Case Detail

FOIA Project Annotation: Judge Emmet Sullivan has ruled that the U.S. Marshals Service, the FBI, the DEA, and EOUSA all properly responded to FOIA and Privacy Act requests from Jorge Garza concerning himself and his conviction on drug charges. The FBI located 137 pages and disclosed 81 pages in full or in part. The Marshals Service located 77 pages and disclosed 29 pages in full and 48 pages in part. Garza challenged the agencies' searches as well as their exemption claims under Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), Exemption 7(D) (confidential sources), and (j)(2) of the Privacy Act. The agencies searched under Garza's real name â€" Guillermo Huertas Sanchez â€" as well as several aliases. Garza contended that the agencies had mistaken him for someone with a similar name and argued that "if the agencies conducted detailed and comprehensive searches, then these searches would necessarily render information responsive to his Requests, revealing documents confirming his own identity, or the identity of another individual with a similar name." But Sullivan noted that "plaintiff's bare allegations that defendants have either negligently or intentionally failed to provide information is insufficient to overcome the presumption of good faith accorded to the agency declarations." Sullivan agreed with the agencies that any records subject to the Privacy Act were contained in (j)(2) exempt systems of law enforcement records. Garza argued that since he was only looking for records on himself there were no third-party privacy concerns at issue. Sullivan pointed out that since Garza claimed he was a victim of mistaken identity if "such information exists, he would be, by definition, seeking information regarding a third-party. The Court understands that plaintiff feels that he is in a 'catch-22,' as he seeks information regarding his identity, and potentially, if in existence, that of another individual with a similar name, however, to the extent that he seeks disclosure of this information to prove his purported innocence, FOIA/PA is not the suitable vehicle." He observed that "given the expansive and complex safety concerns involving the underlying criminal investigation, the Court finds these privacy interests of continued importance." Sullivan approved of the FBI's use of Exemption 7(E) (investigative methods and techniques) to withhold internal email addresses and phone numbers. He pointed out that "an agency may withhold information from disclosure where, as here, it would provide insight into its investigatory or procedural techniques. Likewise, internal website and email addresses may be properly withheld under Exemption 7(E)."
Issues: Adequacy - Search, Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2016-05-24	1	COMPLAINT against UNITED STATES MARSHAL SERVICE filed by JORGE LUIS GARZA. (Attachments: # 1 Civil Cover Sheet)(sb) (Entered: 05/26/2016)
2016-05-24	2	MOTION for Leave to Proceed in forma pauperis by JORGE LUIS GARZA (sb) (Entered: 05/26/2016)
2016-05-24	3	PRO SE ORDER directing within 30 days of this Order, unless an extension of time is granted, plaintiff to provide a six month trust fund prisoner account statement and failure to comply will result in dismissal of case. Plaintiff shall provide the requested information specific within this order.Signed by Judge Ketanji Brown Jackson on 5/20/16. (sb) (Entered: 05/26/2016)
2016-05-24		Initiating Pleading & IFP Application Received on 5/13/16. (sb) (Entered: 05/26/2016)
2016-06-09	4	MOTION for Extension of Time to provide the required information in the 3 Order issued by JORGE LUIS GARZA. (md) (Entered: 06/10/2016)
2016-06-20	5	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by JORGE LUIS GARZA. (md) (Entered: 06/21/2016)
