Case Detail

FOIA Project Annotation: Judge Dabney Friedrich has ruled that the Executive Office for U.S. Attorneys has not yet shown that records it withheld from prisoner David Williams were protected either by a court sealing order or Exemption 3 (other statutes). Williams was convicted of mail fraud and other crimes. Nearly 10 years later, he filed a request with EOUSA for records pertaining to his conviction. Williams filed suit after the agency failed to respond. The agency then disclosed 528 pages in full, 30 pages in part, and withheld 249 pages in full. Williams argued that the agency was required to identify those portions of the records that pertained to potentially exculpatory evidence. Friedrich disagreed, noting that while Williams was free to request all records related to his case including "any Brady, Giglio, or Jencks Act material the government may have, but [FOIA] does not require EOUSA to identify the materials as such." The agency had withheld 10 records solely because they had been sealed by the court. Friedrich found that explanation wanting and pointed out that under Morgan v. Dept of Justice, 923 F.2d 195 (D.C. Cir. 1991), "the mere existence of a court seal is, without more, insufficient to justify nondisclosure under FOIA." She then found the agency's Vaughn index insufficient to supports its claim that 148 pages of grand jury records were properly withheld under Rule 6(e) on grand jury secrecy. She pointed out that "although EOUSA has listed a few documents withheld under Exemption 3 and Rule 6(e) in its Vaughn index, it has not suggested that these documents are representative of the more than 100 pages of documents withheld." Friedrich found the agency's claims under Exemption 5 (privileges) and Exemption 7(C) (invasion of privacy concerning law enforcement records) were appropriate. However, she indicated that the agency had not yet shown that information withheld under Exemption 6 (invasion of privacy) and 7(C) could not be segregated and disclosed. She observed that "it is not clear whether the exempt information in these documents is 'inextricably intertwined' with the nonexempt information, and thus whether redactions are appropriate."
Issues: Exemption 3 - Limited agency discretion, Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2018-01-04		Initiating Pleading & IFP Application Received on 12/22/2017. (zsb) (Entered: 01/10/2018)
2018-01-04	1	COMPLAINT against EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS filed by DAVID WILLIAMS. (Attachments: # 1 Declaration, # 2 Exhibit)(zsb) (Entered: 01/10/2018)
2018-01-04	2	MOTION for Leave to Proceed in forma pauperis by DAVID WILLIAMS (Attachment: # 1 Declaration)(zsb) (Entered: 01/10/2018)
2018-01-04	3	PRISONER TRUST FUND ACCOUNT STATEMENT by DAVID WILLIAMS (zsb) (Entered: 01/10/2018)
2018-01-26	4	ORDER directing an initial partial filing fee in the amount of $31.61 from Prison Account of DAVID WILLIAMS and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge Timothy J. Kelly on 01/26/2018. (zsb) (Entered: 01/29/2018)
2018-01-26		Case Assigned to Judge Dabney L. Friedrich. (zsb) (Entered: 01/31/2018)
2018-01-31	5	SUMMONS (3) Issued as to EXECUTIVE OFFICE FOR U.S. ATTORNEYS, U.S. Attorney and U.S. Attorney General (zmd) (Entered: 02/02/2018)
2018-03-13		Partial Filing Fee Received from DAVID WILLIAMS in the amount of $5.00, receipt number: 4616090023. (zrdj) (Entered: 03/14/2018)
2018-03-16	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR U.S. ATTORNEYS served on 3/15/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/15/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/15/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 4/14/2018.) (jf) (Entered: 03/19/2018)
