Case Detail

FOIA Project Annotation: Judge Gladys Kessler has resolved the remaining issues in a 16-year-old case brought by George Canning against the FBI concerning the kidnapping of Lewis Dupont Smith. The FBI initially processed Canning's two FOIA requests, providing some records and withholding other in full or in part under several exemptions. After the Obama administration took office, Canning requested Kessler to order the agency to re-review the records, which it did using more generous disclosure policies. The parties also agreed to allow the FBI to review a sampling of over 5,000 pages of responsive records and describe them in its Vaughn index. Canning did not challenge the adequacy of the agency's search, but did question the breadth of its Exemption 3 (other statutes), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption 7(D) (confidential sources), arguing primarily that the agency had publicly disclosed the identities of various individuals involved in the investigation. The agency withheld information under Title III and Rule 6(e) on grand jury secrecy. Kessler found that Title III protected records providing authorization for wiretaps as well as the communications themselves. But she agreed that the Justice Department had disclosed a 1992 letter in response to a FOIA request identifying Donald Moore and Edgar Smith as targets of wiretaps during the investigation. As a result, she noted the agency could not withhold their identities because they were in the public domain. Canning argued the government had not shown information presented the grand jury was still secret. But Kessler pointed out that "Mr. Canning, however, has it backward. To prevail on a public domain argument, the plaintiff, not the government, bears the burden of production to point to specific information in the public domain that appears to duplicate that being withheld." Kessler also agreed with Canning that the agency had publicly identified several other individuals involved in the investigation, waiving the agency's ability to withhold identifying information under Exemption 7(C). Kessler also rejected the agency's claims under Exemption 7(D). She noted that "although an implied grant of confidentiality may at times be inferred from the nature of a criminal investigation, the FBI has, in this case, done nothing more than assert that the Court should infer confidentiality just because the underlying case concerned a kidnapping conspiracy." Kessler rejected Canning's request that the agency provide a supplemental Vaughn index. She observed that "Mr. Canning overlooks the function of the sample Vaughn Index. A sample Index does not purport to contain every document the government chooses to withhold. Rather, as the FBI has underscored, the purpose is to allow the Court to extrapolate its conclusions from the representative sample to the larger group of withheld materials. The Vaughn Index in this case adequately fulfills that purpose."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 7(D) - Assurance of confidentiality - Implicit

Date Filed	Doc #	Docket Text
2001-10-26	1	COMPLAINT filed by plaintiff GEORGE CANNING; jury demand (td) (Entered: 11/01/2001)
2001-10-26		SUMMONS (3) issued to federal party(s) federal defendant DOJ , and non-parties: U.S. Attorney and U.S. Attorney General. (td) (Entered: 11/01/2001)
2001-10-26	2	NOTIFICATION OF RELATED CASE: Case related to Case No(s): 01-796 GK and 01-1647 GK (td) (Entered: 11/01/2001)
2001-12-12	3	RETURN OF SERVICE/AFFIDAVIT of summons and complaint unexecuted as to federal defendant DOJ, and non-parties US Attorney, US Attorney General (cdw) (Entered: 12/14/2001)
2002-05-09	4	MOTION filed by plaintiff GEORGE CANNING for summary judgment ; declarations (1), exhibits (2) (cdw) (Entered: 05/10/2002)
2002-05-21	5	MOTION (UNOPPOSED) filed by federal defendant DOJ to extend time to 6/21/02 to respond to plaintiff's motion for summary judgment (cdw) (Entered: 05/22/2002)
2002-05-24	6	ORDER by Judge Gladys Kessler : granting motion to extend time to 6/21/02 to respond to plaintiff's motion for summary judgment [5-1] by DOJ response to motion for summary judgment due 6/21/02; (N) (tth) (Entered: 05/24/2002)
2002-05-31	7	ATTORNEY APPEARANCE for federal defendant DOJ by Claire M. Whitaker (mpt) (Entered: 06/04/2002)
2002-06-21	13	MOTION filed by federal defendant DOJ to extend time to 6/21/02 (cdw) (Entered: 08/14/2002)
2002-06-26	8	ORDER by Judge Gladys Kessler: granting defendant's unopposed motion to extend time to file a response to plaintiff's motion for summary judgment; response to motion for summary judgment due 6/27/02 (N) (tth) (Entered: 06/26/2002)
2002-06-27	10	JOINT STATUS REPORT by plaintiff GEORGE CANNING, federal defendant DOJ (cdw) (Entered: 07/01/2002)
2002-07-01	9	ORDER by Judge Gladys Kessler : denying motion for summary judgment [4-1] by GEORGE CANNING defendant's motion for summary judgment due 8/19/02; response to motion for summary judgment due 9/19/02 reply motion for summary judgment due 10/10/02; (N) (tth) (Entered: 07/01/2002)
