Case Detail

FOIA Project Annotation: A federal court in Florida has ruled that the FBI has not justified its redactions of identifying information under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records) in several reports prepared as part of the Meese Commission investigation of the September 11, 2001 terrorist attacks because it failed to consider the public interest in disclosure and failed to justify its decision to redact some names while withholding others. Generally, however, the court found the agency had properly invoked Exemption 7 (D) (confidential sources), Exemption 7(E) (investigative methods and techniques), Exemption 5 (privileges) and Exemption 1 (national security) to withhold various records. The case involved a suit by the Broward Bulldog for records concerning an FBI interview of Abulaziz and Anoud Al-Hijji of Sarasota, who had allegedly met with several of the 9/11 hijackers and fled to Saudi Arabia days after the attack. While the Meese Commission ultimately concluded that the Al-Hijjis had no connection to the plot, Sen. Bob Graham (D-FL), a co-chair of the Commission came to believe that some sort of cover-up took place to protect the Saudi family. Judge Cecilia Altonaga rejected the agency's redaction of names in two reports. She pointed out that "there are questions of material fact whether disclosing the names would constitute an unwarranted invasion of privacy and whether the public interest in knowing this information is paramount." She observed that "tellingly, some of the redacted names are already in the public domain, and Plaintiffs know the names of the individuals investigated by the FBI and the agents involved. Given the rationale for Exemption 6 and 7(C), once the information is in the public domain, there is no longer a privacy interest justifying nondisclosure." Noting the inconsistency of the redactions, she pointed out that "the FBI's posture that these two agents' personal privacy warrants protection, while the third agent's does not, is unsupported." She found inconsistencies in redactions in another document as well, indicating that "there are multiple unredacted names throughout the memorandum and the Government does not explain why the redacted individuals' names warrant protection because of privacy interests, but the individuals whose names are unredacted do not." While she agreed with many of the agency's Exemption 7 (D) claims, Altonaga rejected several claims based on implicit assurances of confidentiality. As to a claim that a local law enforcement agency was presumed to be confidential, she pointed out that "to be clear, a local authority may be a confidential source, but the FBI posits the confidential source here is the confidential source of the local authority, and therefore the local authority is a confidential source. The FBI fails to explain if there is any identifying information about the local authority's confidential source in the redacted material and does not properly explain how the local authority itself is a confidential source."
Issues: Exemption 7(D) - Assurance of confidentiality - Implicit, Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 6 - Invasion of privacy

FOIA Project Annotation: In her second ruling in a case involving the FBI's response to FOIA requests by the Broward Bulldog for records pertaining to the Meese Commission's investigation of the 9/11 terrorism attack, particularly as it relates to what the government knew about the role of members of the Saudi royal family in funding the attacks and the reasons some members were allowed to leave the United States shortly after the attacks, District Court Judge Cecilia Altonaga has found that the agency conducted an adequate search for records and has frequently sided with the agency's exemption claims, but has continued to reject claims that individuals mentioned in the records are protected by Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). In her first ruling in the case, Altonaga found the FBI had been so inconsistent in its application of Exemption 7(C) and had used too narrow an interpretation of the public interest in disclosure that its claims were insufficient to support redaction of such information. But while her first ruling was a broader survey of the agency's exemption claims, her second ruling was a much more specific examination of various groups of documents. The Broward Bulldog accused the agency of bad faith in conducting the search, but Altonaga noted that "under prevailing law, the Government has met its burden of showing its search was adequate. Plaintiffs have failed to meet their burden of showing bad faith by the FBI in performing the searches and do not identify other locations and documents the FBI should search and locate." She added that "the Court is unpersuaded by Plaintiffs' claim that the FBI's tardiness in producing the documents and multiple rounds of production shows the search is inadequate." Altonaga made clear that she was not going to accept the FBI's privacy exemption claims. The FBI argued that the inconsistencies were the result of balancing individual privacy against the public interest in disclosure. Altonaga pointed out that "these new explanations are insufficient to satisfy the FBI's burden at summary judgment. The information is already in the public domain, and the FBI has released some of the names in this same report." Elsewhere, she observed that "although the FBI 's present briefing does explain why the agency chose to redact some names while revealing others, the FBI still fails to meet its onerous burden under Exemptions 6 and 7(C). . .Given the significant public interest in learning about possible suspects involved in the attacks, the FBI has not met its burden of showing Exemption 6 and 7(C) apply to the selectively redacted names." Altonaga approved a number of claims under Exemption 5 (privileges), including several draft versions of the Meese Commission's final report. The newspaper argued that the agency had withheld discussions that did not relate to any specific policy or decision. But Altonaga indicated that "while the FBI acknowledged a final decision was not made regarding the redacted comments, the internal deliberation process would be harmed if the information is released. FBI personnel would be 'more guarded in their suggestions' if they knew their discussions and deliberations may one day be disclosed." Altonaga also accepted most of the agency's claims under Exemption 7(D) (confidential sources) and Exemption 7(E) (investigative methods and techniques).
