28, 2014. If plaintiff seeks discovery, the defendant will reply to that request by July 21, 2014, indicating what requested material it will provide and what requested material, if any, it will not provide. If defendant indicates that it will not provide some, or all, of the requested discovery, the plaintiff will respond to defendant's July 21, 2014 letter by July 28, 2014, and a conference will be held on August 8, 2014 at 9:30am to resolve the outstanding discovery issues. The plaintiff's response to defendant's motion for summary judgment will then be due August 25, 2014. (Court Reporter Anthony Frisolone.) (Liberatore, Marie) (Entered: 04/10/2014)
2014-04-2918STATUS REPORT For Judge Robert M. Levy by Mattathias Schwartz (Wedoff, Carl) (Entered: 04/29/2014)
2014-06-2019CERTIFICATE OF SERVICE by United States Drug Enforcement Administration (cover letter for notice of motion and supporting papers) (Apicella, Jolie) (Entered: 06/20/2014)
2014-07-0720Letter from George Freeman to Judge Amon, dated July 7, 2014, Regarding Discovery by Mattathias Schwartz (Freeman, George) (Entered: 07/07/2014)
2014-07-1421Letter regarding scheduling issues by United States Drug Enforcement Administration (Apicella, Jolie) (Entered: 07/14/2014)
2014-07-15NOTICE OF TELEPHONE STATUS CONFERENCE : Re: 20 21 A telephone status conference is scheduled for Thursday, July 17, 2014 at 3:00pm before Chief Judge Amon. Counsel for the Plaintiff is directed to coordinate the call to chambers. (Liberatore, Marie) (Entered: 07/15/2014)
2014-07-1522MOTION to Adjourn Conference by United States Drug Enforcement Administration. (Apicella, Jolie) (Entered: 07/15/2014)
2014-07-16ORDER: re 22 Joint motion to adjourn telephone status conference currently set for July 17, 2014. APPLICATION GRANTED. Telephone Status Conference is rescheduled to July 22, 2014 at 11:00am before Chief Judge Amon. So Ordered by Chief Judge Carol Bagley Amon on 7/16/2014. (Liberatore, Marie) (Entered: 07/16/2014)
2014-07-22Minute Entry: Status conference held before Chief Judge Amon on 7/22/2014. Plaintiff clarified that he seeks to preserve his right to request discovery should this Court not grant summary judgment in full for Defendant. The parties agreed to the following briefing schedule. Plaintiff will respond and cross-move for summary judgment by July 28, 2014. Defendant will reply and respond to the cross-motion on August 28, 2014. Plaintiff's reply to defendant's response due on September 25, 2014. Oral argument will be held on October 17, 2014 at 11:00am in Courtroom 10 D. The status conference set for August 8, 2014 is cancelled. (Court Reporter Michele Nardone.) (Liberatore, Marie) (Entered: 07/22/2014)
2014-07-2823CERTIFICATE OF SERVICE by Mattathias Schwartz (cover letter for notice of motion and supporting papers) (Wedoff, Carl) (Entered: 07/28/2014)
2014-08-28RESCHEDULING NOTICE : Oral argument originally scheduled for October 17, 2014 is rescheduled to October 27, 2014 at 2:00pm in Courtroom 10D South before Chief Judge Carol Bagley Amon. (Liberatore, Marie) (Entered: 08/28/2014)
2014-08-2824CERTIFICATE OF SERVICE by United States Drug Enforcement Administration (cover letter to Plaintiff's counsel serving reply and opposition papers) (Apicella, Jolie) (Entered: 08/28/2014)
2014-08-2925MOTION to Withdraw as Attorney for Plaintiff Mattathias Schwartz by Mattathias Schwartz. (Attachments: # 1 Proposed Order) (Freeman, George) (Entered: 08/29/2014)
2014-08-2926NOTICE of Appearance by Brian J. Fischer on behalf of Mattathias Schwartz (aty to be noticed) (Fischer, Brian) (Entered: 08/29/2014)
