Case Detail

FOIA Project Annotation: A federal court in Colorado has ruled that the FBI properly withheld records concerning its investigation of Homaidan Al-Turki, a citizen of Saudi Arabia who was indicted on federal charges of forced labor, under a variety of exemptions, primarily Exemption 7(A) (interference with ongoing investigation or proceeding). Al-Turki was convicted in state court in Colorado of false imprisonment and extortion and sentenced to eight years to life. The U.S. government then dismissed its indictment against Al-Turki. Al-Turki's attorney requested the FBI's records about his client. The agency disclosed 736 pages and cited a number of exemptions for records withheld or redacted. Al-Turki challenged the agency's use of the attorney-client privilege under Exemption 5 (privileges). Rejecting the claim, the court noted that "to the extent Plaintiff asserts that the attorney-client privilege is not applicable because the prosecuting attorneys do not have a client, i.e., that they represent the United States and not a law enforcement agency or their personnel, I reject this argument. Government attorneys, including prosecuting attorneys, are protected under Exemption 5." Al-Turki argued that neither Exemption 6 (invasion of privacy) nor Exemption 7(C) (invasion of privacy concerning law enforcement records) applied to various individuals identified in court documents. The court disagreed, noting that "the release of certain documentsâ€"here the unsealed affidavits and similar documents relied on by Plaintiffâ€"does not waive the government's right to raise exemptions as to other documents." In assessing the privacy rights of third parties, the court provided a slightly more nuanced analysis of the waiver argument. The court pointed out that "the fact that certain information was provided in the types of [court] documents Plaintiff cites does not mean that the government can waive the private interests of third parties in other documents." The court agreed that the FBI had properly withheld records related to similar investigations under Exemption 7(A). The court pointed out that "Defendant has shown that the records or information in all [the] categories were compiled by the FBI for law enforcement purposes. [The agency's affidavit] shows that the FBI is relying on Exemption 7(A) to not only prevent interference with ongoing investigations of Plaintiff, but to avoid disruption to other pending and related investigations and prosecutions."
Issues: Exemption 7(A) - Interference with ongoing investigation

Date Filed	Doc #	Docket Text
2014-03-18	1	COMPLAINT Homaidan Al-Turki against Department of Justice (Filing fee $ 400,Receipt Number 1082-3782796)Attorney Faisal Ahmed Salahuddin added to party Homaidan Al-Turki(pty:pla), filed by Homaidan Al-Turki. (Attachments: # 1 Summons Summons, # 2 Civil Cover Sheet Civil Cover Sheet)(Salahuddin, Faisal) (Entered: 03/18/2014)
2014-03-18	2	Case assigned to Magistrate Judge Boyd N. Boland. Text Only Entry (sphil, ) (Entered: 03/18/2014)
2014-03-18	3	SUMMONS issued by Clerk. Magistrate Judge Consent form issued pursuant to Local Rule (Attachments: # 1 Magistrate Judge Consent Form) (sphil, ) (Entered: 03/18/2014)
2014-03-19	4	Judge's MEMORANDUM (slibi, ) Modified on 3/24/2014 DOCKETED BY MISTAKE (slibi, ). (Entered: 03/19/2014)
2014-03-19	5	ORDER DRAWING CASE. This case shall be drawn to a presiding judge and, if appropriate, to a magistrate judge, by Magistrate Judge Craig B. Shaffer on 3/19/14. (smoor, ) (Entered: 03/19/2014)
2014-03-19	6	CASE REASSIGNED pursuant to 5 Order Drawing Case. This case is reassigned to Judge Wiley Y. Daniel. All future pleadings should be designated as 14-cv-00802-WYD-CBS. Text Only Entry (smoor, ) (Entered: 03/19/2014)
2014-03-20	7	ORDER REFERRING CASE to Magistrate Judge Craig B. Shaffer for non-dispositive matters. That pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge is designated to conduct proceedings in this civil action as follows: (1) Convene a scheduling conference under Fed.R.Civ.P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2. (2) Conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause. (3) Hear and determine pretrial matters, including discovery and other non-dispositive motions. (4) Alternative Dispute Resolution Authority: Court sponsored alternative dispute resolution is governed by D.C.COLOLCivR 16.6. On the recommendation or informal request of the magistrate judge, or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. (5) Conduct a pretrial conference and enter a pretrial order. It is further ORDERED that parties and counsel shall be familiar and comply with the above judge's requirements found at www.cod.uscourts.gov. Entered by Judge Wiley Y. Daniel on 3/20/14. Text Only Entry (rkeec) (Entered: 03/20/2014)
