Case Detail

FOIA Project Annotation: Judge Tanya Chutkan has ruled that the Bureau of Alcohol, Tobacco and Firearms properly withheld an audio recording made by a victim of the Station nightclub fire in West Warwick, Rhode Island, in which 100 people perished while attending a concert by the band Great White. One victim of the fire was carrying a personal recording device with him and the device inadvertently recorded the moments surrounding the tragedy. The recording was damaged in the fire but the ATF was able to restore the recording through the work of their digital forensics professionals. The restored recording played a significant role in the investigation of the fire. The recording is approximately 30 minutes long and can be divided into three parts. The first part captured the opening moments of the concert. The second portion starts with someone yelling "Fire!, which is followed by the sounds of panic, chaos, and eventually human suffering, including the owner's last moments and his attempt to stay alive. The third section starts around 22 minutes into the recording and no human sounds can be heard. Ken McWatters submitted a FOIA request for the recording. The agency withheld the entire recording under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). The agency also concluded that there were no segregable portions of the recording. McWatters submitted an affidavit from an audio engineer positing that it would be impossible to identify individual voices on the tape. Chutkan found that "ATF has met the standard of a 'mere possibility' [of harm from disclosure]; it has identified some specific voices on the recordings, and the identities of those who perished in the fire are known. The court is unaware of any authority requiring ATF to individually identify each victim from their last moments, the court does not find that ATF was required to undergo such an analysis." As to the public interest in disclosure, McWatters argued disclosure would raise awareness of how to prevent future fire-related catastrophes. Chutkan rejected the claim, noting that "but it is unclear how the recording will assist in advancing the public interest related to ATF's performance of its duties." Chutkan agreed with McWatters that while the agency had addressed the issue of segregability it did not address whether the last 8 minutes that contained no voices could be disclosed. She ordered ATF to "provide additional information as to segregability and whether the final 8 minutes of the recording might also be exempt, and to file a renewed motion for summary judgment."
Issues: Litigation - Segregability analysis, Adequacy - Search

Date Filed	Doc #	Docket Text
2020-04-27	1	COMPLAINT against ATF ( Filing fee $ 400 receipt number ADCDC-7063060) filed by JEFF MCWATTERS. (Attachments: # 1 Civil Cover Sheet)(Stotter, Daniel) (Entered: 04/27/2020)
2020-04-27	2	NOTICE of Errata by JEFF MCWATTERS (Attachments: # 1 Civil Cover Sheet, # 2 Summons summons x 3)(Stotter, Daniel) (Entered: 04/27/2020)
2020-04-28		Case Assigned to Judge Tanya S. Chutkan. (zsb) (Entered: 04/28/2020)
2020-04-28		SUMMONS Not Issued as to BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES.....INCORRECT SUMMONS FILED. (zsb) (Entered: 04/28/2020)
2020-04-28	3	REQUEST FOR SUMMONS TO ISSUE (corrected) filed by KEN MCWATTERS.(Stotter, Daniel) (Entered: 04/28/2020)
2020-04-29	4	SUMMONS (3) Issued Electronically as to BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, U.S. Attorney and U.S. Attorney General (ztd) (Entered: 04/29/2020)
2020-05-28	5	Consent MOTION for Extension of Time to Respond to Complaint by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (Truong, John) Modified relief on 5/28/2020 (ztd). (Entered: 05/28/2020)
2020-05-28		MINUTE ORDER: Granting Consent 5 Motion for Extension of Deadlines. Defendant shall answer or otherwise respond to the Complaint by July 7, 2020. Signed by Judge Tanya S. Chutkan on 5/28/2020. (DJS) (Entered: 05/28/2020)
2020-05-28		Set/Reset Deadlines: Answer due by 7/7/2020. (tb) (Entered: 05/28/2020)
2020-07-07	6	ANSWER to Complaint by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES.(Truong, John) (Entered: 07/07/2020)
2020-07-07		MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than 8/29/2020. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 7/7/2020. (DJS) (Entered: 07/07/2020)
2020-07-08		Set/Reset Deadlines: Joint Status Report due by 8/29/2020. (tb) (Entered: 07/08/2020)
2020-08-28	7	ENTERED IN ERROR. . . . .Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. (Truong, John) Modified on 8/28/2020 (ztd). (Entered: 08/28/2020)