2002-08-09	11	MOTION filed by federal defendant DOJ to extend time to 8/23/02 to propose a revised briefing schedule in lieu of the jointly proposed schedule in order 7/1/02 (mpt) (Entered: 08/12/2002)
2002-08-12	12	ORDER by Judge Gladys Kessler : granting motion to extend time to 8/23/02 to propose a new scheduling order to the Court [11-1] and Motion for a Stay on behalf of the Federal Bureau of Investigation, pursuant to Open America v. Watergate Special Prosecution Force by DOJ (N) (tth) (Entered: 08/12/2002)
2002-08-23	15	STATUS REPORT by federal defendant DOJ (td) (Entered: 08/28/2002)
2002-08-28	14	ORDER by Judge Gladys Kessler: motion for summary judgment due 9/9/02, with oppositions and replies filed in accordance with the rules of Court ; parties stipulation with regard to the FBI is approved; the Initial Scheduling Conference set for 8/30/02 is cancelled; setting forth additional instructions to counsel. (N) (tth) (Entered: 08/28/2002)
2002-08-29	16	ORDER by Judge Gladys Kessler: motion(s) for summary judgment due 9/9/02, with oppositions and replies filed in accordance with the rules of Court; setting forth additional instructions to counsel. (N) (tth) (Entered: 08/29/2002)
2002-08-29	17	STIPULATION filed and fiated by Judge Gladys Kessler to set time for selection sample, preparation of Vaughn Index and Motion for Summary Judgment. (N) (tth) (Entered: 08/29/2002)
2002-09-09	18	MOTION filed by federal defendant DOJ (criminal division) for summary judgment ; exhibits (6) (cdw) (Entered: 09/11/2002)
2002-09-09	19	MOTION (UNOPPOSED) filed by federal defendant DOJ to extend time to 9/30/02 to file a dispositive motion on behalf of the EOUSA (cdw) (Entered: 09/11/2002)
2002-09-11	20	ORDER by Judge Gladys Kessler : granting motion to extend time to 9/30/02 to file a dispositive motion on behalf of the EOUSA [19-1] by DOJ dispositive motions due by 9/30/02 ; (N) (tth) (Entered: 09/11/2002)
2002-09-26	21	NOTICE by plaintiff GEORGE CANNING of non-opposition to defendant's motion for summary judgment concerning FOIA request to the DOJ Criminal Division (cdw) (Entered: 10/01/2002)
2002-09-30	23	MOTION filed by federal defendant DOJ to extend time to 10/7/02 to file a dispositive motion on behalf of EOUSA (cdw) (Entered: 10/02/2002)
2002-10-01	22	ORDER by Judge Gladys Kessler: granting defendant's motion to file a dispositive motion on behalf of the Executive Office for the United States Attorneys, with any opposition and reply filed in accordance with the rules of this Court; dispositive motions due 10/7/02 ; (N) (tth) (Entered: 10/02/2002)
2002-10-07	25	MOTION filed by federal defendant DOJ for summary judgment on behals of EOUSA ; exhibits (20) (cdw) (Entered: 10/09/2002)
2002-10-08	24	ORDER by Judge Gladys Kessler : granting unopposed motion for summary judgment [18-1] by DOJ. Judgment is entered on behalf of the defendant with respect to any claims in this Freedom of Information Act litigation relating to records withheld by the Criminal Division of the Department of Justice. (N) (tth) (Entered: 10/08/2002)
2002-10-22	26	UNOPPOSED MOTION filed by plaintiff GEORGE CANNING to extend time to 10/28/02 to file opposition to defendant's motion for summary judgment on behalf of EOUSA (cdw) Modified on 10/24/2002 (Entered: 10/24/2002)
2002-10-23	27	ORDER by Judge Gladys Kessler : granting motion to extend time to 10/28/02 to file opposition to defendant's motion for summary judgment on behalf of EOUSA [26-1] by GEORGE CANNING response to motion for summary judgment due 10/28/02 ; (N) (tth) (Entered: 10/24/2002)
2002-10-29	28	MEMORANDUM by plaintiff GEORGE CANNING in opposition to motion for summary judgment on behalf of EOUSA [25-1] by; declarations (1), exhibits; BULKY PLEADING (cdw) (Entered: 10/31/2002)
2002-11-01	29	UNOPPOSED MOTION filed by federal defendant DOJ to extend time to 11/22/02 to file a reply to its motion for summary judgment on behalf of EOUSA (cdw) (Entered: 11/05/2002)
2002-11-05	30	ORDER by Judge Gladys Kessler : granting motion to extend time to 11/22/02 to file a reply to its motion for summary judgment on behalf of EOUSA [29-1] by DOJ reply to dispositive motions due by 11/22/02; (N) (tth) (Entered: 11/05/2002)
2002-11-22	31	REPLY by federal defendant DOJ to response in opposition to motion for summary judgment on behalf of EOUSA [25-1] by DOJ; attachments (1) (cdw) (Entered: 11/26/2002)
2003-10-01	32	ORDER by Judge Gladys Kessler : that defendant shall file the withheld documents at issue to the Court, ex parte and under seal, for in camera review no later than Wednesday, October 8, 2003. (N) (dot) (Entered: 10/01/2003)
2004-02-04	33	NOTICE of Change of Telephone Number by GEORGE CANNING (rje, ) (Entered: 02/05/2004)
2004-03-09	34	MEMORANDUM AND OPINION granting in part and denying in part Defendant EOUSA's Motion for Summary Judgment. Signed by Judge Gladys Kessler on 3/9/04. (lcgk1, ) (Entered: 03/09/2004)
