Case Detail

FOIA Project Annotation: A federal court in New Jersey has ruled that the FBI conducted an adequate search for records concerning Tokyo Gatson, whose conviction on federal charges relating to conspiracy to transport stolen property was pending on appeal, and that the agency properly asserted a number of exemptions when it withheld more than 1,500 of the 1,750 responsive pages it located. Gatson requested records about himself, the "James Bond Gang," 13 FBI agents, and his prison cellmates. The FBI split the request into two separate requests, one on Gatson, and the other on the "James Bond Gang." It used a number of Gatson's known aliases, as well as date of birth and other specific identifying information in conducting its searches. Although Gatson contended that the search was inadequate, the court found that both the search and the agency's Vaughn index explanations were sufficient. Because Gatson's appeal of his conviction was still pending, the court agreed with the FBI that the many of the records could be withheld under Exemption 7(A) (interference with ongoing investigation or proceeding). The court pointed out that the FBI "also states that the release of records exchanged between the FBI and other law enforcement agencies could harm pending proceedings by revealing the scope, focus, and targets of those investigations, thereby permitting suspects to potentially destroy evidence or alter their behavior." The court approved the agency's Exemption 3 (other statutes) claims, including Rule 6(e) on grand jury secrecy, wiretapping under Title III, the Bank Secrecy Act, and the Pen Register Statute. The court accepted all the claims the agency made under Exemption 7(E) (investigative methods and techniques), including intra-agency email addresses, private intranet web addresses, and "a secure internal email tool." Here, the court noted that "the release of this information could permit suspects to circumvent the law by gaining unauthorized access to and manipulating data within the FBI's non-public intranet. Additionally, disclosure of FBI employees' internal emails could expose them to harassing communications."
Issues: Adequacy - Search, Exemption 3 - Statutory prohibition of disclosure, Exemption 7(A) - Interference with ongoing investigation

Date Filed	Doc #	Docket Text
2015-07-01	1	Complaint Received. (Attachments: # 1 Exhibit, # 2 Cover Letter, # 3 Application IFP, # 4 Proposed IFP Order, # 5 Envelope)(seb) (Entered: 07/06/2015)
2015-07-08	2	ORDER that Plaintiffs application to proceed informa pauperis is hereby granted; that the Clerk of the Court shall file the Complaint without prepayment of the filing fee; that the Clerk of the Court shall issue a summons and the U.S. Marshals shall serve a copy of the complaint, summons, and this order upon the Defendant. Signed by Judge Claire C. Cecchi on 7/8/15. (DD, ) (Entered: 07/09/2015)
2015-07-08		COMPLAINT see document 1 against FEDERAL BUREAU OF INVESTIGATION [IFP GRANTED], filed by TOKYO GATSON.(DD, ) (Entered: 07/09/2015)
2015-07-09	3	CLERK'S LETTER: Transmittal of USM 285 Forms. (DD, ) (Entered: 07/09/2015)
2015-08-05	4	SUMMONS ISSUED as to FEDERAL BUREAU OF INVESTIGATION Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *MARIA F. GARCIA* (mfg) (Entered: 08/05/2015)
2015-08-19	5	SUMMONS Returned Executed by TOKYO GATSON. FEDERAL BUREAU OF INVESTIGATION served on 8/7/2015, answer due 10/6/2015. (nr, ) (Entered: 08/25/2015)
2015-09-10	6	Letter with attached proposed order for entry of default judgment by Mr. Tokyo Gatson (Service is incomplete and there is no request for entry of default) (nr, ) (Entered: 09/14/2015)
2015-09-17	7	Letter from the FBI responding to plaintiff's request for default. (VASSALLO, KRISTIN) (Entered: 09/17/2015)
