Case Detail

FOIA Project Annotation: Judge Emmet Sullivan has ruled that the State Department cannot withhold records contained in its Consular Lookout and Support System database merely because of their location. Robert Darnbrough, a Canadian citizen, requested information on his renunciation of U.S. citizenship in 2003. State withheld a record found in the CLASS database pertaining to Darnbrough's application to Customs and Border Protection for a NEXUS card allowing him expedited processing when traveling between the U.S. and Canada. State withheld the record under 8 U.S.C. § 1202(f), contending it was visa-related. The agency argued that "because [the record] was retrieved from a database used to determine visa eligibility, it is therefore exempt from disclosure in its entirety under Section 1202(f)." The agency asserted that "the purpose for which the information was retained, rather than its content, is what determines whether the information is exempt." The agency also claimed that 1202(f) established a policy of confidential treatment for visa records. Sullivan disagreed. He pointed out that "viewing Section 1202 as a whole, it is clear that the statute relates only to the issuance and refusal of visa applications. . .It does not concern other aspects of visas or immigration, such as visa revocations or other adjustments or changes in one's immigration status. . .Section 1202(f) cannot be extended to cover materials unrelated to a visa issuance or denial simply because those documents are contained in a database among other documents that may pertain to visa issuances and denials." Sullivan indicated that his holding was narrow. He observed that "because the Department has conceded that this case does not involve the issuance or refusal of a visa or permit, and because the document in question does not relate to the issuance or refusal of a visa or permit, it is not exempt from disclosure simply because it is found in a database that also holds information regarding the issuance and refusal of visas and permits."
Issues: Exemption 3 - Statutory prohibition of disclosure

Date Filed	Doc #	Docket Text
2011-10-21	1	COMPLAINT against U.S. DEPARTMENT OF STATE ( Filing fee $ 350, receipt number 4616043185) filed by ROBERT DARNBROUGH. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 10/24/2011)
2011-10-21		SUMMONS (3) Issued as to U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 10/24/2011)
2011-11-04	2	NOTICE of Appearance by Claire M. Whitaker on behalf of U.S. DEPARTMENT OF STATE (Whitaker, Claire) (Entered: 11/04/2011)
2011-11-06	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/24/2011. Answer due for ALL FEDERAL DEFENDANTS by 11/23/2011. (Attachments: # 1 Exhibit)(Ragland, Thomas) (Entered: 11/06/2011)
2011-11-06	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/24/2011. (Attachments: # 1 Exhibit)(Ragland, Thomas) (Entered: 11/06/2011)
2011-11-06	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on 10/27/2011 . All Defendants (Attachments: # 1 Exhibit)(Ragland, Thomas) (Entered: 11/06/2011)
2011-11-08	6	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Joel H. Paget, :Firm- Ryan, Swanson & Cleveland PLLC, :Address- 1201 Third Avenue, Suite 3400, Seattle, WA 98101. Phone No. - 206-654-2215. Fax No. - 206-652-2915 by ROBERT DARNBROUGH (Attachments: # 1 Declaration by Thomas Ragland, # 2 Declaration by Joel H. Paget, # 3 Text of Proposed Order)(Ragland, Thomas) (Entered: 11/08/2011)
2011-11-18	7	Consent MOTION for Extension of Time to File Answer by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 11/18/2011)
2011-11-21		MINUTE ORDER granting 7 defendant's consent motion for extension of time to respond to Complaint. Defendant shall file its response to the Complaint by no later than December 23, 2011. Signed by Judge Emmet G. Sullivan on November 21, 2011. (lcegs4) (Entered: 11/21/2011)
2011-11-22		Set/Reset Deadlines: Answer due by 12/23/2011, (clv, ) (Entered: 11/22/2011)
