Case Detail

FOIA Project Annotation: Judge Reggie Walton has ruled that the Justice Department conducted an adequate search for wiretap authorization memos pertaining to Lamont Wright's investigation and conviction and properly withheld the records under Exemption 3 (other statutes) and Exemption 5 (privileges). The Criminal Division searched its Office of Enforcement Operations database and archived emails of Criminal Division employees who were involved in requesting the wiretaps in Wright's case. Wright argued the search was inadequate because the databases the agency searched were ones that were not typically searched in response to FOIA requests. Rejecting Wright's claim, Walton pointed out that "the plaintiff provides no evidence to support this assertion or explain why it would be inappropriate for the defendants to rely upon the identified systems in conducting its searches in light of the subject matter of the plaintiff's FOIA request." Wright challenged the application of Title III as an Exemption 3 statute. But Walton noted that "the defendants identified Title III as a relevant statute, and properly described documents that are covered by the statute, such as the Authorization Memoranda." Wright also argued the wiretaps were public because they were introduced at his trial. Walton disagreed, observing that the transcripts of Wright's trial did not indicate what wiretaps had been played. He added that "the plaintiff has not identified an instance of disclosure of the subject records outside the discovery process and thus has failed to show that the withheld records exist in the public domain." Walton also agreed with the agency that most of the records were protected by the attorney work-product privilege. As a result, he rejected Wright's claim that the agency had failed to conduct a segregability analysis, indicating that the attorney work-product privilege covered both fact and opinion material, meaning that no assessment of segregability was required.
Issues: Public domain, Exemption 3 - Statutory prohibition of disclosure, Exemption 5 - Privileges - Attorney work-product privilege

Date Filed	Doc #	Docket Text
2014-02-18	1	COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE (Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE (Criminal Division) ( Filing fee $ 400, receipt number 4616062278) filed by LAMONT WRIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(rc) (Entered: 02/21/2014)
2014-02-18		SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division), U.S. Attorney and U.S. Attorney General. (rc) (Entered: 02/21/2014)
2014-04-07	2	NOTICE of Appearance by Robert N. Englund on behalf of All Defendants (Englund, Robert) (Entered: 04/07/2014)
2014-04-07	3	MOTION for Extension of Time to Respond to Complaint by UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division) (Englund, Robert) (Entered: 04/07/2014)
2014-04-08		MINUTE ORDER granting 3 Motion for Extension of Time. Upon consideration of the defendants' Motion for Extension of Time and for good cause shown, it is hereby ORDERED that the motion is GRANTED and the defendants shall file their response to the plaintiff's complaint on or before June 6, 2014. Signed by Judge Reggie B. Walton on April 8, 2014. (lcrbw1) (Entered: 04/08/2014)
2014-04-08		Set/Reset Deadlines: Answer or respond to complaitn by 6/6/2014, (mpt) (Entered: 04/08/2014)
2014-05-01	4	NOTICE OF SUBSTITUTION OF COUNSEL by Rafique Omar Anderson on behalf of All Defendants Substituting for attorney R. NICHOLAS ENGLUND (Anderson, Rafique) (Entered: 05/01/2014)
2014-05-01	5	NOTICE OF SUBSTITUTION OF COUNSEL by Rafique Omar Anderson on behalf of All Defendants Substituting for attorney R. NICHOLAS ENGLUND (Anderson, Rafique) (Entered: 05/01/2014)
2014-05-01		NOTICE OF ERROR re 5 Substitution of Counsel; emailed to rafique.anderson@usdoj.gov, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Document is filed in the wrong case. Should be in 13cv358 RC. (td, ) (Entered: 05/01/2014)
2014-05-01		NOTICE OF CORRECTED DOCKET ENTRY: re 5 Substitution of Counsel was entered in error and counsel was instructed to refile said pleading in the correct case number 13cv358 RC. (td, ) (Entered: 05/01/2014)
2014-05-01	6	NOTICE OF SUBSTITUTION OF COUNSEL by Rafique Omar Anderson on behalf of All Defendants Substituting for attorney R. NICHOLAS ENGLUND (Anderson, Rafique) (Entered: 05/01/2014)
2014-06-05	7	Second MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division) (Anderson, Rafique) (Entered: 06/05/2014)
2014-06-06		MINUTE ORDER granting 7 Motion for Extension of Time to File Response/Reply. Upon consideration of the defendant's Motion for Extension of Time to Respond to Plaintiff's Complaint and for good cause shown, it is hereby ORDERED that the motion is GRANTED and the defendant shall file its response to the plaintiff's complaint on or before August 8, 2014. Signed by Judge Reggie B. Walton on June 6, 2014. (lcrbw1) (Entered: 06/06/2014)
