Case Detail

FOIA Project Annotation: A federal court in Minnesota has ruled that, with minor exceptions, the Department of Justice properly withheld records under Exemption 5 (privileges), Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records) from Mohamed Abdihamid Farah, who had been convicted of multiple charges of conspiracy and terrorism. The agency withheld some records in full, claiming the attorney work-product privilege. After reviewing the privilege claims, the court identified two pages that could be separated and disclosed. The court noted that "rather than revealing attorney thoughts or trial strategy, the identified phrases and sentences merely report what had already happened in communications with Farah's defense counsel; these pages include some material which can be disclosed as straightforward factual recounting of what occurred, not reflecting analytical views." As to the redactions made under the privacy exemptions, the court indicated that "after conducting its in camera review of the Correspondence file, the Court finds that no additional responsive material should be disclosed. The redactions cover personal identifying information, and the public interest in Farah's ability to challenge his conviction or sentence does not outweigh the privacy interests, even when documents are otherwise publicly available or are not personnel or medial files."
Issues: Exemption 5 - Privileges, Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2020-02-27	1	COMPLAINT against United States Department of Justice (filing fee $ 400, receipt number AMNDC-7518438) filed by Mohamed Abdihamid Farah. Filer requests summons issued. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Civil Cover Sheet) (Kushner, Jordan) (Entered: 02/27/2020)
2020-02-28	2	TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge John R. Tunheim per 3rd/4th Civil Master list, referred to Magistrate Judge David T. Schultz. Please use case number 20-cv-622 JRT/DTS. (KDS) (Entered: 02/28/2020)
2020-02-28	3	Summons Issued as to United States Department of Justice. (KDS) (Entered: 02/28/2020)
2020-02-28	4	Return of Service Executed for Summons and Complaint served on US DOJ on February 28, 2020, filed by Mohamed Abdihamid Farah., SUMMONS Returned Executed as to USA by Mohamed Abdihamid Farah. United States Department of Justice served on 2/28/2020, answer due 4/28/2020. (Kushner, Jordan) (Entered: 02/28/2020)
2020-03-11	5	NOTICE of Appearance by Ana H Voss on behalf of United States Department of Justice. (Voss, Ana) (Entered: 03/11/2020)
2020-03-27	6	MOTION for Extension of Time to File Answer filed by United States Department of Justice. (Voss, Ana) (Entered: 03/27/2020)
2020-03-27	7	PROPOSED ORDER TO JUDGE re 6 MOTION for Extension of Time to File Answer filed by United States Department of Justice.(Voss, Ana) (Entered: 03/27/2020)
2020-03-31	8	ORDER granting 6 Motion for Extension of Time to Answer United States Department of Justice answer due 4/16/2020. Signed by Magistrate Judge David T. Schultz on 3/31/2020. (TJB) (Entered: 03/31/2020)
2020-04-16	9	MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by United States Department of Justice. (Voss, Ana) (Entered: 04/16/2020)
2020-04-16	10	NOTICE OF HEARING ON MOTION 9 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim : Date and time to be determined. (Voss, Ana) (Entered: 04/16/2020)
2020-04-16	11	MEMORANDUM in Support re 9 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by United States Department of Justice. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Voss, Ana) (Entered: 04/16/2020)
2020-04-16	12	DECLARATION of Theodore B. Smith re 11 Memorandum in Support of Motion by United States Department of Justice . (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C)(Voss, Ana) (Entered: 04/16/2020)
2020-04-16	13	MEET and CONFER STATEMENT re 9 Motion to Dismiss/Lack of Jurisdiction filed by United States Department of Justice.(Voss, Ana) (Entered: 04/16/2020)
2020-04-16	14	PROPOSED ORDER TO JUDGE re 9 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by United States Department of Justice.(Voss, Ana) (Entered: 04/16/2020)
