Case Detail

FOIA Project Annotation: A federal court in Virginia has ruled that the FBI conducted an adequate search for records about Tristan di Montenegro and properly withheld records under a variety of exemptions, primarily various subsections of Exemption 7 (law enforcement records). The court also agreed with the FBI that Exemption (j)(2) of the Privacy Act, which exempts law enforcement systems of records, provided the basis for a Glomar response neither confirming nor denying the existence of records pertaining to whether or not di Montenegro was included on a watch list. Although its first search turned up no records, the FBI ultimately located 62 pages, releasing 48 pages with redactions, as well as referring documents to U.S. Immigration and Customs Enforcement and the Department of State. Upholding the agency's use of a Glomar response based on (j)(2) of the Privacy Act, the court noted that "the plain language of Exemption (j)(2) applies to prevent the disclosure of any information regarding FBI watch lists, as such lists are clearly intended to help law enforcement prevent crime and apprehend criminals. While no Circuit Court of Appeals has previously addressed a Glomar response in the specific context of PA Exemption (j)(2), the Court nevertheless finds that the FBI would be well within its authority to provide this sort of generic statement to Plaintiff."
Issues: Determination - Glomar response

Date Filed	Doc #	Docket Text
2016-11-04	1	COMPLAINT against Federal Bureau of Investigation, filed by Tristan di Montenegro. (Attachments: # 1 attachment 1, # 2 attachment 1B, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Civil Cover Sheet)(klau, ) (Entered: 11/04/2016)
2016-11-04	2	MOTION for Leave to Proceed in forma pauperis by Tristan di Montenegro. (Attachments: # 1 attachment)(klau, ) (Entered: 11/04/2016)
2016-11-08	3	Sealed ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by District Judge James C. Cacheris on 11/8/2016. (rban, ) (Entered: 11/08/2016)
2016-11-15	4	Summons Issued and given to US Marshal for service as to Federal Bureau of Investigation, U.S. Attorney and U.S. Attorney General (klau, ) (Entered: 11/16/2016)
2016-11-18	5	MOTION for Pro Se E-Noticing by Tristan di Montenegro. (klau, ) (Entered: 11/18/2016)
2016-11-18	7	ORDER granting 5 Motion for Pro Se E-Noticing. Signed by District Judge James C. Cacheris on 11/22/16. (klau, ) (Entered: 11/23/2016)
2016-11-30	8	SUMMONS Returned Executed as to U.S. Attorney served on 11/18/2016, answer due 1/17/2017. (klau, ) (Entered: 11/30/2016)
2016-12-13	9	Affidavit of Service Returned Executed as to U.S. Attorney General. (klau, ) (Entered: 12/14/2016)
2016-12-19	10	ANSWER to 1 Complaint by Federal Bureau of Investigation.(Barghaan, Dennis) (Entered: 12/19/2016)
2016-12-19	11	STATUS REPORT by Federal Bureau of Investigation. (Barghaan, Dennis) (Entered: 12/19/2016)
2017-01-19	12	Affidavit of Service Returned Executed as to Federal Bureau of Investigation. (klau, ) (Entered: 01/19/2017)
2017-02-23	13	Response to 11 Federal Bureau of Investigations Status Report filed by Tristan di Montenegro. (dest, ) (Entered: 02/24/2017)
2017-03-03	14	NOTICE of Appearance by Rebecca S. Levenson on behalf of Federal Bureau of Investigation (Levenson, Rebecca) (Entered: 03/03/2017)
2017-03-09	15	ORDER that 1) Defendant shall complete its search and production of records no later than March 16, 2017; and 2) The parties shall file a joint status report regarding any outstanding issues no later than April 5, 2017. Signed by District Judge James C. Cacheris on 3/9/17. (klau, ) (Entered: 03/09/2017)
