Case Detail

FOIA Project Annotation: A federal court in South Dakota has ruled that the Executive Office for U.S. Attorneys properly responded two four FOIA requests from Edward Picardi, who was convicted in 2012 of tax fraud, for records concerning his conviction. After substantial back and forth concerning Picardi's willingness to pay fees, he paid the estimated $4,497.90 in fees and the agency began processing his request. The agency reviewed over 90,000 pages of potentially responsive records and disclosed 7,555 pages in full or in part to Picardi. Picardi argued that the agency had failed to conduct an adequate search. Picardi had indicated that he wanted four categories of records â€" (1) surveillance, (2) final discovery CD used for trial expected to reveal the level of incompetence of the defense attorney who falsely claimed experience in tax law. (3) contacts with his neighbors, the Zimmionds; and (4) information involving AUSA Mara Kohn. The agency searched for records associated with the trial exhibits and discovery, using search words that referenced "surveillance," "the Zimmionds," and "Mara Kohn." The search yielded 322 government trial exhibits but did not find any references to "surveillance," "the Zimmionds," or "Mara Kohn." Chief Judge Roberto Lange began by noting that "the FOIA inquiry was extensive." He pointed out that the agency had conducted multiple searches using Picardi's suggested search terms and found nothing. He concluded that "based on these declarations that detail the USAO and the EOUSA's extensive efforts to locate and produce information related to Picardi's FOIA requests, this Court finds their search reasonable." The agency withheld records under Exemption 3 (other statutes), Exemption 6 (invasion of privacy), and Exemption 7(C) (invasion of privacy concerning law enforcement records). Lange approved all the withholdings. The agency had cited Rule 6(e) on grand jury secrecy to withhold records from the grand jury that heard the charges against Picardi. Picardi argued that his own testimony before the grand jury should be disclosed. The agency provided an affidavit from the court reporter explaining that she did not transcribe Picardi's testimony. Lange observed that "therefore, even if the exemption did not apply, Defendants have met their burden of proving the record is 'unidentifiable,' and thus have discharged their duty under the FOIA." As to the privacy exemptions, Lange noted that "Defendants have stated, via sworn statement, that no records exist in relation to the impropriety alleged in the investigation by Picardi regarding the Zimmionds or Kohn. Therefore, Picardi has not established an entitlement to any additional information contained within the Vaughn index."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2018-08-13	1	COMPLAINT filed by Edward J.S. Picardi. (Attachments: # 1 Affidavit of Edward J.S. Picardi, MD) (SAC) (Entered: 08/13/2018)
2018-08-13	2	CIVIL COVER SHEET. (SAC) (Entered: 08/13/2018)
2018-08-13	3	Filing Fee Received from Edward J.S. Picardi. Fee Amount: $400.00, Receipt No.: #SDX300003008. (SAC) (Entered: 08/13/2018)
