Case Detail

FOIA Project Annotation: A federal magistrate judge in New York has ruled that the Executive Office for U.S. Attorneys properly withheld records from William Sorin, convicted of backdating stock options when he was the attorney for Comverse Technology, under Exemption 3 (other statutes), Exemption 5 (privileges), Exemption 6 (invasion of privacy), and Exemption 7(C) (invasion of privacy concerning law enforcement records). Sorin requested records related to his prosecution. The agency found 36 boxes of documents relating to Sorin's prosecution, as well as that of his co-defendant, Jacob "Kobe" Alexander, who had fled to Namibia after his indictment. Because of the volume of records involved, the parties agreed to narrow the scope of the request. As a result of the stipulated searches, the agency located 500 pages. It released 28 pages and withheld 482 pages on the grounds that they would either violate grand jury secrecy or interfere with Alexander's ongoing proceedings. After Alexander's criminal conviction became final, DOJ released an additional 165 documents and withheld 203 pages. Magistrate Judge Gabriel Gorenstein found that Rule 6(e) protecting grand jury secrecy applied to many of the records. He noted that Sorin's primary objection was the conduct of the law firm Dickstein Shapiro, which was hired to help the government. Gorenstein pointed out that "Sorin's allegations of DOJ misfeasance as they relate to these documents do not turn on matters that occurred 'before' the grand jury, but instead concern the allegedly improper relationship between DOJ and Dickstein Shapiro. Thus, even if [the exception for disclosing records from a grand jury because of improper behavior] applied in the FOIA context, it would not bar the Government from withholding the documents pursuant to Exemption 3." Gorenstein found a number of documents qualified for protection under the attorney work-product privilege. Sorin argued that two drafts written to be sent to Dickstein Shapiro were outside the privilege. Gorenstein noted that "DOJ has not asserted that any correspondence with Dickstein Shapiro is work product that may be withheld pursuant to Exemption 5. To the extent that the drafts were addressed to Dickstein Shapiro, the drafts were not actually sent and thus no disclosure occurred. Case law makes clear that drafts of documents not actually disclosed to an adversary are generally protected as work product." Gorenstein agreed that 45 witness interviews done by Dickstein Shapiro were properly withheld under Exemption 7(C). Sorin contended the witness interviews were improper and should be released instead. Gorenstein, however, observed that "but this allegation does not show any 'Government impropriety' sufficient to outweigh the privacy interests at stake. While Sorin finds it improper that DOJ used witness interviews conducted by a private law firm to further its criminal investigation, the Court is not aware of any bar to DOJ considering such witness interviews in deciding whether to investigate or prosecute, or in using them to seek a plea from a potential defendant."
Issues: Exemption 3 - Limited agency discretion, Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2015-08-26	1	COMPLAINT against U.S. Department of Justice. Document filed by William F. Sorin.(sac) (Entered: 08/27/2015)
2015-08-26		Case Designated ECF. (sac) (Entered: 08/27/2015)
2015-08-27	2	ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States , 369 U.S. 438, 444-45 (1962). Filing Fee due by 9/28/2015. In Forma Pauperis (IFP) Application due by 9/28/2015. (Signed by Judge Loretta A. Preska on 08/27/2015) (Attachments: # 1 Supplement IFP)(bl) (Entered: 08/27/2015)
2015-08-27		Transmission to Docket Assistant Clerk. Transmitted re: 2 Order Directing Payment of Fee or IFP Application,,,, to the Docket Assistant Clerk for case processing. (bl) (Entered: 08/27/2015)
