Case Detail

FOIA Project Annotation: A federal court in New York has ruled that the public interest in knowing the identities of a U.S. Attorney and a supervisory Assistant U.S. Attorney whose consensual affair contributed to a hostile work environment for other employees outweighs the privacy interest of the two individuals under Exemption 7(C) (invasion of privacy concerning law enforcement records), but that another allegation of misconduct by the U.S. Attorney involving another employee that was unsubstantiated should remain protected. BuzzFeed requested a copy of the full Office of the Inspector General investigation report entitled "Findings of Misconduct by a Former United States Attorney for Having an Inappropriate Relationship with a Subordinate" after an investigative summary was posted on the OIG's website in May 2017. The agency disclosed the report with redactions under Exemption 6 (invasion of privacy) and Exemption 7(C). Judge Vernon Broderick indicated that since the records qualified under the more protective Exemption 7(C), he only needed to review whether the redactions were appropriate under the law enforcement privacy exemption. Broderick agreed with the agency that the U.S. Attorney and the supervisory AUSA had more than a de minimis privacy interest, but that BuzzFeed had shown a significant public interest in disclosure of their identities. He noted that both attorneys qualified as high-level officials, pointing out that "the Supervisory AUSA reasonably falls closer to a 'senior manager' in the hierarchical continuum." As to the degree of misconduct, Broderick observed that "the consequences of the wrongdoing directly impacted the work environment of the Office. Indeed, the actions of the U.S. Attorney and Supervisory AUSA led to the filing of complaints and could have led to lawsuits." While the government attempted to downplay the seriousness of the charges, Broderick pointed out that "the improper relationship was so open and obvious that it caused employees within the Office to feel powerless, embarrassed, and distracted, and resulted in a work environment that some described as unbearable and hostile." Broderick also found disclosure of the identities of the two attorneys would shed light on government operations and activities. He noted that "the information sought by Plaintiff would shed light on the misconduct of managerial-level employees, how that misconduct affected their abilities to fulfill their professional responsibilities, and the impact that misconduct had on the operation of the Office." He found that disclosure of the identities of the two attorneys was in the public interest. 9However, he rejected BuzzFeed's claim that identifying information about another allegation that the OIG found unsubstantiated should be disclosed as well. He noted that "Plaintiff has proffered no such evidence of negligence or impropriety by the OIG in investigating the additional allegations or preparing the Report beyond 'bare suspicion.'"
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2017-10-16	1	COMPLAINT against Department Of Justice. (Filing Fee $ 400.00, Receipt Number 0208-14248968)Document filed by Buzzfeed, Inc.. (Attachments: # 1 Exhibit Request, # 2 Exhibit Finding of Misconduct, # 3 Exhibit Determination, # 4 Exhibit Appeal, # 5 Exhibit Affirming Determination)(Syed, Nabiha) (Entered: 10/16/2017)
2017-10-16	2	CIVIL COVER SHEET filed. (Syed, Nabiha) (Entered: 10/16/2017)
2017-10-16	3	FILING ERROR NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate NBCUniversal Media LLC for Buzzfeed, Inc.. Document filed by Buzzfeed, Inc..(Syed, Nabiha) Modified on 10/17/2017 (lb). (Entered: 10/16/2017)
2017-10-16	4	REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 1 Complaint,. Document filed by Buzzfeed, Inc.. (Syed, Nabiha) (Entered: 10/16/2017)
