Case Detail

FOIA Project Annotation: Noting the novelty of the issue, Judge Amit Mehta has ruled that the Mutual Legal Assistance Treaty between the United States and the Republic of Korea qualifies as an Exemption 3 (other statutes) provision for purposes of FOIA. The case involved a Request for Assistance letter sent by the Korean Ministry of Justice to the U.S. Department of Justice for information about alleged gambling by Sae-Joo Chang, the former head of Dongkuk Steel Mill Company, at several casinos in Las Vegas. Chang was convicted in Korea of habitual gambling and sentenced to 42 months in jail. During his trial, evidence produced as a result of the RFA letter was introduced to support Korea's charges against Chang. The existence of the letter was publicly acknowledged by Korean prosecutors, but the letter itself was never made available to Chang's Korean defense counsel. Attempting to get Chang's sentence reduced, his attorneys made a FOIA request to DOJ for a copy of the RFA letter. After DOJ failed to respond, Chang's attorneys filed a motion for a preliminary injunction to force DOJ to provide the letter, but by the time Mehta ruled, the parties had agreed the only issue was whether the letter should be disclosed under FOIA. Mehta found the treaty qualified under Exemption 3. He noted that "there can be little doubt that the U.S.-Korea MLAT is a self-executing treaty, and that, upon ratification by the Senate, it became binding domestic law and thus equivalent to an act of the legislature. The MLAT therefore qualifies as a 'statute' for purposes of FOIA Exemption 3." Chang's attorneys argued that, according to statistics in the annual FOIA reports, agencies had not invoked Exemption 3 to protect a Request for Assistance letter since 2009. But Mehta observed that "the fact that, since 2009, DOJ has invoked Exemption 3 to withhold only [other sorts of] evidence subject to an MLAT tells the court nothing about whether Congress intended for the U.S.-Korean MLAT to enable DOJ to withhold other information pertaining to the MLAT." Mehta indicated that "the RFA Letter at issue in this case is the very type of 'request' document that the United States must use its 'best efforts' to keep confidential pursuant to Article 5, paragraph 5. The court, therefore, holds that DOJ has properly invoked Exemption 3 to withhold the RFA Letter." Mehta rejected the plaintiffs' contention that the letter had been publicly acknowledged in the Korean courts. He pointed out that "our Court of Appeals has said unequivocally: '[A] foreign government cannot waive a federal agency's right to assert a FOIA exemption.' Thus, the Korean Ministry of Justice's representation to the Korean courts cannot constitute a waiver of DOJ's right to invoke Exemption 3."
Issues: Exemption 3 - Statutory prohibition of disclosure

Date Filed	Doc #	Docket Text
2016-08-04	1	COMPLAINT for Declaratory and Injunctive Relief against DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4627562) filed by DONGKUK INTERNATIONAL, INC., SAE-JOO CHANG. (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 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Civil Cover Sheet, # 15 Summons Attorney General of the United States, # 16 Summons Department of Justice, # 17 Summons US Attorney for the DIstrict of Columbia)(Harris, Rachael) (Entered: 08/04/2016)
2016-08-04	2	Corporate Disclosure Statement by DONGKUK INTERNATIONAL, INC.. (Harris, Rachael) (Entered: 08/04/2016)
2016-08-04	3	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Gabriel Colwell, :Firm- Squire Patton Boggs (US) LLP, :Address- 555 South Flower St, 31st Floor, Los Angeles, CA 90071. Phone No. - 213-689-5126. Fax No. - 213-623-4581 Filing fee $ 100, receipt number 0090-4627639. Fee Status: Fee Paid. by SAE-JOO CHANG, DONGKUK INTERNATIONAL, INC. (Attachments: # 1 Declaration of Gabriel Colwell, # 2 Text of Proposed Order)(Harris, Rachael) (Entered: 08/04/2016)
