Case Detail

FOIA Project Annotation: Judge Reggie Walton has ruled that the Office of the Director of National Intelligence and OPM properly invoked Exemption 7(E) (investigative methods and techniques) to withhold portions of a revised version of the Federal Investigative Standards, which provides standards for security and background investigations, and the appendix entitled the Expandable Focused Investigation Model. The FIS and the EFI Model were requested by William Henderson, who runs a personnel security consulting firm. Henderson argued that the 1998 FOIA amendments revised Exemption 7(E) in such a way that the ruling in Pratt v. Webster, 673 F.2d 408 (D.C. Cir. 1982) finding that Exemption 7 applied to both civil and criminal law enforcement matters was no longer good law. Walton dismissed the claim, noting that "the Court is unaware of any indication that, after Pratt's recognition of the applicability of Exemption 7 to records compiled for both civil and criminal law enforcement purposes, Congress acted to reject this understanding of Exemption 7's scope." Indicating that the background investigation materials clearly qualified under Exemption 7, Walton pointed out that "the defendants have amply demonstrated a 'rational nexus' between the background investigation techniques and each agency's responsibility to prevent potential bad actors from obtaining security clearances and access to government technologies and facilities, and a 'connection' between potential bad actors and the risk of a breach of security," Once he found the records qualified under Exemption 7's threshold, Walton easily found the records were covered by Exemption 7(E). He agreed with the agency that "the very purpose of the FIS and EFI Model--to ensure that unsuitable individuals do not gain access to sensitive government positions, facilities, technologies, clearances, or information--would be defeated if they were disclosed to the public." Walton found the agencies had also conducted an adequate segregabiliy analysis. He pointed out that "the Court is not persuaded by the plaintiff's contention that, merely because the defendants released additional information from the FIS after their initial decision to withhold the entire document the defendants' representations regarding segregability at this juncture are insufficient."
Issues: Litigation - Segregability analysis, Exemption 7(E) - Investigative methods or techniques

Date Filed	Doc #	Docket Text
2015-01-21	1	COMPLAINT against OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE ( Filing fee $ 400 receipt number 0090-3968634) filed by William H Henderson.(Moss, Bradley) (Entered: 01/21/2015)
2015-01-21	2	CIVIL COVER SHEET by WILLIAM H HENDERSON filed by WILLIAM H HENDERSON.(Moss, Bradley) (Entered: 01/21/2015)
2015-01-21		Case Assigned to Judge Reggie B. Walton. (zsth, ) (Entered: 01/21/2015)
2015-01-21		SUMMONS Not Issued as to OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (sth, ) (Entered: 01/21/2015)
2015-01-22	3	REQUEST FOR SUMMONS TO ISSUE by WILLIAM H HENDERSON filed by WILLIAM H HENDERSON. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Moss, Bradley) (Entered: 01/22/2015)
2015-01-23	4	SUMMONS (4) Issued Electronically as to OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 01/23/2015)
2015-03-10	5	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 03/10/2015)
2015-03-13		MINUTE ORDER granting 5 Motion for Extension of Time to Answer. In light of the plaintiff's consent, and for good cause shown, it is hereby ORDERED that the Defendants' Unopposed Motion for an Enlargement of Time is GRANTED, and the defendants shall respond to the Complaint on or before April 10, 2015. Signed by Judge Reggie B. Walton on March 13, 2015. (lcrbw1) (Entered: 03/13/2015)
2015-04-10	6	NOTICE OF SUBSTITUTION OF COUNSEL by Emily Sue Newton on behalf of All Defendants Substituting for attorney W. Mark Nebeker (Newton, Emily) (Entered: 04/10/2015)
2015-04-10	7	Defendants' ANSWER to Complaint by OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.(Newton, Emily) (Entered: 04/10/2015)
2015-04-10	8	ENTERED IN ERROR. . . . .RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/9/2015. Answer due for ALL FEDERAL DEFENDANTS by 3/11/2015. (Moss, Bradley) Modified on 4/13/2015 (td, ). (Entered: 04/10/2015)
2015-04-10	9	ENTERED IN ERROR. . . . .RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/2/15. (Moss, Bradley) Modified on 4/13/2015 (td, ). (Entered: 04/10/2015)
2015-04-10	10	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE served on 2/2/2015 (Moss, Bradley) (Entered: 04/10/2015)
2015-04-10	11	ENTERED IN ERROR. . . . .RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF PERSONNEL MANAGEMENT served on 2/2/2015 (Moss, Bradley) Modified on 4/13/2015 (td, ). (Entered: 04/10/2015)
2015-04-13		NOTICE OF ERROR re 8 Summons Returned Executed in FOIA as to U.S. Attorney; emailed to brad@markzaid.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Date of Service is not indicated on form. (td, ) (Entered: 04/13/2015)
2015-04-13		NOTICE OF ERROR re 9 Summons Returned Executed as to U.S. Attorney General; emailed to brad@markzaid.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Date of Service is not indicated on form. (td, ) (Entered: 04/13/2015)
