Case Detail

FOIA Project Annotation: A federal court in Massachusetts has ruled that the FBI conducted an adequate search for records concerning the operation of the Joint Terrorism Task Force in Massachusetts and the number and types of investigations conducted by the FBI Boston Field Office since 2011, but that the U.S. Attorney's Office for the District of Massachusetts has failed to justify its claim that a search of its office would yield no records other than those produced by the FBI. The court also found that the FBI's Exemption 7(E) (investigative methods and techniques) claim applied to certain data about specific investigations, it did not apply to general data the agency had withheld. The ACLU of Massachusetts filed identical requests with the FBI and the U.S. Attorney's Office. While the FBI processed the request and provided records, the USAO told the ACLU that a search would be too burdensome. The ACLU did not challenge the FBI's search, but questioned its application of Exemption 7(E). The FBI withheld information about the number of agents assigned to the JTTF and administrative budget information. The court noted that "the FBI has not made the threshold showing that the withheld information, none more recent than 2014, would disclose 'techniques and procedures' for law enforcement investigations or prosecutions. The historic, generic staffing and budget information withheld by the FBI, such as the number of parking sports allocated to the Massachusetts JTTF or the maximum overtime pay, does not disclose how the Massachusetts JTTF actually goes about investigating crimes." The agency had also withheld information about open investigations." Distinguishing the level of detail, the court pointed out that "the FBI may not use Exemption 7(E) to withhold the total number of active/open investigations. . .but it may use Exemption 7(E) to withhold more granular data. . .The total number of open investigations is, again, too generic to constitute a technique or procedure of law enforcement; it does not disclose how the FBI's Boston Field Office investigates crimes or disclose any investigative trends. The more specific data. . .however, does disclose how the FBI's Boston Field Office goes about investigating crimes. The information redacted [in the document] shows what activities trigger a full investigation as opposed to a preliminary investigation assessment, as well as what types of cases the FBI is focusing on." The court found USAO was required to conduct its own independent search. The court observed that "while it may be true that the responsive records are most likely to be located in the FBI's files, the [USAO's affidavit] does not show that they are so unlikely to be found in the USAO's files that no search is required." The court added that "the [agency affidavit] does not sufficiently explain the burden that a search would impose on the USAO. . .The USAO cannot avoid a search simply because the documents are hard copy and may be located in different locations."
Issues: Adequacy - Search, Exemption 7(E) - Investigative methods or techniques

Date Filed	Doc #	Docket Text
2014-04-10	1	COMPLAINT against U.S. Attorney for the District of Massachusetts, Carmen Ortiz, Federal Bureau of Investigation Filing fee: $ 400, receipt number 0101-4961234 (Fee Status: Filing Fee paid), filed by American Civil Liberties Union Foundation of Massachusetts. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet, # 6 Category Form)(Deck, Laura) (Entered: 04/10/2014)
2014-04-10	2	CORPORATE DISCLOSURE STATEMENT by American Civil Liberties Union Foundation of Massachusetts. (Deck, Laura) (Entered: 04/10/2014)
2014-04-10	3	NOTICE of Case Assignment. Magistrate Judge Marianne B. Bowler assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded here . These documents will be mailed to counsel not receiving notice electronically. (Abaid, Kimberly) (Entered: 04/10/2014)
2014-04-10	4	Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Geraldino-Karasek, Clarilde) (Entered: 04/10/2014)
