Case Detail

FOIA Project Annotation: A federal court in New Jersey has ruled that the FBI and EOUSA have so far failed to substantiate their exemption claim in the government's Vaughn provided in response to Christopher Rad's requests for records pertaining to his criminal conviction. The court found the agencies had shown that they conduct an adequate search for records, but that they had not provided sufficient explanations for their exemption claims. The court indicated that "the indexes condense hundreds of documents into just a few broad categories, such that it is unclear which entry in the Vaughn index contains the specific information Plaintiff is seeking. This problem is compounded by the lack of any records for the Court to personally examine." The court also rejected Rad's motion for summary judgment. The court pointed out that "Plaintiff's broadly-worded FOIA requests include grand jury records and third parties' private account information, both of which are very likely to be covered by FOIA exemptions."
Issues: Litigation - Vaughn index

FOIA Project Annotation: A federal court in New Jersey has ruled that the Executive Office for U.S. Attorneys and the FBI properly withheld records concerning Christopher Rad's conviction as part of an E-gold investigation under Exemption 3 (other statutes), Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(E) (investigative methods and techniques). Rad's request focused on subpoenas and records that were used during his conviction. The court found the agency had properly claimed Rule 6(e) on grand jury secrecy to protect most of the records, noting that "the release of information contained in these documents has the potential to reveal substantive information about a grand jury investigation." The court found that personally-identifying information had been properly redacted under Exemption 7(C). Rad argued the FBI had not done enough to ascertain whether the individuals were still alive. Rejecting Rad's assertion, the court observed that "defendant has undertaken substantial efforts to attempt to ascertain the life status of relevant individuals here, including searching an external database named Consolidated Lead Evaluations and Reporting. The Court is satisfied that the Government's efforts were reasonable, and the Court declines to require the relevant agencies to affirmatively demonstrate the life status of the individuals involved here."
Issues: Exemption 3 - Limited agency discretion, Exemption 7(E) - Investigative methods or techniques

Date Filed	Doc #	Docket Text
2015-04-06	1	Complaint Received. No IFP Application submitted. (Attachments: # 1 Cover Letter, # 2 Exhibit, # 3 Envelope)(km, ) (Entered: 04/07/2015)
2015-04-15	2	ORDER DENYING Application for In Forma Pauperis; ORDERED that the Clerk of the Court shall administratively terminate this case; ORDERED that if Plaintiff wishes to reopen this case, he shall so notify the Court, in writing addressed to the Clerk of the Court, Clarkson S. Fisher Building & U.S. Courthouse 402 East State Street Trenton, NJ 08608 within 30 days of the date of entry of this Order. Signed by Judge Anne E. Thompson on 4/14/2015. (kas, ) (Entered: 04/15/2015)
2015-04-15		***Civil Case Terminated. (kas, ) (Entered: 04/15/2015)
2015-04-24	3	Letter from Chris Rad regarding the in forma pauperis application. The Clerk will forward Pltf another application. (eaj) Modified on 4/26/2015 (gxh, ). (Entered: 04/24/2015)
2015-04-28	4	Letter from Chris Rad enclosing an Affidavit of Poverty and requesting that the matter be reopened. (mmh) (Entered: 04/28/2015)
2015-04-30		REOPENING CASE: The Clerk is in receipt of the re 4 Letter filed on 04/28/2015 and hereby reopens the case for review by a Judicial Officer. (djn) (Entered: 04/30/2015)
