Case Detail

FOIA Project Annotation: Judge Richard Leon has ruled that the Department of State conducted an adequate search for records on Samuel Knowles, who had been extradited from the Bahamas on drug-trafficking charges, and that it properly withheld records under Exemption 1 (national security), Exemption 5 (privileges), Exemption 6 (invasion of privacy), and Exemption 7(C) (invasion of privacy concerning law enforcement records), and that it properly referred documents to DEA and the Justice Department's Criminal Division for processing and response. The State Department disclosed 28 documents with redactions and withheld six documents completely. It referred an extradition memo to DEA, which disclosed it after redaction identifying information. State referred 41 pages to the Criminal Division, which withheld them entirely under Exemption 5, Exemption 6, and Exemption 7(C). Knowles challenged the Criminal Division's failure to consider the segregability of its withholding under Exemption 5. Leon noted that "the Criminal Division has no obligation to 'identify segregable material or disclose any factual contents' because all of the records referred to it were appropriately determined to be attorney work product and thus fully exempt under FOIA Exemption 5."
Issues: Exemption 5 - Privileges - Attorney work-product privilege, Segregability - Disclosure of all non-exempt records

Date Filed	Doc #	Docket Text
2016-07-14	1	COMPLAINT against U.S. DEPARTMENT OF STATE (Filing fee $ 0.00) filed by SAMUEL KNOWLES. (Attachments: # 1 Civil Cover Sheet)(jf) (Entered: 07/15/2016)
2016-07-14	5	Summons (3) Issued as to U.S. DEPARTMENT OF STATE. (jf) (dr). (Entered: 07/15/2016)
2016-07-14	2	MOTION for Leave to Proceed in forma pauperis by SAMUEL KNOWLES (jf) (Entered: 07/15/2016)
2016-07-14	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by SAMUEL KNOWLES (jf) (Entered: 07/15/2016)
2016-07-14	4	ORDER directing an initial partial filing fee in the amount of $16.66 from Prison Account of Samuel Knowles and granting 2 MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Chief Judge Beryl A. Howell on 07/12/2016. (jf) (Entered: 07/15/2016)
2016-07-21	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/18/2016., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/18/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 8/17/2016.) (jf) (Entered: 07/22/2016)
2016-07-28	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 7/26/2016 (jf) (Entered: 07/29/2016)
2016-08-16	8	MOTION for Extension of Time to File Answer re 1 Complaint by U.S. DEPARTMENT OF STATE (Posner, Michael) (Entered: 08/16/2016)
2016-08-18		MINUTE ORDER: Upon consideration of Defendant's Motion for Enlargement of Time 8 , it is hereby ORDERED that the motion is GRANTED nunc pro tunc. The defendant shall answer or otherwise respond to the Complaint on or before 08/29/16. Signed by Judge Richard J. Leon on 08/18/16. (lcrjl1, ) (Entered: 08/18/2016)
2016-08-29	9	ANSWER to 1 Complaint by U.S. DEPARTMENT OF STATE.(Posner, Michael) (Entered: 08/29/2016)
2016-09-09	10	RESPONSE re 9 Answer to Complaint filed by SAMUEL KNOWLES. (jf) (Entered: 09/12/2016)
2016-10-29	11	MINUTE ORDER: Local Civil Rules 16.3(b)(9) and 16.5(c)(1) exempt this FOIA action from the rules governing conferences, schedules, and discovery. In its Answer filed on 08/29/16, Defendant asserts defenses and contends that plaintiff is entitled to no relief. It is hereby ORDERED that Defendant shall file either a dispositive motion or a proposed briefing schedule for dispositive motions on or before 11/21/16. Signed by Judge Richard J. Leon on 10/29/16. (lcrjl1) (Entered: 10/29/2016)
2016-10-31		Set/Reset Deadlines: Defendant's dispositive Motion or Proposed Briefing Schedule due by 11/21/2016. (tb) (Entered: 10/31/2016)