2004-03-09	35	ORDER granting in part and denying in part Defendant EOUSA's Motion for Summary Judgment 25 . Signed by Judge Gladys Kessler on 3/9/04. (lcgk1, ) (Entered: 03/09/2004)
2004-03-23	36	NOTICE by U.S. DEPARTMENT OF JUSTICE of Filing Document for In Camera Review (Whitaker, Claire) (Entered: 03/23/2004)
2004-03-23	37	MOTION for Leave to File Declaration in Camera by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/23/2004)
2004-03-23	38	MOTION to Alter and Amend Judgment filed Pursuant to Fed.R.Civ.P. 59(e) by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A-Memorandum Opinion & Order in Billington v. DOJ, C.A. 92-0462# 2 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/23/2004)
2004-03-25	39	RESPONSE to Order 35 to show cause by GEORGE CANNING. (rje, ) (Entered: 04/02/2004)
2004-04-12	40	MOTION for Extension of Time to File Response/Reply as to 37 MOTION for Leave to File Declaration in Camera , 38 MOTION to Alter Judgment filed Pursuant to Fed.R.Civ.P. 59(e) by GEORGE CANNING. (Attachments: # 1 Text of Proposed Order)(rje, ) (Entered: 04/13/2004)
2004-04-15		MINUTE ENTRY -- ORDER granting 40 Plaintiff's Unopposed Motion for Extension of Time to File his Opposition to Defendant's March 23, 2004 motions; the opposition shall be filed by April 13, 2004 . Signed by Judge Gladys Kessler on 4/15/04. (CS, ) (Entered: 04/15/2004)
2004-04-15	41	MOTION for partial disclosure of defendant's in camera filing re 37 MOTION for Leave to File Declaration in Camera , MOTION to Stay proceedings concerning defendant's pendings motion 38 to alter or amend by GEORGE CANNING. (Attachments: # 1 Text of Proposed Order # 2 Exhibit Third Declaration of George Canning)(rje, ) (Entered: 04/16/2004)
2004-04-26	42	Unopposed MOTION for Extension of Time to File Response/Reply as to 41 MOTION for partial disclosure of defendant's in camera filing re 37 MOTION for Leave to File Declaration in Camera MOTION to Stay re 37 MOTION for Leave to File Declaration in Camera MOTION to Stay re 37 MOTION for Leave to File Declaration in Camera by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 04/26/2004)
2004-04-27		MINUTE ENTRY -- ORDER granting 42 Defendant's Unopposed Motion for Extension of Time to File Respond to Plaintiff's Motion for Partial Disclosure of Defendant's In Camera Filing and for Consequent Stay of Proceedings Pending Plaintiff's Response; Defendant shall have up to and including May 4, 2004 in which to file its response . Signed by Judge Gladys Kessler on 4/27/04. (CS, ) (Entered: 04/27/2004)
2004-05-04	43	Memorandum in opposition to motion re 41 Plaintiff's Motion for Partial Disclosure of Defendant's In Camera filing and for Consequent Stay of Proceedings filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 05/04/2004)
2004-05-17	44	MOTION for Extension of Time to File Response/Reply to defendant's Opposition to his motion for partial disclosure and consequent stay by GEORGE CANNING. (Attachments: # 1 Text of Proposed Order)(rje, ) (Entered: 05/20/2004)
2004-05-21		MINUTE ENTRY -- ORDER granting 44 the Consent Motion for Extension of Time to File Plaintiff's response to Defendant's Opposition Memorandum; Plaintiff has up to and including May 21, 2004 in which to file his response . Signed by Judge Gladys Kessler on 5/21/04. (CS, ) (Entered: 05/21/2004)
2004-05-24	45	REPLY to opposition to motion re 41 for partial disclosure of defendant's in camera filing and for consequent stay filed by GEORGE CANNING. (Attachments: # 1 Exhibit A)(rje, ) (Entered: 05/27/2004)
2004-05-24	46	Memorandum in opposition to motion re 38 for reconsideration; (See Document No. 45 for the image of the pleading) filed by GEORGE CANNING. (rje, ) (Entered: 05/27/2004)
2004-07-27	47	NOTICE of Change of Address by GEORGE CANNING (rje, ) (Entered: 07/28/2004)
2004-11-15		MINUTE ORDER granting 37 Defendant's Unopposed Motion for Leave to File Declaration in camera; the declaration of the author of the document referred to as Document 11, is accepted for filing in camera . Signed by Judge Gladys Kessler on 11/15/04. (CS, ) (Entered: 11/15/2004)
2005-01-03	48	Consent MOTION for Extension of Time to File Vaughn Index, dispositive motion, opposition and reply by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 01/03/2005)
2005-01-03	49	SUPPLEMENTAL MEMORANDUM in support of his motion for partial disclosure of defendant's in camera filing and for consequent stay of the proceedings pending plaintiff's response from George Canning. (Attachments: # 1 Exhibit A)(rje, ) (Entered: 01/04/2005)
2005-01-05		MINUTE ORDER granting 48 Defendant's Consent Motion to Extend the due dates relating to the FBI's portion of this Freedom of Information Act; the extended dates are as follows: Defendant shall file a Vaughn Index and motion for summary jjdgment on behalf of the FBI on January 12, 2005; Plaintiff shall file an opposition to Defendant's motion for summary judgment on February 14, 2005 and Defendant shall file a reply to Plaintiff's Oppositoin on February 28, 2005. Signed by Judge Gladys Kessler on 1/5/05. (CS, ) (Entered: 01/05/2005)