2014-03-21	8	MINUTE ORDER setting a Scheduling Conference on 6/4/2014 at 10:45 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. ORDERED that the parties shall adhere to the deadlines and instructions as set forth in Preparation for Rule 16(b) Scheduling Conference , located on the courts website under "Judicial Officers." Text Only Entry by Magistrate Judge Craig B. Shaffer on 3/21/14. (ccovi) (Entered: 03/21/2014)
2014-04-16	9	NOTICE of Entry of Appearance by Timothy Bart Jafek on behalf of Department of JusticeAttorney Timothy Bart Jafek added to party Department of Justice(pty:dft) (Jafek, Timothy) (Entered: 04/16/2014)
2014-04-30	10	SUMMONS Returned Executed upon Susan Tomasovich defendant(s) Department of Justice served on 4/11/2014, answer due 6/10/2014. (Salahuddin, Faisal) (Entered: 04/30/2014)
2014-05-12	11	ANSWER to 1 Complaint, by Department of Justice.(Jafek, Timothy) (Entered: 05/12/2014)
2014-05-28	12	Proposed Scheduling Order by Plaintiff Homaidan Al-Turki. (Salahuddin, Faisal) (Entered: 05/28/2014)
2014-06-04	13	COURTROOM MINUTES for Scheduling Conference held on 6/4/2014 before Magistrate Judge Craig B. Shaffer. ORDERED: The Scheduling Conference is continued to June 17, 2014 at 1:30 p.m. in Courtroom A402 before Magistrate Judge Craig B. Shaffer. FTR: CBS A402. (sgrim) (Entered: 06/04/2014)
2014-06-04	14	NOTICE re 12 Proposed Scheduling Order by Defendant Department of Justice (Attachments: # 1 Hardy Decl.)(Jafek, Timothy) (Entered: 06/04/2014)
2014-06-17	15	MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Scheduling Conference held on 6/17/2014. FTR: Courtroom A-402. (amont) (Entered: 06/17/2014)
2014-06-17	16	SCHEDULING ORDER: by Magistrate Judge Craig B. Shaffer on 6/17/14. (amont) (Entered: 06/17/2014)
2014-09-19	17	MOTION for Extension of Time to Produce Responsive Documents Not Subject to an Exemption and to File a Motion for Summary Judgment by Defendant Department of Justice. (Attachments: # 1 Second Hardy Decl.)(Jafek, Timothy) (Entered: 09/19/2014)
2014-09-22	18	MEMORANDUM regarding 17 MOTION for Extension of Time to Produce Responsive Documents Not Subject to an Exemption and to File a Motion for Summary Judgment filed by Department of Justice. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Wiley Y. Daniel on 9/22/14. Text Only Entry (rkeec) (Entered: 09/22/2014)
2014-09-22	19	MINUTE ORDER re: 17 MOTION for Extension of Time to Produce Responsive Documents Not Subject to an Exemption and to File a Motion for Summary Judgment. ORDERED that Plaintiff shall respond to the instant motion on or before 9/29/14. Text Only Entry by Magistrate Judge Craig B. Shaffer on 9/22/14. (cbssec) (Entered: 09/22/2014)
2014-09-29	20	SUPPLEMENT/AMENDMENT to 17 MOTION for Extension of Time to Produce Responsive Documents Not Subject to an Exemption and to File a Motion for Summary Judgment by Defendant Department of Justice. (Jafek, Timothy) (Entered: 09/29/2014)
2014-09-29	21	RESPONSE to 17 MOTION for Extension of Time to Produce Responsive Documents Not Subject to an Exemption and to File a Motion for Summary Judgment filed by Plaintiff Homaidan Al-Turki. (Salahuddin, Faisal) (Entered: 09/29/2014)
2014-10-03	22	ORDER setting hearing on 17 MOTION for Extension of Time to Produce Responsive Documents Not Subject to an Exemption and to File a Motion for Summary Judgment. ORDERED that a Telephone Motion Hearing will be held on 10/7/2014 at 1:00 PM before Magistrate Judge Craig B. Shaffer. Counsel shall first initiate a conference call among themselves before contacting the court (303.844.2117) at the scheduled time. Text Only Entry by Magistrate Judge Craig B. Shaffer on 10/3/14. (cbssec) (Entered: 10/03/2014)
2014-10-07	23	MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Telephonic Motion Hearing held on 10/7/2014. ORDERED: MOTION 17 for Extension of Time is GRANTED. The deadline to file Motion for Summary Judgment with a supporting Vaughn index is extended until November 25, 2014. The Plaintiff's response is due on or before January 25, 2015. FTR: Courtroom A-402. (amont) (Entered: 10/07/2014)
