Case Detail

FOIA Project Annotation: Judge Trevor McFadden has ruled that the DEA conducted an adequate search for records responsive to Michael Chavis's FOIA request for records concerning the investigation and prosecution of Ricardo Sanchez for the multiple murder of the Escobedo family and that the agency properly withheld records under Exemption 7 (law enforcement records). Chavis was an investigator with the Federal Defender Services of Eastern Tennessee, which represented Sanchez in his post-conviction proceedings. Because the Escobedo murder prosecution involved co-defendants as well, the DEA initially invoked a Glomar response neither confirming nor denying the existence of records unless Chavis could provide thirty-party authorization. He provided a privacy authorization for Sanchez but none of the other defendants. As a result, the DEA processed records relating to Sanchez only. It withheld 229 pages and released 107 pages with redactions. Chavis decided not to the challenge 94 redacted pages and did not pursue the privacy-based Glomar response as to other co-defendants. McFadden indicated that although it was difficult to determine whether Chavis was challenging the agency's decision not to search for records on co-defendants, he noted that "indeed, he does not dispute the DEA's position that the 'records were categorically exempt from disclosure, and DEA was not required to conduct a search for the requested records' absent 'an overriding public interest.'" Turning to the agency's search for records on Sanchez, McFadden rejected Chavis's claim that the agency's search was too narrow because it only searched for files using Sanchez's name. He pointed out that "if he sought all documents of the investigation into the Escobedo murders, he could have made that request. He did not. It is unrealistic to expect the DEA (or any federal agency) to read between the lines and hunt for a class of documents that a plaintiff has not identified as potentially relevant. Such a cryptic request also ignores the fact that FOIA paralegals and other administrators â€" not DEA agents or detectives â€" set up and execute the FOIA search." Chavis also argued that the agency's Vaughn index was insufficient. McFadden disagreed, noting in one instance that "that the DEA relied on similar (or the same) descriptions to justify its withholdings in these documents does not help Chavis. The records that Chavis seeks 'are criminal investigatory data compiled for law enforcement purposes.' It is unsurprising then that the same exemptions prevent disclosure of similar (or the same) information."
Issues: Adequacy - Search, Exemption 7 - Law enforcement records

Date Filed	Doc #	Docket Text
2020-03-04	1	COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE DRUG ENFORCEMENT ADMINISTRATION (Fee Status:Filing Fee Waived) filed by MICHAEL R. CHAVIS. (Attachments: # 1 A: Aug. 9, 2018 FOIA Request, # 2 B: Sept. 4, 2018 DEA Response, # 3 C: Sept. 11, 2018 Certificate of Identity, # 4 D: Sept. 18, 2108 DEA Response, # 5 E: Oct. 12, 2018 DEA Response, # 6 F: Dec. 18, 2018 DEA Response, # 7 G: Jan. 8, 2019 Appeal Confirmation, # 8 H: Jan. 21, 2020 DOJ Denial, # 9 Civil Cover Sheet, # 10 Summons USDOJ, # 11 Summons DEA, # 12 Summons U.S. Attorney General, # 13 Summons U.S. Attorney District of Columbia)(Kissinger, Stephen) (Entered: 03/04/2020)
2020-03-05		Case Assigned to Judge Trevor N. McFadden. (zsb) (Entered: 03/05/2020)
2020-03-05	2	SUMMONS (4) Issued Electronically as to DRUG ENFORCEMENT ADMINISTRATION, UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 03/05/2020)
2020-03-05	3	STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 3/5/2020. (lctnm3) (Entered: 03/05/2020)
2020-04-13	4	NOTICE of Appearance by Sian Jones on behalf of All Defendants (Jones, Sian) (Entered: 04/13/2020)
