Case Detail

FOIA Project Annotation: Judge Dabney Friedrich has ruled that the FBI properly responded to Nicholas Young's FOIA request for records of his conviction for attempting to provide material support to the Islamic State of Iraq and attempted obstruction of justice. Young requested any consensual audio recording made by a confidential human source referred to as "Mo," whether these recordings were destroyed or misplaced or withheld from Young, any validation reports on the CHS, and whether any information was withheld from the validation report for Mo. The agency conducted a search for responsive records under the name of Nicholas Young and limited the scope of the search to acknowledged records regarding Mo. The FBI told Young that any responsive records to his request were denied under Exemption 6 (invasion of privacy), Exemption 7 (C) (invasion of privacy concerning law enforcement records), and Exemption 7(D) (confidential sources). Young filed suit, arguing that the agency did not conduct an adequate search for records. Friedrich indicated that "the Court concludes that FBI's search for all records with the term 'Nicholas Young' related to 'Mo' in Young's file was reasonably calculated to turn up records responsive to Young's request, including records regarding the recordings 'Mo' made of Young and anything that may have happened to them." She explained that "the fact that the FBI purportedly used unduly broad search terms is not an indication of an inadequate search. To be sure, a failure to use broad search terms can be a reason to dispute whether a search was adequate. But broad, overinclusive search terms would not limit the responsive records produced by the agency; indeed, they would only generate more of them. That an agency produced too many records in its initial searches is thus not in an of itself a reason to deny summary judgment." Further, she noted that "the FBI's determination that any documents referencing the connection between Young and 'Mo' would most likely be found in Young's file and would be found by a search for 'Mo' is sensible because the information requested relates to Young's criminal prosecution." Friedrich then found that the records would be covered by Exemption 7(D). She noted that "here, the [FBI's affidavit] reasonably details that segregated disclosure would either 'result in release of meaningless, disjointed words or phrases' or otherwise 'indicate the extent to which CHS "Mo" cooperated with or provided information to the FBI.'"
Issues: Adequacy - Search, Exemption 7(D) - Assurance of confidentiality - Explicit

Date Filed	Doc #	Docket Text
2021-03-20	1	COMPLAINT against NICHOLAS YOUNG ( Filing fee $ 402 receipt number ADCDC-8317477) filed by NICHOLAS YOUNG. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Defendant Summons, # 3 Summons AG Summons, # 4 Summons US Attny Summons)(Zaid, Mark) (Entered: 03/20/2021)
2021-03-22		Case Assigned to Judge Dabney L. Friedrich. (zsb) (Entered: 03/22/2021)
2021-03-22	2	SUMMONS (3) Issued Electronically as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 03/22/2021)
2021-03-22	3	NOTICE of Appearance by Bradley Prescott Moss on behalf of NICHOLAS E. YOUNG (Moss, Bradley) (Entered: 03/22/2021)
2021-03-23	4	STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on March 23, 2021. (lcdlf2) (Entered: 03/23/2021)
2021-04-08	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/31/2021. Answer due for ALL FEDERAL DEFENDANTS by 4/30/2021. (Attachments: # 1 Exhibit USPS Proof of Service)(Zaid, Mark) (Entered: 04/08/2021)
2021-04-14	6	NOTICE of Appearance by Sean Michael Tepe on behalf of DEPARTMENT OF JUSTICE (Tepe, Sean) (Entered: 04/14/2021)
2021-04-26	7	Consent MOTION for Extension of Time to File Answer or Otherwise Respond by DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 04/26/2021)
2021-04-27		MINUTE ORDER granting the defendants' 7 Consent Motion for Extension of Time to File Answer or Otherwise Respond to Complaint. The defendant shall answer, move to dismiss, or otherwise respond to the plaintiff's complaint on or before June 11, 2021. So Ordered by Judge Dabney L. Friedrich on April 27, 2021. (lcdlf2) (Entered: 04/27/2021)
