Case Detail

FOIA Project Annotation: The court ruled that the State Department conducted an adequate search for records concerning immigration attorney John Assadi and his law firm and properly withheld records under Exemption 3 (other statutes) and Exemption 5 (privileges). Assadi requested the agency search the National Visa Center, the Fraud Prevention Unit, and U.S. embassies and consular offices in Turkey, Abu Dhabi, and France. He explained that his belief that such records existed was based on a 2010 unclassified memo from the U.S. Embassy in Turkey and subsequent anomalous treatment of visa applicants he represented. The agency ultimately conducted three searches. The agency withheld a number of records, primarily under Exemption 3. Assadi argued that the agency's failure to search its Office of Legal Adviser and Office of Legal Affairs in the Office of Visa Services suggested the search was inadequate. But the court pointed out that "it was reasonable for DOS to interpret Assadi's request as seeking records pertaining to the February 2010 memorandum and the processing of visa applications involving Assadi and his firm. DOS later asked for clarification from Assadi about the request's scope, and when Assadi said that his request included litigation files in cases brought by Assadi & Milstein LLP, DOS undertook supplemental searches of its legal offices." State withheld records under §1202((f) of the Immigration and Nationality Act, which provides confidentiality for records pertaining to the issuance or refusal of visas. Assadi did not contest that §1202(f) qualified as an Exemption 3 statute, but argued that it only applied to past and present visa applications, not future applications. However, based on a State Department affidavit, the court agreed that the withheld records pertained to visa applications already in existence.
Issues: Adequacy - Search, Exemption 3, Exemption 5

Date Filed	Doc #	Docket Text
2012-02-14	1	COMPLAINT against United States Department of State. (Filing Fee $ 350.00, Receipt Number 465401029608)Document filed by John Assadi, Esq.(lmb) (Entered: 02/16/2012)
2012-02-14		SUMMONS ISSUED as to United States Department of State, U.S. Attorney and U.S. Attorney General. (lmb) (Entered: 02/16/2012)
2012-02-14		Magistrate Judge Ronald L. Ellis is so designated. (lmb) (Entered: 02/16/2012)
2012-02-14		Case Designated ECF. (lmb) (Entered: 02/16/2012)
2012-02-22	2	CERTIFICATE OF SERVICE of Summons and Complaint. United States Department of State served on 2/22/2012, answer due 3/14/2012. Service was made by MAIL. Document filed by John Assadi, Esq. (Milstein, Rakhel) (Entered: 02/22/2012)
2012-02-27	3	ORDER FOR CONFERENCE PURSUANT TO RULE 16(b): This action is scheduled for a conference in accordance with Fed. R. Civ. P. 16(b) on Friday, May 11th, 2012 at 12:00 p.m. in courtroom 21C. The parties must be prepared to discuss, at the conference, the subjects set forth in subdivisions (b) and (c) of Rule 16.( Initial Conference set for 5/11/2012 at 12:00 PM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Louis L. Stanton.) (Signed by Judge Louis L. Stanton on 2/24/2012) (jmi) (Entered: 02/27/2012)
2012-03-06	4	NOTICE OF APPEARANCE by Patricia L. Buchanan on behalf of United States Department of State (Buchanan, Patricia) (Entered: 03/06/2012)
2012-03-26	5	ANSWER to Complaint. Document filed by United States Department of State.(Buchanan, Patricia) (Entered: 03/26/2012)
2012-05-11		Minute Entry for proceedings held before Judge Louis L. Stanton: Initial Conference held and concluded on 5/11/2012. (Court Reporter None) (jmi) (Entered: 05/14/2012)
2012-08-17		Minute Entry for proceedings held before Judge Louis L. Stanton: Status Conference held and concluded on 8/17/2012. (Court Reporter None) (jmi) (Entered: 08/17/2012)
2012-09-14		Minute Entry for proceedings held before Judge Louis L. Stanton: Status Conference held and concluded on 9/14/2012. (jmi) (Entered: 09/14/2012)
2013-10-01	6	STANDING ORDER M10-468: Stay of Certain Civil Cases Pending the Restoration of Department of Justice Funding. (Signed by Judge Loretta A. Preska on 10/1/2013) ***Original Standing Order docketed in case no. 1:13-mc-00334-LAP, document no. 2 on 10/1/2013.***(tro) (Entered: 10/01/2013)
2013-11-15		Minute Entry for proceedings held before Judge Louis L. Stanton: Status Conference held on 11/15/2013. (sc) (Entered: 12/04/2013)
2013-12-11	7	LETTER MOTION to Adjourn Conference on 12/13/2013 addressed to Judge Louis L. Stanton from Rakhel Speyer Milstein, Esq. dated 12/11/2013. Document filed by John Assadi, Esq.(Milstein, Rakhel) (Entered: 12/11/2013)
