Case Detail

FOIA Project Annotation: A federal court in West Virginia has ruled that the FBI properly responded to Eric Lapp's request for records concerning procedures for public housing authorities to access the FBI's fingerprint database for purposes of background checks by telling Lapp that it was unable to search for the records requested and had no obligation under FOIA to create records responsive to his request. Lapp, the owner of Fingerprint Solutions, a company specializing in acquiring, storing, and submitted fingerprints to authorized recipients, made a multi-part request to the FBI for records about access to its fingerprint database by Originating Agency Identifiers, a nine-character identifier developed by the FBI and assigned to qualified agencies to access the agency's Criminal Justice Information Services database. The agency told Lapp it had no way to search for the records. Lapp appealed to OIP, which affirmed the FBI's decision, explaining to Lapp that agencies were not required to create records to respond to a FOIA request. Lapp then appealed to OGIS. In response to OGIS's efforts, the FBI disclosed 119 pages to Lapp, which were responsive to two subparts of his request. For the records disclosed, the agency withheld ORIs under Exemption 7(E) (investigative methods or techniques), claiming disclosure would might allow criminals to gain insight into how to access the FBI's fingerprint database. Lapp called the claim ludicrous, but the court agreed with the agency, noting that "the Court discounts Lapp's underestimation of the criminal element and gives deference to the declarations of FBI professionals in area over the bare conclusory assertions of Lapp. Furthermore, the Court is confounded by Lapp's assertion that, just because a criminal actor would have to jump over additional hurdles, the FBI is required to give them a boost over the first hurdle by releasing the ORIs." The court explained the sensitivity of the ORIs, indicating that "the ORIs are compiled to provide authorized users access to criminal databases at the FBI." As to whether the agency was required to compile records in response to other portions of Lapp's request, the court pointed out that "the FBI would be required to 'dig out' the answer to Lapp's questions regarding the channelers used and number of fingerprint submissions from a variety of locations, as well as requiring them to research outside the FBI. Moreover, it would require them to perform calculations relating to the number of fingerprint submissions based on accounting data inside and outside the FBI. This is beyond what the FOIA requires." Lapp also requested attorney's fees, arguing that the FBI's disclosure of the 119 pages occurred on the last day on which the agency was required to respond to his complaint. The court found Lapp had not substantially prevailed and that the FBI's disclosure of the 119 pages occurred as the result of OGIS's involvement and not because of Lapp's suit.
Issues: Request - Specificity

Date Filed	Doc #	Docket Text
2014-09-19	1	COMPLAINT against The Federal Bureau Of Investigation, filed by Eric M Lapp. (Attachments: # 1 Attachment 1 letter dated 3/23/2014, # 2 Attachment 2 letter dated 5/9/2014, # 3 Attachment 3 Appeal, # 4 Attachment 4 receipt of Appeal, # 5 Attachment 5 Plaintiff's appeal denied 3/19/2014, # 6 Attachment 6 emailed dated 6/6/2014, # 7 Attachment 7 document date 6/6/2014, # 8 Attachment 8 emailed 6/11/2014, # 9 Attachment 9 Discovery, # 10 Attachment 10 Letter dated 8/14/2014, # 11 Attachment 11 OGIS response dated 8/20/2014, # 12 Civil Cover Sheet)(jmm) (Entered: 09/19/2014)
