Case Detail

FOIA Project Annotation: Judge Amy Berman Jackson has ruled that EOUSA properly withheld records concerning the recusal of an Assistant U.S. Attorney and his replacement with another in the Southern District of Florida and any information as to how the change related to the trial of Hector Orlansky. EOUSA withheld the records under Exemption 5 (privileges). Jackson noted that "the Court finds the emails to be attorney work product and, thus protected from disclosure under exemption 5." She added that "nevertheless, the Court finds that defendants properly asserted the deliberative process privilege as well since the withheld emails reflect the agency's 'back and forth discussions,' pondering potential 'outcomes of [the AUSA's] recusal from certain matters." Orlansky said he really wanted to know why the AUSA recused himself. Jackson observed, however, that "FOIA authorizes access to existing agency records notwithstanding the requester's need or purpose and it confers limited jurisdiction on the court 'to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld.' Consequently, the Court cannot compel defendants 'to answer questions. . or to create documents or opinions in response to [plaintiff's] request for information.'"
Issues: Exemption 5 - Privileges - Attorney work-product privilege

Date Filed	Doc #	Docket Text
2015-04-28	1	COMPLAINT against DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FREEDOM OF INFORMATION & PRIVACY STAFF (Filing fee $ 0.00) filed by HECTOR ORLANSKY. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 04/29/2015)
2015-04-28	2	MOTION for Leave to Proceed in forma pauperis by HECTOR ORLANSKY (jf, ) (Entered: 04/29/2015)
2015-04-28	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by HECTOR ORLANSKY (jf, ) (Entered: 04/29/2015)
2015-04-28	4	ORDER directing an initial partial filing fee in the amount of $21.21 from Prison Account of Hector Orlansky; further ordered, granting 2 MOTION for Leave to Proceed in forma pauperis. Signed by Judge Amit P. Mehta on 04/20/2015. (see order for full detail) (jf, ) (Entered: 04/29/2015)
2015-04-29		SUMMONS (4) Issued as to DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FREEDOM OF INFORMATION & PRIVACY STAFF, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 04/29/2015)
2015-05-05	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY served on 5/1/2015, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/1/2015., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/1/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 6/30/2015.) (rdj) (Entered: 05/06/2015)
2015-05-18	6	NOTICE of Appearance by William Mark Nebeker on behalf of DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FREEDOM OF INFORMATION & PRIVACY STAFF (Nebeker, William) (Entered: 05/18/2015)
2015-05-27	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 5/26/2015 (jf) (Entered: 05/28/2015)
2015-07-06	9	MOTION for Summary Judgment by HECTOR ORLANSKY (jf) (Entered: 07/08/2015)
2015-07-07	8	MOTION for Extension of Time to File Answer re 1 Complaint by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FREEDOM OF INFORMATION & PRIVACY STAFF (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 07/07/2015)
2015-07-07		MINUTE ORDER granting 8 Motion for Extension of Time to Answer. It is ORDERED that the defendants' answer or other response to the complaint is due August 13, 2015. Signed by Judge Amy Berman Jackson on 7/7/15. (DMK) (Entered: 07/07/2015)
2015-07-08		Set/Reset Deadlines: Defendants' Answer or other Response to the Complaint is now due by 8/13/2015. (jth) (Entered: 07/08/2015)
2015-07-09	10	Memorandum in opposition to re 9 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FREEDOM OF INFORMATION & PRIVACY STAFF. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 07/09/2015)
2015-07-10		MINUTE ORDER denying without prejudice 9 Motion for Summary Judgment. Pursuant to the terms of the July 7, 2015 minute order, defendant has until August 13, 2015 to respond to the complaint, at which time the Court will set a schedule for further proceedings. Signed by Judge Amy Berman Jackson on 7/10/15. (DMK) (Entered: 07/10/2015)
2015-08-13	11	MOTION to Dismiss Or, In The Alternative , MOTION for Summary Judgment by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FREEDOM OF INFORMATION & PRIVACY STAFF (Attachments: # 1 Declaration Stone, # 2 Declaration Cuadros, # 3 Text of Proposed Order)(Nebeker, William) (Entered: 08/13/2015)