2014-04-10	5	NOTICE of Appearance by Jessie J. Rossman on behalf of American Civil Liberties Union Foundation of Massachusetts (Rossman, Jessie) (Entered: 04/10/2014)
2014-04-11	6	NOTICE of Appearance by Laura Rotolo on behalf of American Civil Liberties Union Foundation of Massachusetts (Rotolo, Laura) (Entered: 04/11/2014)
2014-04-11	7	Magistrate Judge Marianne B. Bowler: ORDER entered. ORDER OF RECUSAL.(Garvin, Brendan) (Entered: 04/11/2014)
2014-04-11	8	ELECTRONIC NOTICE of Reassignment. Judge F. Dennis Saylor, IV added. Magistrate Judge Marianne B. Bowler no longer assigned to case. (Abaid, Kimberly) (Entered: 04/11/2014)
2014-04-11	9	If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Abaid, Kimberly) (Entered: 04/11/2014)
2014-05-14	10	NOTICE of Appearance by Jennifer A. Serafyn on behalf of Federal Bureau of Investigation, Carmen Ortiz (Serafyn, Jennifer) (Entered: 05/14/2014)
2014-05-14	11	Assented to MOTION for Extension of Time to May 30, 2014 to File Answer re 1 Complaint, or Otherwise Respond to Plaintiff's Complaint by Federal Bureau of Investigation, Carmen Ortiz.(Serafyn, Jennifer) (Entered: 05/14/2014)
2014-05-15	12	AFFIDAVIT OF SERVICE Executed by American Civil Liberties Union Foundation of Massachusetts. U.S. Department of Justice served on 4/17/2014, answer due 5/8/2014. Acknowledgement filed by American Civil Liberties Union Foundation of Massachusetts. (Deck, Laura) (Entered: 05/15/2014)
2014-05-15	13	AFFIDAVIT OF SERVICE Executed by American Civil Liberties Union Foundation of Massachusetts. Carmen Ortiz served on 4/14/2014, answer due 5/5/2014. Acknowledgement filed by American Civil Liberties Union Foundation of Massachusetts. (Deck, Laura) (Entered: 05/15/2014)
2014-05-19	14	Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting 11 Motion for Extension of Time to Answer re 1 Complaint. Federal Bureau of Investigation answer due 5/30/2014; Carmen Ortiz answer due 5/30/2014. (Cicolini, Pietro) (Entered: 05/19/2014)
2014-05-29	15	Assented to MOTION for Extension of Time to June 6, 2014 to File Answer re 1 Complaint, by Federal Bureau of Investigation, Carmen Ortiz.(Serafyn, Jennifer) (Entered: 05/29/2014)
2014-05-30	16	Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting 15 Motion for Extension of Time to Answer re 1 Complaint. Federal Bureau of Investigation answer due 6/6/2014; Carmen Ortiz answer due 6/6/2014. (Cicolini, Pietro) (Entered: 05/30/2014)
2014-06-05	17	NOTICE by Federal Bureau of Investigation, Carmen Ortiz, U.S. Department of Justice of Substitution (Serafyn, Jennifer) (Entered: 06/05/2014)
2014-06-05	18	ANSWER to 1 Complaint, by Federal Bureau of Investigation, Carmen Ortiz, U.S. Department of Justice.(Serafyn, Jennifer) (Entered: 06/05/2014)
2014-06-12	19	NOTICE of Scheduling Conference Scheduling Conference set for 7/21/2014 at 2:30 PM in Courtroom 2 before Judge F. Dennis Saylor IV. (Attachments: # 1 Text of Proposed Order)(Cicolini, Pietro) (Entered: 06/12/2014)
2014-07-09	20	NOTICE of Appearance by Tera Brereton Lally on behalf of American Civil Liberties Union Foundation of Massachusetts (Lally, Tera) (Entered: 07/09/2014)
2014-07-14	21	Assented to MOTION for Extension of Time to Appear for Scheduling Conference by American Civil Liberties Union Foundation of Massachusetts.(Deck, Laura) (Entered: 07/14/2014)
2014-07-18	22	Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting 21 Motion for Extension of Time to Appear for Scheduling Conference. (Maynard, Timothy) (Entered: 07/18/2014)
2014-07-18	23	ELECTRONIC NOTICE Canceling Hearing. Scheduling Conference set for 7/21/2014 at 2:30 PM is CANCELED. New date will follow. (Maynard, Timothy) (Entered: 07/18/2014)
2014-07-21	24	ELECTRONIC NOTICE of Scheduling Conference set for 7/28/2014 at 2:40 PM in Courtroom 2 before Judge F. Dennis Saylor IV. (Cicolini, Pietro) (Entered: 07/21/2014)
2014-07-21	25	Joint MOTION for Relief from Scheduling Order and for Adjournment of July 28, 2014 Pre-Trial Conference by American Civil Liberties Union Foundation of Massachusetts.(Lally, Tera) (Entered: 07/21/2014)