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records, Search - Reasonableness of search

Date Filed	Doc #	Docket Text
2016-06-15	1	COMPLAINT against Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. Filing fees $ 400.00 receipt number 113C-8827749, filed by Broward Bulldog, Inc., Dan Christensen. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1 The FBI Protecting Homeland, # 3 Exhibit 2 FBI Report dated April 16, 2002, # 4 Exhibit 3 FOIA Request, # 5 Exhibit 4 FOIPA Request, # 6 Exhibit 5 May 19, 2015 letter from FBI advised the plaintiffs, # 7 Exhibit 6 Second FOIA request, # 8 Exhibit 7 August 26, 2015 Response, # 9 Exhibit 8 Request to FOIA, # 10 Exhibit 9 July 15, 2015 letter, # 11 Exhibit 10 August 6, 2015 letter, # 12 Exhibit 11 September 4, 2015 letter, # 13 Summon(s) US Department of Justice, # 14 Summon(s) Federal Bureau of Investigation)(Julin, Thomas) (Entered: 06/15/2016)
2016-06-15	2	Judge Assignment to Judge Cecilia M. Altonaga (lrz) (Entered: 06/16/2016)
2016-06-15	3	Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge John J. O'Sullivan is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (lrz) (Entered: 06/16/2016)
2016-06-16	4	Summons Issued as to All Defendants. (lrz) (Entered: 06/16/2016)
2016-07-05	5	ORDER requiring service to be perfected by 9/13/2016. Signed by Judge Cecilia M. Altonaga on 7/5/2016. (ps1) (Entered: 07/05/2016)
2016-07-13	6	NOTICE of Change of Address by Thomas Richard Julin (Julin, Thomas) (Entered: 07/13/2016)
2016-07-13	7	NOTICE by Broward Bulldog, Inc., Dan Christensen re 5 Order, Set/Reset Deadlines Showing Service of the Defendants by Certified Mail (Attachments: # 1 Exhibit Certified Mail Receipt for Service on US Department of Justice, # 2 Exhibit Certified Mail Receipt for Service on the Federal Bureau of Investigation, # 3 Exhibit Certified Mail Receipt for Service on the U.S. Attorney's Office) (Julin, Thomas) (Entered: 07/13/2016)
2016-07-13	8	NOTICE by Broward Bulldog, Inc., Dan Christensen re 5 Order, Set/Reset Deadlines SHowing Additional Proof of Service (Attachments: # 1 Affidavit Thomas R. Julin) (Julin, Thomas) (Entered: 07/13/2016)
2016-07-13	9	Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 8/2/2016. Signed by Judge Cecilia M. Altonaga on 7/13/2016. (ps1) (Entered: 07/13/2016)
2016-07-25	10	ANSWER and Affirmative Defenses to Complaint by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. Attorney Carlos Javier Raurell added to party Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535(pty:dft), Attorney Carlos Javier Raurell added to party U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530(pty:dft). (Raurell, Carlos) (Entered: 07/25/2016)
2016-08-02	11	Certificate of Interested Parties by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530 (Raurell, Carlos) (Entered: 08/02/2016)
2016-08-02	12	Certificate of Interested Parties/Corporate Disclosure Statement by Broward Bulldog, Inc., Dan Christensen (Julin, Thomas) (Entered: 08/02/2016)
2016-08-02	13	Joint SCHEDULING REPORT - Rule 26(f) by Broward Bulldog, Inc., Dan Christensen (Attachments: # 1 Text of Proposed Order Plaintiffs, # 2 Text of Proposed Order Defendants)(Julin, Thomas) (Entered: 08/02/2016)
2016-08-03	14	ORDER Setting Trial and Pretrial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge John J. O'Sullivan: Bench Trial set for period beginning 3/6/2017 in Miami Division before Judge Cecilia M. Altonaga. Calendar Call set for 2/28/2017 09:00 AM in Miami Division before Judge Cecilia M. Altonaga. Motions to amend pleadings or join parties due by 8/29/2016. All discovery due by 11/7/2016. Proposed order scheduling mediation due by 8/23/2016. Mediation Deadline 11/21/2016. In Limine Motions due by 12/27/2016. All pretrial motions due by 11/29/2016. Pretrial Stipulation due by 12/27/2016. Signed by Judge Cecilia M. Altonaga on 8/2/2016. (ps1) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 08/03/2016)
