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Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [21]
FOIA Project Annotation: Judge Amy Berman Jackson has ruled that the FBI properly invoked a Glomar response neither confirming nor denying the existence of records based on Exemption 7(A) (interference with ongoing investigation or proceeding) and Exemption 7(E) (investigative method or techniques) in response to a request from BuzzFeed reporters Peter Aldhous and Charles Seife for flight logs and evidence logs for 27 aerial surveillance aircraft identified by their unique tail numbers and locations. Aldhous and Seife citing CREW v. Dept of Justice, 746 F.3d 1082 (D.C. Cir. 2014), argued that Exemption 7(A) did not apply because the FBI had failed to identify a specific investigation that could be compromised by disclosure. Jackson pointed out that Aldhous and Seife had taken that part of CREW, which dealt with the government's implicit claim that Exemption 7(A) applied to closed investigations as well, out of context. Jackson observed that "here, the [agency's declaration] has plainly stated that merely revealing whether these records exist could compromise 'pending' or 'current' law enforcement investigations." Aldous and Seife contended that Exemption 7(E) did not apply either because disclosure would not reveal any techniques that were not already publicly known. Jackson disagreed, noting that "public awareness that the FBI uses airplanes, or even, press speculation that certain planes are FBI planes, is not the same as, and does not give rise to the same risk as, the FBI's own confirmation of its use of specific aircraft, and that admission would be inherent in confirming the existence of records responsive to plaintiffs' request." Jackson rejected Aldous and Seife's argument that the aircraft had been identified in disclosures made to the ACLU. After reviewing the information disclosed to the ACLU, Jackson found no waiver based on official acknowledgment. She pointed out that "it is simply not enough to point to 'similar' flight logs or evidence logs; to overcome the government's Glomar response, plaintiffs must point to records that acknowledge the existence of flight logs and evidence logs tied to the 'specific' aircraft identified in plaintiffs' request."
Issues: Determination - Glomar response, Exemption 7(A) - Interference with ongoing investigation, Exemption 7(E) - Investigative methods or techniques
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| Date Filed | Doc # | Docket Text |
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| 2017-05-15 | 1 | COMPLAINT for Injunctive Relief against DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4951101) filed by BUZZFEED, INC., CHARLES SEIFE, PETER ALDHOUS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons DOJ, # 3 Summons Attorney General, # 4 Summons U.S. Attorney)(Hofmann, Marcia) (Entered: 05/15/2017) |
| 2017-05-15 | 2 | LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BUZZFEED, INC. (Hofmann, Marcia) (Entered: 05/15/2017) |
| 2017-05-15 | | Case Assigned to Judge Amy Berman Jackson. (zsb) (Entered: 05/15/2017) |
| 2017-05-15 | 3 | SUMMONS (3) Issued Electronically as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 05/15/2017) |
| 2017-06-06 | 4 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/25/2017. Answer due for ALL FEDERAL DEFENDANTS by 6/24/2017. (Hofmann, Marcia) (Entered: 06/06/2017) |
| 2017-06-07 | | NOTICE OF ERROR re 4 Summons Returned Executed in FOIA as to U.S. Attorney; emailed to marcia@zeitgeist.law, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. In the future, please remember to select the appropriate relief for all entities that have been served. (ztd, ) (Entered: 06/07/2017) |
| 2017-06-07 | 5 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/24/17., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 5/24/2017 (td) (Entered: 06/07/2017) |
| 2017-06-12 | 6 | NOTICE of Appearance by William Mark Nebeker on behalf of DEPARTMENT OF JUSTICE (Nebeker, William) (Entered: 06/12/2017) |
| 2017-06-26 | 7 | ANSWER to Complaint by DEPARTMENT OF JUSTICE.(Nebeker, William) (Entered: 06/26/2017) |
| 2017-06-26 | | MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiffs on or before July 24, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/26/2017. (lcabj3) (Entered: 06/26/2017) |
| 2017-07-18 | 8 | Unopposed MOTION for Extension of Time to File Dispositive Motion by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 07/18/2017) |
| 2017-07-19 | | MINUTE ORDER granting defendant's 8 unopposed motion for an extension of time. Defendant's motion for summary judgment shall be filed by September 14, 2017. Plaintiffs' opposition, combined with any cross-motion and supported by a single memorandum of points and authorities, shall be filed by October 3, 2017. Defendant's reply, combined with any cross-opposition and supported by a single memorandum of points and authorities, shall be filed by October 24, 2017. And plaintiffs' cross-reply, if necessary, shall be filed by November 3, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/19/2017. (lcabj3) (Entered: 07/19/2017) |
