Case Detail

FOIA Project Annotation: A federal magistrate judge in California has found that the DEA properly withheld information about the confidential status of Hilliard Hughes under Exemption 7(C) (invasion of privacy concerning law enforcement records). Leonard Brown, who was convicted on drug charges he believed were based on illegal use of his friend Hughes as a confidential informant, requested a 2004 DEA report of investigation concerning what Hughes told the agency he would be willing to testify to at trial. Brown argued that disclosure of an unredacted version of the 2004 ROI would not be an invasion of privacy because two other DEA reports containing identifying information about Hughes had already been released. The magistrate judge noted that "however, Plaintiff''s belief that all redacted portions of the 2004 DEA ROI are simply elaborations of the unredacted portions of the report and do not contain critical, identifying, personal information, or are duplicative of unredacted portions of two completely different reports, is not the legal standard for determining whether a strong privacy interest exists in nondisclosure." The magistrate judge added that "the fact that a witness has publicly testified at trial does not diminish or waive his privacy interest." Balanced against this privacy interest, the magistrate judge found Brown had identified no public interest. The magistrate judge pointed out that "because Hilliard Hughes'â€"and any other individual involved with or associated with Hilliard Hughesâ€"privacy interest, however slight, necessarily outweighs the nonexistent interest in release of the 2004 DEA ROI, Plaintiff's FOIA request is foreclosed by FOIA Exemption 7(C)." The magistrate judge agreed with Brown that the agency had failed to provide a Vaughn index as required under Ninth Circuit precedent, but concluded it was not necessary under the circumstances. The magistrate judge observed that "the Court cannot discern a way to require the DOJ to provide 'a particularized explanation of how disclosure of the particular document would damage the interest protected by the claimed exemption,' without also forcing the agency to reveal the protected information contained in the withheld documents."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2013-07-19	1	MOTION to PROCEED IN FORMA PAUPERIS by Leonard Brown. (Martin-Gill, S) (Entered: 07/24/2013)
2013-07-19	2	COMPLAINT (FOIA) against U.S. Department of Justice Drug Enforcement Administration by Leonard Brown.(Martin-Gill, S) (Entered: 07/24/2013)
2013-08-06	3	ORDER granting 1 Motion to Proceed IFP signed by Magistrate Judge Sheila K. Oberto on 8/6/2013. (Attachments: # 1 IFP Application, # 2 Consent Form) (Lundstrom, T) (Entered: 08/06/2013)
2013-08-06		SERVICE BY MAIL: 3 Order on Motion to Proceed in forma pauperis served on Leonard Brown. (Lundstrom, T) (Entered: 08/06/2013)
2013-08-15	4	DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Leonard Brown. (Sant Agata, S) (Entered: 08/15/2013)
2013-08-28	5	ORDER AUTHORIZING SERVICE of Complaint on Defendant and ORDER Directing Clerk to Forward Service Documents to Plaintiff for Completion and Return Within Thirty (30) Days signed by Magistrate Judge Sheila K. Oberto on 8/27/2013. (Attachments: # 1 USM Instructions). (Jessen, A) (Entered: 08/28/2013)
2013-08-28		SERVICE BY MAIL: 5 Order served on Leonard Brown. (Jessen, A) (Entered: 08/28/2013)
2013-09-05	6	NOTICE OF SUBMISSION OF DOCUMENTS: 1 Summons, 1 USM-285 Form, and 3 copies of the Complaint by Leonard Brown. (Jessen, A) (Entered: 09/06/2013)
2013-09-13	7	ORDER DIRECTING USM to serve * complaint * filed on * 7/19/2013,* on * U.S. Department of Justice Drug Enforcement Administration*, signed by Magistrate Judge Sheila K. Oberto on 9/12/2013. (Sant Agata, S) (Entered: 09/13/2013)
