Case Detail

FOIA Project Annotation: Judge Trevor McFadden has ruled that the FBI properly responded to requests from researcher Angela Clemente for records concerning Jeffrey Epstein. In response to Clemente's requests, the FBI identified 11,571 potentially responsive records, including some records that were in the Vault, the FBI's Online Library. The FBI released 181 pages from the Vault in full and 1,051 pages in part. It withheld 10,339 pages in full under a number of exemptions. It then located an additional 1,505 pages of responsive records, releasing 665 pages in full and 743 pages in part. McFadden first indicated that the agency's search was adequate. He then turned to Exemption 1 (national security), noting that "the Court finds that it is both plausible and logical that disclosure of the withheld information could reasonably be expected to damage national security. The FBI persuasively explains how disclosure of the information at issue would 'adversely disrupt' its intelligence-gathering capabilities." Under Exemption 5 (privileges), the FBI withheld discussions of how it responded to Clemente's requests. Here, McFadden indicated that "the FBI explains that these emails are deliberative and predisional because they discuss whether information pertained to an investigation can be released to the FOIA requester and contain 'strategy development on how to handle 'FOIA responses, including whether expedited processing is warranted. The court agrees that these emails quality for the deliberative process privilege." McFadden agreed with the FBI's use of Exemption 7(E) (investigative methods or techniques). He pointed out that "the FBI has adequately explained that it applied this exemption to non-public investigative techniques and procedures that it uses to enforce laws. And the FBI articulates a context-specific foreseeable harm: releasing investigative techniques could help criminals to evade the law, employ countermeasures, and avoid criminal activities in a particular area to evade detection."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2020-06-10	1	COMPLAINT For Declaratory and Injunctive Relief against All Plaintiffs (Against All Defendants) ( Filing fee $ 400 receipt number ADCDC-7216377) filed by ANGELA CLEMENTE. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Notice to Counsel/Party, # 8 Civil Cover Sheet)(Lesar, James) (Entered: 06/10/2020)
2020-06-10	2	NOTICE OF RELATED CASE by ANGELA CLEMENTE. Case related to Case No. 13-cv-108. (zmc) (Entered: 06/11/2020)
2020-06-12		Case assigned to Judge Thomas F. Hogan. (zmc) (Entered: 06/12/2020)
2020-06-12		SUMMONS Not Issued as to FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (zmc) (Entered: 06/12/2020)
2020-06-30	3	REQUEST FOR SUMMONS TO ISSUE FBI filed by ANGELA CLEMENTE.(Lesar, James) (Entered: 06/30/2020)
2020-06-30	4	REQUEST FOR SUMMONS TO ISSUE Department of Justice filed by ANGELA CLEMENTE.(Lesar, James) (Entered: 06/30/2020)
2020-06-30	5	ENTERED IN ERROR.....REQUEST FOR SUMMONS TO ISSUE FBI filed by ANGELA CLEMENTE.(Lesar, James) Modified on 7/2/2020 (eg). (Entered: 06/30/2020)
2020-06-30	6	ENTERED IN ERROR.....REQUEST FOR SUMMONS TO ISSUE John Doe Agency #1 through John Doe Agency #10 filed by ANGELA CLEMENTE.(Lesar, James) Modified on 7/2/2020 (eg). (Entered: 06/30/2020)
2020-07-02		NOTICE OF CORRECTED DOCKET ENTRY: re 6 Request for Summons to Issue, 5 Request for Summons to Issue was entered in error as duplicate to entry 3 and 4 . (eg) (Entered: 07/02/2020)
2020-07-02	7	SUMMONS (2) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachment: # 1 Notice and Consent)(eg) (Entered: 07/02/2020)
2020-08-10	8	NOTICE of Appearance by Christopher Charles Hair on behalf of FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Hair, Christopher) (Entered: 08/10/2020)
2020-08-10	9	ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE.(Hair, Christopher) (Entered: 08/10/2020)
2020-08-11		MINUTE ORDER requiring the parties to confer and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request, and the anticipated date(s) for the release of requested documents that are still being processed, if any. The parties shall file the joint status report on or before September 11, 2020. Signed by Judge Thomas F. Hogan on August 11, 2020. (CR) (Entered: 08/11/2020)
2020-08-12		Set/Reset Deadlines: Joint Status Report due by 9/11/2020 (hs) (Entered: 08/12/2020)
2020-09-09	10	NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez on behalf of FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE Substituting for attorney Christopher C. Hair (Gonzalez, Brenda) (Entered: 09/09/2020)
2020-09-11	11	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Gonzalez, Brenda) (Entered: 09/11/2020)