2015-09-21	8	SUMMONS Returned Executed by TOKYO GATSON. U.S. Attorney served on 9/1/2015, answer due 11/2/2015. (nr, ) (Entered: 09/23/2015)
2015-09-28	9	Application and Proposed Order for Clerk's Order to extend time to answer as to defendant FBI. Attorney KRISTIN LYNN VASSALLO for FEDERAL BUREAU OF INVESTIGATION added. (Attachments: # 1 Certificate of Service)(VASSALLO, KRISTIN) (Entered: 09/28/2015)
2015-09-29		Clerk`s Text Order - The document 9 Application for Clerk's Order to Ext Answer/Proposed Order submitted by FEDERAL BUREAU OF INVESTIGATION has been GRANTED. The answer due date has been set for 10/15/2015. (nr, ) (Entered: 09/29/2015)
2015-09-30	10	Certified Mail Receipt Returned of summons and complt. sent to F.B.I. on 9/22/2015 (nr, ) (Entered: 10/01/2015)
2015-10-01	11	Request for Default by TOKYO GATSON against Federal Bureau of Investigation. (Deft's have made an appearance) (nr, ) (Entered: 10/06/2015)
2015-10-15	12	ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Certificate of Service)(VASSALLO, KRISTIN) (Entered: 10/15/2015)
2015-10-26	13	LETTER ORDER - Setting an Initial Conference for 12/14/2015 at 11:00 AM in Newark - Courtroom 1 before Magistrate Judge James B. Clark. Signed by Magistrate Judge James B. Clark on 10/26/2015. (mw, ) (Entered: 10/26/2015)
2015-11-23	14	Letter from the Government regarding Rule 16 conference and seeking a motion schedule. (VASSALLO, KRISTIN) (Entered: 11/23/2015)
2015-12-14	15	SCHEDULING ORDER: Amended Pleadings due by 1/15/2016. Motions due by 1/29/2016. Signed by Magistrate Judge James B. Clark on 12/14/2015. (nr, ) (Entered: 12/15/2015)
2015-12-16	16	Letter from Tokyo Gatson in response to a letter/motion I received from the FBI regarding summary judgment motion (nr, ) (Entered: 12/23/2015)
2016-01-04	17	LETTER ORDER denying as moot pltf's request for various types of relief requested in his letter of 12/12/2015. Signed by Magistrate Judge James B. Clark on 1/4/2016. (nr, ) (Entered: 01/04/2016)
2016-01-06	18	MOTION to Compel production of documents by TOKYO GATSON. (nr, ) (Entered: 01/13/2016)
2016-01-06	19	Letter from Toyko Gatson in response to the Government's letter brief(nr, ) (Entered: 01/13/2016)
2016-01-13		Set/Reset Deadlines as to 18 MOTION to Compel. Motion set for 2/16/2016 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (nr, ) (Entered: 01/13/2016)
2016-01-15	21	SUMMONS Returned Executed on Officer Jonathan Sullivan c/o Bayonne Police Department, Internal Affairs by TOKYO GATSON. (Not a deft. in this action) (nr, ) (Entered: 01/20/2016)
2016-01-19	20	Letter from the FBI requesting an extension of time to file summary judgment motion. (VASSALLO, KRISTIN) (Entered: 01/19/2016)
2016-01-22	22	ORDER denying as moot pltf's 18 Motion to Compel. Signed by Magistrate Judge James B. Clark on 1/22/2016. (nr, ) (Entered: 01/22/2016)
2016-01-25	23	ORDER that deft's deadline to file a dispositive motion and it's Vaughn Index is 4/22/2016. Signed by Magistrate Judge James B. Clark on 1/25/2016. (nr, ) (Entered: 01/25/2016)
2016-02-04	24	Letter from Mr. Toyko Gatson requesting that the Court deny the deft's request for an extension of time to submit a Vaughn Index (nr, ) (Entered: 02/04/2016)
2016-03-01	25	TEXT ORDER REASSIGNING CASE. Case reassigned to Judge John Michael Vazquez for all further proceedings. Judge Claire C. Cecchi no longer assigned to case. So Ordered by Chief Judge Jerome B. Simandle on 3/1/16. (ak, ) (Entered: 03/03/2016)
2016-04-21	26	Letter from the Government requesting permission to submit a summary judgment brief in excess of the page limits in Local Civil Rule 7.2. (VASSALLO, KRISTIN) (Entered: 04/21/2016)
2016-04-22	27	TEXT ORDER: Granting Government's letter request D.E.26 seeking leave to file a brief in excess of the page limit allowed under Local Civil Rule 7.2(d). So Ordered by Judge John Michael Vazquez on 4/22/16. (rg, ) (Entered: 04/22/2016)
