Case Detail

FOIA Project Annotation: Judge Amy Berman Jackson has ruled the Inspector General at the Department of Justice and the FBI conducted adequate searches and properly withheld records under a variety of exemptions in response to a request from Judicial Watch and William Dutton, who had been involved in providing information to law enforcement agencies pertaining to drug trafficking and terrorism in Texas and New Mexico, for records on himself. OIG located eight pages and withheld six pages under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). After initially telling Dutton that it found no records, the FBI reopened the request after OIG identified responsive records at the FBI. This time, the FBI located 1,100 pages, disclosing only six pages in full and 79 pages in part, and withholding 1,015 pages in full under a number of exemptions. Dutton argued that the FBI should have searched using other keywords aside from Dutton's name. Siding with the agency, Jackson noted that "the information proffered by plaintiffs about how the search should have been undertaken may be based on those declarants' previous experience at the agency, but in the end, they simply offer unsubstantiated opinion or speculation about what could or should have been done and therefore fail to rebut the good faith presumption afforded to the agency's affidavits." Dutton argued that Exemption 7(C) did not apply to some records that had been withheld in full. But Jackson accepted the FBI's explanation that a letter to Senator Tom Udall was redacted "because it is very singular in nature, solely related to a third party, and if released in part, could still be used to identify the third party individual" and that other pages withheld in full under Exemption 7(C) "consist completely of pictures and personally identifiable information regarding third party individuals and no additional information can be released, without risking invasion of these individuals' personal privacy." Jackson also agreed with the agencies' Exemption 7(E) claims, observing that they were "printouts from protected FBI databases" and that "revealing the database's identity, or specific information relating to the database, could reasonably be expected to cause harm to the investigation by revealing the type of data that is useful to the FBI's law enforcement mission. . ."
Issues: Adequacy - Search, Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 7(E) - Investigative methods or techniques

Date Filed	Doc #	Docket Text
2016-07-21	1	COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4613125) filed by WILLIAM WESLEY DUTTON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Department of Justice, # 3 Summons U.S. Attorney, # 4 Summons U.S. Attorney General)(Orfanedes, Paul) (Entered: 07/21/2016)
2016-07-21	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Orfanedes, Paul) (Entered: 07/21/2016)
2016-07-22		Case Assigned to Judge Amy Berman Jackson. (sb) (Entered: 07/22/2016)
2016-07-22	3	SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Form)(sb) (Entered: 07/22/2016)
2016-07-26	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/26/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 8/25/2016.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/26/16., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 7/26/2016 (Attachments: # 1 Declaration of Cristina Rotaru)(Orfanedes, Paul) (Entered: 07/26/2016)
2016-08-02	5	NOTICE of Appearance by William Mark Nebeker on behalf of U.S. DEPARTMENT OF JUSTICE (Nebeker, William) (Entered: 08/02/2016)
2016-08-02	6	NOTICE of Appearance by Ramona Raula Cotca on behalf of All Plaintiffs (Cotca, Ramona) (Entered: 08/02/2016)
2016-08-24	7	ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Nebeker, William) (Entered: 08/24/2016)
2016-08-24		MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiffs on or before September 21, 2016. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/24/2016. (lcabj3) (Entered: 08/24/2016)
2016-09-21	8	STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 09/21/2016)
2016-09-22		MINUTE ORDER. In light of defendant's 8 status report, the parties shall file a joint status report by December 12, 2016, setting forth a schedule for further proceedings, if necessary. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/22/2016.(lcabj3) (Entered: 09/22/2016)
2016-12-12	9	Joint STATUS REPORT by WILLIAM WESLEY DUTTON, JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 12/12/2016)
2016-12-12		MINUTE ORDER. In light of the 9 joint status report, defendant's motion for summary judgment shall be filed by February 28, 2017. Plaintiffs' opposition, combined with any cross-motion and supported by a single memorandum of points and authorities, shall be filed by March 31, 2017. Defendant's reply and cross-opposition, supported by a single memorandum of points and authorities, shall be filed by May 1, 2017. Plaintiffs' cross-reply, if necessary, shall be filed by May 19, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/12/2016. (lcabj3) (Entered: 12/12/2016)
2017-02-22	10	Unopposed MOTION for Extension of Time to Extend Summary Judgment Schedule re 1 Complaint, by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) Modified text per chambers on 2/23/2017 (td). (Entered: 02/22/2017)