2017-10-16	5	NOTICE OF APPEARANCE by Matthew Lynn Schafer on behalf of Buzzfeed, Inc.. (Schafer, Matthew) (Entered: 10/16/2017)
2017-10-17		***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Nabiha Syed to RE-FILE Document 3 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Not All Corporate Parents were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) (Entered: 10/17/2017)
2017-10-17		***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Nabiha Syed. The party information for the following party/parties has been modified: Department Of Justice. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (kl) (Entered: 10/17/2017)
2017-10-17		CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (kl) (Entered: 10/17/2017)
2017-10-17		Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (kl) (Entered: 10/17/2017)
2017-10-17		Case Designated ECF. (kl) (Entered: 10/17/2017)
2017-10-17	6	ELECTRONIC SUMMONS ISSUED as to U.S. Department of Justice. (kl) (Entered: 10/17/2017)
2017-10-17	7	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Comcast Corporation, Other Affiliate NBCUniversal Media LLC for Buzzfeed, Inc.. Document filed by Buzzfeed, Inc..(Syed, Nabiha) (Entered: 10/17/2017)
2017-10-18	8	SUMMONS RETURNED EXECUTED (FOIA CASE). U.S. Department of Justice served on 10/17/2017, answer due 11/16/2017. Service was made by Mail. Document filed by Buzzfeed, Inc.. (Schafer, Matthew) (Entered: 10/18/2017)
2017-11-16	9	ANSWER to 1 Complaint,. Document filed by U.S. Department of Justice.(Chaudhury, Arastu) (Entered: 11/16/2017)
2018-01-23	10	ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 2/8/2018 at 11:00 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 1/23/2018) (kgo) (Entered: 01/23/2018)
2018-01-30	11	JOINT LETTER addressed to Judge Vernon S. Broderick from Nabiha Syed dated January 30, 2018 re: Initial Conference. Document filed by Buzzfeed, Inc..(Syed, Nabiha) (Entered: 01/30/2018)
2018-01-31	12	MEMO ENDORSEMENT on re: 11 Letter filed by Buzzfeed, Inc. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. The initial pre-trial conference scheduled for February 8, 2018 is adjourned. The parties' request for a briefing schedule for their cross-motions for summary judgment as set forth in paragraph 3 of the parties' January 30, 2018 letter, (Doc. 11), is GRANTED. (Cross Motions due by 4/11/2018. Motions due by 3/12/2018. Responses due by 5/11/2018. Replies due by 5/11/2018.) (Signed by Judge Vernon S. Broderick on 1/31/2018) (ras) (Entered: 01/31/2018)
2018-03-07	13	LETTER MOTION for Extension of Time addressed to Judge Vernon S. Broderick from Arastu K. Chaudhury dated March 7, 2018. Document filed by U.S. Department of Justice. (Attachments: # 1 Text of Proposed Order)(Chaudhury, Arastu) (Entered: 03/07/2018)
2018-03-08	14	ORDER granting 13 Letter Motion for Extension of Time: APPLICATION GRANTED. The Government's request for an extension of time regarding the parties' briefing schedule for their cross-motions for summary judgment as set forth herein is GRANTED. (Cross Motions due by 4/20/2018. Motions due by 3/21/2018.) (Signed by Judge Vernon S. Broderick on 3/8/2018) (jwh) Modified on 5/7/2018 (jwh). (Entered: 03/08/2018)
2018-03-08		Set/Reset Deadlines: Responses due by 5/18/2018 Replies due by 6/1/2018. (jwh) (Entered: 03/08/2018)
2018-03-21	15	MOTION for Summary Judgment . Document filed by U.S. Department of Justice.(Chaudhury, Arastu) (Entered: 03/21/2018)
2018-03-21	16	MEMORANDUM OF LAW in Support re: 15 MOTION for Summary Judgment . . Document filed by U.S. Department of Justice. (Chaudhury, Arastu) (Entered: 03/21/2018)
2018-03-21	17	DECLARATION of Deborah M. Waller in Support re: 15 MOTION for Summary Judgment .. Document filed by U.S. Department of Justice. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Chaudhury, Arastu) (Entered: 03/21/2018)
2018-04-20	18	CROSS MOTION for Summary Judgment . Document filed by Buzzfeed, Inc.. Responses due by 5/18/2018(Syed, Nabiha) (Entered: 04/20/2018)