2015-08-27		Mailed a copy of 2 Order Directing Payment of Fee or IFP Application, to William F. Sorin 17 East 89th Street New York, NY 10128. (ca) (Entered: 08/27/2015)
2015-08-27		NOTICE OF CASE ASSIGNMENT - SUA SPONTE to Judge Loretta A. Preska. Judge Unassigned is no longer assigned to the case. (wb) (Entered: 08/27/2015)
2015-09-01		Pro Se Payment of Fee $400.00 Processed: Check processed by the Finance Department on 9/1/2015, Receipt Number 465401133660. (moh) (Entered: 09/01/2015)
2015-10-08		NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Loretta A. Preska is no longer assigned to the case. (wb) (Entered: 10/08/2015)
2015-10-08		Magistrate Judge Gabriel W. Gorenstein is so designated. (wb) (Entered: 10/08/2015)
2015-10-19	4	ORDER OF SERVICE: Plaintiff brings this pro se action, for which the filing fee has been paid, under the Freedom of Information Act, 5 U.S.C. § 552. The Court directs the Clerk of Court to issue a summons as to Defendant United States Department of Justice. Plaintiff is directed to serve Defendant within 120 days of the issuance of the summons. If within those 120 days, Plaintiff has not either served Defendant or requested an extension of time to do so, the Court may dismiss this action under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute. (Signed by Judge John G. Koeltl on 10/16/2015) (kko) (Entered: 10/19/2015)
2015-10-21		SUMMONS ISSUED as to U.S. Department of Justice. (vj) (Entered: 10/21/2015)
2015-10-21		FRCP 4 FEE-PAID (Service Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 10/21/2015. The service package included: an original summons, copies of the summons,copies of the complaint, Judge's individual rules, instructions on how to file a motion and opposition, instructions on filing an amended complaint, application for counsel, a consent to proceed before a Magistrate Judge, and affirmation of service forms. (vj) (Entered: 10/21/2015)
2015-10-21		Mailed a copy of 4 Order of Service, to William F. Sorin. (vj) (Entered: 10/21/2015)
2015-11-06	5	DECLARATION OF SERVICE of Summons and Complaint. U.S. Department of Justice served on 10/30/2015, answer due 11/20/2015. Service was made by Cert. Mail to U.S. Attorneys Office, 86 Chambers Street, 3rd Floor, New York, NY 10007. Document filed by William F. Sorin. (sc) (Entered: 11/09/2015)
2015-11-06	6	DECLARATION OF SERVICE of Summons and Complaint. Service was made by Cert. Mail to U.S. Dept. of Justice, 950 Pennsylvania Ave., Washington, D.C. 20530. Date Served: 10/30/15, Answer due: 11/20/15. Document filed by U.S. Department of Justice. (sc) Modified on 11/9/2015 (sc). (Entered: 11/09/2015)
2015-11-06	7	PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: William F. Sorin consents to receive electronic service via the ECF system. Document filed by William F. Sorin.(sc) (Entered: 11/09/2015)
2015-11-06	8	NOTICE CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE. Document filed by William F. Sorin. (sc) (Entered: 11/09/2015)
2015-11-06	9	DECLARATION OF SERVICE BY MAIL of Summons and Complaint. Service was made by Cert. Mail to U.S. Attorney General, 950 Pennsylvia Ave., Washington, DC. Served: 10/30/15, Answer Due Date: 11/20/15. Document filed by William F. Sorin. (sc) (Entered: 11/09/2015)
2015-11-23	10	NOTICE OF APPEARANCE by Peter Max Aronoff on behalf of U.S. Department of Justice. (Aronoff, Peter) (Entered: 11/23/2015)
2015-11-23	11	CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge John G. Koeltl from Peter Aronoff dated 11/23/2015. Document filed by U.S. Department of Justice.(Aronoff, Peter) (Entered: 11/23/2015)
2015-11-24	12	CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by William F. Sorin, U.S. Department of Justice. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge John G. Koeltl on 11/24/2015) (rjm) (Entered: 11/24/2015)
2015-11-25	13	ORDER granting 11 Letter Motion for Extension of Time to Answer. Date is extended to January 4, 2016. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (Gorenstein, Hon. Gabriel W.) (Entered: 11/25/2015)