2014-06-09		Set/Reset Deadlines: Answer or respond to complaint by 8/8/2014, (mpt, ) (Entered: 06/09/2014)
2014-06-17	8	Memorandum in opposition to re 7 Second MOTION for Extension of Time to File Response/Reply filed by LAMONT WRIGHT. (td, ) (Entered: 06/18/2014)
2014-07-16	9	MOTION to supplement requested relief in pending civil action by LAMONT WRIGHT (jf, ) (Entered: 07/17/2014)
2014-07-17	10	ORDER. For the reasons stated in the attached order, it is hereby ORDERED that the Plaintiff's Motion in Opposition to Defendant[s'] Motion for Extension of Time, ECF No. 8, is DENIED. Signed by Judge Reggie B. Walton on July 17, 2014. (lcrbw1) (Entered: 07/17/2014)
2014-07-31	11	Memorandum in opposition to re 9 MOTION to supplement requested relief in pending civil action filed by UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division). (Anderson, Rafique) (Entered: 07/31/2014)
2014-08-05	12	MOTION for Extension of Time to File Answer by UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division) (Anderson, Rafique) (Entered: 08/05/2014)
2014-08-06		MINUTE ORDER granting 12 Motion for Extension of Time to Answer All Defendants. Upon consideration of the defendants' Motion for Extension of Time to Respond to Plaintiff's Complaint and for good cause shown, it is hereby ORDERED that the motion is GRANTED and the defendants shall respond to the plaintiff's complaint on or before September 22, 2014. The defendants are advised that no further extensions of this deadline will be granted absent extraordinary reasons. Signed by Judge Reggie B. Walton on August 6, 2014. (lcrbw1) (Entered: 08/06/2014)
2014-08-06		Set/Reset Deadline: The defendants shall respond to the plaintiff's complaint on or before 9/22/2014. (ad) (Entered: 08/06/2014)
2014-09-19	13	MOTION for Extension of Time to FILE A DISPOSITIVE MOTION by UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy) (Anderson, Rafique) (Entered: 09/19/2014)
2014-09-22		MINUTE ORDER granting 13 Motion for Extension of Time. For good cause shown, it is hereby ORDERED that the defendants' Motion for Extension of Time to Respond to Plaintiff's Complaint 13 is GRANTED, and the defendants shall file their response to the complaint on or before October 22, 2014. Signed by Judge Reggie B. Walton on September 22, 2014. (lcrbw1) (Entered: 09/22/2014)
2014-09-23		Set/Reset Deadlines: Answer or respond to complaint by 10/22/2014, (mpt, ) (Entered: 09/23/2014)
2014-10-22	14	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division) (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration, # 4 Exhibit EXHIBIT A, # 5 Exhibit EXHIBIT B, # 6 Exhibit EXHIBIT C, # 7 Exhibit EXHIBIT D, # 8 Exhibit EXHIBIT E, # 9 Exhibit EXHIBIT F, # 10 Exhibit EXHIBIT G)(Anderson, Rafique) (Entered: 10/22/2014)
2014-11-06	15	MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Summary Judgment by LAMONT WRIGHT (td, ) (Entered: 11/10/2014)
2014-11-24	16	ORDER granting in part and denying in part 15 Motion for Extension of Time to File Response/Reply. For the reasons set forth in the attached order, it is hereby ORDERED that the plaintiff's Motion to Enlarge Time to File a Motion to Oppose Defendants' Dispositive Motion for Summary Judgment is GRANTED IN PART AND DENIED WITHOUT PREJUDICE IN PART. Accordingly, the plaintiff's request for an extension of time to file an opposition to the defendants' motion for summary judgment is GRANTED, and the plaintiff shall file his opposition on or before December 29, 2014. If the plaintiff does not respond by that date, the Court will treat the motion as conceded and, if the circumstances warrant, may enter judgment for the defendants. The plaintiff's request for an order requiring access to his personal laptop and an office-level copier is DENIED WITHOUT PREJUDICE. Signed by Judge Reggie B. Walton on November 24, 2014. (lcrbw1) (Entered: 11/24/2014)
2014-11-25		Set/Reset Deadline: The plaintiff shall file his opposition on or before 12/29/2014. (ad) (Entered: 11/25/2014)
2014-12-29	17	MOTION for Extension of Time to oppose defendant's dispositive motion for summary judgment ECF no. 14 and to file an amended complaint by LAMONT WRIGHT (td, ) (Entered: 12/31/2014)
2015-01-08		MINUTE ORDER granting 17 Motion for Extension of Time. For good cause shown, it is ORDERED that the plaintiff's motion for an extension of time to respond to the the defendant's motion for summary judgment is GRANTED, and the plaintiff shall file his opposition on or before January 21, 2015. Signed by Judge Reggie B. Walton on January 8, 2015. (lcrbw1) (Entered: 01/08/2015)