2014-07-22	26	Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting the joint 25 motion for relief from scheduling order and for adjournment of the July 28, 2014, scheduling conference. The proposed schedule and deadlines in the joint motion are adopted. Status reports are due on August 4, 2014; September 2, 2014; and September 16, 2014. (Cicolini, Pietro) (Entered: 07/22/2014)
2014-07-22	27	ELECTRONIC NOTICE Canceling Hearing. The scheduling conference on July 28, 2014, is canceled. (Cicolini, Pietro) (Entered: 07/22/2014)
2014-07-22	28	ELECTRONIC NOTICE of Hearing. Status Conference set for 9/17/2014 at 2:10 PM in Courtroom 2 before Judge F. Dennis Saylor IV. (Cicolini, Pietro) (Entered: 07/22/2014)
2014-08-04	29	STATUS REPORT (FILED JOINTLY) by Federal Bureau of Investigation, Carmen Ortiz, U.S. Department of Justice. (Serafyn, Jennifer) (Entered: 08/04/2014)
2014-09-02	30	STATUS REPORT - Joint Status Report by American Civil Liberties Union Foundation of Massachusetts. (Deck, Laura) (Entered: 09/02/2014)
2014-09-16	31	STATUS REPORT - Joint Status Report by American Civil Liberties Union Foundation of Massachusetts. (Deck, Laura) (Entered: 09/16/2014)
2014-09-17	32	ELECTRONIC Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 9/17/2014. Counsel update the Court on the status of the case. A status report is due 9/30/2014 and 10/30/2014. The Court sets a further status conference for 11/7/2014 at 2:30 PM in Courtroom 2 before Judge F. Dennis Saylor IV. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Rossman and Deck for the plaintiff, Serafyn for the defendants) (Gaudet, Jennifer) (Entered: 09/17/2014)
2014-09-30	33	NOTICE of Appearance by William D. Dalsen on behalf of American Civil Liberties Union Foundation of Massachusetts (Dalsen, William) (Entered: 09/30/2014)
2014-09-30	34	STATUS REPORT (FILED JOINTLY) by U.S. Department of Justice. (Serafyn, Jennifer) (Entered: 09/30/2014)
2014-09-30	35	Consent MOTION to Withdraw as Attorney - Motion to Withdraw the Appearance of Tera Brereton Lally by American Civil Liberties Union Foundation of Massachusetts.(Dalsen, William) (Entered: 09/30/2014)
2014-10-01	36	Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting 35 Motion to Withdraw as Attorney. Attorney Tera Brereton Lally terminated (Maynard, Timothy) (Entered: 10/01/2014)
2014-10-30	37	STATUS REPORT (Joint) by U.S. Department of Justice. (Serafyn, Jennifer) (Entered: 10/30/2014)
2014-10-30	38	Joint MOTION to Continue Nov. 7 Status Conference to Nov. 12 or 13 by U.S. Department of Justice.(Serafyn, Jennifer) (Entered: 10/30/2014)
2014-10-31	39	Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered granting 38 Motion to Continue Status Conference set for 11/12/2014 10:00 AM in Courtroom 2 before Judge F. Dennis Saylor IV. (Maynard, Timothy) (Entered: 10/31/2014)
2014-11-12	40	ELECTRONIC Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 11/12/2014. Counsel informed Court as to status of case. Plaintiff requested a schedule for summary judgment briefing on FOIA requests A and B. The Court set the following deadlines concerning Parts A and B of the FOIA request: motion for summary judgment shall be filed by July 24, 2015, and any response shall be filed by August 21, 2015. The Court also sets a further status conference for 3/2/2015 at 2:00 p.m. in Courtroom 2 before Judge F. Dennis Saylor IV.( Status Conference set for 3/2/2015 02:00 PM in Courtroom 2 before Judge F. Dennis Saylor IV.). (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Dalsen, Rotolo, Serafyn) (Pezzarossi, Lisa) (Entered: 11/13/2014)
2015-02-23	41	ELECTRONIC NOTICE of Reassignment. Judge Allison D. Burroughs added. Judge F. Dennis Saylor, IV no longer assigned to case. (Abaid, Kimberly) (Entered: 02/23/2015)
2015-02-24	42	ELECTRONIC NOTICE OF RESCHEDULING Status Conference RESET for 3/17/2015 11:00 AM in Courtroom 17 before Judge Allison D. Burroughs. (Folan, Karen) (Entered: 02/24/2015)
