Case Detail

FOIA Project Annotation: Judge Colleen Kollar-Kotelly has ruled that the final termination letter for Raymond Granger, a former Assistant U.S. Attorney in the Eastern District of New York who was terminated in 1995, is protected in its entirely under Exemption 6 (invasion of privacy). Howard Bloomgarden, who was convicted of murder charges in California in 2014, had previously requested records about Granger's termination with the hope that they might help him get a new trial. In earlier litigation that went up through the D.C. Circuit, Judge Ellen Segal Huvelle reviewed more than 3,600 pages from Granger's file and found that a draft termination letter prepared in Granger's case was protected by Exemption 6. This time, Bloomgarden requested Granger's records from the National Archives and Records Administration, which found three potentially responsive records, including the final termination letter, but decided to withhold them under Exemption 6 as well. This time around, Kollar-Kotelly found that disclosure of the historic records would still be an invasion of Granger's privacy. She agreed that "the public does have an interest in knowing how the agency or department in question dealt with the misconduct," but pointed out that "due to the two decades which have passed since Mr. Granger was terminated, the information contained in the requested letters will illuminate little about the current internal operations of the U.S. Attorney's Office." She observed that "here, the invasion of privacy resulting from the disclosure of the two letters would be clearly unwarranted. Mr. Granger maintains a strong privacy interest in the information contained in the termination letters. His interest is especially strong given his continued work in the legal field. In contrast, the public's interest in disclosure of the letters is relatively low. The letters related only to the two-decades old termination of a lower-level government attorney. The letters do not show systemic failures or a larger pattern of misconduct on the part of the U.S. Attorney's Office."
Issues: Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2017-12-14	1	COMPLAINT against NATIONAL ARCHIVES AND RECORDS ADMINISTRATION ( Filing fee $ 400 receipt number 0090-5247923) filed by HOWARD BLOOMGARDEN. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Civil Cover Sheet, # 4 Summons)(Hodes, Scott) (Entered: 12/14/2017)
2017-12-14		Case Assigned to Judge Colleen Kollar-Kotelly. (jd) (Entered: 12/15/2017)
2017-12-15	2	SUMMONS (3) Issued Electronically as to NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(jd) (Entered: 12/15/2017)
2017-12-15	3	ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 12/15/2017. (DM) (Entered: 12/15/2017)
2018-01-09	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/26/2017. Answer due for ALL FEDERAL DEFENDANTS by 1/25/2018. (Hodes, Scott) (Entered: 01/09/2018)
2018-01-09	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION served on 12/28/2017 (Hodes, Scott) (Entered: 01/09/2018)
2018-01-09	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/22/17. (Hodes, Scott) (Entered: 01/09/2018)
2018-01-25	7	NOTICE of Appearance by Marsha Wellknown Yee on behalf of NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Yee, Marsha) (Entered: 01/25/2018)
2018-01-25	8	ANSWER to 1 Complaint by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.(Yee, Marsha) Modified to add link on 1/26/2018 (znmw). (Entered: 01/25/2018)
2018-01-26	9	ORDER. The parties shall file a Joint Status Report by no later than FEBRUARY 16, 2018. Signed by Judge Colleen Kollar-Kotelly on 1/26/2018. (lcckk3) (Entered: 01/26/2018)
2018-01-26		Set/Reset Deadlines: Joint Status Report due by 2/16/2018. (dot) (Entered: 01/26/2018)
2018-02-16	10	Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 02/16/2018)
2018-02-16	11	SCHEDULING AND PROCEDURES ORDER. Signed by Judge Colleen Kollar-Kotelly on 2/16/2018. (lcckk3) (Entered: 02/16/2018)
2018-02-20		Set/Reset Deadlines: Cross Motion due by 4/20/2018. Response to Cross Motion due by 5/25/2018. Summary Judgment motion due by 3/13/2018. Response to Motion for Summary Judgment due by 4/20/208. Reply to Motion for Summary Judgment due by 5/25/2018. (tb) (Entered: 02/20/2018)