2016-06-24	6	ORDER GRANTING 4 Motion for Extension of Time to File the required information. Signed by Judge Christopher R. Cooper on 6/21/2016. (md) (Entered: 06/24/2016)
2016-07-28	7	ORDER GRANTING 2 Motion for Leave to Proceed in forma pauperis. Signed by Colleen Kollar-Kotelly on 7/26/2016. (md) (Entered: 08/01/2016)
2016-07-28		Case Reassigned to Judge Emmet G. Sullivan. Unassigned no longer assigned to the case. (md) (Entered: 08/01/2016)
2016-08-04	8	SUMMONS (3) Issued as to UNITED STATES MARSHAL SERVICE, U.S. Attorney and U.S. Attorney General (jd) (Entered: 08/04/2016)
2016-08-09	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/05/2016., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/5/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 9/4/2016.) (jf) (Entered: 08/10/2016)
2016-08-19		Partial Filing Fee Received from JORGE LUIS GARZA in the amount of $68.38, receipt number: 4616080003. (zrdj) (Entered: 08/19/2016)
2016-08-19	10	MOTION to Take Judicial Notice by JORGE LUIS GARZA (jf) (Entered: 08/25/2016)
2016-08-25	11	NOTICE of Appearance by Patricia K. McBride on behalf of All Defendants (McBride, Patricia) (Entered: 08/25/2016)
2016-08-26	12	MOTION for Extension of Time to 10-13-2016 by UNITED STATES MARSHAL SERVICE (McBride, Patricia) Modified on 8/29/2016 (jf). (Entered: 08/26/2016)
2016-08-29		MINUTE ORDER granting 12 defendant's motion for extension of time. The government is directed to answer or otherwise respond to the complaint by no later than October 13, 2016. Signed by Judge Emmet G. Sullivan on 08/29/2016. (lcegs3) (Entered: 08/29/2016)
2016-08-29		Set/Reset Deadlines: Government Answer or Response To Complaint due by 10/13/2016. (mac) (Entered: 08/29/2016)
2016-10-18		MINUTE ORDER granting 10 plaintiff's motion to take judicial notice in Civil Case No. 16-976, ECF No. 11 plaintiff's motion to take judicial notice in Civil Case No. 16-980, ECF No. 11 plaintiff's motion to take judicial notice in Civil Case No. 16-985, and ECF No. 14 plaintiff's motion to take judicial notice in Civil Case No. 16-980. See LCvR 7(b) (when opposition is not timely filed, "the Court may treat the motion as conceded"). In light of plaintiff's pro se and incarcerated status, Local Rule 7(m)'s duty to confer requirement does not apply to plaintiff. Cf. LCvR 7(m) ("The duty to confer also applies to non-incarcerated parties appearing pro se."). Signed by Judge Emmet G. Sullivan on 10/18/2016. (lcegs3) (Entered: 10/18/2016)
2016-10-19	13	MOTION for Leave to File Answer by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE (Attachments: # 1 Answer)(McBride, Patricia) (Entered: 10/19/2016)
2016-10-19		MINUTE ORDER treating as opposed and granting over objection 13 defendants' motion for leave to file an answer. Defendants are directed to file their answer forthwith. Signed by Judge Emmet G. Sullivan on 10/19/2016. (lcegs3) (Entered: 10/19/2016)
2016-10-19	14	ANSWER to 1 Complaint by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE.(znmw) (Entered: 10/20/2016)
2016-11-02	15	STANDING ORDER. The parties are directed to read this Order in its entirety upon receipt. The parties shall file a proposed schedule for future proceedings by no later than November 21, 2016. Signed by Judge Emmet G. Sullivan on 11/2/2016. (lcegs3) (Entered: 11/02/2016)
2016-11-02		Set/Reset Deadlines: Proposed Schedule For Future Proceedings due by 11/21/2016. (mac) (Entered: 11/02/2016)
2016-11-07		Partial Filing Fee Received from JORGE LUIS GARZA in the amount of $100.00, receipt number: 4616081467. (zrdj) (Entered: 11/09/2016)
2016-11-17	17	NOTICE of Proposed Schedule for Future Proceedings by JORGE LUIS GARZA (jf) (Entered: 11/21/2016)
