Case Detail

FOIA Project Annotation: Judge Rosemary Collyer has ruled that various components of the Justice Department properly withheld records about a confidential source in North Carolina under Exemption 7(C) (invasion of privacy concerning law enforcement records). Benjamin Cunningham requested the information about the informant because he wanted to sue him for damages caused when law enforcement officials searched his residence in New York. Approving of the use of 7(C) by the Marshals Service and EOUSA, Collyer noted that "the Marshals Service confirms that a confidential source directed investigators, who were looking for Mr. Cunningham's fugitive brother, to Mr. Cunningham's residence. The Marshals Service adds that this individual cooperated 'under circumstances where a promise of confidentiality may be inferred.' Further, both the Marshals Service and EOUSA aver that any existing records were 'compiled for law enforcement purposesâ€"namely, to facilitate the investigation and criminal prosecution of [Mr. Cunningham's] brother." Collyer pointed out that "Mr. Cunningham readily admits that he seeks information concerning the confidential informant for personal reasons. . .[However], Mr. Cunningham's personal interest in records concerning the confidential information is not a cognizable public interest for purposes of the FOIA Exemption 7(C) analysis, and does not overcome the privacy interests of the individual who cooperated with law enforcement." She added that "the Court recognizes that Mr. Cunningham claims to have been victimized by the confidential informant. His relationship to the confidential informant, however, is immaterial to the question of whether the Court should sanction an invasion of privacy."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2013-07-22	1	COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 400, receipt number 4616058162) filed by BENJAMIN CUNNINGHAM. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 07/23/2013)
2013-07-22		SUMMONS (2) Issued as to U.S. Attorney and U.S. Attorney General (rdj) (Entered: 07/23/2013)
2013-07-22	2	NOTICE OF RELATED CASE by BENJAMIN CUNNINGHAM. Case related to Case No. 12cv1935 ; 13cv960 ; 13cv188. (rdj) (Entered: 07/23/2013)
2013-07-22	3	MOTION to Take Judicial Notice by BENJAMIN CUNNINGHAM (rdj) (Entered: 07/23/2013)
2013-07-22	4	MOTION to Take Judicial by BENJAMIN CUNNINGHAM (rdj) (Entered: 07/23/2013)
2013-07-22	5	MOTION to Take Judicial Notice by BENJAMIN CUNNINGHAM (rdj) (Entered: 07/23/2013)
2013-07-26	6	MOTION to Compel by BENJAMIN CUNNINGHAM (rdj) (Entered: 07/29/2013)
2013-07-26	7	MOTION to Take Judicial Notice by BENJAMIN CUNNINGHAM (rdj) (Entered: 07/29/2013)
2013-07-31	8	NOTICE of Appearance by Nina Bafundo Crimm on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Crimm, Nina) (Entered: 07/31/2013)
2013-07-31	9	MOTION for Vaughn Index by BENJAMIN CUNNINGHAM (rdj) (Entered: 08/01/2013)
2013-07-31	10	MOTION for Permission To File USMS Police Officers' Private Information As Federal Evidence Into This Court Docket System by BENJAMIN CUNNINGHAM (rdj) (Entered: 08/01/2013)
2013-07-31	11	MOTION to Take Judicial Notice by BENJAMIN CUNNINGHAM (rdj) (Entered: 08/01/2013)