2015-08-17	12	Order advising the plaintiff to respond by September 30, 2015, to the defendants' dispositive motion or risk summary dismissal of the case or entry of judgment for the defendants on what will be treated as a conceded motion (see written order for details). Signed by Judge Amy Berman Jackson on 8/17/15.(ah) (Entered: 08/17/2015)
2015-08-18		Set/Reset Deadlines: Plaintiff's Response to Defendants' Dispositive Motion is due by 9/30/2015. (jth) (Entered: 08/18/2015)
2015-08-31	13	RESPONSE re 11 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by HECTOR ORLANSKY. (jf) (Entered: 09/01/2015)
2015-09-08	14	MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FREEDOM OF INFORMATION & PRIVACY STAFF (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 09/08/2015)
2015-09-09		MINUTE ORDER granting 14 Motion for Extension of Time to File Reply. It is ORDERED that defendant's reply is due by October 13, 2015. Signed by Judge Amy Berman Jackson on 9/9/15. (DMK) (Entered: 09/09/2015)
2015-09-09		Set/Reset Deadlines: Defendant's Reply in support of its Dispositive Motion is due by 10/13/2015. (jth) (Entered: 09/09/2015)
2015-10-06	15	MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FREEDOM OF INFORMATION & PRIVACY STAFF (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 10/06/2015)
2015-10-06		MINUTE ORDER granting 15 Motion for Extension of Time to File Reply. It is ORDERED that defendant's reply is due by November 3, 2015. Signed by Judge Amy Berman Jackson on 10/6/15. (DMK) (Entered: 10/06/2015)
2015-10-06		Set/Reset Deadlines: Reply due by 11/3/2015. (tb) (Entered: 10/06/2015)
2015-10-16	16	Memorandum in opposition to re 15 MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by HECTOR ORLANSKY. (jf) (Entered: 10/20/2015)
2015-11-03	17	MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FREEDOM OF INFORMATION & PRIVACY STAFF (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 11/03/2015)
2015-11-04		MINUTE ORDER granting 17 Motion for Extension of Time to File Reply. It is ORDERED that defendant's reply for it motion to dismiss or, in the alternative, for summary judgment is due by November 13, 2015. Signed by Judge Amy Berman Jackson on 11/4/15. (DMK) (Entered: 11/04/2015)
2015-11-04		Set/Reset Deadlines: Defendant's Reply in Support of its Motion to Dismiss or, in the Alternative, for Summary Judgment is due by 11/13/2015. (jth) (Entered: 11/04/2015)
2015-11-13	18	REPLY to opposition to motion re 11 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, FREEDOM OF INFORMATION & PRIVACY STAFF. (Attachments: # 1 Declaration Brinkmann Decl., # 2 Declaration Supplemental Stone Decl.)(Nebeker, William) (Entered: 11/13/2015)
2015-11-16	19	Memorandum in opposition to re 17 MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by HECTOR ORLANSKY. (jf) (Entered: 11/18/2015)
2015-12-09	20	SURREPLY to re 11 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by HECTOR ORLANSKY. "Leave to file GRANTED, But the court notes that sur replies are not provided for in the rules and this matter is now fully briefed" signed by Judge Amy B. Jackson on 12/7/2015 (jf) (Entered: 12/10/2015)
2015-12-10	21	MOTION for Leave to File a SUR-REPLY by HECTOR ORLANSKY (zrdj) (Entered: 12/14/2015)
2015-12-15		MINUTE ORDER granting 21 Motion for Leave to File Surreply. The Court states again that this matter is now fully briefed and plaintiff may not file any more pleadings in response to the motion to dismiss until the Court has ruled on the motion. Signed by Judge Amy Berman Jackson on 12/15/15. (DMK) (Entered: 12/15/2015)
2015-12-15	22	SURREPLY to re 11 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by HECTOR ORLANSKY. (See Docket Entry 21 for incorporated document). (znmw) (Entered: 12/16/2015)
2016-03-09	23	ORDER granting 11 Defendants' Motion for Summary Judgment and entering judgment for the Defendants for the reasons stated in the Memorandum Opinion issued separately this day. Signed by Judge Amy Berman Jackson on 3/9/16.(ah) (Entered: 03/09/2016)
2016-03-09	24	MEMORANDUM OPINION accompanying final order issued separately this day. Signed by Judge Amy Berman Jackson on 3/9/16.(ah) (Entered: 03/09/2016)
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