Case Detail

FOIA Project Annotation: A federal court in California has ruled that the FBI conducted an adequate search for records concerning attorneys Caitlin Kelly Henry and Jesse Stout, both of whom specialized in criminal justice reform. Henry and Stout made separate requests to the FBI and the EOUSA for records about themselves. Both components conducted database searches using variations of their names and found no records. Henry and Stout then filed suit, arguing the agency should have used several other databases that were more likely to contain responsive records, particularly Sentinel, the Investigative Data Warehouse, and Data Integration and Visualization System. The FBI searched its Central Records System and found no records. It also searched its ELSUR electronic surveillance database and subsequently agreed to search Sentinel as well. But after finding no records pertaining to either Henry or Stout during those searches, the agency concluded any further searches would be fruitless. The agency argued that any further details about DIVS searches would reveal information protected by Exemption 7(E) (investigative methods and techniques). As a result, the agency submitted an in camera affidavit. After reviewing the in camera affidavit, the court concluded that "Defendant has established that the information contained in the declarations is protected from disclosure pursuant to the law enforcement privilege" and added that "it would be unreasonably burdensome for the FBI to search DIVS for responsive records in response to Plaintiffs' FOIA requests." Henry and Stout argued the agency's search was inadequate because it had decided not to use multiple key words in its search that pertained to various entities that Henry and Stout had included in their requests. The court observed that "here, the FBI's multiple searches used variations on Plaintiffs' names and other identifying information. These searches did not yield a single responsive record, nor did they uncover any information suggesting the existence of responsive records. Plaintiffs' proposed key words are untethered from dates or events that are likely associated with Plaintiffs. Under these circumstances, the court finds that the FBI's decision not to use Plaintiffs' proposed search terms was reasonable." EOUSA had limited its search to districts where Henry and Stout may have been involved in cases. Henry and Stout faulted the agency for not searching its headquarter records, but the court agreed with the agency that any records pertaining to Henry and Stout would have been located in those districts where they had been involved in cases.
Issues: Adequacy - Search, Search - Reasonableness of search

Date Filed	Doc #	Docket Text
2013-12-21	1	COMPLAINT (no process) for injunctive relief against Department of Justice ( Filing fee $ 400, receipt number 0971-8250634.). Filed by Caitlin Kelly Henry, Jesse Stout. (Stout, Jesse) (Filed on 12/21/2013) Modified on 12/23/2013 (cjlS, COURT STAFF). (Entered: 12/21/2013)
2013-12-21	2	Civil Cover Sheet by Caitlin Kelly Henry, Jesse Stout . (Stout, Jesse) (Filed on 12/21/2013) (Entered: 12/21/2013)
2013-12-23	3	Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (gmS, ) (Filed on 12/23/2013) (Entered: 12/23/2013)
2013-12-23	4	Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/19/2014. Case Management Conference set for 3/26/2014 01:30 PM in Courtroom 4, 3rd Floor, Oakland. (cjlS, COURT STAFF) (Filed on 12/23/2013) (Entered: 12/23/2013)
