Case Detail

FOIA Project Annotation: Judge Ellen Segal Huvelle has ruled that EOUSA has not yet shown that its refusal to either confirm or deny records about grants of immunity or non-prosecution in the trial of Marty Lorenzo Wright is proper under Exemption 7(C) (invasion of privacy concerning law enforcement records). Wright requested records concerning immunity grants made as part of his trial. EOUSA denied the request, indicating that it would neither confirm nor deny the existence of records. Wright's attorney then requested any documents concerning grants of immunity or non-prosecution in Wright's trial. The agency decided the request was duplicative of Wright's request and did not respond. EOUSA apparently decided to relabel its privacy Glomar defense and told Huvelle it was relying on a "third party categorical denial." Huvelle noted that the request submitted by Wright's attorney was broader than Wright's request and encompassed records such as "notes outlining the rationale for offering a particular witness immunity. Such documents might shed light on how the U.S. Attorney's Office in Virginia exercises its prosecutorial discretion. As such, the Court cannot categorically conclude that plaintiff's request could not possibly yield any information of public interest." Huvelle noted the categorical approach to privacy articulated in Reporters Committee and SafeCard Services v. SEC, 926 F.2d 1197 (D.C. Cir. 1991), allowed the withholding of information that would reveal the identities of individuals involved in law enforcement investigations. Here, she observed that "if plaintiff were requesting information about a named individual defendant could potentially argue that every document produced would necessarily reveal protected personal details, since the request itself would link the documents to the individual's identity. In the present case, however, plaintiff is not asking for documents related to any particular person. . .A search might therefore uncover responsive documents that could be redacted to protect the identities of any named individuals. The search might also reveal documents that do not themselves contain personal information but merely describe the decision-making process culminating in the immunity agreements."
Issues: Determination - Glomar response, Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2014-04-03	1	COMPLAINT against UNITED STATES DEPARMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-3675022) filed by MARTY LORENZO WRIGHT. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Gordon, Jeremy) Modified on 4/4/2014 (kb). (Entered: 04/03/2014)
2014-04-03		Case Assigned to Judge Ellen S. Huvelle. (kb) (Entered: 04/04/2014)
2014-04-04	2	ERRATA 1 COMPLAINT against UNITED STATES DEPARMENT OF JUSTICE (Fee Status:Filing Fee Waived) filed by MARTY LORENZO WRIGHT. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Gordon, Jeremy) Modified on 4/4/2014 (kb). Modified on 4/7/2014 to correct docket event (jf, ). (Entered: 04/04/2014)
2014-04-04	3	NOTICE of Appearance by Jeremy Brian Gordon on behalf of MARTY LORENZO WRIGHT (Gordon, Jeremy) (Entered: 04/04/2014)
2014-04-04	4	ENTERED IN ERROR.....MOTION to Strike 1 Complaint, by MARTY LORENZO WRIGHT (Attachments: # 1 Text of Proposed Order Proposed Order)(Gordon, Jeremy) Modified on 4/7/2014 (jf, ). (Entered: 04/04/2014)
2014-04-04	5	NOTICE of Consent to Proceed Before U.S. Magistrate Judge by MARTY LORENZO WRIGHT (Gordon, Jeremy) (Entered: 04/04/2014)
2014-04-04		SUMMONS Not Issued as to UNITED STATES DEPARMENT OF JUSTICE. (kb) (Entered: 04/04/2014)
2014-04-07		NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 4 MOTION to Strike 1 Complaint, was entered in error as incorrect event selected. (See Docket Entry 2 to view document) (jf, ) (Entered: 04/07/2014)
2014-04-09		SUMMONS (3) Issued as to UNITED STATES DEPARMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 04/09/2014)
2014-05-21	6	ANSWER to Complaint by UNITED STATES DEPARMENT OF JUSTICE.(Fields, Rhonda) (Entered: 05/21/2014)
2014-05-21	7	ENTERED IN ERROR.....STATUS REPORT and proposed briefing schedule by UNITED STATES DEPARMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Fields, Rhonda) Modified on 5/21/2014 (jf, ). (Entered: 05/21/2014)