2016-08-04	4	MOTION for Preliminary Injunction and Memorandum in Support by SAE-JOO CHANG, DONGKUK INTERNATIONAL, INC. (Attachments: # 1 Declaration of Jongchul Jang, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Declaration of Gabriel Colwell, # 7 Exhibit 1, # 8 Exhibit 2, # 9 Exhibit 3, # 10 Exhibit 4, # 11 Exhibit 5, # 12 Exhibit 6, # 13 Exhibit 7, # 14 Exhibit 8, # 15 Exhibit 9, # 16 Exhibit 10, # 17 Exhibit 11, # 18 Exhibit 12, # 19 Exhibit 13, # 20 Text of Proposed Order)(Harris, Rachael) (Entered: 08/04/2016)
2016-08-04		Case Assigned to Judge Amit P. Mehta. (jd) (Entered: 08/04/2016)
2016-08-04	5	SUMMONS (3) Issued Electronically as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Forms)(jd) (Entered: 08/04/2016)
2016-08-04	6	MOTION for Hearing re 4 MOTION for Preliminary Injunction and Memorandum in Support by SAE-JOO CHANG, DONGKUK INTERNATIONAL, INC. (Attachments: # 1 Text of Proposed Order)(Harris, Rachael) (Entered: 08/04/2016)
2016-08-08	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General August 5, 2016. (Harris, Rachael) (Entered: 08/08/2016)
2016-08-08	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 8/5/2016 (Harris, Rachael) (Entered: 08/08/2016)
2016-08-08	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/5/2016. Answer due for ALL FEDERAL DEFENDANTS by 9/4/2016. (Harris, Rachael) (Entered: 08/08/2016)
2016-08-08	10	MOTION for Partial Summary Judgment by SAE-JOO CHANG, DONGKUK INTERNATIONAL, INC. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Harris, Rachael) (Entered: 08/08/2016)
2016-08-08	11	MOTION to Take Judicial Notice Request for Judicial Notice in Support of Motion for Partial Summary Judgment by SAE-JOO CHANG, DONGKUK INTERNATIONAL, INC. (Attachments: # 1 Exhibit A to Request for Judicial Notice, # 2 Exhibit B to Request for Judicial Notice)(Harris, Rachael) (Entered: 08/08/2016)
2016-08-09	12	CERTIFICATE OF SERVICE by SAE-JOO CHANG, DONGKUK INTERNATIONAL, INC. re 11 MOTION to Take Judicial Notice Request for Judicial Notice in Support of Motion for Partial Summary Judgment , 10 MOTION for Partial Summary Judgment . (Attachments: # 1 Exhibit A)(Harris, Rachael) (Entered: 08/09/2016)
2016-08-12	13	Memorandum in opposition to re 4 MOTION for Preliminary Injunction and Memorandum in Support filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of John E. Cunningham III, # 2 Exhibits 1-9 to Cunningham Declaration)(Cohen, Jason) (Entered: 08/12/2016)
2016-08-15		MINUTE ORDER setting the schedule for further proceedings in this matter: (1) Plaintiffs' Reply to Defendant's Opposition to Plaintiffs' Motion for Preliminary Injunction, if any, shall be filed on or before August 17, 2016, at 12:00 p.m., and (2) a motions' hearing is set for August 19, 2016, at 3:00 p.m., in Courtroom 10. In the event counsel or a party is unable to appear on the scheduled date and time due to an unresolvable scheduling conflict, counsel shall meet and confer and provide, via email, two alternative dates and times to the Courtroom Deputy Clerk, Ms. Chashawn White (Chashawn_White@dcd.uscourts.gov), who shall reset the hearing and provide notice to the parties. Signed by Judge Amit P. Mehta on 08/15/2016. (lcapm2) (Entered: 08/15/2016)
2016-08-15		Set/Reset Deadlines/Hearings: Plaintiffs' reply due by 8/17/2016. Motion Hearing set for 8/19/2016 at 3:00 PM in Courtroom 10 before Judge Amit P. Mehta. (cdw) (Entered: 08/15/2016)
2016-08-17	14	REPLY to opposition to motion re 4 MOTION for Preliminary Injunction and Memorandum in Support filed by SAE-JOO CHANG, DONGKUK INTERNATIONAL, INC.. (Harris, Rachael) (Entered: 08/17/2016)
2016-08-18		Set/Reset Deadlines/Hearings: Motion Hearing reset for 8/22/2016 at 2:00 PM in Courtroom 10 before Judge Amit P. Mehta. (cdw) (Entered: 08/18/2016)