2016-08-10	15	Unopposed MOTION for Exemption from Mediation Requirement by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. (Raurell, Carlos) (Entered: 08/10/2016)
2016-08-10	16	ORDER granting 15 Motion for Exemption for Mediation Requirement. Signed by Judge Cecilia M. Altonaga on 8/10/2016. (ps1) (Entered: 08/10/2016)
2016-11-21	17	Unopposed MOTION for Extension of Time to File Pretrial Motions, Joint Pretrial Stipulation, and Proposed Findings of Fact and Conclusions of Law re 14 Scheduling Order, Order Referring Case to Judge, Order Referring Case to Mediation,,,,,,,,, by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. Responses due by 12/8/2016 (Attachments: # 1 Affidavit Declaration of David M. Hardy)(Raurell, Carlos) (Entered: 11/21/2016)
2016-11-23	18	ORDER granting 17 Motion for Extension of Time. Pretrial motions due by 12/30/16; Pretrial stipulation/proposed findings of fact due 2/14/17. Signed by Judge Cecilia M. Altonaga on 11/23/2016. (ps1) (Entered: 11/23/2016)
2016-12-20	19	Defendant's MOTION to Continue Trial and Extend Pretrial Deadlines by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. Responses due by 1/3/2017 (Attachments: # 1 Affidavit Declaration of Micheal G. Seidel)(Raurell, Carlos) (Entered: 12/20/2016)
2016-12-20	20	PAPERLESS NOTICE of Hearing on 19 Defendant's MOTION to Continue Trial and Extend Pretrial Deadlines: Motion Hearing set for 12/22/2016 11:00 AM in Miami Division before Judge Cecilia M. Altonaga. (ps1) (Entered: 12/20/2016)
2016-12-21	21	Plaintiff's RESPONSE to 19 Defendant's MOTION to Continue Trial and Extend Pretrial Deadlines by Broward Bulldog, Inc., Dan Christensen. (Julin, Thomas) (Entered: 12/21/2016)
2016-12-22	22	PAPERLESS Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Motion Hearing held on 12/22/2016 re 19 Defendant's MOTION to Continue Trial and Extend Pretrial Deadlines filed by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. Total time in court: 0 hour(s) : 30 minutes. Attorney Appearance(s): Thomas Richard Julin, Carlos Javier Raurell, Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (dsz) (Entered: 12/22/2016)
2016-12-22	23	ORDER denying 19 Motion to Continue. Signed by Judge Cecilia M. Altonaga on 12/22/2016. (ps1) (Entered: 12/22/2016)
2016-12-30	24	Unopposed MOTION for Leave to File Excess Pages in Motion for Summary Judgment by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. (Raurell, Carlos) (Entered: 12/30/2016)
2016-12-30	25	ORDER granting 24 Motion for Leave to File Excess Pages. Signed by Judge Cecilia M. Altonaga on 12/30/2016. (wc) (Entered: 12/30/2016)
2016-12-30	26	Statement of: Undisputed Material Facts by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530 (Raurell, Carlos) (Entered: 12/30/2016)
2016-12-30	27	Defendant's MOTION for Partial Summary Judgment (on Counts II and III of the Complaint) by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. Responses due by 1/13/2017 (Attachments: # 1 Affidavit Hardy Declaration, # 2 Exhibit Exhibits to Hardy Declaration)(Raurell, Carlos) (Entered: 12/30/2016)
2017-01-12	28	Plaintiff's RESPONSE to Defendants' Statement of Undisputed Facts by Broward Bulldog, Inc., Dan Christensen. (Attachments: # 1 Affidavit of Dan Christensen, # 2 Affidavit of Terry Strada)(Julin, Thomas) (Entered: 01/12/2017)
2017-01-12	29	RESPONSE to Motion re 27 Defendant's MOTION for Partial Summary Judgment (on Counts II and III of the Complaint) filed by Broward Bulldog, Inc., Dan Christensen. Replies due by 1/19/2017. (Julin, Thomas) (Entered: 01/12/2017)
2017-01-13	30	PAPELRESS NOTICE of Hearing on 27 Defendant's MOTION for Partial Summary Judgment (on Counts II and III of the Complaint): Motion Hearing set for 2/7/2017 08:00 AM in Miami Division before Judge Cecilia M. Altonaga. (ps1) (Entered: 01/13/2017)
2017-01-19	31	Unopposed MOTION for Leave to File Excess Pages in Reply in further support of Motion for Summary Judgment by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. (Raurell, Carlos) (Entered: 01/19/2017)
