Case Detail

FOIA Project Annotation: The court ruled that EOUSA properly withheld the names of witnesses that testified at Reidar Arden's trial on charges of fraud and money-laundering because they are protected by Exemption 7(C) (invasion of privacy concerning law enforcement records). Arden submitted a request for records of the expenses of U.S. Attorneys and witnesses during his trial. The agency provided responsive information but redacted the names of witnesses. Arden appealed to OIP and expanded the scope of his request for information about the amount of time the witnesses spent with government attorneys and whether they had any penalties reduced as a result of their testimony. OIP upheld the agency's decision and told Arden he could not broaden his request as part of an appeal. Arden then sued. The court agreed that Arden had failed to exhaust administrative remedies as to the expanded items included in his administrative appeal. The court also upheld the agency's Exemption 7(C) claim, finding the privacy interest outweighed Arden's public interest claim. The court pointed out that "disclosing the names of witnesses who testified in Plaintiff's criminal trial does not inform the public how the Agency conducts business."
Issues: Litigation - Jurisdiction - Failure to Exhaust, Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2013-06-24	1	Original record together with certified copy of docket entries received from District of Western District of Texas (El Paso). (Attachments: # 1 Document #1, # 2 Document #2, # 3 Document #3, # 4 Document #4, # 5 Document #5)(jmv, ) (Entered: 06/27/2013)
2013-07-09	2	ORDER THAT PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS IS DENIED WITHOUT PREJUDICE; ETC.. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 7/8/13. 7/9/13 ENTERED AND COPIES MAILED TO PRO SE.(jl, ) (Entered: 07/09/2013)
2013-07-19	3	ORDER THAT THIS CASE IS REASSIGNED FROM THE CALENDAR OF THE HONORABLE RONALD L. BUCKWALTER TO THE CALENDAR OF THE HONORABLE NITZA I QUINONES ALEJANDRO FOR ALL FURTHER PROCEEDINGS. SIGNED BY MICHAEL E. KUNZ ON 7/19/2013. 7/19/2013 ENTERED AND COPIES MAILED TO PRO SE. (ems) Modified on 7/23/2013 (afm, ). (Entered: 07/19/2013)
2013-07-19	4	APPLICATION to proceed in district court without prepaying fees or costs filed by REIDAR CARROLL ARDEN with inmate account statement. (lvj, ) (Entered: 07/22/2013)
2013-07-31	5	ORDER THAT MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. PLAINTIFF'S MOTION TO ADD KIMBERLY COX AS A DEFENDANT IS DENIED. THE COMPLAINT IS TO BE FILED AND THE SUMMONS IS TO BE ISSUE; ETC.. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 7/30/13. 8/1/13 ENTERED AND COPIES MAILED TO PRO SE AND COPY TO WARDEN.(jl, ) (Entered: 08/01/2013)
2013-07-31	6	PETITION by REIDAR CARROLL ARDEN TO SEEK RELIEF UNDER 5 USC & 552 (a)(4)(B) (jl, ) (Entered: 08/01/2013)
2013-07-31		Summons Issued as to U.S. Attorney and U.S. Attorney General Forwarded To: U.S. MARSHAL on 8/1/13 ON PETITION (jl, ) (Entered: 08/01/2013)
2013-08-05	7	AFFIDAVIT of Service re: served SUMMONS AND COMPLAINT upon AKEEM BOLDEN by PERSONAL SERVICE on 8/5/13 (jl, ) (Entered: 08/06/2013)
2013-08-27	8	NOTICE of Appearance by JACQUELINE CHRISTINE ROMERO on behalf of UNITED STATES OF AMERICA with Certificate of Service(ROMERO, JACQUELINE) (Entered: 08/27/2013)
2013-08-27	9	NOTICE of Appearance by MICHAEL S. MACKO on behalf of UNITED STATES OF AMERICA with Certificate of Service(MACKO, MICHAEL) (Entered: 08/27/2013)
2013-09-04	10	MOTION for Partial Dismissal and for Summary Judgment filed by UNITED STATES OF AMERICA.. (Attachments: # 1 Memorandum of Law in Support of Defendant's Motion for Partial Dismissal and for Summary Judgment, # 2 Appendix of Declarations and Exhibits in Support of Defendant's Motion, # 3 Certificate of Service)(MACKO, MICHAEL) (Entered: 09/04/2013)
2013-09-16	11	NOTICE of Change of Address by REIDAR CARROLL ARDEN(jpd, ) (Entered: 09/17/2013)
2013-09-19	12	REIDAR CARROLL ARDEN RESPONSE TO DEFENDANT'S MOTION FOR PARTIAL DISMISSAL AND FOR SUMMARY JUDGMENT, CERTIFICATE OF SERVICE. (jl, ) (Entered: 09/19/2013)
2013-09-25	13	REPLY Brief in Support re 10 MOTION for Partial Dismissal and for Summary Judgment filed by UNITED STATES OF AMERICA. Certificate of Service. (MACKO, MICHAEL) Modified on 9/26/2013 (lisad, ). (Entered: 09/25/2013)
2013-10-18	14	AFFIDAVIT of Service: Jackie Reilly accept service on behalf of the United States Attorney (only) (jl, ) (Entered: 10/18/2013)
2013-10-22	15	AFFIDAVIT of Service by US MARSHAL re: served SUMMONS AND COMPLAINT upon U.S. ATTORNEY AND ERIC HOLDER by CERTIFIED MAIL (jl, ) (Entered: 10/22/2013)
2014-03-24	16	NOTICE of Change of Address by REIDAR CARROLL ARDEN(jl, ) (Entered: 03/24/2014)
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