Case Detail

FOIA Project Annotation: Judge Dabney Friedrich has ruled that the Department of the Navy conducted an adequate search and properly withheld records under Exemption 5 (privileges), and Exemption 6 (invasion of privacy) in processing FOIA and Privacy Act requests from Robert Carlborg concerning his 2015 involuntary separation from the Marine Corps. The agency searches located more than 1,750 potentially responsive records but disclosed only 161 pages with redactions. Carlborg challenged the adequacy of the search, particularly focusing on the small number of records released compared to the number of potentially responsive records the agency's searches initially located. However, Friedrich noted that "although there were 1,750 pages of hard copy files identified as responsive to Carlborg's requests, most of those records were duplicative or had already been produced to Carlborg in response to earlier FOIA requests." She also upheld the agency's email search, observing that "the Navy's failure to produce particular emails does not suggest the inadequacy of its search." Friedrich found that emails retrieved by using Carlborg's identifier were not subject to Privacy Act disclosure because they were not contained in a system of records. She pointed out that "although Carlborg stresses that the Navy was able to search these files for Carlborg's name, 'capability to retrieve records based on individual identifiers is not tantamount to actually retrieving them based on such markers.' And Carlborg has not shown that the Navy regularly retrieves information from .pst files using names or personal identifier, or that it created these files in order to do so." Friedrich also rejected Carlborg's contention that 10 U.S.C. § 1556(a) provided a separate avenue for disclosure. She pointed out that "Carlborg has provided no authority that suggests this provision may be enforced as part of an action brought under the FOIA or the Privacy Act, or that this Court has jurisdiction to consider a claim seeking to enforce 10 U.S.C. § 1556(a)." Friedrich agreed with the agency that its withholdings under Exemption 5 and Exemption 6 were appropriate.
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2018-08-10	1	ENTERED IN ERROR.....COMPLAINT against ROBERT S. CARLBORG ( Filing fee $ 400 receipt number 0090-5633497) filed by ROBERT S. CARLBORG. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Gittins, Charles) Modified on 8/14/2018 (zsth). (Entered: 08/10/2018)
2018-08-10		Case Assigned to Judge Dabney L. Friedrich. (zsth) (Entered: 08/14/2018)
2018-08-13	2	COMPLAINT against ROBERT S. CARLBORG (Fee Status:Filing Fee Waived) filed by ROBERT S. CARLBORG. (Attachments: # 1 Civil Cover Sheet)(Gittins, Charles) (Entered: 08/13/2018)
2018-08-13		NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 1 Complaint was entered in error and was refiled as Docket Entry 2 Complaint. (znmw) (Entered: 08/30/2018)
2018-08-15	3	COMPLAINT against ROBERT S. CARLBORG (Fee Status:Filing Fee Waived) filed by ROBERT S. CARLBORG with corrected summons. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Gittins, Charles) Modified on 8/15/2018 (zsth). (Entered: 08/15/2018)
2018-08-15	4	SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zsth) (Entered: 08/15/2018)
2018-08-24	5	COMPLAINT against ROBERT S. CARLBORG (Fee Status:Filing Fee Waived) filed by ROBERT S. CARLBORG. (Attachments: # 1 Summons)(Gittins, Charles) (Entered: 08/24/2018)
2018-08-24	6	SUMMONS (1) Issued Electronically as to DEPARTMENT OF THE NAVY. (sth) (Entered: 08/24/2018)
2018-10-18	7	Consent MOTION for Extension of Time to File Response/Reply by DEPARTMENT OF THE NAVY (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 10/18/2018)
2018-10-19		MINUTE ORDER granting the defendant's 7 Consent Motion for Extension of Time. Accordingly, it is ORDERED that the defendant shall answer or otherwise respond to the plaintiff's complaint on or before November 5, 2018. Signed by Judge Dabney L. Friedrich on October 19, 2018. (lcdlf1) (Entered: 10/19/2018)