2017-01-19	32	REPLY to Response to Motion re 27 Defendant's MOTION for Partial Summary Judgment (on Counts II and III of the Complaint) filed by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. (Raurell, Carlos) (Entered: 01/19/2017)
2017-01-19	33	ORDER granting 31 Motion for Leave to File Excess Pages. Signed by Judge Cecilia M. Altonaga on 1/19/2017. (wc) (Entered: 01/19/2017)
2017-01-31	34	NOTICE by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530 of Supplemental Production of Records Responsive to Plaintiff's FOIA Request (Attachments: # 1 Exhibit Third Declaration of Thomas Hardy, # 2 Exhibit Redacted Supplemental Production of Records) (Raurell, Carlos) (Entered: 01/31/2017)
2017-01-31	35	Plaintiff's MOTION for Discovery to Allow Deposition of FBI Agent Jacqueline Maguire by Broward Bulldog, Inc., Dan Christensen. Responses due by 2/14/2017 (Attachments: # 1 Exhibit 04-30-2014 Meese Commission Briefing by Jackie Maguire, # 2 Exhibit 04-16-2002 FBI Memo re "Many Connections", # 3 Exhibit 09-08-2011 Bulldog Article, # 4 Exhibit 09-15-2011 FBI Press Release, # 5 Exhibit 03-00-2015 Meese Commission Report Extracts)(Julin, Thomas) (Entered: 01/31/2017)
2017-01-31	36	ORDER denying 35 Motion for Discovery. Signed by Judge Cecilia M. Altonaga on 1/31/2017. (ps1) (Entered: 01/31/2017)
2017-01-31	37	NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 2/9/2017 02:30 PM in Miami Division before Magistrate Judge John J. O'Sullivan. (Attachments: # 1 Exhibit Defendnats' Notice of Supplemental Production) (Julin, Thomas) (Entered: 01/31/2017)
2017-02-01	38	NOTICE by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530 of Second Ex Parte Submission to Chambers (Raurell, Carlos) (Entered: 02/01/2017)
2017-02-07	39	PAPERLESS Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Motion Hearing held on 2/7/2017 re 27 Defendant's MOTION for Partial Summary Judgment (on Counts II and III of the Complaint) filed by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. Total time in court: 1 hour(s) : 5 minutes. Attorney Appearance(s): Thomas Richard Julin, Carlos Javier Raurell, Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (dsz) (Entered: 02/07/2017)
2017-02-07	40	ORDER re 27 Defendant's MOTION for Partial Summary Judgment (on Counts II and III of the Complaint) filed by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530; Defendants are to submit documents they believe is necessary. Defendants are to separate classified and non-classified documents. Please see Order for details. Signed by Judge Cecilia M. Altonaga on 2/7/2017. (ps1) (Entered: 02/07/2017)
2017-02-09	41	PAPERLESS Minute Entry for proceedings held before Magistrate Judge John J. O'Sullivan: Discovery Hearing held on 2/9/2017. Total time in court: 1 hour(s). Attorney Appearance(s): Thomas Richard Julin, Carlos Javier Raurell and Kyle Teal. (Digital 14:30:19) (cg1) (Entered: 02/09/2017)
2017-02-09	42	Unopposed MOTION for Extension of Time Comply with ORDER at DE 40 re 40 Order,, by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. Responses due by 2/23/2017 (Raurell, Carlos) (Entered: 02/09/2017)
2017-02-09	43	ORDER on Informal Discovery Conference. Signed by Magistrate Judge John J. O'Sullivan on 2/9/2017. (tro) (Entered: 02/09/2017)
2017-02-10	44	ORDER granting 42 Motion for Extension of Time. Defendants have until February 13, 2017 to comply with the 40 February 7 Order. Signed by Judge Cecilia M. Altonaga on 2/10/2017. (wc) (Entered: 02/10/2017)
2017-02-13		SYSTEM ENTRY - Docket Entry 45 [misc] restricted/sealed until further notice. (1043766) (Entered: 02/13/2017)
2017-02-13	46	NOTICE by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530 of Ex PArte Submission of Classified Material for In Camera Review (Raurell, Carlos) (Entered: 02/13/2017)
2017-02-14	47	PRETRIAL STIPULATION by Broward Bulldog, Inc., Dan Christensen (Julin, Thomas) (Entered: 02/14/2017)
2017-02-14	48	Proposed Findings of Fact and Proposed Conclusions of Law by Broward Bulldog, Inc., Dan Christensen. (Julin, Thomas) (Entered: 02/14/2017)