2018-04-20	19	MEMORANDUM OF LAW in Support re: 18 CROSS MOTION for Summary Judgment . . Document filed by Buzzfeed, Inc.. (Syed, Nabiha) (Entered: 04/20/2018)
2018-04-20	20	FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 18 CROSS MOTION for Summary Judgment . . Document filed by Buzzfeed, Inc.. (Attachments: # 1 Supplement Rule 56.1 Statement of Undisputed Material Facts)(Syed, Nabiha) Modified on 4/24/2018 (db). (Entered: 04/20/2018)
2018-04-20	21	DECLARATION of Matthew L. Schafer in Support re: 18 CROSS MOTION for Summary Judgment .. Document filed by Buzzfeed, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Syed, Nabiha) (Entered: 04/20/2018)
2018-04-20	22	DECLARATION of Zoe Tillman in Support re: 18 CROSS MOTION for Summary Judgment .. Document filed by Buzzfeed, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Syed, Nabiha) (Entered: 04/20/2018)
2018-04-24		***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Nabiha Syed to RE-FILE Document 20 Memorandum of Law in Support of Motion. ERROR(S): Rule 56.1 Statement is filed separately, receiving its own document #. Only refile the Rule 56.1 Statement using the Event found under - Other Answers. (db) (Entered: 04/24/2018)
2018-04-24	23	RULE 56.1 STATEMENT. Document filed by Buzzfeed, Inc.. (Syed, Nabiha) (Entered: 04/24/2018)
2018-05-18	24	REPLY MEMORANDUM OF LAW in Support re: 15 MOTION for Summary Judgment . and in Opposition to Plaintiff's Cross-Motion . Document filed by U.S. Department of Justice. (Chaudhury, Arastu) (Entered: 05/18/2018)
2018-05-18	25	RULE 56.1 STATEMENT. Document filed by U.S. Department of Justice. (Chaudhury, Arastu) (Entered: 05/18/2018)
2018-06-01	26	REPLY MEMORANDUM OF LAW in Support re: 18 CROSS MOTION for Summary Judgment . . Document filed by Buzzfeed, Inc.. (Syed, Nabiha) (Entered: 06/01/2018)
2018-12-27	27	STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (ne) (Entered: 01/07/2019)
2018-12-27		Case Stayed (ne) (Entered: 01/16/2019)
2019-03-01	28	CONSENT MOTION for Matthew Lynn Schafer to Withdraw as Attorney for BuzzFeed, Inc. . Document filed by Buzzfeed, Inc.. (Attachments: # 1 Text of Proposed Order)(Schafer, Matthew) (Entered: 03/01/2019)
2019-03-04	29	MEMO ENDORSEMENT granting 28 Motion to Withdraw as Attorney. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Attorney Matthew Lynn Schafer terminated.) (Signed by Judge Vernon S. Broderick on 3/4/2019) (rro) (Entered: 03/04/2019)
2019-03-11	30	OPINION & ORDER re: 15 MOTION for Summary Judgment . filed by U.S. Department of Justice, 18 CROSS MOTION for Summary Judgment . filed by Buzzfeed, Inc. For the foregoing reasons, Defendant's motion for summary judgment is GRANTED IN PART AND DENIED IN PART, and Plaintiff's cross motion for summary judgment is GRANTED IN PART AND DENIED IN PART. The Government is directed to provide Plaintiff with a copy of the Report that contains all identifying information pertaining to the U.S. Attorney and Supervisory AUSA in unredacted form on or before April 12, 2019. The Clerk of Court is respectfully directed to close the open motions at Dkt. Nos. 15 and 18 and close the case. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/11/2019) (rro) Transmission to Orders and Judgments Clerk for processing. (Entered: 03/11/2019)
2019-03-11	31	CLERK'S JUDGMENT re: 30 Memorandum & Opinion in favor of Buzzfeed, Inc., U.S. Department of Justice against Buzzfeed, Inc., U.S. Department of Justice. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated March 11, 2019, Defendant's motion for summary judgment is GRANTED IN PART AND DENIED IN PART, and Plaintiff's cross motion for summary judgment is GRANTED IN PART AND DENIED IN PART; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/11/2019) (Attachments: # 1 Right to Appeal)(km) (Entered: 03/11/2019)
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