2014-09-0427ORDER granting 25 Motion to Withdraw as Attorney; Having set forth appropriate grounds, in accordance with Local Civil Rule 1.4, including Plaintiffs continued representation by members of the law firm of Jenner & Block LLP, George H. Freeman's Motion for Leave to Withdraw is hereby GRANTED and George H. Freeman is withdrawn as counsel effective immediately. Ordered by Chief Judge Carol Bagley Amon on 9/3/2014. (Fernandez, Erica) (Entered: 09/04/2014)
2014-09-2528Notice of MOTION for Summary Judgment by United States Drug Enforcement Administration. (Apicella, Jolie) (Entered: 09/25/2014)
2014-09-2529MOTION for Summary Judgment Memorandum of Law by United States Drug Enforcement Administration. (Apicella, Jolie) (Entered: 09/25/2014)
2014-09-2530MOTION for Summary Judgment Declaration of Katherine L. Myrick by United States Drug Enforcement Administration. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Apicella, Jolie) (Entered: 09/25/2014)
2014-09-2531MOTION for Summary Judgment Declaration of James Soiles by United States Drug Enforcement Administration. (Apicella, Jolie) (Entered: 09/25/2014)
2014-09-2532MOTION for Summary Judgment Rule 56.1 Statement by United States Drug Enforcement Administration. (Apicella, Jolie) (Entered: 09/25/2014)
2014-09-2533CERTIFICATE OF SERVICE by United States Drug Enforcement Administration Motion Defendant's Motion for Summary Judgment, June 20, 2014 (Apicella, Jolie) (Entered: 09/25/2014)
2014-09-2534EXHIBIT H to Declaration of Katherine L. Myrick by United States Drug Enforcement Administration. Related document: 30 MOTION for Summary Judgment Declaration of Katherine L. Myrick filed by United States Drug Enforcement Administration. (Attachments: # 1 Exhbit H) (Apicella, Jolie) (Entered: 09/25/2014)
2014-09-2535REPLY in Support re 29 MOTION for Summary Judgment Memorandum of Law filed by United States Drug Enforcement Administration. (Attachments: # 1 Declaration Second Declaration of Katherine L. Myrick, # 2 Declaration Declaration of Kevin M. Foley, # 3 Rule 56.1 Statement Defendant's Response to Plaintiff's Statement Pursuant to Local Rule 56.1, # 4 Affidavit of Service Service Letter to Plaintiff's counsel) (Apicella, Jolie) (Entered: 09/25/2014)
2014-09-2536Cross MOTION for Summary Judgment /Plaintiff's Notice of Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment by Mattathias Schwartz. (Freeman, George) (Entered: 09/25/2014)
2014-09-2537MEMORANDUM in Support re 36 Cross MOTION for Summary Judgment /Plaintiff's Notice of Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by Mattathias Schwartz. (Freeman, George) (Entered: 09/25/2014)
2014-09-2538AFFIDAVIT/DECLARATION in Support re 36 Cross MOTION for Summary Judgment /Plaintiff's Notice of Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment /Declaration of Carl N. Wedoff filed by Mattathias Schwartz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U) (Wedoff, Carl) (Entered: 09/25/2014)
2014-09-2539RULE 56.1 STATEMENT re 32 MOTION for Summary Judgment Rule 56.1 Statement , 36 Cross MOTION for Summary Judgment /Plaintiff's Notice of Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by Mattathias Schwartz. (Freeman, George) (Entered: 09/25/2014)
2014-09-2540REPLY in Support re 36 Cross MOTION for Summary Judgment /Plaintiff's Notice of Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment /Reply Memorandum of Law in Further Support of Plaintiff's Cross-Motion for Summary Judgment filed by Mattathias Schwartz. (Freeman, George) (Entered: 09/25/2014)