2020-08-28		NOTICE OF ERROR re 7 Status Report; emailed to john.truong@usdoj.gov, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Incorrect document/case, 3. Please refile document, 4. Refile in the correct case. (ztd, ) (Entered: 08/28/2020)
2020-08-28	8	Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. (Truong, John) (Entered: 08/28/2020)
2020-09-12	9	NOTICE OF SUBSTITUTION OF COUNSEL by Joseph F. Carilli, Jr on behalf of All Defendants Substituting for attorney John Cuong Truong (Carilli, Joseph) (Entered: 09/12/2020)
2020-10-26	10	MOTION for Summary Judgment by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit, # 4 Text of Proposed Order)(Carilli, Joseph) (Entered: 10/26/2020)
2020-11-30	11	NOTICE of Lodging of Corrected Declaration by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES re 10 MOTION for Summary Judgment (Attachments: # 1 Exhibit)(Carilli, Joseph) (Entered: 11/30/2020)
2020-11-30	12	RESPONSE re 10 MOTION for Summary Judgment filed by KEN MCWATTERS. (Attachments: # 1 Statement of Facts, # 2 Affidavit, # 3 Affidavit, # 4 Text of Proposed Order)(Stotter, Daniel) (Entered: 11/30/2020)
2020-11-30	13	MOTION for Summary Judgment and Memorandum of Points and Authorities by KEN MCWATTERS (Attachments: # 1 Statement of Facts, # 2 Affidavit, # 3 Affidavit, # 4 Text of Proposed Order)(Stotter, Daniel) (Entered: 11/30/2020)
2020-12-30	14	REPLY to opposition to motion re 10 MOTION for Summary Judgment filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. (Carilli, Joseph) (Entered: 12/30/2020)
2020-12-30	15	Memorandum in opposition to re 13 MOTION for Summary Judgment and Memorandum of Points and Authorities filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES. (Carilli, Joseph) (Entered: 12/30/2020)
2021-01-04	16	Consent MOTION for Extension of Time to File Response/Reply by KEN MCWATTERS (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 01/04/2021)
2021-01-11		MINUTE ORDER: Granting Consent 16 Motion for Extension of Deadlines. Plaintiff may file his Summary Judgment Reply by 1/22/21. Signed by Judge Tanya S. Chutkan on 1/11/21. (DJS) (Entered: 01/11/2021)
2021-01-11		Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 1/22/2021. (tb) (Entered: 01/11/2021)
2021-01-22	17	REPLY to opposition to motion re 13 MOTION for Summary Judgment and Memorandum of Points and Authorities filed by KEN MCWATTERS. (Attachments: # 1 Affidavit Second Declaration of Kenneth McWatters)(Stotter, Daniel) (Entered: 01/22/2021)
2021-11-18	18	NOTICE OF SUBSTITUTION OF COUNSEL by Marsha Wellknown Yee on behalf of BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES Substituting for attorney Joseph F. Carilli, Jr. (Yee, Marsha) (Entered: 11/18/2021)
2022-03-31	19	ORDER denying 10 Motion for Summary Judgment; denying 13 Motion for Summary Judgment. Signed by Judge Tanya S. Chutkan on 3/31/2022. (lcac) (Entered: 03/31/2022)
2022-03-31	20	MEMORANDUM OPINION re: 10 ; 13 Motions for Summary Judgment. Signed by Judge Tanya S. Chutkan on 3/31/2022. (lcac) (Entered: 03/31/2022)
2022-04-01	21	NOTICE of Appearance by Lance Quaranto on behalf of KEN MCWATTERS (Quaranto, Lance) (Main Document 21 replaced on 4/1/2022) (znmw). (Entered: 04/01/2022)
2022-08-15	22	AMENDED MEMORANDUM OPINION: Supersedes 20 Memorandum Opinion ; re 10 , 13 Motions for Summary Judgment . Signed by Judge Tanya S. Chutkan on 8/15/2022. (lcac) Modified on 8/17/2022 - docket number corrected (tb). (Entered: 08/15/2022)
2022-08-15	23	AMENDED ORDER: Supersedes 19 Order; Defendant's 10 Motion for Summary Judgment is GRANTED in part and DENIED in part . Plaintiff's Cross-Motion for Summary Judgment is DENIED without prejudice . Remanding action to the administrative agency. See Order for further details. Signed by Judge Tanya S. Chutkan on 8/15/2022. (lcac) Modified-entry changed to read 20 not 19 on 8/15/2022 (tb). Modified on 8/17/2022 - docket changed back to 19 (tb). Modified on 8/21/2022 (DJS). Modified on 8/21/2022 (DJS). (Entered: 08/15/2022)
2022-08-16		MINUTE ORDER: On August 15, 2022, the court issued an amended Memorandum Opinion and Order in this case. The 22 Amended Memorandum Opinion corrects typographical errors in the Conclusion section, and clarifies that Defendant's 10 Motion for Summary Judgment was granted as to the proper withholding of the requested records, but denied as to segregability. The 23 Amended Order makes clear, as stated in the memorandum opinion, that the matter is remanded to the ATF for further findings as to segregability, and administratively closes the case. Signed by Judge Tanya S. Chutkan on 8/16/2022. (lcac) (Entered: 08/16/2022)
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