2016-11-18	16	MEET AND CONFER STATEMENT. (McBride, Patricia) (Entered: 11/18/2016)
2016-11-21		MINUTE ORDER: On consideration of the parties' proposed briefing schedules, ECF Nos. 16-17, it is hereby ORDERED that defendant shall file its summary judgment by February 15, 2017; plaintiff shall file his opposition and cross-motion by March 15 2017; defendant shall file its reply and opposition to plaintiff's cross-motion by April 1, 2017; plaintiff shall file his reply by April 30, 2017. Signed by Judge Emmet G. Sullivan on 11/21/16. (ms) (Entered: 11/21/2016)
2016-11-21		Set/Reset Deadlines: Defendant Summary Judgment Motion due by 2/15/2017. Plaintiff Opposition And Cross-Motion due by 3/15/2017. Defendant Reply and Opposition To Plaintiff's Cross-Motion due by 4/1/2017. Plaintiff due by 4/30/2017. (mac) (Entered: 11/21/2016)
2016-12-01	18	Proposed NOTICE of Proposed Schedule for Future Proceedings by JORGE LUIS GARZA (td) (Entered: 12/02/2016)
2017-01-09	19	NOTICE of Change of Address by JORGE LUIS GARZA (jf) (Entered: 01/11/2017)
2017-01-31	20	NOTICE by JORGE LUIS GARZA. "Leave to file GRANTED" signed by Judge Emmet G. Sullivan (jf) (Entered: 01/31/2017)
2017-02-08	21	MOTION for Extension of Time to by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE (McBride, Patricia) (Entered: 02/08/2017)
2017-02-14		MINUTE ORDER: For good cause shown, defendant's 21 Motion for Extension of Time is granted, and its dispositive motion is due by March 30, 2017. Signed by Judge Emmet G. Sullivan on 2/14/17. (ms) (Entered: 02/14/2017)
2017-02-15		Partial Filing Fee Received from JORGE LUIS GARZA in the amount of $50.00, receipt number: 4616083005. (zrdj) (Entered: 02/15/2017)
2017-02-15		Set/Reset Deadlines: Defendant Dispositive Motion due by 3/30/2017. (mac) (Entered: 02/15/2017)
2017-02-16	22	RESPONSE re 21 MOTION for Extension of Time to filed by JORGE LUIS GARZA. (jf) (Entered: 02/21/2017)
2017-03-07		Partial Filing Fee Received from JORGE LUIS GARZA in the amount of $65.81, receipt number: 4616083396. (zrdj) (Entered: 03/07/2017)
2017-03-27	23	Unopposed MOTION for Extension of Time to by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE (McBride, Patricia) (Entered: 03/27/2017)
2017-03-29		MINUTE ORDER: The parties' consent Motion for Enlargement of Time 23 By April 19, 2017, defendants shall release to plaintiff all responsive documents that are not subject to FOIA exemptions. Should the parties be unable to resolve the matter, defendants shall file a dispositive motion by May 19, 2017; plaintiff shall file his opposition or other response by June 19, 2017; defendants shall file a reply by July 13, 2017. Signed by Judge Emmet G. Sullivan on 3/29/17. (ms) (Entered: 03/29/2017)
2017-03-29		Set/Reset Deadlines: Defendants Dispositive Motion due by 5/19/2017. Plaintiff Opposition or Other Response due by 6/19/2017. Defendants Reply due by 7/13/2017. (mac) (Entered: 03/29/2017)
2017-05-17	24	MOTION for Extension of Time to File Dispositive Motion by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE (McBride, Patricia) (Entered: 05/17/2017)
2017-05-22		MINUTE ORDER: Defendant's 24 Motion for Extension of Time is granted. Its motion is due by June 2, 2017; Plaintiff's opposition is due by July 6, 2017; Defendant's reply is due by August 3, 2017. Signed by Judge Emmet G. Sullivan on 5/22/17. (ms) (Entered: 05/22/2017)
2017-05-22		Set/Reset Deadlines: Defendant's Motion due by 6/2/2017. Plaintiff's Opposition due by 7/6/2017. Defendant's Reply due by 8/3/2017. (mac) (Entered: 05/22/2017)
2017-06-02	25	MOTION for Extension of Time to Resolve This Matter by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE (Attachments: # 1 Exhibit A)(McBride, Patricia) (Entered: 06/02/2017)