2018-08-13	4	MOTION to Electronically File Documents. Pro se party Edward J.S. Picardi will now receive electronic notice of unsealed documents filed in this case, but must wait for a Court ruling regarding e-filing. Refer to the CM/ECF User Manual located on the court website at www.sdd.uscourts.gov for information about accessing documents. (SAC) (Entered: 08/13/2018)
2018-08-20	6	RETURN OF SERVICE Executed upon Defendants U.S. Attorney's Offices, Pierre, U.S. Attorney's Offices, Rapid City, U.S. Attorney's Offices, Sioux Falls. (Attachments: # 1 cover letter dated 8-14-18, # 2 Envelope postmarked 8-16-18)(JLS) (Entered: 08/21/2018)
2018-08-21	5	ORDER granting 4 Motion to Electronically File Documents in CM/ECF. The Clerks Office shall arrange to train the pro se filer on how to e-file documents and issue the pro se filer a CM/ECF login and password after the training is completed. The ability of the pro se filer to e-file documents may be revoked anytime the Court deems it justified. Signed by U.S. District Judge Roberto A. Lange on 8/21/18. (SKK) (Entered: 08/21/2018)
2018-12-27	7	FILED IN ERROR: First MOTION for SUMMARY JUDGMENT by Edward J.S. Picardi, MD. (Attachments: # 1 Exhibits) (Picardi, Edward) Modified text on 12/28/2018 (SST). (Entered: 12/27/2018)
2018-12-28		NOTICE of Filing Error: 7 Motion for Summary Judgment was filed in error and should be disregarded. (Picardi, Edward) (Entered: 12/28/2018)
2018-12-28	8	MOTION for SUMMARY JUDGMENT by Edward J.S. Picardi, MD. (Attachments: # 1 Redacted Exhibits) (Picardi, Edward) Modified text on 12/28/2018 (SST). (Entered: 12/28/2018)
2018-12-31	9	ORDER giving Notice of Fed. R. Civ. P. 4(m). Service of summons and complaint must be made by 1/18/19 or this case will be dismissed. Signed by U.S. District Judge Roberto A. Lange on 12/31/18. (JLS) (Entered: 12/31/2018)
2019-01-02	10	CERTIFICATE OF SERVICE by Edward J.S. Picardi, MD . (Picardi, Edward) (Entered: 01/02/2019)
2019-01-02	11	Summons Issued as to USA. 2 original summons delivered via hand-delivery to plaintiff. A0 85 and Rule 73 memo previously delivered to plaintiff via hand-delivery. (SST) (Entered: 01/02/2019)
2019-02-07	12	NOTICE of Appearance by SaraBeth Donovan on behalf of All Defendants. (Donovan, SaraBeth) (Entered: 02/07/2019)
2019-02-07	13	MOTION for Extension of Time to File Answer re 1 Complaint by U.S. Attorney's Offices, Pierre, U.S. Attorney's Offices, Rapid City, U.S. Attorney's Offices, Sioux Falls. (Donovan, SaraBeth) (Entered: 02/07/2019)
2019-02-12	14	ORDER granting 13 Motion for Extension of Time to Answer as to all Defendants. Signed by U.S. District Judge Roberto A. Lange on 02/12/2019. (LH) (Entered: 02/12/2019)
2019-03-06	15	Second MOTION for Extension of Time to File Answer re 1 Complaint by U.S. Attorney's Offices, Pierre, U.S. Attorney's Offices, Rapid City, U.S. Attorney's Offices, Sioux Falls. (Donovan, SaraBeth) (Entered: 03/06/2019)
2019-03-15	16	ORDER granting 15 Motion for Extension of Time to Answer as to all Defendants. Answer due March 15, 2019. Signed by U.S. District Judge Roberto A. Lange on 03/15/2019. (LH) (Entered: 03/15/2019)
2019-03-15	17	ANSWER to 1 Complaint by U.S. Attorney's Offices, Pierre, U.S. Attorney's Offices, Rapid City, U.S. Attorney's Offices, Sioux Falls. (Donovan, SaraBeth) (Entered: 03/15/2019)
2019-03-17	18	RESPONSE to 17 Answer to Complaint filed by Edward J.S. Picardi, MD. (Picardi, Edward) (Entered: 03/17/2019)