2014-09-19	2	Filing fee: $ 400.00, receipt number WVNC001138. (jmm) (Entered: 09/19/2014)
2014-09-24	4	60 day SUMMONS Returned Executed as to The Federal Bureau Of Investigation served on 9/19/2014. (jmm) (Entered: 09/24/2014)
2014-12-08	8	60- Day SUMMONS Returned Executed as to The Federal Bureau Of Investigation served upon US Attorney General on 12/1/2014 by certified mail (Attachments: # 1 Certified Mail Return Receipt)(cc) (Entered: 12/08/2014)
2014-12-08	9	60- Day SUMMONS Returned Executed as to The Federal Bureau Of Investigation served upon U.S. Attorney, NDWV by certified mail, no date of deliver entered. (Attachments: # 1 Certified Mail Return Receipt)(cc) Modified on 12/8/2014 to modify text re date of delivery (cc). (Entered: 12/08/2014)
2014-12-11	10	Federal Defendant's ANSWER to 1 Complaint,, by The Federal Bureau Of Investigation.(Altmeyer, Helen) (Entered: 12/11/2014)
2015-01-08	11	FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 1/21/2015. Rule 26 Meeting Report due by 2/4/2015. Scheduling Conference set for 2/19/2015 03:00 PM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. Discovery due by 2/23/2015. Signed by District Judge Irene M. Keeley on 1/8/2015. (copy to counsel of record via CM/ECF) (nmm) (Entered: 01/08/2015)
2015-01-13	12	MOTION to Stay re 11 FirstOrder,, and Notice Regarding Discovery and Scheduling by The Federal Bureau Of Investigation. (Altmeyer, Helen) (Entered: 01/13/2015)
2015-01-20	13	Plaintiff's RESPONSE to 12 Motion to Stay re 11 First Order and Notice Regarding Discovery and Scheduling filed by Eric M Lapp. (Document faxed to Wheeling Clerk's Office for filing as filer was experiencing technical difficulty) (rjs) (Entered: 01/20/2015)
2015-01-21	14	ORDER GRANTING IN PART DEFENDANTS MOTION TO STAY DISCOVERY AND FOR A CONTINUANCE OF THE FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: The Court grants in part the FBI's 12 Motion to Stay to the extent it seeks a stay of any discovery disclosures. Signed by District Judge Irene M. Keeley on 1/21/15. (jss) (Entered: 01/21/2015)
2015-02-17	15	NOTICE of Appearance by Erin Carter on behalf of The Federal Bureau Of Investigation (Carter, Erin) (Main Document 15 replaced on 2/19/2015 to remove fillable pdf document) (cnd). (Entered: 02/17/2015)
2015-02-18	16	ORDER: The Court RESCHEDULES the Scheduling Conference previously set for 2/19/15 to 3/4/2015 11:00 AM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. Signed by District Judge Irene M. Keeley on 2/18/15. (cnd) (Entered: 02/18/2015)
2015-03-04	17	MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Irene M. Keeley. Scheduling Conference held on 3/4/2015. (Court Reporter Linda Bachman) (dk) (Entered: 03/04/2015)
2015-03-04	18	SUMMARY ORDER; Court ORDERED the defendant to file its declaration on or before March 20, 2015. Status Conference (by telephone) set for 3/26/2015 11:00 AM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley. Signed by District Judge Irene M. Keeley on 3/4/2015. (copy counsel of record)(jmm) (Entered: 03/04/2015)
2015-03-06	19	DOCUMENT WAS CORRUPT - CONTACTED ATTORNEY AND REQUESTED THAT THE DOCUMENT BE REFILED. AFFIDAVIT of David M. Hardy by The Federal Bureau Of Investigation. (Attachments: # 1 Attachment Certificate of Service)(Carter, Erin) . (Main Document 19 replaced on 3/9/2015) (jss). Modified on 3/9/2015 - DOCUMENT WAS CORRUPT ATTORNEY TO REFILE - REGENERATED NEF (jss). (Entered: 03/06/2015)
2015-03-09	20	AFFIDAVIT of David M. Hardy by The Federal Bureau Of Investigation. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Certificate of Service)(Carter, Erin) (Entered: 03/09/2015)