2014-09-2541CERTIFICATE OF SERVICE by Mattathias Schwartz (Wedoff, Carl) (Entered: 09/25/2014)
2014-10-15RESCHEDULING NOTICE: Oral argument currently scheduled for October 27, 2014 is rescheduled to November 13, 2014 at 3:30pm in Courtroom 10D South before Chief Judge Carol Bagley Amon. (Arnold, Brandon) (Entered: 10/15/2014)
2014-11-13Minute Entry: Oral argument held on defendant's motion and plaintiff's cross-motion for summary judgment before Chief Judge Carol Bagley Amon on November 13, 2014. Appearances: For plaintiff - Carl N. Wedoff, Brian J. Fischer. For defendant - Jolie Alexandra Hall Apicella. Defendant is directed to file a supplemental declaration with sufficient detail to support its withholding of the video in question under Exemption 7(E). Defendant shall file a letter with the Court by November 14, 2014 proposing a date by which it will provide that supplemental declaration. (Court Reporter Ronald Tolkin.) (Arnold, Brandon) (Entered: 11/13/2014)
2014-11-1442Letter pursuant to Court's November 13, 2014 order by United States Drug Enforcement Administration (Apicella, Jolie) (Entered: 11/14/2014)
2014-11-1743Letter ,dated November 17, 2014, responding to DEA's letter to the Court, dated November 14, 2014 (ECF No. 42). by Mattathias Schwartz (Wedoff, Carl) (Entered: 11/17/2014)
2014-11-17ORDER : Re: 42 43 . APPLICATION GRANTED. No further extensions will be considered. Plaintiff's response due December 12, 2014. Further argument will be held on December 19, 2014 at 2:30pm in Courtroom 10 D before Chief Judge Amon. So Ordered by Chief Judge Carol Bagley Amon on 11/17/2014. (Liberatore, Marie) (Entered: 11/17/2014)
2014-11-1844Letter MOTION to Adjourn Conference / Hearing, currently scheduled for December 19, 2014 by Mattathias Schwartz. (Wedoff, Carl) (Entered: 11/18/2014)
2014-11-18ORDER : Re: 44 Plaintiff's motion to adjourn the continued hearing on summary judgment currently scheduled for 12/19/14 with consent. APPLICATION GRANTED.Hearing is adjourned to January 6, 2015 at 2:30pm in Courtroom 10 D before Chief Judge Amon. So Ordered by Chief Judge Carol Bagley Amon on 11/18/2014. (Liberatore, Marie) (Entered: 11/18/2014)
2014-12-0545DECLARATION of James Soiles pursuant to Order, dated November 13, 2014 by United States Drug Enforcement Administration (Apicella, Jolie) (Entered: 12/05/2014)
2014-12-1046NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on November 13, 2014, before Judge Amon. Court Reporter/Transcriber Ronald E. Tolkin, Official Court Reporter, Telephone number 718-613-2647. Email address: ronald_tolkin@nyed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 12/31/2014. Redacted Transcript Deadline set for 1/12/2015. Release of Transcript Restriction set for 3/10/2015. (Tolkin, Ronald) (Entered: 12/10/2014)
2014-12-1247Letter MOTION for Extension of Time to File Response/Reply to Defendant's Supplemental Declaration by Mattathias Schwartz. (Wedoff, Carl) (Entered: 12/12/2014)
2014-12-12ORDER : Re: 47 Plaintiff's motion to extend his deadline to respond to Defendant's supplemental declaration to December 18, 2014 with consent. APPLICATION GRANTED. So Ordered by Chief Judge Carol Bagley Amon on 12/12/2014. (Liberatore, Marie) (Entered: 12/12/2014)
2014-12-1848MEMORANDUM in Support re 36 Cross MOTION for Summary Judgment /Plaintiff's Notice of Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment /Supplemental Memorandum of Law in Further Support of Plaintiff's Cross-Motion for Summary Judgment filed by Mattathias Schwartz. (Fischer, Brian) (Entered: 12/18/2014)