2017-02-14	49	Proposed Findings of Fact and Proposed Conclusions of Law by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. (Raurell, Carlos) (Entered: 02/14/2017)
2017-02-21	50	TRANSCRIPT of Discovery Hearing held on 02/09/2017 before Magistrate Judge John J. O'Sullivan, 1-57 pages, Court Reporter: Stephen Franklin, 561-514-3768 / Stephen_Franklin@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/14/2017. Redacted Transcript Deadline set for 3/24/2017. Release of Transcript Restriction set for 5/22/2017. (sf) (Entered: 02/21/2017)
2017-02-21	51	Plaintiff's APPEAL of Magistrate Judge 43 Order to District Court (Attachments: # 1 Exhibit 1 - 09-08-2011 - Bulldog Article, # 2 Exhibit 2 - FBI 2 - 09-09-2011 - FBI Press Release, # 3 Exhibit 3 - 09-15-2011 - FBI Press Release, # 4 Exhibit 4 - 04-16-2002 FBI Memo, # 5 Exhibit 5 - 03-25-2015 - Meese Commission Report Excerpts, # 6 Exhibit 6 - 04-30-2015 - Meese Commission Briefer, # 7 Exhibit 7 - 04-30-2015 - Rereleased Meese Commission Briefer, # 8 Exhibit 8 - Declaration of D. Robert Graham)(Julin, Thomas) (Entered: 02/21/2017)
2017-02-22	52	Defendant's MOTION to Continue Trial and for Leave to File Motion for Summary Judgment by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. Responses due by 3/8/2017 (Attachments: # 1 Exhibit Second Seidel Declaration)(Raurell, Carlos) (Entered: 02/22/2017)
2017-02-22	53	ORDER denying 51 Appeal/Objection of Magistrate Judge Order to District Court. Signed by Judge Cecilia M. Altonaga on 2/22/2017. (ps1) (Entered: 02/22/2017)
2017-02-23	54	NOTICE of Attorney Appearance by Kyle Brandon Teal on behalf of Broward Bulldog, Inc.. Attorney Kyle Brandon Teal added to party Broward Bulldog, Inc.(pty:pla). (Teal, Kyle) (Entered: 02/23/2017)
2017-02-23	55	TRANSCRIPT of the Motion Hearing held on 02/07/17, before Judge Cecilia M. Altonaga, 1-55 pages, Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/16/2017. Redacted Transcript Deadline set for 3/27/2017. Release of Transcript Restriction set for 5/24/2017. (smn) (Entered: 02/23/2017)
2017-02-24	56	RESPONSE in Opposition re 52 Defendant's MOTION to Continue Trial and for Leave to File Motion for Summary Judgment filed by Broward Bulldog, Inc., Dan Christensen. Replies due by 3/3/2017. (Julin, Thomas) (Entered: 02/24/2017)
2017-02-27	57	REPLY to Response to Motion re 52 Defendant's MOTION to Continue Trial and for Leave to File Motion for Summary Judgment filed by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. (Raurell, Carlos) (Entered: 02/27/2017)
2017-02-27	58	ORDER granting in part and denying in part 27 Motion for Partial Summary Judgment. Signed by Judge Cecilia M. Altonaga on 2/27/2017. (ps1) (Entered: 02/27/2017)
2017-02-28	59	PAPERLESS Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Calendar Call held on 2/28/2017, Motion Hearing held on 2/28/2017 re 52 Defendant's MOTION to Continue Trial and for Leave to File Motion for Summary Judgment filed by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. Total time in court: 20 minutes. Attorney Appearance(s): Kyle Brandon Teal, Thomas Richard Julin, Carlos Javier Raurell, Raymond V. Miller. Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (dsz) (Entered: 02/28/2017)
2017-02-28	60	ORDER granting in part 52 Motion to Continue. Motion for summary judgment due by 3/14/2017. Signed by Judge Cecilia M. Altonaga on 2/28/2017. (ps1) (Entered: 02/28/2017)
2017-03-13	61	Defendant's MOTION for Extension of Time to File Motion for Summary Judgment on Count I of the Complaint re 60 Order on Motion to Continue by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. Responses due by 3/27/2017 (Raurell, Carlos) (Entered: 03/13/2017)
2017-03-14	62	RESPONSE in Opposition re 61 Defendant's MOTION for Extension of Time to File Motion for Summary Judgment on Count I of the Complaint re 60 Order on Motion to Continue filed by Broward Bulldog, Inc., Dan Christensen. Replies due by 3/21/2017. (Julin, Thomas) (Entered: 03/14/2017)
