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Case TitleBRICK v. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01246
Date Filed2015-08-03
Date ClosedOpen
JudgeJudge Ketanji Brown Jackson
PlaintiffCHRISTOPHER BRICK
Case DescriptionChristopher Brick, editor/director of the Eleanor Roosevelt Papers Project, submitted a FOIA request to the FBI for 52 pages of records and attachments from Eleanor Roosevelt's FBI file that had not been released as the result of a 1982 disclosure. The FBI disclosed 338 pages with redactions made under Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), Exemption 7 (D) (confidential sources), and Exemption 7(E) (investigative methods and techniques). Brick appealed the redactions on 12 pages to the Office of Information Policy, which upheld the agency's decision. Brick then filed suit.
Complaint issues: Exemption 7

DefendantDEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [24]
FOIA Project Annotation: Judge Ketanji Brown Jackson has sharply criticized the FBI's conclusory affidavits for the fourth time, and although she gave the agency another chance to sufficiently explain its processing of Christopher Brick's FOIA request, she also made clear if the agency still fell short in its supplemental affidavit, she would order the release of the 12 redacted pages at issue. Jackson pointed out that "the proffered declarations do not provide a sufficient justification for these withholdings, because the declarations provide no details about, or context for, the FBI's redaction determinations." The agency told Jackson that it had used its 100-year rule, as well as institutional knowledge, to determine whether individuals were deceased. But she noted that "given the nature of the records here and the state of modern technology, it is not at all clear why the FBI thinks that even a successful application of the 100-year rule " standing alone " would constitute a reasonable effort to determine the death status of the individuals in question." She indicated that "in the future, this Court expects the FBI to be vigilant in its submission of supporting materials, to provide the Court with documents that will enable review of the agency's FOIA withholdings 'in the first instance, rather than waiting to be prompted to do so by a Court Order.'" She warned the agency that "if the FBI fails to furnish a supplemental declaration that contains sufficient detail for the Court to ascertain the particular bases for the government's withholdings, this Court will rely solely upon the insufficient materials that have thus far been submitted, and as a result, will grant Plaintiff's cross motion for summary judgment and require production of unredacted copies of these 12 pages of records."
Issues: Search - Detailed description of search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-08-031COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4196712) filed by CHRISTOPHER BRICK. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Civil Cover Sheet)(Clattenburg, Rachel) (Entered: 08/03/2015)
2015-08-03Case Assigned to Judge Ketanji Brown Jackson. (md) (Entered: 08/03/2015)
2015-08-03SUMMONS Not Issued as to DEPARTMENT OF JUSTICE, U.S. Attorney, U.S. Attorney General. (INCORRECT SUMMONS ARE FILED AT THE TIME COMPLAINT WAS FILED. COURT NEEDS FOIA SUMMONS.) (md) (Entered: 08/03/2015)
2015-08-032REQUEST FOR SUMMONS TO ISSUE by CHRISTOPHER BRICK re 1 Complaint filed by CHRISTOPHER BRICK. Related document: 1 Complaint filed by CHRISTOPHER BRICK. (Attachments: # 1 Summons, # 2 Summons)(Clattenburg, Rachel) (Entered: 08/03/2015)
2015-08-033GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives; failure to conform to this Order may, when appropriate, result in the imposition of sanctions. Signed by Judge Ketanji Brown Jackson on 08/03/2015. (lckbj1) (Entered: 08/03/2015)
2015-08-044SUMMONS (3) Issued Electronically as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (jf) (Entered: 08/04/2015)
2015-08-055RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/4/2015. Answer due for ALL FEDERAL DEFENDANTS by 9/3/2015. (Clattenburg, Rachel) (Entered: 08/05/2015)
2015-08-126NOTICE of Appearance by Joshua M. Kolsky on behalf of DEPARTMENT OF JUSTICE (Kolsky, Joshua) (Entered: 08/12/2015)
2015-08-137RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/10/2015. (Attachments: # 1 Exhibit)(Clattenburg, Rachel) (Entered: 08/13/2015)
2015-08-138RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 8/10/2015 (Attachments: # 1 Exhibit)(Clattenburg, Rachel) (Entered: 08/13/2015)
