Case Detail

FOIA Project Annotation: A federal court in Connecticut has ruled that various components of the Justice Department conducted an adequate search for records related to Adrian Peeler's conviction on drug charges and that the agency properly withheld information under Exemption 7(C) (invasion of privacy concerning law enforcement records). Peeler asked for call information associated with a specific phone number and, while the DEA located Peeler's case file, it could find no information pertaining to the phone number. Some records were eventually disclosed to Peeler and he filed suit. He argued that common sense dictated that there must be more records, particularly since he had responsive records the agency had not located. But the court noted that "plaintiff must assert more than his good-faith belief or 'common sense' notion that more records exist in order to created a genuine factual dispute as to the adequacy of Defendant's search." The court observed that "Defendant's search of its records and databases is, as a matter of law, a reasonably adequate search intended to identify and locate responsive records." The agency had withheld personally-identifying information of third parties. Peeler argued the agency had redacted several data fields from a table of phone calls the disclosure of which would not allow identification. Giving the agency the benefit of the doubt, the court pointed out that "certainly the release of information in the name, address, and phone number columns would result in the identification of third-party individuals involved in the investigation. Furthermore, the Court concludes that even the release of the information at a higher level of generality, such as that found in the 'City' and 'State' columns has the potential to make the identification of the information in the 'Name' and 'Address' columns easier, and therefore threatens the privacy interests of the individuals whose information has been withheld."
Issues: Adequacy - Search, Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2011-08-10	1	COMPLAINT against Drug Enforcement Agency, U.S. Dept. of Justice, filed by Adrian Peeler. (Attachments: # 1 Civil Cover Sheet)(Montgomery, A.) (Entered: 08/16/2011)
2011-08-10	2	MOTION for Leave to Proceed in forma pauperis by Adrian Peeler. (Montgomery, A.) (Entered: 08/16/2011)
2011-08-10	3	ENTERED IN ERROR...Order on Pretrial Deadlines: Motions to Dismiss due on 11/10/2011. Amended Pleadings due by 10/9/2011 Discovery due by 2/9/2012 Dispositive Motions due by 3/10/2012. Signed by Judge Janet Bond Arterton on 8/10/2011. (Montgomery, A.) Modified on 8/16/2011; NO PRE-TRIAL DEADLINES ISSUED ON FREEDOM OF INFORMATION CASES (Montgomery, A.). (Entered: 08/16/2011)
2011-08-10	4	STANDING PROTECTIVE ORDER. Signed by Judge Janet Bond Arterton on 8/10/2011. (Montgomery, A.) (Entered: 08/16/2011)
2011-08-10	5	ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Janet Bond Arterton on 8/10/2011. (Montgomery, A.) (Entered: 08/16/2011)
2011-08-10		Request for Clerk to issue summons as to Drug Enforcement Agency, U.S. Dept. of Justice. (Montgomery, A.) Modified on 8/16/2011 to correct date of request (Montgomery, A.). (Entered: 08/16/2011)
2011-08-17	6	ORDER REFERRING CASE to Magistrate Judge Joan G. Margolis for including 2 MOTION for Leave to Proceed in forma pauperis. Signed by Judge Janet Bond Arterton on 8/15/2011. Motions referred to Joan G. Margolis(Falcone, K.) (Entered: 08/17/2011)
2011-08-18	7	ELECTRONIC ORDER granting 2 Motion for Leave to Proceed in forma pauperis. THIS IS THE ONLY NOTICE COUNSEL WILL RECEIVE FROM THE COURT. Signed by Judge Joan G. Margolis on 8/18/11. (Margolis, Joan) (Entered: 08/18/2011)
2011-08-18	8	ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Drug Enforcement Agency, U.S. Dept. of Justice* with answer to complaint due within *30* days. Attorney *Bansley Law Offices LLC* *267 Orange Street* *New Haven, CT 06510*. (Falcone, K.) (Entered: 08/18/2011)
2011-08-18	9	NOTICE TO COUNSEL: Counsel initiating or removing this action is responsible for serving all parties with attached documents and copies of 1 Complaint filed by Adrian Peeler, 2 MOTION for Leave to Proceed in forma pauperis filed by Adrian Peeler, 7 Order on Motion for Leave to Proceed in forma pauperis, 6 Order Referring Case to Magistrate Judge, 5 Electronic Filing Order, 4 Protective Order. Signed by Clerk on 8/18/2011. (Falcone, K.) (Entered: 08/18/2011)
