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Case TitlePARKER v. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01253
Date Filed2015-08-04
Date ClosedOpen
JudgeJudge Rudolph Contreras
PlaintiffLONNIE J. PARKER Dr.
Case DescriptionLonnie Parker submitted a FOIA request to U.S. Immigration and Customs Enforcement for records from the agency's Little Rock office pertaining to Parker from 1998 to 2006. The agency located 60 pages of records, but withheld them entirely under Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), Exemption 7(E) (investigative methods and techniques), and subsection (j)(2) of the Privacy Act. Parker appealed the agency's denial, which was upheld on appeal. He then filed suit.
Complaint issues: Exemption 7, Litigation - Attorney's fees

DefendantUNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [31]
FOIA Project Annotation: Judge Rudolph Contreras has ruled that U.S. Immigration and Customs Enforcement properly withheld records concerning its criminal investigation of Lonnie Parker under Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(E) (investigative methods and techniques), but that it has not yet shown that in conducted an adequate search. The agency initially disclosed 60 pages and then, after Parker complained about the search, the agent in Little Rock who was primarily involved with Parker's investigation conducted a manual search of his files and located an additional 129 pages. ICE argued that since Parker had not objected to the agency's withholding or segregability claims, Contreras should accept them. But he pointed out that "this matter is no longer so simple. The D.C. Circuit has held [in Winston & Strawn v. McLean, 843 F.3d 503 (D.C. Cir. 2016)] thatâ€"even if the nonmovant does not respond to the motion for summary judgmentâ€"the court cannot grant the motion simply because it was conceded. This requires the Court to conduct an independent evaluation to determine whether the record and any undisputed materials facts justify granting summary judgment." Finding the agency's exemption claims appropriate, Contreras upheld the claims. Turning to the search, Contreras agreed with Parker's contention that the agency had not explained why a former agent's emails could no longer be searched. He pointed out that "Mr. Parker argues that ICE provides 'no meaningful details' such as the 'computer programs' the backup system uses or descriptions of any attempts by ICE to search the backup system. The D.C. Circuit has required that an agency 'inform the court and plaintiffs whether backup tapes of any potential relevance exist' and 'whether there is any practical obstacle to searching them.' As the mention of obstacles suggests, not every backup system is amenable to search. The D.C. Circuit noted that searching a backup system could be 'impossible, impractical, or futile' if the system was configured only to restore data after a disaster and did not include the ability to locate a specific file." Ordering the agency to provide a more detailed explanation, Contreras noted that "ICE [should] provide an affidavit from an information-technology professional that describes the email backup system potentially containing [the former agent's] emails with greater specificity and describes any practical obstacles to searching that system."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 7(E) - Investigative methods or techniques, Choice of format - Burdensome
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-08-041COMPLAINT against UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number 0090-4198991) filed by LONNIE J. PARKER. (Attachments: # 1 Civil Cover Sheet)(Stotter, Daniel) (Entered: 08/04/2015)
2015-08-04Case Assigned to Judge Rudolph Contreras. (sth) (Entered: 08/05/2015)
2015-08-05SUMMONS Not Issued as to UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (sth) (Entered: 08/05/2015)
2015-08-052REQUEST FOR SUMMONS TO ISSUE by LONNIE J. PARKER filed by LONNIE J. PARKER.(Stotter, Daniel) (Entered: 08/05/2015)
2015-08-123SUMMONS (3) Issued Electronically as to UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 08/12/2015)
