Case Detail

FOIA Project Annotation: A federal court in Utah has ruled that the Department of Justice failed to show that its response to Dennis Williams' request for records on his own whistleblower complaint was proper under Exemption 5 (privileges) but agreed with the agency that most of the records were protected under Exemption 6 (invasion of privacy). DOJ referred his request to the Office of Professional Responsibility, which disclosed some records but withheld 516 pages. The FBI withheld an additional 16 pages. Williams submitted a second FOIA request to the Criminal Division for records on the possible prosecution of Thomas Pickard. The Criminal Division issued a Glomar response neither confirming nor denying the existence of records. Williams filed suit, challenging the agency's responses to both of his requests. OPR withheld all 516 pages about the investigation of Williams' whistleblower complaint under a combination of Exemption 5 and Exemption 6. Noting that the parties agreed that the records were pre-decisional, the court pointed out that the issue was whether or not they could be considered deliberative. The court observed that some of the records were clearly deliberative and properly withheld, but then indicated that some documents "were improperly withheld in full because they contain segregable information." Referring to Williams' whistleblower complaint, the court noted that "the factual statements are segregable from the author's deliberative commentary and thus OPR should redact the deliberative commentary, redact any personal information under Exemption 6, and release the remainder of the document." The court explained that "most of the documents were improperly withheld under Exemption 5 but should be partially withheld under Exemption 6. The remaining documents . . .are handwritten notes or transcripts of witness interviews. These documents are factual as they do not contain opinions, rationale, recommendations, or conclusion of the interviewer or author." The court then faulted OPR for withholding identifying information of individuals mentioned during Williams' investigation. Instead, the court noted that "although the Government may be able to withhold the names of witnesses and subjects of investigation, it must still release all reasonably segregable material." As to the FBI's withholding of identifying information, the court pointed out that the lower threshold of Exemption 7(C) (invasion of privacy concerning law enforcement records) applied to that agency. Williams argued that there was a public interest in knowing whether public servants were involved in misconduct. But the court indicated that "while this may be true, there is nothing contained in the 16 pages withheld by the FBI that would shed light on such conduct." Turning to Williams' second FOIA request for records the prosecution of Thomas Pickard, the court noted that the Criminal Division had withdrawn its Glomar response and searched for responsive records but found none. The court noted that since Williams had not challenged the search, its no records response to the Pickard request was appropriate.
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2017-06-27	1	Case has been indexed and assigned to Magistrate Judge Paul M. Warner. Plaintiff Dennis O. Williams is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day. NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance (alt) (Entered: 06/27/2017)
2017-06-27	2	COMPLAINT against US Department of Justice (Filing fee $ 400, receipt number 1088-2785886) filed by Dennis O. Williams. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit 1 - Whistle Blower FOIA, # 3 Exhibit 2 - DOJ Response to Whistle Blower FOIA, # 4 Exhibit 3 - OIP Denial of Whistle Blower FOIA Appeal, # 5 Exhibit 4 - Phoenix Memo, # 6 Exhibit 5 - Pickard FOIA, # 7 Exhibit 6 - DOJ Response to Pickard FOIA, # 8 Exhibit 7 - OIP Denial of Pickard FOIA) Assigned to Magistrate Judge Paul M. Warner (Trentadue, Jesse) (Entered: 06/27/2017)
2017-07-13	3	**RESTRICTED DOCUMENT** Summons Issued Electronically as to US Department of Justice. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (lan) (Entered: 07/13/2017)
2017-07-13	4	**RESTRICTED DOCUMENT** Summons Issued Electronically as to US Attorney General. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (lan) (Entered: 07/13/2017)