2016-01-04	14	ANSWER to 1 Complaint. Document filed by U.S. Department of Justice.(Aronoff, Peter) (Entered: 01/04/2016)
2016-01-07	15	ORDER: The Court assumes that the next step in this case should be the filing of a summary judgment motion by the defendant, with the plaintiff opposing or cross-moving for summary judgment. See, e.g. Bloomberg L.P. v. Bd. of Governors of Fed. Reserve System, 649 F. Supp. 2d 262, 271 (S.D.N.Y. 2009) ("Summary judgment is the preferred procedural vehicle for resolving FOIA disputes."); Families for Freedom v. U.S. Cust. and Border Protec., 797 F. Supp. 2d 375, 385 (S.D.N.Y. 2011) ("FOIA cases are generally and most appropriately resolved on motions for summary judgment."). Accordingly, the parties are to confer as to the schedule for the filing of any summary judgment motion and shall make a joint or separate proposals for a schedule by letter (or letters) filed on or before January 19, 2016. If either side believes that a summary judgment motion is not the appropriate next step in this case, that party may so state in the letter to the Court. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/7/2016) (mro) (Entered: 01/07/2016)
2016-01-11	16	CONSENT LETTER MOTION for Extension of Time to provide the Court with a status update or propose summary judgment briefing schedule addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Aronoff dated 1/11/2016. Document filed by U.S. Department of Justice.(Aronoff, Peter) (Entered: 01/11/2016)
2016-01-11	17	ORDER granting 16 Letter Motion for Extension of Time. The deadline contained in the Order dated January 7, 2016 (Docket # 15) is extended to February 11, 2016. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (Gorenstein, Hon. Gabriel W.) (Entered: 01/11/2016)
2016-02-11	18	CONSENT LETTER MOTION for Extension of Time and status report addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Aronoff dated 2/11/2016. Document filed by U.S. Department of Justice.(Aronoff, Peter) (Entered: 02/11/2016)
2016-02-11	19	ORDER granting 18 Letter Motion for Extension of Time. The deadline contained in the Order dated January 7, 2016 (Docket # 15) is extended to March 11, 2016 (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (Gorenstein, Hon. Gabriel W.) (Entered: 02/11/2016)
2016-03-10	20	FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - CONSENT LETTER MOTION for Extension of Time and production schedule addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Aronoff dated 3/10/2016. Document filed by U.S. Department of Justice.(Aronoff, Peter) Modified on 3/11/2016 (db). (Entered: 03/10/2016)
2016-03-11	21	ORDER granting 20 Letter Motion for Extension of Time. Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/10/2016) (spo) (Entered: 03/11/2016)
2016-06-10	22	CONSENT LETTER MOTION for Extension of Time and scheduling proposal addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Aronoff dated 6/10/2016. Document filed by U.S. Department of Justice.(Aronoff, Peter) (Entered: 06/10/2016)
2016-06-10	23	ORDER granting 22 Letter Motion for Extension of Time. The parties will attempt to resolve the fee issue without litigation by Friday, June 24, 2016. If the parties are able to resolve the plaintiffs fee status, they will submit a new proposed production schedule to the Court by June 24, 2016. If the parties are unable to resolve plaintiffs fee status, the parties will request that the Court resolve the issue, with submission of letter briefs on the following schedule: (a) Plaintiff will file a letter brief, including any supporting exhibits, by July 8, 2016; (b) The government will file an opposition letter brief, including any supporting exhibits, by July 15, 2016.(HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (GWG) (Entered: 06/10/2016)
