Case Detail

FOIA Project Annotation: A federal court in Ohio has ruled that the FBI conducted an adequate search for records concerning John Sharkey and properly redacted records under Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(E) (investigative methods and techniques). Sharkey requested records concerning his attempts to contact the FBI pertaining to his whistleblowing claims involving alleged insider trading during two weeks in June 2016. The agency found no responsive records, a decision which was upheld on appeal. However, after conducting another search, the FBI located 26 pages on Sharkey, none of which were responsive to the timeframe in his request, which it released with redactions under Exemption 7(C) and Exemption 7(E). The court upheld the Exemption 7(C) claim, noting that "records such as these, that are compiled and/or generated in the course of an investigation into potential criminal activity are the very type of records that fall within the purview of Exemption 7(C)." The court upheld the Exemption 7(E) claim as well. The court pointed out that "the FBI withheld key indicators that it uses for determining whether and how it enters data into non-public databases used for official law enforcement purposes. . .[P]ublic disclosure of such information would permit criminals to determine the types of information the FBI gathers, analyzes and utilizes within the database, and would reveal the location where such records and information is stored, making it vulnerable to cyber attackers."
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
2016-11-02	1	Complaint against U.S. Department of Justice. Filing fee paid, $400.00, receipt # 54660006076 filed by John J. Sharkey. (Attachments: # 1 Civil Cover Sheet) (M,TL) (Entered: 11/02/2016)
2016-11-02		Judge John R. Adams assigned to case. (M,TL) (Entered: 11/02/2016)
2016-11-02		Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (M,TL) (Entered: 11/02/2016)
2016-11-02	2	Original Summons and Magistrate Consent Form issued to plaintiff at counter for service upon U.S. Department of Justice c/o US Attorney General, US Department of Justice and US Attorney. (Attachments: # 1 Magistrate Consent Form) (M,TL) (Entered: 11/02/2016)
2016-11-02		Service by Clerk. Summons and Complaint addressed to U.S. Department of Justice (receipt #7015 0920 0002 34437210) and c/o US Attorney General (receipt #7015 0920 0002 3443 7197) and c/o Ohio US Attorney (receipt #7015 0920 0002 3443 7173) placed in U.S. Mail. Type of service: certified mail. (M,TL) (Entered: 11/02/2016)
2016-11-03	3	Motion to Consolidate with Case No. 5:16cv837 filed by Plaintiff John J. Sharkey. (S,HR) (Entered: 11/03/2016)
2016-11-07	4	Return of Service by Clerk by certified mail executed upon the U.S. Department of Justice c/o the U.S. Attorney on 11/4/2016, filed on behalf of John J. Sharkey. Related document(s) 2 . (S,HR) (Entered: 11/07/2016)
2016-11-09	5	Order of Reassignment. This case is returned to the Clerk for reassignment to Judge Sara Lioi for all further proceedings as related to 5:16CV837. Judge John R. Adams on 11/9/16. (K,C) (Entered: 11/09/2016)
2016-11-09		Judge Sara Lioi assigned to case. Judge John R. Adams terminated. (M,TL) (Entered: 11/09/2016)
2016-11-09		Copy of 5 Order reassigning case and Notice of Electronic Filing of Judge Reassignment mailed to John J. Sharkey, 1329 Weathervane Lane Apt. 2A, Akron, OH 44313 on 11/9/2016. (M,TL) (Entered: 11/09/2016)
2016-11-14	6	Initial Standing Order. Judge Sara Lioi on 11/14/2016. (P,J) (Entered: 11/14/2016)
2016-11-14	7	Order: This matter was transferred to the undersigned as related to a similar case before this Court, John J. Sharkey vs. Federal Bureau of Investigation, Case Number 5:16cv837. Magistrate Judge George J. Limbert has received the random assignment for the Magistrate Judge in this matter pursuant to Local Civil Rule 3.1. With the approval of Chief Judge Solomon Oliver, Jr., the Court directs that the random assignment of Magistrate Judge George J. Limbert be stricken and this case re-assigned to Magistrate Judge Kathleen B. Burke, who has the referral in the earlier-filed case mentioned above. Judge Sara Lioi on 11/14/2016. (P,J) (Entered: 11/14/2016)
2016-11-14	8	Order referring case to Magistrate Judge Kathleen B. Burke for general pretrial supervision. This referral includes all motions, including dispositive motions, through the close of discovery. The Magistrate Judge shall then prepare a report and recommendation on dispositive motions. Judge Sara Lioi on 11/14/2016. (P,J) (Entered: 11/14/2016)
2016-11-14		Copy of 6 Initial Order, 7 Order, and 8 Order of Referral mailed on 11/14/2016 to: John J. Sharkey, 1329 Weathervane Lane, Apt. 2A, Akron, OH 44313. (P,J) (Entered: 11/14/2016)
2016-11-17	9	Motion for appointment of counsel filed by Plaintiff John J. Sharkey. (M,TL) (Entered: 11/17/2016)
2016-11-17	10	Attorney Appearance by James R. Bennett, II filed by on behalf of U.S. Department of Justice. (Bennett, James) (Entered: 11/17/2016)