2020-04-15	5	Unopposed MOTION for Extension of Time to Respond by DRUG ENFORCEMENT ADMINISTRATION, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 04/15/2020)
2020-04-15		MINUTE ORDER granting Defendants' 5 unopposed Motion for Extension. It is hereby ORDERED that the Defendants shall file an Answer or other responsive pleading no later than May 22, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/15/2020. (lctnm3) (Entered: 04/15/2020)
2020-04-16		Set/Reset Deadlines: Defendants' Answer or responsive pleading due by 5/22/2020. (hmc) (Entered: 04/16/2020)
2020-04-17	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DRUG ENFORCEMENT ADMINISTRATION served on 3/20/2020; UNITED STATES DEPARTMENT OF JUSTICE served on 3/24/2020, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/24/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/24/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 4/23/2020.) (Kissinger, Stephen) (Entered: 04/17/2020)
2020-05-22	7	ANSWER to Complaint by DRUG ENFORCEMENT ADMINISTRATION, UNITED STATES DEPARTMENT OF JUSTICE.(Jones, Sian) (Entered: 05/22/2020)
2020-05-22		MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before June 19, 2020. Signed by Judge Trevor N. McFadden on 5/22/2020. (lctnm3) (Entered: 05/22/2020)
2020-05-22		Set/Reset Deadlines: Joint Status Report due by 6/19/2020. (hmc) (Entered: 05/22/2020)
2020-06-19	8	Joint STATUS REPORT by DRUG ENFORCEMENT ADMINISTRATION, UNITED STATES DEPARTMENT OF JUSTICE. (Jones, Sian) (Entered: 06/19/2020)
2020-06-19		MINUTE ORDER. Upon consideration of the parties' 8 Joint Status Report, it is hereby ORDERED that the parties shall appear by telephone for a Status Conference at 10 a.m. on June 29, 2020, before Judge Trevor N. McFadden. Dial-in information will be emailed to counsel. Signed by Judge Trevor N. McFadden on 6/19/2020. (lctnm3) (Entered: 06/19/2020)
2020-06-22		Set/Reset Hearings: Telephonic Status Conference set for 6/29/2020 at 10:00 AM before Judge Trevor N. McFadden. (hmc) (Entered: 06/22/2020)
2020-06-29		Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 6/29/2020. Updated Joint Status Report due by 7/31/2020, including how many documents are at issue, the extent to which the parties have been able to narrow the scope, and an updated joint proposed scheduling order. (Court Reporter: Crystal Pilgrim.) (hmc) (Entered: 06/29/2020)
2020-07-31	9	Joint STATUS REPORT by DRUG ENFORCEMENT ADMINISTRATION, UNITED STATES DEPARTMENT OF JUSTICE. (Jones, Sian) (Entered: 07/31/2020)
2020-07-31		MINUTE ORDER. Upon consideration of the parties' 9 Joint Status Report, it is hereby ORDERED that the parties shall adhere to the following briefing schedule. Defendants shall file their motion for summary judgment on or before September 9, 2020. Plaintiff shall file his combined opposition and cross-motion for summary judgment on or before October 9, 2020. Defendants shall file their combined reply and opposition on or before November 9, 2020. Plaintiff shall file his reply, if any, on or before November 23, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/31/2020. (lctnm3) (Entered: 07/31/2020)
2020-08-03		Set/Reset Deadlines: Defendants' Motion for Summary Judgment due by 9/9/2020. Plaintiff's opposition and Cross-Motion due by 10/9/2020. Defendants' reply and opposition due by 11/9/2020. Plaintiff's Reply due by 11/23/2020. (hmc) (Entered: 08/03/2020)
2020-09-09	10	MOTION for Summary Judgment by DRUG ENFORCEMENT ADMINISTRATION, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Text of Proposed Order)(Jones, Sian) (Entered: 09/09/2020)
2020-10-05	11	Unopposed MOTION for Extension of Time to File Response/Reply as to 10 MOTION for Summary Judgment , Unopposed MOTION for Extension of Time to File Plaintiffs Cross-Motion for Summary Judgment by MICHAEL R. CHAVIS (Kissinger, Stephen) (Entered: 10/05/2020)