2020-09-15	12	Case randomly reassigned to Judge Trevor N. McFadden as the case is not related. Judge Thomas F. Hogan is no longer assigned to the case. (rj) (Entered: 09/15/2020)
2020-09-15		MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report, it is hereby ORDERED that the parties shall appear by telephone for a status conference on September 22, 2020, at 10:30 a.m. before Judge Trevor N. McFadden. Dial-in information will be emailed to counsel. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/15/2020. (lctnm3) (Entered: 09/15/2020)
2020-09-15		Set/Reset Hearings: Telephonic Status Conference set for 9/22/2020 at 10:30 AM before Judge Trevor N. McFadden. (hmc) (Entered: 09/15/2020)
2020-09-22		Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 9/22/2020. Joint Status Report due by 10/23/2020. (Court Reporter: Crystal Pilgrim.) (hmc) (Entered: 09/22/2020)
2020-10-22	13	NOTICE of Appearance by Julia Greenberg on behalf of ANGELA CLEMENTE (Greenberg, Julia) (Entered: 10/22/2020)
2020-10-23	14	STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Gonzalez-Horowitz, Brenda) (Entered: 10/23/2020)
2020-10-23	15	STATUS REPORT by ANGELA CLEMENTE. (Attachments: # 1 Exhibit Letter from Miami Herald)(Greenberg, Julia) (Entered: 10/23/2020)
2020-10-26		MINUTE ORDER. Upon consideration of Defendants' 14 Status Report and Plaintiff's 15 Status Report, it is hereby ORDERED that the parties shall file a single, joint status report on or before November 23, 2020. It is further ORDERED that the parties shall confer on the records to be prioritized by Defendants in response to Plaintiff's FOIA request. The Court also denies Plaintiff's request for a summary judgment briefing schedule at this time. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/26/2020. (lctnm3) (Entered: 10/26/2020)
2020-10-26		Set/Reset Deadlines: Joint Status Report due by 11/23/2020. (hmc) (Entered: 10/26/2020)
2020-10-29	16	TRANSCRIPT OF PROCEEDINGS before Judge Trevor N. McFadden held on 09/22/2020; Page Numbers: 1-12. Date of Issuance:10/29/2020. Court Reporter/Transcriber Crystal M. Pilgrim, Telephone number 202.354.3127, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenc ed above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/19/2020. Redacted Transcript Deadline set for 11/29/2020. Release of Transcript Restriction set for 1/27/2021.(Pilgrim, Crystal) (Entered: 10/29/2020)
2020-11-23	17	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Gonzalez-Horowitz, Brenda) (Entered: 11/23/2020)
2020-11-24		MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before December 22, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/24/2020. (lctnm3) (Entered: 11/24/2020)
2020-11-24		Set/Reset Deadlines: Joint Status Report due by 12/22/2020. (ztg) (Entered: 11/24/2020)
2020-12-14	18	NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Duffey on behalf of All Defendants Substituting for attorney Brenda A. Gonzalez-Horowitz (Duffey, Thomas) (Entered: 12/14/2020)
2020-12-22	19	STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, JOHN DOE AGENCY 1 THROUGH JOHN DOE AGENCY 10, U.S. DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 12/22/2020)
2020-12-23	20	STATUS REPORT by ANGELA CLEMENTE. (Attachments: # 1 Declaration by Angela Clemente)(Greenberg, Julia) (Entered: 12/23/2020)
2020-12-23		MINUTE ORDER. This is now the second time the parties have filed separate status reports in contravention of the Court's order. The parties are reminded to work cooperatively to follow the Court's orders in a timely fashion. Upon consideration of Defendants' 19 Status Report and Plaintiff's 20 Status Report, it is hereby ORDERED that the parties shall file a single, Joint Status Report by January 22, 2021. It is further ORDERED that the parties shall continue to confer on the records to be prioritized by Defendants in response to Plaintiff's FOIA request. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/23/2020. (lctnm3) (Entered: 12/23/2020)
2020-12-28		Set/Reset Deadlines: Joint Status Report due by 1/22/2021. (hmc) (Entered: 12/28/2020)
2021-01-22	21	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration)(Duffey, Thomas) (Entered: 01/22/2021)
2021-01-22		MINUTE ORDER. Upon consideration of the parties' 21 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before March 22, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/22/2021. (lctnm3) (Entered: 01/22/2021)
2021-01-24	22	Joint STATUS REPORT Amended by ANGELA CLEMENTE. (Greenberg, Julia) (Entered: 01/24/2021)
2021-01-25		Set/Reset Deadlines: Joint Status Report due by 3/22/2021. (hmc) (Entered: 01/25/2021)