2015-09-154Consent MOTION for Extension of Time to Respond to Plaintiff's Complaint by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Truong, John) (Entered: 09/15/2015)
2015-09-15MINUTE ORDER granting 4 Defendant's Consent Motion for Extension of Time: It is hereby ORDERED that Defendant shall file its response to Plaintiff's Complaint on or before October 23, 2015. SO ORDERED. Signed by Judge Rudolph Contreras on 9/15/2015. (lcrc2) (Entered: 09/15/2015)
2015-10-205Consent MOTION for Extension of Time to Respond To Complaint by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Truong, John) (Entered: 10/20/2015)
2015-10-21MINUTE ORDER granting 5 Defendant's Consent Motion for Extension of Time: It is hereby ORDERED that Defendant shall file its response to Plaintiff's Complaint on or before November 20, 2015. SO ORDERED. Signed by Judge Rudolph Contreras on 10/21/2015. (lcrc2) (Entered: 10/21/2015)
2015-11-206ANSWER to Complaint by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT.(Truong, John) (Entered: 11/20/2015)
2015-11-20MINUTE ORDER: It is hereby ORDERED that the parties shall meet and confer and submit a proposed briefing schedule on or before December 4, 2015. SO ORDERED. Signed by Judge Rudolph Contreras on 11/20/2015. (lcrc2) (Entered: 11/20/2015)
2015-12-037Consent MOTION for Extension of Time to Submit Joint Proposed Briefing Schedule by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Truong, John) (Entered: 12/03/2015)
2015-12-03MINUTE ORDER granting 7 Defendant's Consent Motion for Extension of Time: It is hereby ORDERED that the parties shall submit their proposed briefing schedule on or before December 14, 2015. SO ORDERED. Signed by Judge Rudolph Contreras on 12/03/2015. (lcrc2) (Entered: 12/03/2015)
2015-12-108NOTICE of Proposed Order For Briefing Schedule by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Truong, John) (Entered: 12/10/2015)
2015-12-119SCHEDULING ORDER. See document for details. Signed by Judge Rudolph Contreras on 12/11/2015. (lcrc2) (Entered: 12/11/2015)
2016-02-1110Consent MOTION to Modify In Part Scheduling Order (ECF No. 9) by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Truong, John) (Entered: 02/11/2016)
2016-02-11MINUTE ORDER granting 10 Defendant's Motion to Modify in Part the Court's Scheduling Order: It is hereby ORDERED that Defendant shall provide Plaintiff with a declaration on the scope of the search conducted and a Vaughn Index (declaration) regarding the withheld information on or before February 19, 2016. All other deadlines contained in 9 the Court's Scheduling Order remain unchanged. SO ORDERED. Signed by Judge Rudolph Contreras on 02/11/2016. (lcrc2) (Entered: 02/11/2016)
2016-02-1811Consent MOTION to Modify In Part The December 11, 2015 Scheduling Order (ECF No. 9) by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Truong, John) (Entered: 02/18/2016)
2016-02-18MINUTE ORDER granting 11 Defendant's Motion to Modify in Part the Court's Scheduling Order: It is hereby ORDERED that Defendant shall provide Plaintiff with a declaration on the scope of the search conducted and a Vaughn Index (declaration) regarding the withheld information on or before February 26, 2016. It is FURTHER ORDERED that Defendant shall conclude conferring with Plaintiff regarding Defendant's declarations and Vaughn Index, with the goal of arriving at an informal resolution of this action, on or before March 14, 2016. All other deadlines contained in 9 the Court's Scheduling Order remain unchanged. SO ORDERED. Signed by Judge Rudolph Contreras on 02/18/2016.(lcrc2) (Entered: 02/18/2016)
2016-02-2512NOTICE of Compliance with February 18, 2016 Minute Order by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Truong, John) (Entered: 02/25/2016)
2016-03-2413Consent MOTION to Modify December 11, 2015 Scheduling Order (ECF No. 9) by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Truong, John) (Entered: 03/24/2016)
2016-03-24MINUTE ORDER granting in part 13 Defendant's Consent Motion to Modify the Court's Scheduling Order: It is hereby ORDERED that the briefing deadlines set forth in 9 the Court's December 11, 2015 Scheduling Order are VACATED. It is FURTHER ORDERED that the parties shall submit a Joint Status Report on or before April 25, 2016 apprising the Court of the progress of Defendant's search for documents and document production, the parties' efforts to resolve this case informally and, if necessary, a proposed briefing schedule. SO ORDERED. Signed by Judge Rudolph Contreras on 03/24/2016. (lcrc2) (Entered: 03/24/2016)