2005-01-11	50	Second MOTION for Extension of Time to file Vaughn Index and Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 01/11/2005)
2005-01-12		MINUTE ORDER granting 50 Defendant's Consent Motion for Extension of Time to Extend the due dates relating to the FBI's portion of this case; Defendant shall file a Vaughn Index and Motion for Summary Judgment on behalf of the FBI on January 21, 2005; Plaintiff shall file an opposition to Defendant's Motion for Summary Judgment on February 22, 2005; and Defendant shall file a Reply to Plaintiff's Opposition on March 7, 2005 . Signed by Judge Gladys Kessler on 1/12/05. (CS, ) (Entered: 01/12/2005)
2005-01-12		Set/Reset Deadlines: Dispositive Motions due by 1/21/2005. Response to Dispositive Motions due by 2/22/2005. Reply to Dispositive Motions due by 3/7/2005. (tth, ) (Entered: 01/25/2005)
2005-01-21	51	Consent MOTION for Extension of Time to File Dispositive Motion by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 01/21/2005)
2005-01-25		MINUTE ORDER granting 51 Defendant's Consent Motion for Extension the due dates relating to the FBI's portion of this case; Defendant shall file a Vaughn index and Motion for Summary Judgment on or before January 28, 2005; Plaintiff shall file an opposition on or before March 1, 2005; Defendant shall file a reply to any opposition on or before March 14, 2005 . Signed by Judge Gladys Kessler on 1/24/05. (CS, ) (Entered: 01/25/2005)
2005-01-28	52	MOTION for Summary Judgment relating to Federal Bureau of Investigation records by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of John Boseker - EOUSA# 2 Declaration of Kathy Hsu - Criminal Division# 3 Declaration of Keith Gehle - FBI# 4 Exhibits A-GG# 5 Exhibit II - FBI records# 6 FBI records contd.# 7 Text of Proposed Order)(Whitaker, Claire) Modified on 2/24/2009 REOPENED PURSUANT TO COURT ORDER 2/23/2009 (tr). (Entered: 01/28/2005)
2005-02-09	53	On April 15, 2004, Plaintiff Filed a Motion for Partial Disclosure of Defendant's in camera filing and for Consequent Stay of the Proceedings Pending Plaintiff's Response; the accompanying Memorandum of Points and authorities also contained Plaintiff's Oppositoin to Defendant's Motions for Leave to Submit Declaration in camer and to Alter and Amend; because of the confusion that results when parties file motions and oppositions in the same document, it is hereby ORDERED that no opposition to a Motion shall include a new motion; it is furher ORDERED that every Motion must be filed separately and individually . Signed by Judge Gladys Kessler on 2/9/05. (CS, ) (Entered: 02/09/2005)
2005-02-09	54	ORDER granting 38 Defendant's Motion to Stay; the Court's March 9, 2004 ORDER is stayed pending resolution of Defendant's Motion to Alter or Amend Judgment . Signed by Judge Gladys Kessler on 2/9/05. (CS, ) (Entered: 02/09/2005)
2005-02-10	55	ORDERED that Defendant shall, by February 24, 2005, file a statement accompanying its Declaration that provides a specific explanation of why each discrete portion must be provided solely ex parte and in camera . Signed by Judge Gladys Kessler on 2/10/05. (CS, ) (Entered: 02/10/2005)
2005-02-23	56	Civil Statement in FOIA matter from defendant per order of 2/10/05. (Attachments: # 1 Exhibit Redacted Version of Declaration lodged under seal)(Whitaker, Claire) (Entered: 02/23/2005)
2005-03-01	57	ORDER denying as moot 41 Plaintiff's Motion for Partial Disclosure of Defendant's in camera filing and granting 41 Plaintiff's Motion to Stay Proceedings; it is further ORDERED that Plaintiff shall, by March 10, 2005, respond to Defendant's submission . Signed by Judge Gladys Kessler on 3/1/05. (CS, ) (Entered: 03/01/2005)
2005-03-01	58	MOTION for Extension of Time to File Response/Reply as to 52 MOTION for Summary Judgment relating to Federal Bureau of Investigation records by GEORGE CANNING. (Attachments: # 1 Text of Proposed Order)(rje, ) (Entered: 03/02/2005)
2005-03-02		MINUTE ORDER granting 58 Plaintiff's Unopposed Motion for Extension of Time to File Response to Defendant's Motion for Summary Judgment; Plaintiff shall have up to and including March 8, 2005 in which to file his response; Defendant may file its reply on or before March 22, 2005 . Signed by Judge Gladys Kessler on 3/2/05. (CS, ) (Entered: 03/02/2005)
2005-03-08	59	MOTION for Leave to File a unified memorandum regarding summary judgment, MOTION for Extension of Time to rewrite his memorandum by GEORGE CANNING. (Attachments: # 1 Text of Proposed Order)(rje, ) (Entered: 03/09/2005)
2005-03-08	60	MOTION to Stay the case pending the court's ruling on his motion to file a unified memorandum by GEORGE CANNING. (Attachments: # 1 Text of Proposed Order)(rje, ) (Entered: 03/09/2005)
2005-03-09	61	MOTION for Extension of Time to File Response/Reply as to 52 MOTION for Summary Judgment relating to Federal Bureau of Investigation records by GEORGE CANNING. (Attachments: # 1 Text of Proposed Order)(rje, ) (Entered: 03/10/2005)