2017-04-04	16	STATUS REPORT by Tristan di Montenegro. (klau, ) (Entered: 04/05/2017)
2017-04-05	17	NOTICE of Appearance by R. Trent McCotter on behalf of Federal Bureau of Investigation (McCotter, R.) (Entered: 04/05/2017)
2017-04-05	18	STATUS REPORT by Federal Bureau of Investigation (Attachments: # 1 Proposed Order)(McCotter, R.) Modified text on 4/6/2017 Counsel refiled Amended Status Report as dkt. no. 19(klau, ). (Main Document 18 replaced on 4/6/2017) (gwalk, ). (Entered: 04/05/2017)
2017-04-05	19	(Amended) Status Report by Federal Bureau of Investigation (Attachments: # 1 Proposed Order)(McCotter, R.) Modified text on 4/6/2017 (klau, ). (Entered: 04/05/2017)
2017-04-06	20	ORDERED that Defendant shall file its motion for summary judgment, together with an accompanying legal memorandum, on or before 5/19/2017; that Plaintiff shall file his memorandum in opposition to Defendant's motion for summary judgment on or before 6/9/2017; that Defendant shall file it reply memorandum in further support of its motion for summary judgment on or before 6/19/2017; that this matter is set for hearing on 6/22/2017. Signed by District Judge James C. Cacheris on 4/6/2017. (rban, ) (Entered: 04/07/2017)
2017-04-07		Alexandria Set/Reset Hearings: Summary Judgment Hearing set for 6/22/2017 at 10:00 AM in Alexandria Courtroom 1000 before District Judge James C. Cacheris. (rban, ) (Entered: 04/07/2017)
2017-05-19	21	MOTION for Summary Judgment by Federal Bureau of Investigation. (McCotter, R.) (Entered: 05/19/2017)
2017-05-19	22	Memorandum in Support re 21 MOTION for Summary Judgment filed by Federal Bureau of Investigation. (Attachments: # 1 Exhibit FBI Hardy Declaration, # 2 Exhibit OIG Waller Declaration, # 3 Exhibit ICE Pineiro Declaration, # 4 Exhibit State Stein Declaration)(McCotter, R.) (Entered: 05/19/2017)
2017-05-19	23	Roseboro Notice as to Motion for Summary Judgment by Federal Bureau of Investigation (McCotter, R.) (Entered: 05/19/2017)
2017-05-19		Notice of Correction re 21 MOTION for Summary Judgment , The filing user has been notified to file a Notice of Hearing Date (klau, ) (Entered: 05/19/2017)
2017-05-19	24	Notice of Hearing Date June 22, 2017 re 21 MOTION for Summary Judgment (McCotter, R.) (Entered: 05/19/2017)
2017-05-22		Set Deadlines as to 21 MOTION for Summary Judgment . Motion Hearing set for 6/22/2017 at 10:00 AM in Alexandria Courtroom 1000 before District Judge James C. Cacheris. (clar, ) (Entered: 05/22/2017)
2017-06-22	25	Minute Entry for proceedings held before District Judge James C. Cacheris: Summary Judgment Hearing / Motion Hearing held on 6/22/2017 re: Defendant's Motion 21 for Summary Judgment. R. Trent McCotter and Dennis C. Barghaan, Jr. present on behalf of defendant. Plaintiff present pro se. Matter briefed, argued, and taken under advisement. Order to follow. (Court Reporter Tonia Harris)(mpha) (Entered: 06/22/2017)
2017-06-22	26	MEMORANDUM OPINION Signed by District Judge James C. Cacheris on 6/22/17. (gwalk, ) **Order to follow** (Entered: 06/22/2017)
2017-06-22	27	ORDER - For the reasons stated in the accompanying Memorandum Opinion, it is HEREBY ORDERED that: Defendants Motion for Summary Judgment 21 is GRANTED. THIS ORDER IS FINAL. Signed by District Judge James C. Cacheris on 6/22/17. (gwalk, ) copy mailed to pro se with memorandum opinion (Entered: 06/22/2017)
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