2018-03-30		Partial Filing Fee Received from DAVID WILLIAMS in the amount of $5.00, receipt number: 4616090284. (zrdj) (Entered: 04/03/2018)
2018-04-16	7	ANSWER to 1 Complaint by EXECUTIVE OFFICE FOR U.S. ATTORNEYS. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C, # 4 Attachment D)(Shoaibi, Alexander) (Entered: 04/16/2018)
2018-06-04	8	MOTION to be served with a copy of defendant's re 7 Answer to Complaint, MOTION for Extension of Time to File Response/Reply to defendant's Answer by DAVID WILLIAMS (ztd) (Entered: 06/08/2018)
2018-07-03	9	MOTION for Summary Judgment by DAVID WILLIAMS (jf) (Entered: 07/03/2018)
2018-07-16	10	First MOTION for Extension of Time to Respond to 9 Plaintiff's Motion for Summary Judgment by EXECUTIVE OFFICE FOR U.S. ATTORNEYS (Shoaibi, Alexander) Modified to add link on 7/17/2018 (tth). (Entered: 07/16/2018)
2018-07-17		MINUTE ORDER. Upon consideration of the defendant's 10 Motion for Extension of Time to Respond, it is ORDERED that the motion is GRANTED. The defendant shall respond to the motion for summary judgment on or before August 16, 2018. Signed by Judge Dabney L. Friedrich on July 17, 2018. (MJS) (Entered: 07/17/2018)
2018-07-18		Set/Reset Deadlines: Defendant's response due by 8/16/2018. (jl) (Entered: 07/18/2018)
2018-07-31	11	NOTICE OF SUBSTITUTION OF COUNSEL by Melanie Dyani Hendry on behalf of EXECUTIVE OFFICE FOR U.S. ATTORNEYS Substituting for attorney Alexander Shoaibi (Hendry, Melanie) (Entered: 07/31/2018)
2018-08-10	12	MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Summary Judgment by EXECUTIVE OFFICE FOR U.S. ATTORNEYS (Hendry, Melanie) (Entered: 08/10/2018)
2018-08-10		MINUTE ORDER granting the defendant's 12 Motion for an Extension of Time. It is ORDERED that the defendant's motion is GRANTED. It is further ORDERED that the defendant's opposition to the plaintiff's Motion for Summary Judgment shall be due on or before September 28, 2018. Signed by Judge Dabney L. Friedrich on August 10, 2018. (lcdlf2) (Entered: 08/10/2018)
2018-08-31	14	MOTION for Extension of Time by DAVID WILLIAMS (zrdj) (Entered: 09/11/2018)
2018-09-04	13	Mail Returned as Undeliverable; Sent to David Williams; Type of Document Returned: MINUTE ORDER; Resent at New Address: N/A. (jl) (Entered: 09/04/2018)
2018-09-05		Partial Filing Fee Received from David Williams III in the amount of $5.00, receipt number: 4616094364. (jf) (Entered: 10/29/2018)
2018-09-12		MINUTE ORDER. Upon consideration of the plaintiff's 14 Motion for Extension of Time to Respond to Defendant's Response to Plaintiff's Summary Judgment Motion and Notice of Change of Address, it is ORDERED that the motion is GRANTED for good cause shown. Accordingly, the Clerk of Court is directed to update the case docket to reflect the plaintiff's new address: David Williams; Reg. No. 24383-018; FCC Coleman-Medium; Post Office Box 1032; Coleman, Florida 33521-1032. The Clerk of Court is further directed to mail a copy of the case docket, including this minute order, to the plaintiff at his new address. The United States of America's opposition to the plaintiff's motion for summary judgment is due on September 28, 2018 pursuant to the minute order dated August 10, 2018, which granted the United States an extension of time. The Clerk's Office shall mail a copy of the United States' opposition to the plaintiff once filed. As requested, the plaintiff shall then have 30 days to file his reply in support of his motion for summary judgment. The plaintiff's reply shall be filed on or before November 5, 2018. Signed by Judge Dabney L. Friedrich on September 12, 2018. (JK) (Entered: 09/12/2018)