2015-05-06	5	OPINION filed. Signed by Judge Anne E. Thompson on 5/6/2015. (mmh) (Entered: 05/06/2015)
2015-05-06	6	ORDER that Plaintiff's application to proceed in forma pauperis (Doc. Nos. 1 , 4 ) is hereby GRANTED. Signed by Judge Anne E. Thompson on 5/6/2015. (mmh) (Entered: 05/06/2015)
2015-05-06		COMPLAINT filed. See docket entry 1 for Complaint.(mmh) (Entered: 05/08/2015)
2015-05-29	7	SUPPLEMENTAL ORDER that the Clerk shall issue summons and the United States Marshal shall serve summons and copies of the Complaint, this Order, and the Court's Opinion and Order of May 6, 2015 upon the Defendants. Signed by Judge Anne E. Thompson on 5/28/2015. (mmh) (Entered: 05/29/2015)
2015-05-29	8	CLERK'S LETTER: Transmittal of USM 285 Forms. (mmh) (Entered: 05/29/2015)
2015-06-09	9	Letter from Chris Rad requesting five subpoenas. **Mailed to Plaintiff. (mmh) (Entered: 06/09/2015)
2015-06-29	10	Letter from Chris Rad requesting the status of service of his complaint. (eaj) (Entered: 06/29/2015)
2015-07-27	11	Letter from Chris Rad enclosing copies of summons and complaint to be served. **Clerk's note: The Clerk has RE-MAILED USM 285 Transmittal Letter, USM 285 Forms and sample USM 285 to Plaintiff. (mmh) (Entered: 07/28/2015)
2015-08-13	12	SUMMONS ISSUED as to MARK COYEN, UNITED STATES ATTORNEY'S OFFICE Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *Melissa M. Haneke* Forwarded to USMS. (mmh) (Entered: 08/13/2015)
2015-08-24	13	SUMMONS Returned Executed by USMS. MARK COYEN served on 8/19/2015, answer due 10/19/2015; UNITED STATES ATTORNEY'S OFFICE served on 8/19/2015, answer due 10/19/2015. (mmh) (Entered: 08/25/2015)
2015-09-17	14	Application and Proposed Order for Clerk's Order to extend time to answer as to all defendants. Attorney KRISTIN LYNN VASSALLO for MARK COYEN,KRISTIN LYNN VASSALLO for UNITED STATES ATTORNEY'S OFFICE added. (VASSALLO, KRISTIN) (Entered: 09/17/2015)
2015-09-18		Clerk`s Text Order - The document 14 Application for Clerk's Order to Ext Answer/Proposed Order submitted by MARK COYEN, UNITED STATES ATTORNEY'S OFFICE has been GRANTED. The answer due date has been set for 10/2/2015. (mmh) (Entered: 09/18/2015)
2015-09-25	15	Letter from Plaintiff re: Interrogatories. (mmh) (Entered: 09/25/2015)
2015-09-28	16	ORDER that Plaintiffs application to compel is DENIED. Signed by Magistrate Judge Douglas E. Arpert on 9/28/2015. (kas, ) (Entered: 09/28/2015)
2015-09-28	17	MOTION to Compel Answers to Interrogatories by CHRISTOPHER RAD. (mmh) (Entered: 09/29/2015)
2015-09-29		Set Deadlines as to 17 MOTION to Compel Answers to Interrogatories. Motion set for 11/2/2015 before Magistrate Judge Douglas E. Arpert. The motion will be decided on the papers. No appearances required unless notified by the court. (mmh) (Entered: 09/29/2015)
2015-09-30	18	ORDER DENYING 17 Motion to Compel. Signed by Magistrate Judge Douglas E. Arpert on 9/30/2015. (kas, ) (Entered: 09/30/2015)
2015-10-02	19	ANSWER to Complaint by MARK COYEN, UNITED STATES ATTORNEY'S OFFICE. (Attachments: # 1 Certificate of Service)(VASSALLO, KRISTIN) (Entered: 10/02/2015)
2015-10-13	20	RESPONSE by Christopher Rad re 19 Answer to Complaint. (mmh) (Entered: 10/14/2015)
2015-10-15	21	LETTER ORDER re: docket entry 20 . Advising Plaintiff that if he would like to make a formal motion he must do so following the Court's rules. Signed by Judge Anne E. Thompson on 10/15/2015. (mmh) (Entered: 10/15/2015)
2015-10-19	22	MOTION for Reconsideration re 18 Order on Motion to Compel by CHRISTOPHER RAD. (Attachments: # 1 Cover Letter)(mmh) (Entered: 10/19/2015)