2021-01-25		NOTICE OF ERROR re 22 Status Report; emailed to juliagreenberg5@gmail.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. FYI: DO N OT REFILE. Attorney signature must match Login/Password in future filings. (zeg, ) (Entered: 01/25/2021)
2021-03-22	23	Joint STATUS REPORT with Wecht Declaration by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration)(Duffey, Thomas) (Entered: 03/22/2021)
2021-03-23		MINUTE ORDER. Upon consideration of the parties' 23 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before May 21, 2021. It is further ORDERED that the parties shall confer on which set of records should be prioritized by Defendants in response to Plaintiff's FOIA request. The Court is inclined to agree with Defendants that the current priorities provided by Plaintiff are confusing and overbroad. The Court DENIES Plaintiff's request to set a deadline for the release of documents at this stage. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/23/2021. (lctnm3) (Entered: 03/23/2021)
2021-03-24		Set/Reset Deadlines: Joint Status Report due by 5/21/2021. (hmc) (Entered: 03/24/2021)
2021-05-21	24	Joint STATUS REPORT with Plaintiff's Priorities by FEDERAL BUREAU OF INVESTIGATION, JOHN DOE AGENCY 1 THROUGH JOHN DOE AGENCY 10, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Supplement Plaintiff's Priorities)(Duffey, Thomas) (Entered: 05/21/2021)
2021-05-24	25	ERRATA to Joint Status Report by ANGELA CLEMENTE. (Greenberg, Julia) (Entered: 05/24/2021)
2021-05-24		MINUTE ORDER. Upon consideration of the parties' 24 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before July 21, 2021. It is further ORDERED that Plaintiff's request that Defendants "release all currently withheld information" and immediately produce all records to date is DENIED. The Court also finds that summary judgment briefing and the production of a Vaughn index is premature at this time. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/24/2021. (lctnm3) (Entered: 05/24/2021)
2021-05-25		Set/Reset Deadlines: Joint Status Report due by 7/21/2021. (hmc) (Entered: 05/25/2021)
2021-07-21	26	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, JOHN DOE AGENCY 1 THROUGH JOHN DOE AGENCY 10, U.S. DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 07/21/2021)
2021-07-22		MINUTE ORDER. Upon consideration of the parties' 26 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before September 21, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/22/2021. (lctnm3) (Entered: 07/22/2021)
2021-07-22		Set/Reset Deadlines: Joint Status Report due by 9/21/2021. (hmc) (Entered: 07/22/2021)
2021-09-21	27	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, JOHN DOE AGENCY 1 THROUGH JOHN DOE AGENCY 10, U.S. DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 09/21/2021)
2021-09-22		MINUTE ORDER. Upon consideration of the parties' 27 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before November 22, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/22/2021. (lctnm3) (Entered: 09/22/2021)
2021-09-23		Set/Reset Deadlines: Joint Status Report due by 11/22/2021. (hmc) (Entered: 09/23/2021)
2021-11-22	28	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, JOHN DOE AGENCY 1 THROUGH JOHN DOE AGENCY 10, U.S. DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 11/22/2021)
2021-11-23		MINUTE ORDER. Upon consideration of the Parties' 28 Joint Status Report, it is hereby ORDERED that the Parties shall file another Joint Status Report on or before 1/24/2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/23/2021. (lctnm3) (Entered: 11/23/2021)
2021-11-23		Set/Reset Deadlines: Joint Status Report due by 1/24/2022. (ztg) (Entered: 11/23/2021)
2022-01-25	29	STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 01/25/2022)
2022-01-25	30	STATUS REPORT by ANGELA CLEMENTE. (Greenberg, Julia) (Entered: 01/25/2022)
2022-01-25		MINUTE ORDER setting a telephonic status conference for February 4, 2022, at 2:30 p.m. to discuss the Parties' request for a bifurcated dispositive motions briefing schedule. The parties will be emailed dial-in instructions. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/25/2022. (lctnm3) (Entered: 01/25/2022)
2022-01-26		NOTICE of Rescheduled Hearing: The telephonic status conference set for 2/4/2022 is rescheduled from 2:30 PM to 11:30 AM before Judge Trevor N. McFadden. (hmc) (Entered: 01/26/2022)
2022-02-04		Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 2/4/2022. Joint Status Report due by 3/4/2022. (Court Reporter: Lorraine Herman.) (hmc) (Entered: 02/04/2022)
2022-03-04	31	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 03/04/2022)
