Case Detail

FOIA Project Annotation: A federal court in Florida has ruled that the Navy conducted an adequate search for records of the investigation of a 40-year-old crash of a Navy jet in Alameda, California and that portions of the report were properly withheld under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). Free-lance journalist Theodore Karantsalis requested the report twice and the Navy told him both times that it was unable to locate an investigative report prepared by a Judge Advocate. However, the agency did find an aviation mishap report. Upholding the adequacy of the agency's search, the court noted that "the documents Plaintiff sought were, at the time, almost forty years old and had been relocated at least once each. Defendant successfully located the aviation mishap report and, under the circumstances, Defendant's efforts to locate the missing JAG report were reasonable." The Navy withheld witness statements and opinions under Exemption 5. The court explained that "these are covered by the Machin privilege [recognized by the Supreme Court in United States v. Weber Aircraft Corp., 465 U.S. 792 (1984)] and thus need not be disclosed pursuant to Exemption 5." The court also affirmed withholding third party personal information under Exemption 6.
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2012-09-24	1	COMPLAINT for Injunctive Relief against Department of The Navy. Filing fee $ 350.00, filed by Theodore D. Karantsalis. (Attachments: # 1 Civil Cover Sheet)(tpl) (Entered: 09/24/2012)
2012-09-24	2	Judge Assignment to Senior Judge James Lawrence King (tpl) (Entered: 09/24/2012)
2012-09-24	3	Summons Issued as to Attorney General of the United States, and U.S. Attorney (tpl) (Entered: 09/24/2012)
2012-09-24	4	Clerks Notice of Receipt of Filing Fee received on 9/24/2012 in the amount of $ 350.00, receipt number FLs100045893 (cqs) (Entered: 09/24/2012)
2012-10-25	5	ANSWER to Complaint by Department of the Navy.(Fernandez, Carole) (Entered: 10/25/2012)
2012-10-29	6	SCHEDULING ORDER: Final Pretrial Conference set for 6/14/2013 11:15 AM in Miami Division before Senior Judge James Lawrence King. Bench Trial set for 8/5/2013 09:00 AM in Miami Division before Senior Judge James Lawrence King. Calendar Call set for 8/1/2013 02:00 PM in Miami Division before Senior Judge James Lawrence King. All hearings will be held in Courtroom II, Eleventh Floor. Discovery due by 4/10/2013. Motions due by 4/15/2013. Pretrial Stipulation due by 6/7/2013. Signed by Senior Judge James Lawrence King on 10/29/2012. (jw) (Entered: 10/29/2012)
2013-03-27	7	MOTION for Summary Judgment by Department of the Navy. Responses due by 4/15/2013 (Attachments: # 1 Affidavit of Robin Patterson, # 2 Exhibit s to declaration of Robin Patterson)(Fernandez, Carole) (Entered: 03/27/2013)
2013-04-12	8	CROSS MOTION for Summary Judgment by Theodore D. Karantsalis. Responses due by 4/29/2013 (ral) (Entered: 04/12/2013)
2013-04-12	9	MOTION to Compel Vaughn Index by Theodore D. Karantsalis. Responses due by 4/29/2013 (ral) (Entered: 04/12/2013)
2013-04-22	10	RESPONSE in Opposition re 8 MOTION for Summary Judgment filed by Department of the Navy. (Fernandez, Carole) (Entered: 04/22/2013)
2013-04-22	11	RESPONSE in Opposition re 9 MOTION to Compel Vaughn Index filed by Department of the Navy. (Fernandez, Carole) (Entered: 04/22/2013)
2013-04-24	12	ORDER Granting 7 Defendant's Motion for Summary Judgment Signed by Senior Judge James Lawrence King on 4/24/2013. (jw) (Entered: 04/24/2013)
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