Case Detail

FOIA Project Annotation: Judge John Bates has ruled that the Executive Office for U.S. Attorneys conducted an adequate search for records about an informant who testified at the trial of Santos Maximino Garcia and properly withheld records under Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), Exemption 7(D) (confidential sources), Exemption 7(E) (investigative methods and techniques), and Exemption 7(F) (harm to any person). Garcia claimed that the agency failed to explain that Noe Cruz, who had testified for the government at his trial, had been accused of rape and later convicted. Although the agency initially issued a privacy Glomar response neither confirming nor denying the existence of records, which was upheld by the Office of Information Policy, Bates ordered the agency to process the request so that he could consider whether the exemptions applied to specific documents. After consulting with other DOJ components as well as the Department of Homeland Security, the government filed a summary judgment motion. Garcia, however, failed to file an opposition and Bates explained that under Winston & Strawn v. McLean, 843 F.3d 503 (D.C. Cir. 2016), he could accept the government's version of the facts of the case, but was required to determine independently whether the government had met its burden. Bates agreed with EOUSA that because Garcia was tried in the U.S. District of Maryland, the U.S. Attorney's Office there was the only location likely to have responsive records. Garcia was a member of the MS-13 street gang. As a result, Bates had no problem approving of the agencies' use of all the exemptions, particularly Exemption 6 and Exemption 7(C) as they applied to protect third-party information in the records. He pointed out that the agencies "raised legitimate concerns about retaliatory actions that could be taken against the law enforcement agents and cooperating witnesses whose information the agencies wish to shieldâ€"particularly given the violent tendencies of the MS-13 gang â€" and about maintaining the confidentiality of witnesses who cooperated with the promise that their identities would remain private."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 7(E) - Investigative methods or techniques, Exemption 7(F) - Harm to safety of any person

Date Filed	Doc #	Docket Text
2016-01-15	1	COMPLAINT against EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY ( Filing fee $ 350, receipt number 4616075592) filed by SANTOS MAXIMINO GARCIA. (Attachments: # 1 Civil Cover Sheet)(zrdj) Modified on 2/10/2016 (zrdj). (Entered: 01/27/2016)
2016-01-22		SUMMONS (3) Issued as to EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, U.S. Attorney and U.S. Attorney General (zmd). (Entered: 01/27/2016)
2016-03-28	2	NOTICE of Appearance by Marsha Wellknown Yee on behalf of EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Certificate of Service)(Yee, Marsha) (Entered: 03/28/2016)
2016-03-31	3	MOTION to Dismiss by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Yee, Marsha) (Entered: 03/31/2016)
2016-04-22	4	Memorandum in opposition to re 3 MOTION to Dismiss filed by SANTOS MAXIMINO GARCIA. (Attachments: # 1 Text of Proposed Order)(zrdj) (Entered: 04/25/2016)
2016-04-26	5	MOTION for Extension of Time to File Reply to Plaintiff's "Response to Defendant's Motion to Dismiss" by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order, # 4 Certificate of Service)(Yee, Marsha) (Entered: 04/26/2016)
2016-04-26		MINUTE ORDER: Upon consideration of 5 defendant's motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendant shall file its reply by not later than May 9, 2016. SO ORDERED. Signed by Judge John D. Bates on 4/26/2016. (lcjdb2) (Entered: 04/26/2016)
2016-04-28		Set/Reset Deadlines: Reply due by 5/9/2016. (tb) (Entered: 04/28/2016)
2016-05-09	6	REPLY to opposition to motion re 3 MOTION to Dismiss filed by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Attachments: # 1 Certificate of Service)(Yee, Marsha) (Entered: 05/09/2016)
2016-06-21	7	ORDER denying 3 defendant's motion to dismiss. See text of Order for details. Signed by Judge John D. Bates on 6/21/16. (lcjdb3) (Entered: 06/21/2016)