2014-12-1849DECLARATION re 36 Cross MOTION for Summary Judgment /Plaintiff's Notice of Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment /Second Declaration of Carl N. Wedoff by Mattathias Schwartz (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K) (Fischer, Brian) (Entered: 12/18/2014)
2014-12-1850Letter to Judge Amon, dated December 18, 2014, enclosing courtesy copies of the supplemental memorandum of law in support of plaintiff's cross-motion, and the second declaration of Carl N. Wedoff by Mattathias Schwartz (Wedoff, Carl) (Entered: 12/18/2014)
2014-12-2251MOTION to Adjourn Conference Filed and dated December 22, 2014 by United States Drug Enforcement Administration. (Apicella, Jolie) (Entered: 12/22/2014)
2014-12-23ORDER : Re 51 Motion to adjourn oral argument currently set for January 6, 2015 and extension until February 13, 205 to submit a written opposition and a response from the DEA to the exhibits submitted by Plaintiff on consent. APPLICATION GRANTED. Oral argument will be held on March 18, 2015 at 2:00pm in Courtroom 10 D before Chief Judge Amon. So Ordered by Chief Judge Carol Bagley Amon on 12/23/2014. (Liberatore, Marie) (Entered: 12/23/2014)
2014-12-3052Letter MOTION to Adjourn Conference /Hearing on Summary Judgment by Mattathias Schwartz. (Wedoff, Carl) (Entered: 12/30/2014)
2014-12-30ORDER : Re 52 Motion to adjourn oral argument on consent. APPLICATION GRANTED. Oral argument will be held on April 2, 2015 at 2:00pm in Courtroom 10 D before Chief Judge Amon. So Ordered by Chief Judge Carol Bagley Amon on 12/30/2014. (Liberatore, Marie) (Entered: 12/30/2014)
2015-01-1553Letter MOTION for Leave to File Corrected Supplemental Memorandum of Law in Further Support of Plaintiff's Cross-Motion for Summary Judgment by Mattathias Schwartz. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Wedoff, Carl) (Entered: 01/15/2015)
2015-01-16ORDER : Re 53 Plaintiff's Motion for leave to submit a corrected Supplemental Memorandum of Law in Further Support of Plaintiff's Cross-Motion for Summary Judgment with consent to this request. APPLICATION GRANTED. So Ordered by Chief Judge Carol Bagley Amon on 1/16/2015. (Liberatore, Marie) (Entered: 01/16/2015)
2015-01-1654MEMORANDUM in Support re 36 Cross MOTION for Summary Judgment /Plaintiff's Notice of Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment , 48 Memorandum in Support, /Corrected Supplemental Memorandum of Law in Further Support of Plaintiff's Cross-Motion for Summary Judgment filed by Mattathias Schwartz. (Fischer, Brian) (Entered: 01/16/2015)
2015-01-1655Letter to Judge Amon, dated January 16, 2015, enclosing a courtesy copy of Plaintiff's Corrected Supplemental Memorandum of Law in Support of Plaintiff's Cross-Motion for Summary Judgment by Mattathias Schwartz (Wedoff, Carl) (Entered: 01/16/2015)
2015-02-1356MEMORANDUM in Opposition to Plaintiff's Corrected Supplemental Memorandum of Law in Further Support of Plaintiff's Cross-Motion for Summary Judgment filed by United States Drug Enforcement Administration. (Apicella, Jolie) (Entered: 02/13/2015)
2015-02-1357AFFIDAVIT/DECLARATION in Opposition re 36 Cross MOTION for Summary Judgment /Plaintiff's Notice of Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment Third Declaration of James Soiles filed by United States Drug Enforcement Administration. (Apicella, Jolie) (Entered: 02/13/2015)
2015-03-19NOTICE OF RESCHEDULING OF ORAL ARGUMENT : Re Motions 28 36 . Oral argument currently set for April 2, 2015 before Chief Judge Amon is rescheduled to April 20, 2015 at 2:00pm in Courtroom 10 D. (Liberatore, Marie) (Entered: 03/19/2015)
