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Case TitleROSENBERG v. DEPARTMENT OF DEFENSE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2013cv01554
Date Filed2013-10-09
Date Closed2014-09-12
JudgeJudge Beryl A. Howell
PlaintiffCAROL ROSENBERG
Case DescriptionRosenberg requested information about the cost of building "Camp 7" at Guantanamo to house high-value detainees. Although DOD had disclosed that the estimated cost of the facility would be $49 million, it had disclosed no other information. The agency responded to Rosenberg by telling her that it had located a single document, but was withholding it under Exemption 1 (national security), Exemption 2 (internal practices and procedures), and Exemption 6 (invasion of privacy). Rosenberg appealed the denial, but after hearing nothing further for three years, filed suit.
Complaint issues: adequacy of search, improper withholding, attorney's fees

DefendantDEPARTMENT OF DEFENSE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Opinion/Order [15]
FOIA Project Annotation: Judge Beryl Howell ruled that the Defense Department properly withheld the one page it found concerning the costs for building and maintaining the Camp 7 detention facility at Guantanamo Bay. Miami Herald Reporter Carol Rosenberg had requested records on the costs of the detention facility and the Defense Department located one page and withheld it entirely under Exemption 1 (national security), Exemption 2 (internal practices and procedures), Exemption 3 (other statutes), and Exemption 6 (invasion of privacy). Howell found the one-page record had been properly withheld under Exemption 1. She explained that "the defendant's declarant makes clear that [information about the costs] would have been found by the Office of Detainee Policy." She noted that 'even if it is 'intuitively unlikely' that the defendant's search revealed only a single record, such intuition, absent some indication of bad faith or other dissembling, is insufficient to overcome the defendant's sworn affidavit, particularly when national security interest are implicated, as is the case here." Finding the record was properly classified based on the agency's affidavit, she also concluded that "there are no reasonably segregable portions of the record that can be released."
Issues: Adequacy - Search, Exemption 1 - Harm to national security
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-10-091COMPLAINT Against Department of Defense ( Filing fee $ 400 receipt number 0090-3494998) filed by CAROL ROSENBERG. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons DOD, # 8 Summons US Attorney, # 9 Summons Attorney General)(Bowman, Chad) (Entered: 10/09/2013)
2013-10-09Case Assigned to Judge Beryl A. Howell. (sth, ) (Entered: 10/09/2013)
2013-10-092ELECTRONIC SUMMONS (3)Issued as to DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth, ) (Entered: 10/09/2013)
2013-10-153STANDING ORDER. Signed by Judge Beryl A. Howell on 10/15/2013. (lcbah2) (Entered: 10/15/2013)
2013-10-304RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF DEFENSE served on 10/15/2013 (Attachments: # 1 Affidavit of Mailing, # 2 Exhibit 1 to Affidavit of Mailing, # 3 Certificate of Service)(Bowman, Chad) (Entered: 10/30/2013)
2013-10-305RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/15/2013. (Attachments: # 1 Affidavit of Mailing, # 2 Exhibit 1 to Affidavit of Mailing, # 3 Certificate of Service)(Bowman, Chad) (Entered: 10/30/2013)
2013-10-306RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/15/2013. Answer due for ALL FEDERAL DEFENDANTS by 11/14/2013. (Attachments: # 1 Affidavit of Mailing, # 2 Exhibit 1 to Affidavit of Mailing, # 3 Certificate of Service)(Bowman, Chad) (Entered: 10/30/2013)
2013-11-157NOTICE of Appearance by Kenneth Elliot Sealls on behalf of DEPARTMENT OF DEFENSE (Sealls, Kenneth) (Entered: 11/15/2013)
2013-11-158Unopposed MOTION for Extension of Time to File Answer by DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Sealls, Kenneth) (Entered: 11/15/2013)
