Case Detail

FOIA Project Annotation: Judge Rudolph Contreras has ruled that the Army conducted an adequate search for records concerning the 20-year-old conviction of Edgar Rodriguez for rape of a nine-year-old girl between 1988 and 1990 and properly withheld records under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). In response to Rodriguez's request for records of his criminal investigation, the Army Criminal Investigative Division found 36 pages of records. The agency was unable to find several exhibits and concluded that they had been destroyed. The Army withheld records concerning the child victim's statement, her medical and psychological records, as well as assorted personal information under Exemption 6 and Exemption 7(C). Rodriguez argued the search was inadequate because the agency failed to locate the missing exhibits. But Contreras pointed out that "contrary to plaintiff's argument, the fact that the defendant failed to find all the requested information, specifically exhibits nine through twelve, is not dispositive. . .[C]ourts look to the appropriateness of the methods used when analyzing the adequacy of a FOIA search. Therefore, despite the defendant's inability to produce the missing documents, the search was sufficiently thorough and reasonable for the circumstances." Describing several subsequent searches the Army conducted to find the missing exhibits, Contreras observed that "these additional searches and steps taken in an effort to uncover the missing document further establish that the plaintiff has not rebutted the defendant's presumption of good faith." Contreras explained that while all the agency's privacy redactions were appropriate, the child victim's records were particularly sensitive. He considered the D.C. Circuit's ruling in Roth v. Dept of Justice, 642 F.3d 1161 (D.C. Cir. 2011), in which the court found a public interest in knowing whether the government had withheld information in a capital murder case. But he pointed out that "although the plaintiff maintains a claim of innocence, unlike in Roth, any public interest in knowing whether the defendant withholds information that could corroborate that claim does not outweigh the privacy interests at stake." In contrast with Roth, Contreras observed that "not only has the defendant [here] made clear what documents it specifically withheld and what information it specifically redacted, but the plaintiff, in response, has only provided unsubstantiated support for why this redacted or withheld information may potentially be relevant." He noted that "by the very nature of these exhibits, it is clear that there is a substantial privacy interest in withholding the thoughts and medical diagnosis of a minor child, who is now an adult. Furthermore, the plaintiff advances no public interest that would outweigh the child victim's privacy interest in the psychological/medical records." After finding the child victim's records were protected by Exemption 6 and Exemption 7(C), Contreras agreed that they were exempt under the Federal Victim's and Witness Protection Act as well.
Issues: Adequacy - Search, Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2012-11-28	1	COMPLAINT FOR INJUNCTIVE RELIEF against All Defendants ( Filing fee $ 350 receipt number 0090-3143932) filed by EDGAR RODRIGUEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. DEPARTMENT OF THE ARMY, # 3 Summons U.S. DEPARTMENT OF THE ARMY, # 4 Summons U.S. DEPARTMENT OF THE ARMY, # 5 Summons U.S. DEPARTMENT OF THE ARMY, # 6 Summons U.S. ATTORNEY GENERAL, # 7 Summons U.S. ATTORNEY'S OFFICE, # 8 Summons SECRETARY OF THE ARMY JOHN McHUGH)(Sidell, Gary) (Entered: 11/28/2012)
2012-11-28		Case Assigned to Judge Rudolph Contreras. (md, ) (Entered: 11/28/2012)
2012-11-28	2	ELECTRONIC SUMMONS (7) Issued as to DEPARTMENT OF THE ARMY, JOHN McHUGH, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons 2nd, # 2 Summons 3rd, # 3 Summons 4th, # 4 Summons 5th, # 5 Summons 6th, # 6 Summons 7th, # 7 Consent Notice)(md, ) (Entered: 11/28/2012)
2012-12-13	3	NOTICE of Appearance by John J. Gowel on behalf of DEPARTMENT OF THE ARMY, JOHN McHUGH (Gowel, John) (Entered: 12/13/2012)
2012-12-14	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General December 7, 2012. (Sidell, Gary) (Entered: 12/14/2012)
2012-12-14	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/7/2012. Answer due for ALL FEDERAL DEFENDANTS by 1/6/2013. (Sidell, Gary) (Entered: 12/14/2012)
2012-12-14	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOHN McHUGH served on 12/6/2012 (Sidell, Gary) (Entered: 12/14/2012)