2016-04-22	28	MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION. Responses due by 5/2/2016 (Attachments: # 1 Notice to Pro Se Litigant Opposing Summary Judgment, # 2 Certificate of Service, # 3 Brief, # 4 Notice of Ex Parte In Camera Filing, # 5 Statement of Material Facts, # 6 Text of Proposed Order, # 7 Declaration of David Hardy, # 8 Exhibit Hardy Declaration Exhibits A-P)(VASSALLO, KRISTIN) (Entered: 04/22/2016)
2016-04-25		Set/Reset Deadlines as to 28 MOTION for Summary Judgment . Motion set for 5/16/2016 before Judge John Michael Vazquez. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (nr, ) (Entered: 04/25/2016)
2016-05-09	29	MOTION for Continuance of Summary Judgment to Permit Discovery by TOKYO GATSON. (Attachments: # 1 Cover Letter)(seb) (Entered: 05/12/2016)
2016-05-12		Set Deadlines as to 29 MOTION for Continuance of Summary Judgment to Permit Discovery. Motion set for 6/6/2016 before Judge John Michael Vazquez. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (seb) (Entered: 05/12/2016)
2016-05-17	31	MOTION for Summary Judgment by TOKYO GATSON. (Attachments: # 1 Brief)(nr, ) (Entered: 05/20/2016)
2016-05-20	30	RESPONSE to Motion filed by FEDERAL BUREAU OF INVESTIGATION re 29 MOTION to Continue (VASSALLO, KRISTIN) (Entered: 05/20/2016)
2016-05-20		Set/Reset Deadlines as to 31 MOTION for Summary Judgment. Motion set for 6/20/2016 before Judge John Michael Vazquez. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (nr, ) (Entered: 05/20/2016)
2016-05-26	32	Letter from Toyko Gatson requesting that the Court postpone making a decision on his motion for summary judgment and allow pltf. to submit certain motions regarding depositions (nr, ) (Entered: 06/02/2016)
2016-05-26	33	MOTION to take deposition of defts. by deposition upon written questions by TOKYO GATSON. (nr, ) (Entered: 06/02/2016)
2016-05-26	34	MOTION Tokyo Gatson taking deposition by videotape by TOKYO GATSON. (nr, ) (Entered: 06/02/2016)
2016-05-26	35	NOTICE to Take Deposition of Federal Bureau of Investigation and Mr David Hardy by TOKYO GATSON.(nr, ) (Entered: 06/02/2016)
2016-06-03	36	Letter from the FBI seeking permission to respond to plaintiff's four motions by July 22, 2016. (VASSALLO, KRISTIN) (Entered: 06/03/2016)
2016-06-03		Set/Reset Deadlines as to 34 MOTION Tokyo Gatson, 33 MOTION to take deposition of defts. by deposition upon written questions. Motion set for 7/5/2016 before Judge John Michael Vazquez. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (nr, ) (Entered: 06/03/2016)
2016-06-06	37	ORDER granting the United States' request to extend the time to file a response to the four motions filed by Mr. Gatson to 7/22/2016. Signed by Magistrate Judge James B. Clark on 6/6/2016. (nr, ) (Entered: 06/06/2016)
2016-06-14	39	Letter from Mr. Tokyo Gatson in opposition to deft's request for an extension of time to respond to Discovery (nr, ) (Entered: 06/29/2016)
2016-06-16	38	Letter from Tokyo Gatson re in opposition to deft's request for extension of time (nr, ) (Entered: 06/20/2016)
2016-07-22	40	BRIEF in Opposition filed by FEDERAL BUREAU OF INVESTIGATION re 33 MOTION to take deposition of defts. by deposition upon written questions, 28 MOTION for Summary Judgment , 31 MOTION for Summary Judgment, 34 MOTION Tokyo Gatson (Attachments: # 1 Certificate of Service, # 2 Supplemental Declaration of David Hardy)(VASSALLO, KRISTIN) (Entered: 07/22/2016)
2016-08-11	41	Certification of Kristin Vassallo on behalf of FEDERAL BUREAU OF INVESTIGATION. (VASSALLO, KRISTIN) (Entered: 08/11/2016)