2015-04-1758Letter supplementing recent case law to Defendant's Memorandum of Law in Further Support of Defendant's Motion for Summary Judgment by United States Drug Enforcement Administration (Apicella, Jolie) (Entered: 04/17/2015)
2015-04-20Minute Entry: Oral argument held on 28 defendant's motion for summary judgment. Appearances: For plaintiff - Carol Wedoff. For defendant - Jolie Apicella. As stated on the record, defendant shall provide the withheld video for in camera review, along with a supplemental declaration addressing the specific nonpublic investigatory techniques and procedures therein, by May 4, 2015. (Court Reporter Sherry Bryant.) (Arnold, Brandon) (Entered: 04/20/2015)
2015-04-2459MOTION for Extension of Time to File dated April 24, 2015 requesting a two week and three day extension from May 4, 2015 until May 21, 2015. by United States Drug Enforcement Administration. (Apicella, Jolie) (Entered: 04/24/2015)
2015-04-2460Letter from Carl Wedoff to Judge Amon, dated April 24, 2015, responding to DEA's letter to the Court, dated April 24, 2015 (ECF No. 59) by Mattathias Schwartz (Wedoff, Carl) (Entered: 04/24/2015)
2015-04-28ORDER : Re 59 & [Response 60 Letter motion filed on behalf of Defendant requesting an extension until May 21, 2015 to provide the video and any supplemental declarations for in camera review. APPLICATION GRANTED. So Ordered by Chief Judge Carol Bagley Amon on 4/28/2015. (Liberatore, Marie) (Entered: 04/28/2015)
2015-05-0761NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on April 20, 2015, before Judge Carol Bagley Amon. Court Reporter/Transcriber Sherry Bryant, Telephone number 718-613-2636. Email address: sbryant102@verizon.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/28/2015. Redacted Transcript Deadline set for 6/8/2015. Release of Transcript Restriction set for 8/5/2015. (Bryant, Sherry) (Entered: 05/07/2015)
2015-05-1562Letter regarding Court's April 20, 2015 Order to submit withheld video and supplemental declaration by United States Drug Enforcement Administration (Apicella, Jolie) (Entered: 05/15/2015)
2015-05-1863Letter to Judge Amon, dated May 18, 2015, in response to DEA's letter to the Court, dated May 15, 2015 (ECF No. 62) by Mattathias Schwartz (Wedoff, Carl) (Entered: 05/18/2015)
2015-05-20NOTICE OF TELEPHONE STATUS CONFERENCE : Re 62 63 A telephone status conference will be held on Thursday, May 21, 2015 at 2:30pm before Chief Judge Amon. AUSA Jolie Apicella is directed to coordinate the call to chambers. (Liberatore, Marie) (Entered: 05/20/2015)
2015-05-21Minute Entry for telephone conference re: 62 , 63 . Appearances: For plaintiff - Carl N. Wedoff, Brian J. Fischer. For defendant - Jolie Alexandra Hall Apicella, Artemis Lekakis, Susan Riley. As stated on the record, defendant's time to provide the video and supplemental declaration for in camera review is extended until May 22, 2015 at 11 a.m., and defendant's request to provide ex parte testimony to further explain the video is denied as premature. To the extent defendant continues to believe that the video cannot be safely left in chambers overnight, it may send a representative to retrieve the video each evening and re-deliver it each morning. (Court Reporter Lisa Schmid.) (Arnold, Brandon) Modified on 8/4/2015 to correct date of extension (Fernandez, Erica). (Entered: 05/21/2015)
2015-05-2664ORDER : The Court directs counsel for the defendant to provide a complete copy of the disputed video no later than the end of tomorrow May 27, 2015. The Court further directs counsel for the defendant to review the materials that will be provided to the Court and file a written certification confirming that those materials contain a complete and accurate copy of the disputed video. So Ordered by Chief Judge Carol Bagley Amon on May 26, 2015. (Arnold, Brandon) (Entered: 05/26/2015)
