Case Detail

FOIA Project Annotation: A federal court in Utah has ruled that the FBI conducted an adequate search for a memorandum issued by former FBI Director Louis Freeh that allegedly went to all FBI employees to advice them that Freeh had been in contact with the Comptroller General regarding several FBI investigations, that Freeh was drawing "a bright line in the sand" and that anyone obstructing an investigation would be fired. Dennis Williams, who claimed to be a former FBI agent, indicated specifically that the memo was issued in 1993. After searching for the memo, the agency did not find any Freeh memo from 1993, but found one quite similar in tone issued in 1994 and sent the memo to Williams in response to his request. Williams rejected the possibility that the 1994 memo could be the one he thought was issued in 1993 and eventually filed suit. Williams challenged the search by arguing the agency should have conducted a manual search of Freeh's personnel file, the personnel file of then-assistant director Thomas Pickard, the FBI's Office of Congressional Affairs, and records prepared of Freeh's December, 21, 1993 meeting with the Comptroller General. The court rejected all Williams' claims. The court noted that "Director Freeh's [personnel] file would not contain a copy of each document the Director authored. It is even less clear why it would be reasonable to expect that Thomas Pickard's personnel file would contain a memorandum authored by Director Freeh and distributed to all employees." The court observed that "in any case, the FBI's search need only be reasonable, not exhaustive. . .It is reasonable to expect that a memorandum authored by the Director of the FBI and distributed to all FBI employees would be located in the search the FBI already conducted. That the search was reasonable is reinforced by the fact that it uncovered another memorandum from approximately the same time, authored by Director Freeh, including similar language to the language allegedly in the Freeh Memorandum and distributed to all FBI offices." Rejecting Williams' claims of the existence of various files and drives the agency used to hide records, the court pointed out that "it is not clear why the FBI would be attempting to hide a document which was allegedly sent to all FBI employees and which merely stated that the obstruction of investigations merits termination." Williams suggested that a March 1994 story in the Los Angeles Times about Freeh's instructions to employees showed that the memo must have been written in 1993. But the court, approving the FBI's decision to limit the search to 1993, noted that "it was reasonable to limit its search in this way because Williams assured the FBI that a document would be responsive only if it was distributed in 1993. It is not 'strange' at all that a memorandum allegedly sent in March of 1994 was not located by the FBI's search. Even if it had been located, the document would not have been responsive to Williams' request." Williams attacked the agency's affidavit, claiming it was not based on personal knowledge. But the court observed that "often, hearsay is permitted in an agency affidavit where the statements are made by agency personnel under the supervision of the declarant and concern the searches those employees conducted." Nevertheless, the court agreed that a statement made by Freeh's former speechwriter in response to a query by the FBI Historian was hearsay and should be ignored.
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2013-01-23	1	Case has been indexed and assigned to Judge David Nuffer. Plaintiff Dennis O. Williams is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 350.00 by the end of the business day. NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (rls) (Entered: 01/23/2013)
2013-01-23	2	COMPLAINT against Federal Bureau of Investigation (Filing fee $ 350, receipt number 4681055110), filed by Dennis O. Williams. (Attachments: # 1 Exhibit FOIA Request, # 2 Exhibit 11/5/2012 Correspondence, # 3 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge David Nuffer (Trentadue, Jesse) (Entered: 01/23/2013)
2013-01-24	3	**RESTRICTED DOCUMENT** Summons Issued Electronically as to Federal Bureau of Investigation. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (rls) (Entered: 01/24/2013)
2013-01-24	4	**RESTRICTED DOCUMENT** Summons Issued Electronically as to Federal Bureau of Investigation. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (rls) (Entered: 01/24/2013)
2013-01-24	5	ORDER FOR SCHEDULE. Signed by Judge David Nuffer on 1/24/13 (alt) (Entered: 01/24/2013)
2013-02-01	6	**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Dennis O. Williams as to Federal Bureau of Investigation served on 1/29/2013, answer due 2/28/2013. (Trentadue, Jesse) (Entered: 02/01/2013)
2013-02-01	7	**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Dennis O. Williams (Trentadue, Jesse) (Entered: 02/01/2013)
2013-04-23	8	ANSWER to Complaint filed by Federal Bureau of Investigation.(Mangum, John) (Entered: 04/23/2013)
2013-04-29	9	NOTICE FROM THE COURT re: Initial Scheduling The court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (alt) (Entered: 04/29/2013)
2013-04-29	10	NOTICE OF ADR, e-mailed or mailed to Defendant Federal Bureau of Investigation, Plaintiff Dennis O. Williams (alt) (Entered: 04/29/2013)
2013-05-16	11	Stipulated MOTION to Vacate 5 Order re: Scheduling Order filed by Plaintiff Dennis O. Williams. (Attachments: # 1 Text of Proposed Order Proposed Order)(Trentadue, Jesse) (Entered: 05/16/2013)