2015-04-13		NOTICE OF ERROR re 11 Summons Returned Executed as to Federal Defendant; emailed to brad@markzaid.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Date of Service is not indicated on form. (td, ) (Entered: 04/13/2015)
2015-04-16	12	ORDER. Per the attached Order, it is hereby ORDERED that the parties shall file a joint proposed schedule governing further proceedings on or before May 13, 2015. Signed by Judge Reggie B. Walton on April 16, 2015. (lcrbw1) (Entered: 04/16/2015)
2015-04-17		Set/Reset Deadlines: Joint Proposed Schedule due by 5/13/2015 (mpt, ) (Entered: 04/17/2015)
2015-05-05	13	NOTICE of Appearance by Mark S. Zaid on behalf of WILLIAM H. HENDERSON (Zaid, Mark) (Entered: 05/05/2015)
2015-05-12	14	STATUS REPORT proposing briefing schedule (joint) by OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Attachments: # 1 Text of Proposed Order)(Newton, Emily) (Entered: 05/12/2015)
2015-05-13		MINUTE ORDER. Upon consideration of the parties' Joint Proposed Briefing Schedule, it is hereby ORDERED that: (1) the defendants shall produce any responsive, non-exempt records to the plaintiff by May 29, 2015; (2) the plaintiff shall notify the defendants whether he challenges any of the defendants' production or response to the subject FOIA request by June 19, 2015; and (3) if issues remain, the defendants shall file any motion for summary judgment by July 17, 2015, the plaintiff shall file any opposition to the defendants' motion for summary judgment by August 7, 2015, and the defendants shall file their reply to the plaintiff's opposition by August 28, 2015. Signed by Judge Reggie B. Walton on May 13, 2015. (lcrbw1) (Entered: 05/13/2015)
2015-05-14		Set/Reset Deadlines: Any Responsive non exempt records due by 5/29/2015. Responses due by 6/19/2015 Summary Judgment motions due by 7/17/2015. Response to Motion for Summary Judgment due by 8/7/2015. Reply to Motion for Summary Judgment due by 8/28/2015. (mpt, ) (Entered: 05/14/2015)
2015-07-13	15	Unopposed MOTION for Extension of Time to File motion for summary judgment by OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(Newton, Emily) (Entered: 07/13/2015)
2015-07-14		MINUTE ORDER granting 15 Motion for Extension of Time to File. In light of the plaintiff's consent, and for good cause shown, it is hereby ORDERED that the Defendants' Unopposed Motion for Extension of Time to File Motion for Summary Judgment is GRANTED. The defendants shall file their dispositive motion for summary judgment by July 27, 2015, the plaintiff shall file his opposition by August 17, 2015, and the defendants shall file their reply brief by September 7, 2015. Signed by Judge Reggie B. Walton on July 14, 2015. (lcrbw1) (Entered: 07/14/2015)
2015-07-17		Set/Reset Deadlines: Dispositive Motions due by 7/27/2015. Opposition to Dispositive Motions due by 8/17/2015. Reply to Dispositive Motions due by 9/7/2015. (mpt) (Entered: 07/17/2015)
2015-07-27	16	MOTION for Summary Judgment by OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order, # 3 Exhibit Declaration of Lisa M. Loss and Exhibits, # 4 Exhibit Declaration of Brian Prioletti and Exhibits, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit Federal Investigative Standards Released to Plaintiff)(Newton, Emily) (Entered: 07/27/2015)
2015-08-03	17	Unopposed MOTION for Extension of Time to file Opposition to Defendants' Motion for Summary Judgment by WILLIAM H. HENDERSON (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 08/03/2015)
2015-08-05		MINUTE ORDER granting 17 Plaintiff's Unopposed Motion for Extension of Time to File Opposition to Defendants' Motion for Summary Judgment. For good cause shown, and in light of the parties' consent, it is hereby ORDERED that the Plaintiff's Unopposed Motion for Extension of Time to File Opposition to Defendants' Motion for Summary Judgment is GRANTED. It is further ORDERED that the plaintiff shall file his opposition to the defendants' motion for summary judgment on or before August 31, 2015, and the defendants shall file their reply on or before September 21, 2015. Signed by Judge Reggie B. Walton on 8/5/2015. (lcrbw3, ) (Entered: 08/05/2015)
2015-08-07		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 8/31/2015. Reply to Motion for Summary Judgment due by 9/21/2015. (mpt) (Entered: 08/07/2015)
2015-08-31	18	Memorandum in opposition to re 16 MOTION for Summary Judgment filed by WILLIAM H. HENDERSON. (Attachments: # 1 Statement of Facts (Response), # 2 Text of Proposed Order)(Moss, Bradley) (Entered: 08/31/2015)
2015-09-21	19	REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by OFFICE OF PERSONNEL MANAGEMENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Newton, Emily) (Entered: 09/21/2015)
2016-02-25	20	ORDER granting 16 Motion for Summary Judgment. In accordance with the attached Order, it is hereby ORDERED that the Defendants' Motion for Summary Judgment is GRANTED. It is further ORDERED that this case is CLOSED. Signed by Judge Reggie B. Walton on 2/25/2016. (lcrbw3) (Entered: 02/25/2016)
2016-02-25	21	MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on 2/25/2016. (lcrbw3) (Entered: 02/25/2016)
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