2015-03-26	43	ELECTRONIC Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Status Conference held on 3/17/2015. Parties inform court as to status of the case. Deadlines previously set by Judge Saylor are Motions for summary judgment - 7/24/15, Responses - 8/21/15. Further Status Conference set for 5/6/2015 02:00 PM in Courtroom 17 before Judge Allison D. Burroughs. (Court Reporter: Carol Scott at carollynnscott@cs.com.)(Attorneys present: Rossman, Dalsen, Serafyn) (Folan, Karen) (Entered: 03/27/2015)
2015-05-05	45	Assented to MOTION to Continue May 6 status conference to a date after May 22 by U.S. Department of Justice.(Serafyn, Jennifer) (Entered: 05/05/2015)
2015-05-06	46	Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 45 Motion to Continue Status Conference reset for 5/26/2015 10:00 AM in Courtroom 17 before Judge Allison D. Burroughs. (Folan, Karen) (Entered: 05/06/2015)
2015-05-26	47	ELECTRONIC Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Status Conference held on 5/26/2015. Colloquy re: declaration and requests for documents. Further Status Conference set for 6/25/2015 11:00 AM in Courtroom 17 before Judge Allison D. Burroughs. (Court Reporter: Carol Scott at carollynnscott@cs.com.)(Attorneys present: Deck, Dalsen, Serafyn) (Folan, Karen) (Entered: 05/28/2015)
2015-06-05	48	NOTICE of Withdrawal of Appearance by Laura E. Deck (Deck, Laura) (Entered: 06/05/2015)
2015-06-25	50	ELECTRONIC Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Status Conference held on 6/25/2015. Defendant's Summary Judgment motions and Vaughn index by 7/24/15, Cross motions by 8/24/15. Government to complaet review of Category C documents by January 8, 2016. (Court Reporter: Carol Scott at carollynnscott@cs.com.)(Attorneys present: Rossman, Dalsen, Serafyn) (Folan, Karen) (Entered: 07/15/2015)
2015-07-24	51	MOTION for Summary Judgment as to the Federal Bureau of Investigation by Federal Bureau of Investigation, Carmen Ortiz, U.S. Department of Justice.(Serafyn, Jennifer) (Entered: 07/24/2015)
2015-07-24	52	MEMORANDUM in Support re 51 MOTION for Summary Judgment as to the Federal Bureau of Investigation filed by Federal Bureau of Investigation, Carmen Ortiz, U.S. Department of Justice. (Serafyn, Jennifer) (Entered: 07/24/2015)
2015-07-24	53	DECLARATION re 51 MOTION for Summary Judgment as to the Federal Bureau of Investigation , 52 Memorandum in Support of Motion by Federal Bureau of Investigation, Carmen Ortiz, U.S. Department of Justice. (Attachments: # 1 Exhibit)(Serafyn, Jennifer) (Main Document 53 replaced on 7/29/2015) (Montes, Mariliz). (Attachment 1 replaced on 7/29/2015) (Montes, Mariliz). (Entered: 07/24/2015)
2015-07-29	54	Notice of correction to docket made by Court staff. Correction: Docket 53 corrected by detaching Exhibits and re-filing as an attachment. (Montes, Mariliz) (Entered: 07/29/2015)
2015-07-29	55	CERTIFICATE OF SERVICE pursuant to LR 5.2 by Federal Bureau of Investigation, Carmen Ortiz, U.S. Department of Justice re 53 Declaration, . (Serafyn, Jennifer) (Entered: 07/29/2015)
2015-08-24	56	MOTION for Summary Judgment and an Order Compelling USAO to Search for and Produce Records by American Civil Liberties Union Foundation of Massachusetts.(Dalsen, William) (Entered: 08/24/2015)
2015-08-24	57	MEMORANDUM in Support re 56 MOTION for Summary Judgment and an Order Compelling USAO to Search for and Produce Records filed by American Civil Liberties Union Foundation of Massachusetts. (Dalsen, William) (Entered: 08/24/2015)
2015-08-24	58	Statement of Material Facts L.R. 56.1 re 56 MOTION for Summary Judgment and an Order Compelling USAO to Search for and Produce Records filed by American Civil Liberties Union Foundation of Massachusetts. (Dalsen, William) (Entered: 08/24/2015)
2015-08-24	59	AFFIDAVIT in Support re 56 MOTION for Summary Judgment and an Order Compelling USAO to Search for and Produce Records - Declaration of Laura Rtolo filed by American Civil Liberties Union Foundation of Massachusetts. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Dalsen, William) (Entered: 08/24/2015)