2005-03-10		MINUTE ORDER granting 61 Plaintiff's Consent Motion for Extension of Time to File Response to Defendant's Motion for Summary Judgment; Plaintiff may file his response by March 15, 2005 . Signed by Judge Gladys Kessler on 3/10/05. (CS, ) (Entered: 03/10/2005)
2005-03-11	62	RESPONSE to to statement regarding 37 in camera submission filed by GEORGE CANNING. (Attachments: # 1 Exhibit Fifth Declaration of George Canning)(rje, ) (Entered: 03/16/2005)
2005-03-11	63	ERRATA of original pages inadvertently lefted out of the response to defendant's statement regarding in camera submission dated 3/11/05 by GEORGE CANNING. (rje, ) (Entered: 03/16/2005)
2005-03-17	64	MOTION to Stay the case pending the court's ruling on motion to file a unified memorandum by GEORGE CANNING. (Attachments: # 1 Text of Proposed Order)(rje, ) (Entered: 03/22/2005)
2005-03-22		MINUTE ORDER denying as moot 60 Plaintiff's Motion to Stay, which was filed on March 8, 2005 and granting 64 Plaintiff's Motion of March 15, 2005 to Stay the Case Pending the Court's Ruling on His Motion to File a Unified Memorandum. Signed by Judge Gladys Kessler on 3/22/05. (CS, ) (Entered: 03/22/2005)
2005-05-18		MINUTE ORDER granting 59 Plaintiff's Unopposed Motion to File a Unified Memorandum Regarding Summary Judgment, or in the Alternative, for an Enlargement of Time to Rewrite His Memorandum; Plaintiff may address his opposition to Defendant's Motion for Summary Judgment, his own Cross-Motion for Partial Summary Judgment, and his Motion for Supplemental Vaughn indices in a single memorandum and that Plaintiff shall serve and file this memorandum within seven (7) days of his receipt of this Order. Signed by Judge Gladys Kessler on 5/18/05. (CS, ) (Entered: 05/18/2005)
2005-05-26	65	ORDER granting EOUSA's 37 Motion for Leave to File Declaration in camera, granting in part and denying in part EOUSA's 38 Motion to Alter or Amend; Document 11 is withheld in its entirety and Document 20 shall be released as set forth in the Court's March 9, 2004 Memorandum Opinion . Signed by Judge Gladys Kessler on 5/26/05. (CS, ) (Entered: 05/27/2005)
2005-05-26	66	MEMORANDUM OPINION on EOUSA's Motion for Leave to File Declaration in camera and EOUSA's Motion to Alter or Amend. Signed by Judge Gladys Kessler on 5/26/05. (CS, ) (Entered: 05/27/2005)
2005-05-27	67	CROSS-MOTION for Partial Summary Judgment by GEORGE CANNING. (Attachments: # 1 Text of Proposed Order)(rje, ) Modified on 2/24/2009 (tr) REOPENED PURSUANT TO COURTS ORDER 2/23/2009. (Entered: 06/02/2005)
2005-05-27	68	MOTION for Supplemental Vaughn Index by GEORGE CANNING. (Attachments: # 1 Text of Proposed Order)(rje, ) (Entered: 06/02/2005)
2005-05-27	69	Memorandum in opposition to motion re 52 motion for summary judgment filed by GEORGE CANNING. (Attachments: # 1 Exhibit Fourth Declaration of George Canning# 2 Exhibit Certificate of Service)(rje, ) (Entered: 06/02/2005)
2005-05-27	70	REPLY in support of cross-motion 67 for partial summary judgment, motion 68 for supplemental vaughn index; (SEE DOCUMENTS NOS. 67 AND 68 FOR THE IMAGE OF THE PLEADING) filed by GEORGE CANNING. (rje, ) (Entered: 06/02/2005)
2005-06-10	71	Consent MOTION for Extension of Time to File Response/Reply to plaintiff's cross motion for summary judgment, motion for supplemental Vaughn index and memorandum in opposition to defendant's motion for summary judgment on behalf of the FBI by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 06/10/2005)
2005-06-13		MINUTE ORDER granting 71 the Consent Motion for Extension of Time; Defendants shall have up to and including July 22, 2005 in which to file its response to Plaintiff's recent filings . Signed by Judge Gladys Kessler on 6/13/05. (CS, ) (Entered: 06/13/2005)
2005-06-13		Set/Reset Deadlines: Responses due by 7/22/2005 (CS, ) (Entered: 06/13/2005)
2005-06-22	72	Consent MOTION for Extension of Time to Release "Document 20" by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 06/22/2005)
2005-06-23		MINUTE ORDER granting 72 Defendant's Consent Motion for Extension of Time; Defendant shall have up to and including August 9, 2005 in which to release documents found in Document 20 to Plaintiff. Signed by Judge Gladys Kessler on 6/23/05. (CS, ) (Entered: 06/24/2005)
2005-07-22	73	Second MOTION for Extension of Time to respond to plaintiff's cross motion for partial summary judgment, motion for supplemental Vaughn Index, and opposition to defendant's motion for summary judgment with regard to the FBI by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/22/2005)
2005-07-22	74	NOTICE OF APPEAL as to 66 Memorandum & Opinion, 65 Order, by U.S. DEPARTMENT OF JUSTICE. (No fee paid U.S. Govt) (rje, ) (Entered: 07/25/2005)
2005-07-25		Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 74 Notice of Appeal (rje, ) (Entered: 07/25/2005)
