Case Detail

FOIA Project Annotation: Ruling on the same request for the use of race and ethnicity in FBI investigations, this time in New Jersey, a federal court in New Jersey has ruled the FBI withheld those records for essentially the same reasons cited by the court in Michigan. In one instance, the New Jersey court found the FBI had not justified its claim that a map was properly classified under Exemption 1 (national security). The court noted that "Defendants have not provided this Court with enough information to assess whether [the map] would fall into Exemption 1." However, the court allowed the agency to withhold maps under Exemption 7(A) (interference with ongoing investigation or proceeding), pointing out that "the maps are used as a tool by special agents to pinpoint areas of concern, by analysts to establish areas of focus and by the field office to allocate resources." As for records withheld under Exemption 7(E) (investigative methods and techniques), the court agreed with the agency that the records "contain investigative techniques and procedures, and the events triggering the FBI's use of such techniques and procedures. While the public may know that some of these techniques and procedures exist, it does not know the manner in which the FBI uses them."
Issues: Exemption 7(A) - Categorical exemption

Date Filed	Doc #	Docket Text
2011-05-04	1	COMPLAINT against DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 350 receipt number 3707022.) NONE., filed by AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY.(ld, ) (Entered: 05/05/2011)
2011-05-05	2	SUMMONS ISSUED as to DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *LEROY DUNBAR* (ld, ) (Entered: 05/05/2011)
2011-05-12	3	Letter from Jeanne LoCicero, Esq. w/civil cover sheet. (dc, ) (Entered: 05/17/2011)
2011-07-06	4	CERTIFICATE OF SERVICE by AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY (LOCICERO, JEANNE) (Entered: 07/06/2011)
2011-07-11	5	MOTION for Leave to Appear Pro Hac Vice of Nusrat Choudhury by AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY. (Attachments: # 1 Certification of N. Choudhury in Support of Petition, # 2 Certification of J. LoCicero in Support of Petition, # 3 Text of Proposed Order)(LOCICERO, JEANNE) (Entered: 07/11/2011)
2011-07-11	6	MOTION for Leave to Appear Pro Hac Vice of Hina Shamsi by AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY. (Attachments: # 1 Certification of H. Shamsi in Support of Petition, # 2 Certification of J. LoCicero in Support of Petition, # 3 Text of Proposed Order)(LOCICERO, JEANNE) (Entered: 07/11/2011)
2011-07-11		Set Deadlines as to 5 MOTION for Leave to Appear Pro Hac Vice of Nusrat Choudhury , 6 MOTION for Leave to Appear Pro Hac Vice of Hina Shamsi . Motion set for 8/15/2011 before Judge Dennis M. Cavanaugh. The motion will be decided on the papers. No appearances required unless notified by the court. (dc, ) (Entered: 07/12/2011)
2011-07-14	7	ORDER REASSIGNING CASE. Case reassigned to Judge Esther Salas for all further proceedings. Judge Dennis M. Cavanaugh no longer assigned to case. Signed by Chief Judge Garrett E. Brown, Jr on 7/14/11. (rac, ) (Entered: 07/14/2011)
2011-07-25	8	NOTICE of Appearance by DEANNA LYNN DURRETT on behalf of All Defendants (DURRETT, DEANNA) (Entered: 07/25/2011)
2011-07-25	9	ANSWER to Complaint by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION.(DURRETT, DEANNA) (Entered: 07/25/2011)
2011-08-02	10	ORDER granting 6 Motion for Leave to Appear Pro Hac Vice. Signed by Magistrate Judge Cathy L. Waldor on 8/2/11. (dc, ) (Entered: 08/02/2011)
2011-08-02	11	ORDER granting 5 Motion for Leave to Appear Pro Hac Vice. Signed by Magistrate Judge Cathy L. Waldor on 8/2/11. (dc, ) (Entered: 08/02/2011)
2011-08-03		Case Reassigned to Magistrate Judge Cathy L. Waldor. Magistrate Judge Joseph A. Dickson no longer assigned to the case. (nic, ) (Entered: 08/03/2011)
2011-08-22		Pro Hac Vice fee: $ 300, receipt number 008806 for Nusrat Choudhury and Hina Shamsi (dc, ) (Entered: 08/23/2011)