2013-08-05	12	RESPONSE re 4 MOTION to Take Judicial Notice, 3 MOTION to Take Judicial Notice, 6 MOTION to Compel, 5 MOTION to Take Judicial Notice, 7 MOTION to Take Judicial Notice, 10 MOTION Permission To File USMS Police Officers' Private Information As Federal Evidence Into This Court Docket System, 11 MOTION to Take Judicial Notice, 9 MOTION for Vaughn Index filed by UNITED STATES DEPARTMENT OF JUSTICE. (Crimm, Nina) (Entered: 08/05/2013)
2013-08-12	13	REPLY re 4 MOTION to Take Judicial Notice, 3 MOTION to Take Judicial Notice, 6 MOTION to Compel, 5 MOTION to Take Judicial Notice, 7 MOTION to Take Judicial Notice, 10 MOTION Permission To File USMS Police Officers' Private Information As Federal Evidence Into This Court Docket System, 11 MOTION to Take Judicial Notice, 9 MOTION for Vaughn Index filed by BENJAMIN CUNNINGHAM. (jf, ) (Entered: 08/13/2013)
2013-08-12	14	MOTION to Take Judicial Notice by BENJAMIN CUNNINGHAM (jf, ) (Entered: 08/13/2013)
2013-09-03	15	MOTION for Order by BENJAMIN CUNNINGHAM (rdj) (Entered: 09/03/2013)
2013-09-09	16	NOTICE OF SUBSTITUTION OF COUNSEL by Peter Rolf Maier on behalf of UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Nina Crimm (Maier, Peter) (Entered: 09/09/2013)
2013-09-09	17	MOTION for Extension of Time to File Answer by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Maier, Peter) (Entered: 09/09/2013)
2013-09-09		MINUTE ORDER granting Defendant's 17 Motion for Extension of Time to Answer. The Court finds good cause for granting Defendant's Motion. Defendant shall respond to Plaintiff's 1 Complaint no later than October 9, 2013. No further extensions will be granted. Signed by Judge Rosemary M. Collyer on September 9, 2013. (lcrmc3) (Entered: 09/09/2013)
2013-10-04	18	MOTION to Stay Deadline for Responding to the Complaint in Light of Lapse of Appropriations (Opposed) by UNITED STATES DEPARTMENT OF JUSTICE (Lyons, Jane) (Entered: 10/04/2013)
2013-10-07		MINUTE ORDER granting Defendant's 18 Motion to Stay. In light of the lapse in appropriations, this case is stayed (including all deadlines) indefinitely. Once the government shutdown ends, the parties shall file a joint proposed schedule for all deadlines within seven days. Signed by Judge Rosemary M. Collyer on October 7, 2013. (lcrmc3) (Entered: 10/07/2013)
2013-10-07		Case Stayed. (cdw) (Entered: 10/08/2013)
2013-10-24	19	MOTION for Summary Judgment by BENJAMIN CUNNINGHAM "Let this be filed. MSJ", by Judge Rosemary M. Collyer(rdj) (Entered: 10/28/2013)
2013-10-25		MINUTE ORDER VACATING stay in this matter in light of resumption of government appropriations. Defendant shall file its proposed briefing schedule no later than October 30, 2013. Signed by Judge Rosemary M. Collyer on October 25, 2013. (lcrmc3) (Entered: 10/25/2013)
2013-10-25		Set/Reset Deadlines/Hearings: Defendant's proposed briefing schedule due by 10/30/2013. (cdw) (Entered: 10/25/2013)
2013-10-28	20	Proposed MOTION for Briefing Schedule by UNITED STATES DEPARTMENT OF JUSTICE (Maier, Peter) (Entered: 10/28/2013)
2013-10-29		MINUTE ORDER granting in part and denying in part Defendant's 20 Motion for Briefing Schedule. In light of Plaintiff's pro se status, the briefing schedule shall be as follows: Defendant's Opposition to Plaintiff's 19 Motion for Summary Judgment and Defendant's Motion for Summary Judgment shall be filed no later than November 13, 2013; Plaintiff's Reply in support of his Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment shall be due no later than December 2, 2013; and Defendant's Reply to Plaintiff's Opposition shall be due no later than December 19, 2013. Signed by Judge Rosemary M. Collyer on October 29, 2013. (lcrmc3) Modified on 10/30/2013 (rdj). (Entered: 10/29/2013)