2013-09-13		SERVICE BY MAIL: 7 Order Directing Service by USM served on Leonard Brown. (Sant Agata, S) (Entered: 09/13/2013)
2013-12-19	8	MOTION to Obtain Notice of Srvice Copy from the United States Marshals Service, by Leonard Brown. (Gonzalez, R) (Entered: 12/20/2013)
2014-01-17	9	SUMMONS RETURNED EXECUTED. U.S. Department of Justice Drug Enforcement Administration served on 11/21/2013, answer due 1/21/2014. (Lundstrom, T) (Entered: 01/17/2014)
2014-01-21	10	ANSWER by U.S. Department of Justice Drug Enforcement Administration. Attorney Himel, Yoshinori H. T. added.(Himel, Yoshinori) (Entered: 01/21/2014)
2014-01-30	11	DISCOVERY ORDER signed by Magistrate Judge Sheila K. Oberto on 1/30/2014. (Kusamura, W) (Entered: 01/30/2014)
2014-01-30	12	ORDER DENYING AS MOOT 8 Motion to Obtain Notice of Service, signed by Magistrate Judge Sheila K. Oberto on 1/30/2014. (Kusamura, W) (Entered: 01/30/2014)
2014-01-30		SERVICE BY MAIL: 12 Order, Order on Motion for Miscellaneous Relief, 11 Order served on Leonard Brown. (Kusamura, W) (Entered: 01/30/2014)
2014-01-30	13	***STRICKEN*** REPLY To The Answer To Foia Complaint (Doc. 10 ), by Leonard Brown. (Fahrney, E) (Entered: 01/30/2014)
2014-02-05	14	ORDER STRICKING 13 Reply to Answer. Order signed by Magistrate Judge Sheila K. Oberto on 2/5/2014. (Timken, A) (Entered: 02/05/2014)
2014-02-05		SERVICE BY MAIL: 14 Order served on Leonard Brown. (Timken, A) (Entered: 02/05/2014)
2014-08-06	15	MOTION to COMPEL DISCOVERY to Include Exhibits A and B by Leonard Brown. (Jessen, A) (Entered: 08/06/2014)
2014-08-18	16	RESPONSE by U.S. Department of Justice Drug Enforcement Administration to 15 MOTION to COMPEL DISCOVERY. (Attachments: # 1 Proposed Order, # 2 Proof of Service)(Himel, Yoshinori) (Entered: 08/18/2014)
2014-08-21	17	Order extending time, signed by Magistrate Judge Sheila K. Oberto on 8/20/2014. (Defendants Responses due by 9/8/2014) (Figueroa, O) (Entered: 08/21/2014)
2014-08-21		SERVICE BY MAIL: 17 Order, served on Leonard Brown. (Figueroa, O) (Entered: 08/21/2014)
2014-08-25	18	MOTION to COMPEL Preparation of a Vaughn Idex by Leonard Brown. (Marrujo, C) (Entered: 08/25/2014)
2014-09-08	19	MOTION for SUMMARY JUDGMENT by U.S. Department of Justice Drug Enforcement Administration. (Attachments: # 1 Declaration of Katherine L. Myrick, # 2 Declaration of Counsel Supporting Summary Judgment and Opposing Motions to Compel, # 3 Statement of Undisputed Facts Supporting Summary Judgment, # 4 Points and Authorities Supporting Summary Judgment, # 5 Opposition to Motion to Compel Discovery, # 6 Opposition to Motion for Vaughn Index as Premature and Unmerited)(Himel, Yoshinori) (Entered: 09/08/2014)
2014-09-26	20	CROSS - MOTION for SUMMARY JUDGMENT by Leonard Brown. (Lundstrom, T) (Entered: 09/26/2014)
2014-10-02	21	MOTION for 1-Week and 3-Week-DAY EXTENSION OF TIME to Oppose Cross-Motion and For Reply by U.S. Department of Justice Drug Enforcement Administration. (Himel, Yoshinori) (Entered: 10/02/2014)
2014-10-07	22	ORDER GRANTING 21 Defendant's Request for an Extension of Time to File an Opposition to Plaintiff's Cross Motion for Summary Judgment and to File a Reply in Support of Defendant's Motion for Summary Judgment. Defendant shall submit its reply and opposition papers by no later than 10/24/2014. Order signed by Magistrate Judge Sheila K. Oberto on 10/7/2014. (Timken, A) (Entered: 10/07/2014)
2014-10-07		SERVICE BY MAIL: 22 Order served on Leonard Brown. (Timken, A) (Entered: 10/07/2014)
2014-10-23	23	REPLY by U.S. Department of Justice Drug Enforcement Administration to RESPONSE to 20 MOTION for SUMMARY JUDGMENT, 19 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Supplemental Declaration of Katherine L. Myrick, # 2 Notice of in camera, ex parte submission)(Himel, Yoshinori) (Entered: 10/23/2014)
2014-11-03	24	REPLY by Leonard Brown re 23 Reply to Response to Motion. (Lundstrom, T) (Entered: 11/03/2014)