2015-10-19		Set Deadlines as to 22 MOTION for Reconsideration re 18 Order on Motion to Compel. Motion set for 11/16/2015 before Magistrate Judge Douglas E. Arpert. The motion will be decided on the papers. No appearances required unless notified by the court. (mmh) (Entered: 10/19/2015)
2015-10-19	23	MOTION to Compel Answers to Interrogatories and Subpoenaed Documents by CHRISTOPHER RAD. (Attachments: # 1 Cover Letter)(mmh) (Entered: 10/19/2015)
2015-10-19		Set Deadlines as to 23 MOTION to Compel Answers to Interrogatories and Subpoenaed Documents. Motion set for 11/16/2015 before Magistrate Judge Douglas E. Arpert. The motion will be decided on the papers. No appearances required unless notified by the court. (mmh) (Entered: 10/19/2015)
2015-10-26	24	MOTION to Compel Answers to Interrogatories and Subpoenaed Documents by CHRISTOPHER RAD. (mmh) (Entered: 10/26/2015)
2015-10-26		Set Deadlines as to 24 MOTION to Compel Answers to Interrogatories and Subpoenaed Documents. Motion set for 12/7/2015 before Magistrate Judge Douglas E. Arpert. The motion will be decided on the papers. No appearances required unless notified by the court. (mmh) (Entered: 10/26/2015)
2015-11-02	25	RESPONSE in Opposition filed by MARK COYEN, UNITED STATES ATTORNEY'S OFFICE re 24 MOTION to Compel Answers to Interrogatories and Subpoenaed Documents, 23 MOTION to Compel, 22 MOTION for Reconsideration re 18 Order on Motion to Compel (VASSALLO, KRISTIN) (Entered: 11/02/2015)
2016-01-12	26	Letter from Chris Rad to Judge Arpert. (mmh) (Entered: 01/12/2016)
2016-02-03	27	Letter from the Government regarding plaintiff's request. (VASSALLO, KRISTIN) (Entered: 02/03/2016)
2016-02-16	28	RESPONSE by Chris Rad re 27 Letter. (mmh) (Entered: 02/17/2016)
2016-03-08	29	ORDER Plaintiff's motion for reconsideration [ECF No. 22 ], Plaintiff's motions to compel [ECF Nos. 23 and 24 ]; and Plaintiff's informal letter applications to compel are DENIED; that no later than March 11, 2016, Defendants are to submit a proposed schedule for production of a Vaughn Index and the filing of a summary judgment motion; that any response from Plaintiff with respect to Defendants' proposal should be submitted no later than March 25, 2016. Signed by Magistrate Judge Douglas E. Arpert on 3/8/2016. (mmh) (Entered: 03/08/2016)
2016-03-11	30	Letter from the Government concerning proposed motion schedule. (VASSALLO, KRISTIN) (Entered: 03/11/2016)
2016-03-14	31	LETTER ORDER permitting the Government to produce a Vaughn index and file a summary judgment motion by 4/15/2016 with opposition due by 5/23/2016. Signed by Magistrate Judge Douglas E. Arpert on 3/14/2016. (mmh) (Entered: 03/14/2016)
2016-03-18	32	MOTION for Preliminary Injunction by CHRISTOPHER RAD. (mmh) (Entered: 03/18/2016)
2016-03-18		Set Deadlines as to 32 MOTION for Preliminary Injunction. Motion set for 4/18/2016 before Judge Anne E. Thompson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mmh) (Entered: 03/18/2016)
2016-03-23	33	Letter from the Government seeking permission to respond to plaintiff's PI motion in its motion for summary judgment. (VASSALLO, KRISTIN) (Entered: 03/23/2016)
2016-03-24	34	LETTER ORDER granting the Government's request to address the preliminary injunction motion in its summary judgment papers on 4/15 rather than in a separate submission filed before that date. Signed by Magistrate Judge Douglas E. Arpert on 3/24/2016. (mmh) (Entered: 03/24/2016)
2016-04-15	35	MOTION for Summary Judgment by MARK COYEN, UNITED STATES ATTORNEY'S OFFICE. Responses due by 5/23/2016 (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service, # 3 Notice to Pro Se Opposing Summary Judgment, # 4 Local Rule 56.1 Statement, # 5 Brief, # 6 Declaration of Brooke Klag, # 7 Declaration of Gisele Bryant, # 8 Declaration of David Hardy, # 9 Exhibit Exhibits A-C to Hardy Declaration, # 10 Declaration of Princina Stone, # 11 Exhibit Exhibits A-E to Stone Declaration)(VASSALLO, KRISTIN) (Entered: 04/15/2016)