2015-08-24	60	Opposition re 51 MOTION for Summary Judgment as to the Federal Bureau of Investigation and Cross-Motion for Summary Judgment against the Federal Bureau of Investigation filed by American Civil Liberties Union Foundation of Massachusetts. (Rossman, Jessie) (Entered: 08/24/2015)
2015-08-24	61	MEMORANDUM in Opposition re 51 MOTION for Summary Judgment as to the Federal Bureau of Investigation and in Support of Cross-Motion filed by American Civil Liberties Union Foundation of Massachusetts. (Attachments: # 1 Appendix A)(Rossman, Jessie) (Entered: 08/24/2015)
2015-08-24	62	DECLARATION re 60 Opposition to Motion, Declaration of Jessie J. Rossman by American Civil Liberties Union Foundation of Massachusetts. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26)(Rossman, Jessie) (Entered: 08/24/2015)
2015-09-23	63	Assented to MOTION for Extension of Time to October 9, 2015 to File Its Opposition to Plaintiff's Cross-Motion for Summary Judgment and Motion for Summary Judgment by U.S. Department of Justice.(Serafyn, Jennifer) (Entered: 09/23/2015)
2015-09-24	64	Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 63 Motion for Extension of Time to 10/9/15 to respond to motions for summary judgment. (Folan, Karen) (Entered: 09/24/2015)
2015-09-25	65	Reset Deadlines as to 51 MOTION for Summary Judgment as to the Federal Bureau of Investigation , 56 MOTION for Summary Judgment and an Order Compelling USAO to Search for and Produce Records . Responses due by 10/9/2015; Replies due by 10/23/2015. (Montes, Mariliz) (Entered: 09/25/2015)
2015-10-09	66	Opposition re 56 MOTION for Summary Judgment and an Order Compelling USAO to Search for and Produce Records filed by U.S. Department of Justice. (Serafyn, Jennifer) (Entered: 10/09/2015)
2015-10-09	67	DECLARATION of AUSA Jennifer A. Serafyn in Support of 66 DOJ's Opposition to 56 Motion for Summary Judgment by U.S. Department of Justice. (Attachments: # 1 Exhibit A - A Copy of December 9, 2013 Letter from ACLU to US Attorney Carmen M. Ortiz, # 2 Exhibit B - A Copy of the Declaration of AUSA James B. Farmer, # 3 Exhibit C)(Serafyn, Jennifer) (Entered: 10/09/2015)
2015-10-09	68	REPLY to Response to 51 MOTION for Summary Judgment as to the Federal Bureau of Investigation (Department of Justice's Opposition to 60 ACLU's Cross-Motion for Summary Judgment Against the Federal Bureau of Investigation) filed by U.S. Department of Justice. (Serafyn, Jennifer) (Entered: 10/09/2015)
2015-10-16	69	Assented to MOTION for Extension of Time to November 6, 2015 to File Response/Reply as to 56 MOTION for Summary Judgment and an Order Compelling USAO to Search for and Produce Records , 61 Memorandum in Opposition to Motion, and Cross-Motion for Summary Judgment against the FBI by American Civil Liberties Union Foundation of Massachusetts.(Dalsen, William) (Entered: 10/16/2015)
2015-10-21	70	Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 69 Motion for Extension of Time to File Response/Reply re 56 MOTION for Summary Judgment and an Order Compelling USAO to Search for and Produce Records Responses due by 11/6/2015 (Folan, Karen) (Entered: 10/21/2015)
2015-11-06	71	REPLY to Response to 56 MOTION for Summary Judgment and an Order Compelling USAO to Search for and Produce Records filed by American Civil Liberties Union Foundation of Massachusetts. (Dalsen, William) (Entered: 11/06/2015)
2015-11-06	72	REPLY to Response to 51 MOTION for Summary Judgment as to the Federal Bureau of Investigation filed by American Civil Liberties Union Foundation of Massachusetts. (Rossman, Jessie) (Entered: 11/06/2015)
2016-01-07	73	NOTICE by American Civil Liberties Union Foundation of Massachusetts of Unavailability of Counsel (Dalsen, William) (Entered: 01/07/2016)
2016-01-08	74	ELECTRONIC NOTICE Setting Hearing on Motion 51 MOTION for Summary Judgment as to the Federal Bureau of Investigation , 56 MOTION for Summary Judgment and an Order Compelling USAO to Search for and Produce Records : Motion Hearing set for 1/28/2016 10:30 AM in Courtroom 17 before Judge Allison D. Burroughs. (Folan, Karen) (Entered: 01/08/2016)