2005-07-25		MINUTE ORDER granting 73 Defendant's Motion for Extension of Time; Defendant shall have up to and including August 8, 2005 in which to respond to Plaintiff's cross-motion for partial summary judgment, motoin for supplemental Vaughn Index, and opposition to Defendant's motion for summary judgment with regard to the FBI records . Signed by Judge Gladys Kessler on 7/25/05. (CS, ) (Entered: 07/25/2005)
2005-08-02		USCA Case Number 05-5287 for 74 Notice of Appeal filed by U.S. DEPARTMENT OF JUSTICE,. (rje, ) (Entered: 08/03/2005)
2005-08-04	75	Unopposed MOTION to Stay Pending Appeal by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 08/04/2005)
2005-08-05		MINUTE ORDER granting 75 Defendant's Unopposed Motion to Stay the release of Document 20 pending appeal; Defendant shall have up to and including 15 days after the final resolution of its appeal of this matter to comply with this Court's Order of March 9, 2004, with respect to the release of Document 20 . Signed by Judge Gladys Kessler on 8/5/05. (CS, ) (Entered: 08/05/2005)
2005-08-05	76	MOTION to Amend/Correct for Clarification of Order of Release, dated 3/9/04 regarding EOUSA's Document 20 by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 08/05/2005)
2005-08-08	77	Unopposed MOTION for Extension of Time to file defendant's opposition to plaintiff's cross motion for summary judgment, defendant's opposition to plaintiff's motion for supplemental Vaughn index, and defendant's reply tp plaintiff's opposition to defendant's motion for summary judgment in connection with the FBI records by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 08/08/2005)
2005-08-09		MINUTE ORDER granting 77 Defendant's Motion for Extension of Time; Defendant shall have up to and including September 15, 2005 in which to respond to Plaintiff's cross-motion for partial summary judgment, motion for supplemental Vaughn Index, and opposition to Defendant's motion for summary judgment with regard to the FBI records . Signed by Judge Gladys Kessler on 8/9/05. (CS, ) (Entered: 08/09/2005)
2005-08-09		Set/Reset Deadlines: Responses due by 9/15/2005 (CS, ) (Entered: 08/09/2005)
2005-08-29		MINUTE ORDER granting 76 Defendant's Motion for Clarification of this Court's Order to Release EOUSA's Document 20; the Court has re-reviewed its instructions on p. 4 of Docket Entry 34 with regard to Document 20 and has determined that third party names and identifying information are protected by Freedom of Information Act Exemption 7(c) and should not be released . Signed by Judge Gladys Kessler on 8/29/05. (CS, ) (Entered: 08/29/2005)
2005-08-31	78	NOTICE of Appearance by Kathleen M. Konopka on behalf of U.S. DEPARTMENT OF JUSTICE (Konopka, Kathleen) (Entered: 08/31/2005)
2005-09-15	79	Memorandum in opposition to motion re 67 Defendant's Opposition to Plaintiff's Motions for Partial Summary Judgment and Supplemental Vaughn Indices and Defendant's Reply in Support of Defendant's Motion for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Affidavit Declaration of Nancy Steward# 2 Exhibit A# 3 Exhibit B)(Konopka, Kathleen) (Entered: 09/15/2005)
2005-09-15	80	REPLY to opposition to motion re 52 Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Please see Document No. 79 for scanned images). (znmw, ) (Entered: 09/16/2005)
2005-09-29	81	REPLY to opposition to motion re 67 for partial summary judgment, motion 68 for supplemental vaughn index filed by U.S. DEPARTMENT OF JUSTICE. (rje, ) (Entered: 09/30/2005)
2005-10-20	82	ORDER of USCA (certified copy) as to 74 Notice of Appeal filed by U.S. DEPARTMENT OF JUSTICE; It is hereby ordered that the motion to dismiss and for remand be granted and that the appeal be dismissed and the case remanded for further proceedings before the District COurt; USCA#05-5287 (jsc) (Entered: 11/10/2005)
2005-12-07	83	ORDER: The parties shall submit, by December 20, 2005, a Joint Praecipe informing the Court whether they believe any action is necessary in response to the Court of Appeals' October 20, 2005 Order . Signed by Judge Gladys Kessler on 12/7/05. (CS, ) (Entered: 12/07/2005)
2005-12-15	84	STATUS REPORT Parties Joint Praecipe by U.S. DEPARTMENT OF JUSTICE. (Konopka, Kathleen) (Entered: 12/15/2005)
2006-12-04	85	NOTICE of Appearance by Judith A. Kidwell on behalf of U.S. DEPARTMENT OF JUSTICE (Kidwell, Judith) (Entered: 12/04/2006)
2007-09-24	86	NOTICE of Subtitution of Counsel by Blanche L. Bruce on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Judith A. Kidwell (Bruce, Blanche) (Entered: 09/24/2007)
2009-02-20	87	MOTION to Amend/Correct Docket by GEORGE CANNING (tr) (Entered: 02/23/2009)
2009-02-23		MINUTE ORDER granting 87 Plaintiff's Unopposed Motion to Correct the Docket to reflect that the parties' cross-motions for summary judgment remain pending. Signed by Judge Gladys Kessler on 2/23/09. (CL, ) (Entered: 02/23/2009)
2009-03-20	88	MOTION for an Order Directing the FBI to Re-Review its FIOA Releases for Discretionary Release of Information by GEORGE CANNING (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(tr) (Entered: 03/23/2009)
