Case Detail

FOIA Project Annotation: Judge Richard Leon has explained the recent spate of cases requesting wiretap authorization memos from the Criminal Division at the Department of Justice and like the four judges before him has ruled that the Justice Department conducted an adequate search for records and properly withheld the memos under Exemption 5 (privileges). Leon explained that the plaintiffs in all five cases were prisoners at the Northeast Ohio Correctional Center in Youngstown, and that three of them were involved in the same drug case from the Western District of Pennsylvania. In this case, Eric Campbell had requested wiretap authorizations for a phone number used in his prosecution. The Criminal Division initially responded that it would not search for the records because they were considered exempt under Exemption 3 (other statutes) because they were confidential under Title III. OIP affirmed the Criminal Division's refusal to search, but once Campbell filed suit, the agency searched for and located responsive records in its Title III tracking database and in archived emails, all of which were withheld under Exemption 5. Leon agreed with the agency's exemption claim, noting that "most of the documentsâ€"including substantive records like recommendation memoranda, affidavits, and approval lettersâ€"clearly qualify as attorney work-product because they were prepared for criminal prosecutions. . .[E]ven those documents that appear more administrative in natureâ€"for example, email messages confirming receipt or logging notesâ€"also fall within Exemption 5. These records were created in anticipation of a specific criminal prosecution and would not have been created in the absence of it." Like his fellow plaintiffs' previous cases, Campbell argued that the records were required to be released under the Privacy Act. Leon indicated that the Title III tracking database was an exempt law enforcement system of records under subsection (j)(2), but noted that the archived emails were not in an exempt system. But he pointed out that "the documents identified in the email archive were properly withheld as this database is not a 'system of records' within the meaning of the Privacy Act and is therefore not subject to the disclosure provision therein."
Issues: Exemption 5 - Privileges - Attorney work-product privilege

Date Filed	Doc #	Docket Text
2014-08-08	1	COMPLAINT against KENNETH COURTER, DIRECTOR OF OIP, SEAN R. O'NEILL, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION (Filing fee $ 0.00) with Jury Demand filed by ERIC CAMPBELL. (Attachments: # 1 Civil Cover Sheet; # 2 Exhibits) (jf, ). (Entered: 08/12/2014)
2014-08-08		SUMMONS Not Issued as to KENNETH COURTER, DIRECTOR OF OIP, SEAN R. O'NEILL, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION (jf, ) (Entered: 08/12/2014)
2014-08-08	2	MOTION for Leave to Proceed in forma pauperis by ERIC CAMPBELL (jf, ) (Entered: 08/12/2014)
2014-08-08	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ERIC CAMPBELL (jf, ) (Entered: 08/12/2014)
2014-08-08	4	ORDER directing an initial partial filing fee in the amount of $32.31 from Prison Account of Eric Campbell, further ordered granting 2 MOTION for Leave to Proceed in forma pauperis. Signed by Judge Amy Berman Jackson on 08/06/2014. (see order for full detail) (jf, ) (Entered: 08/12/2014)
2014-08-15		SUMMONS (7) Issued as to KENNETH COURTER, DIRECTOR OF OIP, SEAN R. O'NEILL, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, U.S. Attorney and U.S. Attorney General (md, ) (Entered: 08/18/2014)
2014-08-26	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KENNETH COURTER served on 8/19/2014; DIRECTOR OF OIP served on 8/19/2014; SEAN R. O'NEILL served on 8/19/2014; OFFICE OF INFORMATION POLICY served on 8/19/2014; UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION served on 8/19/2014, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/19/2014., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/19/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 9/18/2014.) (rdj) (Entered: 08/28/2014)
2014-09-17	6	First MOTION for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint by KENNETH COURTER, DIRECTOR OF OIP, SEAN R. O'NEILL, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION (Adebonojo, Kenneth) (Entered: 09/17/2014)