2011-09-12	14	SUMMONS Returned Executed by Adrian Peeler. Drug Enforcement Agency served on 8/24/2011, answer due 10/23/2011; U.S. Dept. of Justice served on 8/24/2011, answer due 10/23/2011. (Brown, S.) (Entered: 09/21/2011)
2011-09-14	10	NOTICE of Appearance by Lisa E. Perkins on behalf of U.S. Dept. of Justice (Perkins, Lisa) (Entered: 09/14/2011)
2011-09-14	11	Consent MOTION for Extension of Time until October 28, 2011 to Respond to Complaint 1 Complaint by U.S. Dept. of Justice. (Perkins, Lisa) (Entered: 09/14/2011)
2011-09-14	12	NOTICE by U.S. Dept. of Justice of Related Case (Perkins, Lisa) (Main Document 12 replaced on 9/15/2011) (Falcone, K.). (Entered: 09/14/2011)
2011-09-15	13	ORDER granting 11 Motion for Extension of Time until 10/28/2011 to respond to complaint. Signed by Clerk on 9/15/2011. (Falcone, K.) (Entered: 09/15/2011)
2011-09-15		Answer deadline updated for U.S. Dept. of Justice to 10/28/2011. (Falcone, K.) (Entered: 09/15/2011)
2011-10-28	15	ANSWER to 1 Complaint with Affirmative Defenses by Drug Enforcement Agency, U.S. Dept. of Justice.(Perkins, Lisa) (Entered: 10/28/2011)
2012-06-25	16	NOTICE TO COUNSEL/PARTIES: Pursuant to D. Conn.L. Civ. R. 26(f), the parties have until 7/10/12 to file their 26(f) Planning Report or this case may be dismissed. This is the only notice the court shall issue., ( Rule 26 Meeting Report due by 7/10/2012). Signed by Clerk on 6/25/12. (Torday, B.) (Entered: 06/25/2012)
2012-06-27	17	Joint STATUS REPORT and Proposed Briefing Schedule by Drug Enforcement Agency, U.S. Dept. of Justice, Adrian Peeler. (Perkins, Lisa) (Entered: 06/27/2012)
2012-06-27	18	RESPONSE re 16 Notice, Set Deadlines/Hearings,, by Drug Enforcement Agency, U.S. Dept. of Justice, Adrian Peeler Explanation re: Rule 26(f) . (Perkins, Lisa) (Entered: 06/27/2012)
2012-07-25		Set Deadlines/Hearings: Dispositive Motions due by 9/14/2012 (Tooker, A.) (Entered: 07/25/2012)
2012-09-06	19	Consent MOTION for Extension of Time until October 5, 2012 File Summary Judgment Motion by Drug Enforcement Agency, U.S. Dept. of Justice. (Perkins, Lisa) (Entered: 09/06/2012)
2012-09-11	20	ORDER granting, until 10/5/12; opposition due 10/26/12; any reply due 11/16/12 19 Motion for Extension of Time. Signed by Judge Janet Bond Arterton on 9/10/12. (Torday, B.) (Entered: 09/11/2012)
2012-09-11		Set Deadlines/Hearings: Dispositive Motions due by 10/5/2012 (Torday, B.) (Entered: 09/11/2012)
2012-10-04	21	Consent MOTION for Extension of Time until October 30, 2012 to File Summary Judgment Motion by Drug Enforcement Agency, U.S. Dept. of Justice. (Perkins, Lisa) (Entered: 10/04/2012)
2012-10-04	22	ORDER granting 21 Motion for Extension of Time to 10/30/12. Signed by Judge Janet Bond Arterton on 10/3/12. (Tooker, A.) (Entered: 10/04/2012)
2012-10-04		Set Deadlines/Hearings: Dispositive Motions due by 10/30/2012 (Tooker, A.) (Entered: 10/04/2012)
2012-10-31	23	Consent MOTION for Extension of Time until November 7, 2012 to File Dispositive Motion by Drug Enforcement Agency, U.S. Dept. of Justice. (Perkins, Lisa) (Entered: 10/31/2012)
2012-11-06	24	ORDER granting 23 Motion for Extension of Time. Signed by Judge Janet Bond Arterton on 11/5/12. (Tooker, A.) (Entered: 11/06/2012)
2012-11-06		Set Deadlines/Hearings: Dispositive Motions due by 11/7/2012 (Tooker, A.) (Entered: 11/06/2012)
2012-11-09	25	Consent MOTION for Extension of Time until November 16, 2012 to File Summary Judgment Motion by Drug Enforcement Agency, U.S. Dept. of Justice. (Perkins, Lisa) (Entered: 11/09/2012)
2012-11-16	26	ORDER granting 25 Motion for Extension of Time, with consent. Signed by Judge Janet Bond Arterton on 11/16/12. (Tooker, A.) (Entered: 11/16/2012)
2012-11-16		Set Deadlines/Hearings: Dispositive Motions due by 11/16/2012 (Tooker, A.) (Entered: 11/16/2012)
2012-11-17	27	MOTION for Summary Judgment by Drug Enforcement Agency, U.S. Dept. of Justice.Responses due by 12/8/2012 (Perkins, Lisa) (Entered: 11/17/2012)