2011-09-07	12	ORDER, (Initial Conference set for 10/3/2011 01:00 PM in Newark - Courtroom 4C before Magistrate Judge Cathy L. Waldor.) A JOINT DISCOVERY PLAN MUST BE SUBMITTED 7 DAYS PRIOR TO THE CONFERENCE. CM/ECF IS MANDATORY FOR ALL FILINGS. Should you have any questions please call (973) 776-7862. Signed by Magistrate Judge Cathy L. Waldor on 9/7/11. (rac, ) (Entered: 09/07/2011)
2011-09-14	13	NOTICE of Appearance by BOBBY DEAN CONNER on behalf of AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY (CONNER, BOBBY) (Entered: 09/14/2011)
2011-09-14	14	Notice of Request by Pro Hac Vice Nusrat Choudhury to receive Notices of Electronic Filings. (CONNER, BOBBY) (Entered: 09/14/2011)
2011-09-14	15	Notice of Request by Pro Hac Vice Hina Shamsi to receive Notices of Electronic Filings. (CONNER, BOBBY) (Entered: 09/14/2011)
2011-09-22	16	NOTICE of Appearance by BOBBY DEAN CONNER for Hina Shamsi on behalf of AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY (CONNER, BOBBY). (Entered: 09/22/2011)
2011-09-22	17	NOTICE of Appearance by BOBBY DEAN CONNER for Nusrat Choudury on behalf of AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY (CONNER, BOBBY). (Entered: 09/22/2011)
2011-10-03		Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Scheduling Conference held on 10/3/2011. (rac, ) (Entered: 10/03/2011)
2011-10-05	18	Letter from Parties; Joint Request that Discovery Be Held in Abeyance and Briefing Schedule Be Set for Dispositive Motion Practice. (Attachments: # 1 Text of Proposed Order)(CONNER, BOBBY) (Entered: 10/05/2011)
2011-10-11	19	SCHEDULING ORDER, Ordered that discovery be held in abeyance pending further order of this Court; that the Parties will brief summary judgment motions according to the following, etc., Signed by Judge Esther Salas on 10/11/11. (dc, ) (Entered: 10/13/2011)
2011-12-12	20	MOTION for Summary Judgment by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Brief Memo in Support, # 2 Declaration Ex. 1 - Declaration of David M. Hardy, # 3 Exhibit A, # 4 Exhibit B-H, # 5 Exhibit I Part 1, # 6 Exhibit I Part 2, # 7 Exhibit I Part 3, # 8 Exhibit I Part 4, # 9 Exhibit I Part 5, # 10 Exhibit I Part 6, # 11 Exhibit I Part 7, # 12 Exhibit I Part 8, # 13 Exhibit I Part 9, # 14 Exhibit I Part 10, # 15 Exhibit I Part 11, # 16 Exhibit I Part 12, # 17 Exhibit I Part 13, # 18 Exhibit I Part 14, # 19 Exhibit J - Vaughn Index, # 20 Statement Statement of Material Facts, # 21 Text of Proposed Order, # 22 Certificate of Service)(DURRETT, DEANNA) (Entered: 12/12/2011)
2011-12-12		Set Deadlines as to 20 MOTION for Summary Judgment. Motion set for 3/19/2012 before Judge Esther Salas. The motion will be decided on the papers. No appearances required unless notified by the court. (dc, ) (Entered: 12/15/2011)
2012-01-20	21	Cross MOTION for Partial Summary Judgment by AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY. (Attachments: # 1 Brief in support of Cross Motion and in opposition to Defendant's Motion for Summary Judgment, # 2 Declaration of Nusrat J. Choudhury, # 3 Exhibit A to Choudhury Decl., # 4 Exhibit B to Choudhury Decl., # 5 Exhibit C through K of Choudhury Decl., # 6 Statement of Material Facts, # 7 Statement in Response to Defendant's Statement of Material Facts, # 8 Text of Proposed Order, # 9 Certificate of Service)(LOCICERO, JEANNE) (Entered: 01/20/2012)
2012-01-20		Set Deadlines as to 21 Cross MOTION for Partial Summary Judgment. Motion set for 2/21/2012 before Judge Esther Salas. The motion will be decided on the papers. No appearances required unless notified by the court. (dc, ) (Entered: 01/23/2012)
2012-02-10	22	REPLY BRIEF to Opposition to Motion re 20 MOTION for Summary Judgment, 21 Cross MOTION for Partial Summary Judgment filed by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit Supplemental Declaration of Mr. David M. Hardy, # 2 Exhibit Notice of In Camera, Ex Parte Filing, # 3 Statement in Response to Pl. Material Facts, # 4 Certificate of Service)(DURRETT, DEANNA) (Entered: 02/10/2012)