2014-01-09	5	CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge within 14 days of this notice. (This is a text only docket entry, there is no document associated with this notice.) (ig, COURT STAFF) (Filed on 1/9/2014) (Entered: 01/09/2014)
2014-01-16	6	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Caitlin Kelly Henry, Jesse Stout.. (Stout, Jesse) (Filed on 1/16/2014) (Entered: 01/16/2014)
2014-03-24	7	Proposed Summons. (Stout, Jesse) (Filed on 3/24/2014) (Entered: 03/24/2014)
2014-03-24	8	First MOTION to Continue Case Management Conference filed by Caitlin Kelly Henry, Jesse Stout. (Attachments: # 1 Declaration)(Stout, Jesse) (Filed on 3/24/2014) (Entered: 03/24/2014)
2014-03-25	9	Summons Issued as to Department of Justice. (vlkS, COURT STAFF) (Filed on 3/25/2014) (Entered: 03/25/2014)
2014-03-25	10	ORDER by Magistrate Judge Donna M. Ryu granting 8 Motion to Continue Case Management Conference Deadlines. (ig, COURT STAFF) (Filed on 3/25/2014) (Entered: 03/25/2014)
2014-03-25		Set/Reset Deadlines and Hearing re 10 Order on Motion to Continue: Case Management Statement due by 5/21/2014. Initial Case Management Conference continued to 5/28/2014 01:30 PM before Magistrate Judge Donna M. Ryu. (ig, COURT STAFF) (Filed on 3/25/2014) (Entered: 03/25/2014)
2014-03-31	11	SUMMONS Returned Executed (FOIA) by Jesse Stout. Department of Justice served on 3/25/2014, answer due 4/24/2014. (Henry, Caitlin) (Filed on 3/31/2014) (Entered: 03/31/2014)
2014-03-31	12	SUMMONS Returned Executed (FOIA) by Jesse Stout. Department of Justice served on 3/28/2014, answer due 4/28/2014. (Henry, Caitlin) (Filed on 3/31/2014) (Entered: 03/31/2014)
2014-04-03	13	STIPULATION to Extend Defendant's Deadline to Respond to the Complaint filed by Department of Justice. (Wang, Jennifer) (Filed on 4/3/2014) (Entered: 04/03/2014)
2014-04-10	14	CLERK'S NOTICE Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge within 14 days of this notice. (This is a text only docket entry, there is no document associated with this notice.) (ig, COURT STAFF) (Filed on 4/10/2014) (Entered: 04/10/2014)
2014-04-17	15	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Department of Justice.. (Wang, Jennifer) (Filed on 4/17/2014) (Entered: 04/17/2014)
2014-05-05	16	Federal Defendant's ANSWER to Complaint byDepartment of Justice. (Wang, Jennifer) (Filed on 5/5/2014) (Entered: 05/05/2014)
2014-05-20	17	STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by Department of Justice. (Wang, Jennifer) (Filed on 5/20/2014) Modified on 5/21/2014 (vlkS, COURT STAFF). (Entered: 05/20/2014)
2014-05-21	18	ORDER by Judge Donna M. Ryu granting 17 Stipulation to Continue Case Management Conference to 7/2/2014. (fs, COURT STAFF) (Filed on 5/21/2014) (Entered: 05/21/2014)
2014-06-25	19	STIPULATION to Continue Case Management Conference filed by Department of Justice. (Wang, Jennifer) (Filed on 6/25/2014) (Entered: 06/25/2014)
2014-06-30	20	ORDER Vacating 7/2/14 Case Management Conference and Setting Briefing and Hearing Schedule on Parties' Cross Motions for Summary Judgment. Signed by Magistrate Judge Donna M. Ryu on 06/30/2014. (dmrlc1, COURT STAFF) (Filed on 6/30/2014) (Entered: 06/30/2014)
2014-07-17	21	AMENDED ORDER Vacating 7/2/14 Case Management Conference and Setting Briefing and Hearing Schedule on Parties' Cross Motions for Summary Judgment. Signed by Magistrate Judge Donna M. Ryu on 7/17/2014. (ig, COURT STAFF) (Filed on 7/17/2014). (Entered: 07/17/2014)
