Case Detail

FOIA Project Annotation: Judge Emmet Sullivan has ruled that U.S. Immigration and Customs Enforcement properly issued a Glomar response neither confirming nor denying the existence of records under Exemption 7(E) (investigative methods and techniques). In response to a request b Jeffrey Myrick, a special agent working in the Homeland Security Investigations division of ICE, for records about an undercover operation at the Fairfax Cyber Crimes Center, the agency issued a Glomar response, citing not only Exemption 7(E), but also Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Sullivan found the agency's use of Exemption 7(E) as the basis for its Glomar response was appropriate. Myrick argued the agency had not shown how acknowledgment of the existence of the operation would risk circumvention of the law. Sullivan noted, however, that "Defendant's Glomar response is authorized under Exemption 7(E) because an undercover operation is not known to the public and acknowledging its existence or non-existence would therefore increase the risk of circumvention of the law." Finding Myrick had provided no evidence to rebut ICE's claims, Sullivan pointed out that "Exemption 7(E) only requires a logical demonstration of the risk that the law would be circumvented, and Defendant has met this standard."
Issues: Determination - Glomar response, Exemption 7(E) - Prosecutorial guidelines - Risk of circumvention

Date Filed	Doc #	Docket Text
2015-09-04	1	ENTERED IN ERROR.....COMPLAINT against JEH CHARLES JOHNSON ( Filing fee $ 400 receipt number 0090-4234394) filed by Jeffrey Myrick. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons Defendant, # 4 Summons U.S. Attorney for District of Columbia)(Fischer, Morris) Modified on 9/4/2015 (sth). (Entered: 09/04/2015)
2015-09-04	2	COMPLAINT against JEH CHARLES JOHNSON (Fee Status:Filing Fee Waived) filed by Jeffrey Myrick. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons Defendant, # 4 Summons U.S. Attorney for District of Columbia)(Fischer, Morris) (Entered: 09/04/2015)
2015-09-04		Case Assigned to Judge Emmet G. Sullivan. (sth) (Entered: 09/04/2015)
2015-09-04	3	SUMMONS (3) Issued Electronically as to JEH CHARLES JOHNSON, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth) (Entered: 09/04/2015)
2015-10-09	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JEH CHARLES JOHNSON served on 9/11/2015, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/14/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 10/14/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/14/2015. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Fischer, Morris) (Entered: 10/09/2015)
2015-10-22	5	NOTICE of Appearance by Jeremy S. Simon on behalf of JEH CHARLES JOHNSON (Simon, Jeremy) (Entered: 10/22/2015)
2015-10-22	6	Consent MOTION for Extension of Time to Answer or Otherwise Respond to Complaint and Notice Regarding Date of Service by JEH CHARLES JOHNSON (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 10/22/2015)
2015-10-30		MINUTE ORDER granting consent motion for extension of time to answer or otherwise respond to complaint and notice regarding date of service. Defendant shall answer or otherwise respond to the complaint by no later than November 23, 2015. Signed by Judge Emmet G. Sullivan on October 30, 2015. (lcegs1) (Entered: 10/30/2015)
2015-11-02		Set/Reset Deadlines: Answer due by 11/23/2015. (mac) (Entered: 11/02/2015)
2015-11-23	7	ANSWER to Complaint by JEH CHARLES JOHNSON.(Simon, Jeremy) (Entered: 11/23/2015)
2015-12-02	8	STANDING FOIA ORDER. The parties are directed to read this Order in its entirety upon receipt. Signed by Judge Emmet G. Sullivan on December 2, 2015. (lcegs1) (Entered: 12/02/2015)
2015-12-02		Set/Reset Deadlines: Joint Scheduling Order due by 12/17/2015. (mac) (Entered: 12/02/2015)
