Case Detail

FOIA Project Annotation: Judge Rudolph Contreras has ruled that the DEA improperly claimed that drug purchase order forms (Form 222s) were protected by Exemption 7(E) (investigative methods and techniques). The forms were requested by Philip Hansten, a professor with an academic and professional interest in drug interactions. On March 10, 2021, Hansten requested "records sufficient to show the names, addresses, and business activities of all parties that were issued DEA Form 222s in which the 'Date Issued" on the form is May 11, 2011." The agency acknowledged receipt of the request and provided Hansten a tracking number, but after it failed to respond, Hansten filed suit. A month later, the agency told Hansten the records were categorically exempt under Exemption 7(E) and that it was therefore not obligated to search for them. The DEA argued that Form 222s serve its law enforcement mission because it is "collected in furtherance of DEA's diversion control enforcement." Hansten replied that the pre-printed information on Form 222s is supplied by the registrants themselves and contended that the DEA merely "compiles this information as part of a routine recordkeeping process. Contreas noted that Hansten argued that "if this form of recordkeeping serves a law enforcement purpose, virtually all records of a law enforcement agency would qualify as some law enforcement purpose." However, Contreras observed that "but Mr. Hansten's argument sweeps too broadly, as there is a rational nexus here between the Forms 222s and the DEA's law enforcement function of controlling drug diversion where there would likely not be with records concerning the procurement of office supplies or maintenance of fleet vehicles. Accordingly, the DEA has cleared the preliminary hurdle imposed by Exemption 7(E) by establishing that the requested Form 222 information was complied for law enforcement purposes." Contreras then noted that in order to meet Exemption 7(E)'s second requirement, the DEA must show that release would 'disclose techniques and procedures for law enforcement investigations or prosecutions.' The phrase 'techniques and procedures'. . . refers to how law enforcement officials go about investigating a crime.' An agency cannot justify an Exemption 7(E) withholding by offering a 'near-verbatim recitation of the statutory standard' that does not explain 'what procedures are at stake' or 'how disclosure [of the withheld records] could reveal such procedures.'" He noted that "here, the DEA cannot meet Exemption 7(E)'s second requirement. While the DEA could use Form 222 in a diversion investigation, the entries on this form say nothing about how the DEA would 'go about investigating; a diversion case." He indicated that "these Form 222 entries say nothing about how the DEA would 'go about' a diversion investigation. Because every registrant seeking to buy and transfer Schedule I and II drugs must complete a Form 222, the data on the form would not reveal the DEA's investigative capabilities or who it was investigating." The DEA argued that disclosure of Form 222s would jeopardize its procurement of lethal injection drugs. However, Contreras agreed with Hansten that lethal injection drugs had nothing to do with the parameters of Exemption7(E ). He pointed out that "once DEA has searched for and processed the responsive records, perhaps there will be a basis to withhold any lethal injection-related information under another subsection of Exemption 7, but the DEA has failed to establish a basis under Exemption 7(E) on the current record. In conclusion, the DEA has failed to show that disclosure of Form 222 information reveals any law enforcement technique or procedure."
Issues: Exemption 7(E) - Investigative methods or techniques

Date Filed	Doc #	Docket Text
2021-07-28	1	COMPLAINT against DRUG ENFORCEMENT ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-8630198) filed by PHILIP HANSTEN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Schwartz, Daniel) (Entered: 07/28/2021)
2021-07-28		Case Assigned to Judge Rudolph Contreras. (adh, ) (Entered: 07/28/2021)
2021-07-28	2	SUMMONS (1) Issued Electronically as to DRUG ENFORCEMENT ADMINISTRATION. (Attachments: # 1 Summons)(adh, ) (Entered: 07/28/2021)
2021-08-18	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/6/2021. Answer due for ALL FEDERAL DEFENDANTS by 9/5/2021. (Schwartz, Daniel) (Entered: 08/18/2021)
2021-08-18	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DRUG ENFORCEMENT ADMINISTRATION served on 8/11/2021 (Schwartz, Daniel) (Entered: 08/18/2021)
2021-08-18	5	NOTICE of Appearance by Thomas Anthony Quinn on behalf of DRUG ENFORCEMENT ADMINISTRATION (Quinn, Thomas) (Entered: 08/18/2021)
2021-09-03	6	ANSWER to Complaint by DRUG ENFORCEMENT ADMINISTRATION.(Quinn, Thomas) (Entered: 09/03/2021)
2021-09-05		MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and jointly submit a proposed briefing schedule on or before September 21, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 9/5/2021. (lcrc3) (Entered: 09/05/2021)
2021-09-07		Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 9/21/2021 (adh, ) (Entered: 09/07/2021)