2016-11-17	11	Attorney Appearance by Lisa Hammond Johnson filed by on behalf of U.S. Department of Justice. (Johnson, Lisa) (Entered: 11/17/2016)
2016-11-17	12	Brief in Opposition to 3 Motion to Consolidate with Case No. 5:16cv837 filed by U.S. Department of Justice. (Bennett, James) Modified text on 11/18/2016 (H,KR). (Entered: 11/17/2016)
2016-11-29	13	Return of Service by Clerk by certified mail executed upon the U.S. Department of Justice and the U.S. Attorney on 11/8/2016 filed on behalf of John J. Sharkey. Related document(s) 2 . (S,HR) (Entered: 11/29/2016)
2016-12-01	14	Order: Plaintiff's Motion for Appointment of Counsel (Doc. 9 ) is DENIED for the same reasons explained in the Court's prior Orders denying him counsel in his related case. Magistrate Judge Kathleen B. Burke on 12/1/2016.(D,I) (Entered: 12/01/2016)
2016-12-01		Copy of 14 Order on Motion for appointment of counsel mailed to John J. Sharkey 1329 Weathervane Lane Apt. 2A Akron, OH 44313 on 12/1/2016. Related document(s) 14 . (D,I) (Entered: 12/01/2016)
2016-12-15	15	Order denying Plaintiff's Motion to consolidate his two cases (Related Doc # 3 ). Magistrate Judge Kathleen B. Burke on 12/14/2016.(D,I) (Entered: 12/15/2016)
2016-12-15	16	Case Management Conference Scheduling Order with telephonic case management conference set for 1/18/2017 at 10:00 AM before Magistrate Judge Kathleen B. Burke. Magistrate Judge Kathleen B. Burke on 12/15/2016. (Attachments: # 1 Report of the Parties Planning, # 2 Consent Package)(D,I) (Entered: 12/15/2016)
2016-12-15		Copy of 15 Order on Motion to consolidate cases and 16 Case Management Conference Scheduling Order, mailed to John J. Sharkey 1329 Weathervane Lane Apt. 2A Akron, OH 44313 on 12/15/2016. Related document(s) 15 , 16 . (D,I) (Entered: 12/15/2016)
2017-01-09	17	Answer to 1 Complaint filed by U.S. Department of Justice. (Bennett, James) (Entered: 01/09/2017)
2017-01-13	18	Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by U.S. Department of Justice. (Attachments: # 1 Exhibit Email Consent, # 2 Exhibit Objections to Initial Disclosures)Related document(s) 16 .(Johnson, Lisa) Modified text on 1/13/2017 (H,KR). (Entered: 01/13/2017)
2017-01-19	19	Minute Order of Case Management Conference held on 1/18/2017. During the call, the Court discussed and adopted the jointly proposed case management dates set forth in the Report of Parties' Planning Meeting (Doc. 18 ). A Case Management Plan will issue by separate Order. Court Reporter: Lori Callahan. Time: 5 minutes. Magistrate Judge Kathleen B. Burke on 1/18/2017. (D,I) (Entered: 01/19/2017)
2017-01-19	20	Case Management Conference Order. Case is assigned to the administrative track. Dispositive Motions due by 3/20/2017, Oppositions due by 4/19/2017, Replies to Responses due by 5/3/2017. The final pre-trial and trial will be set at a later date. Magistrate Judge Kathleen B. Burke on 1/18/2017. (D,I) (Entered: 01/19/2017)
2017-01-19		Copy of 20 Case Management Conference Plan/Order, 19 Minute Order _ Case Management Conference mailed to John J. Sharkey 1329 Weathervane Lane Apt. 2A Akron, OH 44313 on 1/19/2017. Related document(s) 20 , 19 . (D,I) (Entered: 01/19/2017)
2017-03-17	21	Motion for extension of time until April 10, 2017 to file its dispositive motion filed by Defendant U.S. Department of Justice. (Johnson, Lisa) (Entered: 03/17/2017)
2017-03-17		Order [non-document] granting [Doc. 21] Motion for Extension of Time until April 10, 2017, for Defendant to file its dispositive motion. Magistrate Judge Kathleen B. Burke on 3/17/2017.(W,Su) (Entered: 03/17/2017)
2017-03-17		Copy of non-document order dated 3/17/2017 mailed to John J. Sharkey at 1329 Weathervane Lane, Apt. 2A, Akron, OH 44313 on 3/17/2017. (D,I) (Entered: 03/17/2017)
2017-04-07	22	Motion for summary judgment filed by Defendant U.S. Department of Justice. (Attachments: # 1 Brief in Support, # 2 Affidavit Declaration of David M. Hardy, # 3 Exhibit A-N attached to Declaration of Hardy)(Johnson, Lisa) (Entered: 04/07/2017)
2018-02-13	23	Memorandum Opinion: For all of the foregoing reasons, as well as those set forth in U. S. Department of Justice's dispositive motion, the Court grants U. S. Department of Justice summary judgment. This case is dismissed. (Related Doc. No. 22 ). Judge Sara Lioi on 2/13/2018. (P,J) (Entered: 02/13/2018)
2018-02-13	24	Judgment Entry: For the reasons set forth in the Court's contemporaneously filed memorandum opinion (Doc. No. 23 ), the motion of defendant United States Department of Justice for summary judgment (Doc. No. 22 ) is granted, and this case is dismissed. Judge Sara Lioi on 2/13/2018. (P,J) (Entered: 02/13/2018)
2018-02-13		Copy of 23 Memorandum Opinion and 24 Judgment Entry mailed on 2/13/2018 to: John J. Sharkey, 1329 Weathervane Lane, Apt. 2A, Akron, OH 44313. (P,J) (Entered: 02/13/2018)
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