2015-12-17	9	Joint STATUS REPORT and Proposed Schedule by JEH CHARLES JOHNSON. (Simon, Jeremy) (Entered: 12/17/2015)
2015-12-29		MINUTE ORDER adopting the parties' proposed schedule as follows: (1) Defendant shall file its motion for summary judgment by no later than February 19, 2016; (2) Plaintiff shall file his opposition to the defendant's motion for summary judgment and any cross-motion by no later than March 18, 2016; (3) Defendant shall file its reply and opposition to any cross-motion by no later than April 13, 2016; (4) Plaintiff shall file his reply in support of any cross-motion by no later than May 10, 2016. Signed by Judge Emmet G. Sullivan on December 29, 2015. (lcegs1) (Entered: 12/29/2015)
2015-12-30		Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 2/19/16. Plaintiff Opposition To Defendant's Motion For Summary Judgment And Any Cross-Motion due by 3/18/2016. Defendant Reply And Any Opposition To Any Cross-Motion due by 4/13/2016. Plaintiff Reply In Support Of Any Cross-Motion due by 5/10/16 (mac) (Entered: 12/30/2015)
2016-02-17	10	Unopposed MOTION for Extension of Time to File Motion for Summary Judgment and for Adjustment of Remaining Deadlines in Briefing Schedule by JEH CHARLES JOHNSON (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 02/17/2016)
2016-02-19		MINUTE ORDER granting 10 defendant's unopposed motion for extension of time to file motion for summary judgment and to extend remaining deadlines in briefing schedule as follows: (1) Defendant shall file its motion for summary judgment by no later than February 26, 2016; (2) Plaintiff shall file his opposition to the defendant's motion for summary judgment and any cross-motion by no later than March 25, 2016; (3) Defendant shall file its reply and opposition to any cross-motion by no later than April 20, 2016; (4) Plaintiff shall file his reply in support of any cross-motion by no later than May 17, 2016. Signed by Judge Emmet G. Sullivan on February 19, 2016. (lcegs1) (Entered: 02/19/2016)
2016-02-22		Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 2/26/2016. Plaintiff Response to Defendant Motion for Summary Judgment and any Cross-Motion due by 3/25/2016. Defendant Reply And Opposition To Any Cross-Motion due by 4/20/2016. Plaintiff Reply In Support Of Any Cross-Motion due by 5/17/2016. (mac) (Entered: 02/22/2016)
2016-02-25	11	MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum by JEH CHARLES JOHNSON (Attachments: # 1 Proposed Order, # 2 Declaration of Fernando Pineiro)(Simon, Jeremy) (Entered: 02/25/2016)
2016-03-25	12	Memorandum in opposition to re 11 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum filed by Jeffrey Myrick. (Attachments: # 1 Text of Proposed Order)(Fischer, Morris) (Entered: 03/25/2016)
2016-04-12	13	Consent MOTION for Extension of Time to File Reply in Support of Motion for Summary Judgment by JEH CHARLES JOHNSON (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 04/12/2016)
2016-04-12		MINUTE ORDER granting 13 consent motion for extension of time to file reply in support of motion for summary judgment. Defendant shall file its reply in support of its motion for summary judgment on or before April 27, 2016. Signed by Judge Emmet G. Sullivan on 4/12/2016. (lcegs1) (Entered: 04/12/2016)
2016-04-13		Set/Reset Deadlines: Defendants Reply In Support Of Its Motion for Summary Judgment due by 4/27/2016. (mac) (Entered: 04/13/2016)
2016-04-27	14	REPLY to opposition to motion re 11 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum filed by JEH CHARLES JOHNSON. (Simon, Jeremy) (Entered: 04/27/2016)
2016-08-04	15	ORDER granting 11 Motion for Summary Judgment. Signed by Judge Emmet G. Sullivan on August 4, 2016. (lcegs4) (Entered: 08/04/2016)
2016-08-04	16	MEMORANDUM AND OPINION. Signed by Judge Emmet G. Sullivan on August 4, 2016. (lcegs4) (Entered: 08/04/2016)
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