2020-04-21	15	(Text-Only) NOTICE TO ATTORNEY regarding Dispositive Motions briefing schedule : All dispositive motions must comply with Local Rule 7.1(c). Responses to dispositive motions shall be filed with the Court on or before 21 days after the service of the supporting memorandum to the original motion . Replies to responsive briefs shall be filed 14 days after the service of the response to the dispositive motion. Upon the motion being fully briefed and filed, counsel for the moving party shall email Chief Judge Tunheims chambers at Tunheim_Chambers@mnd.uscourts.gov to request a hearing date. Upon receiving from Chief Judge Tunheims Courtroom Deputy a hearing date, time and location, the moving party shall file the amended notice of hearing at that time. (HAZ) (Entered: 04/21/2020)
2020-05-07	16	MEMORANDUM in Opposition re 9 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Mohamed Abdihamid Farah. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kushner, Jordan) (Entered: 05/07/2020)
2020-05-07	17	DECLARATION of Jordan S. Kushner in Opposition to 9 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Mohamed Abdihamid Farah. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2)(Kushner, Jordan) (Entered: 05/07/2020)
2020-05-21	18	Reply to Response to Motion re 9 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by United States Department of Justice. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Voss, Ana) (Entered: 05/21/2020)
2020-07-06	19	AMENDED NOTICE of Hearing on Motion: 9 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim : Motion Hearing set for 7/27/2020 at 11:00 AM before Chief Judge John R. Tunheim. (Voss, Ana) (Entered: 07/06/2020)
2020-07-10	20	(Text-Only) NOTICE of Resetting of Hearing: Motion Hearing is now set for 8/3/2020 at 01:30 PM in Video Conference (no courtroom) before Chief Judge John R. Tunheim. (HAZ) (Entered: 07/10/2020)
2020-07-31	21	NOTICE: Remote Public Access to Motion Hearing on 8/3/2020 at 1:30 PM. To join the telephonic hearing, dial 1(669) 254-5252 . Use access code 160 342 3658 and security code 405514 . (HAZ) (Entered: 07/31/2020)
2020-08-03	22	Minute Entry for proceedings held before Chief Judge John R. Tunheim: Motion Hearing held on 8/3/2020 re 9 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by United States Department of Justice. (Court Reporter Kristine Mousseau) (HAZ) (Entered: 08/04/2020)
2020-08-06	23	AMENDED COMPLAINT against All Defendants. filed by Mohamed Abdihamid Farah. No summons requested. (Kushner, Jordan) (Entered: 08/06/2020)
2020-08-20	24	ANSWER to Amended Complaint filed by United States Department of Justice. (Voss, Ana) (Entered: 08/20/2020)
2020-08-25	25	MEMORANDUM OPINION AND ORDER denying 9 Motion to Dismiss for Lack of Jurisdiction. (Written Opinion) Signed by Chief Judge John R. Tunheim on 8/25/2020. (HAZ) (Entered: 08/25/2020)
2020-09-02	26	ORDER/NOTICE FOR PRETRIAL CONFERENCE: Parties are directed to Meet and Confer by 10/13/2020. Rule 26 Meeting Report due by 10/13/2020. Pretrial Conference set for 10/20/2020 at 11:00 AM in Courtroom 9E (MPLS) before Magistrate Judge David T. Schultz. Signed by Magistrate Judge David T. Schultz on 9/2/2020. (Attachments: # 1 Consent Form)(TJB) (Entered: 09/02/2020)
2020-10-13	27	REPORT of Rule 26(f) Planning Meeting. Filed by United States Department of Justice. Jointly Signed by Mohamed Abdihamid Farah.(Voss, Ana) (Entered: 10/13/2020)
2020-10-20	28	Minute Entry for proceedings held before Magistrate Judge David T. Schultz: Initial Pretrial Conference held on 10/20/2020. (TJB) (Entered: 10/20/2020)
2020-10-21	29	SCHEDULING ORDER: Motions (disp) due by 11/16/2020. See order for details. Signed by Magistrate Judge David T. Schultz on 10/21/2020.(TJB) (Entered: 10/21/2020)
2020-11-16	30	MOTION for Summary Judgment filed by United States Department of Justice. (Voss, Ana) (Entered: 11/16/2020)
2020-11-16	31	NOTICE OF HEARING ON MOTION 30 MOTION for Summary Judgment : Date and time to be determined. (Voss, Ana) (Entered: 11/16/2020)