2016-01-27	75	STATUS REPORT by U.S. Department of Justice. (Serafyn, Jennifer) (Entered: 01/27/2016)
2016-01-28	76	Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Motion Hearing held on 1/28/2016 re 56 MOTION for Summary Judgment and an Order Compelling USAO to Search for and Produce Records filed by American Civil Liberties Union Foundation of Massachusetts, 51 MOTION for Summary Judgment as to the Federal Bureau of Investigation filed by U.S. Department of Justice, Carmen Ortiz, Federal Bureau of Investigation. Oral arguments by the parties. Court takes motions under advisement. (Court Reporter: Carol Scott at carollynnscott@cs.com.)(Attorneys present: Rossman, Dalsen, Serafyn) (Folan, Karen) (Entered: 01/28/2016)
2016-08-17	77	Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. For the reasons stated herein, the Court finds that the FBI has performed a reasonable, adequate search for records responsive to Requests A and B. Further, with the exception of Exemption 7(E), the FBI has properly invoked FOIAs exemptions. The FBI should promptly produce the materials improperly withheld under Exemption 7(E), after which it will have completely fulfilled its obligations to respond to Requests A and B. In addition, the Court finds that the ACLUM is entitled to summary judgment as to the USAO, and the USAO is directed to conduct a reasonable search to locate records responsive to Requests A and B. The parties should submit a joint status report in 60 days. (Folan, Karen) (Entered: 08/17/2016)
2016-09-28	78	Set Deadlines: Joint Status Report due by 10/6/2016 (Montes, Mariliz) (Entered: 09/28/2016)
2016-09-28	79	Entered in error by Court staff. Regenerated. (Entered: 09/28/2016)
2016-10-06	80	STATUS REPORT - Joint Status Report by American Civil Liberties Union Foundation of Massachusetts. (Dalsen, William) (Entered: 10/06/2016)
2016-12-12	81	STATUS REPORT - Joint Status Report by American Civil Liberties Union Foundation of Massachusetts. (Dalsen, William) (Entered: 12/12/2016)
2016-12-16	82	STATUS REPORT - Joint Status Report by American Civil Liberties Union Foundation of Massachusetts. (Dalsen, William) (Entered: 12/16/2016)
2016-12-22	83	MOTION for Reconsideration re 77 Memorandum & ORDER,,,, Terminate Motions,,, by Federal Bureau of Investigation.(Serafyn, Jennifer) (Entered: 12/22/2016)
2016-12-22	84	MEMORANDUM in Support re 83 MOTION for Reconsideration re 77 Memorandum & ORDER,,,, Terminate Motions,,, filed by Federal Bureau of Investigation. (Serafyn, Jennifer) (Entered: 12/22/2016)
2017-01-03	85	Assented to MOTION for Extension of Time to January 20, 2017 to File Response/Reply as to 83 MOTION for Reconsideration re 77 Memorandum & ORDER,,,, Terminate Motions,,, by American Civil Liberties Union Foundation of Massachusetts.(Dalsen, William) (Entered: 01/03/2017)
2017-01-03	86	Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 85 Motion for Extension of Time to File Response/Reply re 83 MOTION for Reconsideration re 77 Memorandum & ORDER,,,, Terminate Motions,,, Responses due by 1/20/2017 (Folan, Karen) (Entered: 01/03/2017)
2017-01-05	87	DECLARATION re 83 MOTION for Reconsideration re 77 Memorandum & ORDER,,,, Terminate Motions,,, by U.S. Department of Justice. (Serafyn, Jennifer) (Entered: 01/05/2017)
2017-01-20	88	STATUS REPORT by U.S. Department of Justice. (Serafyn, Jennifer) (Entered: 01/20/2017)
2017-01-20	89	Opposition re 83 MOTION for Reconsideration re 77 Memorandum & ORDER,,,, Terminate Motions,,, filed by American Civil Liberties Union Foundation of Massachusetts. (Rossman, Jessie) (Entered: 01/20/2017)
2017-01-20	90	DECLARATION re 89 Opposition to Motion for Reconsideration by American Civil Liberties Union Foundation of Massachusetts. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Rossman, Jessie) (Entered: 01/20/2017)
2017-03-31	91	Assented to MOTION for Extension of Time to May 15, 2017 to File Vaughn Index as to Request C by Federal Bureau of Investigation.(Serafyn, Jennifer) (Entered: 03/31/2017)