2017-06-02	26	RESPONSE re 25 MOTION for Extension of Time to Resolve This Matter filed by JORGE LUIS GARZA. (jf) (Entered: 06/05/2017)
2017-06-12		MINUTE ORDER: The defendant's unopposed 25 Motion for Extension of Time is granted. The defendant shall file a dispositive motion by July 6, 2017 if the parties are unable to resolve this matter by that date. Signed by Judge Emmet G. Sullivan on 6/12/17. (ms) (Entered: 06/12/2017)
2017-06-12		Set/Reset Deadlines: Defendant Dispositive Motion due by 7/6/2017. (mac) (Entered: 06/12/2017)
2017-07-06	27	MOTION for Extension of Time to by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE (Attachments: # 1 Exhibit B, # 2 Exhibit C)(McBride, Patricia) (Entered: 07/06/2017)
2017-07-11		MINUTE ORDER: For good cause shown, defendant's 27 Motion for Extension of Time to August 16, 2017 is GRANTED. Signed by Judge Emmet G. Sullivan on 7/11/17. (ms) (Entered: 07/11/2017)
2017-07-21	28	Letter from Jorge Luis Garza. "Leave to file GRANTED" signed by Judge Emmet G. Sullivan on 07/21/2017 (jf) (Entered: 07/21/2017)
2017-08-25	29	MOTION for Extension of Time to Late File Status Report by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE. (McBride, Patricia) Modified event title on 8/28/2017 (znmw). (Entered: 08/25/2017)
2017-08-25	30	MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE (Attachments: # 1 Statement of Facts, # 2 Declaration & Exhibits [FBI], # 3 Declaration & Exhibits [USMS], # 4 Declaration & Exhibits [DEA])(McBride, Patricia) (Entered: 08/25/2017)
2017-08-30		MINUTE ORDER: Defendant's 29 Motion for Extension of Time to file its Status Report is granted. Signed by Judge Emmet G. Sullivan on 8/30/17. (ms) (Entered: 08/30/2017)
2017-08-30	31	Order directing plaintiff to file his opposition to defendant's motion for summary judgment and his cross-motion by 9/25/2017, defendant to file its reply and opposition to plaintiff's cross-motion by 10/25/17, and plaintiff to file his reply by 11/27/17. Signed by Judge Emmet G. Sullivan on 8/30/17. (ms) (Entered: 08/30/2017)
2017-08-30		Set/Reset Deadlines: Plaintiff Opposition To Defendant's Motion For Summary Judgment And Cross-Motion due by 9/25/2017. Defendant Reply And Opposition To Plaintiff's Cross-Motion due by 10/25/2017. Plaintiff Reply due by 11/27/2017. (mac) (Entered: 08/30/2017)
2017-09-18	32	RESPONSE re 30 MOTION for Summary Judgment filed by JORGE LUIS GARZA. (jf) (Entered: 09/20/2017)
2017-09-22	33	MOTION for Extension of Time to Revise Briefing Schedule by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE (McBride, Patricia) (Entered: 09/22/2017)
2017-09-22	34	MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE (Attachments: # 1 Statement of Facts)(McBride, Patricia) (Entered: 09/22/2017)
2017-10-03	35	ORDER denying without prejudice 30 Defendant's Motion for Summary Judgment and granting 33 Defendants' Motion for Extension of Time. The plaintiff shall file his opposition or other response to Defendants' [Amended] Motion for Summary Judgment, ECF No. 34, and cross-motion, if any, by November 3, 2017. The defendants shall file their reply and opposition the plaintiff's cross-motion by December 4, 2017, and the plaintiff shall file his reply by January 12, 2018. Signed by Judge Emmet G. Sullivan on 10/3/17. (ms) (Entered: 10/03/2017)
2017-10-04		Set/Reset Deadlines: Plaintiff Opposition Or Other Response to Defendants' [Amended] Motion for Summary Judgment And Cross-Motion, If Any, due by 11/3/2017. Defendants Reply And Opposition To The Plaintiff's Cross-Motion due by 12/4/2017. Plaintiff Reply due by 1/12/2018. (mac) (Entered: 10/04/2017)
2017-10-17	36	MOTION for Entry of Default, MOTION to Take Judicial Notice by JORGE LUIS GARZA (Attachments: # 1 Exhibit) "Leave to file GRANTED" signed by Judge Emmet G. Sullivan on 10/18/2017(jf) (Entered: 10/18/2017)