2013-05-20	12	ORDER granting 11 Motion to Vacate 5 Order for Schedule. Dft is to file a Motion for Summary judgment on or before 7/31/13. Signed by Magistrate Judge Evelyn J. Furse on 5/20/13 (alt) (Entered: 05/20/2013)
2013-07-30	13	Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendant Federal Bureau of Investigation. (Attachments: # 1 Affidavit David Hardy Search Declaration, # 2 Exhibit Exhs to Hardy Decl)(Mangum, John) (Entered: 07/30/2013)
2013-08-26	14	MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment filed by Plaintiff Dennis O. Williams. (Attachments: # 1 Text of Proposed Order)(Trentadue, Jesse) (Entered: 08/26/2013)
2013-08-26	15	ORDER granting 14 Motion for Extension of Time to File Response/Reply re 14 MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment Responses due by 9/25/2013. Signed by Judge David Nuffer on 8/26/13. (jmr) (Entered: 08/26/2013)
2013-09-25	16	Plaintiff's MEMORANDUM in Opposition re 13 MOTION for Summary Judgment filed by Plaintiff Dennis O. Williams. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Trentadue, Jesse) (Entered: 09/25/2013)
2013-09-25	17	Plaintiff's MOTION for Discovery to have the FBI Conduct Additional Searches filed by Plaintiff Dennis O. Williams. (Trentadue, Jesse) (Entered: 09/25/2013)
2013-09-25	18	EXHIBITS filed by Dennis O. Williams re 17 Plaintiff's MOTION for Discovery to have the FBI Conduct Additional Searches . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Trentadue, Jesse) (Entered: 09/25/2013)
2013-10-01	19	MOTION for Extension of Time to File Response/Reply as to 16 Memorandum in Opposition to Motion, 17 Plaintiff's MOTION for Discovery to have the FBI Conduct Additional Searches and Memorandum in Support filed by Defendant Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order na)(Mangum, John) (Entered: 10/01/2013)
2013-10-03	20	ORDER granting 19 Motion for Extension of Time to File Response/Reply: re 13 MOTION for Summary Judgment, Reply due by 11/19/2013; re 17 Plaintiff's MOTION for Discovery to have the FBI Conduct Additional Searches , Response due by 11/19/2013. Signed by Judge David Nuffer on 10/3/13 (alt) (Entered: 10/03/2013)
2013-11-13	21	Defendant's MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment, 17 Plaintiff's MOTION for Discovery to have the FBI Conduct Additional Searches and Memorandum in Support filed by Defendant Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order na)(Mangum, John) (Entered: 11/13/2013)
2013-11-18	22	ORDER granting 21 Motion for Extension of Time to File Response/Reply: Response due by 11/30/2013 re 17 MOTION for Discovery to have the FBI Conduct Additional Searches ; Reply memo due by 11/30/2013 re 13 MOTION for Summary Judgment. Signed by Judge David Nuffer on 11/17/13 (alt) (Entered: 11/18/2013)
2013-11-27	23	AFFIDAVIT/DECLARATION of David M. Hardy in Opposition re 17 Plaintiff's MOTION for Discovery to have the FBI Conduct Additional Searches filed by Defendant Federal Bureau of Investigation. (Mangum, John) (Entered: 11/27/2013)
2013-11-27	24	AFFIDAVIT/DECLARATION of David M. Hardy in Support re 13 MOTION for Summary Judgment filed by Defendant Federal Bureau of Investigation. (Mangum, John) (Entered: 11/27/2013)
2013-11-27	25	Defendant's MEMORANDUM in Opposition re 17 Plaintiff's MOTION for Discovery to have the FBI Conduct Additional Searches filed by Defendant Federal Bureau of Investigation. (Mangum, John) (Entered: 11/27/2013)
2013-11-27	26	REPLY to Response to Motion re 13 MOTION for Summary Judgment filed by Defendant Federal Bureau of Investigation. (Mangum, John) (Entered: 11/27/2013)
2013-12-11	27	MOTION for Extension of Time to File Response/Reply as to 17 Plaintiff's MOTION for Discovery to have the FBI Conduct Additional Searches and Memorandum in Support filed by Plaintiff Dennis O. Williams. (Attachments: # 1 Text of Proposed Order)(Trentadue, Jesse) (Entered: 12/11/2013)
2013-12-11	28	DOCKET TEXT ORDER granting 27 Motion for Extension of Time to File Response/Reply re 27 MOTION for Extension of Time to File Response/Reply as to 17 Plaintiff's MOTION for Discovery to have the FBI Conduct Additional Searches and Memorandum in Support Replies due by 12/30/2013. Signed by Judge David Nuffer on 12/11/13. No attached document. (mh) (Entered: 12/11/2013)
2013-12-30	29	AFFIDAVIT/DECLARATION of Dennis O. Williams in Support re 17 Plaintiff's MOTION for Discovery to have the FBI Conduct Additional Searches filed by Plaintiff Dennis O. Williams. (Trentadue, Jesse) (Entered: 12/30/2013)
2013-12-30	30	REPLY to Response to Motion re 17 Plaintiff's MOTION for Discovery to have the FBI Conduct Additional Searches filed by Plaintiff Dennis O. Williams. (Attachments: # 1 Exhibit LA Times Article, # 2 Exhibit Order from Case 2:08-CV-788)(Trentadue, Jesse) (Entered: 12/30/2013)
2014-01-14	31	REQUEST to Submit for Decision re 13 MOTION for Summary Judgment, 17 Plaintiff's MOTION for Discovery to have the FBI Conduct Additional Searches filed by Plaintiff Dennis O. Williams. (Trentadue, Jesse) (Entered: 01/14/2014)
2014-03-31	32	MEMORANDUM DECISION AND ORDER granting 13 Motion for Summary Judgment; denying 17 Motion for Discovery. Signed by Judge David Nuffer on 3/31/14 (alt) (Entered: 03/31/2014)
2014-03-31	33	CLERK'S JUDGMENT entered in favor of the defendant; all of plaintiff's causes of action are dismissed - CASE CLOSED. Signed by ALT, Deputy Clerk (alt) (Entered: 03/31/2014)
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