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Case TitleTrentadue v. Federal Bureau of Investigation et al
DistrictDistrict of Utah
CityCentral
Case Number2:2012cv00974
Date Filed2012-10-18
Date Closed2015-06-08
JudgeJudge Dale A. Kimball
PlaintiffJesse C. Trentadue
DefendantFederal Bureau of Investigation
DefendantUnited States Department of Justice Office of Information and Privacy
DefendantUnited States Department of Justice Office of Information and Privacy
TERMINATED: 12/31/2012
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Opinion/Order [51]
FOIA Project Annotation: After reviewing an in camera affidavit submitted by the FBI and the CIA to support their claims under Exemption 1 (national security), Exemption 3 (other statutes) and, in the case of the FBI, under Exemption 7(E) (investigative methods and techniques), a federal court in Utah has ruled that the FBI has adequately substantiated its exemption claims. Accepting the agency's claims, the court noted that "having conducted a thorough in camera review of the documents (or portions thereof) withheld by the agency, in conjunction with the agency's claimed reasons for so withholding the information, the court concludes that the claimed exemptions are valid. The FBI has demonstrated, through its previously filed declarations and supplemental Vaughn index which was submitted for in camera review along with the withheld documents) that it has withheld sensitive information because that information logically falls within the scope of the claimed exemption. . .The declarations and coded redactions that the FBI has submitted adequately explain the nature of the withheld material and why it falls within the scope of the claimed exemptions, without providing so much detail that the protected information is disclosed."
Issues: Litigation - In camera review
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2012-10-181COMPLAINT against Federal Bureau of Investigation, United States Department of Justice (Filing fee $ 350, receipt number 4681053778), filed by Jesse C. Trentadue. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Civil Cover Sheet 1) Assigned to Magistrate Judge Brooke C. Wells (rls) (Entered: 10/19/2012)
2012-10-302**RESTRICTED DOCUMENT** Summons Issued Electronically as to Federal Bureau of Investigation. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (jds) (Entered: 10/30/2012)
2012-10-303**RESTRICTED DOCUMENT** Summons Issued Electronically as to United States Department of Justice. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (jds) (Entered: 10/30/2012)
2012-10-304**RESTRICTED DOCUMENT** Summons Issued Electronically as to Federal Bureau of Investigation. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (jds) (Entered: 10/30/2012)
2012-10-305**RESTRICTED DOCUMENT** Summons Issued Electronically as to United States Department of Justice. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (jds) (Entered: 10/30/2012)
2012-11-166**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Jesse C. Trentadue as to Federal Bureau of Investigation served on 11/2/2012, answer due 12/3/2012. (Trentadue, Jesse) (Entered: 11/16/2012)
2012-11-297MOTION for Admission Pro Hac Vice of Kathryn L. Wyer (no registration fee required) filed by Defendant United States Department of Justice. (Attachments: # 1 Exhibit A - Application for Admission, # 2 Text of Proposed Order)(Swent, Jeannette) (Entered: 11/29/2012)
2012-11-298ORDER granting 7 Motion for Admission Pro Hac Vice of Kathryn L. Wyer for Federal Bureau of Investigation,Kathryn L. Wyer for United States Department of Justice. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov . Signed by Magistrate Judge Brooke C. Wells on 11/29/2012. (asp) (Entered: 11/29/2012)