2014-09-22	7	ORDER: Upon consideration of the defendants' 6 Motion for Extension of Time to File Answer; it is hereby ordered that the motion is GRANTED, and it is further ordered that the defendants shall file answer on or before 11/18/2014. Signed by Judge Richard J. Leon on 09/21/14. (tb, ) (Entered: 09/22/2014)
2014-09-22		Set/Reset Deadlines: Answer due by 11/18/2014. (tb, ) (Entered: 09/22/2014)
2014-09-22	8	ENTERED IN ERROR....AGREED PROTECTIVE ORDER setting forth procedures for handling confidential material; allowing designated material to be filed under seal. Signed by Judge Richard J. Leon on 09/21/14. (Attachments: # 1 Exhibit) (tb, ) Modified on 9/23/2014 (tb, ). (Entered: 09/22/2014)
2014-09-23		NOTICE OF CORRECTED DOCKET ENTRY: re 8 Protective Order. This order was entered in the wrong case and counsel is instructed to disregard said pleading. (tb, ) Modified on 9/23/2014 (tb, ). (Entered: 09/23/2014)
2014-11-17	9	MOTION for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint by KENNETH COURTER, DIRECTOR OF OIP, SEAN R. O'NEILL, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION (Adebonojo, Kenneth) (Entered: 11/17/2014)
2014-11-24	10	ORDER: After consideration the defendants' 9 Motion for Extension of Time to Answer or Other Response to the Complaint; it is hereby ordered that the motion is GRANTED. Answer or Response due on or before December 19, 2014. Signed by Judge Richard J. Leon on 11/20/14. (tb, ) (Entered: 11/24/2014)
2014-11-24		Set/Reset Deadlines: Answer due by 12/19/2014. (tb, ) (Entered: 11/24/2014)
2014-12-18	11	MOTION for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint by KENNETH COURTER, DIRECTOR OF OIP, SEAN R. O'NEILL, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION (Adebonojo, Kenneth) (Entered: 12/18/2014)
2014-12-22	12	ORDER granting 11 MOTION for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint; and it is FURTHER ORDERED, that Defendants shall file an Answer or Other Response to Plaintiff's complaint on or before January 20, 2015. Signed by Judge Richard J. Leon on 12/22/2014. (tcr) (Entered: 12/22/2014)
2014-12-22		Set/Reset Deadlines: Answer or other Response due by 1/20/2015 (tcr) (Entered: 12/22/2014)
2015-01-21	13	Final MOTION for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint by KENNETH COURTER, DIRECTOR OF OIP, SEAN R. O'NEILL, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION (Adebonojo, Kenneth) (Entered: 01/21/2015)
2015-01-30	14	ORDER: After considering the 13 Motion for Extension of Time to File Answer; it is hereby ordered that the defendant's motion is GRANTED; and it is further ordered that the defendant shall file an Answer or Other Response to the Plaintiff's complaint on or before February 3, 2015. Signed by Judge Richard J. Leon on 01/29/15. (tb, ) (Entered: 01/30/2015)
2015-01-30		Set/Reset Deadlines: Answer due by 2/3/2015. (tb, ) (Entered: 01/30/2015)
2015-02-03	15	MOTION for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint by KENNETH COURTER, DIRECTOR OF OIP, SEAN R. O'NEILL, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION (Adebonojo, Kenneth) (Entered: 02/03/2015)
2015-02-06	16	MOTION for Summary Judgment by KENNETH COURTER, DIRECTOR OF OIP, SEAN R. O'NEILL, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION (Attachments: # 1 Statement of Facts, # 2 Exhibit Attachment 1, # 3 Exhibit A-F)(Adebonojo, Kenneth) (Entered: 02/06/2015)
2015-02-08	17	ERRATA to Defendants' Statement of Material Facts and "Background" in Defendants' Motion for Summary Judgment by KENNETH COURTER, DIRECTOR OF OIP, SEAN R. O'NEILL, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION 16 MOTION for Summary Judgment filed by DIRECTOR OF OIP, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, SEAN R. O'NEILL, KENNETH COURTER. (Adebonojo, Kenneth) (Entered: 02/08/2015)
2015-02-09	18	ORDER granting 15 Motion for Extension of Time to file an Answer or Other Response to Plaintiff's complaint on or before 2/6/15. Signed by Judge Richard J. Leon on 2/8/15. (gdf) (Entered: 02/09/2015)
2015-02-09	19	ORDERED that plaintiff shall respond to the Bank Defendants' motion to dismiss this action with 30 days of this Order, or the Court will treat the motion as conceded and may summarily dismiss the case. Signed by Judge Richard J. Leon on 2/8/15. (gdf) (Entered: 02/09/2015)