2017-07-13	5	**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Dennis O. Williams as to US Department of Justice served on 7/13/2017, answer due 8/3/2017. (Trentadue, Jesse) (Entered: 07/13/2017)
2017-08-14	6	ANSWER to Complaint filed by US Department of Justice. Attorney John K. Mangum added to party US Department of Justice(pty:dft)(Mangum, John) (Entered: 08/14/2017)
2017-08-15	7	NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use the form on this link or use the included form for non-efilers and send it to consents@utd.uscourts.gov within 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Defendant US Department of Justice, Plaintiff Dennis O. Williams. Form due by 8/30/2017. (las) (Entered: 08/15/2017)
2017-08-29	8	RECEIVED Consent/Reassignment Form from Defendant US Department of Justice. (las) (Entered: 08/29/2017)
2017-08-29	9	RECEIVED Consent/Reassignment Form from Plaintiff Dennis O. Williams. (las) (Entered: 08/29/2017)
2017-08-29	10	All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge Tena Campbell. Magistrate Judge Paul M. Warner no longer assigned to the case. (las) (Entered: 08/29/2017)
2017-09-05	11	ORDER OF RECUSAL: Judge Tena Campbell recused. Case reassigned to Judge Jill N. Parrish for all further proceedings - case number is now 2:17cv00699 JNP . Signed by Judge Tena Campbell on 8/31/17 (alt) (Entered: 09/05/2017)
2017-09-06	12	CIVIL STANDING ORDER. Signed by Judge Jill N. Parrish on 9/6/17. (ss) (Entered: 09/06/2017)
2017-09-08	13	NOTICE OF ACKNOWLEDGMENT of Civil Standing Order 12 filed by Defendant US Department of Justice (Mangum, John) (Entered: 09/08/2017)
2017-09-08	14	NOTICE OF ACKNOWLEDGMENT of Civil Standing Order 12 filed by Plaintiff Dennis O. Williams (Trentadue, Jesse) (Entered: 09/08/2017)
2017-09-08	15	ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Jill N. Parrish on 9/6/17. (ss) (Entered: 09/08/2017)
2018-10-25	16	ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen (14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Dustin B. Pead on 10/25/18 (alt) (Entered: 10/25/2018)
2018-11-19	17	Stipulated MOTION for Extension of Time for Submitting Scheduling Order filed by Plaintiff Dennis O. Williams. (Attachments: # 1 Exhibit 1 - Proposed Planning Meeting Report, # 2 Text of Proposed Order) Motions referred to Dustin B. Pead.(Trentadue, Jesse) (Entered: 11/19/2018)
2018-11-20	18	ORDER granting 17 Joint Motion for Extension of Time for Submitting Proposed Scheduling Order. The parties have until December 21, 2018, in which to submit a Proposed Scheduling Order. Signed by Magistrate Judge Dustin B. Pead on 11/20/2018. (jds) (Entered: 11/20/2018)
2018-12-18	19	MOTION to Amend/Correct 2 Complaint,, filed by Plaintiff Dennis O. Williams. (Attachments: # 1 Exhibit A - Amended Complaint, # 2 Text of Proposed Order) Motions referred to Dustin B. Pead.(Trentadue, Jesse) (Entered: 12/18/2018)
2018-12-20	20	REPORT OF ATTORNEY PLANNING MEETING. (Trentadue, Jesse) (Entered: 12/20/2018)
2018-12-21	21	SCHEDULING ORDER: The cutoff date for Plaintiff to file a Motion to Amend his Complaint is 12/31/2018. The DOJ will file a Motion for Summary Judgment and one or more Vaughn Declarations and/or Indices by 4/12/2019. Plaintiff will file his Cross Motion for Summary Judgment, if any, at the time of his response to the DOJ's Motion for Summary Judgment. Signed by Magistrate Judge Dustin B. Pead on 12/21/18. (dla) (Entered: 12/21/2018)
2018-12-21	22	Consent RESPONSE to Motion re 19 MOTION to Amend/Correct 2 Complaint,, filed by Defendant US Department of Justice. (Mangum, John) (Entered: 12/21/2018)
2018-12-28	23	DOCKET TEXT ORDER. Plaintiff's unopposed 22 Motion to Amend Complaint 19 is hereby GRANTED. Defendant shall have until January 18, 2019, or ten days after the end of any federal government shutdown, whichever comes later, to file a response to the amended pleading. The District Court Clerk's Office to file a copy of the Amended Complaint on the court docket [19-1]. Signed by Magistrate Judge Dustin B. Pead on 12/28/2018. (amn) (Entered: 12/28/2018)
2019-01-03	24	AMENDED COMPLAINT against US Department of Justice. filed by Dennis O. Williams. (Attachments: # 1 Exhibit 1 - 05/31/2016 FBI Letter, # 2 Exhibit 2 - 06/08/2017 OIP Response) (Trentadue, Jesse) (Entered: 01/03/2019)