2012-11-309Consent MOTION for Extension of Time Within Which to Respond to Plaintiff's Complaint filed by Defendants Federal Bureau of Investigation, United States Department of Justice. (Attachments: # 1 Text of Proposed Order)(Wyer, Kathryn) Modified on 12/3/2012 ; changed relief from for Extension of Time to for Extension of Time to File Answer (asp). (Entered: 11/30/2012)
2012-12-0310ORDER granting 9 Motion for Extension of Time to Answer re 1 Complaint. Answer deadline updated for Federal Bureau of Investigation answer due 1/4/2013 ; United States Department of Justice answer due 1/4/2013. Signed by Magistrate Judge Brooke C. Wells on 12/03/2012. (asp) (Entered: 12/03/2012)
2012-12-1111NOTICE OF ADR, e-mailed or mailed to Defendants Federal Bureau of Investigation, United States Department of Justice, Plaintiff Jesse C. Trentadue. (alp) (Entered: 12/11/2012)
2012-12-1112NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use the form on this link or use the included form for non-efilers and send it to consents@utd.uscourts.gov within 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Defendants Federal Bureau of Investigation, United States Department of Justice, Plaintiff Jesse C. Trentadue. Form due by 12/26/2012. (alp) (Entered: 12/11/2012)
2012-12-1113RECEIVED Consent/Reassignment Form from Plaintiff Jesse C. Trentadue. (alp) (Entered: 12/11/2012)
2012-12-2014AMENDED COMPLAINT against Federal Bureau of Investigation, United States Department of Justice., filed by Jesse C. Trentadue. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10) (Trentadue, Jesse) (Entered: 12/20/2012)
2012-12-2615NOTICE REMINDER - Defendant is requested to respond within the time frame set forth in the 12 Notice of Presiding Magistrate Assignment,, pursuant to General Order 07-001. If you have already consented/objected, please disregard this notice. No judge will be informed of a party's response unless all parties have consented to the assignment of the matter to a U.S. Magistrate Judge. Unless consents from all parties are received within fifteen(15) days, the case will be randomly re-assigned to a U.S. District Judge without further notice. Link to Magistrate Consent Objection form (alp) (Entered: 12/26/2012)
2012-12-3116STIPULATION of Dismissal with respect to the Office of Information Policy of the United States Department of Justice by Federal Bureau of Investigation, United States Department of Justice. (Wyer, Kathryn) (Entered: 12/31/2012)
2013-01-0417ANSWER to 14 Amended Complaint, filed by Federal Bureau of Investigation.(Wyer, Kathryn) (Entered: 01/04/2013)
2013-01-1518The deadline for submission of Consent/Reassignment Forms has now passed. One or more of the parties did not file, therefore the case is ineligible for magistrate assignment. Case Reassigned to District Judge and is randomly assigned to Judge Dale A. Kimball. Magistrate Judge Brooke C. Wells no longer assigned to the case. (alp) (Entered: 01/15/2013)
2013-01-1519NOTICE FROM THE COURT re: Initial Scheduling The court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (alp) (Entered: 01/15/2013)
2013-01-1620NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Theresa Brown) The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/documents/formpage.html , should be prepared 21 days before the Initial Pretrial Conference hearing date. NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel (a) file a stipulated Attorneys Planning Meeting Report ; and (b) e-mail a Proposed Scheduling Order to ipt@utd.uscourts.gov 21 days before the scheduled hearing. See instructions at http://www.utd.uscourts.gov/documents/ipt.html Initial Pretrial Conference set for 3/14/2013 10:00 AM in Room 477 before Magistrate Judge Evelyn J. Furse. If counsel or the parties would like to participate by phone they must contact chambers at least two days in advance at utdecf_furse@utd.uscourts.gov to make arrangements. (tab) (Entered: 01/16/2013)