2017-03-14	63	ORDER denying 61 Motion for Extension of Time. Signed by Judge Cecilia M. Altonaga on 3/14/2017. (ps1) (Entered: 03/14/2017)
2017-03-14	64	Statement of: UNDISPUTED MATERIAL FACTS by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530 (Raurell, Carlos) (Entered: 03/14/2017)
2017-03-14	65	Unopposed MOTION for Leave to File Motion for Summary Judgment Exceeding Page Limit by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. (Raurell, Carlos) (Entered: 03/14/2017)
2017-03-14	66	Defendant's MOTION for Summary Judgment on Count I of Plaintiffs' Complaint by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. Responses due by 3/28/2017 (Attachments: # 1 Exhibit Fourth Declaration of David M. Hardy, # 2 Exhibit Second Declaration of David M. Hardy)(Raurell, Carlos) (Entered: 03/14/2017)
2017-03-14	67	ORDER granting 65 Motion for Leave to Exceed Page Limit. Signed by Judge Cecilia M. Altonaga on 3/14/2017. (ps1) (Entered: 03/14/2017)
2017-03-15	68	NOTICE by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530 of filing Exhibits to Fourth Hardy Declaration (Attachments: # 1 Exhibit Exhibits to Fourth Hardy Declaration) (Raurell, Carlos) (Entered: 03/15/2017)
2017-03-15	69	NOTICE by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530 of Ex Parte Submissions (Raurell, Carlos) (Entered: 03/15/2017)
2017-03-27	70	Unopposed MOTION for Leave to File Excess Pages in Memo in Opposition to Defendants' Motion for Summary Judgment on Count 1 by Broward Bulldog, Inc., Dan Christensen. (Julin, Thomas) (Entered: 03/27/2017)
2017-03-27	71	ORDER granting 70 Motion for Leave to File Excess Pages. Signed by Judge Cecilia M. Altonaga on 3/27/2017. (ps1) (Entered: 03/27/2017)
2017-03-28	72	Plaintiff's RESPONSE to 64 Statement to Defendants' Statement of Undisputed Facts by Broward Bulldog, Inc., Dan Christensen. (Attachments: # 1 Exhibit Declaration of Thomas R. Julin with Exs. A, B, and C)(Julin, Thomas) (Entered: 03/28/2017)
2017-03-28	73	RESPONSE in Opposition re 66 Defendant's MOTION for Summary Judgment on Count I of Plaintiffs' Complaint filed by Broward Bulldog, Inc., Dan Christensen. Replies due by 4/4/2017. (Attachments: # 1 Exhibit 1 - Docs. 1 - 10, # 2 Exhibit 1 - Docs. 11 - 21, # 3 Exhibit 1 - Doc. 22, # 4 Exhibit 2 - Ashton Complaint, # 5 Exhibit 3 - FBI Releasee of 03-24-2017, # 6 Exhibit 4 - 02-28-2017 Hearing Transcript)(Julin, Thomas) (Entered: 03/28/2017)
2017-03-31	74	ORDER re 69 Notice (Other) filed by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530; Defendants shall submit the un-redacted documents and Vaughn index under seal through CM/ECF by 4/4/17. Signed by Judge Cecilia M. Altonaga on 3/31/2017. (ps1) (Entered: 03/31/2017)
2017-03-31	75	Defendant's MOTION for Leave to File Supplement to Motion for Summary Judgment on Count I of Plaintiffs' Complaint by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. (Attachments: # 1 Exhibit Defendants' Supplement to Mot. for Summ. Judg. on Count I, # 2 Exhibit Exhibit A to Supplement to MSJ, # 3 Exhibit Exhibit B to Suppllement to MSJ)(Raurell, Carlos) (Entered: 03/31/2017)
2017-04-03		SYSTEM ENTRY - Docket Entry 76 [misc] restricted/sealed until further notice. (1043766) (Entered: 04/03/2017)
2017-04-03		SYSTEM ENTRY - Docket Entry 77 [notice] restricted/sealed until further notice. (nc) (Entered: 04/04/2017)
2017-04-04	78	ORDER requiring expedited response as to 75 Defendant's MOTION for Leave to File Supplement to Motion for Summary Judgment on Count I of Plaintiffs' Complaint; Responses due by 4/5/2017 12:00 pm, Replies due by 4/6/2017 12:00 pm. Signed by Judge Cecilia M. Altonaga on 4/4/2017. (ps1) (Entered: 04/04/2017)
2017-04-04	79	REPLY to Response to Motion re 66 Defendant's MOTION for Summary Judgment on Count I of Plaintiffs' Complaint filed by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. (Raurell, Carlos) (Entered: 04/04/2017)
2017-04-05	80	Plaintiff's RESPONSE to 75 Defendant's MOTION for Leave to File Supplement to Motion for Summary Judgment on Count I of Plaintiffs' Complaint by Broward Bulldog, Inc., Dan Christensen. (Julin, Thomas) (Entered: 04/05/2017)
