Case Detail

FOIA Project Annotation: Judge Rosemary Collyer has ruled that the National Indian Gaming Commission has now shown that it conducted an adequate search for records pertaining to contacts between the Commission and people like lobbyists Jack Abramoff and Ralph Reed, and former House Majority Leader Tom DeLay. Citizens for Responsibility and Ethics in Washington made the request and also asked for records on contacts between Indian tribes and several companies, as well as records pertaining to specific tribes. In an earlier decision, Collyer ruled that NIGC had not yet shown that its search was adequate and told the agency to provide further detail. This time around Collyer found that the agency's search had been adequate. She rejected CREW's arguments that the agency's affidavits did not sufficiently explain the basis for its search, pointing out that "CREW's own FOIA request, in CREW's own words, identified the records that it wanted." CREW also complained that NIGC had not explained in detail how it conducted its electronic search. Collyer observed that "contrary to CREW's contentions, FOIA does not demand this degree of detail." Turning to the exemptions, Collyer indicated that the agency had properly invoked Exemption 7(A) (interference with ongoing investigation or proceeding) and rejected CREW's claims that the statutory basis for the investigation was not adequately explained. She said that "these are not the criteria by which an agency's response is measured. NIGC need not submit declarations that reveal the exact nature and purpose of its investigations in order to satisfy FOIA â€" Exemption 7(A) exists precisely to shield that sort of revelation." She also dismissed CREW's contention that Privacy Act waivers were not required to disclose records concerning employees of Indian casinos. She noted that "NIGC's investigations into the backgrounds of Indian casino employees are, at least in part, related to the enforcement of federal law and the contents of those investigatory files would, therefore, be exempt from disclosure under Exemption 7(C). It follows that a Privacy Act waiver would be necessary before NIGC could even confirm if it has individual investigatory files that mention the names of any of the real persons listed by CREW in its FOIA request, much less release such documents."
Issues: Adequacy - Search, Exemption 7(A) - Interference with ongoing investigation, Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2005-04-22	1	COMPLAINT against NATIONAL INDIAN GAMING COMMISSION (Filing fee $ 250) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit A-O)(rje,) (Entered: 04/25/2005)
2005-04-22	2	LCvR 7.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (rje, ) (Entered: 04/25/2005)
2005-04-22		SUMMONS (3) Issued as to NATIONAL INDIAN GAMING COMMISSION, U.S. Attorney and U.S. Attorney General (rje, ) (Entered: 04/25/2005)
2005-05-23	3	ANSWER to Complaint by NATIONAL INDIAN GAMING COMMISSION.(Smith, Jeffrey) (Entered: 05/23/2005)
2005-08-25	4	Joint MOTION for Order on Proposed Briefing Schedule by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Text of Proposed Order Proposed Order on Joint Proposed Briefing Schedule)(Weismann, Anne) (Entered: 08/25/2005)
2005-09-06		MINUTE ENTRY ORDER granting 4 Joint Motion for Scheduling Order. Defendant's Motion shall be filed by September 12, 2005. Plaintiff's Opposition and Cross-Motion shall be filed by October 31, 2005. Plaintiff's Reply shall be filed by November 14, 2005. Signed by Judge Rosemary M. Collyer on 9/6/05. (dyc) (Entered: 09/06/2005)
2005-09-06		Set/Reset Deadlines: Plaintiff's Response to Motion for Summary Judgment and Cross Motions due by 10/31/2005. Plaintiff's Reply to Cross Motion due by 11/14/2005. (cdw) (Entered: 09/14/2005)
2005-09-12	5	MOTION for Summary Judgment by NATIONAL INDIAN GAMING COMMISSION. (Attachments: # 1 Statement of Facts # 2 Affidavit Declaration of Regina Ann McCoy# 3 Affidavit Declaration of Alan Fedman)(Smith, Jeffrey) (Entered: 09/12/2005)
2005-10-17	6	Memorandum in opposition to motion re 5 Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Statement of Facts Plaintiff's Response to Defendant's Statement of Material Facts Not in Dispute)(Weismann, Anne) (Entered: 10/17/2005)
2005-10-27	7	NOTICE of Appearance by Alexander Kenneth Haas on behalf of NATIONAL INDIAN GAMING COMMISSION (Haas, Alexander) (Entered: 10/27/2005)
2005-10-27	8	Unopposed MOTION for Extension of Time to File Response/Reply in support of Defendant's Motion for Summary Judgment by NATIONAL INDIAN GAMING COMMISSION. (Attachments: # 1 Text of Proposed Order Proposed Order)(Haas, Alexander) (Entered: 10/27/2005)