2014-05-21		MINUTE ORDER: As the requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure are inapplicable to this FOIA case, it is hereby ORDERED that the parties shall confer and file a joint proposed briefing schedule by May 28, 2014. Signed by Judge Ellen S. Huvelle on May 21, 2014. (AG) (Entered: 05/21/2014)
2014-05-21		NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 7 Status Report was entered in error and counsel will refile in the correct case (14cv67).(jf, ) (Entered: 05/21/2014)
2014-06-05	8	Joint proposed briefing schedule filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Fields, Rhonda) Modified on 6/5/2014 (jf, ). (Entered: 06/05/2014)
2014-06-05		MINUTE ORDER re 8 Response to Order of the Court: It is hereby ORDERED thatDefendant's dispositive motion shall be filed on or before August 4, 2014; Plaintiff's opposition and cross-motion, if any, shall be filed on or before September 4, 2014; Defendant's reply and opposition to cross-motion shall be filed on or before October 4, 2014; and Plaintiff's reply to opposition to cross motion shall be filed on or before October 21, 2014. Signed by Judge Ellen S. Huvelle on June 5, 2014. (AG, ) (Entered: 06/05/2014)
2014-06-05		Set/Reset Deadlines/Hearings: Defendant's Dispositive Motion due by 8/4/2014. Response to Dispositive Motion due by 9/4/2014. Reply to Dispositive Motion due by 10/4/2014. Plaintiff's Cross Dispositive Motion due by 9/4/2014. Response to Cross Motion due by 10/4/2014. Reply to Cross Motion due by 10/21/2014. (cdw) (Entered: 06/06/2014)
2014-06-06		Set/Reset Deadlines: Dispositive Motion due by 8/4/2014. Response to Dispositive Motion and Cross Motion due by 9/4/2014. Reply and Response to Cross Motion due 10/4/2014; Reply to Cross Motion due 10/21/2014. (zmm, ) (Entered: 06/06/2014)
2014-07-25	9	Unopposed MOTION for Extension of Time to file summary judgment motion and to amend briefing schedule by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Fields, Rhonda) (Entered: 07/25/2014)
2014-07-28		MINUTE ORDER granting 9 motion for extension of time: It is hereby ORDERED that the parties consent motion for extension of time is GRANTED; it is further ORDERED that plaintiff's opposition and cross-motion, if any, shall be filed on October 6, 2014; defendant's reply and opposition to cross-motion shall be filed on November 4, 2014; and plaintiff's reply to opposition to cross-motion shall be filed on December 4, 2014. Signed by Judge Ellen S. Huvelle on July 28, 2014.(lcesh2) (Entered: 07/28/2014)
2014-07-29		Set/Reset Deadlines: Response to motion for summary judgment and cross motion due 10/6/2014; Reply to motion for summary judgment and response to cross motion due 11/4/2014; Cross motion reply due 12/4/2014.(zmm, ) (Entered: 07/29/2014)
2014-07-29		MINUTE ORDER: It is hereby ORDERED that the Minute Order filed on July 28, 2014, granting the motion for extension of time is AMENDED; and it is further ORDERED that defendant's motion for summary judgment is due by September 3, 2014. Signed by Judge Ellen S. Huvelle on July 29, 2014. (AG, ) (Entered: 07/29/2014)
2014-07-30		Set/Reset Deadlines: Summary Judgment motion due by 9/3/2014. (zmm, ) (Entered: 07/30/2014)
2014-09-03	10	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Luczynski declaration, # 2 Luczynski declaration exhibits, # 3 Text of Proposed Order)(Fields, Rhonda) (Entered: 09/03/2014)
2014-10-03	11	MOTION for Extension of Time to File Response/Reply as to 10 MOTION for Summary Judgment by MARTY LORENZO WRIGHT (Attachments: # 1 Text of Proposed Order Proposed Order)(Gordon, Jeremy) (Entered: 10/03/2014)
2014-10-06		MINUTE ORDER granting 11 Plaintiff's Consent Motion for Extension of Time to File Response re 10 MOTION for Summary Judgment: Upon consideration of Plaintiff's Unopposed Motion for Enlargement of Time, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that Plaintiff shall have to and including November 3, 2014, in which to file his opposition to the Defendant's Motion for Summary Judgment. Signed by Judge Ellen S. Huvelle on October 6, 2014. (AG) (Entered: 10/06/2014)