2015-09-039ANSWER to Complaint by DEPARTMENT OF JUSTICE.(Kolsky, Joshua) (Entered: 09/03/2015)
2015-09-1610Joint MOTION for Briefing Schedule by CHRISTOPHER BRICK (Attachments: # 1 Text of Proposed Order)(Clattenburg, Rachel) (Entered: 09/16/2015)
2015-09-17MINUTE ORDER granting 10 Motion for Briefing Schedule and setting briefing schedule for summary judgment motions. Defendant's Motion for Summary Judgment is due by 11/3/2015. Plaintiff's Consolidated Opposition and Cross-Motion for Summary Judgment is due by 12/8/2015. Defendant's Consolidated Reply and Opposition to Plaintiff's Cross-Motion is due by 12/29/2015. Plaintiff's Reply in Support of Cross Motion is due by 1/19/2016. Signed by Judge Ketanji Brown Jackson on 09/17/2015. (lckbj1, ) (Entered: 09/17/2015)
2015-11-0211Consent MOTION for Extension of Time to File Summary Judgment Motion by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 11/02/2015)
2015-11-05MINUTE ORDER granting, for good cause shown, 11 Consent Motion for Extension of Time to File Summary Judgment Motion. It is hereby ORDERED that the briefing schedule in this matter is modified as follows: Defendant's Motion for Summary Judgment is due by 11/17/2015. Plaintiff's Consolidated Opposition and Cross-Motion for Summary Judgment is due by 12/22/2015. Defendant's Consolidated Reply and Opposition to Plaintiff's Cross-Motion is due by 1/12/2016. Plaintiff's Reply in Support of Cross Motion is due by 2/2/2016. Any further requests for extensions of time must comply with 3 the Court's General Order and Guidelines for Civil Cases. Counsel are specifically directed to Section 5 of the Appendix to the General Order and Guidelines. Signed by Judge Ketanji Brown Jackson on 11/5/2015. (lckbj1) (Entered: 11/05/2015)
2015-11-06Set/Reset Deadlines: Response to Motion for Summary Judgment due by 12/22/2015. (gdf) (Entered: 11/06/2015)
2015-11-1712MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Text of Proposed Order)(Kolsky, Joshua) (Entered: 11/17/2015)
2015-11-18MINUTE ORDER. On 8/3/2015, this Court issued its 3 General Order and Guidelines for Civil Cases, which lays out in detail instructions for briefing any motion in this matter. Defendants 12 Motion for Summary Judgment, does not conform to these instructions in that it does not contain a Table of Contents and Table of Authorities ( 5(a)(i)). Accordingly, it is hereby ORDERED that by 12/4/2015, Defendant shall file an ERRATA attaching an updated copy of their 12 Motion for Summary Judgment that fully complies with this Court's 3 General Order and Guidelines. The Court previously ordered the parties to comply the 3 General Order and Guidelines with respect to all filings; the Court may sua sponte strike any non-compliant future filings. Signed by Judge Ketanji Brown Jackson on 11/18/2015. (lckbj1) (Entered: 11/18/2015)
2015-11-2513NOTICE of Errata by DEPARTMENT OF JUSTICE re 12 MOTION for Summary Judgment (Attachments: # 1 Exhibit (Motion for Summary Judgment), # 2 Exhibit (Proposed Order), # 3 Exhibit (Declaration), # 4 Exhibit (Exhibits))(Kolsky, Joshua) (Entered: 11/25/2015)
2015-12-2214Cross MOTION for Summary Judgment by CHRISTOPHER BRICK (Attachments: # 1 Affidavit of Christopher Brick, # 2 Exhibit to Brick Declaration, # 3 Text of Proposed Order)(Clattenburg, Rachel) (Entered: 12/22/2015)
2015-12-2215Memorandum in opposition to re 12 MOTION for Summary Judgment filed by CHRISTOPHER BRICK. (Attachments: # 1 Affidavit of Christopher Brick, # 2 Exhibit to Brick Declaration, # 3 Text of Proposed Order)(Clattenburg, Rachel) (Entered: 12/22/2015)
2016-01-0816Consent MOTION for Extension of Time to File Combined Summary Judgment Reply and Opposition Memorandum by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 01/08/2016)
2016-01-13MINUTE ORDER granting, for good cause shown, 16 Consent Motion for Extension of Time to File Combined Summary Judgment Reply and Opposition Memorandum, nunc pro tunc to 1/12/2016. It is hereby ORDERED that the briefing schedule in this matter is modified as follows: Defendant's Consolidated Reply and Opposition to Plaintiff's Cross-Motion is due by 1/26/2016. Plaintiff's Reply in Support of Cross Motion is due by 2/16/2016. Signed by Judge Ketanji Brown Jackson on 1/13/2016. (lckbj1) (Entered: 01/13/2016)
2016-01-2717Consent MOTION for Extension of Time to File Combined Summary Judgment Opposition/Reply by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 01/27/2016)
2016-02-0118REPLY to opposition to motion re 12 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts (Response), # 2 Declaration)(Kolsky, Joshua) Modified on 2/2/2016 (jf). (Entered: 02/01/2016)