2018-09-12		Set/Reset Deadlines: Reply due by 11/5/2018. (JK) (Entered: 09/12/2018)
2018-09-27	15	MOTION for Extension of Time to File Response/Reply and for Entry of Summary Judgment Cross-Motion Briefing Schedule by EXECUTIVE OFFICE FOR U.S. ATTORNEYS (Hendry, Melanie). Added MOTION for Briefing Schedule on 10/2/2018 (tth). (Entered: 09/27/2018)
2018-10-01		MINUTE ORDER granting the defendant's 15 Motion for Extension of Time and Entry of Summary Judgment Cross-Motion Briefing Schedule. Accordingly, it is ORDERED that the defendant's combined opposition to the plaintiff's motion for summary judgment and cross-motion for summary judgment shall be filed on or before October 29, 2018; the plaintiff's combined reply in support of his motion for summary judgment and opposition to the defendant's cross-motion for summary judgment shall be filed on or before November 29, 2018; and the defendant's reply in support of its cross-motion for summary judgment shall be filed on or before December 21, 2018. Signed by Judge Dabney L. Friedrich on October 1, 2018. (JK) (Entered: 10/01/2018)
2018-10-01		Set/Reset Deadlines/Hearings: Combined reply in support of motion for summary judgment and opposition to the defendant's cross-motion for summary judgment due by 11/29/2018. Defendant's reply in support of its cross-motion for summary judgment due by 12/21/2018. (jl) (Entered: 10/02/2018)
2018-10-26	16	MOTION for Extension of Time to File Summary Judgment Opposition and Cross-Motion by EXECUTIVE OFFICE FOR U.S. ATTORNEYS (Hendry, Melanie) (Entered: 10/26/2018)
2018-10-26		MINUTE ORDER: It is ORDERED that 8 Plaintiff's motion to be served a copy of defendant's Answer and for an extension of time to reply to the Answer is granted in part and denied in part. The Answer does not include a certificate of service required by Local Civil Rules 5.3 and 5.4(d)(2); therefore, defendant shall promptly serve plaintiff with that document. As to the remaining request, defendant has not pled a counterclaim necessitating a reply from plaintiff, and a briefing schedule is otherwise in place. Therefore, plaintiff's request for an extension of time to reply to the answer is denied. Signed by Judge Dabney L. Friedrich on 10/26/18.(ah) (Entered: 10/26/2018)
2018-10-26		MINUTE ORDER granting 16 the defendant's Motion for an Extension of Time. It is ORDERED that the briefing schedule is amended as follows. The defendant's combined opposition to the plaintiff's motion for summary judgment and cross-motion for summary judgment shall be filed on or before November 14, 2018; the plaintiff's combined reply in support of his motion for summary judgment and opposition to the defendant's cross-motion for summary judgment shall be filed on or before December 14, 2018; and the defendant's reply in support of its cross-motion for summary judgment shall be filed on or before January 8, 2019. Because this is the government's fourth extension in these proceedings, the Court will grant it no further extensions, save a showing of extraordinary, unforeseen circumstances. Signed by Judge Dabney L. Friedrich on 10/26/18.(ah) (Entered: 10/26/2018)
2018-10-29		Set/Reset Deadlines/Hearings: Defendant's combined opposition to the plaintiff's motion for summary judgment and cross-motion for summary judgment due by 11/14/2018. Plaintiff's combined reply in support of his motion for summary judgment and opposition to the defendant's cross-motion for summary judgment due by 12/14/2018. Defendant's reply in support of its cross-motion for summary judgment due by 1/18/2019. (jl) (Entered: 10/29/2018)