2016-03-24Set/Reset Deadlines: Status Report due by 4/25/2016 (tj) (Entered: 03/24/2016)
2016-04-2514Joint STATUS REPORT by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Truong, John) (Entered: 04/25/2016)
2016-04-25MINUTE ORDER concerning 14 the Parties' Joint Status Report. It is hereby ORDERED that Defendant shall provide Plaintiff with a supplemental declaration and release any additional information responsive to Plaintiff's FOIA request on or before May 13, 2016. It is FURTHER ORDERED that the parties shall meet and confer with the goal of resolving this case informally or to narrow the issues for summary judgment purposes, to conclude by May 27, 2016. In the event the parties reach a settlement in principle, they shall promptly notify the Court. It is FURTHER ORDERED that, if necessary, the parties shall submit on or before June 3, 2016, a Joint Status Report and proposed briefing schedule to govern the filing of summary judgment motions. SO ORDERED. Signed by Judge Rudolph Contreras on 04/25/2016. (lcrc2) (Entered: 04/25/2016)
2016-05-2515Consent MOTION for Extension of Time to Meet and Confer and to File a Joint Status Report by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Truong, John) (Entered: 05/25/2016)
2016-05-25MINUTE ORDER granting 15 Consent Motion for Extension of Time: It is hereby ORDERED that the parties shall meet and confer with the goal of resolving this case informally or to narrow the issues for summary judgment purposes, to conclude by June 16, 2016. In the event the parties reach a settlement in principle, they shall promptly notify the Court. It is FURTHER ORDERED that, if necessary, the parties shall submit on or before June 23, 2016, a Joint Status Report and proposed briefing schedule to govern the filing of summary judgment motions. SO ORDERED. Signed by Judge Rudolph Contreras on 05/25/2015. (lcrc2) (Entered: 05/25/2016)
2016-05-26Set/Reset Deadlines: Status Report due by 6/23/2016 (tj) (Entered: 05/26/2016)
2016-06-2216Joint STATUS REPORT & Proposed Briefing Schedule by LONNIE J. PARKER. (Stotter, Daniel) (Entered: 06/22/2016)
2016-06-22SCHEDULING MINUTE ORDER: Upon consideration of 16 the Parties' Joint Status Report and Proposed Briefing Schedule, it is hereby ORDERED that Defendant shall file its Motion for Summary Judgment on or before August 1, 2016. It is FURTHER ORDERED that Plaintiff shall file his Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment on or before September 12, 2016. It is FURTHER ORDERED that Defendant shall file its Reply and Opposition to Plaintiff's Cross-Motion for Summary Judgment on or before October 12, 2016. It is FURTHER ORDERED that Plaintiff shall file his Reply to Defendant's Opposition on or before November 11, 2016. SO ORDERED. Signed by Judge Rudolph Contreras on 06/22/2016. (lcrc2) (Entered: 06/22/2016)
2016-06-23Set/Reset Deadlines: Cross Motions due by 9/12/2016. Response to Cross Motions due by 10/12/2016. Reply to Cross Motions due by 11/11/2016. Summary Judgment motions due by 8/1/2016. Response to Motion for Summary Judgment due by 9/12/2016. Reply to Motion for Summary Judgment due by 10/12/2016. (tj) (Entered: 06/23/2016)
2016-08-0117MOTION for Summary Judgment by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Exhibits 1 to 5)(Truong, John) (Entered: 08/01/2016)
2016-08-0118NOTICE of Declaration of Fernando Pineiro In Support of Motion for Summary Judgment (ECF No. 17) by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT re 17 MOTION for Summary Judgment (Truong, John) (Entered: 08/01/2016)
2016-09-1219MOTION for Summary Judgment and Memorandum of Points & Authorities by LONNIE J. PARKER (Attachments: # 1 Statement of Facts, # 2 Declaration of Dr. Lonnie Parker, # 3 Text of Proposed Order)(Stotter, Daniel) (Entered: 09/12/2016)
2016-09-1220Memorandum in opposition to re 17 MOTION for Summary Judgment filed by LONNIE J. PARKER. (Attachments: # 1 Statement of Facts, # 2 Declaration of Dr. Lonnie Parker, # 3 Text of Proposed Order)(Stotter, Daniel) (Entered: 09/12/2016)
