Case Detail

FOIA Project Annotation: A federal court in New York has ruled that the Department of State conducted an adequate search for records related to the 2012 death of Ghais AbdulJaami in Cologne, Germany and that it properly withheld records under Exemption 1 (national security), Exemption 3 (other statutes), Exemption 5 (privileges), Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption 7(E) (investigative methods and techniques). The State Department searched the U.S. Consulate in Frankfort, the U.S. Consulate in Dusseldorf, the Bureau of Diplomatic Security, the Office of Overseas Citizens Services, and its Central Foreign Policy Records. AbdulJaami's estate filed suit before the agency responded. The agency located 49 responsive documents, releasing 33 in full and nine in part. It withheld documents in full under a variety of exemption claims. It also referred five documents to the U.S. Army Europe, which withheld all of them under Exemption 1 and Exemption 3. The court found the State Department's search was adequate. It noted that "when assessing which locations and records systems within the State Department are reasonably likely to contain the information requested, IPS relies on the knowledge and expertise of the employees of each search location, as they are in the best position to know how their files are organized." The majority of the documents located were found in the search of the U.S. Consulate at Frankfort. AbdulJaami argued the search was inadequate because it did not use keywords such as " suicide." But the court noted that "the State Department's decision not to perform searches using the term 'suicide' does not render its search inadequate. The term 'suicide' does not appear anywhere in the request." AbdulJaami claimed the agency's search was undermined by the fact that it had failed to locate a German death certificate. However, the court observed that "a document meeting that description was released as part of the State Department's initial response to the request on October 2, 2014. Therefore, AbdulJaami's allegations of bad faith predicated on the supposed failure to locate or release this document are insufficient to impugn the good faith presumption accorded the State Department's declarations." AbdulJaami challenged the agency's withholding of information in an email chain under Exemption 6. Upholding the agency's use of Exemption 6, the court noted that "this withholding is characteristic of personal information routinely withheld under Exemption 6. The release of this information without authorization by the individuals identified could subject the individuals to unwanted public attention, and there is no public interest in the disclosure of the names or other identifying information regarding these individuals."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2014-09-30	1	COMPLAINT against U.S. Department of State. (Filing Fee $ 350.00, Receipt Number 465401106153)Document filed by Estate of Ghais Abduljaami.(moh) (Entered: 10/01/2014)
2014-09-30		SUMMONS ISSUED as to U.S. Department of State, U.S. Attorney and U.S. Attorney General. (moh) (Entered: 10/01/2014)
2014-09-30		Magistrate Judge Ronald L. Ellis is so designated. (moh) (Entered: 10/01/2014)
2014-09-30		Case Designated ECF. (moh) (Entered: 10/01/2014)
2014-09-30	2	CIVIL COVER SHEET filed. (moh) (Entered: 10/01/2014)
2014-10-06	3	NOTICE OF APPEARANCE by Andrew Edward Krause on behalf of U.S. Department of State. (Krause, Andrew) (Entered: 10/06/2014)
2014-10-07	4	AFFIDAVIT OF SERVICE. U.S. Department of State served on 10/1/2014, answer due 10/22/2014. Service was accepted by Lisa Ahern - Civil Clerk. Document filed by Estate of Ghais Abduljaami. (Abduljaami, Saboor) (Entered: 10/07/2014)
2014-10-07	5	AFFIDAVIT OF SERVICE. Service was made by Certified Mail. Document filed by Estate of Ghais Abduljaami. (Abduljaami, Saboor) (Entered: 10/07/2014)
2014-10-15	6	NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/19/2014 at 10:45 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 10/14/2014) (tn) (Entered: 10/15/2014)
2014-10-31	7	ANSWER to 1 Complaint. Document filed by U.S. Department of State.(Krause, Andrew) (Entered: 10/31/2014)
2014-12-11	8	JOINT LETTER addressed to Judge Jesse M. Furman from Andrew E. Krause dated December 11, 2014 re: joint letter in advance of initial pretrial conference. Document filed by U.S. Department of State. (Attachments: # 1 Exhibit Proposed Civil Case Management Plan)(Krause, Andrew) (Entered: 12/11/2014)
2014-12-12	9	ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Consent under 28 U.S.C. 636(c) for all purposes (including trial). Referred to Magistrate Judge Ronald L. Ellis. (Signed by Judge Jesse M. Furman on 12/11/2014) (tn) (Entered: 12/12/2014)
2014-12-12	10	CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Estate of Ghais Abduljaami, U.S. Department of State. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Ronald L. Ellis. (Signed by Judge Jesse M. Furman on 12/11/2014) (tn) (Entered: 12/12/2014)