2019-02-04	25	ANSWER to 24 Amended Complaint filed by US Department of Justice.(Mangum, John) (Entered: 02/04/2019)
2019-03-07	26	Stipulated MOTION for Amended Scheduling Order filed by Defendant US Department of Justice. Motions referred to Dustin B. Pead. Attorney Melina Shiraldi added to party US Department of Justice(pty:dft)(Shiraldi, Melina) (Entered: 03/07/2019)
2019-03-08	27	DOCKET TEXT ORDER. GRANTING stipulated Motion to Amend Scheduling Order 26 . Defendant United States Department of Justice shall have up to and including May 13, 2019, to file a Motion for Summary Judgment. Plaintiff Dennis Williams to file his cross motion for summary judgment, if any, at the time of his response to the Defendant's motion for summary judgment. Signed by Magistrate Judge Dustin B. Pead on 03/08/2019. No attached document. (amn) (Entered: 03/08/2019)
2019-05-12	28	MOTION for Extension of Time to file Motion for Summary Judgment filed by Defendant US Department of Justice. Motions referred to Dustin B. Pead.(Shiraldi, Melina) (Entered: 05/12/2019)
2019-05-13	29	DOCKET TEXT ORDER granting 28 Motion for Extension of Time. The Department of Justice shall file its motion for summary judgment no later than May 17, 2019. Signed by Judge Jill N. Parrish on 5/13/2019. No attached document. (jph) (Entered: 05/13/2019)
2019-05-17	30	Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Defendant US Department of Justice. (Attachments: # 1 Appendix)(Shiraldi, Melina) (Entered: 05/17/2019)
2019-06-05	31	Stipulated MOTION for Extension of Time to File Response/Reply as to 30 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Dennis O. Williams. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Trentadue, Jesse) (Entered: 06/05/2019)
2019-06-05	32	DOCKET TEXT ORDER granting 31 Motion for Extension of Time to File Response. Mr. Williams shall file his response to defendant's motion for summary judgment no later than June 28, 2019. Signed by Judge Jill N. Parrish on 6/5/2019. No attached document. (jph) (Entered: 06/05/2019)
2019-06-14	33	REASSIGNMENT to Newly Appointed District Judge. Case Reassigned to District Judge Howard C. Nielson, Jr. Judge Jill N. Parrish no longer assigned to the case. Orders of the prior judge are affirmed including the order of reference to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A) Case number will now read 2:17-cv-00699-HCN-DBP. Please make changes to document captions accordingly. (mlp) (Entered: 06/14/2019)
2019-06-28	34	Plaintiff's MEMORANDUM in Opposition re 30 Defendant's MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Dennis O. Williams. (Trentadue, Jesse) (Entered: 06/28/2019)
2019-06-28	35	Cross MOTION for Summary Judgment filed by Plaintiff Dennis O. Williams. (Trentadue, Jesse) (Entered: 06/28/2019)
2019-06-28	36	APPENDIX to 35 Cross MOTION for Summary Judgment , 34 Memorandum in Opposition to Motion filed by Plaintiff Dennis O. Williams . (Attachments: # 1 Exhibit 1 - Declaration, # 2 Exhibit 2 - OPR Vaughn Index)(Trentadue, Jesse) (Entered: 06/28/2019)
2019-06-28	37	Plaintiff's MOTION in Camera Review filed by Plaintiff Dennis O. Williams. Motions referred to Dustin B. Pead.(Trentadue, Jesse) (Entered: 06/28/2019)
2019-07-10	38	MOTION for Extension of Time 30 MSJ and 35 Cross MSJ 37 Motion in Camera Review filed by Defendant US Department of Justice. Motions referred to Dustin B. Pead.(Shiraldi, Melina) (Entered: 07/10/2019)
2019-07-11	39	Motions No Longer Referred: Defendant's Motion for Extension of Time 38 will be addressed by the District Court. (Entered: 07/11/2019)
2019-07-11	40	DOCKET TEXT ORDER granting 38 Motion for Extension of Time to File Reply and Response. Defendant shall file its combined Reply supporting its Motion for Summary Judgment and its response to Plaintiff's Cross-motion for Summary Judgment and Motion for In Camera Review no later than July 26, 2019. Signed by Judge Howard C. Nielson, Jr., on 7/11/2019. No attached document. (mtw) (Entered: 07/11/2019)
2019-07-26	41	Entry Error : Document refiled correctly as 42 . REPLY to Response to Motion re 35 Cross MOTION for Summary Judgment filed by Defendant US Department of Justice. (Attachments: # 1 Exhibit A) Attorney Amanda A. Berndt added to party US Department of Justice(pty:dft)(Berndt, Amanda) Modified on 7/31/2019 by adding error text (las). (Entered: 07/26/2019)