2021-09-16	7	NOTICE of Appearance by Jessica R. Blaemire on behalf of PHILIP HANSTEN (Blaemire, Jessica) (Entered: 09/16/2021)
2021-09-21	8	PROPOSED BRIEFING SCHEDULE re Order Joint Notice by PHILIP HANSTEN. (Blaemire, Jessica) (Entered: 09/21/2021)
2021-09-21		MINUTE ORDER adopting 8 the parties' Proposed Briefing Schedule: It is hereby ORDERED that the following schedule shall govern further proceedings: Plaintiff and Defendant shall file opening summary judgment briefs by October 18, 2021; Plaintiff and Defendant shall file summary judgment opposition briefs by November 18, 2021; Plaintiff and Defendant shall file summary judgment reply briefs by December 13, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 09/21/2021. (lcrc1) (Entered: 09/21/2021)
2021-10-18	9	ENTERED IN ERROR.....Consent MOTION for Extension of Time to File Motions for Summary Judgment and to Modify Remaindr of Briefing Schedule by DRUG ENFORCEMENT ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Quinn, Thomas); Modified on 10/18/2021 (ztth). (Entered: 10/18/2021)
2021-10-18	10	Amended MOTION for Extension of Time to Opposition to Plaintiff's Motion for Summary Judgment by DRUG ENFORCEMENT ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Quinn, Thomas). Added MOTION to Modify on 10/18/2021 (ztth). (Entered: 10/18/2021)
2021-10-18		NOTICE OF CORRECTED DOCKET ENTRY: re 9 Consent MOTION for Extension of Time to File Motions for Summary Judgment and to Modify Remaindr of Briefing Schedule was entered in error. Said pleading was refiled as docket entry 10 . (ztth) (Entered: 10/18/2021)
2021-10-18		MINUTE ORDER granting 10 Defendant's Amended Consent Motion for Extension of Time: It is hereby ORDERED that the Parties shall file opening summary judgment briefs by October 22, 2021; the Parties shall file summary judgment opposition briefs by November 24, 2021; and the Parties shall file summary judgment reply briefs by December 17, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 10/18/2021. (lcrc1) (Entered: 10/18/2021)
2021-10-22	11	MOTION for Summary Judgment and Request for Hearing by PHILIP HANSTEN. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Text of Proposed Order)(Schwartz, Daniel). (Entered: 10/22/2021)
2021-10-22	12	MOTION for Summary Judgment by DRUG ENFORCEMENT ADMINISTRATION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5)(Quinn, Thomas) (Entered: 10/22/2021)
2021-11-24	13	Unopposed MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Summary Judgment and Request for Hearing by DRUG ENFORCEMENT ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Quinn, Thomas) (Entered: 11/24/2021)
2021-11-24		MINUTE ORDER granting 13 Defendant's Unopposed Motion for Extension of Time: It is hereby ORDERED that the following schedule shall govern further proceedings in this case: the parties shall file summary judgment opposition briefs on or before November 29, 2021, and the parties shall file summary judgment reply briefs on or before December 20, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 11/24/2021. (lcrc1) (Entered: 11/24/2021)
2021-11-29	14	Memorandum in opposition to re 11 MOTION for Summary Judgment and Request for Hearing filed by DRUG ENFORCEMENT ADMINISTRATION. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Quinn, Thomas) (Entered: 11/29/2021)
2021-11-29	15	Memorandum in opposition to re 12 MOTION for Summary Judgment filed by PHILIP HANSTEN. (Attachments: # 1 Statement of Facts)(Schwartz, Daniel) (Entered: 11/29/2021)
2021-12-20	16	REPLY to opposition to motion re 12 MOTION for Summary Judgment filed by DRUG ENFORCEMENT ADMINISTRATION. (Quinn, Thomas) (Entered: 12/20/2021)
2021-12-20	17	REPLY to opposition to motion re 11 MOTION for Summary Judgment and Request for Hearing filed by PHILIP HANSTEN. (Schwartz, Daniel) (Entered: 12/20/2021)
2022-06-15	18	NOTICE OF WITHDRAWAL OF APPEARANCE as to PHILIP HANSTEN. Attorney Jessica R. Blaemire terminated. (Blaemire, Jessica) (Entered: 06/15/2022)
2022-07-22	19	ORDER granting 11 Plaintiff's Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 7-22-2022. (lcrc3) (Entered: 07/22/2022)
2022-07-22	20	MEMORANDUM OPINION granting 11 Plaintiff's Motion for Summary Judgment and denying without prejudice 12 Defendant's Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 7-22-2022. (lcrc3) (Entered: 07/22/2022)
2022-10-06	21	STATUS REPORT by DRUG ENFORCEMENT ADMINISTRATION. (Attachments: # 1 Exhibit)(Quinn, Thomas) (Entered: 10/06/2022)
2022-10-06		MINUTE ORDER: Upon consideration of 21 Defendant's status report, it is hereby ORDERED that the parties shall file a joint status report on or before November 4, 2022 that indicates what, if anything, is left to resolve in this case. SO ORDERED. Signed by Judge Rudolph Contreras on 10/6/2022. (lcrc1) (Entered: 10/06/2022)
2022-11-04	22	Joint STATUS REPORT by DRUG ENFORCEMENT ADMINISTRATION. (Quinn, Thomas) (Entered: 11/04/2022)
2022-11-04	23	STIPULATION of Dismissal by DRUG ENFORCEMENT ADMINISTRATION. (Quinn, Thomas) (Entered: 11/04/2022)
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