2021-04-27		Set/Reset Deadlines: Answer due by 6/11/2021, (zjch) (Entered: 04/27/2021)
2021-06-11	8	ANSWER to Complaint by DEPARTMENT OF JUSTICE.(Tepe, Sean) (Entered: 06/11/2021)
2021-06-11		MINUTE ORDER requiring the parties to MEET AND 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 release of the requested documents. The parties shall file the joint status report on or before July 2, 2021. So Ordered by Judge Dabney L. Friedrich on June 11, 2021. (lcdlf2) (Entered: 06/11/2021)
2021-06-11		Set/Reset Deadlines: Joint Status Report due by 7/2/2021. (zjd) (Entered: 06/14/2021)
2021-07-02	9	Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 07/02/2021)
2021-07-02		MINUTE ORDER. Upon consideration of the parties' 9 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before August 31, 2021. So Ordered by Judge Dabney L. Friedrich on July 2, 2021. (lcdlf2) (Entered: 07/02/2021)
2021-07-02		Set/Reset Deadlines: Status Report due by 8/31/2021 (zjch) (Entered: 07/06/2021)
2021-07-09	10	Consent MOTION for Leave to File First Amended Complaint by NICHOLAS E. YOUNG. (Attachments: # 1 Memorandum in Support Memo of Law, # 2 Exhibit Ex 1 - Complaint, # 3 Exhibit Ex 2 - Proposed First Amended Complaint, # 4 Text of Proposed Order)(Zaid, Mark) (Entered: 07/09/2021)
2021-07-12		MINUTE ORDER denying without prejudice the plaintiff's 10 Consent Motion for Leave to File First Amended Complaint for failure to comply with the Court's Standard Order for Civil Cases. See Dkt. 4. The plaintiff is directed to refile his motion with a redline comparison of the original complaint and the proposed First Amended Complaint. So Ordered by Judge Dabney L. Friedrich on July 12, 2021. (lcdlf2) (Entered: 07/12/2021)
2021-07-12	11	Consent MOTION for Leave to File First Amended Complaint (Revised) by NICHOLAS E. YOUNG. (Attachments: # 1 Memorandum in Support Memo of Law, # 2 Exhibit 1 - Original Complaint, # 3 Exhibit 2 - Proposed First Amended Complaint, # 4 Exhibit 3 - Proposed First Amended Complaint (redlined), # 5 Text of Proposed Order Proposed Order)(Zaid, Mark) (Entered: 07/12/2021)
2021-07-13		MINUTE ORDER granting the plaintiff's 11 Consent Motion for Leave to File First Amended Complaint. The Clerk of Court shall docket [11-3] as the plaintiff's Amended Complaint. The defendant shall answer or otherwise respond to the Amended Complaint on or before July 27, 2021. See Fed. R. Civ. P. 15(a)(3). So Ordered by Judge Dabney L. Friedrich on July 13, 2021. (lcdlf2) (Entered: 07/13/2021)
2021-07-13		Set/Reset Deadlines: Answer due by 7/27/2021, (zjch) (Entered: 07/14/2021)
2021-07-28	12	ANSWER to Complaint Answer to First Amended Complaint by DEPARTMENT OF JUSTICE.(Tepe, Sean) (Entered: 07/28/2021)
2021-08-31	13	Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 08/31/2021)
2021-08-31		MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before October 1, 2021. So Ordered by Judge Dabney L. Friedrich on August 31, 2021. (lcdlf2) (Entered: 08/31/2021)
2021-10-01	14	Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 10/01/2021)
2021-10-01		MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before November 5, 2021. The plaintiff's request for a status hearing to discuss scheduling is denied at this time. So ordered by Judge Dabney L. Friedrich on October 1, 2021. (lcdlf2) (Entered: 10/01/2021)
2021-11-05	15	Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 11/05/2021)
2021-11-08		MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before December 6, 2021. So Ordered by Judge Dabney L. Friedrich on November 8, 2021. (lcdlf2) (Entered: 11/08/2021)
2021-12-06	16	Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 12/06/2021)
2021-12-06		MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before January 5, 2022. So Ordered by Judge Dabney L. Friedrich on December 6, 2021. (lcdlf2) (Entered: 12/06/2021)
2022-01-05	17	Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 01/05/2022)
2022-01-05		MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before February 4, 2022. So Ordered by Judge Dabney L. Friedrich on January 5, 2022. (lcdlf2) (Entered: 01/05/2022)
