Case Detail

FOIA Project Annotation: Judge James Boasberg has ruled that the Department of Justice properly withheld emails between former Assistant Attorney General Laney Breuer and employees from his former law firm Covington & Burling under Exemption 5 (privileges) and Exemption 6 (invasion of privacy) or because the agency determined they were not agency records. Summer Shaw, the attorney for Timothy Blixseth, an investor whose Yellowstone Mountain Club ski resort ended up in bankruptcy after Blixseth misappropriated $209 million of the $375 million loan from Credit Suisse to secure funding to develop the property to pay off his personal debts, requested the records on the theory that Breuer somehow was involved in Blixseth's financial problems because a potential criminal investigation of his ex-wife was abruptly terminated while Breuer was in charge of the Criminal Division at DOJ during the Obama administration. In response to Shaw's request for all emails to or from Covington & Burling's domain name, DOJ reviewed approximately 2,760 pages, producing 228 pages in full, 435 pages in part, and withholding 61 pages. The agency also determined that 1,714 pages were duplicates and classified 307 pages as non-agency records. Shaw challenged only the agency's redactions under Exemption 6 and its decision that some records did not qualify as agency records. Boasberg cited Media Research Center v. Dept of Justice, 818F. Supp. 2d 131 (D.D.C. 2011), in which the court found that emails between then Solicitor General Elena Kagan and the Executive Office of the President pertaining to her nomination to the Supreme Court were personal in nature and did not qualify as agency records, as supporting his conclusion here pertaining to Breuer's emails. Boasberg pointed out that "Breuer, in fact, had been a long-time Covington attorney before he joined DOJ, and it is unsurprising that he would remain in close contact with his former colleagues on purely personal matters. With no reason to doubt [the agency's] assertions, the Court has little trouble concluding that these pages were created and used for the purely personal objective of corresponding with friends and former colleagues in matters entirely unrelated to DOJ activities or Blixseth." Upholding the agency's Exemption 6 claims, Boasberg rejected Shaw's claims that Blixseth had been unfairly targeted because of DOJ intervention after an alleged meeting. Boasberg pointed out that "from this unfounded theory, Plaintiff believes that Breuer's DOJ emails from 2009-2013 to 'cov.com' â€" years before the unconfirmed meeting with unknown attendees â€" include information of such significant public interest that the privacy interests in the withheld and redacted information under Exemption 6 is overcome. This Court is not remotely convinced."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2018-03-16	1	COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-5377802) filed by Summer Shaw. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Civil Cover Sheet Related Case Form, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9)(Himes, Lisa) (Entered: 03/16/2018)
2018-03-16	2	NOTICE OF RELATED CASE by UNITED STATES DEPARTMENT OF JUSTICE. Case related to Case No. 17-2756. (zsb) (Entered: 03/19/2018)
2018-03-19		Case Assigned to Judge James E. Boasberg. (zsb) (Entered: 03/19/2018)
2018-03-19	3	SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 03/19/2018)
2018-03-19	4	REQUEST FOR SUMMONS TO ISSUE as to DOJ re 1 Complaint, filed by SUMMER SHAW. Related document: 1 Complaint, filed by SUMMER SHAW.(Himes, Lisa) (Entered: 03/19/2018)
2018-03-19	5	SUMMONS (1) Issued Electronically as to UNITED STATES DEPARTMENT OF JUSTICE. (zsb) (Entered: 03/20/2018)
2018-03-20	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/19/2018. Answer due for ALL FEDERAL DEFENDANTS by 4/18/2018. (Himes, Lisa) (Entered: 03/20/2018)
2018-03-20	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/19/2018. (Himes, Lisa) (Entered: 03/20/2018)