2016-04-15	36	Letter from the Government seeking permission to provide supplemental declarations in support of summary judgment motion. (VASSALLO, KRISTIN) (Entered: 04/15/2016)
2016-04-18		Set Deadlines as to 35 MOTION for Summary Judgment. Motion set for 6/20/2016 before Judge Anne E. Thompson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mmh) (Entered: 04/18/2016)
2016-04-26	37	LETTER ORDER permitting the Government until 5/20/2016 to provide supplemental declarations from both EOUSA and FOIA addressing certain additional documents. Signed by Judge Anne E. Thompson on 4/25/2016. (mmh) (Entered: 04/26/2016)
2016-05-09	38	Letter from Chris Rad to Judge Thompson requesting an additional 30 days to submit opposition to Defendants' Motion for Summary Judgment. (mmh) (Entered: 05/09/2016)
2016-05-19	39	LETTER ORDER granting Plaintiff's request for a response time of 30 days from the time he receives Defendant's supplement to the Motion for Summary Judgment. Signed by Judge Anne E. Thompson on 5/17/2016. (mmh) Modified on 5/19/2016 (gxh). (Entered: 05/19/2016)
2016-05-20	40	AFFIDAVIT in Support filed by MARK COYEN, UNITED STATES ATTORNEY'S OFFICE re 35 MOTION for Summary Judgment Supplemental Declaration of Princina Stone (Attachments: # 1 Exhibit Exhibits F-H, # 2 Certificate of Service)(VASSALLO, KRISTIN) (Entered: 05/20/2016)
2016-05-20	41	AFFIDAVIT in Support filed by MARK COYEN, UNITED STATES ATTORNEY'S OFFICE re 35 MOTION for Summary Judgment Supplemental Declaration of David Hardy (Attachments: # 1 Exhibit Exhibits D and E)(VASSALLO, KRISTIN) (Entered: 05/20/2016)
2016-06-08	42	RESPONSE in Opposition filed by CHRISTOPHER RAD re 35 MOTION for Summary Judgment. (mmh) (Entered: 06/08/2016)
2016-06-22	43	REPLY to Response to Motion filed by MARK COYEN, UNITED STATES ATTORNEY'S OFFICE re 35 MOTION for Summary Judgment (Attachments: # 1 Affidavit Third Declaration of David Hardy, # 2 Third Hardy Declaration Ex. F)(VASSALLO, KRISTIN) (Entered: 06/22/2016)
2016-06-22	44	REPLY to Response to Motion filed by MARK COYEN, UNITED STATES ATTORNEY'S OFFICE re 35 MOTION for Summary Judgment Certificate of Service (VASSALLO, KRISTIN) (Entered: 06/22/2016)
2016-07-05	45	Letter response to Government's 6/22/2016 letter from Chris Rad. (km) (Entered: 07/05/2016)
2016-07-13	46	OPINION filed. Signed by Judge Anne E. Thompson on 7/13/2016. (mmh) (Entered: 07/13/2016)
2016-07-13	47	ORDER denying 32 Motion for Preliminary Injunction; denying without prejudice 35 Motion for Summary Judgment. Signed by Judge Anne E. Thompson on 7/13/2016. (mmh) (Entered: 07/13/2016)
2016-07-25	48	Letter by Chris Rad re 46 Opinion. (mmh) (Entered: 07/25/2016)
2016-07-26	49	Letter from the Government seeking clarification of the Court's July 13, 2016 opinion. (VASSALLO, KRISTIN) (Entered: 07/26/2016)
2016-07-26	50	ORDER re 48 Letter. The Court is unable to order the relief requested based on a letter submission; directing Plaintiff to file a formal motion, if he so desires, in accordance with Local Civil Rule 7.1. Signed by Judge Anne E. Thompson on 7/26/2016. (mmh) (Entered: 07/26/2016)
2016-08-11	51	MOTION to Order Production for In Camera Review by CHRISTOPHER RAD. (km) (Entered: 08/11/2016)
2016-08-11		Set Deadlines as to 51 MOTION to Order Production for In Camera Review. Motion set for 9/6/2016 before Judge Anne E. Thompson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (km) (Entered: 08/11/2016)
