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Case TitleWILLIAMS v. EXECUTIVE OFFICE FOR U.S. ATTORNEYS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00019
Date Filed2018-01-04
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffDAVID WILLIAMS
DefendantEXECUTIVE OFFICE FOR U.S. ATTORNEYS
DefendantEXECUTIVE OFFICE FOR THE U.S. ATTORNEYS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [23]
FOIA Project Annotation: Judge Dabney Friedrich has ruled that the Executive Office for U.S. Attorneys has not yet shown that records it withheld from prisoner David Williams were protected either by a court sealing order or Exemption 3 (other statutes). Williams was convicted of mail fraud and other crimes. Nearly 10 years later, he filed a request with EOUSA for records pertaining to his conviction. Williams filed suit after the agency failed to respond. The agency then disclosed 528 pages in full, 30 pages in part, and withheld 249 pages in full. Williams argued that the agency was required to identify those portions of the records that pertained to potentially exculpatory evidence. Friedrich disagreed, noting that while Williams was free to request all records related to his case including "any Brady, Giglio, or Jencks Act material the government may have, but [FOIA] does not require EOUSA to identify the materials as such." The agency had withheld 10 records solely because they had been sealed by the court. Friedrich found that explanation wanting and pointed out that under Morgan v. Dept of Justice, 923 F.2d 195 (D.C. Cir. 1991), "the mere existence of a court seal is, without more, insufficient to justify nondisclosure under FOIA." She then found the agency's Vaughn index insufficient to supports its claim that 148 pages of grand jury records were properly withheld under Rule 6(e) on grand jury secrecy. She pointed out that "although EOUSA has listed a few documents withheld under Exemption 3 and Rule 6(e) in its Vaughn index, it has not suggested that these documents are representative of the more than 100 pages of documents withheld." Friedrich found the agency's claims under Exemption 5 (privileges) and Exemption 7(C) (invasion of privacy concerning law enforcement records) were appropriate. However, she indicated that the agency had not yet shown that information withheld under Exemption 6 (invasion of privacy) and 7(C) could not be segregated and disclosed. She observed that "it is not clear whether the exempt information in these documents is 'inextricably intertwined' with the nonexempt information, and thus whether redactions are appropriate."
Issues: Exemption 3 - Limited agency discretion, Exemption 6 - Invasion of privacy
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-01-04Initiating Pleading & IFP Application Received on 12/22/2017. (zsb) (Entered: 01/10/2018)
2018-01-041COMPLAINT against EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS filed by DAVID WILLIAMS. (Attachments: # 1 Declaration, # 2 Exhibit)(zsb) (Entered: 01/10/2018)
2018-01-042MOTION for Leave to Proceed in forma pauperis by DAVID WILLIAMS (Attachment: # 1 Declaration)(zsb) (Entered: 01/10/2018)
2018-01-043PRISONER TRUST FUND ACCOUNT STATEMENT by DAVID WILLIAMS (zsb) (Entered: 01/10/2018)
2018-01-264ORDER directing an initial partial filing fee in the amount of $31.61 from Prison Account of DAVID WILLIAMS and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge Timothy J. Kelly on 01/26/2018. (zsb) (Entered: 01/29/2018)
2018-01-26Case Assigned to Judge Dabney L. Friedrich. (zsb) (Entered: 01/31/2018)
2018-01-315SUMMONS (3) Issued as to EXECUTIVE OFFICE FOR U.S. ATTORNEYS, U.S. Attorney and U.S. Attorney General (zmd) (Entered: 02/02/2018)
2018-03-13Partial Filing Fee Received from DAVID WILLIAMS in the amount of $5.00, receipt number: 4616090023. (zrdj) (Entered: 03/14/2018)