2016-07-07	24	CONSENT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Aronoff dated 7/7/16 re: status update. Document filed by U.S. Department of Justice.(Aronoff, Peter) (Entered: 07/07/2016)
2016-07-15	25	CONSENT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Aronoff dated 7/15/2016 re: scheduling proposal. Document filed by U.S. Department of Justice.(Aronoff, Peter) (Entered: 07/15/2016)
2016-07-15	26	MEMO ENDORSEMENT on re: 25 CONSENT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Aronoff dated 7/15/2016 re: scheduling proposal. Document filed by U.S. Department of Justice. ENDORSEMENT: Granted. So ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/15/2016) (rjm) (Entered: 07/15/2016)
2016-09-02	27	CONSENT LETTER MOTION for Extension of Time to complete production addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Aronoff dated 9/2/2016. Document filed by U.S. Department of Justice.(Aronoff, Peter) (Entered: 09/02/2016)
2016-09-02	28	ORDER granting 27 Letter Motion for Extension of Time. Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/2/2016) (cf) (Entered: 09/02/2016)
2016-10-26	29	CONSENT LETTER MOTION for Extension of Time to conduct a supplemental search addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Aronoff dated 10/26/2016. Document filed by U.S. Department of Justice.(Aronoff, Peter) (Entered: 10/26/2016)
2016-10-27	30	ORDER granting 29 CONSENT LETTER MOTION for Extension of Time to conduct a supplemental search addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Aronoff dated 10/26/2016. Document filed by U.S. Department of Justice. Granted. So ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/26/2016) (rjm) (Entered: 10/27/2016)
2017-01-27	31	CONSENT LETTER MOTION for Extension of Time to set briefing schedule addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Aronoff dated 1/27/2017. Document filed by U.S. Department of Justice.(Aronoff, Peter) (Entered: 01/27/2017)
2017-01-30	32	ORDER granting 31 Letter Motion for Extension of Time. ( Within fifteen days of the entry of the judgment in Alexander's criminal case, the parties will provide the Court a proposed briefing schedule on motions for summary judgment). Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/30/2017) (ama) (Entered: 01/30/2017)
2017-03-17	33	CONSENT LETTER MOTION for Extension of Time and proposed briefing schedule addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Aronoff dated 3/17/2017. Document filed by U.S. Department of Justice.(Aronoff, Peter) (Entered: 03/17/2017)
2017-03-18	34	LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Aronoff dated 3/18/2017 re: providing stipulation. Document filed by U.S. Department of Justice. (Attachments: # 1 Exhibit executed stipulation modifying FOIA request)(Aronoff, Peter) (Entered: 03/18/2017)
2017-03-20	35	ORDER: granting 33 Letter Motion for Extension of Time. (By May 17, 2017, the government will move for summary judgment as to both the adequacy of its search and its withholdings of any responsive documents; By June 19, 2017, plaintiff will file his opposition and any cross-motion; By July 10, 2017, the government will file its opposition to plaintiff's motion (if any) and its reply in support of its own motion; By July 31, 2017, plaintiff will file his reply in support of his cross-motion, if any.) Granted. SO ORDERED. Motions due by 5/17/2017. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/20/2017) (ama) (Entered: 03/20/2017)
2017-03-20		Set/Reset Deadlines: Cross Motions due by 6/19/2017. Responses due by 7/10/2017 Replies due by 7/31/2017. (ama) Modified on 3/29/2017 (ama). (Entered: 03/20/2017)
2017-05-15	36	CONSENT LETTER MOTION for Extension of Time for summary judgment motions addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Aronoff dated 5/15/2017. Document filed by U.S. Department of Justice.(Aronoff, Peter) (Entered: 05/15/2017)