2020-11-16	32	MEMORANDUM in Support re 30 MOTION for Summary Judgment filed by United States Department of Justice. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Voss, Ana) (Entered: 11/16/2020)
2020-11-16	33	Second DECLARATION of THEODORE B. SMITH re 32 Memorandum in Support of Motion by United States Department of Justice . (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3)(Voss, Ana) (Entered: 11/16/2020)
2020-11-16	34	DECLARATION of ANA H. VOSS re 32 Memorandum in Support of Motion by United States Department of Justice . (Attachments: # 1 Exhibit(s) 4, # 2 Exhibit(s) 5)(Voss, Ana) (Entered: 11/16/2020)
2020-11-16	35	MOTION for Summary Judgment filed by Mohamed Abdihamid Farah. (Kushner, Jordan) (Entered: 11/16/2020)
2020-11-16	36	MEMORANDUM in Support re 35 MOTION for Summary Judgment filed by Mohamed Abdihamid Farah. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Kushner, Jordan) (Entered: 11/16/2020)
2020-11-16	37	NOTICE OF HEARING ON MOTION (Kushner, Jordan) (Entered: 11/16/2020)
2020-12-07	38	MEMORANDUM in Opposition re 35 MOTION for Summary Judgment filed by United States Department of Justice. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Voss, Ana) (Entered: 12/07/2020)
2021-01-28	39	NOTICE OF HEARING ON MOTION 30 MOTION for Summary Judgment : Motion Hearing set for 3/8/2021 at 11:00 AM in Courtroom 15 (MPLS) before Chief Judge John R. Tunheim. (Voss, Ana) (Entered: 01/28/2021)
2021-02-02	40	(Text-Only) AMENDED NOTICE of Hearing on Motion: 30 MOTION for Summary Judgment , 35 MOTION for Summary Judgment : Motion Hearing set for 3/8/2021 at 11:00 AM in Video Conference (no courtroom) before Chief Judge John R. Tunheim. Notice to Public: Please visit our website at https://www.mnd.uscourts.gov/court-schedules for audio connection information for this hearing. Note that hearings might not appear on the court schedule or courthouse kiosk until one week before the hearing date. (HMA) (Entered: 02/02/2021)
2021-03-08	41	Minute Entry for proceedings held before Chief Judge John R. Tunheim: Motion Hearing held on 3/8/2021 re 35 MOTION for Summary Judgment filed by Mohamed Abdihamid Farah, 30 MOTION for Summary Judgment filed by United States Department of Justice. Motions taken under advisement. Written order forthcoming. (Court Reporter Kristine Mousseau) (HMA) (Entered: 03/08/2021)
2021-04-01	42	ORDER GRANTING IN CAMERA REVIEW. Signed by Chief Judge John R. Tunheim on 4/1/2021.(HMA) (Entered: 04/01/2021)
2021-04-30	43	MEMORANDUM OPINION AND ORDER granting in part and denying in part 30 Motion for Summary Judgment; granting in part and denying in part 35 Motion for Summary Judgment. Defendants shall provide Plaintiff with an updated version of the documents responsive to his FOIA request within five (5) business days from the date of this Order (5/7/21).(Written Opinion) Signed by Chief Judge John R. Tunheim on 4/30/2021. (KKM) (Entered: 04/30/2021)
2021-05-03	44	JUDGMENT (Attachments: # 1 Civil Notice - appeal)(CLK) (Entered: 05/03/2021)
2021-05-24	45	STIPULATION TO SET SCHEDULE TO FILE PETITION FOR ATTORNEYS FEES by United States Department of Justice. Jointly Signed by MOHAMED ABDIHAMID FARAH. (Voss, Ana) (Entered: 05/24/2021)
2021-05-24	46	PROPOSED ORDER TO JUDGE re 45 Stipulation. (Voss, Ana) (Entered: 05/24/2021)
2021-05-27	47	(Text-Only) ORDER on 45 Stipulation. The Plaintiff shall have until 06/07/2021 to petition for attorney's fees and costs. Ordered by Chief Judge John R. Tunheim on 5/27/2021.(HMA) (Entered: 05/27/2021)
2021-05-31	48	BILL OF COSTS by Mohamed Abdihamid Farah. (Kushner, Jordan) (Entered: 05/31/2021)
2021-06-07	49	STIPULATION by United States Department of Justice. Jointly Signed by MOHAMED ABDIHAMID FARAH. (Voss, Ana) (Entered: 06/07/2021)
2021-06-07	50	PROPOSED ORDER TO JUDGE re 49 Stipulation. (Voss, Ana) (Entered: 06/07/2021)
2021-06-10	51	ORDER on 49 Stipulation. Signed by Chief Judge John R. Tunheim on 6/10/2021.(HMA) (Entered: 06/10/2021)
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