2018-03-166RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR U.S. ATTORNEYS served on 3/15/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/15/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/15/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 4/14/2018.) (jf) (Entered: 03/19/2018)
2018-03-30Partial Filing Fee Received from DAVID WILLIAMS in the amount of $5.00, receipt number: 4616090284. (zrdj) (Entered: 04/03/2018)
2018-04-167ANSWER to 1 Complaint by EXECUTIVE OFFICE FOR U.S. ATTORNEYS. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C, # 4 Attachment D)(Shoaibi, Alexander) (Entered: 04/16/2018)
2018-06-048MOTION to be served with a copy of defendant's re 7 Answer to Complaint, MOTION for Extension of Time to File Response/Reply to defendant's Answer by DAVID WILLIAMS (ztd) (Entered: 06/08/2018)
2018-07-039MOTION for Summary Judgment by DAVID WILLIAMS (jf) (Entered: 07/03/2018)
2018-07-1610First MOTION for Extension of Time to Respond to 9 Plaintiff's Motion for Summary Judgment by EXECUTIVE OFFICE FOR U.S. ATTORNEYS (Shoaibi, Alexander) Modified to add link on 7/17/2018 (tth). (Entered: 07/16/2018)
2018-07-17MINUTE ORDER. Upon consideration of the defendant's 10 Motion for Extension of Time to Respond, it is ORDERED that the motion is GRANTED. The defendant shall respond to the motion for summary judgment on or before August 16, 2018. Signed by Judge Dabney L. Friedrich on July 17, 2018. (MJS) (Entered: 07/17/2018)
2018-07-18Set/Reset Deadlines: Defendant's response due by 8/16/2018. (jl) (Entered: 07/18/2018)
2018-07-3111NOTICE OF SUBSTITUTION OF COUNSEL by Melanie Dyani Hendry on behalf of EXECUTIVE OFFICE FOR U.S. ATTORNEYS Substituting for attorney Alexander Shoaibi (Hendry, Melanie) (Entered: 07/31/2018)
2018-08-1012MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Summary Judgment by EXECUTIVE OFFICE FOR U.S. ATTORNEYS (Hendry, Melanie) (Entered: 08/10/2018)
2018-08-10MINUTE ORDER granting the defendant's 12 Motion for an Extension of Time. It is ORDERED that the defendant's motion is GRANTED. It is further ORDERED that the defendant's opposition to the plaintiff's Motion for Summary Judgment shall be due on or before September 28, 2018. Signed by Judge Dabney L. Friedrich on August 10, 2018. (lcdlf2) (Entered: 08/10/2018)
2018-08-3114MOTION for Extension of Time by DAVID WILLIAMS (zrdj) (Entered: 09/11/2018)
2018-09-0413Mail Returned as Undeliverable; Sent to David Williams; Type of Document Returned: MINUTE ORDER; Resent at New Address: N/A. (jl) (Entered: 09/04/2018)
2018-09-05Partial Filing Fee Received from David Williams III in the amount of $5.00, receipt number: 4616094364. (jf) (Entered: 10/29/2018)
2018-09-12MINUTE ORDER. Upon consideration of the plaintiff's 14 Motion for Extension of Time to Respond to Defendant's Response to Plaintiff's Summary Judgment Motion and Notice of Change of Address, it is ORDERED that the motion is GRANTED for good cause shown. Accordingly, the Clerk of Court is directed to update the case docket to reflect the plaintiff's new address: David Williams; Reg. No. 24383-018; FCC Coleman-Medium; Post Office Box 1032; Coleman, Florida 33521-1032. The Clerk of Court is further directed to mail a copy of the case docket, including this minute order, to the plaintiff at his new address. The United States of America's opposition to the plaintiff's motion for summary judgment is due on September 28, 2018 pursuant to the minute order dated August 10, 2018, which granted the United States an extension of time. The Clerk's Office shall mail a copy of the United States' opposition to the plaintiff once filed. As requested, the plaintiff shall then have 30 days to file his reply in support of his motion for summary judgment. The plaintiff's reply shall be filed on or before November 5, 2018. Signed by Judge Dabney L. Friedrich on September 12, 2018. (JK) (Entered: 09/12/2018)
2018-09-12Set/Reset Deadlines: Reply due by 11/5/2018. (JK) (Entered: 09/12/2018)