2016-08-25	52	LETTER ORDER advising Ms. Vassallo that the Court believes that she has correctly interpreted Mr. Rad's submissions as narrowing his suit to solely concern all records concerning Trevor Ruiz; directing that if she wishes to submit a motion for summary judgment she may do so within 10 days. Signed by Judge Anne E. Thompson on 8/25/2016. (mmh) Modified on 8/25/2016 (mmh). (Entered: 08/25/2016)
2016-08-25	53	Letter from the Government seeking an extension to file a renewed summary judgment motion. (VASSALLO, KRISTIN) (Entered: 08/25/2016)
2016-08-26	54	LETTER ORDER granting the Government's request for an extension of time, until 9/23/2016, to submit a renewed summary judgment motion that addresses the two remaining categories of documents as well as any issues raised by Mr. Rad in his motion for in camera review. Signed by Judge Anne E. Thompson on 8/26/2016. (mmh) (Entered: 08/26/2016)
2016-08-29	55	LETTER ORDER advising petitioner that he need not submit anything else; the Court will consider the 2255 petition in due course. Signed by Judge Anne E. Thompson on 8/29/2016. (mmh) (Entered: 08/29/2016)
2016-09-23	56	MOTION for Summary Judgment by UNITED STATES ATTORNEY'S OFFICE. Responses due by 10/3/2016 (Attachments: # 1 Notice to Pro Se Opposing Summary Judgment, # 2 Text of Proposed Order, # 3 Local Rule 56.1 Statement, # 4 Declaration of Princina Stone, # 5 Stone Declaration Exhibits A-H, # 6 Declaration of David Hardy, # 7 Hardy Declarations Exhibits A-D, F-I, # 8 Brief, # 9 Certificate of Service)(VASSALLO, KRISTIN) (Entered: 09/23/2016)
2016-09-26		Set Deadlines as to 56 MOTION for Summary Judgment . Motion set for 10/17/2016 before Judge Anne E. Thompson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mmh) (Entered: 09/26/2016)
2016-09-26	57	Letter from the Government seeking permssion to file corrected declaration. (Attachments: # 1 Corrected Fourth Declaration of David Hardy, # 2 Exhibits A-D, F-I)(VASSALLO, KRISTIN) (Entered: 09/26/2016)
2016-09-27	58	LETTER ORDER granting the Government's request for leave to submit a corrected version of the Fourth Declaration of David Hardy in support of the Government's summary judgment motion. Signed by Judge Anne E. Thompson on 9/27/2016. (mmh) (Entered: 09/27/2016)
2016-10-03	59	RESPONSE in Opposition filed by CHRISTOPHER RAD re 56 MOTION for Summary Judgment. (mmh) (Main Document 59 replaced on 10/3/2016) (mmh). (Entered: 10/03/2016)
2016-10-07	60	Letter from the Government seeking an extension of time to file a reply brief. (VASSALLO, KRISTIN) (Entered: 10/07/2016)
2016-10-11	61	LETTER ORDER granting the Government's request for an extension of time, until 10/21/2016, to submit its reply brief in support of the Government's renewed motion for summary judgment. Signed by Judge Anne E. Thompson on 10/10/2016. (mmh) (Entered: 10/11/2016)
2016-10-20	62	Letter from Christopher Rad re: subpoenaed Skype records. (mmh) (Entered: 10/20/2016)
2016-10-21	63	REPLY to Response to Motion filed by UNITED STATES ATTORNEY'S OFFICE re 56 MOTION for Summary Judgment (VASSALLO, KRISTIN) (Entered: 10/21/2016)
2016-11-04	64	Sur-Reply to 56 Government Motion for Summary Judgment. (mmh) (Entered: 11/04/2016)
2017-01-31	65	OPINION filed. Signed by Judge Anne E. Thompson on 1/31/2017. (mmh) (Entered: 01/31/2017)
2017-01-31	66	JUDGMENT denying 51 Motion to Order Production for In Camera Review; granting 56 Motion for Summary Judgment. Judgment is entered in favor of Defendant United States Attorney's Office as to all remaining claims against Defendant; Plaintiff's Complaint is DISMISSED and this case is CLOSED. Signed by Judge Anne E. Thompson on 1/31/2017. (mmh) (Entered: 01/31/2017)
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