2016-07-05	8	ANSWER to 1 Complaint by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Attachments: # 1 Certificate of Service)(Yee, Marsha) (Entered: 07/05/2016)
2016-07-05	9	SCHEDULING ORDER. See text of Order for details. Signed by Judge John D. Bates on 7/5/16. (lcjdb3) (Entered: 07/05/2016)
2016-07-06		Set/Reset Deadlines: Proposed Briefing Schedule due by 8/19/2016. (tb) (Entered: 07/06/2016)
2016-08-15	10	RESPONSE TO ORDER OF THE COURT re 9 Scheduling Order filed by SANTOS MAXIMINO GARCIA. (td) (Entered: 08/16/2016)
2016-08-19	11	PROPOSED BRIEFING SCHEDULE (Defendant's) by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Yee, Marsha) (Entered: 08/19/2016)
2016-08-22		MINUTE ORDER: Upon consideration of the parties' proposed briefing schedules, and the entire record herein, it is hereby ORDERED that defendant's motion for summary judgment shall be filed by not later than November 21, 2016; it is further ORDERED that plaintiff's cross-motion for summary judgment and opposition shall be filed by not later than January 27, 2017; it is further ORDERED that defendant's opposition and reply shall be filed by not later than February 28, 2017; and it is further ORDERED that plaintiff's reply shall be filed by not later than April 14, 2017. SO ORDERED. Signed by Judge John D. Bates on 8/22/16. (lcjdb3) (Entered: 08/22/2016)
2016-08-23		Set/Reset Deadlines: Cross Motions due by 1/27/2017. Response to Cross Motions due by 2/28/2017. Reply to Cross Motions due by 4/14/2017. Summary Judgment motions due by 11/21/2016. Response to Motion for Summary Judgment due by 1/27/2017. Reply to Motion for Summary Judgment due by 2/28/2017. (tb) (Entered: 08/23/2016)
2016-11-18	12	MOTION for Extension of Time to File Defendant's Motion for Summary Judgment and to Modify Remainder of Briefing Schedule by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 11/18/2016)
2016-11-18		MINUTE ORDER: Upon consideration of 12 the government's motion for an extension of time and modification of the briefing schedule, and the entire record herein, it is hereby ORDERED that the motion is GRANTED. The briefing schedule for this case is amended as follows: the time for defendant to file its motion for summary judgment is extended to January 27, 2017; plaintiff's opposition and any cross-motion shall be filed by not later than March 28, 2017; the government's reply and opposition to a cross-motion shall be filed by not later than April 27, 2017; and plaintiff's reply shall be filed by not later than May 12, 2017. SO ORDERED. Signed by Judge John D. Bates on 11/18/16. (lcjdb2) (Entered: 11/18/2016)
2016-11-22		Set/Reset Deadlines: Cross Motions due by 3/28/2017. Response to Cross Motions due by 4/27/2017. Reply to Cross Motions due by 5/12/2017. Summary Judgment motions due by 1/27/2017. Response to Motion for Summary Judgment due by 3/28/2017. Reply to Motion for Summary Judgment due by 4/27/2017. (tb) (Entered: 11/22/2016)
2017-01-26	13	MOTION for Extension of Time to File Defendant's Motion for Summary Judgment and to Modify Remainder of Briefing Schedule by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 01/26/2017)
2017-01-27		MINUTE ORDER: Upon consideration of 13 the government's motion for an extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED. The briefing schedule is amended as follows: the government's motion for summary judgment shall be filed by not later than March 30, 2017; plaintiff's opposition and any cross-motion for summary judgment shall be filed by not later than May 29, 2017; the government's reply and opposition to any cross-motion for summary judgment shall be filed by not later than June 28, 2017; and plaintiff's reply in support of any cross-motion for summary judgment shall be filed by not later than August 11, 2017. SO ORDERED. Signed by Judge John D. Bates on 1/27/17. (lcjdb2) (Entered: 01/27/2017)
2017-01-31		Set/Reset Deadlines: Cross Motions due by 5/29/2017. Response to Cross Motions due by 6/28/2017. Reply to Cross Motions due by 8/11/2017. Summary Judgment motions due by 3/30/2017. Response to Motion for Summary Judgment due by 5/29/2017. Reply to Motion for Summary Judgment due by 6/28/2017. (tb) (Entered: 01/31/2017)