2017-02-23		MINUTE ORDER granting defendant's 10 unopposed motion for an extension of time. Defendant's motion for summary judgment shall be filed by April 26, 2017. Plaintiffs' opposition, combined with any cross-motion and supported by a single memorandum of points and authorities, shall be filed by May 26, 2017. Defendant's reply, combined with any cross-opposition and supported by a single memorandum of points and authorities, shall be filed by June 28, 2017. And plaintiffs' cross reply shall be filed by July 19, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/23/2017. (lcabj3) (Entered: 02/23/2017)
2017-04-25	11	Unopposed MOTION for Extension of Time to File Dispositive Motion by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 04/25/2017)
2017-04-26		MINUTE ORDER granting defendant's 11 unopposed motion for an extension of time. Defendant's motion for summary judgment shall be filed by May 3, 2017. Plaintiffs' opposition, combined with any cross-motion and supported by a single memorandum of points and authorities, shall be filed by June 2, 2017. Defendant's reply, combined with any cross-opposition and supported by a single memorandum of points and authorities, shall be filed by July 7, 2017. And plaintiffs' cross-reply, if any, shall be filed by July 28, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/26/2017. (lcabj3) (Entered: 04/26/2017)
2017-05-03	12	MOTION for Extension of Time to File Dispositive Motion by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 05/03/2017)
2017-05-03	13	NOTICE OF SUPPLEMENTAL AUTHORITY by U.S. DEPARTMENT OF JUSTICE (Nebeker, William) (Entered: 05/03/2017)
2017-05-03		MINUTE ORDER granting defendant's 12 unopposed motion for an extension of time. Defendant's motion for summary judgment shall be filed by May 8, 2017. Plaintiffs' opposition, combined with any cross-motion and supported by a single memorandum of points and authorities, shall be filed by June 7, 2017. Defendant's reply, combined with any cross-opposition and supported by a single memorandum of points and authorities, shall be filed by July 12, 2017. And plaintiffs' cross-reply, if necessary, shall be filed by August 2, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/3/2017. (lcabj3) (Entered: 05/03/2017)
2017-05-08	14	MOTION to Dismiss Or, In The Alternative , MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration Deborah M. Waller (OIG), # 2 Declaration Davod M. Hardy (Public), # 3 Exhibit 1 (5/8/17 email), # 4 Text of Proposed Order)(Nebeker, William) (Entered: 05/08/2017)
2017-05-08	15	Unopposed MOTION Leave To File Unredacted Declaration Ex Parte and In Camera re 14 MOTION for Summary Judgment MOTION to Dismiss Or, In The Alternative by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration Davis M. Hardy (Redacted Ex Parte, In Camera), # 2 Text of Proposed Order)(Nebeker, William) (Entered: 05/08/2017)
2017-05-09		MINUTE ORDER granting defendant's 15 unopposed motion to file the unredacted declaration of Davis M. Hardy ex parte and under seal. Defendant is directed to present the unredacted document to the court security information officer. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/9/2017. (lcabj3) (Entered: 05/09/2017)
2017-05-09	17	SEALED DOCUMENT(Declaration of Davis M. Hardy) filed by U.S. DEPARTMENT OF JUSTICE. re Order on Motion for Miscellaneous Relief,. (This document is SEALED and only available to authorized persons.)(ztd) (Entered: 05/10/2017)
2017-05-10	16	NOTICE (Notice of In Camera, Ex Parte Submission) by U.S. DEPARTMENT OF JUSTICE re Order on Motion for Miscellaneous Relief, (Nebeker, William) (Entered: 05/10/2017)
2017-06-05	18	Unopposed MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Summary Judgment MOTION to Dismiss Or, In The Alternative by WILLIAM WESLEY DUTTON, JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Cotca, Ramona) (Entered: 06/05/2017)
2017-06-05		MINUTE ORDER granting the parties' 18 consent motion for an extension of time. Plaintiffs' opposition, combined with any cross-motion and supported by a single memorandum of points and authorities, shall be filed by June 23, 2017. Defendant's reply in support of its motion, combined with any cross-opposition and supported by a single memorandum of points and authorities, shall be filed shall be filed by August 1, 2017. Plaintiffs' cross-reply, if necessary, shall be filed by August 22, 2017. The Court notes that the time for both replies is much longer than what is contemplated by the Local Rules and the Court's usual more generous practice, so there should not be a need for additional extensions of those dates. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/5/2017. (lcabj3) (Entered: 06/05/2017)
2017-06-06		Set/Reset Deadlines: Plaintiffs' opposition, combined with any cross-motion and supported by a single memorandum of points and authorities, due 6/23/2017; Defendant's reply in support of its motion, combined with any cross-opposition and supported by a single memorandum of points and authorities, due 8/1/2017; Plaintiffs' cross-reply, if necessary, due 8/22/2017. (kt) (Entered: 06/06/2017)