2017-03-31	92	Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 91 Motion for Extension of Time to File (Folan, Karen) (Entered: 03/31/2017)
2017-05-02	93	Assented to MOTION for a Status Conference by American Civil Liberties Union Foundation of Massachusetts.(Dalsen, William) (Entered: 05/02/2017)
2017-05-02	94	Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 93 Motion for a status conference. (Folan, Karen) (Entered: 05/02/2017)
2017-05-02	95	ELECTRONIC NOTICE of Hearing. Status Conference set for 5/18/2017 10:00 AM in Courtroom 17 before Judge Allison D. Burroughs. (Folan, Karen) (Entered: 05/02/2017)
2017-05-15	96	Assented to MOTION for Extension of Time to May 30, 2017 to File Classified Declaration by Federal Bureau of Investigation.(Serafyn, Jennifer) (Entered: 05/15/2017)
2017-05-15	97	DECLARATION of David M. Hardy by Federal Bureau of Investigation. (Attachments: # 1 Exhibit A through I to 2nd Hardy Decl.)(Serafyn, Jennifer) (Entered: 05/15/2017)
2017-05-16	98	Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 96 Motion for Extension of Time to File (Folan, Karen) (Entered: 05/16/2017)
2017-05-18	99	Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Status Conference held on 5/18/2017. Colloquy re: motion for reconsideration. Plaintiff to file summary judgment motion by 10/6/17. Parties will let court know if no summary judgment motion will be filed. (Motion Hearing set for 6/8/2017 09:30 AM in Courtroom 17 before Judge Allison D. Burroughs.) (Court Reporter: Catherine Handel at hhcatherine2@yahoo.com.)(Attorneys present: Rossman, Dalsen, Serafyn) (Folan, Karen) (Entered: 05/18/2017)
2017-06-08	100	Judge Allison D. Burroughs: ELECTRONIC ORDER entered Defendant, FBI's 83 Motion for Reconsideration 77 Memorandum & ORDER is GRANTED IN PART and DENIED IN PART . Defendants may withhold some additional information consistent with the discussion on the record on June 8, 2017. (Montes, Mariliz) (Entered: 06/08/2017)
2017-07-06	101	EXHIBIT re 97 Declaration Vaughn Index by Federal Bureau of Investigation. (Serafyn, Jennifer) (Entered: 07/06/2017)
2017-07-31	102	DECLARATION of Jennifer A. Serafyn by U.S. Department of Justice. (Serafyn, Jennifer) (Entered: 07/31/2017)
2017-10-06	103	STATUS REPORT by American Civil Liberties Union Foundation of Massachusetts. (Dalsen, William) (Entered: 10/06/2017)
2018-03-29	104	Set Deadlines/Hearings: Status Report due by 4/9/2018 (McDonagh, Christina) (Entered: 03/29/2018)
2018-04-09	105	STATUS REPORT - Joint Status Report by American Civil Liberties Union Foundation of Massachusetts. (Dalsen, William) (Entered: 04/09/2018)
2018-04-10	106	Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Acknowledging re 105 Status Report. Next Status Report due by May 25, 2018 . ( Status Report due by 5/25/2018)(McDonagh, Christina) (Entered: 04/10/2018)
2018-05-25	107	STATUS REPORT by American Civil Liberties Union Foundation of Massachusetts. (Dalsen, William) (Entered: 05/25/2018)
2018-07-10	108	STATUS REPORT (Joint) by Federal Bureau of Investigation, U.S. Department of Justice. (Serafyn, Jennifer) (Entered: 07/10/2018)
2018-07-11	109	ELECTRONIC ENDORSEMENT APPROVING 108 Status Report filed by U.S. Department of Justice, Federal Bureau of Investigation, Set Deadlines: Status Report due by 8/10/2018 (Folan, Karen) (Entered: 07/11/2018)
2018-08-10	110	STATUS REPORT by American Civil Liberties Union Foundation of Massachusetts. (Dalsen, William) (Entered: 08/10/2018)
2018-09-24	111	STATUS REPORT - Joint Status Report by American Civil Liberties Union Foundation of Massachusetts. (Dalsen, William) (Entered: 09/24/2018)
2018-09-25	112	ELECTRONIC ENDORSEMENT APPROVING 111 Status Report filed by American Civil Liberties Union Foundation of Massachusetts (Folan, Karen) (Entered: 09/25/2018)
2018-10-18	113	STIPULATION of Dismissal with Prejudice by American Civil Liberties Union Foundation of Massachusetts. (Dalsen, William) (Entered: 10/18/2018)
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