2022-03-07		MINUTE ORDER. Upon consideration of the parties' 31 Joint Status Report, it is hereby ORDERED that the parties shall adhere to the following briefing schedule. The Government shall file its motion for summary judgment on or before May 9, 2022. Plaintiff shall file her opposition and any cross-motion for summary judgment on or before June 6, 2022. The Government shall file its opposition and reply on or before July 5, 2022. Plaintiff shall file her reply, if any, on or before July 26, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/7/2022. (lctnm3) (Entered: 03/07/2022)
2022-03-07		Set/Reset Deadlines: Government's Motion for Summary Judgment due by 5/9/2022. Plaintiff's Opposition and Cross-Motion due by 6/6/2022. Government's Opposition and Reply due by 7/5/2022. Plaintiff's Reply due by 7/26/2022. (hmc) (Entered: 03/07/2022)
2022-05-02	32	Consent MOTION for Extension of Time to File summary judgment with proposed order by FEDERAL BUREAU OF INVESTIGATION, JOHN DOE AGENCY 1 THROUGH JOHN DOE AGENCY 10. (Duffey, Thomas) (Entered: 05/02/2022)
2022-05-03		MINUTE ORDER. Upon consideration of the 32 Consent Motion to Extend Summary Briefing Schedule, it is hereby ORDERED that the parties shall adhere to the following briefing schedule. The Government shall now file its motion for summary judgment on or before August 9, 2022. Plaintiff shall file her opposition and any cross-motion for summary judgment on or before September 9, 2022. The Government shall file its opposition and reply on or before October 7, 2022. Plaintiff shall file her reply, if any, on or before October 28, 2022. Further extension requests will be disfavored. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/3/2022. (lctnm3) (Entered: 05/03/2022)
2022-05-03		Set/Reset Deadlines: Government's Motion for Summary Judgment due by 8/9/2022. Plaintiff's Opposition and Cross-Motion due by 9/9/2022. Government's Opposition and Reply due by 10/7/2022. Plaintiff's Reply due by 10/28/2022. (hmc) (Entered: 05/03/2022)
2022-08-04	33	MOTION to Modify Briefing Schedule with Proposed order by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Duffey, Thomas) (Entered: 08/04/2022)
2022-08-09		MINUTE ORDER granting 33 Motion to Modify Briefing Schedule for good cause shown. Defendants shall file their Motion for Summary Judgment on or before August 31, 2022. Plaintiff shall file her Opposition and any Cross-Motion for Summary Judgment on or before September 30, 2022. Defendants shall file their Reply on or before October 28, 2022. Plaintiff shall file her Reply, if any, on or before October 28, 2022. Further extension requests will be disfavored. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/9/2022. (lctnm3) (Entered: 08/09/2022)
2022-08-31	34	MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Statement of Facts, # 4 Declaration Michael G. Seidel, # 5 Exhibit A through R, # 6 Exhibit S Vaughn Index, # 7 Exhibit T Vaughn Index, # 8 Exhibit U through Z, # 9 Notice to Counsel/Party Classified Exhibit, # 10 Declaration Redacted in camera declaration, # 11 Notice to Counsel/Party Index of Supporting Materials)(Duffey, Thomas) (Entered: 08/31/2022)
2022-09-30	35	Consent MOTION for Extension of Time to File Opposition to Defendants' Motion for Summary Judgment , MOTION for Extension of Time to File Response/Reply by ANGELA CLEMENTE. (Greenberg, Julia) (Entered: 09/30/2022)
2022-09-30		MINUTE ORDER: Upon consideration of the 35 Consent Motion for Extension of Time to File Opposition, the Court ORDERS Plaintiff to file her Opposition and/or Cross-Motion for Summary Judgment on or before Monday, October 31, 2022. Further extension requests will be disfavored. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/30/2022. (lctnm3) (Entered: 09/30/2022)
2022-09-30	36	STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 9/30/2022. (lctnm3) (Entered: 09/30/2022)
2022-10-05		NOTICE OF ERROR re 35 Motion for Extension of Time to File; emailed to juliagreenberg5@gmail.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Notice of Corrected Docket Entry: Your entry has been modified as a courtesy. Please note the appropriate reminders for future filings; do not refile document, 2. FYI: DO NOT REFILE. Attorney signature must match login/password in all future filings. (zed, ) (Entered: 10/05/2022)
2022-11-21	37	MEMORANDUM OPINION re Defendant's 34 Motion for Summary Judgment. See attached Opinion for details. Signed by Judge Trevor N. McFadden on 11/21/2022. (lctnm3) (Entered: 11/21/2022)
2022-11-21	38	ORDER. For the reasons stated in the 37 Memorandum Opinion, Defendant's 34 Motion for Summary Judgment is GRANTED. This is a final, appealable Order. Signed by Judge Trevor N. McFadden on 11/21/2022. (lctnm3) (Entered: 11/21/2022)
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