2015-05-2765MOTION for Extension of Time to File certification pursuant to the Court's May 26, 2015 order by United States Drug Enforcement Administration. (Apicella, Jolie) (Entered: 05/27/2015)
2015-05-28ORDER : Re 65 Motion for one day extension of the deadline set forth in the Court's May 26, 2015 Order 64 allowing the Government to provide the Court with a declaration from the DEA certifying that the provided video is a complete and accurate copy of the video in DEA's files. APPLICATION GRANTED. So Ordered by Chief Judge Carol Bagley Amon on 5/28/2015. (Liberatore, Marie) (Entered: 05/28/2015)
2015-05-2866DECLARATION pursuant to the Court's Order, dated May 28, 2015 by United States Drug Enforcement Administration (Apicella, Jolie) (Entered: 05/28/2015)
2015-06-17Notice of Telephone Conference : A telephone conference will be held on June 22, 2015 at 3 p.m. before Chief Judge Carol Bagley Amon. Defendant's counsel is directed to coordinate the call to chambers. (Arnold, Brandon) (Entered: 06/17/2015)
2015-06-22Minute Entry for telephone conference held before Chief Judge Carol Bagley Amon on June 22, 2015. Appearances: For plaintiff - Carl N. Wedoff, Brian J. Fischer. For defendant - Jolie Alexandra Hall Apicella, Kathleen Mahoney. As stated on the record, plaintiff advised that he will submit a letter narrowing his request related to the disputed video by June 23, 2015. Defendant confirmed that all information relevant to its withholdings under Exemption 7(E) were provided in its declarations to the Court. Its request to provide ex parte testimony is therefore unnecessary. (Court Reporter Victoria Torres-Butler.) (Arnold, Brandon) (Entered: 06/22/2015)
2015-06-2367Letter , dated June 23, 2015, notifying the Court of Plaintiff's agreement to limit FOIA Request by Mattathias Schwartz (Wedoff, Carl) (Entered: 06/23/2015)
2015-12-1668Letter from C. Wedoff to Judge Amon, dated December 16, 2015, clarifying a portion of the Plaintiff's June 23, 2015 Letter (ECF No. 67) by Mattathias Schwartz (Wedoff, Carl) (Entered: 12/16/2015)
2016-01-1269PROTECTIVE ORDER regarding the Court's M&O denying the DEA's motion for summary judgment and granting in part Schwartz's cross-motion for summary judgment. So Ordered by Chief Judge Carol Bagley Amon on 1/8/2016. (Lee, Tiffeny) (Entered: 01/12/2016)
2016-01-1270REDACTED MEMORANDUM & ORDER. The Court denies the DEA's 28 Motion for Summary Judgment; and grants Schwartz's 36 Cross Motion seeking production of the requested portion of the Ahuas Video, subject to the redaction discussed above. The DEA is directed to produce the requested portion of the Ahuas Video as ordered redacted to Schwartz within 14 days of this Order. So Ordered by Chief Judge Carol Bagley Amon on 1/8/2016. (Lee, Tiffeny) (Entered: 01/12/2016)
2016-01-1472Letter to Honorable Carol Bagely Amon respectfully requesting an unredacted copy of the Redacted Memorandum & Order dated January 8, 2016 (Doc. #70) by United States Drug Enforcement Administration (Mahoney, Kathleen) (Entered: 01/14/2016)
2016-01-14Notice of Telephone Conference : A telephone conference will be held on January 15, 2016, at 3:30 p.m. before Chief Judge Carol Bagley Amon concerning defendant's request 72 for an unredacted copy of the Redacted Memorandum & Order dated January 8, 2016 70 . Defendant's counsel is directed to coordinate the call to chambers. (Chabot, Ryan) (Entered: 01/14/2016)