2017-06-23	19	Memorandum in opposition to re 14 MOTION for Summary Judgment MOTION to Dismiss Or, In The Alternative with Plaintiffs' Response to Defendant's Statement of Facts and Plaintiff's Statement of Undisputed Facts filed by WILLIAM WESLEY DUTTON, JUDICIAL WATCH, INC.. (Attachments: # 1 Declaration Christopher J. Farrell with Exhibits, # 2 Declaration Michael J. Sharkey, # 3 Text of Proposed Order)(Cotca, Ramona) (Entered: 06/23/2017)
2017-06-23	20	Cross MOTION for Summary Judgment with Plaintiffs' Statement of Undisputed Facts and Response to Defendant's Statement of Material Facts by WILLIAM WESLEY DUTTON, JUDICIAL WATCH, INC. (Attachments: # 1 Declaration Christopher J. Farrell with Exhibits, # 2 Declaration Michael J. Sharkey, # 3 Text of Proposed Order)(Cotca, Ramona) (Entered: 06/23/2017)
2017-06-23	21	SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by WILLIAM WESLEY DUTTON, JUDICIAL WATCH, INC. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit Exhibit under Seal with partial redactions, # 2 Text of Proposed Order)(Cotca, Ramona) (Entered: 06/23/2017)
2017-06-26		MINUTE ORDER granting plaintiff's 21 unopposed motion for leave to file under seal. The Clerk of Court is directed to docket the [Dkt. # 21-1] exhibit to plaintiff's opposition and cross motion UNDER SEAL. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/26/2017. (lcabj3) (Entered: 06/26/2017)
2017-06-26	22	SEALED EXHIBIT filed by WILLIAM WESLEY DUTTON, JUDICIAL WATCH, INC.. RE 19 Memorandum in opposition to re 14 MOTION for Summary Judgment MOTION to Dismiss; 20 Cross MOTION for Summary Judgment(This document is SEALED and only available to authorized persons.) (zjf) (Main Document 22 replaced on 6/27/2017) (zjth). (Entered: 06/27/2017)
2017-08-01	23	Unopposed MOTION for Extension of Time to File Response/Reply as to 20 Cross MOTION for Summary Judgment with Plaintiffs' Statement of Undisputed Facts and Response to Defendant's Statement of Material Facts , 14 MOTION for Summary Judgment MOTION to Dismiss Or, In The Alternative by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 08/01/2017)
2017-08-02		MINUTE ORDER granting defendant's 23 unopposed motion for an extension of time. Defendant's reply in support of its motion, combined with any cross-opposition and supported by a single memorandum of points and authorities, shall be filed by August 16, 2017. Plaintiffs' cross-reply shall be filed by September 14, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/2/2017. (lcabj3) (Entered: 08/02/2017)
2017-08-16	24	REPLY to opposition to motion re 14 MOTION for Summary Judgment MOTION to Dismiss Or, In The Alternative For Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Second Hardy, # 2 Declaration Second Waller, # 3 Text of Proposed Order)(Nebeker, William) Modified link on 8/17/2017 (znmw). (Entered: 08/16/2017)
2017-08-16	25	Memorandum in opposition to re 20 Cross MOTION for Summary Judgment with Plaintiffs' Statement of Undisputed Facts and Response to Defendant's Statement of Material Facts (See ECF No. 24 for attachments) filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 08/16/2017)
2017-08-16	26	MOTION For Leave To Submit Second Declaration In Camera, Ex Parte re 25 Memorandum in Opposition, 24 Reply to opposition to Motion, by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration Redacted Second In Camera, Ex Parte Hardy, # 2 Text of Proposed Order)(Nebeker, William) (Entered: 08/16/2017)
2017-08-31		MINUTE ORDER granting defendant's 26 motion to submit the unredacted declaration of David M. Hardy in camera and ex parte. "[T]he receipt of in camera affidavits is... 'part of a trial judge's procedural arsenal.'" Arieff v. U.S. Dep't of Navy, 712 F.2d 1462, 1469 (D.C. Cir. 1983), quoting United States v. Southard, 700 F.2d 1, 11 (1st Cir. 1983). The unredacted declaration shall be submitted by September 8, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/31/2017. (lcabj3) (Entered: 08/31/2017)
2017-09-03		Set/Reset Deadlines: The unredacted declaration of David M. Hardy in camera and ex parte shall be submitted by 9/8/2017. (jth) (Entered: 09/03/2017)
2017-09-08	27	NOTICE (Notice of In Camera, Ex Parte Submission) by U.S. DEPARTMENT OF JUSTICE re Order on Motion for Miscellaneous Relief,, (Nebeker, William) (Entered: 09/08/2017)
2017-09-14	28	REPLY to opposition to motion re 20 Cross MOTION for Summary Judgment with Plaintiffs' Statement of Undisputed Facts and Response to Defendant's Statement of Material Facts filed by WILLIAM WESLEY DUTTON, JUDICIAL WATCH, INC.. (Cotca, Ramona) (Entered: 09/14/2017)
2018-03-19	29	ORDER. Pursuant to Federal Rules of Civil Procedure 56 and 58, and for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that defendant's Motion for Summary Judgment 14 is GRANTED, and that plaintiffs' Cross-Motion for Summary Judgment 20 is DENIED. This is a final and appealable order. SO ORDERED. Signed by Judge Amy Berman Jackson on 03/19/2018. (lcabj3) (Entered: 03/19/2018)
2018-03-19	30	MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 03/19/2018. (lcabj3) (Entered: 03/19/2018)
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