2019-04-18	19	ORDER FOR RESPONSE TO MOTION FOR SUMMARY JUDGMENT. Signed by U.S. District Judge Roberto A. Lange on 04/18/2019. (LH) (Entered: 04/18/2019)
2019-04-23	20	MOTION to Extend Deadline by Edward J.S. Picardi, MD. E-filed for Dr. Picardi per chambers. (SST) (Entered: 04/24/2019)
2019-04-30	21	ORDER granting 20 Motion to Extend Deadlines. Signed by U.S. District Judge Roberto A. Lange on 04/30/2019. (LH) (Entered: 04/30/2019)
2019-05-31	22	RETURN OF SERVICE. (Attachments: # 1 Attachment Subpoena for Documents)(Picardi, Edward) Modified on 6/4/2019 (SLT). (Entered: 05/31/2019)
2019-06-03	23	STATEMENT OF Undisputed MATERIAL FACTS re 8 Motion for Summary Judgment filed by Edward J.S. Picardi, MD. (Attachments: # 1 Exhibit ) (Picardi, Edward) Modified on 6/4/2019 (SLT). (Entered: 06/03/2019)
2019-06-24	24	MOTION to Extend Deadlines by U.S. Attorney's Offices, Pierre, U.S. Attorney's Offices, Rapid City, U.S. Attorney's Offices, Sioux Falls. (Donovan, SaraBeth) (Entered: 06/24/2019)
2019-06-28	25	MOTION for SUMMARY JUDGMENT by U.S. Attorney's Offices, Pierre. (Donovan, SaraBeth) (Entered: 06/28/2019)
2019-06-28	26	MEMORANDUM in Support re 25 MOTION for SUMMARY JUDGMENT filed by U.S. Attorney's Offices, Pierre. (Donovan, SaraBeth) (Entered: 06/28/2019)
2019-06-28	27	STATEMENT OF UNDISPUTED MATERIAL FACTS re 25 Motion for Summary Judgment filed by U.S. Attorney's Offices, Pierre. (Donovan, SaraBeth) (Entered: 06/28/2019)
2019-06-28	28	DECLARATION of SaraBeth Donovan re 25 Motion for Summary Judgment . (Attachments: # 1 Exhibit 1-10-cr-50092 Docket, # 2 Exhibit 2 - 10-cr-50092 Doc. 198, # 3 Exhibit 3 - 10-cr-50092 Doc. 45, # 4 Exhibit 4 - Standing Order 19-03, # 5 Exhibit 5 - 10-cr-50092 Doc. 265, # 6 Exhibit 6 - 8C 13-2041 Docket, # 7 Exhibit 7 - 13-cv-05035 Docket, # 8 Exhibit 8 - 15-cv-05050 Docket, # 9 Exhibit 9 - 8C 18-3234 Docket, # 10 Exhibit 10 - IPro screen shot) (Donovan, SaraBeth) (Entered: 06/28/2019)
2019-06-28	29	DECLARATION of Justin Wilkinson re 25 Motion for Summary Judgment . (Attachments: # 1 Exhibit A - P's Req 02.19.14, # 2 Exhibit B - EOUSA Ltr 04.02.14, # 3 Exhibit C - P Req 04.20.14, # 4 Exhibit D - EOUSA Ltr 05.16.14, # 5 Exhibit E - OIP Ltr 07.25.14, # 6 Exhibit F - OIP Ltr 08.14.14, # 7 Exhibit G - P Req 05.09.14, # 8 Exhibit H - EOUSA Ltr 05.12.14, # 9 Exhibit I - P Req 06.10.14, # 10 Exhibit J - EOUSA Ltr 06.25.14, # 11 Exhibit K - OIP Ltr 08.27.14, # 12 Exhibit L - OIP Ltr 09.19.14, # 13 Exhibit M - EOUSA Ltr 10.27.14, # 14 Exhibit N - P Req 11.12.14, # 15 Exhibit O - OGIS Ltr 05.28.15, # 16 Exhibit P - EOUSA Ltr 09.25.15, # 17 Exhibit Q - OIP Ltr 10.21.15, # 18 Exhibit R - EOUSA Ltr 04.20.17, # 19 Exhibit S - Env 05.12.17, # 20 Exhibit T - OIP Ltr 03.09.18, # 21 Exhibit U - OIP Ltr 09.13.19, # 22 Exhibit V - P Req 07.30.14, # 23 Exhibit W - EOUSA Ltr 08.15.14, # 24 Exhibit X - EOUSA Ltr 03.15.16, # 25 Exhibit Y - EOUSA Ltr 09.06.18, # 26 Exhibit Z - P Ltr 09.22.18, # 27 Exhibit AA - EOUSA Ltr 06.26.19) (Donovan, SaraBeth) (Entered: 06/28/2019)
2019-06-28	30	DEFENDANTS RESPONSE TO PLAINTIFF'S STATEMENT OF Disputed MATERIAL FACTS re 8 Motion for Summary Judgment filed by All Defendants. (Donovan, SaraBeth) Modified on 7/1/2019 (SLT). (Entered: 06/28/2019)
2019-06-29	31	ORDER granting 24 Motion to Extend Defendant's Filing Deadline. Signed by U.S. District Judge Roberto A. Lange on 6/29/19. (Lange, Roberto) (Entered: 06/29/2019)
