Case Detail

FOIA Project Annotation: The court ruled that the FBI properly withheld the five pages the agency located in response to Michael Kuzma's request for records concerning the Occupy Buffalo movement under Exemption 7(C) (invasion of privacy concerning law enforcement records), Exemption 7(D) (confidential sources), and Exemption 7(E) (investigative methods and techniques). The agency conducted a keyword search of its Central Records System for records and located five pages, which it withheld entirely. Kuzma argued the agency had not conducted an appropriate key word search, but the court noted that "the Vaughn index makes clear that the FBI performed such a search, and in fact, it was this search that yielded the five responsive documents." The court rejected Kuzma's contention that the agency was covering up its role in conducting surveillance of the Buffalo group. The court indicated, however, that "plaintiff makes no effort to explain how or why the disclosure of individuals' personal information would shed any light on the FBI's surveillance of Occupy Buffalo. Indeed, the FBI did not even have an investigative file concerning the Occupy Buffalo Movement; its role was limited to assisting local law enforcement with their investigative efforts." The court found that certain individuals had spoken with the agency with an implied assurance of confidentiality. The court pointed out that "the confidential source in this case is precisely the type of individual who reasonably would fear retaliation in the event of disclosure. This is particularly true given the highly publicized and politicized nature of the Occupy Movement." Kuzma contended that the FBI was required to show that the investigative methods and techniques it was withholding were not known to the public. The court, however, observed that under Second Circuit case law it was the plaintiff's burden to show that such methods or techniques were publicly known and that Kuzma had provided no evidence to carry his burden of proof.
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 7(D) - Assurance of confidentiality - Implicit, Exemption 7(E) - Unknown to public

Date Filed	Doc #	Docket Text
2012-08-27	1	COMPLAINT against U.S. Department of Justice, filed by Michael Kuzma.(SG) (Entered: 08/29/2012)
2012-08-27		Summons Issued as to U.S. Department of Justice, U.S. Attorney and U.S. Attorney General (SG) (Entered: 08/29/2012)
2012-08-29	2	AUTOMATIC REFERRAL to Mediation;ADR Plan electronically forwarded to attorney(SG) (Entered: 08/29/2012)
2012-08-29	3	Consent to Magistrate Judge forms electronically forwarded to attorney. Notification to chambers of on-line civil opening (SG) (Entered: 08/29/2012)
2012-09-26	4	ANSWER to 1 Complaint and Certificate of Service by U.S. Department of Justice.(Smith, Kathryn) (Entered: 09/26/2012)
2012-09-28	5	TEXT REFERRAL ORDER - Hon. Hugh B. Scott, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. § 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. § 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Chief Judge William M. Skretny on 9/28/2012. (JCD) (Entered: 09/28/2012)
2012-10-10	6	ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT TEXT OF THE ORDER This case has been referred to the undersigned for pretrial proceedings. A scheduling conference will be held on October 31, 2012 at 2:30 p.m., in the chambers of the undersigned at 2 Niagara Square, Buffalo, New York. PRIOR TO THE SCHEDULING CONFERENCE, THE PARTIES ARE DIRECTED TO COMPLY WITH THE REQUIREMENTS OF RULE 26 OF THE FEDERAL RULES OF CIVIL PROCEDURE. This means that, at a minimum, (1) the parties are to have exchanged initial disclosures as required by Rule 26(a)(1); (2) the parties are to have met or conferred as required under Rule 26(f); and (3) the parties are to have submitted a proposed discovery plan to the Court at least 7 days prior to the scheduling conference as also required by Rule 26(f). Also, the Magistrate Judge is available to conduct any or all proceedings in a jury or non-jury civil matter and to order the entry of judgment in the case pursuant to 28 U.S.C. 636(c). Attached hereto is a Notice of Right to Consent to Disposition of a Civil Case by a United States Magistrate Judge, together with a consent form, for consideration by the parties. The parties are encouraged to consider and act favorably on such consents; however, it is emphasized that there will be no substantive adverse consequences should the parties elect not to do so. So Ordered. Signed by Hon. Hugh B. Scott on 10/10/2012. (JRA) (Entered: 10/10/2012)
2012-10-10	7	AFFIDAVIT of Service for Summons and Complaint served on United States Attorney on August 27, 2012, filed by Michael Kuzma. (Irwin, Daire) (Entered: 10/10/2012)
2012-10-10	8	First MOTION for Discovery by Michael Kuzma. (Attachments: # 1 Memorandum in Support)(Irwin, Daire) (Entered: 10/10/2012)
2012-10-29	9	DISCOVERY PLAN by U.S. Department of Justice.(Smith, Kathryn) (Entered: 10/29/2012)