2009-03-20	89	MOTION to Stay the Case Pending Completion of the FBI's Re-Review of its FIOA Releases for Discretionary Release of Information by GEORGE CANNING (tr) (Entered: 03/23/2009)
2009-03-25	90	SUPPLEMENTAL MEMORANDUM to re 88 MOTION for Order filed by GEORGE CANNING. (tr) (Entered: 03/27/2009)
2009-04-02	91	Consent MOTION for Extension of Time to File Response/Reply as to 88 MOTION for Order, 89 MOTION to Stay by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 04/02/2009)
2009-04-17		MINUTE ORDER granting 91 Defendant's Consent Motion for Extension of Time; Defendant shall up to and including May 11, 2009, in which to file its response to Plaintiff's Motions for an Order Directing the FBI to Re-Review Its FOIA Releases for Discretionary Release of Information and for a Stay During the Pendancy of the Re-Review. Signed by Judge Gladys Kessler on 4/17/09. (CL, ) (Entered: 04/17/2009)
2009-04-17		Set/Reset Deadlines: Responses due by 5/11/2009 (CL, ) (Entered: 04/17/2009)
2009-05-11	92	Consent MOTION for Extension of Time to Respond to Plaintiff's Motions for an Order Directing the FBI to Re-Review its FOIA Releases for Discretionary Release of Information, and for a Stay During the Pendency of the Re-Review (see Docket ## 88, 89, 90) by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 05/11/2009)
2009-05-11	93	MOTION to Stay During the Pendency of the Re-Review by U.S. DEPARTMENT OF JUSTICE (tr)(See Docket Entry 92 to view document) (Entered: 05/12/2009)
2009-05-12		MINUTE ORDER granting 92 Defendant's Motion for Extension of Time; Defendant shall have up to and including June 11, 2009, in which to respond to Plaintiff's Motions for an Order Directing the FBI to Re-Review Its FOIA Releases for Discretionary Release of Information, and for a Stay During the Pendency of the Re-Review. Signed by Judge Gladys Kessler on 5/12/09. (CL, ) (Entered: 05/12/2009)
2009-05-12		Set/Reset Deadlines: Responses due by 6/11/2009 (CL, ) (Entered: 05/12/2009)
2009-05-19		MINUTE ORDER granting 89 Plaintiff's Motion to Stay the Case Pending Completion of the FBI's Re-Review of Its FOIA Releases for Discretionary Release of Information. Signed by Judge Gladys Kessler on 5/19/09. (CL, ) (Entered: 05/19/2009)
2009-05-19		Set/Reset Deadlines: Motion for Attorneys' Fees due by 6/3/2009. (CL, ) (Entered: 05/19/2009)
2009-12-14	94	STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Bruce, Blanche) (Entered: 12/14/2009)
2009-12-15	95	ORDER: If Plaintiff has any objection to the Government's conclusion regarding its re-review of Plaintiff's FOIA request under the new AG-FOIA Guidelines, he shall file an appropriate Motion within 30 days of this Order. Signed by Judge Gladys Kessler on 12/15/09. (CL, ) (Entered: 12/15/2009)
2010-01-07	96	RESPONSE re 94 Status Report filed by GEORGE CANNING. (Attachments: # 1 FOIA release attachment)(dr) (Entered: 01/08/2010)
2010-10-01	97	NOTICE OF SUBSTITUTION OF COUNSEL by Rudolph Contreras on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Blanche Bruce (Contreras, Rudolph) (Entered: 10/01/2010)
2010-10-13	98	Letter from George Canning. "Leave to File Granted," Signed by Judge Gladys Kessler on 10/13/10. (dr) (Entered: 10/13/2010)
2010-10-29	99	NOTICE OF SUBSTITUTION OF COUNSEL by Rhonda Lisa Campbell on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Rudolph Contreras (Campbell, Rhonda) (Entered: 10/29/2010)
2014-05-05	100	MOTION for Court to issue its ruling on the parties' cross-motions for summary judgment regarding the FBI's FOIA Releases by GEORGE CANNING (td, ) (Entered: 05/07/2014)
2014-05-15	101	ORDER that by June 1, 2014, the parties shall file a Joint Statement listing, by docket number, all filings the Court should consider in deciding their Cross-Motions for Summary Judgment; the parties' Joint Statement shall also indicate the state of Plaintiff's MOtion for an Order Directing the FBI to Re-Review its FOIA Releases for Discretionary Release of Information. Signed by Judge Gladys Kessler on 5/15/14. (CL, ) (Entered: 05/15/2014)
2014-05-16		Set/Reset Deadlines: Joint Statement due by 6/1/2014. (tth) (Entered: 05/16/2014)
2014-06-02	102	STATUS REPORT Joint Status Report by U.S. DEPARTMENT OF JUSTICE. (Campbell, Rhonda) (Entered: 06/02/2014)
2016-10-03		MINUTE ORDER: A Status Conference is set in this case, and in case number 11-1295, for October 31, 2016, at 10:45 a.m. Signed by Judge Gladys Kessler on 10/3/16. (CL) Modified on 10/3/2016 to correct incorrect case number (CL). (Entered: 10/03/2016)
2016-10-03		Set/Reset Hearings: Status Conference set for 10/31/2016 at 10:45 AM in Courtroom 26A before Judge Gladys Kessler. (CL) (Entered: 10/03/2016)
2016-10-17	103	Unopposed MOTION to Continue Status Hearing by U.S. DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 10/17/2016)
2016-10-17		MINUTE ORDER granting 103 Defendant's Unopposed Motion to Continue Status Conference; the Status Conference that was set for October 31, 2016, is hereby rescheduled for November 15, 2016, at 11:00 a.m. Signed by Judge Gladys Kessler on 10/17/16. (CL) (Entered: 10/17/2016)