2016-10-07	42	LETTER ORDER Administratively terminating 28 Motion for Summary Judgment ; denying 29 Motion to Continue; Administratively terminating 31 Motion for Summary Judgment ; denying 33 Motion to take deposition of defts ; denying 34 Motion. Reinstating [Dkt. No. 28] and [Dkt. No. 31] as of the date of this Order; Plaintiff shall have until November 21, 2016 to file a response to Defendant's motion for summary judgment. Both motions shall be made returnable on December 5, 2016. Signed by Magistrate Judge James B. Clark on 10/6/16. (cm) (Entered: 10/07/2016)
2016-10-07		Reset Deadlines as to 31 MOTION for Summary Judgment, 28 MOTION for Summary Judgment . Motion set for 12/5/2016 before Judge John Michael Vazquez. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (cm ) (Entered: 10/07/2016)
2016-10-24	43	Mail Returned as Undeliverable. Mail sent to Tokyo Gatson. (cm ) (Entered: 10/25/2016)
2016-11-04	44	LETTER ORDER that Pursuant to L. Civ. R. 10.1(a), Plaintiff Gatson shall file a notice indicating his change of address with the Clerk of the Court. Such notice shall be filed seven (7) days after receipt of this Order. The Clerk is directed to mail a copy of this Order to Plaintiff Gatson, ID No. 65962-050, Federal Correction Institution, 501 Gary Hill Road, Edgefield, South Carolina, 29824. A copy of the October 6, 2016 Letter Order [Dkt. No. 42] shall be included in this mailing. Plaintiff shall have until December 5, 2016 to file a response to Defendant's motion for summary judgment. This motion shall be made returnable on December 19, 2016. Signed by Magistrate Judge James B. Clark on 11/4/16. (cm, ) (Entered: 11/07/2016)
2016-11-07		Reset Deadlines as to 28 MOTION for Summary Judgment . Motion set for 12/19/2016 before Judge John Michael Vazquez. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (cm ) (Entered: 11/07/2016)
2016-12-05	46	Letter from Mr. Tokyo Gatson updating change of address. (seb) (Entered: 12/27/2016)
2016-12-14	45	Discovery Confidentiality Order. Signed by Magistrate Judge Mark Falk on 12/14/16. (cm ) (Entered: 12/15/2016)
2016-12-15		CLERK'S QUALITY CONTROL MESSAGE - Please note the Discovery Confidentiality Order D.E. 45 filed by the Clerk's office on 12/14/16 was docketed in error. Please disregard. (cm ) (Entered: 12/15/2016)
2016-12-30	47	LETTER ORDER that Plaintiff shall file a response to Defendant's motion for summary judgment [Dkt. No. 28] no later than January 23, 2017. This motion shall be made returnable before the Honorable John Michael Vasquez, U.S.D.J., on February 6, 2016. If Plaintiff fails to file a timely response, Defendant's motion shall be considered unopposed. Signed by Magistrate Judge James B. Clark on 12/29/16. (sr, ) (Entered: 12/30/2016)
2017-03-13	48	Letter from Tokyo Gatson re 47 Order. (cm, ) (Entered: 03/16/2017)
2017-03-17	49	ORDER that the Court has not received any filings from the Plaintiff in opposition of the pending Motion for Summary Judgment. Plaintiff shall resubmit his opposition to the court. Signed by Magistrate Judge James B. Clark on 3/17/17. (cm, ) (Entered: 03/17/2017)
2017-04-17	50	MEMORANDUM in Support filed by TOKYO GATSON re 31 MOTION for Summary Judgment (Attachments: # 1 cover letter, # 2 envelope)(cm, ) (Entered: 05/01/2017)
2017-05-02	51	Letter from the FBI regarding reply brief to summary judgment motion. (VASSALLO, KRISTIN) (Entered: 05/02/2017)
2017-05-03	52	ORDER permitting the Government to use their previous reply brief D.E. 40 as it's reply to Plaintiff's opposition. Signed by Magistrate Judge James B. Clark on 5/3/17. (cm, ) (Entered: 05/03/2017)
2017-08-31	53	OPINION. Signed by Judge John Michael Vazquez on 8/31/17. (cm, ) (Entered: 08/31/2017)
2017-08-31	54	ORDER granting Defendant's 28 Motion for Summary Judgment; denying Plaintiff's 31 Motion for Summary Judgment ***CIVIL CASE TERMINATED. Signed by Judge John Michael Vazquez on 8/31/17. (cm, ) (Entered: 08/31/2017)
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