2011-12-05		MINUTE ORDER granting 6 the motion for pro hac vice appearance of Joel H. Paget.Signed by Judge Emmet G. Sullivan on December 5, 2011. (lcegs2 ) (Entered: 12/05/2011)
2011-12-20	8	Consent MOTION for Extension of Time to File Answer re 1 Complaint by U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 12/20/2011)
2011-12-20		MINUTE ORDER granting 8 defendant's consent motion for extension of time to respond to complaint. Defendant shall file its response to the complaint by no later than January 24, 2012. Signed by Judge Emmet G. Sullivan on December 20, 2011. (lcegs6) (Entered: 12/20/2011)
2011-12-22		Set/Reset Deadlines: Answer due by 1/24/2012, (clv, ) (Entered: 12/22/2011)
2012-01-24	9	ANSWER to 1 Complaint by U.S. DEPARTMENT OF STATE.(Whitaker, Claire) (Entered: 01/24/2012)
2012-01-31		MINUTE ORDER directing the parties to file a joint status report, including a recommendation for further proceedings, by no later than February 29, 2012. In the event that counsel are unable to agree on a joint recommendation, each party shall file an individual recommendation by that time. Signed by Judge Emmet G. Sullivan on January 30, 2012. (lcegs2 ) (Entered: 01/31/2012)
2012-01-31		Set/Reset Deadlines: Status Report due by 2/29/2012 (clv, ) (Entered: 01/31/2012)
2012-02-29	10	MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/29/2012)
2012-03-02		MINUTE ORDER. Upon consideration of the parties' joint scheduling proposal, the parties are directed to comply with the following briefing schedule: defendant's motion for summary judgment shall be filed no later than March 26, 2012. Plaintiff's opposition shall be filed no later than April 16, 2012. If plaintiff chooses to file a cross-motion, it shall be combined with the opposition and filed on the same date. Defendant's reply and, if applicable, combined opposition shall be filed no later than April 30, 2012. Plaintiff's reply, if applicable, shall be filed no later than May 7, 2012. Signed by Judge Emmet G. Sullivan on March 2, 2012. (lcegs2) (Entered: 03/02/2012)
2012-03-05		Set/Reset Deadlines: Summary Judgment due by 3/26/12; Cross Motion and response due by 4/16/12; Reply and Response to cross motion due by 4/30/12; reply to cross motion due by 5/7/12. (clv, ) (Entered: 03/05/2012)
2012-03-26	11	MOTION for Summary Judgment by U.S. DEPARTMENT OF STATE (Attachments: # 1 Affidavit Declaration of Sheryl L. Walter, # 2 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/26/2012)
2012-04-16	12	NOTICE of Change of Address by Thomas K. Ragland (Ragland, Thomas) (Entered: 04/16/2012)
2012-04-16	13	RESPONSE re 11 MOTION for Summary Judgment filed by ROBERT DARNBROUGH. (Ragland, Thomas). (Entered: 04/16/2012)
2012-04-16	14	Memorandum in opposition to re 11 MOTION for Summary Judgment filed by ROBERT DARNBROUGH. (Attachments: # 1 Statement of Facts)(Ragland, Thomas) (Entered: 04/16/2012)
2012-04-30	15	REPLY to opposition to motion re 11 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Affidavit Supplemental Declaration of Sheryl L. Walter)(Whitaker, Claire) (Entered: 04/30/2012)
2012-05-07	16	REPLY to opposition to motion re 11 MOTION for Summary Judgment filed by ROBERT DARNBROUGH. (Ragland, Thomas) (Entered: 05/07/2012)
2013-02-20	17	ORDER denying 11 Motion for Summary Judgment. Signed by Judge Emmet G. Sullivan on February 20, 2013. (lcegs2) (Entered: 02/20/2013)
2013-02-20	18	MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on February 20, 2013. (lcegs2) (Entered: 02/20/2013)
2013-02-20		Set/Reset Deadlines: Status Report due by 4/1/2013 (clv, ) (Entered: 02/20/2013)
2013-03-28	19	STATUS REPORT (Joint) by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/28/2013)
