Case Detail

FOIA Project Annotation: A federal court in Maryland has ruled that the Social Security Administration conducted an adequate search for a list of attorneys and non-attorneys eligible to represent claimants in social security disability claims and then properly redacted personal information under Exemption 6 (invasion of privacy). Based on the parameters of Ed Goldner's request, the agency searched its Modernized Claims System database. That database search yielded 1,221 pages, but because the database could not differentiate whether contact information related to businesses or individuals, it redacted emails and phone numbers. Goldner challenged the adequacy of the search because the agency had indicated that there were other databases. But the court pointed out that "the reason that Defendant was unable to provide this information was not because it did not find it, but rather because it believed that information was exempt from FOIA." The court also rejected Goldner's claim that the information was not protected by Exemption 6 because he was only requesting business information. The court explained that "Defendant nowhere argues that business information is personal and should not be disclosed. Rather, it argues that, after conducting a reasonable search, it was unable to parse certain fields to determine if they contained business or personal information, and the default assumption that these fields contained personal information." Goldner contended that representatives fill out forms that distinguish between business and personal information. The court pointed out that "Defendant has put forth non-conclusory declarations that explain why, even though the forms may have such fields, the database that Defendant chose to search (based on Plaintiff's request) cannot distinguish that information. To the extent that Plaintiff believes there is a better way to search for this data, he is free to submit further FOIA requests. That belief, however, goes to the reasonableness of the search, and does not address the question of whether the information Defendant withheld was properly considered exempt from FOIA."
Issues: Search - Reasonableness of search, Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2017-05-05	1	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0416-6647951.), filed by Ed Goldner. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Awkward, George) (Entered: 05/05/2017)
2017-05-08	2	QC NOTICE: 1 Complaint filed by Ed Goldner. **The following attachments or exhibits are missing - Summons for the Attorney General and U.S. Attorney for Maryland. To correct this problem, file Summons using the event Notice (Other) and link Summons to 1 Complaint. (jnls, Deputy Clerk) (Entered: 05/08/2017)
2017-05-08	3	NOTICE by Ed Goldner re 1 Complaint Summons to (Awkward, George) (Entered: 05/08/2017)
2017-05-08	4	NOTICE by Ed Goldner Summons (Awkward, George) (Entered: 05/08/2017)
2017-05-08	5	Summons Issued 60 days as to Social Security Administration, U.S. Attorney and U.S. Attorney General(jnls, Deputy Clerk) (Entered: 05/08/2017)
2017-05-18	6	MOTION to Appear Pro Hac Vice for Vincent O. Chadick (Filing fee $100, receipt number 0416-6671656.) by Ed Goldner(Awkward, George) (Entered: 05/18/2017)
2017-05-22	7	PAPERLESS ORDER granting 6 Motion to Appear Pro Hac Vice on behalf of Vincent O Chadick. Directing attorney Vincent O Chadick to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/22/2017. (srd, Deputy Clerk) (Entered: 05/22/2017)
2017-08-08	8	ORDER directing plaintiff shall show cause within 14 days of this order why the case should not be dismissed for failure to prosecute. Signed by Judge James K. Bredar on 8/8/2017. (jnls, Deputy Clerk) (Entered: 08/08/2017)
2017-08-09	9	Consent MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by Social Security Administration.(Marquardt, Sarah) (Entered: 08/09/2017)