2014-12-18	11	PRETRIAL CONFERENCE ORDER: A CONFERENCE WILL BE HELD IN THIS CASE BY THE JUDGE ON JANUARY 8, 2015, AT 11:30 A.M. IN COURTROOM 11C, 500 PEARL STREET. All counsel must be present. Plaintiff's counsel is responsible for confirming with each defendant's counsel that all necessary participants are aware of this conference. The individuals present must have authority and be prepared to discuss all aspects of the case, including any legal and factual matters related to the claims or counterclaims. Pretrial Conference set for 1/8/2015 at 11:30 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. (See Order.) (Signed by Magistrate Judge Ronald L. Ellis on 12/18/2014) (ajs) (Entered: 12/18/2014)
2014-12-19	12	LETTER MOTION to Adjourn Conference currently scheduled for January 8, 2015 addressed to Magistrate Judge Ronald L. Ellis from Andrew E. Krause dated December 19, 2014. Document filed by U.S. Department of State.(Krause, Andrew) (Entered: 12/19/2014)
2014-12-22	13	ORDER granting 12 Letter Motion to Adjourn Conference. Initial Conference set for 1/13/2015 at 10:30 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. All counsel must be present. Plaintiffs counsel is responsible for confirming with each defendants counsel that all necessary participants are aware of this conference. The individuals present must have authority and be prepared to discuss all aspects of the case, including any legal and factual matters related to the claims or counterclaims.No request for adjournment will be considered unless made at least THREE BUSINESS DAYS before the scheduled conference and only after the parties have consulted with each other. Direct inquiries to Rupa Shah, 212-805-0242. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald) (Entered: 12/22/2014)
2015-01-13		Minute entry for proceedings held before Magistrate Judge Ronald L. Ellis: Initial Pretrial Conference held on 1/13/2015 at 10:35 a.m. Next Status Conference is scheduled for 2/23/2015 at 11:00 a.m. (rsh) (Entered: 01/13/2015)
2015-01-13	14	NOTICE of CONFERENCE: A STATUS CONFERENCE in the above referenced matter has been scheduled for FEBRUARY 23, 2015 at 11:00 A.M. before Magistrate Judge Ronald L. Ellis, in Courtroom 11C, 500 Pearl Street, New York 10007. No request for adjournment will be considered unless made at least THREE BUSINESS DAYS before the scheduled conference and only after the parties have consulted with each other. Direct inquiries to Rupa Shah, 212-805-0242. (djc) (Entered: 01/13/2015)
2015-01-13		Set/Reset Hearings: Status Conference set for 2/23/2015 at 11:00 AM before Magistrate Judge Ronald L. Ellis. (djc) (Entered: 01/13/2015)
2015-02-23		Minute entry for proceedings held before Magistrate Judge Ronald L. Ellis: Status Conference held on 2/23/2015 at 11:00 a.m. Next Status Conference scheduled for April 1, 2015 at 10:30 a.m. (rsh) (Entered: 02/23/2015)
2015-02-23	15	NOTICE OF CONFERENCE: A STATUS CONFERENCE in the above referenced matter has been scheduled for APRIL 1, 2015 at 10:30 A.M. before Magistrate Judge Ronald L. Ellis, in Courtroom 11C, 500 Pearl Street, New York 10007. No request for adjournment will be considered unless made at least THREE BUSINESS DAYS before the scheduled conference and only after the parties have consulted with each other. Direct inquiries to Rupa Shah, 212-805-0242. Status Conference set for 4/1/2015 at 10:30 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. (kgo) (Entered: 02/23/2015)
2015-04-01		Minute entry for proceedings held before Magistrate Judge Ronald L. Ellis: Status Conference held on 4/1/2015 at 10:40 a.m. (rsh) (Entered: 04/01/2015)
2015-04-07	16	ORDER: Having met with the Parties on April 1, 2015, and discussed the status of this case, the Court HEREBY ORDERS that (1) any motions for summary judgment be filed by April 21, 2015, (2) any opposition be filed by May 5, 3015, and (3) any reply be filed by May 12, 2015. (Motions due by 4/21/2015. Responses due by 5/5/2015, Replies due by 5/12/2015.) (Signed by Magistrate Judge Ronald L. Ellis on 4/7/2015) (kko) (Entered: 04/07/2015)
2015-04-13	17	LETTER MOTION for Extension of Time for summary judgment briefing schedule addressed to Magistrate Judge Ronald L. Ellis from Andrew E. Krause dated April 13, 2015. Document filed by U.S. Department of State.(Krause, Andrew) (Entered: 04/13/2015)
2015-04-15	18	ORDER granting 17 Letter Motion for Extension of Time. Motions due by 5/5/2015. Reply to Response to Brief due by 5/26/2015. Responses to Brief due by 5/19/2015. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald) (Entered: 04/15/2015)
2015-04-30	19	SECOND LETTER MOTION for Extension of Time for summary judgment briefing schedule addressed to Magistrate Judge Ronald L. Ellis from Andrew E. Krause dated April 30, 2015. Document filed by U.S. Department of State.(Krause, Andrew) (Entered: 04/30/2015)