2015-03-09	21	AFFIDAVIT re 19 Affidavit, of David M. Hardy (Corrected) by The Federal Bureau Of Investigation. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Attachment Certificate of Service)(Carter, Erin) (Entered: 03/09/2015)
2015-03-20	22	ORDER: PAPERLESS ORDER (The Status Conference previously set for 3/26/2015 at 11:00 AM has been RESCHEDULED and is now set for 3/27/2015 at 11:00 AM (by telephone). Signed by District Judge Irene M. Keeley on 3/20/2015. (dk) (Entered: 03/20/2015)
2015-03-27	23	MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Irene M. Keeley. Status Conference held on 3/27/2015. (Court Reporter Linda Bachman) (dk) (Entered: 03/27/2015)
2015-03-27	24	SUMMARY ORDER: It is ORDERED that Defendant shall file any additional declarations by 4/24/15; the parties shall file any motions for summary judgment by 5/29/15; the parties shall file any response briefs by 6/19/15; and the parties shall file any reply briefs by 7/3/15. Signed by District Judge Irene M. Keeley on 3/27/15. (cnd) (Entered: 03/27/2015)
2015-03-27		Set Deadlines per 24 Summary Order: Responses due by 6/19/2015, Replies due by 7/3/2015, Motions due by 5/29/2015. (cnd) (Entered: 03/27/2015)
2015-04-24	25	AFFIDAVIT of J. Kevin Grant by The Federal Bureau Of Investigation. (Attachments: # 1 Certificate of Service)(Carter, Erin) (Entered: 04/24/2015)
2015-05-29	26	MOTION for Summary Judgment by The Federal Bureau Of Investigation. (Carter, Erin) (Entered: 05/29/2015)
2015-05-29	27	MEMORANDUM of Law in Support of Its' Motion for Summary Judgment by The Federal Bureau Of Investigation re 26 MOTION for Summary Judgment . (Carter, Erin) (Entered: 05/29/2015)
2015-05-29	28	MOTION for Summary Judgment by Eric M Lapp. (Attachments: # 1 Attachment Letter)(Moye, Danny) (Entered: 05/29/2015)
2015-06-19	29	RESPONSE in Opposition re 28 MOTION for Summary Judgment filed by The Federal Bureau Of Investigation. (Carter, Erin) (Entered: 06/19/2015)
2015-06-19	30	RESPONSE to Motion re 26 MOTION for Summary Judgment filed by Eric M Lapp. (Attachments: # 1 Attachment)(Moye, Danny) (Entered: 06/19/2015)
2015-07-03	31	REPLY to Response to Motion re 26 MOTION for Summary Judgment , 28 MOTION for Summary Judgment filed by Eric M Lapp. (Moye, Danny) (Entered: 07/03/2015)
2015-12-27	32	First MOTION Status Conference by Eric M Lapp. (Moye, Danny) (Entered: 12/27/2015)
2016-02-08	33	ORDER: The Court SCHEDULES a Status Conference for 2/24/2016 04:00 PM in Judge Keeley Chambers before District Judge Irene M. Keeley. Signed by District Judge Irene M. Keeley on 2/8/16. (cnd) (Entered: 02/08/2016)
2016-02-23	34	MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT: It is ORDERED that Defendant's 26 Motion for Summary Judgment is GRANTED; Plaintiff's 28 Motion for Summary Judgment is DENIED; Plaintiff's Complaint as it pertains to information sought in Requests 1 and 2 is DISMISSED AS MOOT; the remainder of Plaintiff's Complaint is DISMISSED WITH PREJUDICE. The Court CANCELS the Status Conference scheduled for 2/24/16. The Clerk is directed to enter a separate judgment order. Signed by District Judge Irene M. Keeley on 2/23/16. (cnd) (Entered: 02/23/2016)
2016-02-23	35	CLERK'S JUDGMENT: It is ORDERED that Defendant's 26 Motion for Summary Judgment is GRANTED; Plaintiff's 28 Motion for Summary Judgment is DENIED; Plaintiff's Complaint as it pertains to information sought in Requests 1 and 2 is DISMISSED AS MOOT; the remainder of Plaintiff's Complaint is DISMISSED WITH PREJUDICE. Signed by Clerk on 2/23/16. (cnd) (Entered: 02/23/2016)
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