2017-08-11	10	PAPERLESS ORDER granting 9 Consent MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint . Answer due 10/10/17. Signed by Judge James K. Bredar on 8/11/2017. (vdcs, Chambers) (Entered: 08/11/2017)
2017-08-22	11	RESPONSE re 8 Order to Show Cause filed by Ed Goldner. (Attachments: # 1 Exhibit Letter of Service)(Chadick, Vincent) (Entered: 08/22/2017)
2017-08-30	12	ORDER directing plaintiff shall file his motion to cure service on or before 9/8/2017. Signed by Judge James K. Bredar on 8/30/2017. (jnls, Deputy Clerk) (Entered: 08/30/2017)
2017-09-08	13	MOTION for Extension of Time to Cure Service by Ed Goldner (Attachments: # 1 Exhibit Letter of July 6, 2017, # 2 Exhibit Return Receipt of Letter of July 6, 2017)(Chadick, Vincent) (Entered: 09/08/2017)
2017-09-08	14	Supplemental to 13 MOTION for Extension of Time to Cure Service filed by Ed Goldner (Memorandum in Support of Motion) (Chadick, Vincent) (Entered: 09/08/2017)
2017-09-11	15	PAPERLESS ORDER granting 13 Motion for Extension of Time. Plaintiff shall complete service on Attorney General of the United States by 9/22/17. Signed by Judge James K. Bredar on 9/11/2017. (vdcs, Chambers) (Entered: 09/11/2017)
2017-09-22	16	FILED IN ERROR - AFFIDAVIT of Service for Complaint and Summons served on Social Security Administration (and United States, through US Attorney in Judicial District and US Attorney General) on 09/12/2017, filed by Ed Goldner. (Attachments: # 1 Exhibit Letter of Service, # 2 Exhibit Return Receipt, # 3 Exhibit Letter of Service)(Chadick, Vincent) Modified on 9/25/2017 (jnls, Deputy Clerk). (Entered: 09/22/2017)
2017-09-25	17	QC NOTICE: 16 Affidavit of Service, filed by Ed Goldner was filed incorrectly. **Please re-file documents by selecting Service of Process > Summons Returned Executed as to USA. It has been noted as FILED IN ERROR, and the document link has been disabled. (jnls, Deputy Clerk) (Entered: 09/25/2017)
2017-09-26	18	SUMMONS Returned Executed by Ed Goldner. All Defendants. (Attachments: # 1 Exhibit Letter of Service, # 2 Exhibit Return Receipt, # 3 Exhibit Letter of Service)(Chadick, Vincent) (Entered: 09/26/2017)
2017-10-10	19	MOTION for Summary Judgment by Social Security Administration (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10)(Marquardt, Sarah) (Entered: 10/10/2017)
2017-10-24	20	RESPONSE to Motion re 19 MOTION for Summary Judgment filed by Ed Goldner. (Attachments: # 1 Exhibit Form SSA-1695, # 2 Exhibit Form SSA-1696, # 3 Exhibit Form SSA-1699, # 4 Exhibit FOIA Request of Sept. 8, 2015)(Chadick, Vincent) (Entered: 10/24/2017)
2017-10-24	21	RESPONSE re 19 MOTION for Summary Judgment (Response to Movant's Statement of Facts in Motion for Summary Judgment) filed by Ed Goldner. (Attachments: # 1 Exhibit Form SSA-1695, # 2 Exhibit Form SSA-1696, # 3 Exhibit Form SSA-1699)(Chadick, Vincent) (Entered: 10/24/2017)
2017-11-07	22	Consent MOTION for Extension of Time to File Response/Reply to Plaintiff's Response to Defendant's Motion for Summary Judgment by Social Security Administration.(Marquardt, Sarah) (Entered: 11/07/2017)
2017-11-08	23	PAPERLESS ORDER granting 22 Consent MOTION for Extension of Time to File Response/Reply to Plaintiff's Response to Defendant's Motion for Summary Judgment . Defendant's reply is due 11/30/17. Signed by Chief Judge James K. Bredar on 11/8/2017. (vdcs, Chambers) (Entered: 11/08/2017)
2017-11-30	24	REPLY to Response to Motion re 19 MOTION for Summary Judgment filed by Social Security Administration. (Attachments: # 1 Exhibit 1)(Marquardt, Sarah) (Entered: 11/30/2017)
2017-12-14	25	MEMORANDUM. Signed by Chief Judge James K. Bredar on 12/13/2017. (jnls, Deputy Clerk) (Entered: 12/14/2017)
2017-12-14	26	ORDER granting 19 Motion of defendant for Summary Judgment; Judgment is ENTERED for Defendant. Signed by Chief Judge James K. Bredar on 12/13/2017. (jnls, Deputy Clerk) (Entered: 12/14/2017)
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