2013-01-2221AMENDED NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Theresa Brown) The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/documents/formpage.html , should be prepared 21 days before the Initial Pretrial Conference hearing date. NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel (a) file a stipulated Attorneys Planning Meeting Report ; and (b) e-mail a Proposed Scheduling Order to ipt@utd.uscourts.gov 21 days before the scheduled hearing. See instructions at http://www.utd.uscourts.gov/documents/ipt.html If counsel or the parties would like to participate by phone they must contact chambers at least two days in advance at utdecf_furse@utd.uscourts.gov to make arrangements. Initial Pretrial Conference set for 3/21/2013 10:30 AM in Room 477 before Magistrate Judge Evelyn J. Furse. PLEASE NOTE CHANGE IN DATE DUE TO CONFLICT IN COURT CALENDAR. (tab) (Entered: 01/22/2013)
2013-01-2822Plaintiff's MOTION for Discovery re: Scope and Duration of FBI's Sensitive Informant Program filed by Plaintiff Jesse C. Trentadue. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Trentadue, Jesse) (Entered: 01/28/2013)
2013-02-1423MEMORANDUM in Opposition re 22 Plaintiff's MOTION for Discovery re: Scope and Duration of FBI's Sensitive Informant Program filed by Defendant Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order Text of Proposed Order)(Wyer, Kathryn) (Entered: 02/14/2013)
2013-02-2624MOTION to Vacate 21 Notice of Initial Pretrial Conference,,,,, filed by Defendant Federal Bureau of Investigation. (Attachments: # 1 Exhibit A - Stipulation and Joint Motion, No 2:04cv772 DAK, # 2 Exhibit B - Stipulation to Strike Status Conference, No 2:03cv946 BSJ, # 3 Text of Proposed Order)(Wyer, Kathryn) (Entered: 02/26/2013)
2013-02-2725REPLY to Response to Motion re 22 Plaintiff's MOTION for Discovery re: Scope and Duration of FBI's Sensitive Informant Program filed by Plaintiff Jesse C. Trentadue. (Attachments: # 1 Exhibit 1 - Manual, # 2 Exhibit 2 - Manual)(Trentadue, Jesse) (Entered: 02/27/2013)
2013-03-0526RESPONSE to Motion re 22 Plaintiff's MOTION for Discovery re: Scope and Duration of FBI's Sensitive Informant Program , 24 MOTION to Vacate 21 Notice of Initial Pretrial Conference,,,,, filed by Plaintiff Jesse C. Trentadue. (Trentadue, Jesse) (Entered: 03/05/2013)
2013-03-1227REQUEST to Submit for Decision re 24 MOTION to Vacate 21 Notice of Initial Pretrial Conference,,,,, filed by Defendant Federal Bureau of Investigation. (Wyer, Kathryn) (Entered: 03/12/2013)
2013-03-1928DOCKET TEXT ORDER granting 24 Motion to Vacate Initial Pretrial Conference set for 3/21/13 at 10:00 a.m.. Signed by Magistrate Judge Evelyn J. Furse on 3/19/13. No attached document. (alp) (Entered: 03/19/2013)
2013-03-20Deadlines/Hearings terminated Initial Pretrial Conference on 3/21/13 vacated per order 28.. (alp) (Entered: 03/20/2013)
2013-03-2629REQUEST to Submit for Decision re 22 Plaintiff's MOTION for Discovery re: Scope and Duration of FBI's Sensitive Informant Program , 23 Memorandum in Opposition to Motion, 25 Reply Memorandum/Reply to Response to Motion, filed by Plaintiff Jesse C. Trentadue. (Trentadue, Jesse) (Entered: 03/26/2013)
2013-07-0930ORDER denying 22 Motion to Conduct Limited Discovery. Discovery is generally unavailable in FOIA litigation, and the court finds that this case does not present an exception to the general rule. The parties may stipulate to a briefing schedule regarding the FBIs anticipated Motion for Summary Judgment, or, if a stipulation is not possible, the FBI may file its motion, and the time limits under the local rules of practice will apply. Signed by Judge Dale A. Kimball on 7/8/13. (jlw) (Entered: 07/09/2013)