2018-09-2715MOTION for Extension of Time to File Response/Reply and for Entry of Summary Judgment Cross-Motion Briefing Schedule by EXECUTIVE OFFICE FOR U.S. ATTORNEYS (Hendry, Melanie). Added MOTION for Briefing Schedule on 10/2/2018 (tth). (Entered: 09/27/2018)
2018-10-01MINUTE ORDER granting the defendant's 15 Motion for Extension of Time and Entry of Summary Judgment Cross-Motion Briefing Schedule. Accordingly, it is ORDERED that the defendant's combined opposition to the plaintiff's motion for summary judgment and cross-motion for summary judgment shall be filed on or before October 29, 2018; the plaintiff's combined reply in support of his motion for summary judgment and opposition to the defendant's cross-motion for summary judgment shall be filed on or before November 29, 2018; and the defendant's reply in support of its cross-motion for summary judgment shall be filed on or before December 21, 2018. Signed by Judge Dabney L. Friedrich on October 1, 2018. (JK) (Entered: 10/01/2018)
2018-10-01Set/Reset Deadlines/Hearings: Combined reply in support of motion for summary judgment and opposition to the defendant's cross-motion for summary judgment due by 11/29/2018. Defendant's reply in support of its cross-motion for summary judgment due by 12/21/2018. (jl) (Entered: 10/02/2018)
2018-10-2616MOTION for Extension of Time to File Summary Judgment Opposition and Cross-Motion by EXECUTIVE OFFICE FOR U.S. ATTORNEYS (Hendry, Melanie) (Entered: 10/26/2018)
2018-10-26MINUTE ORDER: It is ORDERED that 8 Plaintiff's motion to be served a copy of defendant's Answer and for an extension of time to reply to the Answer is granted in part and denied in part. The Answer does not include a certificate of service required by Local Civil Rules 5.3 and 5.4(d)(2); therefore, defendant shall promptly serve plaintiff with that document. As to the remaining request, defendant has not pled a counterclaim necessitating a reply from plaintiff, and a briefing schedule is otherwise in place. Therefore, plaintiff's request for an extension of time to reply to the answer is denied. Signed by Judge Dabney L. Friedrich on 10/26/18.(ah) (Entered: 10/26/2018)
2018-10-26MINUTE ORDER granting 16 the defendant's Motion for an Extension of Time. It is ORDERED that the briefing schedule is amended as follows. The defendant's combined opposition to the plaintiff's motion for summary judgment and cross-motion for summary judgment shall be filed on or before November 14, 2018; the plaintiff's combined reply in support of his motion for summary judgment and opposition to the defendant's cross-motion for summary judgment shall be filed on or before December 14, 2018; and the defendant's reply in support of its cross-motion for summary judgment shall be filed on or before January 8, 2019. Because this is the government's fourth extension in these proceedings, the Court will grant it no further extensions, save a showing of extraordinary, unforeseen circumstances. Signed by Judge Dabney L. Friedrich on 10/26/18.(ah) (Entered: 10/26/2018)
2018-10-29Set/Reset Deadlines/Hearings: Defendant's combined opposition to the plaintiff's motion for summary judgment and cross-motion for summary judgment due by 11/14/2018. Plaintiff's combined reply in support of his motion for summary judgment and opposition to the defendant's cross-motion for summary judgment due by 12/14/2018. Defendant's reply in support of its cross-motion for summary judgment due by 1/18/2019. (jl) (Entered: 10/29/2018)
2018-10-2917CERTIFICATE OF SERVICE by EXECUTIVE OFFICE FOR U.S. ATTORNEYS . (Hendry, Melanie) (Entered: 10/29/2018)
2018-11-1418MOTION for Summary Judgment by EXECUTIVE OFFICE FOR U.S. ATTORNEYS (Attachments: # 1 Francis Declaration, # 2 Hoobler Declaration, # 3 Statement of Facts)(Hendry, Melanie) (Entered: 11/14/2018)
2018-11-1419RESPONSE re 9 MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR U.S. ATTORNEYS. (Attachments: # 1 Francis Declaration, # 2 Hoobler Declaration)(Hendry, Melanie) (Entered: 11/14/2018)