2018-03-13	12	MOTION for Summary Judgment by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Attachments: # 1 Statement of Facts, # 2 Declaration Martha Wagner Murphy, # 3 Text of Proposed Order)(Yee, Marsha) (Entered: 03/13/2018)
2018-04-20	13	SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by HOWARD BLOOMGARDEN (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order, # 2 Statement of Facts, # 3 Memorandum in Support, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Hodes, Scott) (Entered: 04/20/2018)
2018-04-20	14	MOTION for Summary Judgment by HOWARD BLOOMGARDEN (Attachments: # 1 Text of Proposed Order)(Hodes, Scott) (Entered: 04/20/2018)
2018-05-25	15	REPLY to opposition to motion re 12 MOTION for Summary Judgment filed by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Responses to Pl.'s Additional Material Facts, # 2 Text of Proposed Order)(Yee, Marsha) (Entered: 05/25/2018)
2018-05-25	16	Memorandum in opposition to re 14 MOTION for Summary Judgment filed by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Responses to Pl.'s Additional Material Facts, # 2 Text of Proposed Order)(Yee, Marsha) (Entered: 05/25/2018)
2018-06-08	17	REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by HOWARD BLOOMGARDEN. (Hodes, Scott) (Entered: 06/08/2018)
2018-08-14	18	NOTICE OF SUPPLEMENTAL AUTHORITY by HOWARD BLOOMGARDEN (Attachments: # 1 Exhibit)(Hodes, Scott) (Entered: 08/14/2018)
2018-09-27		MINUTE ORDER. The Court finds that in camera review of the documents relating to Plaintiff's FOIA request is necessary to make a responsible de novo determination on the claims of exemption. See Larson v. Dept of State, 565 F.3d 857, 869-70 (D.C. Cir. 2009). The Court ORDERS Defendant to present the two responsive letters from Plaintiff's FOIA request to the Court for in camera review. Defendant may furnish to the Court the letters ex parte and under seal for in camera review, or Defendant may contact the Court suggesting another method of delivering the letters for the Court's in camera review. Defendant is ORDERED to provide the Court with the two letters for in camera review by OCTOBER 4, 2018. Signed by Judge Colleen Kollar-Kotelly on 09-27-2018. (lcckk3) (Entered: 09/27/2018)
2018-09-27		Set/Reset Deadlines: Defendant's In-Camera Submission due by 10/4/2018. (kt) (Entered: 09/27/2018)
2018-10-09	19	SEALED ORDER re 13 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by HOWARD BLOOMGARDEN (This document is SEALED and only available to authorized persons.) filed by HOWARD BLOOMGARDEN.(This document is SEALED and only available to authorized persons.)Signed by Judge Colleen Kollar-Kotelly on 10/9/18.(zdot) (Entered: 10/10/2018)
2018-10-15	20	SEALED ORDER That the Plaintiff to file a redacted copy of documents by October 19, 2018. See Order for details. (This document is SEALED and only available to authorized persons.)Signed by Judge Colleen Kollar-Kotelly on 10/15/18.(zdot) (Entered: 10/16/2018)
2018-10-17	21	Consent MOTION for Extension of Time to File Redacted Documents by HOWARD BLOOMGARDEN (Attachments: # 1 Text of Proposed Order)(Hodes, Scott) (Entered: 10/17/2018)
2018-10-18		MINUTE ORDER: The Court is in receipt of Plaintiff's 21 Unopposed Motion for Extension of Time. Plaintiff requests this extension of time due to a delay in receiving the Court's 19 Sealed Order. The Court GRANTS Plaintiff's Motion. Plaintiff is ORDERED to file the redacted documents by OCTOBER 24, 2018. Signed by Judge Colleen Kollar-Kotelly on 10/18/2018. (lcckk3) (Entered: 10/18/2018)
2018-10-18		Set/Reset Deadlines: Plaintiff is ORDERED to file the redacted documents by 10/24/2018. (dot) (Entered: 10/22/2018)
2018-10-23	22	NOTICE of Filing of Redacted Documents by HOWARD BLOOMGARDEN re Order on Motion for Extension of Time to File, (Attachments: # 1 Exhibit Redacted documents, # 2 Exhibit Redacted documents, # 3 Memorandum in Support Redacted documents, # 4 Statement of Facts Redacted documents, # 5 Exhibit Redacted documents)(Hodes, Scott) (Entered: 10/23/2018)
2018-10-26	23	ORDER granting 12 Motion for Summary Judgment; denying 14 Motion for Summary Judgment. Signed by Judge Colleen Kollar-Kotelly on 10/26/2018.(lcckk3) (Entered: 10/26/2018)
2018-10-26	24	MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 10/26/2018. (lcckk3) (Entered: 10/26/2018)
Hide Docket Events