2016-10-17		Set/Reset Hearings: Status Conference set for 11/15/2016 at 11:00 AM in Courtroom 26A before Judge Gladys Kessler. (CL) (Entered: 10/17/2016)
2016-10-20	104	NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. DEPARTMENT OF JUSTICE. Attorney Claire M. Whitaker terminated. (Whitaker, Claire) (Entered: 10/20/2016)
2016-11-15		Minute Entry for proceedings held before Judge Gladys Kessler: Status Conference held on 11/15/2016. (Court Reporter: Lisa Moreira) (tth) (Entered: 11/15/2016)
2017-07-13	105	ORDER granting in part and denying in part 52 Defendant's Motion for Summary Judgment; granting in part and denying in part 67 Plaintiff's Cross-Motion for Summary Judgment (see Memorandum Opinion for details). Signed by Judge Gladys Kessler on 7/13/17. (CL) (Entered: 07/13/2017)
2017-07-13	106	MEMORANDUM OPINION to the Motion and Cross-Motion for Summary Judgment. Signed by Judge Gladys Kessler on 7/13/17. (CL) (Entered: 07/13/2017)
2017-07-28	107	MOTION to Amend/Correct 106 Memorandum & Opinion by GEORGE CANNING (td) (Entered: 08/01/2017)
2018-03-26		Case randomly reassigned to Judge Amy Berman Jackson. Judge Gladys Kessler has retired and is no longer assigned to the case. (ztnr) (Entered: 03/26/2018)
2018-03-26		MINUTE ORDER. Defendant is ORDERED to inform the Court by March 28, 2018 whether it is still withholding any documents pursuant to Exemption 7(D) on the basis that they contain "information furnished by" a confidential informant. If so, defendant must show cause why information furnished by an individual whose identity was found to be not confidential, and therefore, not subject to withholding, in the court's 106 Memorandum Opinion should not be disclosed to plaintiff at this time. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/26/2018. (lcabj2) (Entered: 03/26/2018)
2018-03-28	108	NOTICE to the Court by U.S. DEPARTMENT OF JUSTICE re Order,,, Set Deadlines,, (Campbell, Rhonda) (Entered: 03/28/2018)
2018-03-29	109	CERTIFICATE OF SERVICE by U.S. DEPARTMENT OF JUSTICE . (Campbell, Rhonda) (Entered: 03/29/2018)
2018-03-29		MINUTE ORDER granting plaintiff's 107 Motion to Amend/Correct the Court's July 13, 2017 Memorandum Opinion. FOIA Exemption 7 covers information compiled for law enforcement purposes, but only if it falls within one of six categories set out in subparagraphs (A) through (F). Exemption 7(D) is designed to shield the identity of confidential informants, and in furtherance of that purpose, it covers not only their identities but the information they furnish if it was furnished in a criminal or national security investigation. See 5 U.S.C. § 552(b)(7)(D). But Exemption 7(D) does not cover information, even if it was provided in a criminal investigation, that was provided by anyone else. Therefore, defendant must produce any records containing information provided by individuals who the Court previously determined were not confidential informants if the material is being withheld pursuant to Exemption 7(D) and not any other exemption. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/29/2018. (lcabj2) (Entered: 03/29/2018)
2018-04-09	110	RESPONSE re 108 NOTICE to the Court by U.S. DEPARTMENT OF JUSTICE re Order filed by GEORGE CANNING. (jf) (Entered: 04/11/2018)
2018-07-03	111	WITHDRAWN PURSUANT TO 114 NOTICE FILED 10/4/2018 .....MOTION for Relief from Court's July 13, 2017 106 Memorandum Opinion by GEORGE CANNING (jf) . Modified on 10/8/2018 (jf). Modified on 10/10/2018 (znmw). (Entered: 07/09/2018)
2018-07-26		MINUTE ORDER. Plaintiff filed another motion pursuant to Federal Rule 60(b), and defendant's response was due on July 23, 2018. No response has been filed. Defendant is ORDERED to file its response by August 3, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/26/2018. (lcabj2) (Entered: 07/26/2018)
2018-07-31	112	Unopposed MOTION for Extension of Time to File Response/Reply as to 111 MOTION for Relief from Court's July 13, 2017 Memorandum Opinion by U.S. DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 07/31/2018)
2018-08-01		MINUTE ORDER granting 112 Motion for Extension of Time. Defendant must file its response to plaintiff's 111 motion by September 4, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/1/2018. (lcabj2) (Entered: 08/01/2018)
2018-09-03	113	Unopposed MOTION for Extension of Time to Respond to Plaintiff's Rule 60 Motion by U.S. DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 09/03/2018)
2018-09-04		MINUTE ORDER granting 113 Motion for Extension of Time. Defendant must file its response to plaintiff's 111 motion by October 12, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/4/2018. (lcabj2) (Entered: 09/04/2018)
2018-10-04	114	NOTICE OF WITHDRAWAL OF MOTION by GEORGE CANNING re 111 MOTION for Relief from Court's July 13, 2017 Memorandum Opinion (jf) (Entered: 10/08/2018)
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