Case Detail

FOIA Project Annotation: Judge Rudolph Contreras has ruled that the FBI and DEA properly issued a Glomar response to FOIA requests filed by Jay Jurdi, who had been convicted on drug conspiracy charges, in response to Jurdi's FOIA requests for records concerning his co-conspirator Anthony Grasso, who had testified at Jurdi's trial. The DEA claimed that disclosure of any records would reveal information on Grasso protected by Exemption 7(C) (invasion of privacy concerning law enforcement records). Characterizing DEA's blanket denial as "ambitious," Contreras noted that "on closer analysis, however, it becomes clear that, because Jurdi's request is tailored to files and reports referencing or related to Grasso, any responsive documents would necessarily introduce new information about the circumstances of Grasso's involvement with law enforcement and work at least some marginal invasion into his still-extant privacy interests." Jurdi argued that the agency had waived its ability to withhold Grasso's records because he had been identified as an informant and had testified at Jurdi's trial. However, Contreras pointed out that "even assuming the DEA officially acknowledged Grasso's role as an informant, Jurdi must show more: under the 'officially acknowledged' exception, the requestor 'has the burden of showing that there is a permanent public record of the exact portions he wishes.'" He noted that "Jurdi fails to make the analogous showing here," observing that "because the government has not 'officially acknowledged' or disclosed any of these exact records, that Jurdi has requested, his argument must be rejected." Contreras approved the FBI's Glomar response as well. He indicated that "any official acknowledgement that Grasso also had a relationship with the FBI would reveal additional information about the extent of his cooperation with the government and inflict at least some further invasion of his privacy. Situations where the agency has officially confirmed the third-party's status as an informant are distinguishable, because here, there is no evidence of any official confirmation by the FBI specifically."
Issues: Determination - Glomar response, Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2018-08-13		Initiating Pleading & IFP Application Received on 8/13/18. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zsth) (Entered: 08/16/2018)
2018-08-13	1	COMPLAINT against UNITED STATES OF AMERICA filed by JAY JURDI. (Attachments: # 1 Supplement)(zsth) (Entered: 08/16/2018)
2018-08-13	2	MOTION for Leave to Proceed in forma pauperis by JAY JURDI (Attachments: # 1 Supplement)(zsth) (Entered: 08/16/2018)
2018-08-22	3	PRO SE ORDER directing within 30 days of this Order, unless an extension of time is granted, plaintiff to provide a six month trust fund prisoner account statement and failure to comply will result in dismissal of case. Plaintiff shall provide the requested information specific within this order. Pro Se party has been notified by first class mail. Signed by Judge Rudolph Contreras on 8/21/2018. (zsth) (Entered: 08/23/2018)
2018-09-06	4	Mail Returned as Undeliverable; Sent to JAY JURDI; Type of Document Returned: Docket Sheet; Resent at New Address: UNITED STATES PENITENTIARY - BEAUMONT P.O. Box 26030 Beaumont, TX 77720 (zrdj) (Entered: 09/13/2018)
2018-09-06	5	Mail Returned as Undeliverable; Sent to JAY JURDI; Type of Document Returned: 3 PRO SE ORDER; Resent at New Address: UNITED STATES PENITENTIARY - BEAUMONT P.O. Box 26030 Beaumont, TX 77720 (zrdj) (Entered: 09/13/2018)
2018-09-20		Filing fee received in the amount of $ 350.00, receipt number: 4616094639. (zmd) (Entered: 09/21/2018)
2018-10-17	6	AFFIDAVIT of Service by JAY JURDI. (zrdj) (Entered: 10/23/2018)
2019-01-25	7	MOTION for Entry of Default by JAY JURDI (zrdj) (Entered: 01/28/2019)
2019-01-28		Case Reassigned to Judge Rudolph Contreras. Unassigned is no longer assigned to the case. (zrdj) (Entered: 01/28/2019)
2019-02-01	8	ORDER denying 7 Motion for Entry of Default. See document for details. Signed by Judge Rudolph Contreras on 2/1/19. (lcrc1) (Entered: 02/01/2019)
2019-03-28		SUMMONS (2) Issued as to U.S. Attorney and U.S. Attorney General. (tth) (Entered: 03/28/2019)
2019-04-26	9	NOTICE of Appearance by Joshua L. Rogers on behalf of UNITED STATES OF AMERICA (Rogers, Joshua) (Entered: 04/26/2019)
2019-05-10	10	First MOTION for Extension of Time to File Answer by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 05/10/2019)
2019-05-10		MINUTE ORDER granting 10 motion for extension of time: it is hereby ORDERED that Defendant shall have up to and including June 14, 2019 to file an answer or otherwise respond to Plaintiff's complaint. SO ORDERED. Signed by Judge Rudolph Contreras on 5/10/19. (lcrc1) (Entered: 05/10/2019)