2017-10-23	37	Memorandum in opposition to re 34 MOTION for Summary Judgment filed by JORGE LUIS GARZA. (jf) (Entered: 10/23/2017)
2017-10-27	38	MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Default Judgment by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 10/27/2017)
2017-10-30		MINUTE ORDER: Defendants' 38 Motion for Extension of Time to File their opposition or other response to plaintiff's 36 MOTION for Entry of Default is GRANTED. Their response is due by 12/4/2017. Signed by Judge Emmet G. Sullivan on 10/30/17. (ms) (Entered: 10/30/2017)
2017-10-30		Set/Reset Deadlines: Defendant Response due by 12/4/2017. (mac) (Entered: 10/30/2017)
2017-11-30	39	MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Default Judgment, filed by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE (McBride, Patricia) (Entered: 11/30/2017)
2017-12-04		MINUTE ORDER: Defendant's 39 Motion for Extension of Time is granted. Its reply and response to plaintiff's 36 Motion for Entry of Default and to Take Judicial Notice is due by 12/26/2017. Signed by Judge Emmet G. Sullivan on 12/4/17. (ms) (Entered: 12/04/2017)
2017-12-05		Set/Reset Deadlines: Defendant's Reply And Response To Plaintiff's 36 Motion For Entry Of Default And To Take Judicial Notice due by 12/26/2017. (mac) (Entered: 12/05/2017)
2017-12-26	40	REPLY to Opposition to re 34 MOTION for Summary Judgment , Defendants' Reply in Support of Motion for Summary Judgment and Opposition to Plaintiff's Motion for Default and Judicial Notice Default, filed by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE. (McBride, Patricia) Modified event title on 12/27/2017 (znmw). (Entered: 12/26/2017)
2017-12-26	41	Memorandum in opposition to re 36 MOTION for Entry of Default MOTION to Take Judicial Notice filed by FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DRUG ENFORCEMENT AGENCY, UNITED STATES MARSHAL SERVICE. (See Docket Entry 40 to view document). (znmw) (Entered: 12/27/2017)
2018-01-10	42	ENTERED IN ERROR. . . . .REPLY to opposition to motion re 36 MOTION for Entry of Default MOTION to Take Judicial Notice filed by JORGE LUIS GARZA. (Attachments: # 1 Exhibit Delivery confirmation, # 2 Exhibit Delivery confirmation, # 3 Errata Delivery confirmation)(td) Modified (Surreply, document forwarded to chambers) on 1/18/2018 (td). (Entered: 01/18/2018)
2018-02-12	43	SURREPLY to re 34 MOTION for Summary Judgment filed by JORGE LUIS GARZA. "Leave to file GRANTED" signed by Judge Emmet G. Sullivan on 02/12/2018 (jf) (Entered: 02/13/2018)
2018-08-13	44	MOTION for Status of Case by JORGE LUIS GARZA. (tth) (Entered: 08/16/2018)
2018-08-13	45	MOTION to Take Judicial Notice by JORGE LUIS GARZA. (See Docket Entry 44 to view document) (tth) (Entered: 08/16/2018)
2018-08-24	46	SECOND MOTION to Take Judicial Notice by JORGE LUIS GARZA. (tth) (Entered: 08/28/2018)
2018-09-28	47	MEMORANDUM OPINION granting 34 defendants' amended motion for summary judgment; denying 36 plaintiff's motion for entry of default and judicial notice; denying 44 plaintiff's motion for status of case and judicial notice; denying 46 plaintiff's second motion for judicial notice. See document for details. Signed by Judge Emmet G. Sullivan on 9/28/2018. (dm) (Entered: 09/28/2018)
2018-09-28	48	ORDER granting 34 defendants' amended motion for summary judgment; denying 36 plaintiff's motion for entry of default and judicial notice; denying 44 plaintiff's motion for status of case and judicial notice; denying 46 plaintiff's second motion for judicial notice. See document for details. Signed by Judge Emmet G. Sullivan on 9/28/2018. (dm) (Entered: 09/28/2018)
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