2016-10-1221REPLY to opposition to motion re 17 MOTION for Summary Judgment filed by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Gov. Exh. A (Supplemental Fernando Pineiro Declaration))(Truong, John) (Entered: 10/12/2016)
2016-10-1222Memorandum in opposition to re 19 MOTION for Summary Judgment and Memorandum of Points & Authorities (See ECF No. 21 for supplemental declaration) filed by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Truong, John) (Entered: 10/12/2016)
2016-10-2423Consent MOTION for Extension of Time to File Response/Reply by LONNIE J. PARKER (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 10/24/2016)
2016-10-24MINUTE ORDER granting 23 Consent Motion for Extension of Time: It is hereby ORDERED that Plaintiff shall file his Reply in Support of Plaintiff's Motion for Summary Judgment on or before November 30, 2016. SO ORDERED. Signed by Judge Rudolph Contreras on 10/24/2016. (lcrc1) (Entered: 10/24/2016)
2016-10-26Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 11/30/2016. (tj) (Entered: 10/26/2016)
2016-11-3024REPLY to opposition to motion re 19 MOTION for Summary Judgment and Memorandum of Points & Authorities filed by LONNIE J. PARKER. (Stotter, Daniel) (Entered: 11/30/2016)
2016-11-3029MOTION for FRCP 56(D) Discovery by LONNIE J. PARKER. (See page 5 of Docket Entry 24 to view document). (znmw) (Entered: 01/09/2017)
2016-12-1325Consent MOTION for Extension of Time to Respond to Plaintiff's discovery motion by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Truong, John) (Entered: 12/13/2016)
2016-12-13MINUTE ORDER granting 25 Consent Motion for Extension of Time: It is hereby ORDERED that Defendant shall file its response to Plaintiff's motion for discovery on or before December 21, 2016. It is FURTHER ORDERED that Plaintiff shall file any reply to Defendant's response on or before January 4, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 12/13/2016. (lcrc1) (Entered: 12/13/2016)
2016-12-2126RESPONSE re 29 to Plaintiff's Request for Fed. R. Civ. P. 56(d) Discovery filed by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Truong, John) Modified link on 1/9/2017 (znmw). (Entered: 12/21/2016)
2016-12-2927Consent MOTION for Extension of Time to File Response/Reply by LONNIE J. PARKER (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 12/29/2016)
2016-12-29MINUTE ORDER granting 27 Consent Motion for Extension of Time: It is hereby ORDERED that Plaintiff shall file his reply supporting his motion for discovery on or before January 10, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 12/29/2016. (lcrc1) (Entered: 12/29/2016)
2017-01-0828REPLY to opposition to motion re 29 MOTION for FRCP 56(D) Discovery filed by LONNIE J. PARKER. (Stotter, Daniel) Modified link on 1/9/2017 (znmw). (Entered: 01/08/2017)
2017-03-0230ORDER granting in part and denying in part 17 Defendant's motion for summary judgment; denying 19 Plaintiff's motion for summary judgment; and denying 29 Plaintiff's motion for discovery. See document for details. Signed by Judge Rudolph Contreras on 3/2/2017. (lcrc1) (Entered: 03/02/2017)
2017-03-0231MEMORANDUM OPINION granting in part and denying in part 17 Defendant's motion for summary judgment; denying 19 Plaintiff's motion for summary judgment; and denying 29 Plaintiff's motion for discovery. See document for details. Signed by Judge Rudolph Contreras on 3/2/2017. (lcrc1) (Entered: 03/02/2017)
2017-03-03MINUTE ORDER: It is hereby ORDERED that Defendant shall file a renewed motion for summary judgment on or before April 3, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 3/3/2017. (lcrc1) (Entered: 03/03/2017)
2017-03-08Set/Reset Deadlines: Summary Judgment motions due by 4/3/2017. (tj) (Entered: 03/08/2017)
2017-03-2832Consent MOTION for Extension of Time to File Renewed Motion For Summary Judgment by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Truong, John) (Entered: 03/28/2017)
