Case Detail

FOIA Project Annotation: Judge Beryl Howell has ruled that the FBI properly issued a Glomar response neither confirming nor denying the existence of records concerning Peter Caporino, an associate of mobster Louis Manna, who was convicted in 1989. Caporino testified at the 2006 trial of Michael Crincoli that he had provided information to the government concerning Manna prior to his prosecution. Manna then requested all information Caporino had given law enforcement agents. The FBI issued a Glomar response and its decision was upheld by OIP on appeal. Howell first dismissed Manna's claim that the agency had acted arbitrarily and capriciously under the APA. She noted that "there exists in the FOIA an adequate remedy for the complained-of agency action, and thus the plaintiff has failed to state a claim for relief under the APA." She found the FBI had three categories of records that might be responsive to Manna's request, but concluded that Manna had not shown any public interest in disclosure that would outweigh the invocation of a Glomar response. She rejected Manna's contention that Caporino had waived his privacy interests by testifying in public. Instead, she pointed out that "in this case, Caporino's disclosure consisted only of the fact that, prior to 2002, he had served as a confidential informant to the FBI for a period of more than fifteen years and assisted in the plaintiff's prosecution. Even assuming Caporino's disclosure would otherwise qualify as 'officially acknowledged' information, the plaintiff 's request for 'any information provided by Peter Caporino from the outset of his opening as an informant for the government up to an including [2014] ' far exceeds the scope of that disclosure."
Issues: Determination - Glomar response

Date Filed	Doc #	Docket Text
2015-05-29	1	COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400, receipt number 4616070542) filed by LOUIS ANTHONY MANNA. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 06/01/2015)
2015-06-01		SUMMONS (7) Issued as to FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 06/01/2015)
2015-06-01	2	STANDING ORDER. Signed by Judge Beryl A. Howell on June 1, 2015. (lcbah2) (Entered: 06/01/2015)
2015-07-14	3	ANSWER to 1 Complaint by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order Proposed schedule)(George, Jodi) (Entered: 07/14/2015)
2015-07-14	4	NOTICE of Proposed Scheduling Order by U.S. DEPARTMENT OF JUSTICE. (znmw) (Entered: 07/15/2015)
2015-07-15		MINUTE ORDER (paperless) ISSUING the following SCHEDULING ORDER to control the timing of proceedings in this matter, pursuant to the defendant's 4 Proposed Schedule for Filing Dispositve Motions: Defendant shall file its motion for summary judgment by September 4, 2015. The plaintiff shall file his opposition by October 9, 2015. The defendant shall file its reply by October 16, 2015. Signed by Judge Beryl A. Howell on July 15, 2015. (lcbah2) (Entered: 07/15/2015)
2015-07-15		Set/Reset Deadlines: Summary Judgment motions due by 9/4/2015; Opposition to Motion for Summary Judgment due by 10/9/2015 Reply due by 10/16/2015. (tg) (Entered: 07/15/2015)
2015-08-18	5	MOTION to Appoint Counsel by LOUIS ANTHONY MANNA "Leave to file GRANTED As motion for Appointment of Counsel", by Judge Beryl A. Howell (zrdj) (Entered: 08/19/2015)
2015-08-19	6	ORDER DENYING the plaintiff's 5 Motion to Appoint Counsel. See Order for further details. Signed by Judge Beryl A. Howell on August 19, 2015. (lcbah2) (Entered: 08/19/2015)
2015-08-28	7	Letter to the Court from LOUIS ANTHONY MANNA "Let this be filed" by Judge Amit P. Mehta (zrdj) (Entered: 08/28/2015)
2015-08-28		MINUTE ORDER (paperless) DENYING, without prejudice, the plaintiff's 7 Letter to the Court, which the Court construes as a Motion for Extension of Time to File an Opposition to the Defendant's Motion for Summary Judgment. In the event that the plaintiff remains in administrative detention and is unable to file his opposition by October 9, 2015, the plaintiff is permitted to file a motion for extension of time explaining his inability to meet the filing deadline imposed under the Court's July 15, 2015, Scheduling Order. Signed by Judge Beryl A. Howell on August 28, 2015. (lcbah2) (Entered: 08/28/2015)