2014-11-24	25	DESIGNATION of COUNSEL FOR SERVICE. Added attorney Benjamin E. Hall for U.S. Department of Justice Drug Enforcement Administration, attorney Yoshinori H. T. Himel terminated (Hall, Benjamin) (Entered: 11/24/2014)
2015-03-05	26	ORDER VACATING From the Court's Calendar Plaintiff's Motions to Compel 15 and 18 , and Continuing the Motions to be Considered with the Parties' Cross Motions for Summary Judgment. Order signed by Magistrate Judge Sheila K. Oberto on 3/5/2015. (Timken, A) (Entered: 03/05/2015)
2015-03-05		SERVICE BY MAIL: 26 Order served on Leonard Brown. (Timken, A) (Entered: 03/05/2015)
2015-03-17	27	FINDINGS and RECOMMENDATIONS recommending that Defendant's Motion for Summary Judgment be GRANTED and Plaintiff's Motion for Summary Judgment be DENIED (Docs. 19, 20). Matter referred to Judge O'Neill; Objections to F&R due within twenty-eight (28) days of service of this recommendation. ORDER DENYING Plaintiff's Motion to Compel Discovery and Motion to Compel Production of a Vaughn Index. (Docs. 15, 18). Findings and Recommendations and Order signed by Magistrate Judge Sheila K. Oberto on 3/17/2015. (Timken, A) (Entered: 03/17/2015)
2015-03-17		SERVICE BY MAIL: 27 Findings and Recommendations and Order, served on Leonard Brown. (Timken, A) (Entered: 03/17/2015)
2015-03-25	28	MOTION to supplement reply brief in support of cross-motion for summary judgment re 20 by Leonard Brown. (Lundstrom, T) (Entered: 03/25/2015)
2015-03-27	29	ORDER STRIKING 28 Plaintiff's Motion to Supplement Reply Brief in Support of Cross-Motion for Summary Judgment. Order signed by Magistrate Judge Sheila K. Oberto on 3/27/2015. (Timken, A) (Entered: 03/27/2015)
2015-03-27		SERVICE BY MAIL: 29 Order on Motion for Miscellaneous Relief served on Leonard Brown. (Timken, A) (Entered: 03/27/2015)
2015-04-01	30	OBJECTIONS to 27 FINDINGS and RECOMMENDATIONS by Plaintiff Leonard Brown. (Sant Agata, S) (Entered: 04/01/2015)
2015-04-02	31	MINUTE ORDER: ***TEXT ENTRY ONLY*** The Court has received Plaintiff's Objections to the Magistrate Judge's Findings and Recommendations that Defendant's Motion for Summary Judgment be Granted and Plaintiff's Motion for Summary Judgment be Denied. In accordance with Local Rule 304(d), any response to Plaintiff's objections shall be filed and served on all parties by no later than April 13, 2015. Minute order signed by Magistrate Judge Sheila K. Oberto on 4/2/2015. (Timken, A) (Entered: 04/02/2015)
2015-04-02		SERVICE BY MAIL: 31 Minute Order, served on Leonard Brown. (Timken, A) (Entered: 04/02/2015)
2015-04-13	32	RESPONSE by U.S. Department of Justice Drug Enforcement Administration to 30 Objections to Findings and Recommendations. (Hall, Benjamin) (Entered: 04/13/2015)
2015-04-24	33	***STRICKEN (per Doc. 34)***REPLY to Defendant's 32 Response to Plaintiff's 30 Objections to Findings and Recommendations by Leonard Brown. (Marrujo, C) (Entered: 04/24/2015)
2015-04-27	34	ORDER STRIKING Plaintiff's Reply to Defendant's Response to Plaintiff's Objections to Magistrate Judge's Findings and Recommendations 33 . Order signed by Magistrate Judge Sheila K. Oberto on 4/27/2015. (Timken, A) (Entered: 04/27/2015)
2015-04-27		SERVICE BY MAIL: 34 Order served on Leonard Brown. (Timken, A) (Entered: 04/27/2015)
2015-04-30	35	ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 27 AND GRANTING MOTION FOR SUMMARY JUDGMENT 19 signed by District Judge Lawrence J. O'Neill on 4/29/2015. CASE CLOSED.(Lundstrom, T) (Entered: 04/30/2015)
2015-04-30	36	JUDGMENT dated *4/30/2015* pursuant to order signed by District Judge Lawrence J. O'Neill on 4/29/2015. (Lundstrom, T) (Entered: 04/30/2015)
2015-04-30		SERVICE BY MAIL: 36 Judgment, 35 Order Adopting Findings and Recommendations served on Leonard Brown. (Lundstrom, T) (Entered: 04/30/2015)
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