2014-08-13	22	CLERK'S NOTICE: Notice is hereby given to all parties and counsel of record that Magistrate Judge Donna M. Ryu has amended her General Standing Order. Effective immediately, all parties shall follow Judge Ryu's revised General Standing Order which can be found on the Court's website at www.cand.uscourts.gov. (This is a text only docket entry, there is no document associated with this notice.) (ig, COURT STAFF) (Filed on 8/13/2014) (Entered: 08/13/2014)
2014-09-24	23	STIPULATION WITH PROPOSED ORDER TO EXTEND DEADLINES FOR PARTIES CROSS-MOTIONS FOR SUMMARY JUDGMENT filed by Department of Justice. (Wang, Jennifer) (Filed on 9/24/2014) (Entered: 09/24/2014)
2014-09-25	24	ORDER by Magistrate Judge Donna M. Ryu granting 23 Stipulation to extend deadlines for parties' cross-motions for Summary Judgment. (ig, COURT STAFF) (Filed on 9/25/2014) (Entered: 09/25/2014)
2014-10-02	25	MOTION for Summary Judgment filed by Department of Justice. Motion Hearing set for 1/8/2015 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Donna M. Ryu. Responses due by 10/23/2014. Replies due by 11/13/2014. (Wang, Jennifer) (Filed on 10/2/2014) (Entered: 10/02/2014)
2014-10-02	26	Declaration of David M. Hardy in Support of 25 MOTION for Summary Judgment with Exhibits A-M filed byDepartment of Justice. (Related document(s) 25 ) (Wang, Jennifer) (Filed on 10/2/2014) (Entered: 10/02/2014)
2014-10-02	27	Declaration of Tricia Francis in Support of 25 MOTION for Summary Judgment with Exhibits A-S filed byDepartment of Justice. (Related document(s) 25 ) (Wang, Jennifer) (Filed on 10/2/2014) (Entered: 10/02/2014)
2014-10-02	28	Declaration of Gisele Bryant in Support of 25 MOTION for Summary Judgment with Exhibits A & B filed byDepartment of Justice. (Related document(s) 25 ) (Wang, Jennifer) (Filed on 10/2/2014) (Entered: 10/02/2014)
2014-10-02	29	Declaration of Lilibeth D. Margen in Support of 25 MOTION for Summary Judgment with Exhibits A-C filed byDepartment of Justice. (Related document(s) 25 ) (Wang, Jennifer) (Filed on 10/2/2014) (Entered: 10/02/2014)
2014-10-02	30	Declaration of Sandra Mascola in Support of 25 MOTION for Summary Judgment with Exhibits A-C filed byDepartment of Justice. (Related document(s) 25 ) (Wang, Jennifer) (Filed on 10/2/2014) (Entered: 10/02/2014)
2014-10-02	31	Declaration of Christine Salazar in Support of 25 MOTION for Summary Judgment with Exhibits A-C filed byDepartment of Justice. (Related document(s) 25 ) (Wang, Jennifer) (Filed on 10/2/2014) (Entered: 10/02/2014)
2014-10-02	32	Declaration of Andrea Venetian in Support of 25 MOTION for Summary Judgment with Exhibits A & B filed byDepartment of Justice. (Related document(s) 25 ) (Wang, Jennifer) (Filed on 10/2/2014) (Entered: 10/02/2014)
2014-10-20	33	Joint MOTION for Extension of Time to File Opposition and Cross-Motion for Summary Judgment filed by Caitlin Kelly Henry, Jesse Stout. (Stout, Jesse) (Filed on 10/20/2014) (Entered: 10/20/2014)
2014-10-22	34	Order by Magistrate Judge Donna M. Ryu granting 33 Motion for Extension of Time to File AS MODIFIED. Hearing on parties' cross motions for summary judgment continued to 1/22/15 11:00 a.m.(dmrlc1, COURT STAFF) (Filed on 10/22/2014) (Entered: 10/22/2014)
