Case Detail

FOIA Project Annotation: A federal court in Connecticut has ruled that the Justice Department conducted an adequate search and properly withheld records under Exemption 7(C) (invasion of privacy concerning law enforcement records) in response to one of two requests by Navigators Insurance Company for information about several specific cases, including two financial companies, but has so far failed to justify its search for records responsive to Navigators' second request. In July 2013, Navigators requested information from EOUSA about the outcome of four criminal cases. EOUSA told Navigators that it would neither confirm nor deny the existence of records, but that Navigators could submit a FOIA request for the records. Navigators did so several months later and the agency forwarded the request to the U.S. Attorney's Office for the District of Connecticut where the cases had been prosecuted. A month later, Navigators submitted a second FOIA request to EOUSA for records about investigations of New England Cash Dispensing Systems and Integrated Merchant Systems. That request also was forwarded to the District of Connecticut. EOUSA estimated that the number of records potentially responsive to both requests was between 3,000-5,000 pages and indicated that it would review the documents as quickly as possible. In response to Navigators' first request, EOUSA disclosed 538 pages with redactions, and disclosed 176 pages with redactions in response to the Navigators' second request. Navigators' moved to strike the affidavit of the AUSA who oversaw the agency's response because it was self-serving. The court, however, noted that the motion to strike was inappropriate and indicated that "rather, a party should state its objections to the admissibility of evidence presented at summary judgment in its briefing and the Court will rely only upon admissible evidence in ruling on a motion for summary judgment." The court then rejected Navigators' claim that the agency's failure to respond to their requests on time was a violation FOIA. The court pointed out that "plaintiffs cite no authority for the proposition that an agency's violation of FOIA's deadlines entitles the requester to automatic disclosure of the requested documents without any analysis of the agency's claimed exemptions." Explaining that "the Court agrees that the DOJ's delay in this case was egregious," the court noted that "plaintiffs here have made no claim that Defendant failed to conduct a thorough search, nor have they introduced any evidence from which such a conclusion could reasonably be reached." The court then found DOJ had failed to adequately explain its search and, as a result, refused to grant summary judgment to the agency on that issue alone. Instead, the court assessed the agency's Exemption 7(C) claims as they applied to Navigators' first request. Navigators identified the public interest in understanding how the government had prosecuted these cases and, further, how the government had determined the terms of the parties' guilty pleas. The court pointed out that "plaintiffs have made no argument regarding how the specific documents they seek here are likely to advance the interest they claim. Nor have they adduced anything more than 'a bare suspicion' that DOJ officials acted improperly by affording certain defendants preferential treatment." The court rejected Navigators' request for an in camera review, noting that "DOJ's declarations are sufficiently detailed with respect to the claimed exemptions that in camera review is unnecessary." The court granted summary judgment to the agency regarding Navigators' first request, but because the court had found the agency's explanation of its search for records responsive to its second request was inadequate, the court sent that portion of the case back to EOUSA for a further search.