2019-07-10	32	RESPONSE to 25 Motion filed by Edward J.S. Picardi, MD. (Attachments: # 1 Exhibit ALL DOCUMENT submission Payment to EUOSA) (Picardi, Edward) Modified link on 7/25/2019 (DJP). (Entered: 07/10/2019)
2019-07-24	33	REPLY to Motion Response re: 25 Motion for Summary Judgment filed by All Defendants. (Donovan, SaraBeth) Modified links on 7/25/2019 (DJP). (Entered: 07/24/2019)
2019-07-24	34	Supplemental DECLARATION of Justin Wilkinson re 25 Motion for Summary Judgment . (Donovan, SaraBeth) Modified on 7/25/2019 (DJP). (Entered: 07/24/2019)
2019-07-30	35	STATUS REPORT by U.S. Attorney's Offices, Pierre, U.S. Attorney's Offices, Rapid City, U.S. Attorney's Offices, Sioux Falls (Donovan, SaraBeth) (Entered: 07/30/2019)
2019-08-13	36	Memorandum in Opposition re: 25 MOTION for SUMMARY JUDGMENT filed by Edward J.S. Picardi, MD. (Attachments: # 1 Exhibit Certified mailing receipt, # 2 Exhibit Trial transcript re Zimmiond, # 3 Exhibit Hearing transcript re Zimmiond, # 4 Exhibit Trial Transcript re Kohn) (Picardi, Edward) Modified on 8/14/2019 (DJP). (Entered: 08/13/2019)
2019-09-30	37	ORDER denying 8 & 25 Motions for Summary Judgment. Signed by U.S. District Judge Roberto A. Lange on 09/30/2019. (KLE) (Entered: 09/30/2019)
2019-12-28	38	First MOTION to Unseal Document Grand Jury Transcripts by Edward J.S. Picardi, MD. (Attachments: # 1 Exhibit Donation List) (Picardi, Edward) (Entered: 12/28/2019)
2020-01-17	39	MOTION to Seal Document by U.S. Attorney's Offices, Pierre, U.S. Attorney's Offices, Rapid City, U.S. Attorney's Offices, Sioux Falls. (Attachments: # 1 Defendant's Petition for Disclosure of Grand Jury Material, # 2 Proposed Order Granting Disclosure of Grand Jury Material, # 3 Defendant's Memorandum Brief in Support of Petition for Disclosure of Grand Jury Material) (KLE) (Entered: 01/17/2020)
2020-01-17	40	MOTION to Extend re 38 First MOTION to Unseal Document Grand Jury Transcripts by U.S. Attorney's Offices, Pierre, U.S. Attorney's Offices, Rapid City, U.S. Attorney's Offices, Sioux Falls. (Donovan, SaraBeth) (Entered: 01/17/2020)
2020-02-12	41	ORDER on Pending Motions Concerning Grand Jury Material denying 38 Motion to Unseal Document ; granting 39 Motion to Seal Document; denying as moot 40 Motion for Extension of Time to Respond. Signed by Chief Judge Roberto A. Lange on 02/12/2020. (KLE) (Entered: 02/12/2020)
2020-02-12	42	SEALED Petition for Disclosure of Grand Jury Material Pursuant to Fed. R. Crim. P. 6(e). (KLE) (Entered: 02/12/2020)
2020-02-12	43	SEALED Memorandum Brief in Support of Petition for Disclosure of Grand Jury Material 42 . (KLE) (Entered: 02/12/2020)
2020-04-30	44	Notice of Withdrawal and Substitution of Attorney as to U.S. Attorney's Offices, Pierre, U.S. Attorney's Offices, Rapid City, U.S. Attorney's Offices, Sioux Falls. Attorney Alison J. Ramsdell added. Attorney SaraBeth Donovan terminated. (Ramsdell, Alison) (Entered: 04/30/2020)
2020-08-12	45	NOTICE of Appearance by Stephanie C. Bengford on behalf of All Defendants. (Bengford, Stephanie) (Entered: 08/12/2020)
2021-06-08	46	ORDER CONCERNING POSSIBLE DISMISSAL WITHOUT PREJUDICE. Signed by Chief Judge Roberto A. Lange on 06/08/2021. (LH) (Entered: 06/08/2021)