2018-03-20	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 3/20/2018 (Himes, Lisa) (Entered: 03/20/2018)
2018-03-22		MINUTE ORDER: As discussed in today's status hearing in the companion case of No. 17-2756, the Court ORDERS that the Government shall file its Answer by April 6, 2018, and both parties shall submit a joint status report by April 20, 2018, proposing schedules for the processing and production of the requested documents. So ORDERED by Judge James E. Boasberg on 3/22/2018. (lcjeb3) (Entered: 03/22/2018)
2018-03-22		Set/Reset Deadlines: Answer due by 4/6/2018. Joint Status Report due by 4/20/2018. (nbn) (Entered: 03/22/2018)
2018-03-27	9	NOTICE of Appearance by Joshua L. Rogers on behalf of All Defendants (Rogers, Joshua) (Entered: 03/27/2018)
2018-04-05	10	ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF JUSTICE.(Rogers, Joshua) Modified to add link on 4/6/2018 (znmw). (Entered: 04/05/2018)
2018-04-20	11	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Rogers, Joshua) (Entered: 04/20/2018)
2018-04-20	12	Joint MOTION for Extension of Time to File Position Papers by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 04/20/2018)
2018-04-23		MINUTE ORDER GRANTING Joint 12 Motion for Extension of Time to File. The Court ORDERS that the parties shall submit their separate proposed schedules on or before April 27, 2018. So ORDERED by Judge James E. Boasberg on 4/23/2018. (lcjeb3) (Entered: 04/23/2018)
2018-04-23		Set/Reset Deadlines: The parties shall submit their separate proposed schedules by 4/27/2018. (znbn) (Entered: 04/23/2018)
2018-04-27	13	Joint STATUS REPORT (Defendant's Statement) by UNITED STATES DEPARTMENT OF JUSTICE. (Rogers, Joshua) (Entered: 04/27/2018)
2018-04-27	14	STATUS REPORT (Plaintiff's Position Regarding Schedule) by SUMMER SHAW. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Himes, Lisa) (Entered: 04/27/2018)
2018-05-01		MINUTE ORDER: The Court ORDERS that the parties shall appear for a status hearing set for May 21, 2018, at 10 a.m. in Courtroom 25. So ORDERED by Judge James E. Boasberg on 5/1/2018. (lcjeb3) (Entered: 05/01/2018)
2018-05-01		Set/Reset Hearings: Status Conference set for 5/21/2018 at 10:00 AM in Courtroom 25 before Judge James E. Boasberg. (nbn) (Entered: 05/01/2018)
2018-05-21		Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 5/21/2018. A Joint Status Report is due by 7/27/2018. A further Status Conference set for 7/31/2018 at 10:30 AM in Courtroom 25 before Judge James E. Boasberg. (Court Reporter Lisa Griffith) (nbn) (Entered: 05/21/2018)
2018-05-21		MINUTE ORDER: As discussed at today's status hearing, the Court ORDERS that: 1) The parties shall submit a joint status report by July 27, 2018; and 2) They shall return for a further status hearing on July 31, 2018, at 10:30 a.m. So ORDERED by Judge James E. Boasberg on 5/21/2018. (lcjeb3) (Entered: 05/21/2018)
2018-07-27	15	Joint STATUS REPORT with Separate Position Papers to Follow by UNITED STATES DEPARTMENT OF JUSTICE. (Rogers, Joshua) (Entered: 07/27/2018)
2018-07-27	16	STATUS REPORT (Position Paper with Respect to ECF No. 15) by UNITED STATES DEPARTMENT OF JUSTICE. (Rogers, Joshua) (Entered: 07/27/2018)
2018-07-27	17	STATUS REPORT (Position Brief Regarding ECF 15) by SUMMER SHAW. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Himes, Lisa) (Entered: 07/27/2018)
2018-07-31		MINUTE ORDER: As discussed at today's status hearing, the Court ORDERS that: 1) Defendant shall process no fewer than 200 pages per month for each of the two requests; 2) It shall make monthly productions on or about the 15th of each month starting in September 2018; 3) The parties shall file a further joint status report by January 18, 2019; and 4) They shall appear for a further status hearing on January 22, 2019, at 10:00 a.m. in Courtroom 25. So ORDERED by Judge James E. Boasberg on 7/31/18. (lcjeb1) (Entered: 07/31/2018)
2018-07-31		Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 7/31/2018. Joint Status Report due by 1/18/2019. Status Conference set for 1/22/2019 at 10:00 AM in Courtroom 25 before Judge James E. Boasberg. (Court Reporter Lisa Griffith) (znbn) (Entered: 07/31/2018)