2016-02-0119Memorandum in opposition to re 14 Cross MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts (Response), # 2 Declaration)(Kolsky, Joshua) Modified on 2/2/2016 (jf). (Entered: 02/01/2016)
2016-02-02MINUTE ORDER granting, for good cause shown, 17 Consent Motion for Extension of Time to File Combined Summary Judgment Reply and Opposition, nunc pro tunc. It is hereby ORDERED that the briefing schedule in this matter is modified as follows: Defendant's Consolidated Reply and Opposition to Plaintiff's Cross-Motion is due by 2/1/2016. Plaintiff's Reply in Support of Cross Motion is due by 2/22/2016. Signed by Judge Ketanji Brown Jackson on 2/2/2016. (lckbj1) (Entered: 02/02/2016)
2016-02-2220REPLY to opposition to motion re 12 MOTION for Summary Judgment , 14 Cross MOTION for Summary Judgment filed by CHRISTOPHER BRICK. (Clattenburg, Rachel) (Entered: 02/22/2016)
2016-02-2221NOTICE of Errata by DEPARTMENT OF JUSTICE re 12 MOTION for Summary Judgment (Attachments: # 1 Declaration)(Kolsky, Joshua) (Entered: 02/22/2016)
2017-04-1322NOTICE of Appearance by Scott Lawrence Nelson on behalf of CHRISTOPHER BRICK (Nelson, Scott) (Entered: 04/13/2017)
2017-04-1923NOTICE OF WITHDRAWAL OF APPEARANCE as to CHRISTOPHER BRICK. Attorney Rachel M. Clattenburg terminated. (Clattenburg, Rachel) (Entered: 04/19/2017)
2017-11-0924MEMORANDUM OPINION AND ORDER denying without prejudice 12 , 14 Motion for Summary Judgment, requiring parties to submit proposed schedule for renewed summary judgment briefing on or before 12/8/2017, and requiring submission of documents for in camera review. See attached document for details. Signed by Judge Ketanji Brown Jackson on 11/9/2017. (lckbj1) (Entered: 11/09/2017)
2017-12-0825PROPOSED BRIEFING SCHEDULE (Joint) by DEPARTMENT OF JUSTICE. (Kolsky, Joshua) (Entered: 12/08/2017)
2017-12-26MINUTE ORDER adopting the parties' proposed schedule for renewed motions for summary judgment. It is hereby ORDERED that the following briefing schedule is set in this matter: Defendant's motion for summary judgment is due on or before 2/1/2018; Plaintiff's consolidated opposition and cross-motion for summary judgment is due on or before 3/1/2018; Defendant's consolidated reply and cross-motion opposition is due on or before 3/22/2018; Plaintiff's cross-motion reply is due on or before 4/5/2018. Signed by Judge Ketanji Brown Jackson on 12/26/2017. (lckbj1) (Entered: 12/26/2017)
2018-02-0126MOTION for Summary Judgment (Renewed) by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration (Fourth Hardy Declaration), # 2 Text of Proposed Order)(Kolsky, Joshua) (Entered: 02/01/2018)
2018-02-0127NOTICE of Lodging Classified Declaration and Unredacted Documents with Classified Information Security Officer by DEPARTMENT OF JUSTICE (Kolsky, Joshua) (Entered: 02/01/2018)
2018-03-0128Cross MOTION for Summary Judgment Renewed by CHRISTOPHER BRICK (Attachments: # 1 Text of Proposed Order)(Nelson, Scott) (Entered: 03/01/2018)
2018-03-0129Memorandum in opposition to re 26 MOTION for Summary Judgment (Renewed) filed by CHRISTOPHER BRICK. (Attachments: # 1 Text of Proposed Order)(Nelson, Scott) (Entered: 03/01/2018)
2018-03-2130Consent MOTION for Extension of Time to File Response/Reply as to 28 Cross MOTION for Summary Judgment Renewed , 26 MOTION for Summary Judgment (Renewed) by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 03/21/2018)
2018-03-26MINUTE ORDER granting 30 Consent Motion for Extension of Time to File Response/Reply re 28 Cross MOTION for Summary Judgment Renewed , 26 MOTION for Summary Judgment (Renewed) . It is hereby ORDERED that Defendant's consolidated summary judgment reply and cross-motion opposition is due on or before 3/26/2018, and that Plaintiff's cross-motion reply is due on or before 4/9/2018. Signed by Judge Ketanji Brown Jackson on 03/26/2018. (lckbj1) (Entered: 03/26/2018)
2018-03-2631REPLY to opposition to motion re 26 MOTION for Summary Judgment (Renewed) filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts (Response))(Kolsky, Joshua) (Entered: 03/26/2018)
2018-03-2632Memorandum in opposition to re 28 Cross MOTION for Summary Judgment Renewed filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts (Response))(Kolsky, Joshua) (Entered: 03/26/2018)
2018-04-0933REPLY to opposition to motion re 28 Cross MOTION for Summary Judgment Renewed filed by CHRISTOPHER BRICK. (Nelson, Scott) (Entered: 04/09/2018)
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by FOIA Project Staff