2012-12-14	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF THE ARMY served on 12/6/2012 (Sidell, Gary) (Entered: 12/14/2012)
2012-12-14	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF THE ARMY served on 12/3/2012 (Sidell, Gary) (Entered: 12/14/2012)
2012-12-14	9	Summons Returned Unexecuted by DEPARTMENT OF THE ARMY as to DEPARTMENT OF THE ARMY. (Sidell, Gary) (Entered: 12/14/2012)
2012-12-14	10	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF THE ARMY served on 12/10/2012 (Sidell, Gary) (Entered: 12/14/2012)
2013-01-07	11	ANSWER to Complaint by DEPARTMENT OF THE ARMY, JOHN McHUGH.(Gowel, John) (Entered: 01/07/2013)
2013-01-18	12	Joint MOTION for Briefing Schedule by DEPARTMENT OF THE ARMY, JOHN McHUGH (Attachments: # 1 Text of Proposed Order)(Gowel, John) (Entered: 01/18/2013)
2013-02-01		MINUTE ORDER granting 12 Motion for Briefing Schedule. The defendants shall file their dispositive motion no later than March 1, 2013. Mr. Rodriguez shall oppose that motion and file his own cross-motion no later than April 3, 2013. The defendants shall oppose his motion and reply to his opposition no later than May 3, 2013; and Mr. Rodriguez shall reply to their opposition no later than June 5, 2013. Signed by Judge Rudolph Contreras on February 1, 2013. (lcrc2) (Entered: 02/01/2013)
2013-02-06		Set Deadlines: Dispositive Motions due by 3/1/2013. Cross Motions due by 4/3/2013; Response to Dispositive Motions due by 4/3/2013; Reply to Dispositive Motions due by 5/3/2013; Response to Cross Motions due by 5/3/2013; Reply to Cross Motions due by 6/5/2013. (tj ) (Entered: 02/06/2013)
2013-02-28	13	Unopposed MOTION for Extension of Time to File dispositive motions , Unopposed MOTION to Modify the briefing schedule by DEPARTMENT OF THE ARMY, JOHN M. MCHUGH (Attachments: # 1 Text of Proposed Order)(Gowel, John) (Entered: 02/28/2013)
2013-02-28		MINUTE ORDER granting 13 Motion to Modify the Briefing Schedule. The defendants shall file their dispositive motion no later than April 1, 2013. Mr. Rodriguez shall oppose that motion and file his own cross-motion no later than May 3, 2013. The defendants shall oppose his motion and reply to his opposition no later than June 5, 2013; and Mr. Rodriguez shall reply to their opposition no later than July 9, 2013. Signed by Judge Rudolph Contreras on February 28, 2013. (lcrc2) (Entered: 02/28/2013)
2013-03-28	14	Unopposed MOTION for Extension of Time to File dispositive motions , Unopposed MOTION to Modify the briefing schedule by DEPARTMENT OF THE ARMY, JOHN M. MCHUGH (Attachments: # 1 Text of Proposed Order)(Gowel, John) (Entered: 03/28/2013)
2013-04-02		MINUTE ORDER granting 14 Motion for Extension of Time to File and to Modify the Briefing Schedule. Defendants shall file their dispositive motion no later than April 15, 2013. Plaintiff shall oppose that motion and file any cross-motion no later than May 30, 2013; defendants shall file their opposition and reply no later than July 1, 2013; and plaintiff shall reply no later than August 1, 2013. Signed by Judge Rudolph Contreras on April 2, 2013. (lcrc2) (Entered: 04/02/2013)
2013-04-15	15	MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for failure to state a claim , MOTION for Summary Judgment by DEPARTMENT OF THE ARMY, JOHN M. MCHUGH (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit, # 4 Text of Proposed Order)(Gowel, John) (Entered: 04/15/2013)
2013-06-13	16	Joint MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for failure to state a claim MOTION for Summary Judgment , Joint MOTION to Amend/Correct Order on Motion for Extension of Time to File, Order on Motion to Modify,, by DEPARTMENT OF THE ARMY, JOHN M. MCHUGH (Attachments: # 1 Text of Proposed Order)(Gowel, John) (Entered: 06/13/2013)
2013-06-18		MINUTE ORDER granting 16 Motion for Extension of Time to File Response. The plaintiff's cross-motion for summary judgment and opposition to 15 the defendants' pending motion shall be filed no later than July 19, 2013. The defendants' opposition and reply shall be filed no later than August 23, 2013, and the plaintiff's reply no later than September 27, 2013. Signed by Judge Rudolph Contreras on June 18, 2013. (lcrc2) (Entered: 06/18/2013)
2013-07-19	17	Cross MOTION for Summary Judgment by EDGAR RODRIGUEZ (Attachments: # 1 Declaration of Gary Port, # 2 Declaration of Jerin Rosas, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Affidavit of Ronald J. Fisher, # 13 Statement of Facts, # 14 Text of Proposed Order)(Sidell, Gary) Modified on 7/22/2013 (znmw, ). (Entered: 07/19/2013)
2013-07-19	18	Memorandum in opposition to re 15 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for failure to state a claim MOTION for Summary Judgment filed by EDGAR RODRIGUEZ. (Sidell, Gary) (Entered: 07/19/2013)