2018-11-05	8	ANSWER to Complaint by DEPARTMENT OF THE NAVY.(Peterson, Benton) (Entered: 11/05/2018)
2018-11-07		MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The parties shall file the joint status report on or before November 26, 2018. Signed by Judge Dabney L. Friedrich on November 7, 2018. (lcdlf1) (Entered: 11/07/2018)
2018-11-26	9	Joint STATUS REPORT and Proposed Schedule by ROBERT S. CARLBORG. (Gittins, Charles) (Entered: 11/26/2018)
2018-11-27		MINUTE ORDER adopting the proposal in the parties' 9 Joint Status Report and Proposed Schedule. Accordingly, it is ORDERED that the parties shall file another joint status report on or before January 25, 2019. Signed by Judge Dabney L. Friedrich on November 27, 2018. (lcdlf1) (Entered: 11/27/2018)
2019-01-22	10	Consent MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by DEPARTMENT OF THE NAVY (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/22/2019)
2019-02-11	11	Joint STATUS REPORT by ROBERT S. CARLBORG. (Gittins, Charles) (Entered: 02/11/2019)
2019-02-11		MINUTE ORDER adopting the proposal in the parties' 11 Joint Status Report and Proposed Schedule. Accordingly, it is ORDERED that the parties shall file another joint status report on or before March 11, 2019. Signed by Judge Dabney L. Friedrich on February 11, 2019. (lcdlf1) (Entered: 02/11/2019)
2019-03-01	12	NOTICE OF SUBSTITUTION OF COUNSEL by Derek S. Hammond on behalf of All Defendants Substituting for attorney Benton G. Peterson (Hammond, Derek) (Entered: 03/01/2019)
2019-03-11	13	Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Hammond, Derek) (Entered: 03/11/2019)
2019-03-11		MINUTE ORDER adopting the proposal in the parties' 13 Joint Status Report. Accordingly, it is ORDERED that the parties shall file another joint status report on or before May 13, 2019. Signed by Judge Dabney L. Friedrich on March 11, 2019. (lcdlf1) (Entered: 03/11/2019)
2019-05-13	14	Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 05/13/2019)
2019-05-14		MINUTE ORDER adopting the proposal in the parties' 14 Joint Status Report. Accordingly, it is ORDERED that the parties shall file another joint status report on or before June 11, 2019. Signed by Judge Dabney L. Friedrich on May 14, 2019. (lcdlf1) (Entered: 05/14/2019)
2019-06-11	15	Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 06/11/2019)
2019-06-13		MINUTE ORDER adopting the proposal in the parties' 15 Joint Status Report. Accordingly, it is ORDERED that the parties shall file another joint status report on or before July 11, 2019. Signed by Judge Dabney L. Friedrich on June 13, 2019. (lcdlf1) (Entered: 06/13/2019)
2019-06-13		MINUTE ORDER denying as moot 10 Motion to Stay and Motion for Extension of Time. So Ordered by Judge Dabney L. Friedrich on 6/13/2019. (zcal) Modified on 6/18/2019 (zcal). (Entered: 06/13/2019)
2019-07-11	16	Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 07/11/2019)
2019-07-12		MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before August 12, 2019. Signed by Judge Dabney L. Friedrich on July 12, 2019. (lcdlf1) (Entered: 07/12/2019)
2019-07-12		Set/Reset Deadlines: Joint Status Report due by 8/12/2019. (kh) (Entered: 07/12/2019)
2019-08-12	17	Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Hammond, Derek) (Entered: 08/12/2019)
2019-08-13		MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before September 12, 2019. So Ordered by Judge Dabney L. Friedrich on August 13, 2019. (lcdlf1) (Entered: 08/13/2019)
2019-08-13		Set/Reset Deadlines: Joint Status Report due by 9/12/2019. (zcal) (Entered: 08/13/2019)
2019-09-12	18	Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Hammond, Derek) (Entered: 09/12/2019)
2019-09-13		MINUTE ORDER. Upon consideration of the parties' 18 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before October 14, 2019. So Ordered by Judge Dabney L. Friedrich on September 13, 2019. (lcdlf1) (Entered: 09/13/2019)