2012-10-31	10	MINUTES OF PROCEEDINGS BEFORE MAGISTRATE JUDGE HUGH B. SCOTT A scheduling conference took place on October 31, 2012. Present: A.U.S.A. K. Smith; no appearance on behalf of the plaintiff. The Court will issue a scheduling order consistent with the proposal of the parties. The government represents that a Vaughn index will be prepared. (JRA) (Entered: 10/31/2012)
2012-10-31	11	SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) First Mediation Session due by 1/25/2013. Dispositive Motions due by 2/28/2013. Mediation To End by 3/29/2013. Trial Date Status Conference set for 4/10/201302:00PM before Hon. Hugh B. Scott. Signed by Hon. Hugh B. Scott on 10/31/2012. (JRA) (Entered: 10/31/2012)
2012-12-18	12	Joint MOTION to Opt Out of ADR and Certificate of Service by U.S. Department of Justice.(Smith, Kathryn) (Entered: 12/18/2012)
2012-12-19	13	Stipulation-Selection of Mediator by U.S. Department of Justice (Attachments: # 1 Certificate of Service)(Smith, Kathryn) (Entered: 12/19/2012)
2013-01-02	14	DECISION AND ORDER GRANTING Joint 12 Motion to Opt Out of ADR; VACATING the ADR-related deadlines set forth in the 11 Scheduling Order. Signed by William M. Skretny, Chief Judge on 12/31/2012. (MEAL) (Entered: 01/02/2013)
2013-01-03	15	NOTICE of Appearance by Jane B. Wolfe on behalf of U.S. Department of Justice (Wolfe, Jane) (Entered: 01/03/2013)
2013-02-19	16	MOTION for Summary Judgment with Declaration of David M. Hardy and attachments by U.S. Department of Justice. (Attachments: # 1 Declaration of David M. Hardy, # 2 Exhibits A-H)(Wolfe, Jane) (Entered: 02/19/2013)
2013-02-19	17	STATEMENT OF FACTS Pursuant to Local Rule 56.1 by U.S. Department of Justice Related document: 16 Motion for Summary Judgment. (Wolfe, Jane) (Entered: 02/19/2013)
2013-02-19	18	MEMORANDUM IN SUPPORT re 16 MOTION for Summary Judgment with Declaration of David M. Hardy and attachments byU.S. Department of Justice. (Wolfe, Jane) (Entered: 02/19/2013)
2013-03-07	19	SCHEDULING NOTICE on 16 Motion for Summary Judgment. Response due by 3/22/2013. Reply due by 4/8/2013. Oral Argument will be scheduled by the Court as necessary. (MEAL) (Entered: 03/07/2013)
2013-03-21	20	MOTION for Extension of Time to File Response/Reply as to 19 Order, Set/Reset Motion and R&R Deadlines/Hearings, 17 Statement of Facts, 16 MOTION for Summary Judgment with Declaration of David M. Hardy and attachments , 18 Memorandum in Support by U.S. Department of Justice. (Attachments: # 1 Affidavit, # 2 Certificate of Service)(Smith, Kathryn) (Entered: 03/21/2013)
2013-03-26	21	TEXT ORDER. IT HEREBY IS ORDERED THAT, the Defendant's 20 Motion for Extension of Time to File Responsive Pleadings to 16 Motion for Summary Judgment is GRANTED. Response is now due by 4/22/2013. Reply is now due by 5/8/2013. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 3/25/2013. (CMD) (Entered: 03/26/2013)
2013-04-05	22	ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT TEXT OF THE ORDER Because dispositive motions have been filed in this matter, the conference set for April 10, 2013 is canceled. So Ordered. Signed by Hon. Hugh B. Scott on 4/5/2013. (JRA) (Entered: 04/05/2013)
2013-04-22	23	Cross MOTION for Summary Judgment by Michael Kuzma. (Attachments: # 1 Statement of Undisputed Facts, # 2 Memorandum in Support, # 3 Exhibit, # 4 Certificate of Service)(Irwin, Daire) (Entered: 04/22/2013)
2013-05-03	24	MOTION for Extension of Time to File Response/Reply as to 23 Cross MOTION for Summary Judgment by U.S. Department of Justice. (Attachments: # 1 Affidavit, # 2 Certificate of Service)(Smith, Kathryn) (Entered: 05/03/2013)
2013-05-06	25	TEXT ORDER. IT HEREBY IS ORDERED THAT, the Defendant's 24 Motion for Extension of Time to File Reply Brief as to Plaintiff's 23 Cross Motion for Summary Judgment is GRANTED. Defendant's Reply is now due by 5/29/2013. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 5/6/2013. (CMD) (Entered: 05/06/2013)
2013-05-29	26	DECLARATION filed by U.S. Department of Justice Supplemental Declaration of David M. Hardy . (Attachments: # 1 Certificate of Service)(Wolfe, Jane) (Entered: 05/29/2013)
2013-05-29	27	REPLY/RESPONSE to re 23 Cross MOTION for Summary Judgment filed by U.S. Department of Justice. (Attachments: # 1 Certificate of Service)(Wolfe, Jane) (Entered: 05/29/2013)
2013-11-27	28	NOTICE of Appearance by Michael S. Cerrone on behalf of U.S. Department of Justice (Cerrone, Michael) (Entered: 11/27/2013)
2014-09-29	29	DECISION AND ORDER GRANTING Defendant's 16 Motion for Summary Judgment; DENYING Plaintiff's 23 Motion for Summary Judgment; DIRECTING the Clerk of the Court to close this case. Signed by William M. Skretny, Chief Judge on 9/28/2014. (MEAL) - CLERK TO FOLLOW UP - (Entered: 09/29/2014)
2014-09-30	30	JUDGMENT in favor of U.S. Department of Justice against Michael Kuzma. Signed by Michael J. Roemer, Clerk of Court on 09/30/14. (SG) (Entered: 09/30/2014)
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