2013-11-13	21	Cross MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order, # 2 Statement of Facts, # 3 Memorandum in Support, # 4 Exhibit Exhibit A To Memorandum, # 5 Exhibit Exhibit B To Memorandum, # 6 Exhibit Exhibit C To Memorandum, # 7 Exhibit Exhibit D To Memorandum, # 8 Exhibit Exhibit E To Memorandum)(Maier, Peter) (Entered: 11/13/2013)
2013-11-13	22	Memorandum in opposition to re 19 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Maier, Peter) (Entered: 11/13/2013)
2013-11-14	23	ORDER advising Plaintiff Benjamin Cunningham as to his obligations regarding 21 MOTION FOR SUMMARY JUDGMENT filed by Defendant Department of Justice. Plaintiff's response to Defendant's summary judgment motion, if any, is due no later than December 2, 2013. Signed by Judge Rosemary M. Collyer on November 14, 2013. (lcrmc3) (Entered: 11/14/2013)
2013-11-14		Set/Reset Deadlines/Hearings: Plaintiff's response to Dispositive Motions due by 12/2/2013. (cdw) (Entered: 11/15/2013)
2013-11-25	24	RESPONSE re 21 Cross MOTION for Summary Judgment filed by BENJAMIN CUNNINGHAM. (rdj) (Entered: 11/26/2013)
2013-12-02	25	REPLY re 19 MOTION for Summary Judgment filed by BENJAMIN CUNNINGHAM. (rdj) (Entered: 12/04/2013)
2013-12-02	26	RESPONSE re 21 Cross MOTION for Summary Judgment filed by BENJAMIN CUNNINGHAM. (See Docket Entry 25 to view document)(rdj) (Entered: 12/04/2013)
2013-12-05	27	REPLY to opposition to motion re 21 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Maier, Peter) (Entered: 12/05/2013)
2013-12-30	28	SUPPLEMENTAL RESPONSE to re 21 Cross MOTION for Summary Judgment filed by BENJAMIN CUNNINGHAM. (rdj) (Entered: 01/03/2014)
2014-03-05	29	MOTION for Injunction by BENJAMIN CUNNINGHAM "Let this be filed. Motion for Injunction" by Judge Rosemary M. Collyer(rdj) (Entered: 03/06/2014)
2014-03-10	30	Memorandum in opposition to re 29 MOTION Injunction filed by UNITED STATES DEPARTMENT OF JUSTICE. (Maier, Peter) Modified on 3/11/2014 (rdj). (Entered: 03/10/2014)
2014-03-19	31	REPLY to opposition to motion re 29 MOTION Injunction filed by BENJAMIN CUNNINGHAM. (zrdj) (Entered: 03/20/2014)
2014-03-19	32	MOTION for Sanctions by BENJAMIN CUNNINGHAM (rdj) (Entered: 03/20/2014)
2014-03-21	33	RESPONSE re 32 MOTION for Sanctions filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit)(Maier, Peter) (Entered: 03/21/2014)
2014-03-27	34	REPLY to opposition to motion re 32 MOTION for Sanctions filed by BENJAMIN CUNNINGHAM. (rdj) (Entered: 03/28/2014)
2014-04-16	35	MEMORANDUM AND OPINION. Signed by Judge Rosemary M. Collyer on April 16, 2014. (lcrmc3) (Entered: 04/16/2014)
2014-04-16	36	ORDER GRANTING Defendant's 21 Motion for Summary Judgment and DENYING Plaintiff's 19 Motion for Summary Judgment. Further, the Court DENIES AS MOOT Plaintiff's 3 , 4 , 5 , 7 , 11 , 14 Motions to Take Judicial Notice; 6 Motion to Compel; 9 Motion for Vaughn Index; 10 Motion for Permission to File Third Party's Private Information; 15 Motion for Decisions on Pending Motions; 29 Motion for Injunction; and 32 Motion for Sanctions. Judgment is entered in favor of Defendant. This is a final appealable Order and this case is CLOSED. Signed by Judge Rosemary M. Collyer on April 16, 2014. (lcrmc3) (Entered: 04/16/2014)
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