Issues: Adequacy - Search, Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2015-03-05	1	COMPLAINT against Dept of Justice ( Filing fee $400 receipt number 0205-3529715.), filed by Navigators Insurance Company, Certain Interested of Underwriters at Lloyd's of London, Navigators Management (UK) LTD. (Attachments: # 1 Exhibit A-G, # 2 Exhibit Civil Cover Sheet)(Gostyla, Jeffrey) Modified on 3/6/2015 to correct defendant name (Fazekas, J.). (Entered: 03/05/2015)
2015-03-05		Request for Clerk to issue summons as to Department of Justice. (Gostyla, Jeffrey) (Entered: 03/05/2015)
2015-03-05		Judge Robert N. Chatigny added. (Oliver, T.) (Entered: 03/06/2015)
2015-03-05	2	ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Robert N. Chatigny on 3/5/15. (Attachments: # 1 E-File Attachment)(Sundie, T) (Entered: 03/06/2015)
2015-03-05	3	STANDING PROTECTIVE ORDER Signed by Judge Robert N. Chatigny on 3/5/15. (Sundie, T) (Entered: 03/06/2015)
2015-03-06	4	NOTICE TO COUNSEL: Counsel initiating or removing this action is responsible for serving all parties with attached documents and copies of 1 Complaint, filed by Navigators Management (UK) LTD, Certain Interested of Underwriters at Lloyd's of London, Navigators Ins. Co., 2 Electronic Filing Order, 3 Protective Order. Signed by Clerk on 3/6/15. (Sundie, T) (Entered: 03/06/2015)
2015-03-06	5	ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Dept of Justice* with answer to complaint due within *30* days. Attorney *Jeffrey F. Gostyla* *Halloran & Sage* *One Goodwin Sq., 225 Asylum St.* *Hartford, CT 06103*. (Sundie, T) (Entered: 03/06/2015)
2015-03-10	6	ORDER OF TRANSFER. Case reassigned to Judge Janet Bond Arterton for all further proceedings. Signed by Judge Robert N. Chatigny on 3/9/15.(Johnson, D.) Modified on 3/11/2015 to correct judge(Walker, J.). (Entered: 03/10/2015)
2015-03-17	7	NOTICE of Appearance by Vanessa Roberts Avery on behalf of Dept of Justice (Avery, Vanessa) (Entered: 03/17/2015)
2015-03-23	8	SUMMONS Returned Executed by Navigators Ins. Co., Certain Interested of Underwriters at Lloyd's of London, Navigators Management (UK) LTD. Dept of Justice served on 3/9/2015, answer due 4/8/2015. (Gostyla, Jeffrey) (Entered: 03/23/2015)
2015-04-08	9	MOTION for Extension of Time until May 8, 2015 to Answer or Respond to 1 Complaint, by Dept of Justice. (Avery, Vanessa) (Entered: 04/08/2015)
2015-04-09	10	ORDER granting 9 Motion for Extension of Time to 5/8/15. Signed by Judge Janet Bond Arterton on 4/7/15. (Tooker, A.) (Entered: 04/09/2015)
2015-04-09		Answer deadline updated for All Defendants. (Tooker, A.) (Entered: 04/09/2015)
2015-04-14	11	Supplemental SUMMONS Returned Executed by Navigators Ins. Co., Certain Interested of Underwriters at Lloyd's of London, Navigators Management (UK) LTD. (Gostyla, Jeffrey) (Entered: 04/14/2015)
2015-05-08	12	ANSWER to 1 Complaint, with Affirmative Defenses by Dept of Justice.(Avery, Vanessa) (Entered: 05/08/2015)
2015-07-28		A telephonic status conference will be held on 8/12/15 at 10:00 a.m. Defense counsel shall initiate the conference call to chambers: 203-773-2737. Status Reports shall be filed by 8/5/15. (Tooker, A.) (Entered: 07/28/2015)
2015-08-04	13	Joint STATUS REPORT by Dept of Justice. (Avery, Vanessa) (Entered: 08/04/2015)
2015-08-12	17	Minute Entry for proceedings held before Judge Janet Bond Arterton: Telephone Status Conference held on 8/12/2015. Total Time: 0 hours and 45 minutes(Court Reporter Julia Cashman.) (Villano, P.) (Entered: 08/13/2015)