2018-10-01	18	ENTERED IN ERROR.....NOTICE OF RELATED CASE by SUMMER SHAW. Case related to Case No. 1:18-cv-02281. (Himes, Lisa); Modified on 10/5/2018 (tth). (Entered: 10/01/2018)
2018-10-01	19	NOTICE OF RELATED CASE by SUMMER SHAW. Case related to Case No. 1:18-cv-02281. (Himes, Lisa) (Entered: 10/01/2018)
2018-10-05		NOTICE OF CORRECTED DOCKET ENTRY: re 18 Notice of Related Case was entered in error. The pleading was refiled as docket entry 19 . (tth) (Entered: 10/05/2018)
2019-01-17	20	Consent MOTION to Stay and continue by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Coles-Huff, Doris). Added MOTION to Continue on 1/24/2019 (znmw). (Entered: 01/17/2019)
2019-01-17		MINUTE ORDER: The Court ORDERS that Defendant's 20 Motion for Stay is GRANTED, the status hearing set for January 22, 2019, is VACATED, and the parties shall submit a joint status report within 21 days after appropriations are restored. So ORDERED by Judge James E. Boasberg on 1/17/2019. (lcjeb3) (Entered: 01/17/2019)
2019-02-15	21	MOTION for Extension of Time to File Joint Status Report by UNITED STATES DEPARTMENT OF JUSTICE (Graham-Oliver, Heather) (Entered: 02/15/2019)
2019-02-19		MINUTE ORDER: The Court ORDERS that Defendant's 21 Motion for Extension of Time is GRANTED and that the parties shall file a joint status report by February 20, 2019. So ORDERED by Judge James E. Boasberg on 2/19/2019. (lcjeb3) (Entered: 02/19/2019)
2019-02-19		Set/Reset Deadlines: Joint Status Report due by 2/20/2019 (lsj) (Entered: 02/19/2019)
2019-02-20	22	Joint STATUS REPORT by DOJ and by SUMMER SHAW. (Himes, Lisa) (Entered: 02/20/2019)
2019-02-21	23	NOTICE OF SUBSTITUTION OF COUNSEL by Diana Viggiano Valdivia on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Valdivia, Diana) (Entered: 02/21/2019)
2019-02-21		MINUTE ORDER: The Court ORDERS that a status hearing is set for March 13, 2019, at 10:30 a.m. in Courtroom 25. So ORDERED by Judge James E. Boasberg on 2/21/2019. (lcjeb3) (Entered: 02/21/2019)
2019-02-21		Set/Reset Hearings: Status Conference set for 3/13/2019 at 10:30 AM in Courtroom 25A before Judge James E. Boasberg. (znbn) (Entered: 02/22/2019)
2019-03-12	24	NOTICE of Appearance by Joshua L. Rogers on behalf of All Defendants (Rogers, Joshua) (Entered: 03/12/2019)
2019-03-13		Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 3/13/2019. Order forthcoming. (Court Reporter Lisa Griffith) (znbn) (Entered: 03/13/2019)
2019-03-13		MINUTE ORDER: As discussed at today's status hearing, the Court ORDERS that Plaintiff's motion for summary judgment on the first request shall be due by May 30, 2019, with Defendant's opposition/cross-motion due by July 1, 2019, Plaintiff's opposition/reply due by July 22, 2019, and Defendant's reply due by August 5, 2019. So ORDERED by Judge James E. Boasberg on 3/13/2019. (lcjeb3) (Entered: 03/13/2019)
2019-05-30	25	MOTION for Partial Summary Judgment by SUMMER SHAW (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Statement of Facts, # 5 Text of Proposed Order)(Himes, Lisa) (Entered: 05/30/2019)
2019-06-26	26	MOTION for Extension of Time to File Combined Opposition to Plaintiff's Motion for Summary Judgment and Cross-Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Christina Butler)(Valdivia, Diana) (Entered: 06/26/2019)
2019-06-26		MINUTE ORDER: If Plaintiff opposes Defendant's 26 Motion for Extension, the Court ORDERS that Plaintiff shall file such opposition by June 28, 2019. So ORDERED by Judge James E. Boasberg on 6/26/2019. (lcjeb3) (Entered: 06/26/2019)
2019-06-26	27	RESPONSE re 26 MOTION for Extension of Time to File Combined Opposition to Plaintiff's Motion for Summary Judgment and Cross-Motion for Summary Judgment filed by SUMMER SHAW. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Himes, Lisa) (Entered: 06/26/2019)
2019-06-27		Set/Reset Deadlines: Plaintiff's Opposition due by 6/28/2019. (lsj) (Entered: 06/27/2019)