2019-10-15	19	Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 10/15/2019)
2019-10-15		MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before November 14, 2019. So Ordered by Judge Dabney L. Friedrich on October 15, 2019. (lcdlf1) (Entered: 10/15/2019)
2019-11-10	20	Joint STATUS REPORT by DEPARTMENT OF THE NAVY. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 11/10/2019)
2019-11-12	21	NOTICE of Appearance by Damon William Taaffe on behalf of DEPARTMENT OF THE NAVY (Taaffe, Damon) (Entered: 11/12/2019)
2019-11-12		MINUTE ORDER. Upon consideration of the parties' 20 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before December 16, 2019. So Ordered by Judge Dabney L. Friedrich on November 12, 2019. (lcdlf1) (Entered: 11/12/2019)
2019-11-12		Set/Reset Deadlines: Joint Status Report due by 12/16/2019. (zcal) (Entered: 11/12/2019)
2019-12-12	22	Joint STATUS REPORT and Request for Briefing Schedule by DEPARTMENT OF THE NAVY. (Taaffe, Damon) (Entered: 12/12/2019)
2019-12-13		MINUTE ORDER. Upon consideration of the parties' 22 Joint Status Report, the following schedule shall govern further proceedings: the plaintiff shall file any motion to compel or dispositive motion on or before January 13, 2020; the defendant shall file a response and any cross-motion on or before February 12, 2020; the plaintiff shall file a reply and a response to the defendant's cross-motion on or before March 4, 2020; the defendant shall file a reply on or before March 18, 2020. So Ordered by Judge Dabney L. Friedrich on December 13, 2019. (lcdlf1) (Entered: 12/13/2019)
2019-12-13		Set/Reset Deadlines: Plaintiff's Motion to Compel or Dispositive Motion due by 1/13/2020. Defendant's Response and Cross-Motion due by 2/12/2020. Plaintiff's Reply and Response due by 3/4/2020. Defendant's Reply due by 3/18/2020. (zjd) (Entered: 12/13/2019)
2020-01-13	23	MOTION for Partial Summary Judgment by ROBERT S. CARLBORG (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Statement of Facts, # 4 Text of Proposed Order)(Gittins, Charles) (Entered: 01/13/2020)
2020-02-10	24	Consent MOTION for Extension of Time to File Cross-Motion and Response by DEPARTMENT OF THE NAVY (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 02/10/2020)
2020-02-10		MINUTE ORDER granting the defendant's 24 Consent Motion for Enlargement of Time. The defendant shall file an opposition to the plaintiff's 23 Motion for Partial Summary Judgment and any cross-motion for summary judgment on or before March 13, 2020; the plaintiff shall file a reply in support of its motion for summary judgment and opposition to any cross-motion for summary judgment on or before April 3, 2020; the defendant shall file a reply in support of any cross-motion for summary judgment on or before April 17, 2020. So Ordered by Judge Dabney L. Friedrich on February 10, 2020. (lcdlf1) (Entered: 02/10/2020)
2020-02-10		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 3/13/2020. Cross Motions due by 3/13/2020. Reply to Motion for Summary Judgment due by 4/3/2020. Response to Cross Motions due by 4/3/2020. Reply to Cross Motions due by 4/17/2020. (zjch) (Entered: 02/10/2020)
2020-03-12	25	Consent MOTION for Extension of Time to File Response/Reply by DEPARTMENT OF THE NAVY (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 03/12/2020)
2020-03-12		MINUTE ORDER granting the defendant's 25 Consent Motion for Enlargement of Time. The defendant shall file an opposition to the plaintiff's 23 Motion for Partial Summary Judgment and any cross-motion for summary judgment on or before April 10, 2020; the plaintiff shall file a reply in support of its motion for summary judgment and an opposition to any cross-motion for summary judgment on or before May 1, 2020; the defendant shall file a reply in support of any cross-motion for summary judgment on or before May 15, 2020. So Ordered by Judge Dabney L. Friedrich on March 12, 2020. (lcdlf1) (Entered: 03/12/2020)
2020-03-12		Set/Reset Deadlines: Cross Motions due by 4/10/2020. Response to Cross Motions due by 5/1/2020. Reply to Cross Motions due by 5/15/2020. (zjch) (Entered: 03/12/2020)