2014-10-06		MINUTE ORDER: In light of the Court's order granting plaintiff's motion for an extension of time to file a response to defendant's motion for summary judgment until November 3, 2014, it is hereby ORDERED that plaintiff's cross-motion for summary judgment is also due by November 3, 2014; it is further ORDERED that defendant's reply in support of its motion for summary judgment and opposition to plaintiff's cross-motion is due by December 2, 2014; and plaintiff's reply in support of its cross-motion is due by January 2, 2015. Signed by Judge Ellen S. Huvelle on October 6, 2014. (AG) (Entered: 10/06/2014)
2014-10-06		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 11/3/2014. (zmm, ) (Entered: 10/06/2014)
2014-11-03	12	Cross MOTION for Summary Judgment by MARTY LORENZO WRIGHT (Attachments: # 1 Memorandum in Support of Motion for Summary Judgment, # 2 Statement of Facts To Which There Exists No Genuine Issue)(Gordon, Jeremy) . (Entered: 11/03/2014)
2014-11-03	13	RESPONSE re 10 MOTION for Summary Judgment filed by MARTY LORENZO WRIGHT. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Gordon, Jeremy) (Entered: 11/03/2014)
2014-12-01	14	Memorandum in opposition to re 12 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Fields, Rhonda) (Entered: 12/01/2014)
2014-12-01	15	REPLY to opposition to motion re 10 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Fields, Rhonda) (Entered: 12/01/2014)
2015-03-09	16	NOTICE OF SUBSTITUTION OF COUNSEL by Marina Utgoff Braswell on behalf of UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Rhonda C. Fields (Braswell, Marina) (Entered: 03/09/2015)
2015-03-16	17	MEMORANDUM OPINION re 10 defendant's motion for summary judgment and 12 plaintiff's cross-motion for summary judgment. Signed by Judge Ellen S. Huvelle on March 16, 2015. (lcesh2) (Entered: 03/16/2015)
2015-03-16	18	ORDER denying 10 defendant's motion for summary judgment; denying without prejudice 12 plaintiff's cross-motion for summary judgment for the reasons stated in the accompanying Memorandum Opinion (ECF No. 17 ). See Order for details. Signed by Judge Ellen S. Huvelle on March 16, 2015. (lcesh2) (Entered: 03/16/2015)
2015-03-17		Set/Reset Deadlines: Renewed Summary Judgment Motion due by 5/30/2015. Response due by 6/20/2015. Reply due by 6/29/2015. (zmm, ) (Entered: 03/17/2015)
2015-05-29	19	Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 05/29/2015)
2015-05-30		MINUTE ORDER granting 19 Unopposed Motion for Extension of Time to File: Upon consideration of defendant's unopposed motion for extension of time to file a renewed motion for summary judgment, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendant's motion is due by June 29, 2015; plaintiff's opposition is due by July 20, 2015; and defendant's reply is due by July 29, 2015. SO ORDERED. Signed by Judge Ellen S. Huvelle on May 30, 2015. (AG) (Entered: 05/30/2015)
2015-06-01		Set/Reset Deadlines: Renewed motion for summary judgment due by 6/29/2015. Response due by 7/20/2015. Reply due by 7/29/2015. (zmm) (Entered: 06/01/2015)
2015-06-29	20	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Sher Declaration)(Braswell, Marina) (Entered: 06/29/2015)
2015-06-30		Set/Reset Deadlines as to 20 MOTION for Summary Judgment . Responses due by 7/20/2015 Replies due by 7/29/2015. (AG) (Entered: 06/30/2015)
2015-07-13	21	Unopposed MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Summary Judgment by MARTY LORENZO WRIGHT (Gordon, Jeremy) (Entered: 07/13/2015)
2015-07-13	22	MINUTE ORDER granting 21 Consent Motion for Extension of Time to File Response/Reply re 20 defendant's MOTION for Summary Judgment. Plaintiff's response is due by 8/20/2015. Defendant's reply is due by 9/21/2015. SO ORDERED. Signed by Judge Ellen S. Huvelle on July 13, 2015. (AG) (Entered: 07/13/2015)
2015-07-13		Set/Reset Deadlines as to 20 MOTION for Summary Judgment . Response due by 8/20/2015. Reply due by 9/21/2015. (cdw) (Entered: 07/14/2015)
2015-08-26	23	STIPULATION of Dismissal by MARTY LORENZO WRIGHT. (Gordon, Jeremy) (Entered: 08/26/2015)
Hide Docket Events