Case Detail

FOIA Project Annotation: Judge Rosemary Collyer has ruled that the State Department conducted an adequate search for records pertaining to Emmanuel Lazaridis and his minor daughter, who is still the subject of a custody dispute and currently resides with Lazaridis in Greece, and that the majority of the agency's redactions were proper under Exemption 6 (invasion of privacy), Exemption 7 (C) (invasion of privacy concerning law enforcement records), and Exemption 5 (privileges). Collyer had already issued several opinions in the litigation and Lazaridis's challenges to the adequacy of the search by this time boiled down to his contention that the Office of Overseas Citizens Services had not been thoroughly searched. Collyer rejected the claim, noting that "DOS's searches were reasonably calculated to (and did) locate responsive records." Lazaridis claimed that Exemption 6 did not apply to much of the personal information concerning his ex-wife because she had already publicized the information. But Collyer pointed out that "Mr. Lazaridis's public domain argument fails because it is not predicated on an 'official and documented disclosure,' which is required to overcome the exemption, but rather on the disclosure of information by the child's mother, whom Mr. Lazaridis has not shown to have any authority to speak or act on behalf of the government. . .To the extent that Mr. Lazaridis is seeking release of exempt material on a waiver theory, the publicity surrounding the child's mother, even if she approved it, cannot be said to constitute a waiver by the agency of its right to invoke FOIA exemptions." Lazaridis claimed personal information about third parties was not protected because the agency acted in bad faith by applying the privacy exemption to such information. Collyer observed that "Mr. Lazardis's claim of impropriety based on DOS's invocation of this exemption begs the question, and he has not otherwise identified 'government misconduct' that would be revealed from the release of the third-party information contained in the authorizations." Recognizing that State was not a law enforcement agency, Collyer agreed with the agency that records pertaining to the kidnapping charges qualified as law enforcement records under Exemption 7. She rejected Lazaridis's claim that 7(C) did not apply to the personal information in the records because disclosure was in the public interest, noting that Lazaridis's "subjective assertions fail to trigger the balancing requirement not only because they are unsubstantiated but also because they present interests that are clearly personal to Mr. Lazaridis." She agreed that telephone and fax numbers could be withheld, observing that "the commonly asserted harm associated with disclosing the telephone numbers of law enforcement officers, e.g., possible harassment, does not and cannot turn on whether they are work numbers or private numbers, both categories of which can lead to identifying the respective officer." Lazaridis argued that State could only claim the deliberative process privilege for internal records between DOS and its legal counsel. Rejecting that claim, Collyer pointed out that "this argument simply ignores exemption 5's language that protects records reflecting both 'intra-agency' and 'inter-agency' deliberations." However, she indicated that a memo of a telephone conversation between DOS and a Michigan detective was not covered. She explained that "since that document reflects neither inter-agency nor intra-agency discussions, the Court does not find exemption 5 applicable."
Issues: Adequacy - Search, Exemption 6 - Invasion of privacy, Exemption 7(C) - Invasion of privacy concerning law enforcement records

FOIA Project Annotation: Judge Rosemary Collyer ruled that the State Department had properly applied Exemption 7(A) (interference with ongoing investigation or proceeding) and Exemption 7(E) (investigative methods and techniques) to two documents the agency withheld from Emmanuel Lazaridis. She also found the agency had conducted an sufficient segregability analysis and that no further information could be disclosed.