2019-07-26	42	REPLY to Response to Motion re 35 Cross MOTION for Summary Judgment filed by Defendant US Department of Justice. (Attachments: # 1 Exhibit A)(Berndt, Amanda) (Entered: 07/26/2019)
2019-07-29	43	Motions No Longer Referred: Plaintiff's MOTION for In Camera Review 37 will be addressed by the District Court in conjunction with Plaintiff's Motion for Summary Judgment 35 .(amn) (Entered: 07/29/2019)
2019-07-30	44	ORDER OF RECUSAL Judge Howard C. Nielson, Jr. recused. Case reassigned to Judge Ted Stewart for all further proceedings. Signed by Judge Howard C. Nielson, Jr. on 7/30/2019. (nl) (Entered: 07/30/2019)
2019-07-31	45	Modification of Docket: Error: Wrong document attached. Correction: Counsel has refiled the correct document as entry 42 . re 41 Reply Memorandum/Reply to Response to Motion. (las) (Entered: 07/31/2019)
2019-08-02	46	Stipulated MOTION for Extension of Time to File Response/Reply as to 35 Cross MOTION for Summary Judgment , 37 Plaintiff's MOTION in Camera Review filed by Plaintiff Dennis O. Williams. (Attachments: # 1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Trentadue, Jesse) (Entered: 08/02/2019)
2019-08-05	47	Motions No Longer Referred: 46 Stipulated MOTION for Extension of Time to File Response/Reply as to 35 Cross MOTION for Summary Judgment , 37 Plaintiff's MOTION in Camera Review will be addressed by the District Court. (amn) (Entered: 08/05/2019)
2019-08-05	48	ORDER granting 46 Motion for Extension of Time to File Response/Reply re 35 Cross MOTION for Summary Judgment , 37 Plaintiff's MOTION in Camera Review. Replies due by 8/31/2019. Signed by Judge Ted Stewart on 8/5/2019. (las) (Entered: 08/05/2019)
2019-08-29	49	Plaintiff's REPLY to Response to Motion re 35 Cross MOTION for Summary Judgment and Motion for In Camera Review filed by Plaintiff Dennis O. Williams. (Trentadue, Jesse) (Entered: 08/29/2019)
2019-09-05	50	REQUEST to Submit for Decision re 35 Cross MOTION for Summary Judgment , 30 Defendant's MOTION for Summary Judgment and Memorandum in Support , 37 Plaintiff's MOTION in Camera Review filed by Plaintiff Dennis O. Williams. (Trentadue, Jesse) (Entered: 09/05/2019)
2019-09-09	51	ORDER granting 37 Motion for In Camera Review. See order for details. Signed by Judge Ted Stewart on 9/9/2019. (las) (Entered: 09/09/2019)
2019-09-24	52	NOTICE of Compliance by US Department of Justice re 51 Order on Motion for Miscellaneous Relief (Shiraldi, Melina) (Entered: 09/24/2019)
2019-10-21	53	NOTICE of Compliance by US Department of Justice re 51 Order on Motion for Miscellaneous Relief (Shiraldi, Melina) (Entered: 10/21/2019)
2019-12-09	54	MEMORANDUM DECISION AND ORDER granting in part and denying in part 30 Motion for Summary Judgment ; granting in part and denying in part 35 Motion for Summary Judgment. See Order for Details. Signed by Judge Ted Stewart on 12/9/2019. (las) (Entered: 12/09/2019)
2019-12-13	55	JUDGMENT - It is Ordered and Adjudged that judgment be entered in accordance with the Courts Memorandum Decision and Order Granting in Part and Denying in Part the Cross Motions for Summary Judgment (Doc. No. 54 ). Signed by Judge Ted Stewart on 12/13/2019. (las) (Entered: 12/13/2019)
2019-12-17	56	Plaintiff's MOTION for Attorney Fees filed by Plaintiff Dennis O. Williams. (Attachments: # 1 Exhibit 1 - Trentadue Declaration, # 2 Exhibit 2 - Waddoups Declaration, # 3 Exhibit 3 - DOJ Cover Letter) Motions referred to Dustin B. Pead.(Trentadue, Jesse) (Entered: 12/17/2019)
2019-12-17	57	BILL OF COSTS filed by Dennis O. Williams. (Attachments: # 1 Exhibit Table of Costs)(Trentadue, Jesse) (Entered: 12/17/2019)
2019-12-18	58	Motions No Longer Referred: 56 Plaintiff's MOTION for Attorney Fees (tlc) (Entered: 12/18/2019)
2019-12-18	59	MOTION for Extension of Time to File Response/Reply to 56 Motion for Attorney Fees filed by Defendant US Department of Justice. Motions referred to Dustin B. Pead.(Shiraldi, Melina) (Entered: 12/18/2019)
2019-12-18	60	DOCKET TEXT ORDER granting 59 Motion for Extension of Time to File Response/Reply re 56 Plaintiff's MOTION for Attorney Fees Responses due by 2/14/2020 Signed by Judge Ted Stewart on 12/18/2019. No attached document. (tlc) (Entered: 12/18/2019)
2019-12-19		Civil Case Terminated per 55 Judgment. Magistrate Judge Dustin B. Pead no longer assigned to case. (las) (Entered: 12/19/2019)
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