2017-03-28MINUTE ORDER granting 32 Defendant's Consent Motion for Extension of Time: It is hereby ORDERED that Defendant shall file its renewed motion for summary judgment on or before May 18, 2017; Plaintiff shall file its combined opposition and cross-motion for summary judgment on or before June 9, 2017; Defendant shall file its combined reply and opposition on or before June 30, 2017; and Plaintiff shall file its reply on or before July 21, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 3/28/2017. (lcrc1) (Entered: 03/28/2017)
2017-03-28Set/Reset Deadlines: Cross Motions due by 6/9/2017. Response to Cross Motions due by 6/30/2017. Reply to Cross Motions due by 7/21/2017. Summary Judgment motions due by 5/18/2017. Response to Motion for Summary Judgment due by 6/9/2017. Reply to Motion for Summary Judgment due by 6/30/2017. (tj) (Entered: 03/28/2017)
2017-05-1033NOTICE OF SUBSTITUTION OF COUNSEL by Brian J. Field on behalf of All Defendants Substituting for attorney John Truong (Field, Brian) (Entered: 05/10/2017)
2017-05-1034Consent MOTION for Extension of Time to File Renewed Motion for Summary Judgment by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Field, Brian) (Entered: 05/10/2017)
2017-05-10MINUTE ORDER granting 34 Defendant's Consent Motion for Extension of Time: It is hereby ORDERED that Defendant shall file its renewed motion for summary judgment on or before June 23, 2017; Plaintiff shall file its combined opposition and cross-motion for summary judgment on or before July 31, 2017; Defendant shall file its combined reply and opposition on or before August 31, 2017; and Plaintiff shall file its reply on or before September 22, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 5/10/2017. (lcrc1) (Entered: 05/10/2017)
2017-06-2235MOTION for Summary Judgment by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Sanders Decl., # 4 Declaration Mader Decl., # 5 Text of Proposed Order)(Field, Brian) (Entered: 06/22/2017)
2017-08-0136Consent MOTION for Extension of Time to File Response/Reply as to 35 MOTION for Summary Judgment and to Modify Briefing Schedule by LONNIE J. PARKER (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 08/01/2017)
2017-08-01MINUTE ORDER granting 36 Plaintiff's Consent Motion for Extension of Time: It is hereby ORDERED that Plaintiff shall file his opposition and cross-motion for summary judgment on or before August 7, 2017; Defendant shall file its reply and opposition on or before September 7, 2017; and Plaintiff shall file his reply on or before September 29, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 8/1/2017. (lcrc1) (Entered: 08/01/2017)
2017-08-02Set/Reset Deadlines: Cross Motions due by 8/7/2017. Response to Cross Motions due by 9/7/2017. Reply to Cross Motions due by 9/29/2017. Response to Motion for Summary Judgment due by 8/7/2017. Reply to Motion for Summary Judgment due by 9/7/2017. (tj) (Entered: 08/02/2017)
2017-08-0737MOTION for Summary Judgment & Memorandum of Points & Authorities by LONNIE J. PARKER (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Stotter, Daniel) (Entered: 08/07/2017)
2017-08-0738RESPONSE re 35 MOTION for Summary Judgment filed by LONNIE J. PARKER. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Stotter, Daniel) (Entered: 08/07/2017)
2017-09-0739REPLY to opposition to motion re 35 MOTION for Summary Judgment filed by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Field, Brian) (Entered: 09/07/2017)
2017-09-0740Memorandum in opposition to re 37 MOTION for Summary Judgment & Memorandum of Points & Authorities filed by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Field, Brian) (Entered: 09/07/2017)
2017-09-2641Consent MOTION for Extension of Time to File Response/Reply by LONNIE J. PARKER (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 09/26/2017)
2017-09-26MINUTE ORDER granting 41 Plaintiff's Consent Motion for Extension of Time: It is hereby ORDERED that the time for Plaintiff to file his reply in support of his renewed motion for summary judgment shall be extended to October 6, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 09/26/2017. (lcrc1) (Entered: 09/26/2017)
2017-10-0642REPLY to opposition to motion re 37 MOTION for Summary Judgment & Memorandum of Points & Authorities filed by LONNIE J. PARKER. (Stotter, Daniel) (Entered: 10/06/2017)
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