Issues: Segregability - Disclosure of all non-exempt records, Exemption 7(E) - Investigative methods or techniques, Exemption 7(A)

Date Filed	Doc #	Docket Text
2010-07-30	1	COMPLAINT against UNITED STATES DEPARTMENT OF STATE (Filing fee $ 0.00) filed by EMMANUEL N. LAZARIDIS. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 08/02/2010)
2010-07-30		SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 08/02/2010)
2010-07-30	2	NOTICE OF RELATED CASE by EMMANUEL N. LAZARIDIS. Case related to Case No. 09-1177. (rdj) (Entered: 08/02/2010)
2010-07-30	3	MOTION for Leave to Proceed in forma pauperis by EMMANUEL N. LAZARIDIS (rdj) (Entered: 08/02/2010)
2010-07-30		FIAT ORDER granting 3 Motion for Leave to Proceed in forma pauperis "Leave to File without prepayment of Cost GRANTED". Signed by Judge Henry H. Kennedy on July 30, 2010. (rdj) (Entered: 08/02/2010)
2010-08-04	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 8/4/10. (rdj) (Entered: 08/05/2010)
2010-08-16	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF STATE served on 8/13/2010 (rdj) (Entered: 08/17/2010)
2010-08-17	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed in a FOIA Case as to the U.S. Attorney for DC served on 8/17/2010, answer due 9/16/2010 for U.S. Attorney. (rdj) (Entered: 08/17/2010)
2010-09-15	7	NOTICE of Appearance by Benton Gregory Peterson on behalf of UNITED STATES DEPARTMENT OF STATE (Peterson, Benton) (Entered: 09/15/2010)
2010-09-15	8	MOTION for Extension of Time to File Response to Complaint by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 09/15/2010)
2010-09-21		MINUTE ORDER granting, nunc pro tunc, 8 Defendant's Motion for Extension of Time to File a Response to 1 Plaintiff's Complaint. Defendants shall file a response no later than November 8, 2010. Signed by Judge Rosemary M. Collyer on 9/21/10. (lcrmc1) (Entered: 09/21/2010)
2010-11-05	9	Second MOTION for Extension of Time to File Response to Answer by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 11/05/2010)
2010-11-09		MINUTE ORDER granting 9 Defendant's Motion for Extension of Time to File a Response to 1 Plaintiff's Complaint. Defendant shall file a response to 1 Plaintiff's complaint no later than January 12, 2011. Signed by Judge Rosemary M. Collyer on 11/9/10. (lcrmc1) (Entered: 11/09/2010)
2010-11-09		Set/Reset Deadlines: Answer to complaint due by 1/12/2011. (cdw) (Entered: 11/09/2010)
2011-01-12	10	MOTION for Extension of Time to File Answer by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 01/12/2011)
2011-01-13	11	ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF STATE.(Peterson, Benton) (Entered: 01/13/2011)
2011-01-13		MINUTE ORDER granting, nunc pro tunc to January 12, 2011, 10 Defendant's Motion for Extension of Time to Answer. Defendant shall file an answer no later than January 13, 2011. Signed by Judge Rosemary M. Collyer on 1/13/11. (lcrmc1) (Entered: 01/13/2011)
2011-04-08	12	ORDER. Defendant shall file a dispositive motion by May 9, 2011, to which the Plaintiff shall have until June 20, 2011, to respond. See attached Order for further details. Signed by Judge Rosemary M. Collyer on 4/8/11. (lcrmc1) (Entered: 04/08/2011)
2011-04-08		Set/Reset: Defendant's Dispositive Motions due by 5/9/2011. Plaintiff's Response to Dispositive Motions due by 6/20/2011. (cp) (Entered: 04/08/2011)
2011-05-05	13	MOTION for Extension of Time to File Dispositive Motion by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Peterson, Benton) (Entered: 05/05/2011)
2011-05-06		MINUTE ORDER granting 13 Defendant's Motion for Extension of Time to File a response to Plaintiff's Complaint. Defendant shall respond no later than July 11, 2011. Signed by Judge Rosemary M. Collyer on 5/6/11. (lcrmc1) (Entered: 05/06/2011)
2011-05-06		Set/Reset Deadlines/Hearings: Answer to complaint due by 7/11/2011. (cdw) (Entered: 05/10/2011)
2011-07-11	14	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Declaration Grafeld, # 3 Exhibit A, # 4 Text of Proposed Order)(Peterson, Benton) (Entered: 07/11/2011)
2011-07-14	15	ORDER directing Plaintiff to file a response to the Defendant's Summary Judgment Motion 14 no later than September 16, 2011 or the Court may treat the matter as conceded. Signed by Judge Rosemary M. Collyer on 7/14/2011. (lcrmc1) (Entered: 07/14/2011)