2020-04-10	26	Consent MOTION for Extension of Time to File Response/Reply by DEPARTMENT OF THE NAVY (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 04/10/2020)
2020-04-20		MINUTE ORDER granting the defendant's 26 Consent Motion for Enlargement of Time. The defendant shall file its cross-motion for summary judgment and response to the plaintiff's motion for summary judgment on or before May 8, 2020; the plaintiff shall file its reply and response to the defendant's cross-motion on or before May 29, 2020; and the defendant shall file its reply on or before June 12, 2020. So Ordered by Judge Dabney L. Friedrich on April 20, 2020. (lcdlf1) (Entered: 04/20/2020)
2020-04-20		Set/Reset Deadlines: Cross Motions due by 5/8/2020. Response to Cross Motions due by 5/29/2020. Reply to Cross Motions due by 6/12/2020. Response to Motion for Summary Judgment due by 5/8/2020. Reply to Motion for Summary Judgment due by 5/29/2020. (zjch) (Entered: 04/20/2020)
2020-05-08	27	Consent MOTION for Extension of Time to File Response/Reply by DEPARTMENT OF THE NAVY (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 05/08/2020)
2020-05-15		MINUTE ORDER granting the 27 Defendant's Consent Motion for Enlargement of Time. The defendant shall file its cross-motion for summary judgment on or before May 15, 2020; the plaintiff shall file its reply and response to the defendant's cross-motion on or before June 5, 2020; the defendant shall file its reply on or before June 19, 2020. So Ordered by Judge Dabney L. Friedrich on May 15, 2020. (lcdlf1) (Entered: 05/15/2020)
2020-05-15	28	Cross MOTION for Summary Judgment by DEPARTMENT OF THE NAVY (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Statement of Facts, # 4 Declaration of Sally Hughes, # 5 Declaration of LtCol. Winston McMillan, # 6 Declaration of LCDR Jonathan Dowling)(Hammond, Derek) Modified docket text on 5/18/2020 (eg). (Entered: 05/15/2020)
2020-05-15	29	Memorandum in Opposition re 23 MOTION for Partial Summary Judgment filed by DEPARTMENT OF THE NAVY. (Attachments: # 1 Statement of Facts, # 2 Declaration of Sally Hughes, # 3 Declaration of LtCol. Winston McMillan, # 4 Declaration of LCDR Jonathan Dowling, # 5 Text of Proposed Order)(Hammond, Derek) Modified docket event/text on 5/18/2020 (eg). (Entered: 05/15/2020)
2020-05-15		Set/Reset Deadlines: Cross Motions due by 5/15/2020. Response to Cross Motions due by 6/5/2020. Reply to Cross Motions due by 6/19/2020. (zjch) (Entered: 05/18/2020)
2020-06-04	30	Consent MOTION for Extension of Time to File Plaintiff's Reply by ROBERT S. CARLBORG (Gittins, Charles) (Entered: 06/04/2020)
2020-06-04		MINUTE ORDER granting the plaintiff's 30 Consent Motion for Enlargement of Time to file the plaintiff's reply brief. The plaintiff shall file a reply on or before June 22, 2020. So Ordered by Judge Dabney L. Friedrich on June 4, 2020. (lcdlf1) (Entered: 06/04/2020)
2020-06-04		Set/Reset Deadlines: Reply due by 6/22/2020. (zjd) (Entered: 06/05/2020)
2020-06-22	31	REPLY to opposition to motion re 28 MOTION for Summary Judgment , 23 MOTION for Partial Summary Judgment filed by ROBERT S. CARLBORG. (Gittins, Charles) (Entered: 06/22/2020)
2020-06-29	32	REPLY to opposition to motion re 28 MOTION for Summary Judgment filed by DEPARTMENT OF THE NAVY. (Hammond, Derek) (Entered: 06/29/2020)
2020-08-10	33	ORDER denying the plaintiff's 23 Motion for Partial Summary Judgment and granting the defendant's 28 Cross-Motion for Summary Judgment. See text for details. The Clerk of Court is directed to close this case. Signed by Judge Dabney L. Friedrich on August 10, 2020. (lcdlf1) (Entered: 08/10/2020)
2020-08-10	34	MEMORANDUM OPINION regarding the defendant's 28 Cross-Motion for Summary Judgment and denying the plaintiff's 23 Motion for Partial Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on August 10, 2020. (lcdlf1) (Entered: 08/10/2020)
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