2012-02-10	23	Notice to be terminated and withdraw from Notices of Electronic filing as to case. Attorney BOBBY DEAN CONNER terminated. (Attachments: # 1 Certificate of Service)(LOCICERO, JEANNE) (Entered: 02/10/2012)
2012-02-29	24	Joint MOTION to Amend/Correct 19 Order re Scheduling by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(DURRETT, DEANNA) (Entered: 02/29/2012)
2012-02-29		Set Deadlines as to 24 Joint MOTION to Amend/Correct 19 Order re Scheduling . Motion set for 4/2/2012 before Judge Esther Salas. The motion will be decided on the papers. No appearances required unless notified by the court. (dc, ) (Entered: 03/01/2012)
2012-03-01	25	AMENDED SCHEDULING ORDER FOR SUMMARY JUDGMENT MOTIONS Signed by Judge Esther Salas on 3/1/12. (dc, ) (Entered: 03/05/2012)
2012-03-16	26	MOTION for Summary Judgment as to the Feb. 22, 2012 Supplemental Release by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. Responses due by 4/2/2012 (Attachments: # 1 Brief in Support of Motion, # 2 Declaration of Mr. David M. Hardy, # 3 Exhibit to Hardy Declaration, # 4 Statement of Material Facts, # 5 Text of Proposed Order, # 6 Certificate of Service)(DURRETT, DEANNA) (Entered: 03/16/2012)
2012-03-16		Set Deadlines as to 26 MOTION for Summary Judgment as to the Feb. 22, 2012 Supplemental Release . Motion set for 5/7/2012 before Judge Esther Salas. The motion will be decided on the papers. No appearances required unless notified by the court. (dc, ) (Entered: 03/22/2012)
2012-04-02	27	Cross MOTION for Partial Summary Judgment by AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY. (Attachments: # 1 Brief in Support of Plaintiff's Cross-Motion and in Opposition to Defendants' Motion for Summary Judgment, # 2 Second Choudhury Declaration, # 3 Exhibits to Choudhury Declaration, # 4 Statement of Material Facts, # 5 Response to Defendants' Material Facts, # 6 Text of Proposed Order, # 7 Certificate of Service)(LOCICERO, JEANNE) (Entered: 04/02/2012)
2012-04-02		Set Deadlines as to 27 Cross MOTION for Partial Summary Judgment. Motion set for 5/7/2012 before Judge Esther Salas. The motion will be decided on the papers. No appearances required unless notified by the court. (dc, ) (Entered: 04/03/2012)
2012-04-05	28	Consent MOTION for Leave to File a Sur-reply by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(DURRETT, DEANNA) (Entered: 04/05/2012)
2012-04-05		Set Deadlines as to 28 Consent MOTION for Leave to File a Sur-reply . Motion set for 5/7/2012 before Judge Esther Salas. The motion will be decided on the papers. No appearances required unless notified by the court. (dc, ) (Entered: 04/12/2012)
2012-04-13	29	REPLY to Response to Motion filed by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION re 20 MOTION for Summary Judgment, 27 Cross MOTION for Partial Summary Judgment, 26 MOTION for Summary Judgment as to the Feb. 22, 2012 Supplemental Release (Attachments: # 1 Statement in Response to Pl. Material Facts, # 2 Certificate of Service)(DURRETT, DEANNA) (Entered: 04/13/2012)
2012-04-18	30	ORDER granting 28 Motion for Leave to File a Sur-Reply; that Defts' Sur-Reply shall be filed no later fthan 4/13/12. Signed by Judge Esther Salas on 4/18/12. (dc, ) (Entered: 04/18/2012)
2012-05-22	31	Letter from Defendants. (DURRETT, DEANNA) (Entered: 05/22/2012)
2012-05-23	32	ORDER granting request that the Court temporarily postpone ruling on the parties' motions for summary judgment currently pending before the Court. Signed by Judge Esther Salas on 5/23/12. (dc, ) (Entered: 05/24/2012)
2012-06-01	33	Letter from Defendants. (DURRETT, DEANNA) (Entered: 06/01/2012)
2012-09-28	34	ORDER granting 20 Motion for Summary Judgment; denying 21 Motion for Partial Summary Judgment; granting 26 Motion for Summary Judgment ; denying 27 Motion for Partial Summary Judgment. Signed by Judge Esther Salas on 9/28/2012. (ps, ) (Entered: 09/28/2012)
2012-10-02	35	OPINION. Signed by Judge Esther Salas on 10/1/12. (dc, ) (Entered: 10/02/2012)
2012-10-02		***Civil Case Terminated. (dc, ) (Entered: 10/03/2012)
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