2016-01-14Notice of Telephone Conference : Due to a conflict in the Court's schedule, the telephone conference concerning defendant's request 72 for an unredacted copy of the Redacted Memorandum & Order dated January 8, 2016 70 is rescheduled to January 15, 2016, at 3:00 p.m. before Chief Judge Carol Bagley Amon. Defendant's counsel is directed to coordinate the call to chambers. (Chabot, Ryan) (Entered: 01/14/2016)
2016-01-1573NOTICE of Appearance by Kathleen Anne Mahoney on behalf of United States Drug Enforcement Administration (aty to be noticed) (Mahoney, Kathleen) (Entered: 01/15/2016)
2016-01-15Minute Entry for telephone conference held before Chief Judge Carol Bagley Amon on January 15, 2016. Appearances: For plaintiff: Carl N. Wedoff, Brian J. Fischer. For defendant: Kathleen Mahoney. As stated on the record, plaintiff consents to defendant's request 72 for an unredacted copy of the Redacted Memorandum & Order dated January 8, 2016 70 . The request is granted. (Court Reporter Sherry Bryant.) (Chabot, Ryan) (Entered: 01/15/2016)
2016-01-2174Joint MOTION for Extension of Time to File attorney fee motion and for production of redacted video by United States Drug Enforcement Administration. (Mahoney, Kathleen) (Entered: 01/21/2016)
2016-01-21ORDER re: 74 Joint Motion for Extensions of Time to File. Application Granted. Defendant shall produce with redactions the requested portion of the video by March 14, 2016. Plaintiff's time to move for fees under 5 U.S.C. § 552(a)(4)(E) is extended until 14 days after the conclusion of this lawsuit. Both parties consent to these extensions. So Ordered by Chief Judge Carol Bagley Amon on January 21, 2016. (Chabot, Ryan) (Entered: 01/21/2016)
2016-03-0775Letter to Judge Amon, dated March 7, 2016, regarding the Fourth Declaration of James Soiles by Mattathias Schwartz (Wedoff, Carl) (Entered: 03/07/2016)
2016-03-0876Letter to Honorable Carol Bagley Amon in response to Plaintiff's letter dated March 7, 2016 by United States Drug Enforcement Administration (Mahoney, Kathleen) (Entered: 03/08/2016)
2016-03-1077Letter MOTION to Stay re 70 Order on Motion for Summary Judgment,,, Pending Appeal - on consent by United States Drug Enforcement Administration. (Mahoney, Kathleen) (Entered: 03/10/2016)
2016-03-1178NOTICE OF APPEAL as to 70 Order on Motion for Summary Judgment,,, by United States Drug Enforcement Administration. (Mahoney, Kathleen) (Entered: 03/11/2016)
2016-03-11Electronic Index to Record on Appeal sent to US Court of Appeals. 78 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann) (Entered: 03/11/2016)
2016-03-1579ORDER granting 77 Motion to Stay; Application granted. Ordered by Chief Judge Carol Bagley Amon on 3/11/2016. (Fernandez, Erica) (Entered: 03/15/2016)
2016-04-25Case Reassigned to Magistrate Judge Steven L Tiscione. Magistrate Judge Robert M. Levy no longer assigned to the case.Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) (Entered: 04/25/2016)
2016-06-2380STIPULATION to Supplement the Record of Appeal by Mattathias Schwartz (Attachments: # 1 Supplement - Transcript of June 22, 2015 Telephone Conference before Judge Amon) (Wedoff, Carl) (Entered: 06/23/2016)
2016-06-2881STIPULATION AND ORDER to Supplement the Record on Appeal: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel of record that the record be supplemented with the aforementioned document. Ordered by Judge Carol Bagley Amon on 6/27/2016. (Fernandez, Erica) (Entered: 06/28/2016)
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