Case Detail

FOIA Project Annotation: A federal court in Arizona has ruled that the Department of Homeland Security properly issued a Glomar response neither confirming nor denying the existence of records for records concerning Darrin Langton under Exemption 3 (other statutes). In response to Langton's request the Office of Intelligence and Analysis issued a Glomar response based on both he National Security Act and the Homeland Security Act. Langston filed an administrative appeal of the denial, which was upheld by the agency. After filing suit, the court upheld the Glomar response as well, noting that "by revealing whether I&A has gathered intelligence on Plaintiff, the agency may be inadvertently revealing its intelligence sources or methods. As explained in [the agency's affidavit], the confirmation or the denial of the existence of records on Plaintiff could be used by those seeking to exploit this information in actions against the United States. Plaintiff does not respond to the claims regarding Exemption 3, nor does Plaintiff allege any contrary evidence or bad faith on the part of the government."
Issues: Exemption 3 - Statutory prohibition of disclosure, Determination - Glomar response

Date Filed	Doc #	Docket Text
2020-01-14	1	COMPLAINT. Filing fee received: $400.00, receipt number 0970-17834077 filed by Darrin Langton. (Horne, Mark) (Attachments: # 1 Civil Cover Sheet)(BAC) (Entered: 01/14/2020)
2020-01-14	2	SUMMONS Submitted by Darrin Langton. (Horne, Mark) (BAC) (Entered: 01/14/2020)
2020-01-14	3	Filing fee paid, receipt number 0970-17834077. This case has been assigned to the Honorable John Z Boyle. All future pleadings or documents should bear the correct case number: CV-20-00099-PHX-JZB. Magistrate Election form attached. (BAC) (Entered: 01/14/2020)
2020-01-14	4	Summons Issued as to United States Department of Homeland Security. (BAC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 01/14/2020)
2020-01-14	5	Issued in error (see Doc. 15 ) - NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (BAC) Modified on 3/31/2020 (NKS). (Entered: 01/14/2020)
2020-02-03	6	Order that Darrin Langton show cause for failure to comply with LRCiv 3.7(b) before Chief Judge G Murray Snow. Show Cause Hearing set for 2/18/2020 at 04:30 PM before Chief Judge G Murray Snow. (Attachments: # 1 Instructions, # 2 Consent Form)(MAP) (Entered: 02/03/2020)
2020-02-04	8	Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 02/05/2020)
2020-02-05	9	MINUTE ORDER: That counsel having complied with this Court's Order, the Order to Show Cause Hearing scheduled for February 18, 2020 is hereby VACATED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 02/05/2020)
2020-03-13	10	STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: 1 Complaint by United States Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Morrison, Kristina) (Entered: 03/13/2020)
2020-03-13	11	Magistrate Election Form Deadline set as to United States Department of Homeland Security. (Attachments: # 1 Consent Form)(MAP) (Entered: 03/16/2020)
2020-03-16	12	ORDER granting 10 Stipulation For Extension of Time To Answer Complaint: Defendant shall file a responsive pleading to Plaintiff's Complaint on or before 4/8/2020. Signed by Magistrate Judge John Z Boyle on 3/13/20. (DXD) (Entered: 03/16/2020)
2020-03-30	14	Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 03/31/2020)
2020-03-31		Minute Order: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge John Z Boyle conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Ninth Circuit Court of Appeals, if an appeal is filed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 03/31/2020)
2020-03-31	15	MINUTE ORDER: The Notice (Doc. 5 ) regarding the Mandatory Initial Discovery Pilot Project (MIDP) having been issued by the Clerk's Office in error, the parties are advised that this case is not subject to the Court's MIDP. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) (Entered: 03/31/2020)
2020-04-08	16	MOTION for Summary Judgment , MOTION to Dismiss for Failure to State a Claim by United States Department of Homeland Security. (Morrison, Kristina) (Entered: 04/08/2020)
2020-04-08	17	STATEMENT OF FACTS re: 16 MOTION for Summary Judgment MOTION to Dismiss for Failure to State a Claim by Defendant United States Department of Homeland Security. (Attachments: # 1 Exhibit 1 - Declaration of Melissa Smislova)(Morrison, Kristina) (Entered: 04/08/2020)
2020-04-21	18	STIPULATION for Extension of Time to Serve Defendant by Darrin Langton. (Attachments: # 1 Text of Proposed Order)(Horne, Mark) (Entered: 04/21/2020)
2020-04-21	19	ORDER: The parties' Stipulation 18 is granted. On or before May 20, 2020, Plaintiff shall serve Defendant in accordance with Fed. R. Civ. P. 4(i)(1)(B). Signed by Magistrate Judge John Z Boyle on 4/21/2020. (REK) (Entered: 04/21/2020)
2020-04-22	20	SERVICE EXECUTED filed by Darrin Langton: Affidavit of Service re: Summons and Complaint served upon Department of Homeland Security on 04/22/2020. (Horne, Mark) (Entered: 04/22/2020)
2020-04-22	21	RESPONSE to Motion re: 16 MOTION to Dismiss for Failure to State a Claim filed by Darrin Langton. (Horne, Mark) *Modified text to clarify on 5/26/2020 (DXD). (Entered: 04/22/2020)
2020-04-23	22	REPLY to Response to Motion re: 16 MOTION for Summary Judgment MOTION to Dismiss for Failure to State a Claim filed by United States Department of Homeland Security. (Morrison, Kristina) (Entered: 04/23/2020)
2020-04-23	23	MOTION to Strike re: 16 MOTION for Summary Judgment or Alternatively for Clarification by Darrin Langton. (Attachments: # 1 Exhibit Proposed Order)(Horne, Mark) *Modified linkage on 4/24/2020 (DXD). (Entered: 04/23/2020)
2020-04-24	24	ORDER - IT IS ORDERED: 1. Plaintiff's Motion to Strike (doc. 23 ) is denied. 2. On or before May 22, 2020, Plaintiff shall file a response to Defendant's Motion for Summary Judgment (doc. 16 ). Signed by Magistrate Judge John Z Boyle on 4/24/20. (SLQ) (Entered: 04/24/2020)
2020-05-22	25	STATEMENT OF FACTS by Plaintiff Darrin Langton. (Horne, Mark) (Entered: 05/22/2020)
2020-05-22	26	RESPONSE to Motion re: 16 MOTION for Summary Judgment filed by Darrin Langton. (Horne, Mark) *Modified text to clarify on 5/26/2020 (DXD). (Entered: 05/22/2020)
2020-06-04	27	REPLY to Response to Motion re: 16 MOTION for Summary Judgment MOTION to Dismiss for Failure to State a Claim filed by United States Department of Homeland Security. (Morrison, Kristina) (Entered: 06/04/2020)
2020-08-11	28	ORDER granting 16 Motion for Summary Judgment and denying as moot 16 Motion to Dismiss for Failure to State a Claim. The Clerk is ordered to enter judgment against Plaintiff and terminate this action. Signed by Magistrate Judge John Z Boyle on 8/11/20. (DXD) (Entered: 08/11/2020)
2020-08-11	29	CLERK'S JUDGMENT - Pursuant to the Court's Order filed August 11, 2020, which granted the Motion for Summary Judgment, judgment is entered in favor of Defendant and against Plaintiff. Plaintiff to take nothing, and the complaint and action are dismissed. (DXD) (Entered: 08/11/2020)
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