2019-06-27		MINUTE ORDER: The Court ORDERS that Defendant shall file any Reply to Plaintiff's 27 Response by June 28, 2019. So ORDERED by Judge James E. Boasberg on 6/27/2019. (lcjeb3) (Entered: 06/27/2019)
2019-06-27		Set/Reset Deadlines: Replies due by 6/28/2019. (lsj) (Entered: 06/27/2019)
2019-06-28	28	REPLY to opposition to motion re 26 MOTION for Extension of Time to File Combined Opposition to Plaintiff's Motion for Summary Judgment and Cross-Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Valdivia, Diana) (Entered: 06/28/2019)
2019-07-01		MINUTE ORDER: The Court, consistent with its usual practice, expects counsel to consult with each other regarding motions for extensions of time and believes that this could have been accomplished more cooperatively here. That issue notwithstanding, the Court ORDERS that Defendant's 26 Motion for Extension is GRANTED, but Plaintiff may propose a date by which her responsive pleading is due so that counsel may avoid a vacation conflict. So ORDERED by Judge James E. Boasberg on 7/1/2019. (lcjeb3) (Entered: 07/01/2019)
2019-07-03	29	NOTICE Regarding Scheduling by SUMMER SHAW (Himes, Lisa) (Entered: 07/03/2019)
2019-07-03		MINUTE ORDER: The Court ADOPTS Plaintiff's 29 Notice and ORDERS that: (1) Defendant shall file its opposition and cross-motion by July 15, 2019; (2) Plaintiff shall file her opposition and reply by August 14, 2019; and (3) Defendant shall file its reply by August 28, 2019. So ORDERED by Judge James E. Boasberg on 7/3/2019. (lcjeb2) (Entered: 07/03/2019)
2019-07-03		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 7/15/2019. Reply to Motion Cross Motions due by 7/15/2019. for Summary Judgment due by 8/14/2019. Response to Cross Motions due by 8/14/2019. Reply to Cross Motions due by 8/28/2019. (znbn) (Entered: 07/05/2019)
2019-07-15	30	MOTION for Partial Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Christina Butler, # 4 Text of Proposed Order)(Valdivia, Diana) (Entered: 07/15/2019)
2019-07-15	31	Memorandum in opposition to re 25 MOTION for Partial Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Christina Butler, # 4 Text of Proposed Order)(Valdivia, Diana) (Entered: 07/15/2019)
2019-08-14	32	Memorandum in opposition to re 30 MOTION for Partial Summary Judgment filed by SUMMER SHAW. (Attachments: # 1 Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Statement of Facts, # 5 Text of Proposed Order)(Himes, Lisa) (Entered: 08/14/2019)
2019-08-14	33	REPLY to opposition to motion re 25 MOTION for Partial Summary Judgment filed by SUMMER SHAW. (ztd); (See docket entry no. 32 to view.) (Entered: 08/15/2019)
2019-08-28	34	Unopposed MOTION for Extension of Time to File Response/Reply in Support of Defendant's Motion for Partial Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Valdivia, Diana) (Entered: 08/28/2019)
2019-08-29		MINUTE ORDER: The Court ORDERS that Defendant's 34 Motion for Extension of Time is GRANTED. Defendant shall file its reply brief by September 6, 2019. So ORDERED by Judge James E. Boasberg on 8/29/2019. (lcjeb3) (Entered: 08/29/2019)
2019-08-29		Set/Reset Deadlines: Reply Brief due by 9/6/2019. (znbn) (Entered: 08/29/2019)
2019-09-03	35	ERRATA Notice of Errata (Date Correction) by SUMMER SHAW re 33 Reply to opposition to Motion, 32 Memorandum in Opposition, (Attachments: # 1 Exhibit 1)(Himes, Lisa) Modified event title on 9/4/2019 (znmw). (Entered: 09/03/2019)
2019-09-06	36	REPLY to opposition to motion re 30 MOTION for Partial Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Valdivia, Diana) (Entered: 09/06/2019)
2019-11-19	37	ORDER: The Court ORDERS that: 1) Plaintiff's 25 Motion for Partial Summary Judgment is DENIED; 2) Defendant's 30 Motion for Partial Summary Judgment is GRANTED; and 3) Judgment is ENTERED in favor of Defendant. Signed by Judge James E. Boasberg on 11/19/2019. (lcjeb3) (Entered: 11/19/2019)
2019-11-19	38	MEMORANDUM OPINION re 37 Order on Motions for partial summary judgment. Signed by Judge James E. Boasberg on 11/19/2019. (lcjeb3) (Entered: 11/19/2019)
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