2013-07-19	19	RESPONSE re 15 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for failure to state a claim MOTION for Summary Judgment Defendant's Statement of Material Facts filed by EDGAR RODRIGUEZ. (Sidell, Gary) (Entered: 07/19/2013)
2013-08-21	20	Consent MOTION to Amend/Correct Order on Motion for Extension of Time to File Response/Reply, Order on Motion to Amend/Correct,, , Consent MOTION for Extension of Time to File Response/Reply as to 17 Cross MOTION for Summary Judgment by DEPARTMENT OF THE ARMY, JOHN M. MCHUGH (Attachments: # 1 Text of Proposed Order)(Gowel, John) (Entered: 08/21/2013)
2013-08-21		MINUTE ORDER granting 20 Motion for Extension of Time. The defendants shall oppose 17 the plaintiff's pending motion for summary judgment and reply in support of 15 their own dispositive motion no later than September 24, 2013. The plaintiff shall file his reply no later than November 1, 2013. Signed by Judge Rudolph Contreras on August 21, 2013. (lcrc2) (Entered: 08/21/2013)
2013-09-10	21	NOTICE of Change of Address by Gary M. Sidell (Sidell, Gary) (Entered: 09/10/2013)
2013-09-24	22	Unopposed MOTION for Extension of Time to File Response/Reply as to 17 Cross MOTION for Summary Judgment , 15 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for failure to state a claim MOTION for Summary Judgment by DEPARTMENT OF THE ARMY, JOHN M. MCHUGH (Attachments: # 1 Text of Proposed Order)(Gowel, John) (Entered: 09/24/2013)
2013-09-24		MINUTE ORDER Upon consideration of 22 the defendants' consent motion to modify the briefing schedule, it is hereby ORDERED that the motion is GRANTED. It is FURTHER ORDERED that the defendants' opposition to the plaintiff's cross motion for summary judgment and to the motion for attorney's fees, and reply regarding the defendants' motion for summary judgment, shall be filed by 10/4/2013. It is FURTHER ORDERED that the plaintiff's reply regarding his cross motion for summary judgment, and reply regarding his motion for attorney's fees, shall be filed by 11/11/2013. SO ORDERED. Signed by Judge Rudolph Contreras on 9/24/2013. (lcrc2) (Entered: 09/24/2013)
2013-10-01	23	Unopposed MOTION for Extension of Time to File Response/Reply as to 17 Cross MOTION for Summary Judgment , 15 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for failure to state a claim MOTION for Summary Judgment , Unopposed MOTION to Modify the Briefing Schedule by DEPARTMENT OF THE ARMY, JOHN M. MCHUGH (Attachments: # 1 Text of Proposed Order)(Gowel, John) (Entered: 10/01/2013)
2013-10-03	24	ORDER granting 23 the defendant's Motion for Extension of Time to File Response/Reply. (Responses due by 11/8/2013 and Replies due by 12/20/2013). (Signed by Judge Rudolph Contreras on 10/3/13). (tj) (Entered: 10/03/2013)
2013-11-08	25	Memorandum in opposition to re 17 Cross MOTION for Summary Judgment filed by DEPARTMENT OF THE ARMY, JOHN M. MCHUGH. (Attachments: # 1 Exhibit, # 2 Statement of Facts)(Gowel, John) (Entered: 11/08/2013)
2013-11-12		) (Entered: 11/12/2013)
2013-11-12	26	REPLY to opposition to motion re 15 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for failure to state a claim MOTION for Summary Judgment (Duplicate of ECF No. 25) filed by DEPARTMENT OF THE ARMY, JOHN M. MCHUGH. (Attachments: # 1 Exhibit, # 2 Statement of Facts)(Gowel, John) (Entered: 11/12/2013)
2013-12-18	27	Unopposed MOTION for Extension of Time to File Response/Reply as to 17 Cross MOTION for Summary Judgment , 15 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for failure to state a claim MOTION for Summary Judgment by EDGAR RODRIGUEZ (Sidell, Gary) (Entered: 12/18/2013)
2013-12-18		MINUTE ORDER granting 27 Plaintiff's unopposed motion for an extension of time. It is hereby ORDERED that the plaintiff shall file his reply to defendants' opposition to plaintiff's cross-motion for summary judgment on or before January 10, 2014. SO ORDERED. Signed by Judge Rudolph Contreras on 12/18/2013. (lcrc2) (Entered: 12/18/2013)
2014-01-10	28	REPLY to opposition to motion re 17 Cross MOTION for Summary Judgment filed by EDGAR RODRIGUEZ. (Attachments: # 1 Declaration)(Sidell, Gary) (Entered: 01/10/2014)
2014-03-27	29	ORDER granting 15 Motion for Summary Judgment; denying 17 Cross-Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 3/27/2014. (lcrc2) (Entered: 03/27/2014)
2014-03-27	30	MEMORANDUM OPINION granting 15 Motion for Summary Judgment; denying 17 Cross-Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 3/27/2014. (lcrc2) (Entered: 03/27/2014)
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