2014-10-22		Set/Reset Deadlines as to 25 MOTION for Summary Judgment . Responses due by 11/6/2014. Replies due by 12/8/2014. Motion Hearing set for 1/22/2015 11:00 AM before Magistrate Judge Donna M. Ryu. (dmrlc1, COURT STAFF) (Filed on 10/22/2014) (Entered: 10/22/2014)
2014-11-06	35	Cross MOTION for Summary Judgment and Opposition to 25 Motion For Summary Judgment filed by Caitlin Kelly Henry, Jesse Stout. Motion Hearing set for 1/22/2015 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Donna M. Ryu. Responses due by 12/8/2014. Replies due by 12/22/2014. (Attachments: # 1 Exhibit Exhibit List, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I, # 11 Exhibit Exhibit J, # 12 Exhibit Exhibit K, # 13 Exhibit Exhibit L, # 14 Exhibit Exhibit M, # 15 Exhibit Exhibit N, # 16 Exhibit Exhibit O, # 17 Exhibit Exhibit P, # 18 Exhibit Exhibit Q, # 19 Exhibit Exhibit R)(Henry, Caitlin) (Filed on 11/6/2014) Modified on 11/7/2014 (vlkS, COURT STAFF). (Entered: 11/06/2014)
2014-11-12	36	See document 37 For Corrected Entry. AMENDED Cross MOTION for Summary Judgment and Opposition filed by Caitlin Kelly Henry, Jesse Stout. Motion Hearing set for 1/22/2015 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Donna M. Ryu. Responses due by 11/6/2014. Replies due by 12/8/2014. (Henry, Caitlin) (Filed on 11/12/2014) Modified on 11/12/2014 (vlkS, COURT STAFF). Modified on 11/14/2014 (vlkS, COURT STAFF). (Entered: 11/12/2014)
2014-11-13	37	ERRATA re 35 Cross MOTION for Summary Judgment and Opposition by Caitlin Kelly Henry, Jesse Stout. (Attachments: # 1 Errata Amended Opposition and Cross Motion For Summary Judgment)(Henry, Caitlin) (Filed on 11/13/2014) (Entered: 11/13/2014)
2014-12-08	38	REPLY (re 35 Cross MOTION for Summary Judgment and Opposition , 25 MOTION for Summary Judgment ) Federal Defendant's Opposition to Plaintiffs' Cross Motion for Summary Judgment and Reply in Support of Federal Defendant's Motion for Summary Judgment filed byDepartment of Justice. (Attachments: # 1 Appendix Attachment 1, # 2 Appendix Attachment 2, # 3 Appendix Attachment 3, # 4 Appendix Attachment 4, # 5 Affidavit Supplemental Declaration of David Hardy, # 6 Affidavit Supplemental Declaration of Tricia Francis, with Exhibit T, # 7 Affidavit Supplemental Declaration of Gisele Bryant, # 8 Affidavit Supplemental Declaration of Lilibeth Margen, # 9 Affidavit Supplemental Declaration of Sandra Mascola, # 10 Affidavit Supplemental Declaration of Christine Salazar, # 11 Affidavit Supplemental Declaration of Andrea Venetian)(Wang, Jennifer) (Filed on 12/8/2014) (Entered: 12/08/2014)
2014-12-08	39	Proposed Order re 25 MOTION for Summary Judgment [Proposed] Order Granting Federal Defendant's Motion for Summary Judgment by Department of Justice. (Wang, Jennifer) (Filed on 12/8/2014) (Entered: 12/08/2014)
2014-12-22	40	REPLY (re 25 MOTION for Summary Judgment ) filed byCaitlin Kelly Henry, Jesse Stout. (Attachments: # 1 Declaration Caitlin Kelly Henry, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E (Cont), # 7 Exhibit E (Cont), # 8 Exhibit E (Cont), # 9 Exhibit E (Cont), # 10 Proposed Order)(Henry, Caitlin) (Filed on 12/22/2014) (Entered: 12/22/2014)
2014-12-23	41	CLERK'S NOTICE: Notice is hereby given to all parties that hearings on Defendant's Motion for Summary Judgment 25 and Plaintiffs' Cross-motion for Summary Judgment 35 PM have been rescheduled to 2/26/2015 11:00 AM before Magistrate Judge Donna M. Ryu. (This is a text only docket entry, there is no document associated with this notice.) (ig, COURT STAFF) (Filed on 12/23/2014) (Entered: 12/23/2014)