| 2017-09-14 | 9 | MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration Hardy, # 2 Text of Proposed Order)(Nebeker, William) (Entered: 09/14/2017) |
| 2017-09-14 | 10 | MOTION for Leave to File Second Declaration Ex Parte, In Camera re 9 MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) Modified event title on 9/15/2017 (znmw). (Entered: 09/14/2017) |
| 2017-09-15 | | MINUTE ORDER granting defendant's 10 Motion for Leave to File an Ex Parte, In Camera Declaration. "The receipt of in camera affidavits... when necessary, [is] 'part of a trial judge's procedural arsenal.'" Arieff v. U.S. Dep't of Navy, 712 F.2d 1462, 1469 (D.C. Cir. 1983), quoting United States v. Southard, 700 F.2d 1, 11 (1st Cir. 1983). The Court intends to rule on the question of whether continued sealing is appropriate after it has received and reviewed what it is that the defendant seeks to file. See Lykins v. U.S. Dep't of Justice, 725 F.2d 1455, 1465 (D.C. Cir. 1984) (stating that a court considering litigation materials filed in camera "should be certain to make the public record as complete as possible"). The ex parte, in camera declaration shall be delivered to chambers by September 22, 2017, and a redacted declaration shall be filed on the public docket by the same date. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/15/2017. (lcabj3) (Entered: 09/15/2017) |
| 2017-09-21 | 11 | NOTICE Of In Camera, Ex Parte Submission by DEPARTMENT OF JUSTICE re 9 MOTION for Summary Judgment , Order on Motion for Miscellaneous Relief,,,,, Set/Reset Deadlines,,,, (Attachments: # 1 Declaration Redacted)(Nebeker, William) (Entered: 09/21/2017) |
| 2017-10-03 | 12 | Cross MOTION for Summary Judgment by PETER ALDHOUS, BUZZFEED, INC., CHARLES SEIFE (Attachments: # 1 Statement of Facts, # 2 Declaration of Peter Aldhous, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Text of Proposed Order)(Hofmann, Marcia) (Entered: 10/03/2017) |
| 2017-10-03 | 13 | Memorandum in opposition to re 9 MOTION for Summary Judgment filed by PETER ALDHOUS, BUZZFEED, INC., CHARLES SEIFE. (Attachments: # 1 Statement of Facts, # 2 Declaration of Peter Aldhous, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Text of Proposed Order)(Hofmann, Marcia) (Entered: 10/03/2017) |
| 2017-10-20 | 14 | Unopposed MOTION for Extension of Time to File Response/Reply as to 12 Cross MOTION for Summary Judgment , 9 MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 10/20/2017) |
| 2017-10-20 | | MINUTE ORDER granting defendant's unopposed motion for an extension of time. Defendant shall file its cross-opposition/reply to plaintiffs' cross-motion for summary judgment by November 21, 2017. Plaintiff shall file its cross-reply by December 15, 2017. Signed by Judge Amy Berman Jackson on 10/20/2017. (lcabj3) (Entered: 10/20/2017) |
| 2017-11-21 | 15 | Memorandum in opposition to re 12 Cross MOTION for Summary Judgment , filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Second Hardy Declaration, # 2 Text of Proposed Order)(Nebeker, William) Modified on 11/24/2017 to edit linkage (zrdj). (Entered: 11/21/2017) |
| 2017-11-21 | 16 | REPLY to opposition to motion re 9 MOTION for Summary Judgment (same as ECF No. 15) filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Second Hardy Declaration, # 2 Text of Proposed Order)(Nebeker, William) Modified on 11/24/2017 correct linkage (zrdj). (Entered: 11/21/2017) |
| 2017-12-15 | 17 | REPLY to opposition to motion re 12 Cross MOTION for Summary Judgment filed by PETER ALDHOUS, BUZZFEED, INC., CHARLES SEIFE. (Attachments: # 1 Statement of Facts Updated Response, # 2 Declaration (Second) of Peter Aldhous, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F)(Hofmann, Marcia) (Entered: 12/15/2017) |
| 2017-12-20 | 18 | Unopposed MOTION Leave to File Sur-Reply re 17 Reply to opposition to Motion, by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 12/20/2017) |
| 2017-12-21 | | MINUTE ORDER granting 18 defendant's unopposed motion for leave to file a sur-reply. Defendant may file a sur-reply not to exceed 10 pages by January 23, 2018. Signed by Judge Amy Berman Jackson on 12/21/2017. (lcabj3) (Entered: 12/21/2017) |
| 2017-12-22 | | Set/Reset Deadlines: Defendant's sur-reply due by 1/23/2018. (tb) (Entered: 12/22/2017) |
| 2018-01-22 | 19 | SURREPLY re 9 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Nebeker, William) Modified event title on 1/23/2018 (znmw). (Entered: 01/22/2018) |
| 2018-09-26 | 20 | ORDER. Pursuant to Federal Rules of Civil Procedure 56 and 58 and for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that defendant's Motion for Summary Judgment 9 is GRANTED and plaintiffs' Cross-Motion for Summary Judgment 12 is DENIED. SO ORDERED. Signed by Judge Amy Berman Jackson on 09/26/2018. (lcabj3) (Entered: 09/26/2018) |
| 2018-09-26 | 21 | MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 09/26/2018. (lcabj3) (Entered: 09/26/2018) |
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