2016-11-03	12	NOTICE OF SUBSTITUTION OF COUNSEL by Christopher Charles Hair on behalf of U.S. DEPARTMENT OF STATE Substituting for attorney Michael B. Posner (Hair, Christopher) (Entered: 11/03/2016)
2016-11-18	13	MOTION for Extension of Time to File Briefing Schedule by U.S. DEPARTMENT OF STATE (Hair, Christopher) (Entered: 11/18/2016)
2016-12-06		MINUTE ORDER: Upon consideration of defendant's Motion for Enlargement of Time 13 , it is hereby ORDERED that the Motion is GRANTED and that defendant shall file a status report and proposed briefing schedule on or before 01/03/17. Signed by Judge Richard J. Leon on 12/06/16. (lcrjl1) (Entered: 12/06/2016)
2016-12-07		Set/Reset Deadlines: Proposed Briefing Schedule/Status Report due by 1/3/2017. (tb) (Entered: 12/07/2016)
2017-01-03	14	PROPOSED BRIEFING SCHEDULE and Status Report by U.S. DEPARTMENT OF STATE. (Hair, Christopher) (Entered: 01/03/2017)
2017-01-06		MINUTE SCHEDULING ORDER: Upon consideration of defendant's Status Report and Proposed Briefing Schedule 14 , it is hereby ORDERED that defendant's dispositive motion shall be filed on or before March 15, 2017. Signed by Judge Richard J. Leon on 01/06/17. (lcrjl1) (Entered: 01/06/2017)
2017-01-23		Set/Reset Deadlines: Defendant's Dispositive Motion is due by 3/15/2017. (jth) (Entered: 01/23/2017)
2017-01-26	15	JUDICIAL NOTICE by SAMUEL KNOWLES (jf) (Entered: 01/30/2017)
2017-02-21	16	RESPONSE to Respondent's Letter dated 01/31/2017 filed by SAMUEL KNOWLES. (jf) (Entered: 02/23/2017)
2017-03-07	17	RESPONSE re 16 Response to Document Opposing Plaintiff's Requested Relief filed by U.S. DEPARTMENT OF STATE. (Hair, Christopher) (Entered: 03/07/2017)
2017-03-13	18	MOTION for Extension of Time to File Dispositive Motion by U.S. DEPARTMENT OF STATE (Hair, Christopher) (Entered: 03/13/2017)
2017-03-20		MINUTE ORDER: Upon consideration of defendant's Motion for Enlargement of Time 18 , it is hereby ORDERED that the Motion is GRANTED nunc pro tunc, and defendant shall file its dispositive motion on or before 03/31/17. Signed by Judge Richard J. Leon on 03/20/17. (lcrjl1) (Entered: 03/20/2017)
2017-03-31	19	MOTION for Summary Judgment by U.S. DEPARTMENT OF STATE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Declaration of Eric F. Stein and Exhibits, # 5 Declaration of Gail A. Brodfuehrer and Exhibits, # 6 Declaration of Katherine L. Myrick and Exhibit)(Hair, Christopher) (Entered: 03/31/2017)
2017-04-07	20	Order advising plaintiff to respond by 5/22/2017 or Court may deem matter as conceded re: 19 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF STATE. Signed by Judge Richard J. Leon on 4/6/2017. (jth) (Entered: 04/07/2017)
2017-05-24	21	Memorandum in opposition to re 19 MOTION for Summary Judgment filed by SAMUEL KNOWLES. (Attachments: # 1 Declaration and Exhibits)(jf) (Entered: 05/24/2017)
2017-05-31	22	REPLY to opposition to motion re 19 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF STATE. (Hair, Christopher) (Entered: 05/31/2017)
2017-08-14	23	NOTICE of Appearance by Alexander Daniel Shoaibi on behalf of U.S. DEPARTMENT OF STATE (Shoaibi, Alexander) (Entered: 08/14/2017)
2018-01-17	24	MOTION to Take Judicial Notice by SAMUEL KNOWLES (jf) (Entered: 01/19/2018)
2018-03-29	25	MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 3/29/2018. (jth) (Entered: 03/29/2018)
2018-03-29	26	ORDER. For the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that Defendant's 19 Motion for Summary Judgment is GRANTED and Plaintiff's 24 Motion for the Court to Take Judicial Notice Pursuant to Fed. R. Evid. 201 is DENIED; and it is further ORDERED that judgment is entered for the Defendant on all claims, and this case is closed. This is a final appealable order. Signed by Judge Richard J. Leon on 3/29/2018. (jth) (Entered: 03/29/2018)
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