2011-07-14		Set/Reset Deadlines/Hearings: Response to 14 Motion for Summary Judgment due by 9/16/2011. (cdw) (Entered: 07/15/2011)
2011-09-19	16	MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Summary Judgment by EMMANUEL N. LAZARIDIS (Attachments: # 1 Text of Proposed Order)(rdj) (Entered: 09/20/2011)
2011-09-22		MINUTE ORDER granting nunc pro tunc to September 16, 2011 16 Plaintiff's Motion for Extension of Time to File Response. Plaintiff shall file a response to Defendant's Motion for Summary Judgment no later than October 12, 2011. Signed by Judge Rosemary M. Collyer on 9/22/2011. (lcrmc1) (Entered: 09/22/2011)
2011-09-22		Set/Reset Deadlines: Plaintiff's response to Defendant's Motion for Summary Judgment due no later than 10/12/2011. (tth) (Entered: 09/22/2011)
2011-10-14	17	MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Summary Judgment by EMMANUEL N. LAZARIDIS "Let this be filed" by Judge R.M. Collyer. (Attachments: # 1 Text of Proposed Order)(rdj) (Entered: 10/14/2011)
2011-10-18		MINUTE ORDER granting nunc pro tunc to October 12, 2011 17 Motion for Extension of Time to File Response/Reply. Plaintiff shall file a response to Defendant's Motion for Summary Judgment no later than November 2, 2011. Signed by Judge Rosemary M. Collyer on 10/18/2011. (lcrmc1) (Entered: 10/18/2011)
2011-10-18		Set/Reset Deadlines/Hearings: Response to Motion for Summary Judgment due by 11/2/2011. (cdw) (Entered: 10/18/2011)
2011-11-01	18	Memorandum in opposition to re 14 MOTION for Summary Judgment filed by EMMANUEL N. LAZARIDIS. (rdj) (Entered: 11/03/2011)
2011-11-14	19	Unopposed MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 11/14/2011)
2011-11-14		MINUTE ORDER granting 19 Defendant's Motion for Extension of Time to File Response/Reply. Defendant shall file a reply in support of its 14 Motion for Summary Judgment no later than December 1, 2011. Signed by Judge Rosemary M. Collyer on 11/14/2011. (lcrmc1) (Entered: 11/14/2011)
2011-11-14		Set/Reset Deadlines/Hearings: Reply to Motion for Summary Judgment due by 12/1/2011. (cdw) (Entered: 11/14/2011)
2011-12-01	20	REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Peterson, Benton) (Entered: 12/01/2011)
2012-01-04	21	NOTICE of filing by UNITED STATES DEPARTMENT OF STATE re 14 MOTION for Summary Judgment (Attachments: # 1 Statement of Material Facts)(Peterson, Benton) (Entered: 01/04/2012)
2012-02-16	22	ORDER denying 14 Defendant's Motion for Summary Judgment without prejudice. Defendant shall file a renewed summary judgment motion no later than March 16, 2012. Mr. Lazaridis shall file any opposition in accordance with the advisements provided in the Order issued on September 14, 2011 no later than May 16, 2012. Signed by Judge Rosemary M. Collyer on 2/16/2012. (lcrmc1) (Entered: 02/16/2012)
2012-02-16		Set/Reset Deadlines/Hearings: DOS renewed Summary Judgment motion due by 3/16/2012. Plaintiff's response to Motion for Summary Judgment due by 5/16/2012. (cdw) (Entered: 02/16/2012)
2012-02-17	23	Cross- MOTION for Summary Judgment by EMMANUEL N. LAZARIDIS (Attachments: # 1 Text of Proposed Order)(rdj) (Entered: 02/21/2012)
2012-03-09	24	Memorandum in opposition to re 23 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Peterson, Benton) (Entered: 03/09/2012)
2012-03-16	25	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Declaration Grafeld Declaration, # 2 Exhibit A Vaughn Index, # 3 Text of Proposed Order)(Peterson, Benton) (Entered: 03/16/2012)
2012-03-16	26	CERTIFICATE OF SERVICE by UNITED STATES DEPARTMENT OF STATE re 25 MOTION for Summary Judgment. (Peterson, Benton) (Entered: 03/16/2012)
2012-03-16	27	NOTICE of Filing Renewed Statement of Material Fact by UNITED STATES DEPARTMENT OF STATE re 25 MOTION for Summary Judgment (Peterson, Benton) (Entered: 03/16/2012)
2012-03-19	28	NOTICE (renewed) by UNITED STATES DEPARTMENT OF STATE re 25 MOTION for Summary Judgment (Attachments: # 1 Statement of Facts)(Peterson, Benton) (Entered: 03/19/2012)