2015-08-13	14	ORDER REFERRING CASE to Magistrate Judge Joan G. Margolis for Settlement Conference Signed by Judge Janet Bond Arterton on 8/12/2015.(Villano, P.) (Entered: 08/13/2015)
2015-08-13	15	SCHEDULING ORDER: The DOJ's Vaughn Index will be served on plaintiff by 8/28/15. Plaintiff's Motion for Summary Judgment will be filed by 10/1/2015; opposition will be filed by 10/23/2015; any reply will be filed by 11/6/2015.The parties are referred to Magisrate Judge Margolis for the purpose of conducting a settlement conference in September 2015. Dispositive Motions due by 10/1/2015 Signed by Judge Janet Bond Arterton on 8/12/2015.(Villano, P.) (Entered: 08/13/2015)
2015-08-13	16	NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A Settlement Conference is set for 9/21/2015 at 10:00 AM in Chambers Room 303, 141 Church St., New Haven, CT before Judge Joan G. Margolis. Parties/Party representatives must be available by telephone if unable to attend the conference. (Watson, M.) (Entered: 08/13/2015)
2015-09-15	18	NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM 9/21/2015 The Settlement Conference that was set for 9/21/2015 at 10:00am in Chambers Room 303, 141 Church St., New Haven, CT before Judge Joan G. Margolis, will now be held telephonically on 9/21/2015 at 11:30am before Judge Joan G. Margolis. Plaintiff's counsel shall initiate the conference call to Chambers with counsel on the line: (203) 773-2350. (Watson, M.) (Entered: 09/15/2015)
2015-09-17	19	NOTICE of Appearance by Meg R. Reid on behalf of Certain Interested of Underwriters at Lloyd's of London, Navigators Ins. Co., Navigators Management (UK) LTD (Reid, Meg) (Entered: 09/17/2015)
2015-09-21	20	Minute Entry for proceedings held before Judge Joan G. Margolis: Telephonic Settlement Conference held on 9/21/2015. 7 minutes. No settlement. (Watson, M.) (Entered: 09/21/2015)
2015-10-01	21	NOTICE of Appearance by Meg R. Reid on behalf of Certain Interested of Underwriters at Lloyd's of London, Navigators Ins. Co., Navigators Management (UK) LTD (Reid, Meg) (Entered: 10/01/2015)
2015-10-01	22	MOTION for Summary Judgment by Certain Interested of Underwriters at Lloyd's of London, Navigators Ins. Co., Navigators Management (UK) LTD.Responses due by 10/22/2015 (Reid, Meg) (Entered: 10/01/2015)
2015-10-01	23	Memorandum in Support re 22 MOTION for Summary Judgment filed by Certain Interested of Underwriters at Lloyd's of London, Navigators Ins. Co., Navigators Management (UK) LTD. (Reid, Meg) (Entered: 10/01/2015)
2015-10-01	24	Statement of Material Facts re 22 MOTION for Summary Judgment filed by Certain Interested of Underwriters at Lloyd's of London, Navigators Ins. Co., Navigators Management (UK) LTD. (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Exhibit A3, # 4 Exhibit A4, # 5 Exhibit B1, # 6 Exhibit B2, # 7 Exhibit B3, # 8 Exhibit B4, # 9 Exhibit B5, # 10 Exhibit B6, # 11 Exhibit B7, # 12 Exhibit B8)(Reid, Meg) (Entered: 10/01/2015)
2015-10-23	25	Memorandum in Opposition re 22 MOTION for Summary Judgment filed by Dept of Justice. (Attachments: # 1 Statement of Material Facts, # 2 Affidavit of T. Francis, # 3 Exhibit A-I, # 4 Exhibit J)(Avery, Vanessa) (Entered: 10/23/2015)
2015-11-06	26	REPLY to Response to 22 MOTION for Summary Judgment filed by Certain Interested of Underwriters at Lloyd's of London, Navigators Ins. Co., Navigators Management (UK) LTD. (Reid, Meg) (Entered: 11/06/2015)
2015-11-23	27	REPLY to Response to 22 MOTION for Summary Judgment filed by Certain Interested of Underwriters at Lloyd's of London, Navigators Ins. Co., Navigators Management (UK) LTD. (Reid, Meg) (Entered: 11/23/2015)