2014-03-1431STATUS REPORT ORDER. The court directs Plaintiff to file a Status Report regarding this case. Status Report due by 3/31/2014. Signed by Judge Dale A. Kimball on 3/14/2014. (awm) (Entered: 03/14/2014)
2014-03-2832STATUS REPORT Joint by Federal Bureau of Investigation, Jesse C. Trentadue. (Trentadue, Jesse) (Entered: 03/28/2014)
2014-04-2533MOTION for Summary Judgment and Memorandum in Support filed by Defendant Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Wyer, Kathryn) Modified on 6/8/2015 (jwt). (Entered: 04/25/2014)
2014-04-2534NOTICE of Filing of Appendix in Support of Defendant's Motion for Summary Judgment by Federal Bureau of Investigation re 33 MOTION for Summary Judgment and Memorandum in Support (Attachments: # 1 Exhibit 1 - Email from Jesse Trentadue (March 25, 2014), # 2 Declaration of David M. Hardy, # 3 Hardy Declaration Exhibits A-Z, # 4 Hardy Declaration Exhibit AA Part 1, # 5 Hardy Declaration Exhibit AA Part 2, # 6 Hardy Declaration Exhibit AA Part 3, # 7 Declaration of Eric Velez-Villar, # 8 Declaration of Martha M. Lutz, # 9 Declaration of John F. Hackett) (Wyer, Kathryn) (Entered: 04/25/2014)
2014-05-1935MOTION for Extension of Time to File Response/Reply as to 33 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Jesse C. Trentadue. (Attachments: # 1 Exhibit Exhibit 1 - E-Mail, # 2 Text of Proposed Order)(Trentadue, Jesse) (Entered: 05/19/2014)
2014-05-2036ORDER granting 35 Motion for Extension of Time to File Response/Reply re 33 MOTION for Summary Judgment and Memorandum in Support Responses due by 6/16/2014. Signed by Judge Dale A. Kimball on 5/20/14. (jlw) (Entered: 05/20/2014)
2014-06-1637Plaintiff's MEMORANDUM in Opposition re 33 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Jesse C. Trentadue. (Attachments: # 1 Exhibit Sensitive Informant, # 2 Exhibit Isham Article, # 3 Exhibit Confidential Human Source Validation Standards Manual, # 4 Exhibit Confidential Human Source Policy Manual, # 5 Exhibit Confidential Funding Policy Implementation Guide, # 6 Exhibit Confidential Human Source Policy Implementation Guide, # 7 Exhibit Domestic Investigations and Operations Guide, # 8 Appendix Appendix)(Trentadue, Jesse) (Entered: 06/16/2014)
2014-06-1738ERRATA to 37 Memorandum in Opposition to Motion,, filed by Plaintiff Jesse C. Trentadue . (Attachments: # 1 Errata Memorandum in Opposition, # 2 Exhibit Sensitive Informant, # 3 Exhibit Isham Article, # 4 Exhibit Confidential Human Source Validation Standards Manual, # 5 Exhibit Confidential Human Source Policy Manual, # 6 Exhibit Confidential Funding Policy Implementaion Guide, # 7 Exhibit Confidential Human Source Policy Implementation Guide, # 8 Errata Domestic Investigations and Operations Guide, # 9 Appendix Appendix of Exhibits)(Trentadue, Jesse) (Entered: 06/17/2014)
2014-06-2339NOTICE OF HEARING ON MOTION re: 33 MOTION for Summary Judgment and Memorandum in Support : (Notice generated by DAK Chambers) Motion Hearing set for Wednesday, 8/20/2014 at 03:00 PM in Rm 3.400 before Judge Dale A. Kimball. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah (kmj) (Entered: 06/23/2014)
2014-07-0140Consent MOTION for Extension of Time to File Response/Reply as to 33 MOTION for Summary Judgment and Memorandum in Support , Consent MOTION to Continue August 20, 2014 Hearing filed by Defendant Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Wyer, Kathryn) (Entered: 07/01/2014)
2014-07-0241ORDER granting 40 Consent MOTION for Extension of Time to File Response/Reply as to 33 MOTION for Summary Judgment and Memorandum in Support Consent MOTION to Continue August 20, 2014 Hearing. Defendant shall file its reply on or before 8/25/2014. The hearing on Defendant's motion is hereby CONTINUED from August 20, 2014 to September 17, 2014 at 3:00 PM. Signed by Judge Dale A. Kimball on 07/02/2014. (jds) (Entered: 07/02/2014)