2014-12-23		Set/Reset Hearing re 41 Clerk's Notice Continuing Motion Hearing: Motion Hearing set for 2/26/2015 11:00 AM before Magistrate Judge Donna M. Ryu. (ig, COURT STAFF) (Filed on 12/23/2014) (Entered: 12/23/2014)
2015-02-26	43	Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Motion Hearing held on 2/26/2015 re 25 Defendant's Motion for Summary Judgment and 35 Plaintiffs' Cross Motion for Summary Judgment. Both Motions taken under submission. Court's written order to follow. See Minute Order for more particulars.FTR Time 12:04-12:38. Attachment Civil Law and Motion Minute Order.(ig, COURT STAFF) (Date Filed: 2/26/2015) (Entered: 02/27/2015)
2015-02-27	42	TRANSCRIPT ORDER by Jesse Stout for Court Reporter FTR - Oakland. (Stout, Jesse) (Filed on 2/27/2015) (Entered: 02/27/2015)
2015-03-12	44	Transcript of Proceedings of the official sound recording held on 02/26/15, before Magistrate Judge Donna Ryu. FTR/Transcriber Echo Reporting, Inc., Telephone number (858) 453-7590.;echoreporting@yahoo.com. Tape Number: FTR 12:04 - 12:38. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 42 Transcript Order ) Redaction Request due 4/2/2015. Redacted Transcript Deadline set for 4/13/2015. Release of Transcript Restriction set for 6/10/2015. (Related documents(s) 42 ) (tgb, COURT STAFF) (Filed on 3/12/2015) (Entered: 03/12/2015)
2015-03-19	45	TRANSCRIPT ORDER by Department of Justice for Court Reporter FTR - Oakland. (Wang, Jennifer) (Filed on 3/19/2015) (Entered: 03/19/2015)
2015-03-25	46	***AMENDED*** Transcript of Proceedings of the official sound recording held on 02/26/15, before Magistrate Judge Donna Ryu. FTR/Transcriber Echo Reporting, Inc., Telephone number (858) 453-7590.;echoreporting@yahoo.com. Tape Number: FTR. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Redaction Request due 4/15/2015. Redacted Transcript Deadline set for 4/27/2015. Release of Transcript Restriction set for 6/23/2015. (tgb, COURT STAFF) (Filed on 3/25/2015) (Entered: 03/25/2015)
2015-04-13	47	Defendant's Memorandum of Law in Support of Request for in Camera Review of Supplemental Declarations Regarding DIVS filed by Department of Justice. (Attachments: # 1 Declaration Redacted Third Declaration of David M. Hardy, # 2 Declaration Redacted Operational Declaration)(Related document(s) 43 ) (Wang, Jennifer) (Filed on 4/13/2015) Modified on 4/14/2015 (vlkS, COURT STAFF). (Entered: 04/13/2015)
2015-04-13	48	Declaration in Support of 47 Brief Redacted Third Declaration of David M. Hardy, Correction to Docket Entry 47-1 filed by Department of Justice. (Related document(s) 47 ) (Wang, Jennifer) (Filed on 4/13/2015) Modified on 4/14/2015 (vlkS, COURT STAFF). (Entered: 04/13/2015)
2015-04-20	49	MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS REQUEST FOR IN CAMERA REVIEW OF SUPPLEMENTAL DECLARATIONS REGARDING DIVS filed byCaitlin Kelly Henry, Jesse Stout. (Henry, Caitlin) (Filed on 4/20/2015) Modified on 4/21/2015 (vlkS, COURT STAFF). (Entered: 04/20/2015)
2015-09-01	50	ORDER by Magistrate Judge Donna M. Ryu denying 35 Motion for Summary Judgment; granting 25 Motion for Summary Judgment. (dmrlc1, COURT STAFF) (Filed on 9/1/2015) (Entered: 09/01/2015)
2015-09-02	51	JUDGMENT. Signed by Magistrate Judge Donna M. Ryu on 09/02/2015. (dmrlc1, COURT STAFF) (Filed on 9/2/2015) (Entered: 09/02/2015)
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