Case Detail

FOIA Project Annotation: Judge Amy Berman Jackson has ruled that the Justice Department's Office of Professional Responsibility conducted an adequate search for records about Mickey Pubien's complaint against Assistant U.S. Attorney Julia Vaglienti, who had prosecuted his case in Southern Florida, after first issuing a Glomar response neither confirming nor denying the existence of records on Vaglienti. Pubien requested records about any investigation resulting from his complaint of misconduct by Vaglienti. However, the agency interpreted the request for records concerning all complaints or investigations of Vaglienti. As a result, the agency issued a Glomar response since Pubien had not provided a third-party authorization to obtain Vaglienti's records. When Pubien told the agency that he was only interested in his complaint, the agency disclosed 126 pages with minimal redactions on two pages. Pubien argued the agency acted in bad faith by misinterpreting his request. Jackson noted that "upon reinterpreting the request as seeking only records in plaintiff's name, OPR had no duty under FOIA either to conduct a broader search in Vaglienti's name or to explain why it did not do so, as it had initially with its Glomar response." Jackson found that Vaglienti and other third parties mentioned in the records had a privacy interest in not disclosing the redacted information and that because Pubien had not shown a public interest in disclosure the agency had properly withheld the records under Exemption 6 (invasion of privacy).
Issues: Adequacy - Search, Litigation - Jurisdiction - Failure to Exhaust

Date Filed	Doc #	Docket Text
2016-09-09	1	COMPLAINT against U.S. DEPARTMENT OF JUSTICE (Filing fee $ 0.00) filed by MICKEY PUBIEN. (Attachments: # 1 Civil Cover Sheet)(jf) (Entered: 09/12/2016)
2016-09-09		SUMMONS Not Issued as to U.S. DEPARTMENT OF JUSTICE (jf) (Entered: 09/12/2016)
2016-09-09	2	MOTION for Leave to Proceed in forma pauperis by MICKEY PUBIEN (jf) (Entered: 09/12/2016)
2016-09-09	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by MICKEY PUBIEN (jf) (Entered: 09/12/2016)
2016-09-09	4	ORDER directing an initial partial filing fee in the amount of $26.63 from Prison Account of Mickey Pubien and granting 2 MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge Richard J. Leon on 09/07/2016. (jf) (Entered: 09/12/2016)
2016-09-22	5	SUMMONS (3) Issued as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General. (zmd) (Entered: 09/22/2016)
2016-09-28	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 9/26/2016, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/26/2016., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/26/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 11/25/2016.) (jf) (Entered: 09/30/2016)
2016-10-12	7	NOTICE of Appearance by Claire M. Whitaker on behalf of U.S. DEPARTMENT OF JUSTICE (Whitaker, Claire) (Entered: 10/12/2016)
2016-10-26	8	ANSWER to 1 Complaint by U.S. DEPARTMENT OF JUSTICE.(Whitaker, Claire) (Entered: 10/26/2016)
2016-10-27	9	CERTIFICATE OF SERVICE by U.S. DEPARTMENT OF JUSTICE re 8 Answer to Complaint (Amended Certificate of Service) . (Whitaker, Claire) (Entered: 10/27/2016)
2016-10-28	10	ORDER directing defendant to file a dispositive motion or a proposed schedule by November 29, 2016 (see written order for details). Signed by Judge Amy Berman Jackson on 10/28/16.(ah) (Entered: 10/28/2016)
2016-10-28		Set/Reset Deadlines: Dispositive Motion or Proposed Schedule due by 11/29/2016. (tb) (Entered: 10/28/2016)
2016-11-14	11	MOTION for leave to deny by MICKEY PUBIEN (jf) (Entered: 11/16/2016)
2016-11-16		MINUTE ORDER denying without prejudice 11 plaintiff's Motion to Deny. While defendant's answer states what its defenses will be, defendant has not yet actually filed a motion to dismiss or a motion for summary judgment that can be granted or denied. Any such motion will be due on November 29, 2016, and the Court will give the plaintiff a full opportunity to oppose any motion that is filed. Signed by Judge Amy Berman Jackson on 11/16/16. (DMK) (Entered: 11/16/2016)
2016-11-29	12	ENTERED IN ERROR..... MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Declaration Barnett Declaration, # 3 Text of Proposed Order)(Haynes, Fred) Modified on 11/30/2016 (znmw). (Entered: 11/29/2016)