2014-07-0242AMENDED NOTICE OF HEARING ON MOTION re: 33 MOTION for Summary Judgment and Memorandum in Support : Motion Hearing RESET per docket entry 41 for 9/17/2014 03:00 PM in Rm 3.400 before Judge Dale A. Kimball. (jds) (Entered: 07/02/2014)
2014-08-20Reset Hearing as to 33 MOTION for Summary Judgment and Memorandum in Support . Motion Hearing is reset for Tuesday, 9/16/2014 at 10:00 AM in Rm 3.400 before Judge Dale A. Kimball due to a conflict in Judge Kimball's calendar. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah(kmj) (Entered: 08/20/2014)
2014-08-2243Consent MOTION for Extension of Time to File Response/Reply as to 33 MOTION for Summary Judgment and Memorandum in Support filed by Defendant Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Wyer, Kathryn) (Entered: 08/22/2014)
2014-08-2244ORDER granting 43 Motion for Extension of Time to File Reply re 33 MOTION for Summary Judgment Replies due by 9/11/2014. Signed by Judge Dale A. Kimball on 8/22/2014. (jds) (Entered: 08/22/2014)
2014-09-04Reset Hearing as to 33 MOTION for Summary Judgment . Motion Hearing is reset for Thursday, 10/2/2014 at 10:00 AM in Rm 3.400 before Judge Dale A. Kimball due to the extention of the briefing deadline. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah(kmj) (Entered: 09/04/2014)
2014-09-05Reset Hearing as to 33 MOTION for Summary Judgment . Motion Hearing is reset for Wednesday, 11/5/2014 at 03:00 PM in Rm 3.400 before Judge Dale A. Kimball at the request of Jesse Trentadue, Esq. Court Address: NEW COURTHOUSE - 351 South West Temple, Salt Lake City, Utah(kmj) (Entered: 09/05/2014)
2014-09-1145REPLY to Response to Motion re 33 MOTION for Summary Judgment and Memorandum in Support filed by Defendant Federal Bureau of Investigation. (Attachments: # 1 Exhibit 1 - List of Plaintiff's Remaining Challenges)(Wyer, Kathryn) (Entered: 09/11/2014)
2014-11-0546Minute Entry for proceedings held before Judge Dale A. Kimball: Motion Hearing held on 11/5/2014 re 33 MOTION for Summary Judgment filed by Federal Bureau of Investigation. The Court heard the arguments of respective counsel and took the motion under advisement. Attorney for Plaintiff: Jesse Trentadue, pro se. Attorney for Defendant: Kathryn Wyer. Court Reporter: Patti Walker. (kmj) (Entered: 11/05/2014)
2014-12-1247ORDER re 46 Motion Hearing held on November 5, 2014. Unredacted copies for in camera review and the accompanying Vaughn Index or declarations shall be provided to the court by January 30, 2015. The court will then review thedocuments and then issue an order on the FBIs pending Motion for Summary Judgment. Signed by Judge Dale A. Kimball on 12/11/2014. (jds) (Entered: 12/12/2014)
2015-01-2748Consent MOTION for Extension of Time for Submission of Documents for Ex Parte In Camera Review filed by Defendant Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Wyer, Kathryn) (Entered: 01/27/2015)
2015-01-2749ORDER granting 48 Motion for Extension of Time Within Which to Submit Documents for Ex Parte In Camera Review. Defendant shall provide its submission for ex parte in camera review on or before March 2, 2015. Signed by Judge Dale A. Kimball on 1/24/2015. (jds) (Entered: 01/27/2015)
2015-03-0250NOTICE of Ex Parte In Camera Submission of Classified Documents by Federal Bureau of Investigation (Wyer, Kathryn) (Entered: 03/02/2015)
2015-06-0851MEMORANDUM DECISION AND ORDER granting 33 Defendant's Motion for Summary Judgment. The Clerk of Court is to enter judgment in favor of the FBI. Signed by Judge Dale A. Kimball on 6/8/2015. (jds) (Entered: 06/08/2015)
2015-06-0852CLERK'S JUDGMENT in favor of Federal Bureau of Investigation against Jesse C. Trentadue, plaintiffs cause of action is dismissed. Signed by LSY, Chief Deputy Clerk. Case Closed. (jds) (Entered: 06/09/2015)
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