2005-10-31		MINUTE ENTRY ORDER granting 8 Defendant's Unopposed Motion for Extension of Time to File Response/Reply. Defendant's Reply shall be filed by no later than November 7, 2005. Signed by Judge Rosemary M. Collyer on 10/31/05. (dyc) (Entered: 10/31/2005)
2005-10-31		Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 11/7/2005. (cdw) (Entered: 11/02/2005)
2005-11-07	9	REPLY to opposition to motion re 5 in support of NIGC's motion for summary judgment filed by NATIONAL INDIAN GAMING COMMISSION. (Attachments: # 1 Affidavit Supplemental McCoy Declaration & Exhibits)(Haas, Alexander) (Entered: 11/07/2005)
2005-11-09	10	MOTION for Leave to File Supplemental Opposition to Defendant's Motion for Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Text of Proposed Order Proposed Order on Plaintiff's Motion for Leave to File Supplemental Opposition# 2 Plaintiff's Supplemental Opposition to Defendant's Motion for Summary Judgment# 3 Exhibit Exhibit 1 to Plaintiff's Supplemental Opposition)(Weismann, Anne) (Entered: 11/09/2005)
2005-11-10		MINUTE ENTRY ORDER granting 10 Plaintiff's Unopposed Motion for Leave to File a Surreply. Signed by Judge Rosemary M. Collyer on 11/10/05. (dyc) (Entered: 11/10/2005)
2005-11-10	11	SURREPLY to re 5 MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit 1)(jf, ) (Entered: 12/05/2005)
2006-03-15	12	NOTICE of Change of Address by Anne L. Weismann (Weismann, Anne) (Entered: 03/15/2006)
2006-05-17	13	MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on 5/17/2006. (tkf) (Entered: 05/17/2006)
2006-05-17	14	ORDER denying 5 Defendant's Motion for Summary Judgment without prejudice. See attached Order for further details. Signed by Judge Rosemary M. Collyer on 5/17/2006. (tkf) (Entered: 05/17/2006)
2006-05-23	15	ENTERED IN ERROR.....ADDITIONAL ATTACHMENT Plaintiff's Unopposed Request for a Status Conference by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Weismann, Anne) Modified on 5/24/2006 (tg, ). (Entered: 05/23/2006)
2006-05-24		NOTICE OF CORRECTED DOCKET ENTRY: re 15 Additional Attachment was entered in error as counsel used the wrong ECF event to request a hearing. Counsel was instructed to refile said pleading. (tg, ) (Entered: 05/24/2006)
2006-05-25	16	MOTION for Hearing Unopposed Motion for a Status Conference by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Text of Proposed Order Proposed Order on Status Conference)(Weismann, Anne) (Entered: 05/25/2006)
2006-06-28		NOTICE of Hearing: A Status Conference is set for 7/17/2006 at 11:45 AM in Courtroom 6, second floor, before Judge Rosemary M. Collyer. Please be punctual.(cdw) (Entered: 06/28/2006)
2006-07-14	17	NOTICE of Appearance by Sharon Yvette Eubanks on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Eubanks, Sharon) (Entered: 07/14/2006)
2006-07-17	18	MOTION for Summary Judgment by NATIONAL INDIAN GAMING COMMISSION. (Attachments: # 1 Affidavit Declaration of Regina Ann McCoy)(Smith, Jeffrey) (Entered: 07/17/2006)
2006-07-17		Minute Entry for proceedings held before Judge Rosemary M. Collyer: Status Conference held on 7/17/2006. Oral Motion by the plaintiff for Limited Discovery, heard and denied. (Court Reporter: Crystal Pilgrim) (cdw) (Entered: 07/18/2006)
2006-07-28	19	Memorandum in opposition to re 18 MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Text of Proposed Order)(Eubanks, Sharon) (Entered: 07/28/2006)
2006-07-28	20	MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Summary Judgment by NATIONAL INDIAN GAMING COMMISSION. (Smith, Jeffrey) (Entered: 07/28/2006)
2006-07-31		MINUTE ENTRY ORDER granting 20 Defendant's Motion for Extension of Time to File Response/Reply. Defendant's reply shall be filed by no later than August 14, 2006. Signed by Judge Rosemary M. Collyer on 7/31/2006. (tkf) (Entered: 07/31/2006)
2006-08-14	21	REPLY to opposition to motion re 18 MOTION for Summary Judgment filed by NATIONAL INDIAN GAMING COMMISSION. (Attachments: # 1 Affidavit Fourth Declaration of Regina Ann McCoy)(Smith, Jeffrey) (Entered: 08/14/2006)
2006-10-05		MINUTE ENTRY ORDER denying 16 Unopposed Motion for a Status Conference as moot. A status conference was held before the Court on July 17, 2006. Signed by Judge Rosemary M. Collyer on 10/5/2006. (tkf) (Entered: 10/05/2006)
2006-12-12	22	MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on 12/12/2006. (ses) (Entered: 12/12/2006)
2006-12-12	23	ORDER granting 18 Defendant's Motion for Summary Judgment. See attached Order for further details. Signed by Judge Rosemary M. Collyer on 12/12/2006. (ses) (Entered: 12/12/2006)
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