2015-03-13	20	MOTION for Extension of Time to File Response as to 16 MOTION for Summary Judgment by ERIC CAMPBELL (jf, ) (Entered: 03/16/2015)
2015-03-13	21	MOTION for Leave to File Amended Complaint by ERIC CAMPBELL (jf, ) (Entered: 03/16/2015)
2015-03-18		MINUTE ORDER granting 20 Motion for Extension of Time to File Response/Reply. It is hereby ORDERED that plaintiff's motion for extension of time is GRANTED. It is further ORDERED that plaintiff shall have up to and including 5/8/2015 to respond to defendant's motion for summary judgment. Signed by Judge Richard J. Leon on 3/18/2015. (lcrjl1, ) (Entered: 03/18/2015)
2015-03-20		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 5/8/2015. (tb, ) (Entered: 03/20/2015)
2015-05-11	22	MOTION to Amend/Correct 1 Complaint, by ERIC CAMPBELL (Attachments: # 1 Exhibit Amended Complaint, # 2 Text of Proposed Order, # 3 Certificate of Service)(td, ) (Entered: 05/13/2015)
2015-05-11	23	Memorandum in opposition to re 16 MOTION for Summary Judgment filed by ERIC CAMPBELL. (td, ) (Entered: 05/13/2015)
2015-05-26	24	First MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendants' Dispositive Motion and Opposition to Plaintiff's Motion for Leave to Amend Complaint by DIRECTOR OF OIP, SEAN R. O'NEILL, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION (Adebonojo, Kenneth) (Entered: 05/26/2015)
2015-06-26	25	MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgement and Opposition to Plaintiff's Motion to File a Second Amended Complaint by KENNETH COURTER, DIRECTOR OF OIP, SEAN R. O'NEILL, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION (Adebonojo, Kenneth) (Entered: 06/26/2015)
2015-07-05		MINUTE ORDER granting 25 Motion for Extension of Time to. It is hereby ORDERED that defendant's motion to enlarge time to file a reply and opposition is GRANTED. It is further ORDERED that defendant shall have up to and including 7/17/2015 to reply to the opposition to defendant's dispositive motion and to file an opposition to plaintiff's motion to file an amended complaint. Signed by Judge Richard J. Leon on 7/5/2015. (lcrjl1, ) (Entered: 07/05/2015)
2015-07-08		Set/Reset Deadlines: Reply to Dispositive Motions due by 7/17/2015. Response to motion to file amended complaint due by 7/17/2015 (tb) (Entered: 07/08/2015)
2015-07-17	26	Final MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss or for Summary Judgment and Opposition to Plaintiff's Motion to Amend by KENNETH COURTER, DIRECTOR OF OIP, SEAN R. O'NEILL, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION (Adebonojo, Kenneth) (Entered: 07/17/2015)
2015-07-22		MINUTE ORDER granting nunc pro tunc 26 Motion for Extension of Time to Reply and Oppose. It is hereby ORDERED that defendants shall have up to and including 7/31/2015 to file a reply to the opposition to defendants' dispositive motion and to file an opposition to plaintiff's motion for leave to file an amended complaint. No further extensions will be granted. Signed by Judge Richard J. Leon on 7/22/2015. (lcrjl1, ) (Entered: 07/22/2015)
2015-07-24		Set/Reset Deadlines: Defendants Reply to Plaintiff's Opposition to Defendants' Dispositive motion; and Defendant's Opposition to Plaintiff's Motion for Leave to file an Amended Complaint are due by 7/31/2015. (jth) (Entered: 07/24/2015)
2015-07-31	27	REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by KENNETH COURTER, DIRECTOR OF OIP, SEAN R. O'NEILL, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION. (Adebonojo, Kenneth) (Entered: 07/31/2015)
2015-07-31	28	Memorandum in opposition to re 22 MOTION to Amend/Correct 1 Complaint, filed by KENNETH COURTER, DIRECTOR OF OIP, SEAN R. O'NEILL, OFFICE OF INFORMATION POLICY, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION. (Adebonojo, Kenneth) (Entered: 07/31/2015)
2015-09-21		MINUTE ORDER denying 22 Plaintiff's Motion for Leave to File Amended Complaint. It is hereby ORDERED that the motion is DENIED. Signed by Judge Richard J. Leon on 9/21/15. (lcrjl3, ) (Entered: 09/21/2015)
2015-09-28	29	MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 9/28/2015. (jth) (Entered: 09/28/2015)
2015-09-28	30	ORDER Granting 16 Defendant's Motion for Summary Judgment for the reasons stated in the accompanying Memorandum Opinion; if it further ORDERED that this case is dismissed. Signed by Judge Richard J. Leon on 9/28/2015. (jth) (Entered: 09/28/2015)
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