2019-05-21		Set/Reset Deadlines: Answer due by 6/14/2019. (tj) (Entered: 05/21/2019)
2019-06-12	11	MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 06/12/2019)
2019-06-12		MINUTE ORDER granting 11 motion for extension of time: it is hereby ORDERED that Defendant shall have up to and including August 13, 2019 to file its answer or other response to Plaintiff's complaint. SO ORDERED. Signed by Judge Rudolph Contreras on 6/12/19. (lcrc1) (Entered: 06/12/2019)
2019-06-12		Set/Reset Deadlines: Answer due by 8/13/2019. (tj) (Entered: 06/12/2019)
2019-08-12	12	MOTION for Extension of Time to Submit Dispositive Motion by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 08/12/2019)
2019-08-12		MINUTE ORDER granting 12 motion for extension of time: it is hereby ORDERED that Defendant shall have up to and including September 12, 2019 to file its answer or otherwise respond to Plaintiff's complaint. SO ORDERED. Signed by Judge Rudolph Contreras on 8/12/19. (lcrc1) (Entered: 08/12/2019)
2019-08-15		Set/Reset Deadlines: Answer due by 9/12/2019. (tj) (Entered: 08/15/2019)
2019-09-12	13	MOTION for Summary Judgment by UNITED STATES OF AMERICA (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration FBI, # 4 Declaration DEA, # 5 Exhibit DEA Declartion Exhibit, # 6 Text of Proposed Order)(Rogers, Joshua) (Entered: 09/12/2019)
2019-09-16	14	Order advising plaintiff to respond by 10/18/2019 to 13 Defendant's Motion for Summary Judgment, and defendant to file its reply by 11/8/19. Signed by Judge Rudolph Contreras on 9/16/19. (ms) (Entered: 09/16/2019)
2019-09-16	15	Letter from Jay Jurdi. "LET THIS BE FILED" by Judge Rudolph Contreras on 9/16/2019. (ztth) (Entered: 09/17/2019)
2019-10-24	16	MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment by JAY JURDI. (ztth) (Main Document 16 replaced on 11/1/2019) (ztth). (Main Document 16 replaced on 11/1/2019) (ztth); Modified to remove blank pages on 11/1/2019 (ztth). (Entered: 10/29/2019)
2019-10-30		MINUTE ORDER: It is hereby ORDERED that plaintiff's motion for an extension of time 16 is GRANTED. It is further ORDERED that defendant shall serve a copy of its Motion for Summary Judgment 13 on plaintiff at his current address of record by November 8, 2019; plaintiff shall file his opposition by December 6, 2019; and defendant shall file its reply by December 27, 2019. Signed by Judge Rudolph Contreras on 10/29/19. (ms) (Entered: 10/30/2019)
2019-10-31		Set/Reset Deadlines: Summary Judgment motions due by 11/8/2019. Response to Motion for Summary Judgment due by 12/6/2019. Reply to Motion for Summary Judgment due by 12/27/2019. (tj) (Entered: 10/31/2019)
2019-12-02	17	Memorandum in opposition to re 13 MOTION for Summary Judgment filed by JAY JURDI. (Attachments: # 1 Statement of Facts - Undisputed, # 2 Statement of Facts - Disputed, # 3 Declaration) (ztth) (Entered: 12/05/2019)
2019-12-02	18	MOTION for Summary Judgment by JAY JURDI. (See Docket Entry 17 to view document) (ztth) (Entered: 12/05/2019)
2019-12-27	19	NOTICE OF SUBSTITUTION OF COUNSEL by William J. Chang on behalf of UNITED STATES OF AMERICA Substituting for attorney JOSHUA ROGERS (Chang, William) (Entered: 12/27/2019)
2019-12-27	20	RESPONSE re 18 MOTION for Summary Judgment filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit Response to Plaintiff's Statement of Undisputed Material Facts, # 2 Text of Proposed Order)(Chang, William) (Entered: 12/27/2019)
2019-12-27	21	REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by UNITED STATES OF AMERICA. (Chang, William) (Entered: 12/27/2019)
2020-01-13	22	MOTION to treat his allegations as admitted re 1 Complaint, MOTION to Strike 20 Response to motion by JAY JURDI. (ztth) (Entered: 01/15/2020)
2020-01-16	23	SURREPLY to 13 MOTION for Summary Judgment filed by JAY JURDI. "LET THIS BE FILED" by Judge Rudolph Contreras on 1/16/2020. (ztth) (Entered: 01/16/2020)
2020-01-28	24	Memorandum in opposition to re 22 MOTION to treat his allegations as admitted re 1 Complaint MOTION to Strike 20 Response to motion filed by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(Chang, William) (Entered: 01/28/2020)
2020-09-02	25	ORDER granting 13 Defendant's Motion for Summary Judgment, denying 18 Plaintiff's Cross-Motion for Summary Judgment, and denying 22 Plaintiff's Motion to Treat Allegations as Admitted. See document for details. Signed by Judge Rudolph Contreras on 9/2/2020. (lcrc1) (Entered: 09/02/2020)
2020-09-02	26	MEMORANDUM OPINION granting 13 Defendant's Motion for Summary Judgment, denying 18 Plaintiff's Cross-Motion for Summary Judgment, and denying 22 Plaintiff's Motion to Treat Allegations as Admitted. See document for details. Signed by Judge Rudolph Contreras on 9/2/2020. (lcrc1) (Entered: 09/02/2020)
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