2015-11-23	28	MOTION to Strike 25 Memorandum in Opposition to Motion (Affidavit) by Certain Interested of Underwriters at Lloyd's of London, Navigators Ins. Co., Navigators Management (UK) LTD.Responses due by 12/14/2015 (Reid, Meg) (Entered: 11/23/2015)
2015-11-23	29	Memorandum in Support re 28 MOTION to Strike 25 Memorandum in Opposition to Motion (Affidavit) filed by Certain Interested of Underwriters at Lloyd's of London, Navigators Ins. Co., Navigators Management (UK) LTD. (Reid, Meg) (Entered: 11/23/2015)
2015-12-14	30	Memorandum in Opposition re 28 MOTION to Strike 25 Memorandum in Opposition to Motion (Affidavit) filed by Dept of Justice. (Avery, Vanessa) (Entered: 12/14/2015)
2015-12-23	31	REPLY to Response to 28 MOTION to Strike 25 Memorandum in Opposition to Motion (Affidavit) filed by Certain Interested of Underwriters at Lloyd's of London, Navigators Ins. Co., Navigators Management (UK) LTD. (Reid, Meg) (Entered: 12/23/2015)
2016-01-05	32	ORDER: Plaintiffs' Motion 22 for Summary Judgment is DENIED, their Motion 28 to Strike is denied as MOOT as to Defendant's Local 56(a)2 Statement, paragraphs 25-30, 34, the first sentence of paragraph 31, and the first sentence of paragraph 35 of Ms. Francis's declaration, and DENIED as to the second sentence of paragraphs 31 and 35, as well as paragraphs 32 and 33 of Ms. Francis's declaration. The Court grants, sua sponte, summary judgment in Defendant's favor on Count One. As to Count Two, Defendant is directed to either conduct a new search or to submit a supplemental declaration demonstrating that its original searches were reasonably calculated to uncover all relevant documents. The supplemental declaration shall be filed within thirty days of this Ruling. Signed by Judge Janet Bond Arterton on 1/5/16. (Harris, J) (Entered: 01/05/2016)
2016-01-27	33	Supplemental AFFIDAVIT re 32 Order on Motion for Summary Judgment,,,, Order on Motion to Strike,,, Signed By John B. Hughes filed by Dept of Justice. (Attachments: # 1 Exhibit A-L)(Avery, Vanessa) (Entered: 01/27/2016)
2016-01-28	34	ORDER: In light of Defendant's filing of its supplemental declaration, the Court directs Plaintiffs to show cause in written briefing filed by February 18, 2016 why the Court should not grant Defendant summary judgment sua sponte on Count Two, which would conclude this case. If no briefing is filed, the Court will consider only Defendant's supplemental declaration and its sufficiency to entitle Defendant to summary judgment on Count Two. Signed by Judge Janet Bond Arterton on 1/28/16. (Harris, J) (Entered: 01/28/2016)
2016-02-18	35	RESPONSE TO 34 CJA 30 - Appointment,,, Order,,. (Reid, Meg) (Entered: 02/18/2016)
2016-02-29	36	ORDER: Because Defendant has demonstrated that the searches it conducted were adequate, summary judgment is granted in Defendant's favor on Count Two. The Clerk is directed to close this case. Signed by Judge Janet Bond Arterton on 2/29/16. (Harris, J) (Entered: 02/29/2016)
2016-03-11	37	JUDGMENT. For Appeal Forms please go to the following website: http://www.ctd.uscourts.gov/forms/all-forms/appeals_forms Signed by Clerk on 3/11/2016.(Villano, P.) (Entered: 03/11/2016)
2016-03-11		JUDICIAL PROCEEDINGS SURVEY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Villano, P.) (Entered: 03/11/2016)
2016-03-11	38	NOTICE of Appearance by Laura Pascale Zaino on behalf of Certain Interested of Underwriters at Lloyd's of London, Navigators Ins. Co., Navigators Management (UK) LTD (Zaino, Laura) (Entered: 03/11/2016)
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