2021-06-10	47	MOTION TO COMPEL/REQUEST for Not to Dismiss/REQUEST to Correct Error in Record by Plaintiff Edward J.S. Picardi, MD re 46 Order (Picardi, Edward) Modified to change event type to Motion on 6/11/2021 (DJP). (Entered: 06/10/2021)
2021-06-29	48	STATUS REPORT by U.S. Attorney's Offices, Pierre, U.S. Attorney's Offices, Rapid City, U.S. Attorney's Offices, Sioux Falls (Ramsdell, Alison) (Entered: 06/29/2021)
2021-06-29	49	DECLARATION of Justin P. Wilkinson re 48 Status Report (Second Supplemental) . (Attachments: # 1 Exhibit A-EOUSA's First Interim Response, # 2 Exhibit B-EOUSA's Second Interim Response, # 3 Exhibit C-EOUSA's Third Interim Response, # 4 Exhibit D-EOUSA's Fourth Interim Response, # 5 Exhibit E-EOUSA's Fifth Interim Response, # 6 Exhibit F-EOUSA's Sixth Interim Response, # 7 Exhibit G-EOUSA's Seventh Interim Response, # 8 Exhibit H-EOUSA's Eighth Interim Response, # 9 Exhibit I-EOUSA's Ninth Interim Response, # 10 Exhibit J-EOUSA's Tenth Interim Response) (Ramsdell, Alison) (Entered: 06/29/2021)
2021-09-01	50	ORDER granting in part and denying in part 47 Plaintiff's Motions Signed by Chief Judge Roberto A. Lange on September 1, 2021. (DLC) (Entered: 09/01/2021)
2021-09-15	51	REQUEST for Not to Dismiss;Court Order Requesting Compliance with FOIA Request by Plaintiff Edward J.S. Picardi, MD re 50 Order on Motion to Compel (Attachments: # 1 Exhibit A - Surveillance, # 2 Exhibit B - Surveillance, # 3 Exhibit C - Surveillance, # 4 Exhibit D - Surveillance, # 5 Exhibit E - Surveillance, # 6 Exhibit F - Surveillance, # 7 Exhibit G - Surveillance, # 8 Exhibit H - Surveillance, # 9 Exhibit I - Surveillance) (Picardi, Edward) (Entered: 09/15/2021)
2021-09-22	52	Second MOTION for SUMMARY JUDGMENT by U.S. Attorney's Offices, Pierre, U.S. Attorney's Offices, Rapid City, U.S. Attorney's Offices, Sioux Falls. (Ramsdell, Alison) (Entered: 09/22/2021)
2021-09-22	53	MEMORANDUM in Support re 52 Second MOTION for SUMMARY JUDGMENT filed by All Defendants. (Ramsdell, Alison) (Entered: 09/22/2021)
2021-09-22	54	STATEMENT OF UNDISPUTED MATERIAL FACTS re 52 Motion for Summary Judgment filed by All Defendants. (Ramsdell, Alison) (Entered: 09/22/2021)
2021-09-22	55	DECLARATION of Justin P. Wilkinson re 52 Second MOTION for SUMMARY JUDGMENT . (Attachments: # 1 Exhibit A-Vaughn Index, # 2 Exhibit B-EOUSA's Eleventh Interim Response, # 3 Exhibit C-EOUSA's Twelfth Interim Response) (Ramsdell, Alison) (Entered: 09/22/2021)
2021-09-22	56	DECLARATION of SaraBeth Donovan re 52 Second MOTION for SUMMARY JUDGMENT . (Attachments: # 1 Exhibit A-Picardi's Email re Exclusionary Terms) (Ramsdell, Alison) (Entered: 09/22/2021)
2021-09-22	57	DECLARATION of Debbie Gilman re 52 Second MOTION for SUMMARY JUDGMENT . (Ramsdell, Alison) (Entered: 09/22/2021)
2021-09-22	58	DECLARATION of Jean Marie Carlson re 52 Second MOTION for SUMMARY JUDGMENT . (Ramsdell, Alison) (Entered: 09/22/2021)
2021-12-16	59	OPINION AND ORDER granting 52 Motion for Summary Judgment. Signed by Chief Judge Roberto A. Lange on 12/16/21. (SKK) (Entered: 12/16/2021)
2021-12-16	60	SUMMARY JUDGMENT in favor of U.S. Attorney's Offices, Pierre, U.S. Attorney's Offices, Rapid City, U.S. Attorney's Offices, Sioux Falls against Edward J.S. Picardi, MD. Signed by Chief Judge Roberto A. Lange on 12/16/21. (SKK) (Entered: 12/16/2021)
Hide Docket Events