2016-11-30		NOTICE OF ERROR re 12 Motion for Summary Judgment; emailed to fred.haynes@usdoj.gov, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Please refile document, 3. Signature on document does not match ECF login; ECF filing attorney is not an attorney of record; Please file a Notice of Appearance OR refile Motion using signing attorney's ECF login. (znmw, ) (Entered: 11/30/2016)
2016-11-30	13	MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Declaration Barnett Declaration, # 3 Text of Proposed Order)(Whitaker, Claire) (Entered: 11/30/2016)
2016-11-30		NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 12 MOTION for Summary Judgment was entered in error and was refiled as Docket Entry 13 MOTION for Summary Judgment. (znmw) (Entered: 11/30/2016)
2016-11-30	14	FOX/NEAL ORDER. Plaintiff shall respond to the defendant's 13 motion for summary judgment on or before January 3, 2017. If plaintiff fails to file a timely response, the Court will treat defendant's motion as conceded and dismiss the case. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/30/2016. (lcabj3) Modified on 11/30/2016 to add the written order. (jth) (Entered: 11/30/2016)
2016-12-22	15	RESPONSE re 13 MOTION for Summary Judgment filed by MICKEY PUBIEN. (jf) (Entered: 12/27/2016)
2017-01-03	16	MOTION for Summary Judgment by MICKEY PUBIEN (jf) (Entered: 01/06/2017)
2017-01-04		MINUTE ORDER: Plaintiff's Notice to Withdraw his request for a copy of defendant's motion for summary judgment 15 was docketed incorrectly as his response to defendant's motion. Since plaintiff states that he has now received defendant's motion, the court will extend the deadline for his response. In accordance with the advisements set out in the November 30, 2016 Order, plaintiff shall respond to defendant's motion for summary judgment on or before February 10, 2017. If plaintiff fails to file a timely response, the court will treat defendant's factual assertions as conceded and, if the circumstances warrant, enter judgment for the defendant. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/4/17. (ah) (Entered: 01/04/2017)
2017-01-04		Set/Reset Deadlines: Plaintiff's Response to Defendant's Summary Judgment Motion is now due by 2/10/2017. (jth) (Entered: 01/04/2017)
2017-01-17	17	MOTION for Summary Judgment (Renewed) by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit A (FOIA Request), # 2 Exhibit B (Barnett Second Decl, and exhibits), # 3 Statement of Facts, # 4 Text of Proposed Order)(Whitaker, Claire) (Entered: 01/17/2017)
2017-01-17	18	Memorandum in opposition to re 16 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (See Docket Entry 17 to view document). (znmw) (Entered: 01/18/2017)
2017-01-26	19	ORDER denying as moot 13 defendant's withdrawn Motion for Summary Judgment; directing plaintiff to file a response to defendant's renewed motion for summary judgment, and any reply in further support of his motion for summary judgment, by March 10, 2017 (see written order for details). Signed by Judge Amy Berman Jackson on 1/26/17.(ah) (Entered: 01/26/2017)
2017-01-28		Set/Reset Deadlines: Plaintiff to file a response to Defendant's renewed Motion for Summary Judgment, and any reply in further support of his Motion for Summary Judgment, by 3/10/2017. (jth) (Entered: 01/28/2017)
2017-03-06	20	Memorandum in opposition to re 17 MOTION for Summary Judgment (Renewed) filed by MICKEY PUBIEN. "Leave to file granted File as Opposition to Motion for Summary Judgment" by Judge Amy Berman Jackson(zrdj) (Entered: 03/07/2017)
2017-03-15	21	REPLY to opposition to motion re 17 MOTION for Summary Judgment (Renewed) filed by U.S. DEPARTMENT OF JUSTICE. (Whitaker, Claire) (Entered: 03/15/2017)
2017-08-29	22	ORDER denying 16 Plaintiff's Motion for Summary Judgment; granting 17 Defendant's Motion for Summary Judgment and entering judgment for the Defendant, for the reasons stated in the Memorandum Opinion issued separately this day. Signed by Judge Amy Berman Jackson on 8/29/17.(ah) (Entered: 08/29/2017)
2017-08-29	23	MEMORANDUM OPINION accompanying final order issued separately this day. Signed by Judge Amy Berman Jackson on 8/29/17.(ah) (Entered: 08/29/2017)
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