2017-04-05	81	REPLY to Response to Motion re 75 Defendant's MOTION for Leave to File Supplement to Motion for Summary Judgment on Count I of Plaintiffs' Complaint filed by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. (Raurell, Carlos) (Entered: 04/05/2017)
2017-04-06	82	ORDER granting 75 Motion for Leave to File Supplement. Defendants shall file their supplement to the Motion for Summary Judgment as a separate docket entry and separate and final motion for partial summary judgment by April 6, 2017. Signed by Judge Cecilia M. Altonaga on 4/5/2017. (ps1) (Entered: 04/06/2017)
2017-04-06	83	Final MOTION for Partial Summary Judgment on Count I of Plaintiff's Complaint under FOIA by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. Responses due by 4/20/2017 (Attachments: # 1 Exhibit Fifth Hardy Declaration, # 2 Exhibit Second Hardy Declaration, # 3 Exhibit Fourth Hardy Declaration)(Raurell, Carlos) (Entered: 04/06/2017)
2017-04-07	84	NOTICE of Attorney Appearance by Raymond V. Miller on behalf of Broward Bulldog, Inc., Dan Christensen. Attorney Raymond V. Miller added to party Broward Bulldog, Inc.(pty:pla), Attorney Raymond V. Miller added to party Dan Christensen(pty:pla). (Miller, Raymond) (Entered: 04/07/2017)
2017-04-07	85	NOTICE of Attorney Appearance by Anaili Medina Cure on behalf of Broward Bulldog, Inc., Dan Christensen. Attorney Anaili Medina Cure added to party Broward Bulldog, Inc.(pty:pla), Attorney Anaili Medina Cure added to party Dan Christensen(pty:pla). (Medina Cure, Anaili) (Entered: 04/07/2017)
2017-04-18	86	RESPONSE in Opposition re 83 Final MOTION for Partial Summary Judgment on Count I of Plaintiff's Complaint under FOIA Providing Statement of Additional Material Facts filed by Broward Bulldog, Inc., Dan Christensen. Replies due by 4/25/2017. (Attachments: # 1 Affidavit Thomas R. Julin, # 2 Affidavit Dan Christensen)(Julin, Thomas) (Entered: 04/18/2017)
2017-04-18	87	RESPONSE in Opposition re 83 Final MOTION for Partial Summary Judgment on Count I of Plaintiff's Complaint under FOIA filed by Broward Bulldog, Inc., Dan Christensen. Replies due by 4/25/2017. (Attachments: # 1 Exhibit (Docs. 23 - 28))(Julin, Thomas) (Entered: 04/18/2017)
2017-04-25	88	REPLY to Response to Motion re 83 Final MOTION for Partial Summary Judgment on Count I of Plaintiff's Complaint under FOIA filed by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. (Raurell, Carlos) (Entered: 04/25/2017)
2017-05-09		SYSTEM ENTRY - Docket Entry 89 [misc] restricted/sealed until further notice. (1043766) (Entered: 05/09/2017)
2017-05-09	90	ORDER that Defendants shall submit legible copies of the un-redacted disputed documents to chambers, as outlined in this Order. Defendants shall not resubmit the "Factual Basis by Category" section of the Vaughn Index only the documents themselves by 1:00 p.m. on 5/10/2017. Please see Order for details. Signed by Judge Cecilia M. Altonaga on 5/9/2017. (ps1) (Entered: 05/09/2017)
2017-05-10	91	ORDER requiring Defendants to submit legible copies of the documents bate stamped Broward Bulldog 14351439, 14961556, 15791721, and 17721858, re 76 entry. Signed by Judge Cecilia M. Altonaga on 5/10/2017. (ps1) (Entered: 05/10/2017)
2017-05-10	92	Unopposed MOTION for Extension of Time to Comply with Order (DE 90) requiring submission of more legible copies of documents in dispute re 90 Order, Set/Reset Deadlines,, by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. Responses due by 5/24/2017 (Raurell, Carlos) (Entered: 05/10/2017)
2017-05-10		SYSTEM ENTRY - Docket Entry 93 [misc] restricted/sealed until further notice. (1043766) (Entered: 05/10/2017)
2017-05-10	94	Defendant's RESPONSE to 91 Order, Set/Reset Deadlines regarding documents Bates stamped Broward Bulldog 1435-1439, 1496-1556, 1579-1721 and 1772-1858 by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. (Raurell, Carlos) (Entered: 05/10/2017)