2016-08-18	15	NOTICE of Appearance by Joseph Walker on behalf of All Plaintiffs (Walker, Joseph) (Entered: 08/18/2016)
2016-08-18	16	MOTION for Extension of Time to File Response/Reply as to 10 MOTION for Partial Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 08/18/2016)
2016-08-20	17	NOTICE OF SUPPLEMENTAL AUTHORITY by DEPARTMENT OF JUSTICE (Attachments: # 1 Senate Executive Report 104-22)(Cohen, Jason) (Entered: 08/20/2016)
2016-08-22		MINUTE ORDER: At the preliminary injunction hearing scheduled for August 22, 2016, at 2:00 p.m., each party shall be prepared to address whether it agrees to consolidate the injunction hearing with a trial on the merits under FRCP 65(a)(2). Signed by Judge Amit P. Mehta on 8/22/2016. (lcapm3) (Entered: 08/22/2016)
2016-08-22		Minute Entry for proceedings held before Judge Amit P. Mehta: Motion Hearing held on 8/22/2016 re 4 MOTION for Preliminary Injunction and Memorandum in Support. 4 MOTION for Preliminary Injunction and Memorandum in Support, HEARD and TAKEN UNDER ADVISEMENT. The Court ORDERED that the parties file a joint status report on or before 8/23/2016. (Court Reporter Patricia Kaneshiro) (ad) (Entered: 08/22/2016)
2016-08-23	18	Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Cohen, Jason) (Entered: 08/23/2016)
2016-08-23		MINUTE ORDER: In light of 18 the parties' Joint Status Report, the parties shall submit a subsequent Joint Status Report on or before the close of business on August 25, 2016, updating the court on the status of settlement negotiations. Signed by Judge Amit P. Mehta on 08/23/2016. (lcapm3) (Entered: 08/23/2016)
2016-08-25	19	Joint STATUS REPORT by SAE-JOO CHANG, DONGKUK INTERNATIONAL, INC.. (Harris, Rachael) (Entered: 08/25/2016)
2016-08-25	20	NOTICE Request for Consideration of Supplemental Authority by SAE-JOO CHANG, DONGKUK INTERNATIONAL, INC. re 4 MOTION for Preliminary Injunction and Memorandum in Support (Harris, Rachael) (Entered: 08/25/2016)
2016-08-31	21	MEMORANDUM AND OPINION regarding 4 Plaintiffs' Motion for a Preliminary Injunction and 10 Plaintiffs' Motion for Partial Summary Judgment. Signed by Judge Amit P. Mehta on 08/31/2016. (lcapm3) (Entered: 08/31/2016)
2016-08-31	22	ORDER denying 4 Plaintiffs' Motion for a Preliminary Injunction and 10 Plaintiffs' Motion for Partial Summary Judgment. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 08/31/2016. (lcapm3) (Entered: 08/31/2016)
2016-09-09	23	NOTICE OF APPEAL TO DC CIRCUIT COURT as to 22 Order, 21 Memorandum & Opinion by SAE-JOO CHANG, DONGKUK INTERNATIONAL, INC.. Filing fee $ 505, receipt number 0090-4668562. Fee Status: Fee Paid. Parties have been notified. (Harris, Rachael) (Entered: 09/09/2016)
2016-09-12	24	Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 23 Notice of Appeal to DC Circuit Court. (zrdj) (Entered: 09/12/2016)
2016-09-20		USCA Case Number 16-5262 for 23 Notice of Appeal to DC Circuit Court, filed by SAE-JOO CHANG, DONGKUK INTERNATIONAL, INC.. (zrdj) (Entered: 09/20/2016)
2016-10-04	25	TRANSCRIPT OF PROCEEDINGS before Judge Amit P. Mehta held on August 13, 2016; Page Numbers: 1-33. Date of Issuance:October 4, 2016. Court Reporter/Transcriber Pat Kaneshiro-Miller, Telephone number 202-354-3243, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter r eferenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 10/25/2016. Redacted Transcript Deadline set for 11/4/2016. Release of Transcript Restriction set for 1/2/2017.(pk) (Entered: 10/04/2016)
2016-11-08	26	ORDER of USCA ORDERED that the Clerk note on the docket that this case is dismissed as to 23 Notice of Appeal to DC Circuit Court, filed by SAE-JOO CHANG, DONGKUK INTERNATIONAL, INC. USCA Case Number 16-5262. (zrdj) (Entered: 11/10/2016)
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