2022-02-04	18	Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 02/04/2022)
2022-02-04		MINUTE ORDER. Upon consideration of the parties' 18 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before March 7, 2022. So Ordered by Judge Dabney L. Friedrich on February 4, 2022. (lcdlf2) (Entered: 02/04/2022)
2022-03-07	19	Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 03/07/2022)
2022-03-09		MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before March 17, 2022. So Ordered by Judge Dabney L. Friedrich on March 9, 2022. (lcdlf2) (Entered: 03/09/2022)
2022-03-17	20	Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 03/17/2022)
2022-03-21		MINUTE ORDER. Upon consideration of the parties' 20 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before April 18, 2022. So Ordered by Judge Dabney L. Friedrich on March 21, 2022. (lcdlf2) (Entered: 03/21/2022)
2022-04-18	21	Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 04/18/2022)
2022-04-18		MINUTE ORDER. Upon consideration of the parties' 21 Joint Status Report, the following schedule shall govern further proceedings: the defendant's Motion for Summary Judgment shall be due on or before June 15, 2022; the plaintiff's opposition shall be due on or before July 13, 2022; and the defendant's reply shall be due on or before July 27, 2022. So Ordered by Judge Dabney L. Friedrich on April 18, 2022. (lcdlf2) (Entered: 04/18/2022)
2022-06-15	22	MOTION for Summary Judgment by DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Declaration of Michael Seidel, # 3 Text of Proposed Order)(Tepe, Sean) (Entered: 06/15/2022)
2022-07-11	23	Consent MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Summary Judgment by NICHOLAS E. YOUNG. (Attachments: # 1 Text of Proposed Order Proposed Order)(Zaid, Mark) (Entered: 07/11/2022)
2022-07-11		MINUTE ORDER granting the plaintiff's 23 Consent Motion for Extension of Time to File Opposition to Defendant's Motion for Summary Judgment. The plaintiff shall respond to the defendant's 22 Motion for Summary Judgment on or before August 12, 2022 and the defendant shall reply on or before August 26, 2022. So Ordered by Judge Dabney L. Friedrich on July 11, 2022. (lcdlf2) (Entered: 07/11/2022)
2022-08-12	24	Memorandum in opposition to re 22 Motion for Summary Judgment filed by NICHOLAS E. YOUNG. (Attachments: # 1 Statement of Facts Response to Statement of Facts, # 2 Exhibit 1 - Declaration of Nicholas Smith, Esq., # 3 Exhibit 2 - Declaration of Mark S. Zaid, Esq., # 4 Exhibit 2A - E-mails between Counsel, # 5 Text of Proposed Order Proposed Order)(Zaid, Mark) (Entered: 08/12/2022)
2022-08-16	25	MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Summary Judgment by DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 08/16/2022)
2022-08-17		MINUTE ORDER granting the government's unopposed 25 Motion for Extension of Time to File Reply Brief. The defendant shall file its reply in support of its 22 Motion for Summary Judgment on or before September 26, 2022. So Ordered by Judge Dabney L. Friedrich on August 17, 2022. (lcdlf2) (Entered: 08/17/2022)
2022-09-20	26	Unopposed MOTION for Extension of Time to File Response/Reply by DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 09/20/2022)
2022-09-22		MINUTE ORDER granting the defendant's 26 Unopposed Motion for Extension of Time to File Reply Brief. It is ORDERED that the defendant shall file its reply on or before October 17, 2022. So Ordered by Judge Dabney L. Friedrich on September 22, 2022. (lcdlf3) (Entered: 09/22/2022)
2022-10-17	27	REPLY to opposition to motion re 22 MOTION for Summary Judgment filed by US DEPT OF JUSTICE. (Attachments: # 1 Second Seidel Declaration)(Tepe, Sean) (Entered: 10/17/2022)
2022-12-14	28	ORDER granting the defendant's 22 Motion for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on December 14, 2022. (lcdlf2) (Entered: 12/14/2022)
2022-12-14	29	MEMORANDUM OPINION regarding the defendant's 22 Motion for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on December 14, 2022. (lcdlf2) (Entered: 12/14/2022)
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