2012-03-20	29	ORDER requiring Plaintiff to file a response to 25 Defendant's renewed motion for summary judgment no later than May 16, 2012. If Plaintiff fails to do so, the motion may be granted and this case may be dismissed. Signed by Judge Rosemary M. Collyer on 3/20/2012. (KD) (Entered: 03/20/2012)
2012-03-20		Set/Reset Deadlines/Hearings: Response to 25 Motion for Summary Judgment due by 5/16/2012. (cdw) (Entered: 03/20/2012)
2012-05-16	30	Memorandum in opposition to re 25 MOTION for Summary Judgment filed by EMMANUEL N. LAZARIDIS. (Attachments: # 1 Text of Proposed Order)(rdj) (Entered: 05/17/2012)
2012-05-16	31	Renewed Cross-MOTION for Summary Judgment by EMMANUEL N. LAZARIDIS (See document 30 to view document)(rdj) (Entered: 05/17/2012)
2012-05-29	32	MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 05/29/2012)
2012-05-31		MINUTE ORDER granting 32 Defendant's Motion for Extension of Time to File Response/Reply. Defendant shall file its opposition to 31 Plaintiff's Motion for Summary Judgment and reply in support of its 25 Motion for Summary Judgment no later than June 29, 2012. Signed by Judge Rosemary M. Collyer on 5/31/2012. (lcrmc1) (Entered: 05/31/2012)
2012-05-31		Set/Reset Deadlines/Hearings: Reply to 25 Motion for Summary Judgment due by 6/29/2012. Response to 31 Cross Motion due by 6/29/2012. (cdw) (Entered: 06/04/2012)
2012-06-29	33	Memorandum in opposition to re 31 MOTION for Summary Judgment and reply to Plaintiff's Opposition to Defendant's Renewed Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Peterson, Benton) (Entered: 06/29/2012)
2012-07-02	34	REPLY to opposition to motion re 25 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF STATE. (Peterson, Benton) (Entered: 07/02/2012)
2012-08-31		MINUTE ORDER denying as moot 23 Plaintiff's Motion for Summary Judgment, due to Plaintiff's filing of a renewed motion for summary judgment 31 . Signed by Judge Rosemary M. Collyer on 8/31/2012. (KD) (Entered: 08/31/2012)
2013-03-27	35	MEMORANDUM AND OPINION. Signed by Judge Rosemary M. Collyer on 3/27/2013. (lcrmc3) (Entered: 03/27/2013)
2013-03-27	36	ORDER granting in part and denying in part 25 Defendant's Motion for Summary Judgment; denying 31 Plaintiff's Cross-Motion for Summary Judgment. It is FURTHER ORDERED that no later than May 6, 2013, Defendant shall supplement the record consistent with the Court's ruling and, if appropriate, renew its motion for summary judgment. Plaintiff may file an opposition no later than June 6, 2013. Signed by Judge Rosemary M. Collyer on 3/27/2013. (lcrmc3) (Entered: 03/27/2013)
2013-03-27		Set/Reset Deadlines/Hearings: Defendant's Supplement due by 5/6/2013. Plaintiff's Responses due by 6/6/2013. (cdw) (Entered: 03/28/2013)
2013-05-02	37	MOTION for Extension of Time to File Dispositive by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 05/02/2013)
2013-05-03		MINUTE ORDER granting 37 Defendant's Motion for Extension of Time to File to file a renewed motion for summary judgment. Defendant shall file its renewed motion no later than June 19, 2013; Plaintiff shall file an opposition no later than July 19, 2013. Signed by Judge Rosemary M. Collyer on 5/3/2013. (KD) (Entered: 05/03/2013)
2013-05-03		Set/Reset Deadlines/Hearings: Renewed Summary Judgment motion due by 6/19/2013. Response to renewed Motion for Summary Judgment due by 7/19/2013. (cdw) (Entered: 05/06/2013)
2013-06-19	38	Supplemental MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Text of Proposed Order)(Peterson, Benton) (Entered: 06/19/2013)
2013-06-20	39	ORDER requiring Plaintiff to file a response to 38 Defendant's supplemental motion for summary judgment no later than July 19, 2013. If Plaintiff does not respond by that date, the Court will treat the motion as conceded and may enter judgment for Defendant. Signed by Judge Rosemary M. Collyer on 6/20/2013. (KD) (Entered: 06/20/2013)
2013-08-01	40	MEMORANDUM AND OPINION. Signed by Judge Rosemary M. Collyer on 8/1/2013. (KD) (Entered: 08/01/2013)
2013-08-01	41	ORDER granting 38 Defendant's Supplemental Motion for Summary Judgment. Judgment is entered in favor of Defendant. This case is closed. Signed by Judge Rosemary M. Collyer on 8/1/2013. (KD) (Entered: 08/01/2013)
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