2014-02-24	8	LETTER addressed to Judge Louis L. Stanton from AUSA Patricia L. Buchanan dated February 24, 2014 re: Partial Summary Judgment Add'l searches. Document filed by United States Department of State. (Attachments: # 1 Exhibit FOIA Requests)(Buchanan, Patricia) (Entered: 02/24/2014)
2014-02-24	9	LETTER addressed to Judge Louis L. Stanton from AUSA Patricia L. Buchanan dated February 24, 2014 re: Refiled Letter partial summary judgment with Corrected Exhibit 1. Document filed by United States Department of State. (Attachments: # 1 Exhibit FOIA Request)(Buchanan, Patricia) (Entered: 02/24/2014)
2014-02-26	10	LETTER addressed to Judge Louis L. Stanton from Rakhel Speyer Milstein, Esq. dated 02/26/2014 re: Defendant letter dated 02/24/2014. Document filed by John Assadi, Esq.(Milstein, Rakhel) (Entered: 02/26/2014)
2014-03-06	11	MOTION for Partial Summary Judgment. Document filed by United States Department of State. Responses due by 4/7/2014(Buchanan, Patricia) (Entered: 03/06/2014)
2014-03-06	12	MEMORANDUM OF LAW in Support re: 11 MOTION for Partial Summary Judgment.. Document filed by United States Department of State. (Buchanan, Patricia) (Entered: 03/06/2014)
2014-03-06	13	DECLARATION of Sheryl L. Walter in Support re: 11 MOTION for Partial Summary Judgment.. Document filed by United States Department of State. (Attachments: # 1 Exhibit 1 (Vaughn), # 2 Exhibit 1.1, # 3 Exhibit 1.2, # 4 Exhibit 1.3, # 5 Exhibit 1.4, # 6 Exhibit 1.5, # 7 Exhibit 1.6, # 8 Exhibit 1.7, # 9 Exhibit 1.8, # 10 Exhibit 1.9, # 11 Exhibit 1.10, # 12 Exhibit 1.11, # 13 Exhibit 1.12, # 14 Exhibit 1.13, # 15 Exhibit 1.14, # 16 Exhibit 1.15, # 17 Exhibit 1.16, # 18 Exhibit 1.17, # 19 Exhibit 1.18, # 20 Exhibit 1.19, # 21 Exhibit 1.35, # 22 Exhibit 1.40, # 23 Exhibit 1.52, # 24 Exhibit 2, # 25 Exhibit 3, # 26 Exhibit 4, # 27 Exhibit 5, # 28 Exhibit 6, # 29 Exhibit 7, # 30 Exhibit 8, # 31 Exhibit 9, # 32 Exhibit 10, # 33 Exhibit 11, # 34 Exhibit 12, # 35 Exhibit 13, # 36 Exhibit 14, # 37 Exhibit 15, # 38 Exhibit 16)(Buchanan, Patricia) (Entered: 03/06/2014)
2014-04-07	14	MEMORANDUM OF LAW in Opposition re: 11 MOTION for Partial Summary Judgment.. Document filed by John Assadi, Esq. (Attachments: # 1 Exhibit Exhibit A)(Milstein, Rakhel) (Entered: 04/07/2014)
2014-04-15	15	LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Louis L. Stanton from AUSA Patricia L. Buchanan dated April 15, 2014. Document filed by United States Department of State.(Buchanan, Patricia) (Entered: 04/15/2014)
2014-04-16	16	ORDER granting 15 Letter Motion for Extension of Time to File Response/Reply re 15 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Louis L. Stanton from AUSA Patricia L. Buchanan dated April 15, 2014. SO ORDERED. Responses due by 5/7/2014. (Signed by Judge Louis L. Stanton on 4/16/2014) (ama) (Entered: 04/16/2014)
2014-05-07	17	REPLY MEMORANDUM OF LAW in Support re: 11 MOTION for Partial Summary Judgment. . Document filed by United States Department of State. (Attachments: # 1 Exhibit A - Gorsky Declaration)(Buchanan, Patricia) (Entered: 05/07/2014)
2014-09-22	18	OPINION & ORDER #104753 re: 11 MOTION for Partial Summary Judgment filed by United States Department of State. DOS has shown that its search was adequate, that the withheld documents fall within applicable FOIA exemptions, and that it has provided all information that can be reasonably segregated from the exempt information, and the motion for partial summary judgment (Dkt. No. 11) is granted. SO ORDERED. (Signed by Judge Louis L. Stanton on 9/19/2014) (ama) Modified on 9/22/2014 (ca). (Entered: 09/22/2014)
2014-09-22		Transmission to Judgments and Orders Clerk. Transmitted re: 18 Memorandum & Opinion,, to the Judgments and Orders Clerk. (ama) (Entered: 09/22/2014)
2014-11-03	19	NOTICE of Substitution of Attorney. Old Attorney: Patricia L. Buchanan, New Attorney: Jacob M. Bergman, Address: United States Attorney's Office - SDNY, 86 Chambers Street, Third Floor, New York, New York, 10007, (212) 637-2776. Document filed by United States Department of State. (Bergman, Jacob) (Entered: 11/03/2014)
2015-07-01	20	NOTICE OF APPEARANCE by Jacob Max Bergman on behalf of United States Department of State. (Bergman, Jacob) (Entered: 07/01/2015)
2015-10-06	21	JOINT LETTER addressed to Judge Louis L. Stanton from Rakhel Speyer Milstein, Esq. dated 10/06/2015 re: Status Update. Document filed by John Assadi, Esq.(Milstein, Rakhel) (Entered: 10/06/2015)
2015-11-05	22	ORDER. It having been reported to the court that this action is settled, it is ORDERED, that this action is dismissed with prejudice but without costs; provided, however, that within thirty days of the date of this order either party may apply by letter for restoration of the action to the court's calendar. (Signed by Judge Louis L. Stanton on 11/5/2015) (rjm) (Entered: 11/05/2015)
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