2017-05-10	95	NOTICE by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530 re 94 Response/Reply (Other), NOTICE OF FILING MISSING EXHIBIT (Attachments: # 1 Exhibit Missing Exhibit from DE 94) (Raurell, Carlos) (Entered: 05/10/2017)
2017-05-10	96	ORDER granting 92 Motion for Extension of Time. Defendants shall file the documents at issue by 5:00 p.m. today. Signed by Judge Cecilia M. Altonaga on 5/10/2017. (ps1) (Entered: 05/10/2017)
2017-05-10		SYSTEM ENTRY - Docket Entry 97 [misc] restricted/sealed until further notice. (1043766) (Entered: 05/10/2017)
2017-05-10	98	Plaintiff's REPLY to 94 Response/Reply (Other), to the Court's Order DE-91 by Broward Bulldog, Inc., Dan Christensen. (Julin, Thomas) (Entered: 05/10/2017)
2017-05-16	99	ORDER granting in part and denying in part 66 Motion for Summary Judgment; granting in part and denying in part 83 Motion for Partial Summary Judgment. The parties have until May25, 2017 to file a joint status report advising how they wish to proceed to conclude the case, andif a trial is to be held, to propose a trial period. Signed by Judge Cecilia M. Altonaga on 5/16/2017. (ps1) (Entered: 05/16/2017)
2017-05-22	100	Unopposed MOTION for Extension of Time to file Joint Staus Report Required by Order on Motions for Summary Judgment. by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. Responses due by 6/5/2017 (Raurell, Carlos) (Entered: 05/22/2017)
2017-05-22	101	ORDER granting 100 Motion for Extension of Time. Joint Status Report due by 6/2/2017. Signed by Judge Cecilia M. Altonaga on 5/22/2017. (ps1) (Entered: 05/22/2017)
2017-06-02	102	Defendant's MOTION for Reconsideration re 99 Order on Motion for Summary Judgment,, Order on Motion for Partial Summary Judgment, as it relates to Document 22 by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. (Attachments: # 1 Exhibit February 24 Email from Plaintiffs' Counsel, # 2 Exhibit Sixth Declaration of David M. Hardy)(Raurell, Carlos) (Entered: 06/02/2017)
2017-06-02	103	STATUS REPORT (JOINT) Regarding Conclusion of this Case by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530 (Raurell, Carlos) (Entered: 06/02/2017)
2017-06-07	104	NOTICE by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530 of RE-FILING Sixth Hardy Declaration (Attachments: # 1 Exhibit Sixth Hardy Declaration) (Raurell, Carlos) (Entered: 06/07/2017)
2017-06-07	105	NOTICE by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530 of SECOND RE-FILING of Sixth Hardy Declaration (Attachments: # 1 Exhibit Sixth Hardy Declaration) (Raurell, Carlos) (Entered: 06/07/2017)
2017-06-12	106	RESPONSE in Opposition re 102 Defendant's MOTION for Reconsideration re 99 Order on Motion for Summary Judgment,, Order on Motion for Partial Summary Judgment, as it relates to Document 22 filed by Broward Bulldog, Inc., Dan Christensen. Attorney Kyle Brandon Teal added to party Dan Christensen(pty:pla). Replies due by 6/19/2017. (Teal, Kyle) (Entered: 06/12/2017)
2017-06-19	107	REPLY to Response to Motion re 102 Defendant's MOTION for Reconsideration re 99 Order on Motion for Summary Judgment,, Order on Motion for Partial Summary Judgment, as it relates to Document 22 filed by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. (Raurell, Carlos) (Entered: 06/19/2017)
2017-06-29	108	ORDER granting 102 Defendant's MOTION for Reconsideration re 99 Order on Motion for Summary Judgment, as it relates to Document 22 filed by Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW Washington, DC 20535, U.S. Department of Justice, 950 Pennsylvania Avenue, NW Washington DC 20530. Summary judgment is GRANTED for Defendants with respect to Document 22. Defendants shall furnish Plaintiffs a proposed final summary judgment by July 6, 2017, and supply the proposed judgment for consideration by the Court by July 11, 2017 in Word format via email. Closing Case. Signed by Judge Cecilia M. Altonaga on 6/29/2017. (ps1) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. (Entered: 06/29/2017)
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