2014-11-24	24	Unopposed MOTION for Leave to File Excess Pages by Defendant Department of Justice. (Attachments: # 1 Proposed Order (PDF Only))(Jafek, Timothy) (Entered: 11/24/2014)
2014-11-24	25	MINUTE ORDER granting 24 Defendant's Unopposed Motion to Exceed Page Limitations for Motion for Summary Judgment up to 35 pages in length, in addition to movants statement of material facts, by Judge Wiley Y. Daniel on 11/24/2014.(evana, ) (Entered: 11/24/2014)
2014-11-25	26	MOTION for Summary Judgment by Defendant Department of Justice. (Attachments: # 1 Hardy Decl., # 2 Movant's material facts uninterrupted, # 3 Jafek Decl.)(Jafek, Timothy) (Entered: 11/25/2014)
2014-11-25	27	MOTION for Leave to File In Camera and Ex Parte Declaration 26 MOTION for Summary Judgment by Defendant Department of Justice. (Jafek, Timothy) (Entered: 11/25/2014)
2014-12-22	28	RESPONSE to 27 MOTION for Leave to File In Camera and Ex Parte Declaration 26 MOTION for Summary Judgment filed by Plaintiff Homaidan Al-Turki. (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)(Salahuddin, Faisal) (Modified on 12/24/2014 edited duplicate text)(evana, ). (Entered: 12/22/2014)
2015-01-06	29	Unopposed MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Leave to File In Camera and Ex Parte Declaration 26 MOTION for Summary Judgment by Defendant Department of Justice. (Attachments: # 1 Proposed Order (PDF Only))(Jafek, Timothy) (Entered: 01/06/2015)
2015-01-06	30	MINUTE ORDER Granting 29 Defendants Unopposed Motion for Extension of Time to File Reply Regarding Defendant's Motion for Leave to file In Camera and Ex Parte Declaration on or before Monday, January 12, 2015 , by Judge Wiley Y. Daniel on 1/6/2015.(evana, ) (Entered: 01/07/2015)
2015-01-12	31	REPLY to Response to 27 MOTION for Leave to File In Camera and Ex Parte Declaration 26 MOTION for Summary Judgment filed by Defendant Department of Justice. (Jafek, Timothy) (Entered: 01/12/2015)
2015-01-23	32	Unopposed MOTION for Leave to File Excess Pages For Response to Motion for Summary Judgment by Plaintiff Homaidan Al-Turki. (Attachments: # 1 Proposed Document Proposed Order)(Salahuddin, Faisal) (Entered: 01/23/2015)
2015-01-26	33	RESPONSE to 26 MOTION for Summary Judgment filed by Plaintiff Homaidan Al-Turki. (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, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27)(Salahuddin, Faisal) (Modified on 1/27/2015 edited duplicate text)(evana, ). (Entered: 01/26/2015)
2015-01-27	34	MINUTE ORDER granting 32 Plaintiffs Unopposed Motion to Exceed Page Limitations for Response to Motion for Summary Judgment, by Judge Wiley Y. Daniel on 1/27/2015.(evana, ) (Entered: 01/27/2015)
2015-02-11	35	Unopposed MOTION for Leave to File Excess Pages by Defendant Department of Justice. (Attachments: # 1 Proposed Order (PDF Only))(Jafek, Timothy) (Entered: 02/11/2015)
2015-02-12	36	REPLY to Response to 26 MOTION for Summary Judgment filed by Defendant Department of Justice. (Attachments: # 1 Relationship between exemptions and release status, # 2 Unsealed affidavits from district court cases, # 3 Contexts of disclosures, # 4 Fourth Hardy Decl.)(Jafek, Timothy) (Entered: 02/12/2015)
2015-02-17	37	ERRATA re 36 Reply to Response to Motion, by Defendant Department of Justice. (Jafek, Timothy) (Entered: 02/17/2015)
2015-02-17	38	MINUTE ORDER granting 35 Unopposed Motion to Exceed Page Limitations for Reply in Support of Motion for Summary Judgment by Judge Wiley Y. Daniel on 2/17/15.(dkals, ) (Entered: 02/17/2015)
2015-05-13	39	ORDER that Defendants Motion for Leave to File In Camera and Ex Parte Declaration ECF No. 27 is GRANTED. The In Camera and Ex Parte Declaration shall be submitted to my Chambers within ten (10) days of this Order, by Judge Wiley Y. Daniel on 5/13/2015.(evana, ) (Entered: 05/13/2015)
2015-05-21	40	NOTICE of Ex Parte, In Camera Filing by Defendant Department of Justice (Jafek, Timothy) (Entered: 05/21/2015)
2015-07-17	41	NOTICE of Filing of Documents Released Under FOIA by Defendant Department of Justice (Jafek, Timothy) (Entered: 07/17/2015)
2016-03-30	42	ORDER that Defendants Motion for Summary Judgment is GRANTED IN PART, DENIED AS MOOT IN PART, AND DENIED WITHOUT PREJUDICE IN PART, by Judge Wiley Y. Daniel on 3/30/2016.(evana, ) (Entered: 03/31/2016)