2015-04-30	20	LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Ronald L. Ellis from Saboor H. AbdulJaami dated 4/30/2015 re: 19 SECOND LETTER MOTION for Extension of Time for summary judgment briefing schedule addressed to Magistrate Judge Ronald L. Ellis from Andrew E. Krause dated April 30, 2015. . Document filed by Estate of Ghais Abduljaami. (Abduljaami, Saboor) (Entered: 04/30/2015)
2015-05-01	21	LETTER addressed to Magistrate Judge Ronald L. Ellis from Andrew E. Krause dated May 1, 2015 re: response to Plaintiff's letter of April 30, 2015 (Dkt. No. 20). Document filed by U.S. Department of State.(Krause, Andrew) (Entered: 05/01/2015)
2015-05-01	22	ORDER granting 19 Letter Motion for Extension of Time. No further extensions will be granted. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald) (Entered: 05/01/2015)
2015-05-12	23	MOTION for Summary Judgment . Document filed by U.S. Department of State. Responses due by 5/26/2015(Krause, Andrew) (Entered: 05/12/2015)
2015-05-12	24	MEMORANDUM OF LAW in Support re: 23 MOTION for Summary Judgment . . Document filed by U.S. Department of State. (Krause, Andrew) (Entered: 05/12/2015)
2015-05-12	25	DECLARATION of John F. Hackett in Support re: 23 MOTION for Summary Judgment .. Document filed by U.S. Department of State. (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)(Krause, Andrew) (Entered: 05/12/2015)
2015-05-12	26	DECLARATION of Colonel Laura A. Potter in Support re: 23 MOTION for Summary Judgment .. Document filed by U.S. Department of State. (Krause, Andrew) (Entered: 05/12/2015)
2015-05-26	27	CROSS MOTION for Summary Judgment Notice of Motion . Document filed by Estate of Ghais Abduljaami. Responses due by 6/2/2015 Return Date set for 6/2/2015 at 10:00 AM.(Abduljaami, Saboor) (Entered: 05/26/2015)
2015-05-26	28	FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - CROSS MOTION for Summary Judgment Memorandum of Law in Opposition to Defendant's motion for Summary Judgment and in Support of Plaintiff's Motion for Summary Judgment . Document filed by Estate of Ghais Abduljaami. Responses due by 6/2/2015 Return Date set for 6/2/2015 at 10:00 AM.(Abduljaami, Saboor) Modified on 5/28/2015 (db). (Entered: 05/26/2015)
2015-05-26	29	DECLARATION of Saboor H. AbdulJaami in Opposition re: 27 CROSS MOTION for Summary Judgment Notice of Motion ., 28 CROSS MOTION for Summary Judgment Memorandum of Law in Opposition to Defendant's motion for Summary Judgment and in Support of Plaintiff's Motion for Summary Judgment .. Document filed by Estate of Ghais Abduljaami. (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)(Abduljaami, Saboor) (Entered: 05/26/2015)
2015-05-28		***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Saboor H. Abduljaami to RE-FILE Document 28 CROSS MOTION for Summary Judgment Memorandum of Law in Opposition to Defendant's motion for Summary Judgment and in Support of Plaintiff's Motion for Summary Judgment . Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db) (Entered: 05/28/2015)
2015-05-28	30	FIRST MEMORANDUM OF LAW in Support re: 27 CROSS MOTION for Summary Judgment Notice of Motion ., 23 MOTION for Summary Judgment . Memorandum of Law in Opposition to Defendant's motion for summary judgment and in Support of Plaintiff's Motion for Summary Judgment . Document filed by Estate of Ghais Abduljaami. (Abduljaami, Saboor) (Entered: 05/28/2015)
2015-06-02	31	REPLY MEMORANDUM OF LAW in Support re: 23 MOTION for Summary Judgment . and in opposition to Plaintiff's cross-motion for summary judgment . Document filed by U.S. Department of State. (Krause, Andrew) (Entered: 06/02/2015)
2015-06-02	32	DECLARATION of Andrew E. Krause in Support re: 23 MOTION for Summary Judgment .. Document filed by U.S. Department of State. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Krause, Andrew) (Entered: 06/02/2015)
2016-01-07	33	OPINION AND ORDER re: 27 CROSS MOTION for Summary Judgment Notice of Motion filed by Estate of Ghais Abduljaami, 23 MOTION for Summary Judgment filed by U.S. Department of State. For the foregoing reasons, the State Department's motion for summary judgment is GRANTED and AbdulJaami's cross-motion is DENIED. This motion having been resolved (Doc. No. 23), the Complaint in this action is DISMISSED and the Clerk of the Court is directed to close the case. (As further set forth in this Order.) (Signed by Magistrate Judge Ronald L. Ellis on 1/7/2016) (kko) (Entered: 01/07/2016)
2016-01-07		Transmission to Judgments and Orders Clerk. Transmitted re: 33 Memorandum & Opinion to the Judgments and Orders Clerk. (kko) (Entered: 01/07/2016)
2016-01-07	34	CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated January 7, 2016, the State Department's motion for summary judgment is granted and AbdulJaami's cross-motion is denied. The motion, (Doc. No. 23) having been resolved, and the Complaint in this action is dismissed; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 01/072016) (Attachments: # 1 Right to Appeal, # 2 Right to Appeal)(km) (Entered: 01/07/2016)
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