2013-11-19MINUTE ORDER (paperless) granting Defendant's 8 Unopposed Motion for One-Week Extension of Time to File Answer. Accordingly, the Defendant shall file any answer or responsive motion by November 22, 2013. Signed by Judge Beryl A. Howell on 11/19/2013. (lcbah2) (Entered: 11/19/2013)
2013-11-19Set/Reset Deadlines: Answer or responsive motion due by 11/22/2013. (tg, ) (Entered: 11/19/2013)
2013-11-229ANSWER to Complaint by DEPARTMENT OF DEFENSE.(Sealls, Kenneth) (Entered: 11/22/2013)
2013-12-0610STATUS REPORT and Joint Proposed Briefing Schedule by DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Sealls, Kenneth) (Entered: 12/06/2013)
2013-12-09MINUTE ORDER (paperless) ISSUING the following SCHEDULING ORDER to control the timing of proceedings in this matter, pursuant to the parties' 10 Joint Proposed Scheduling Order: The defendant shall file its motion for summary judgment, if any, by January 24, 2014; the plaintiff shall file any opposition by February 24, 2014; the defendant shall file any reply by March 18, 2014. Signed by Judge Beryl A. Howell on December 9, 2013. (lcbah1) (Entered: 12/09/2013)
2013-12-09Set/Reset Deadlines: Summary Judgment motion due by 1/24/2014; Opposition to Motion for Summary Judgment due by 2/24/2014; Reply due by 3/18/2014. (tg, ) (Entered: 12/09/2013)
2014-01-2311Unopposed MOTION for Scheduling Order Extension of One Week by DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Sealls, Kenneth) (Entered: 01/23/2014)
2014-01-27MINUTE ORDER (paperless) GRANTING the defendant's 11 Unopposed Motion for Scheduling Order Extension. The defendant shall, by January 31, 2014, file any motion for summary judgment. The plaintiff shall, by March 3, 2014, file any opposition. The defendant shall, by March 25, 2014, file any reply. Signed by Judge Beryl A. Howell on January 27, 2014. (lcbah1) (Entered: 01/27/2014)
2014-01-27Set/Reset Deadlines: Summary Judgment motion due by 1/31/2014; Opposition to Motion for Summary Judgment due by 3/3/2014; Reply due by 3/25/2014. (tg, ) (Entered: 01/27/2014)
2014-01-3112MOTION for Summary Judgment by DEPARTMENT OF DEFENSE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Text of Proposed Order, # 5 Notice to Counsel/Party)(Sealls, Kenneth) (Entered: 01/31/2014)
2014-03-0313Memorandum in opposition to re 12 MOTION for Summary Judgment filed by CAROL ROSENBERG. (Attachments: # 1 Statement of Facts Response, # 2 Declaration of Carol Rosenberg, # 3 Exhibit A to Rosenberg Decl. (Article: "A prison camps primer"), # 4 Exhibit B to Rosenberg Decl. (Joint Task Force Guantanamo Overview), # 5 Exhibit C to Rosenberg Decl. (DOD Photo: Camp 5 Plaque), # 6 Exhibit D to Rosenberg Decl. (DOD Photo: Camp 6 Sign), # 7 Exhibit E to Rosenberg Decl. (Article: "Secret Guantanamo Cell Block"), # 8 Exhibit F to Rosenberg Decl. (DOD Report), # 9 Exhibit G to Rosenberg Decl. (Article: "'Platinum' captives"), # 10 Exhibit H to Rosenberg Decl. (Transcript of DOD Briefing), # 11 Exhibit I to Rosenberg Decl. (Article: "9/11 lawyer criticizes conditions"), # 12 Exhibit J to Rosenberg Decl. (Article: "Total U.S. tab"), # 13 Exhibit K to Rosenberg Decl. (FOIA Request), # 14 Exhibit L to Rosenberg Decl. (DOD Interim Response), # 15 Exhibit M to Rosenberg Decl. (DOD Final Response), # 16 Exhibit N to Rosenberg Decl. (FOIA Administrative Appeal), # 17 Exhibit O to Rosenberg Decl. (DOD Appeal Response))(Bowman, Chad) (Entered: 03/03/2014)
2014-03-2514REPLY to opposition to motion re 12 MOTION for Summary Judgment filed by DEPARTMENT OF DEFENSE. (Sealls, Kenneth) (Entered: 03/25/2014)
2014-09-1115MEMORANDUM OPINION regarding the defendant's 12 Motion for Summary Judgment. Signed by Judge Beryl A. Howell on September 11, 2014. (lcbah1) (Entered: 09/11/2014)
2014-09-1116ORDER GRANTING the defendant's 12 Motion for Summary Judgment. See Order for further details. The Clerk is directed to close this case. Signed by Judge Beryl A. Howell on September 11, 2014. (lcbah1) (Entered: 09/11/2014)
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by FOIA Project Staff