2017-02-15	14	Mail Returned as undeliverable. Type of Document Returned: Minute Order filed on 01/27/17 was returned and re-mailed to the plaintiff at the new address on 02/15/17. (tb) (Entered: 02/15/2017)
2017-03-29	15	MOTION for Extension of Time to File Defendant's Motion for Summary Judgment and to Modify Remainder of Briefing Schedule by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Declaration, # 2 Text of Proposed Order, # 3 Certificate of Service)(Yee, Marsha) (Entered: 03/29/2017)
2017-03-30		MINUTE ORDER: Upon consideration of 15 the government's motion for an extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED. The briefing schedule is amended as follows: the government's motion for summary judgment shall be filed by not later than June 5, 2017; plaintiff's opposition and any cross-motion for summary judgment shall be filed by not later than August 4, 2017; the government's reply and opposition to any cross-motion for summary judgment shall be filed by not later than September 14, 2017; and any further reply in support of plaintiff's cross motion for summary judgment shall be filed by not later than October 30, 2017. As this is the government's third request for an extension of time to file this motion, no further extensions will be granted absent extraordinary circumstances. SO ORDERED. Signed by Judge John D. Bates on 3/30/17. (lcjdb2, ) (Entered: 03/30/2017)
2017-03-30		Set/Reset Deadlines: Cross Motion due by 8/4/2017. Response to Cross Motion due by 9/14/2017. Reply to Cross Motion due by 10/30/2017. Summary Judgment motion due by 6/5/2017. Response to Motion for Summary Judgment due by 8/4/2017. Reply to Motion for Summary Judgment due by 9/14/2017. (tb) (Entered: 03/30/2017)
2017-06-05	16	MOTION for Extension of Time to File Defendant's Motion for Summary Judgment or Partial Summary Judgment and to Modify Remainder of Briefing Schedule by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Declaration, # 2 Text of Proposed Order, # 3 Certificate of Service)(Yee, Marsha) (Entered: 06/05/2017)
2017-06-06	17	ORDER granting 16 the government's motion for an extension of time. A status conference in this matter is scheduled for July 10, 2017. See text for details. Signed by Judge John D. Bates on 6/6/17. (lcjdb2) (Entered: 06/06/2017)
2017-06-07		Set/Reset Deadlines/Hearings: Summary Judgment motion due by 7/7/2017. Response/Cross Motion due by 9/8/2017. Reply/Response to Cross Motions due by 10/11/2017. Reply to Cross Motions due by 11/30/2017. Status Conference set for 7/10/2017 at 09:30 AM in Courtroom 30A before Judge John D. Bates. (tb) (Entered: 06/07/2017)
2017-07-07	18	MOTION for Summary Judgment by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Statement of Facts, # 2 Declaration EOUSA, # 3 Declaration DOJ's Criminal Division, # 4 Declaration ICE, # 5 Declaration ATF, # 6 Text of Proposed Order, # 7 Certificate of Service)(Yee, Marsha) (Entered: 07/07/2017)
2017-07-09		MINUTE ORDER: Consistent with 17 the Court's June 6, 2017 Order, and given that the government has now filed 18 its motion for summary judgment, the status conference currently scheduled for July 10, 2017 is hereby cancelled. Briefing on the motion for summary judgment shall proceed according to the schedule outlined in the Court's June 6, 2017 Order. SO ORDERED. Signed by Judge John D. Bates on 7/9/17. (lcjdb2) (Entered: 07/09/2017)
2017-10-11	19	ORDER requiring plaintiff to file any response to 18 defendant's summary judgment motion and any cross-motion for summary judgment by not later than November 10, 2017. See text of order for details. Signed by Judge John D. Bates on 10/11/2017. (lcjdb2) (Entered: 10/11/2017)
2017-10-15		Set/Reset Deadlines: Response to Cross Motions due by 12/11/2017. Surreply due by 1/22/2018. Response to Motion for Summary Judgment due by 11/10/2017. Reply to Motion for Summary Judgment due by 12/11/2017. (tb) (Entered: 10/15/2017)
2018-03-14	20	ORDER granting 18 defendant's motion for summary judgment. See text of order and accompanying Memorandum Opinion for details. Signed by Judge John D. Bates on 3/14/2018. (lcjdb2) (Entered: 03/14/2018)
2018-03-14	21	MEMORANDUM OPINION. Signed by Judge John D. Bates on 3/14/2018. (lcjdb2) (Entered: 03/14/2018)
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