2015-08-31		Set/Reset Deadline: In the event that the plaintiff remains in administrative detention and is unable to file his opposition by 10/09/2015, the plaintiff is permitted to file a motion for extension of time explaining his inability to meet the filing deadline imposed under the Court's 7/15/2015, Scheduling Order. (ad) (Entered: 08/31/2015)
2015-08-31	8	MOTION for Extension of Time to file Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (George, Jodi) (Entered: 08/31/2015)
2015-09-01		MINUTE ORDER (paperless) GRANTING the defendant's 8 Motion for Extension of Time to File Motion for Summary Judgment. The defendant shall file any motion for summary judgment by October 9, 2015. The plaintiff shall file any opposition by November 13, 2015. The defendant shall file any reply by November 20, 2015. Signed by Judge Beryl A. Howell on September 1, 2015. (lcbah2) (Entered: 09/01/2015)
2015-09-02		Set/Reset Deadlines: The defendant shall file any motion for summary judgment by 10/09/2015. The plaintiff shall file any opposition by 11/13/2015. The defendant shall file any reply by 11/20/2015. (ad) (Entered: 09/02/2015)
2015-10-08	9	MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (George, Jodi) (Entered: 10/08/2015)
2015-10-09		MINUTE ORDER (paperless) GRANTING the defendant's 9 Motion for Extension of Time to File Motion for Summary Judgment. The defendant shall file any motion for summary judgment by October 16, 2015. Signed by Judge Beryl A. Howell on October 9, 2015. (lcbah2) (Entered: 10/09/2015)
2015-10-14		Set/Reset Deadlines: Defendant's Summary Judgment motion due by 10/16/2015. (tg) (Entered: 10/14/2015)
2015-10-16	10	MOTION to Dismiss , MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration David M. Hardy & Exhibits)(George, Jodi) (Entered: 10/16/2015)
2015-11-16	11	ORDER advising the plaintiff to respond to the defendant's 10 Motion for Summary Judgment and Motion to Dismiss, by November 30, 2015, or the Court may grant the motion as conceded. The defendant shall file any reply by December 7, 2015. See Order for further details. Signed by Judge Beryl A. Howell on November 16, 2015. (lcbah2) (Entered: 11/16/2015)
2015-11-16	12	Memorandum in opposition to re 10 MOTION to Dismiss MOTION for Summary Judgment filed by LOUIS ANTHONY MANNA. (Attachments: # 1 Exhibit A-F, # 2 Exhibit G-L, # 3 Exhibit M, # 4 Exhibit N-V)(zrdj) (Entered: 11/20/2015)
2015-11-17		Set/Reset Deadlines: Plaintiff's Response to Motion for Summary Judgment and Dispositive Motion due by 11/30/2015; Defendant's Reply due by 12/7/2015. (tg) (Entered: 11/17/2015)
2015-12-07	13	REPLY to opposition to motion re 10 MOTION to Dismiss MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (George, Jodi) (Entered: 12/07/2015)
2015-12-29	14	NOTICE OF SUBSTITUTION OF COUNSEL by Britney Berry on behalf of All Defendants Substituting for attorney Jodi George (Berry, Britney) (Entered: 12/29/2015)
2016-05-13	15	NOTICE OF SUBSTITUTION OF COUNSEL by Michael Benjamin Posner on behalf of FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE Substituting for attorney Britney Berry (Posner, Michael) (Entered: 05/13/2016)
2016-07-06	16	Memorandum in opposition to re 10 MOTION to Dismiss MOTION for Summary Judgment filed by LOUIS ANTHONY MANNA. "Leave to file GRANTED" by Chief Judge Beryl A. Howell (zrdj) (Entered: 07/06/2016)
2016-08-30	17	Letter to the Court from LOUIS ANTHONY MANNA "LET THIS BE FILED" by Judge Amit P. Mehta (zrdj) (Entered: 08/30/2016)
2016-09-15	18	ORDER GRANTING the defendant's 10 Motion to Dismiss; GRANTING the defendant's 10 Motion for Summary Judgment. See Order for further details. Signed by Chief Judge Beryl A. Howell on September 15, 2016. (lcbah2) (Entered: 09/15/2016)
2016-09-15	19	MEMORANDUM OPINION regarding the defendant's 10 Motion for Summary Judgment and Motion to Dismiss. Signed by Chief Judge Beryl A. Howell on September 15, 2016. (lcbah2) (Entered: 09/15/2016)
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