Case Detail

FOIA Project Annotation: Judge Beryl Howell has ruled that the Bureau of Alcohol, Tobacco, and Firearms properly withheld records about training provided to hearing officers to assess whether a Federal Firearms Licensee had violated the Gun Control Act to the extent that it might result in loss of the license under Exemption 7(E) (investigative methods and techniques). David Codrea, Len Savage, and the FFL Defense Research Center filed a FOIA request for a variety of records, including policies or guidance for hearing officers. The agency processed 6,875 pages, disclosing them in four rolling productions. By the time Howell ruled, however, the only remaining issue was the application of Exemption 7(E) to four pages. Howell found the information qualified as law enforcement records. She noted that "records created in connection with hearings carried out by the ATF under the GCA in order to determine whether an applicant for a firearm license was properly denied a license or an FFL's license was properly revoked, are plainly compiled to further the law enforcement purposes of the GCA by ensuring that firearm licenses are awarded consistent with statutory and regulatory requirements." Howell explained that "the withheld information relays information about the types of evidence sought in law enforcement investigations and thereby 'necessarily would disclose information about the underlying techniques and procedures themselves.'" The plaintiff argued that the records did not provide examples of the kinds of behavior that would result in loss of a license. Howell rejected the claim, pointing out that "this argument is short-sighted. While examples of the types of evidence probative of willful violations might be helpful as guideposts for law-abiding people, the plaintiffs ignore the obvious risk that descriptions of inculpatory evidence invite non-law-abiding people to prioritize making that evidence disappear."
Issues: Exemption 7(E) - Investigative methods or techniques

FOIA Project Annotation: Judge Beryl Howell has ruled that David Codrea, Len Savage, and FFL Defense Research Center are not entitled to attorney's fees because their lawsuit did not cause the Bureau of Alcohol, Tobacco and Firearms to respond to their request. After the agency failed to respond, Cordea, Savage, and the FFL Defense Research Center filed suit. A year after receiving the request, the agency responded, disclosing 6,875 responsive pages. Codrea, Savage, and the FFL Defense Research Center then asked for attorney's fees, asserting that their lawsuit caused the agency to respond when it did. The agency argued that several voluminous requests, particularly ones for the "Fast and Furious" records, had created a temporary backlog delaying its response to their request. Howell agreed that the agency had explained the delay and that there was no evidence that Codrea's lawsuit had caused the agency to act more quickly. She pointed out that "in the instant lawsuit, ATF fully explained both in connection with the plaintiffs' motion for attorney's fees and repeatedly during the course of litigation that the delays in its pre- and post-litigation searches were due to backlogs and the press of other work deadlines. In sum, the agency was transparent about the volume of records gathered for review as well as technical and other difficulties requiring additional time to process responsive records. The plaintiffs have not demonstrated that their litigation caused ATF to produce over 6,875 documents by March 2016, and thus the plaintiffs are not 'eligible' for an award of attorney's fees."
Issues: Litigation - Attorney's fees - Prevailing party, Litigation - Attorney's fees - Eligibility

