Case Detail

FOIA Project Annotation: Judge Christopher Cooper has ruled that the Executive Office for U.S. Attorneys has not yet shown that it conducted an adequate search for copies of the indictment, requests for subpoenas, and authorization for wiretaps related to Bryan Wilson's conviction in the District of Columbia. Once Wilson told EOUSA the District in which he was convicted, the agency searched for records and produced nine pages with redactions made under Exemption 7(C) (invasion of privacy concerning law enforcement records). EOUSA filed an affidavit explaining its search, but Cooper indicated that he still had concerns about its adequacy. While the agency had provided some explanation of its search, Cooper pointed out that the affidavit had not "represented that all areas likely to contain responsive records, were in fact searched. [The] blanket assurance that EOUSA's search was 'systematic,' hardly remedies this crucial defect. The Court can only speculate about the FOIA contact's methodologyâ€"the number and location of any physically searched files, why those files alone were searched, why some staff were deemed 'appropriate' email recipients, and whether any physical searches resulted from those emails." Cooper also questioned whether the EOUSA staffer who signed the affidavit had actually reviewed the responsive records. He observed that "the Court cannot determine whether records maintained by the U.S. Attorney's Office for the District of Columbia qualify as 'official files and records of EOUSA' (as opposed to those of the originating office), and even if they do, it is unclear whether [the FOIA staffer] has ever seen the records that were produced to Wilson. He at no point claims familiarity with records responsive to any one FOA request."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2015-07-20	1	COMPLAINT against U.S. DEPARTMENT OF JUSTICE filed by BRYAN WILSON. (Attachments: # 1 Civil Cover Sheet)(td) (Attachment 1 replaced on 7/22/2015) (intake1, ). (Entered: 07/21/2015)
2015-07-20	5	SUMMONS (3) Issued as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (td) . Modified on 7/21/2015 (rd). (Entered: 07/21/2015)
2015-07-20	2	MOTION for Leave to Proceed in forma pauperis by BRYAN WILSON (td) (Entered: 07/21/2015)
2015-07-20	3	PRISONER ACCOUNT STATEMENT by BRYAN WILSON (td) (Entered: 07/21/2015)
2015-07-20	4	ORDER granting 2 Motion for Leave to Proceed in forma pauperis and directing an initial partial filing fee from Prison Account of plaintiff. Signed by Judge Rosemary M. Collyer on 7/17/15. (See order for details) (td) . (Entered: 07/21/2015)
2015-08-04	6	NOTICE of Appearance by Rhonda Lisa Campbell on behalf of U.S. DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 08/04/2015)
2015-08-12	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/11/15. (td) (Entered: 08/19/2015)
2015-08-17	7	MOTION for Extension of Time to File Answer re 1 Complaint by U.S. DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 08/17/2015)
2015-08-17		MINUTE ORDER granting 7 Defendant's Motion for an Extension of Time to September 25, 2015, to respond to the complaint. SO ORDERED. Signed by Judge Christopher R. Cooper on 8/17/15.(ah) (Entered: 08/17/2015)
2015-08-20	9	NOTICE of Change of Address by BRYAN WILSON (td) (Entered: 08/21/2015)
2015-08-27	10	NOTICE of Change of Address by BRYAN WILSON (zrdj) (Entered: 08/28/2015)
2015-09-25	11	MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Exhibit A-E, # 4 Declaration David Luczynski)(Campbell, Rhonda) (Entered: 09/25/2015)
2015-09-29	12	Order advising the plaintiff to respond by November 16, 2015, to the defendant's motion for summary judgment or risk entry of judgment for the defendant on what will be treated as a conceded motion (see written order for details). Signed by Judge Christopher R. Cooper on 9/29/15.(ah) (Entered: 09/29/2015)
2015-11-18	13	Memorandum in opposition to re 11 MOTION for Summary Judgment filed by BRYAN WILSON. (td) (Entered: 11/19/2015)
2016-06-13	14	SUMMONS (3) REISSUED as to U.S. DEPARTMENT OF JUSTICE, and non-parties U.S. Attorney and U.S. Attorney General. (md) (md). (Entered: 06/13/2016)
2016-06-27	15	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/24/2016. Answer due for ALL FEDERAL DEFENDANTS by 7/24/2016. (td) Modified dates on 6/29/2016 (znmw). (Entered: 06/28/2016)
2016-06-28	16	MEMORANDUM OPINION AND ORDER granting in part and denying in part, without prejudice, 11 Defendant's Motion for Summary Judgment. It is further ORDERED that Defendant, by July 12, 2016, supplement the evidentiary record in accordance with this decision. Signed by Judge Christopher R. Cooper on 6/28/2016. (lccrc2) (Entered: 06/28/2016)
2016-06-29		Set/Reset Deadlines: Defendant, by 7/12/2016, supplement the evidentiary record. (kt) (Entered: 06/29/2016)
2016-06-29		Set/Reset Deadlines: Answer due by 7/24/2016, (znmw) (Entered: 06/29/2016)
2016-07-12	17	NOTICE of Filing of Supplemental Declaration by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration)(Campbell, Rhonda) (Entered: 07/12/2016)
2016-07-15	18	MOTION for In Camera Review by BRYAN WILSON (td) (Entered: 07/18/2016)
2016-08-01	19	RESPONSE re 17 Notice (Other) filed by BRYAN WILSON. (td) (Entered: 08/02/2016)
2016-08-09	20	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 8/4/2016 (td) (Entered: 08/10/2016)
2016-10-07	21	ORDER: In light of 17 Defendant's Supplemental Declaration, it is hereby ordered that 11 Defendant's Motion for Summary Judgment is granted in full. Signed by Judge Christopher R. Cooper on 10/7/2016. (lccrc2) (Entered: 10/07/2016)
2016-10-07		MINUTE ORDER: It appears from the record that Defendant has failed to respond to 18 Plaintiff's Motion for In Camera Review. Therefore, it is hereby ordered that Defendant shall file an opposition to 18 Plaintiff's Motion for In Camera Review by October 14, 2016. Signed by Judge Christopher R. Cooper on 10/7/2016. (lccrc2) (Entered: 10/07/2016)
2016-11-30		MINUTE ORDER: The Court granted summary judgment in full to the government by 21 an Order dated October 7, 2016. Remaining on the docket, however, is 18 Plaintiff's Pro Se Motion for In Camera Review, filed July 15, 2016. Plaintiff seeks in camera review of a subpoena issued for his cell phone records, which the government has withheld in response to a separate FOIA request not at issue in this case. Plaintiff contends that the subpoena was also responsive to the FOIA request at issue here, thus calling into question the adequacy of the government's original search, and that it was improperly withheld under the named exemptions. According to Plaintiff, the government withheld the subpoena under FOIA Exemption (b)(3), among other grounds, because its disclosure would violate Federal Rule of Civil Procedure 6(e), which prohibits public disclosure of matters occurring before a grand jury. While Plaintiff did not present this issue in his summary judgment briefing, the Court notes that the D.C. Circuit has held that "[a]ll grand jury subpoenas (be they ad testificandum or duces tecum)... fall within FOIA's third exemption." Lopez v. Dep't of Justice, 393 F.3d 1345, 1350 (D.C. Cir. 2005). Therefore, it is hereby ORDERED that 18 Plaintiff's motion shall be DENIED and that this case be closed. Signed by Judge Christopher R. Cooper on 11/30/2016. (lccrc2) (Entered: 11/30/2016)
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