2016-04-19	43	Unopposed MOTION for Extension of Time to File Supplemental Declaration by Defendant Department of Justice. (Jafek, Timothy) (Entered: 04/19/2016)
2016-04-19	44	MINUTE ORDER Granting 43 Defendant's Unopposed Motion for Extension of Time Regarding Filing of Supplemental Declaration and/or Vaughn Index up to and including Friday, April 29, 2016, by Judge Wiley Y. Daniel on 4/19/2016.(evana, ) (Entered: 04/20/2016)
2016-04-29	45	NOTICE re 42 Order on Motion for Summary Judgment Filing of Supplemental Declaration by Defendant Department of Justice (Attachments: # 1 Supplemental Declaration)(Jafek, Timothy) (Entered: 04/29/2016)
2016-04-29	46	MOTION for Order to File In Camera and Ex Parte Declaration by Defendant Department of Justice. (Jafek, Timothy) (Entered: 04/29/2016)
2016-05-23	47	RESPONSE to 46 MOTION for Order to File In Camera and Ex Parte Declaration filed by Plaintiff Homaidan Al-Turki. (Salahuddin, Faisal) (Entered: 05/23/2016)
2016-06-01	48	SUPPLEMENT/AMENDMENT to 45 Notice (Other) Ex. C to Fifth Hardy Decl. by Defendant Department of Justice. (Attachments: # 1 Al-Turki 415 corrected)(Jafek, Timothy) (Entered: 06/01/2016)
2016-06-02	49	REPLY to Response to 46 MOTION for Order to File In Camera and Ex Parte Declaration filed by Defendant Department of Justice. (Jafek, Timothy) (Entered: 06/02/2016)
2016-09-16	50	MINUTE ORDER: A Telephone Status Conference is set for 10/4/2016 at 11:00 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. The parties shall initiate a conference call amongst themselves prior to calling the court (303.844.2117) at the scheduled time. By Magistrate Judge Craig B. Shaffer on 9/16/2016. Text Only Entry (cbslc2) (Entered: 09/16/2016)
2016-10-04	51	COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Telephone Status Conference held on 10/4/2016. FTR: Courtroom A-402. (amont, ) (Entered: 10/04/2016)
2017-02-07	52	NOTICE of Change of Address/Contact Information by Timothy Bart Jafek (Jafek, Timothy) (Entered: 02/07/2017)
2017-03-30	53	ORDER Granting 46 Defendant's Motion for Leave to File In Camera and Ex Parte Declaration no later than thirty (30) days of this Order, or by Wednesday, April 29, 2017. It is FURTHER ORDERED that to the extent Plaintiff seeks to challenge the adequacy of the public declaration filed by Defendant ECF No. 45 , he must file a motion on this issue by Wednesday, April 29, 2017, by Judge Wiley Y. Daniel on 3/30/2017. (evana, ) . (Modified on 3/31/2017 Attached main document to entry)(evana, ). (Entered: 03/30/2017)
2017-05-03	54	NOTICE re 53 Order on Motion for Order,, Ex Parte, In Camera Filng by Defendant Department of Justice (Jafek, Timothy) (Entered: 05/03/2017)
2017-09-25	55	ORDER THIS MATTER is before the Court on review of the file. The case involves Plaintiff's request under the Freedom of Information Act ["FOIA"] for all Federal Bureau of Investigation ["FBI"] records mentioning him. Defendant responded to Plaintiff's FOIA request by releasing some documents and claiming exemptions for others, and filed a 26 motion seeking summary judgment as to the exemptions that it claimed as to certain documents or portions of documents. In the Order on Summary Judgment ECF No. 42 , I granted Defendant's summary judgment motion as to many of the categories of information that were withheld under the exemptions claimed by the Defendant. I found, however, as to certain documents that the Defendant had not provided sufficient information to allow the Court to determine whether they were properly withheld, and denied Defendant's summary judgment motion without prejudice as to those documents. Defendant has provided additional information to support that portion of its Motion for Summary Judgment that was previously denied without prejudice in part. Accordingly, it is ORDERED that the portion of the Motion for Summary Judgment that was previously denied in part as to certain documents is now GRANTED. The Motion for Summary Judgment ECF No. 26 is thus granted in its entirety. Judgment shall enter in favor of Defendant and against Plaintiff on his claim, re: 26 MOTION for Summary Judgment filed by Department of Justice, 42 Order on Motion for Summary Judgment by Judge Wiley Y. Daniel on 9/25/2017. (evana, ) (Entered: 09/26/2017)
2017-09-26	56	FINAL JUDGMENT by Clerk in favor of Department of Justice against Homaidan Al-Turki by Judge Wiley Y. Daniel on 9/26/17. (rkeec) (Entered: 09/26/2017)
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