2017-05-15	37	ORDER granting 36 Letter Motion for Extension of Time. By May 24, 2017, the government will move for summary judgment as to both the adequacy of its search and its withholdings of any responsive documents. By June 26, 2017, plaintiff will file his opposition and any cross-motion; By July 17, 2017, the government will file its opposition to plaintiff's motion (if any) and its reply in support of its own motion; By August 7, 2017, plaintiff will file his reply in support of his cross-motion, if any. Granted. SO ORDERED. Cross Motions due by 6/26/2017. Motions due by 5/24/2017. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/15/2017) (ama) (Entered: 05/15/2017)
2017-05-15		Set/Reset Deadlines: Responses due by 7/17/2017 Replies due by 8/7/2017. (ama) (Entered: 05/15/2017)
2017-05-24	38	MOTION for Summary Judgment . Document filed by U.S. Department of Justice. Responses due by 6/26/2017(Aronoff, Peter) (Entered: 05/24/2017)
2017-05-24	39	MEMORANDUM OF LAW in Support re: 38 MOTION for Summary Judgment . . Document filed by U.S. Department of Justice. (Aronoff, Peter) (Entered: 05/24/2017)
2017-05-24	40	DECLARATION of David Luczynski in Support re: 38 MOTION for Summary Judgment .. Document filed by U.S. Department of Justice. (Attachments: # 1 Exhibit FOIA request, # 2 Exhibit 5/29/15 EOUSA letter, # 3 Exhibit 2/5/16 EOUSA letter, # 4 Exhibit 10/14/16 SDNY letter, # 5 Exhibit 10/14/16 EOUSA letter, # 6 Exhibit 4/11/17 EOUSA letter, # 7 Exhibit 4/17/17 EOUSA letter, # 8 Exhibit Vaughn index)(Aronoff, Peter) (Entered: 05/24/2017)
2017-05-25	41	CONSENT LETTER MOTION for Leave to File corrected declaration and exhibits addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Aronoff dated 5/25/2017. Document filed by U.S. Department of Justice.(Aronoff, Peter) (Entered: 05/25/2017)
2017-05-25	42	ORDER granting 41 Letter Motion for Leave to File Document. Application granted. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (GWG) (Entered: 05/25/2017)
2017-05-25	43	DECLARATION of David Luczynski in Support re: 38 MOTION for Summary Judgment .. Document filed by U.S. Department of Justice. (Attachments: # 1 Exhibit FOIA request, # 2 Exhibit 5/29/15 EOUSA letter, # 3 Exhibit 2/5/16 EOUSA letter, # 4 Exhibit 10/14/16 SDNY letter, # 5 Exhibit 10/14/16 EOUSA letter, # 6 Exhibit 1/17/17 EOUSA letter, # 7 Exhibit 4/11/17 EOUSA letter, # 8 Exhibit 4/17/17 EOUSA letter, # 9 Exhibit Vaughn index)(Aronoff, Peter) (Entered: 05/25/2017)
2017-06-26	44	PLAINTIFF'S MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT; re: 38 MOTION for Summary Judgment . Document filed by William F. Sorin. (sc) (Entered: 06/26/2017)
2017-07-17	45	REPLY MEMORANDUM OF LAW in Support re: 38 MOTION for Summary Judgment . . Document filed by U.S. Department of Justice. (Aronoff, Peter) (Entered: 07/17/2017)
2017-08-01	46	PLAINTIFF'S REPLY MEMORANDUM OF LAW IN OPPOSITION TO THE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT; re: 38 MOTION for Summary Judgment . Document filed by William F. Sorin. (sc) (Entered: 08/02/2017)
2017-11-28	47	OPINION AND ORDER re: 38 MOTION for Summary Judgment . filed by U.S. Department of Justice. The defendant's motion for summary judgment (Docket# 38) is granted and the case is dismissed. The Clerk is requested to enter judgment and to close this case. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/27/2017) (kgo) (Entered: 11/28/2017)
2017-11-28		Transmission to Judgments and Orders Clerk. Transmitted re: 47 Memorandum & Opinion,, to the Judgments and Orders Clerk. (kgo) (Entered: 11/28/2017)
2017-11-29	48	CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated November 28, 2017, Defendant's motion for summary judgment and the case is dismissed; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 11/29/2017) (Attachments: # 1 Right to Appeal)(km) (Entered: 11/29/2017)
2017-11-29		Transmission to Docket Assistant Clerk. Transmitted re: 48 Clerk's Judgment to the Docket Assistant Clerk for case processing. (km) (Entered: 11/29/2017)
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