2015-01-09		Set/Reset Deadlines: Plaintiff's Opposition to Motion for Summary Judgment due by 1/21/2015. (tg, ) (Entered: 01/09/2015)
2015-01-22	18	Memorandum in opposition to re 14 MOTION for Summary Judgment filed by LAMONT WRIGHT. (td, ) (Entered: 01/23/2015)
2015-01-22	19	MOTION for leave for allowance to amend original complaint by LAMONT WRIGHT; (See docket entry no. 18 to view document) (td, ) (Entered: 01/23/2015)
2015-02-02	20	MOTION for Extension of Time to REPLY TO PLAINTIFFS OPPOSITION AND OPPOSE PLAINTIFFS REQUEST FOR AMENDMENT by UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division) (Anderson, Rafique) (Entered: 02/02/2015)
2015-02-03		MINUTE ORDER granting 20 Motion for Extension of Time. For good cause shown, it is hereby ORDERED that the defendants' motion for an extension of time to reply to the plaintiff's opposition to the defendants' motion for summary judgment is GRANTED, and the defendants shall file their reply on or before February 20, 2015. Signed by Judge Reggie B. Walton on February 3, 2015. (lcrbw1) (Entered: 02/03/2015)
2015-02-04		Set/Reset Deadlines: Reply due by 2/20/2015. (mpt, ) (Entered: 02/04/2015)
2015-02-23	21	MOTION for Extension of Time to Defendants Reply Memorandum In Support Of Defendants Motion For Summary Judgment And Opposition To Plaintiffs Motion For Leave To Amend Original Complaint by UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division) (Anderson, Rafique) (Additional attachment(s) added on 2/25/2015: # 1 Exhibit Reply) (td, ). (Entered: 02/23/2015)
2015-02-23	22	ENTERED IN ERROR. . . . .REPLY to opposition to motion re 14 MOTION for Summary Judgment And Opposition To Plaintiffs Motion For Leave To Amend Original Complaint filed by UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division). (Attachments: # 1 Exhibit Exhibit 1 Vaughn Index, # 2 Exhibit Exhibit 2 Sprung Declaration)(Anderson, Rafique) Modified on 2/24/2015 (td, ). (Entered: 02/23/2015)
2015-02-24		NOTICE OF ERROR re 22 Reply to opposition to Motion; emailed to rafique.anderson@usdoj.gov, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Leave to file not yet requested and/or granted, 2. Document file prematurely. (td, ) (Entered: 02/24/2015)
2015-02-26		MINUTE ORDER. It is hereby ORDERED that the defendants shall SHOW CAUSE on or before March 3, 2015, why the reasons set forth in the defendants' Motion for Extension of Time 21 constitute excusable neglect. Signed by Judge Reggie B. Walton on February 26, 2015. (lcrbw1) (Entered: 02/26/2015)
2015-02-27		Set/Reset Deadlines: Show Cause by 3/3/2015. (mpt, ) (Entered: 02/27/2015)
2015-03-02	23	MOTION for Extension of Time to File Reply In Support Of Defendants Motion For Summary Judgment And Opposition To Plaintiffs Motion For Leave To Amend Original Complaint (Defendants Reply) by UNITED STATES DEPARTMENT OF JUSTICE(Office of Information Policy), UNITED STATES DEPARTMENT OF JUSTICE(Criminal Division) (Anderson, Rafique) Modified on 3/3/2015 (jf, ). (Entered: 03/02/2015)
2015-03-06		MINUTE ORDER granting 23 Motion for Extension of Time to File Response/Reply; granting 21 Motion for Extension of Time. Finding that the defendant has demonstrated excusable neglect regarding the filing of its Reply in support of its Motion for Summary Judgment, it is hereby ORDERED that the defendant's motion for an extension of time to file its Reply is GRANTED, and the defendant's Reply shall be deemed timely filed. Signed by Judge Reggie B. Walton on March 6, 2015. (lcrbw1) (Entered: 03/06/2015)
2015-03-17	24	ORDER denying 9 Motion. For the reasons set forth in the attached Order, it is hereby ORDERED that the plaintiff's Motion to Supplement Requested Relief in Pending Civil Action 9 is DENIED. See image for details. Signed by Judge Reggie B. Walton on March 17, 2015. (lcrbw1) (Entered: 03/17/2015)
2015-04-22	25	NOTICE OF SUBSTITUTION OF COUNSEL by Jesse Dyer Stewart on behalf of All Defendants Substituting for attorney Rafique Anderson and Robert Englund (Stewart, Jesse) (Entered: 04/22/2015)
2015-08-17	26	ORDER granting 14 Motion for Summary Judgment; denying 19 Motion for Order. In accordance with the Memorandum Opinion to be issued this same date, it is hereby ORDERED that the plaintiff's motion to amend his Complaint, as incorporated in his opposition to the defendants' Motion for Summary Judgment is DENIED. It is further ORDERED that the defendants' Motion for Summary Judgment is GRANTED. It is further ORDERED that this case is DISMISSED WITH PREJUDICE. It is further ORDERED that this case is CLOSED. Signed by Judge Reggie B. Walton on August 17, 2015. (lcrbw1) (Entered: 08/17/2015)
2015-08-17	27	MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on August 17, 2015. (lcrbw1) (Entered: 08/17/2015)
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