2013-03-29		MINUTE ORDER. The Court has received 19 the parties' joint status report which states that the parties have reached a tentative settlement. In view of the foregoing, the parties shall file a stipulation of settlement by no later than April 10, 2013. If this case has not settled by April 10, 2013, the parties shall file a joint status report, including a recommendation for further proceedings, by no later than that same date. Signed by Judge Emmet G. Sullivan on March 29, 2013. (lcegs4) (Entered: 03/29/2013)
2013-03-31		Set/Reset Deadlines: Stipulation of settlement or a status report due by 4/10/2013 (clv, ) (Entered: 03/31/2013)
2013-04-10	20	STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 04/10/2013)
2013-04-12		MINUTE ORDER granting 20 the parties' joint request for a limited extension of time to continue settlement discussions. The parties shall file a stipulation of settlement by no later than April 24, 2013. If this case has not settled by April 24, 2013, the defendant shall file a motion to reconsider and/or supplemental memorandum in support of summary judgment by no later than that same date. Signed by Judge Emmet G. Sullivan on April 12, 2013. (lcegs4) (Entered: 04/12/2013)
2013-04-12		Set/Reset Deadlines: stipulation of settlement, motion to reconsider and/or supplemental memorandum in support of summary judgment due by 4/24/2013. (clv, ) (Entered: 04/12/2013)
2013-04-24	21	STATUS REPORT (Joint) by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Jacky Joseph Saint Juste, # 3 Exhibit A to Juste Dec.)(Whitaker, Claire) (Entered: 04/24/2013)
2013-04-26	22	MINUTE ORDER. In their 21 joint status report, the parties have represented that they have resolved the substantive issues in this case and the only issue remaining is attorneys' fees. The parties have requested 30 days to attempt to resolve this issue without court involvement. In view of the foregoing, if this case settles by or before May 28, 2013, the parties shall notify the court by filing a stipulation. In the event this case does not settle by that time, plaintiff shall file his motion for attorneys' fees by no later than May 28, 2013; defendant shall file its response by no later than June 28, 2013, and plaintiff shall file his reply by no later than July 15, 2013. SO ORDERED. Signed by Judge Emmet G. Sullivan on April 26, 2013. (lcegs4) (Entered: 04/26/2013)
2013-04-29		Set/Reset Deadlines: Motion for attorneys' fees due by 5/28/2013. Response due by 6/28/2013. Reply due by 7/15/2013. (mac) (Entered: 04/29/2013)
2013-05-24	23	STATUS REPORT Joint by ROBERT DARNBROUGH. (Attachments: # 1 Text of Proposed Order)(Ragland, Thomas) (Entered: 05/24/2013)
2013-05-28		MINUTE ORDER granting 23 joint request for additional time to try to agree to attorneys' fees without further litigation. If this case settles by or before June 6, 2013, the parties shall notify the court by filing a stipulation. In the event this case does not settle by that time, plaintiff shall file his motion for attorneys' fees by no later than June 6, 2013; defendant shall file its response by no later than July 5, 2013, and plaintiff shall file his reply by no later than July 26, 2013. SO ORDERED. Signed by Judge Emmet G. Sullivan on May 28, 2013. (lcegs4) (Entered: 05/28/2013)
2013-05-29		Stipulation due by 6/6/13; Motion for attorneys' fees due by 6/6/2013; Responses due by 7/5/2013 ; Replies due by 7/26/2013. (clv, ) (Entered: 05/29/2013)
2013-06-06	24	STATUS REPORT Joint by ROBERT DARNBROUGH. (Attachments: # 1 Text of Proposed Order)(Ragland, Thomas) (Entered: 06/06/2013)
2013-06-07		MINUTE ORDER granting 24 the parties' joint request for a brief extension of time to file a stipulation of settlement. The parties shall file a stipulation of settlement with the Court by no later than June 16, 2013. Signed by Judge Emmet G. Sullivan on June 7, 2013. (lcegs4) (Entered: 06/07/2013)
2013-06-10		Set/Reset Deadlines: stipulation of settlement due by 6/16/2013. (clv, ) (Entered: 06/10/2013)
2013-06-12	25	STIPULATION (Stipulation, Settlement Agreement and Release) by UNITED STATES DEPARTMENT OF STATE. (Whitaker, Claire) (Entered: 06/12/2013)
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