Date Filed	Doc #	Docket Text
2015-06-23	1	COMPLAINT against BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES ( Filing fee $ 400 receipt number 0090-4148401) filed by FFL DEFENSE RESEARCH CENTER, LEN SAVAGE, DAVID CODREA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Hardy, David) (Entered: 06/23/2015)
2015-06-23	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FFL DEFENSE RESEARCH CENTER (Hardy, David) (Entered: 06/23/2015)
2015-06-23		Case Assigned to Judge Beryl A. Howell. (rd) (Entered: 06/24/2015)
2015-06-24	3	SUMMONS (1) Issued Electronically as to BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. (Attachments: # 1 Consent Form, # 2 Notice of Consent)(rd) (Entered: 06/24/2015)
2015-06-29	4	STANDING ORDER. Signed by Judge Beryl A. Howell on June 29, 2015. (lcbah3) (Entered: 06/29/2015)
2015-08-03	5	NOTICE of Appearance by Marina Utgoff Braswell on behalf of BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES (Braswell, Marina) (Entered: 08/03/2015)
2015-08-03	6	ANSWER to Complaint by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES.(Braswell, Marina) (Entered: 08/03/2015)
2015-08-17	7	Joint MOTION for Extension of Time to File status report by DAVID CODREA, FFL DEFENSE RESEARCH CENTER, LEN SAVAGE (Hardy, David) (Entered: 08/17/2015)
2015-08-18		MINUTE ORDER (paperless) GRANTING the parties' 7 Joint Motion for Extension of Time to File Status Report. Accordingly, the parties shall, by September 14, 2015, file a Joint Meet and Confer Report as directed in the Court's 4 Standing Order. Signed by Judge Beryl A. Howell on August 18, 2015. (lcbah3) (Entered: 08/18/2015)
2015-08-18		Set/Reset Deadlines: Meet & Confer Statement due by 9/14/2015. (tg) (Entered: 08/18/2015)
2015-09-14	8	Joint MOTION for Extension of Time to File status report by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES (Braswell, Marina) (Entered: 09/14/2015)
2015-09-15		MINUTE ORDER (paperless) GRANTING nunc pro tunc the parties' 8 Joint Motion for Additional Extension of Time to File Status Report. The parties shall, by September 30, 2015, file a Joint Meet and Confer Report as directed in the Court's 4 Standing Order. Signed by Judge Beryl A. Howell on September 15, 2015. (lcbah3) (Entered: 09/15/2015)
2015-09-15		Set/Reset Deadlines: Joint Meet & Confer Statement due by 9/30/2015. (tg) (Entered: 09/15/2015)
2015-09-30	9	MEET AND CONFER STATEMENT. (Braswell, Marina) (Entered: 09/30/2015)
2015-10-01		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 9 Joint Meet and Confer Statement, the parties to file, by December 30, 2015, a Joint Meet and Confer Report as directed in the Court's 4 Standing Order, para. 3(b)(ii). Signed by Judge Beryl A. Howell on October 1, 2015. (lcbah3) (Entered: 10/01/2015)
2015-10-01		Set/Reset Deadlines: Joint Meet & Confer Statement due by 12/30/2015. (tg) (Entered: 10/01/2015)
2015-12-30	10	Joint STATUS REPORT by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. (Braswell, Marina) (Entered: 12/30/2015)
2015-12-30	11	Joint MOTION for Extension of Time to File Proposed Briefing Schedule by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES (Braswell, Marina) (Entered: 12/30/2015)
2016-01-04		MINUTE ORDER (paperless) GRANTING, upon consideration of the parties' 10 and 11 Joint Status Report and Motion to Extend Time to File a Joint Meet and Confer Statement, the parties' request for an extension of time. The parties shall, by March 15, 2016, file a Joint Meet and Confer Report as directed in the Court's 4 Standing Order. Signed by Judge Beryl A. Howell on January 4, 2016. (lcbah3) (Entered: 01/04/2016)
2016-01-04		Set/Reset Deadlines: Meet & Confer Statement due by 3/15/2016. (tg) (Entered: 01/04/2016)
2016-03-28	12	NOTICE Joint Meet and Confer Statement by DAVID CODREA, FFL DEFENSE RESEARCH CENTER, LEN SAVAGE (Hardy, David) (Entered: 03/28/2016)
2016-03-29		MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 12 Joint Meet and Confer Statement, the following SCHEDULING ORDER to control the timing of proceedings in this matter: (1) the plaintiffs shall, by April 7, 2016, inform the defendant of any withholdings in dispute; (2) the defendant shall, by May 23, 2016, file a Vaughn index and any dispositive motion; (3) the plaintiffs shall, by June 22, 2016, respond to the defendant's dispositive motion; (4) the defendants shall, by July 11, 2016, file any reply. Signed by Chief Judge Beryl A. Howell on March 29, 2016. (lcbah3) (Entered: 03/29/2016)
2016-03-29		Set/Reset Deadlines: Plaintiffs to notify the defendant by 4/7/2016 of any withholdings in dispute; defendant's Vaughn Index and Dispositive Motion due by 5/23/2016; plaintiffs' Opposition to Dispositive Motion due by 6/22/2016; defendant's Reply due by 7/11/2016. (tg) (Entered: 03/29/2016)
2016-05-23	13	MOTION for Summary Judgment by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES (Attachments: # 1 Boucher Declaration)(Braswell, Marina) (Entered: 05/23/2016)
2016-06-22	14	RESPONSE re 13 MOTION for Summary Judgment filed by DAVID CODREA, FFL DEFENSE RESEARCH CENTER, LEN SAVAGE. (Attachments: # 1 Exhibit Defendant's disclosures)(Hardy, David) (Entered: 06/22/2016)
2016-07-06	15	Unopposed MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES (Braswell, Marina) (Entered: 07/06/2016)
2016-07-07		MINUTE ORDER (paperless) GRANTING the defendant's 15 Unopposed Motion for Extension of Time. The defendant shall, by July 19, 2016, file any reply in support of its 13 Motion for Summary Judgment. Signed by Chief Judge Beryl A. Howell on July 7, 2016. (lcbah3) (Entered: 07/07/2016)
2016-07-07		Set/Reset Deadlines: Defendant's Reply in Support of its 13 Motion for Summary Judgment due by 7/19/2016. (tg) (Entered: 07/07/2016)
2016-07-19	16	REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. (Attachments: # 1 Bennett Declaration)(Braswell, Marina) (Entered: 07/19/2016)
2017-03-07	17	ORDER GRANTING the defendant's 13 Motion for Summary Judgment. The Clerk is directed to close this case. See Order for Further details. Signed by Chief Judge Beryl A. Howell on March 7, 2017. (lcbah3) (Entered: 03/07/2017)
2017-03-07	18	MEMORANDUM OPINION regarding the defendant's 13 Motion for Summary Judgment. Signed by Chief Judge Beryl A. Howell on March 7, 2017. (lcbah3) (Entered: 03/07/2017)
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