2012-11-17	28	Memorandum in Support re 27 MOTION for Summary Judgment filed by Drug Enforcement Agency, U.S. Dept. of Justice. (Attachments: # 1 Exhibit !, Little Declaration, # 2 Exhibit 1A Exhibits to Little Decl. and Vaughn, # 3 Exhibit 2, Boseker Decl., # 4 Exhibit 3, Recommended Ruling, # 5 Exhibit 4, Order granting SJ)(Perkins, Lisa) (Entered: 11/17/2012)
2012-11-17	29	Statement of Material Facts re 27 MOTION for Summary Judgment filed by Drug Enforcement Agency, U.S. Dept. of Justice. (Perkins, Lisa) (Entered: 11/17/2012)
2012-11-19	30	Consent MOTION for Extension of Time until November 17, 2012 to file dispositive motion by Drug Enforcement Agency, U.S. Dept. of Justice. (Perkins, Lisa) (Entered: 11/19/2012)
2012-12-10	31	First MOTION for Extension of Time until January 8, 2013 to file Response/Reply to Defendant's 27 MOTION for Summary Judgment by Adrian Peeler. (Bansley, Walter) Modified on 12/12/2012 to correct motion relief (Malone, P.). (Entered: 12/10/2012)
2012-12-11	32	ORDER granting 30 31 Motions for Extension of Time to 1/8/13. Signed by Judge Janet Bond Arterton on 12/10/12. (Tooker, A.) (Entered: 12/11/2012)
2012-12-11	33	Set/Reset Deadlines as to 27 MOTION for Summary Judgment. Responses due by 1/8/2013 (Tooker, A.) (Entered: 12/11/2012)
2013-01-08	34	First OBJECTION re 27 MOTION for Summary Judgment, 28 Memorandum in Support of Motion, filed by Adrian Peeler. (Attachments: # 1 Memorandum in Support)(Bansley, Walter) (Entered: 01/08/2013)
2013-01-08	35	EXHIBIT A, B, C, D by Adrian Peeler re 34 Objection re 27 Motion for Summary Judgment. (Attachments: # 1 Exhibit Exhibit B, # 2 Exhibit Exhibit C, # 3 Exhibit Exhibit D)(Bansley, Walter) Modified on 1/9/2013 to add link to Motion (Malone, P.). (Entered: 01/08/2013)
2013-01-09	36	CERTIFICATE OF SERVICE by Adrian Peeler re 35 Exhibit, 34 Objection (Bansley, Walter) (Entered: 01/09/2013)
2013-04-24		Set Deadlines/Hearings: Oral Argument has been set down for 6/21/2013 at 3:30 PM in Courtroom Two, 141 Church St., New Haven, CT before Judge Janet Bond Arterton (Tooker, A.) (Entered: 04/24/2013)
2013-04-24		Set/Reset Deadlines as to 27 MOTION for Summary Judgment. Motion Hearing set for 6/21/2013 03:30 PM in Courtroom Two, 141 Church St., New Haven, CT before Judge Janet Bond Arterton (Torday, B.) (Entered: 04/25/2013)
2013-04-26		Oral Argument has been rescheduled to 7/29/13 at 3:30 p.m., Courtroom Two. (Tooker, A.) (Entered: 04/26/2013)
2013-04-26		Reset Deadlines as to 27 MOTION for Summary Judgment. Motion Hearing set for 7/29/2013 03:30 PM in Courtroom Two, 141 Church St., New Haven, CT before Judge Janet Bond Arterton (Torday, B.) (Entered: 04/29/2013)
2013-07-23	37	Consent MOTION To Permit Appearance of Law Student Intern by Drug Enforcement Agency, U.S. Dept. of Justice.Responses due by 8/13/2013 (Perkins, Lisa) Modified on 7/24/2013 to correct motion relief (Garguilo, B). (Entered: 07/23/2013)
2013-07-25	38	Reset Deadlines as to 27 MOTION for Summary Judgment. Notice of Time Change . Oral argument on Defendant's Motion 27 for Summary Judgment has been rescheduled to 7/29/2013 at 02:30 PM in Courtroom Two, 141 Church St., New Haven, CT before Judge Janet Bond Arterton (Bonneau, J) (Entered: 07/25/2013)
2013-07-26	39	ORDER granting 37 Motion to Permit Appearance of Law Student Intern. Signed by Judge Janet Bond Arterton on 7/26/13. (Tooker, A.) (Entered: 07/26/2013)
2013-07-29	40	Minute Entry. Proceedings held before Judge Janet Bond Arterton: Motion Hearing held on 7/29/2013 re 27 MOTION for Summary Judgment filed by U.S. Dept. of Justice, Drug Enforcement Agency.taking under advisement 27 Motion for Summary Judgment; Total Time: 1 hours and 5 minutes(Court Reporter Sharon Montini.) (Torday, B.) (Entered: 07/30/2013)
2013-08-15	41	ORDER: Defendant's Motion 27 for Summary Judgment is GRANTED. The clerk is directed to close this case. Signed by Judge Janet Bond Arterton on 08/15/2013. (Bonneau, J) (Entered: 08/15/2013)
2013-08-15	42	JUDGMENT entered in favor of Drug Enforcement Agency, U.S. Dept. of Justice against Adrian Peeler. For Appeal Forms please go to the following website: http://www.ctd.uscourts.gov/forms.html Signed by Clerk on 8/15/13.(Torday, B.) (Entered: 08/15/2013)
2013-08-15		JUDICIAL PROCEEDINGS SURVEY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Torday, B.) (Entered: 08/15/2013)
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