2018-12-0420Order advising plaintiff to file his combined opposition to defendant's motion for summary judgment and any reply in further support of his motion for summary judgment by the previously scheduled deadline of December 14, 2018 (see document for details). Signed by Judge Dabney L. Friedrich on 12/4/18.(ah) (Entered: 12/04/2018)
2018-12-2021Memorandum in opposition to re 18 MOTION for Summary Judgment filed by DAVID WILLIAMS. "Let this be filed." by Judge Dabney L. Friedrich on 12/20/2018. (Attachments: # 1 Statement of Facts, # 2 Attachments) (tth) (Entered: 12/21/2018)
2019-01-17Partial Filing Fee Received from DAVID WILLIAMS in the amount of $5.00, receipt number: 4616096317. (zrdj) (Entered: 01/18/2019)
2019-01-3122MOTION for Order to Show Cause by DAVID WILLIAMS (ztd) (Entered: 02/05/2019)
2019-03-2523MEMORANDUM OPINION AND ORDER denying as moot the plaintiff's 4 Motion for Summary Judgment, granting in part and denying in part the defendant's 18 Motion for Summary Judgment, and denying the plaintiff's 22 Motion for Order to Show Cause. See text for details. Signed by Judge Dabney L. Friedrich on March 25, 2019. (lcdlf2) Modified document type on 3/26/2019 (zcdw). (Entered: 03/25/2019)
2019-03-25Set/Reset Deadlines/Hearings: EOUSA's supplement to the record due by 5/24/2019. (zcdw) (Entered: 03/26/2019)
2019-05-2324MOTION for Extension of Time to File Supplemental Record by EXECUTIVE OFFICE FOR U.S. ATTORNEYS (Hendry, Melanie) (Entered: 05/23/2019)
2019-05-23MINUTE ORDER granting the defendant's 24 Motion for Extension of Time. The defendant shall supplement the record on or before June 24, 2019. Signed by Judge Dabney L. Friedrich on May 23, 2019. (lcdlf2) (Entered: 05/23/2019)
2019-05-23Set/Reset Deadlines: Supplemental Memorandum due by 6/24/2019. (zcal) (Entered: 05/24/2019)
2019-06-2125MOTION to Amend/Correct Schedule , MOTION for Scheduling Order by EXECUTIVE OFFICE FOR U.S. ATTORNEYS (Hendry, Melanie) (Entered: 06/21/2019)
2019-06-23MINUTE ORDER granting the defendant's 25 Motion to Amend Schedule. The defendant shall file a status report on or before July 26, 2019. Signed by Judge Dabney L. Friedrich on June 23, 2019. (lcdlf2) (Entered: 06/23/2019)
2019-06-23Set/Reset Deadlines: Status Report due by 7/26/2019. (zcal) (Entered: 06/24/2019)
2019-07-2626STATUS REPORT by EXECUTIVE OFFICE FOR U.S. ATTORNEYS. (Hendry, Melanie) (Entered: 07/26/2019)
2019-07-28MINUTE ORDER. Upon consideration of the defendant's 26 Status Report, it is ORDERED that the defendant shall submit another status report on or before August 26, 2019. Signed by Judge Dabney L. Friedrich on July 28, 2019. (lcdlf2) (Entered: 07/28/2019)
2019-07-28Set/Reset Deadlines: Status Report due by 8/26/2019. (zcal) (Entered: 07/29/2019)
2019-08-0727NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of EXECUTIVE OFFICE FOR U.S. ATTORNEYS Substituting for attorney Melanie Hendry (Moustakas, John) (Entered: 08/07/2019)
2019-08-0828ERRATA by EXECUTIVE OFFICE FOR U.S. ATTORNEYS. (Attachments: # 1 Supplement)(Moustakas, John) (Entered: 08/08/2019)
2019-08-2230RESPONSE re 26 Status Report filed by DAVID WILLIAMS. (Attachments: # 1 Declaration, # 2 Exhibits A - B) (ztth) (Entered: 08/27/2019)
2019-08-2629STATUS REPORT by EXECUTIVE OFFICE FOR U.S. ATTORNEYS. (Moustakas, John) (Entered: 08/26/2019)
2019-08-27MINUTE ORDER. Upon consideration of the government's 29 Status Report, it is ORDERED that the government shall submit another status report proposing a briefing schedule on or before September 18, 2019. So Ordered by Judge Dabney L. Friedrich on August 27, 2019. (lcdlf2) (Entered: 08/27/2019)
2019-09-0931RESPONSE re 29 Status Report filed by DAVID WILLIAMS. (zrdj) (Entered: 09/12/2019)
2019-09-1632AFFIDAVIT by DAVID WILLIAMS. (ztd) (Entered: 09/18/2019)
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