2020-10-05		MINUTE ORDER granting Plaintiff's 11 Unopposed Motion for Extension of Time. The parties shall adhere to the following revised briefing schedule. Plaintiff shall file his combined opposition and cross-motion for summary judgment on or before November 8, 2020. Defendants shall file their combined reply and opposition on or before December 9, 2020. Plaintiff shall file his reply, if any, on or before December 23, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/5/2020. (lctnm3) (Entered: 10/05/2020)
2020-10-06		Set/Reset Deadlines: Plaintiff's combined opposition and cross-motion for summary judgment due by 11/8/2020. Defendants' combined reply and opposition due by 12/9/2020. Plaintiff's reply due by 12/23/2020. (hmc) (Entered: 10/06/2020)
2020-11-02	12	ERRATA by DRUG ENFORCEMENT ADMINISTRATION, UNITED STATES DEPARTMENT OF JUSTICE 10 MOTION for Summary Judgment filed by DRUG ENFORCEMENT ADMINISTRATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit)(Jones, Sian) (Entered: 11/02/2020)
2020-11-09	13	Memorandum in opposition to re 10 MOTION for Summary Judgment Opposition to MSJ and Cross MSJ filed by MICHAEL R. CHAVIS. (Attachments: # 1 Exhibit Att A Chavis declaration, # 2 Exhibit Att B FOIA request 08-09-18, # 3 Exhibit Att C DEA response 09-04-18, # 4 Exhibit Att D cert of ID, # 5 Exhibit Att E DEA response 09-18-18, # 6 Exhibit Att F DEA Response 10-12-18, # 7 Exhibit Att G DEA Response 12-18-18, # 8 Exhibit Att H Appeal confirmation, # 9 Exhibit Att I Appeal denied, # 10 Exhibit Att J Affidavit and App for Search Warrant, # 11 Exhibit Att K Discovery Responses, # 12 Exhibit Att L Bakkedahl ltr and DEA emails, # 13 Text of Proposed Order Proposed Order)(Kissinger, Stephen) Modified docket event/text on 11/10/2020 (eg). (Entered: 11/09/2020)
2020-11-09	14	Cross MOTION for Summary Judgment and Opposition to Defendants MSJ by MICHAEL R. CHAVIS (Attachments: # 1 Exhibit Att A Chavis declaration, # 2 Exhibit Att B FOIA request 08-09-18, # 3 Exhibit Att C DEA response 09-04-18, # 4 Exhibit Att D cert of ID form, # 5 Exhibit Att E DEA response 09-18-18, # 6 Exhibit Att F 10-12-18 DEA response, # 7 Exhibit Att G DEA response 12-18-18, # 8 Exhibit Att H appeal confirmation, # 9 Exhibit Att I appeal denial, # 10 Exhibit Att J Affidavit and app for Search warrant, # 11 Exhibit Att K Discovery responses, # 12 Exhibit Att L Bakkedahl ltr and DEA emails, # 13 Text of Proposed Order Proposed Order)(Kissinger, Stephen) (Entered: 11/09/2020)
2020-12-09	15	Memorandum in opposition to re 14 Cross MOTION for Summary Judgment and Opposition to Defendants MSJ filed by DRUG ENFORCEMENT ADMINISTRATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Jones, Sian) Modified docket event/text on 12/11/2020 (eg). (Entered: 12/09/2020)
2020-12-09	16	REPLY in support of motion re 13 Response to motion,,, filed by DRUG ENFORCEMENT ADMINISTRATION, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Jones, Sian) Modified docket event/text on 12/11/2020 (eg). (Entered: 12/09/2020)
2020-12-21	17	REPLY to opposition to motion re 14 Cross MOTION for Summary Judgment and Opposition to Defendants MSJ filed by MICHAEL R. CHAVIS. (Kissinger, Stephen) (Entered: 12/21/2020)
2021-04-28	18	MEMORANDUM OPINION re Defendants' 10 Motion for Summary Judgment and Plaintiff's 14 Cross-Motion for Summary Judgment. Signed by Judge Trevor N. McFadden on 4/28/2021. (lctnm3) (Entered: 04/28/2021)
2021-04-28	19	ORDER. For the reasons stated in 18 Memorandum Opinion, Defendants' 10 Motion for Summary Judgment is GRANTED and Plaintiff's 14 Cross-Motion for Summary Judgment is DENIED. The Clerk of Court is directed to close this case. This is a final, appealable Order. See attached for details. Signed by Judge Trevor N. McFadden on 4/28/2021. (lctnm3) (Entered: 04/28/2021)
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