2018-10-29	17	CERTIFICATE OF SERVICE by EXECUTIVE OFFICE FOR U.S. ATTORNEYS . (Hendry, Melanie) (Entered: 10/29/2018)
2018-11-14	18	MOTION for Summary Judgment by EXECUTIVE OFFICE FOR U.S. ATTORNEYS (Attachments: # 1 Francis Declaration, # 2 Hoobler Declaration, # 3 Statement of Facts)(Hendry, Melanie) (Entered: 11/14/2018)
2018-11-14	19	RESPONSE re 9 MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR U.S. ATTORNEYS. (Attachments: # 1 Francis Declaration, # 2 Hoobler Declaration)(Hendry, Melanie) (Entered: 11/14/2018)
2018-12-04	20	Order advising plaintiff to file his combined opposition to defendant's motion for summary judgment and any reply in further support of his motion for summary judgment by the previously scheduled deadline of December 14, 2018 (see document for details). Signed by Judge Dabney L. Friedrich on 12/4/18.(ah) (Entered: 12/04/2018)
2018-12-20	21	Memorandum in opposition to re 18 MOTION for Summary Judgment filed by DAVID WILLIAMS. "Let this be filed." by Judge Dabney L. Friedrich on 12/20/2018. (Attachments: # 1 Statement of Facts, # 2 Attachments) (tth) (Entered: 12/21/2018)
2019-01-17		Partial Filing Fee Received from DAVID WILLIAMS in the amount of $5.00, receipt number: 4616096317. (zrdj) (Entered: 01/18/2019)
2019-01-31	22	MOTION for Order to Show Cause by DAVID WILLIAMS (ztd) (Entered: 02/05/2019)
2019-03-25	23	MEMORANDUM OPINION AND ORDER denying as moot the plaintiff's 4 Motion for Summary Judgment, granting in part and denying in part the defendant's 18 Motion for Summary Judgment, and denying the plaintiff's 22 Motion for Order to Show Cause. See text for details. Signed by Judge Dabney L. Friedrich on March 25, 2019. (lcdlf2) Modified document type on 3/26/2019 (zcdw). (Entered: 03/25/2019)
2019-03-25		Set/Reset Deadlines/Hearings: EOUSA's supplement to the record due by 5/24/2019. (zcdw) (Entered: 03/26/2019)
2019-05-23	24	MOTION for Extension of Time to File Supplemental Record by EXECUTIVE OFFICE FOR U.S. ATTORNEYS (Hendry, Melanie) (Entered: 05/23/2019)
2019-05-23		MINUTE ORDER granting the defendant's 24 Motion for Extension of Time. The defendant shall supplement the record on or before June 24, 2019. Signed by Judge Dabney L. Friedrich on May 23, 2019. (lcdlf2) (Entered: 05/23/2019)
2019-05-23		Set/Reset Deadlines: Supplemental Memorandum due by 6/24/2019. (zcal) (Entered: 05/24/2019)
2019-06-21	25	MOTION to Amend/Correct Schedule , MOTION for Scheduling Order by EXECUTIVE OFFICE FOR U.S. ATTORNEYS (Hendry, Melanie) (Entered: 06/21/2019)
2019-06-23		MINUTE ORDER granting the defendant's 25 Motion to Amend Schedule. The defendant shall file a status report on or before July 26, 2019. Signed by Judge Dabney L. Friedrich on June 23, 2019. (lcdlf2) (Entered: 06/23/2019)
2019-06-23		Set/Reset Deadlines: Status Report due by 7/26/2019. (zcal) (Entered: 06/24/2019)
2019-07-26	26	STATUS REPORT by EXECUTIVE OFFICE FOR U.S. ATTORNEYS. (Hendry, Melanie) (Entered: 07/26/2019)
2019-07-28		MINUTE ORDER. Upon consideration of the defendant's 26 Status Report, it is ORDERED that the defendant shall submit another status report on or before August 26, 2019. Signed by Judge Dabney L. Friedrich on July 28, 2019. (lcdlf2) (Entered: 07/28/2019)
2019-07-28		Set/Reset Deadlines: Status Report due by 8/26/2019. (zcal) (Entered: 07/29/2019)
2019-08-07	27	NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of EXECUTIVE OFFICE FOR U.S. ATTORNEYS Substituting for attorney Melanie Hendry (Moustakas, John) (Entered: 08/07/2019)
2019-08-08	28	ERRATA by EXECUTIVE OFFICE FOR U.S. ATTORNEYS. (Attachments: # 1 Supplement)(Moustakas, John) (Entered: 08/08/2019)
2019-08-22	30	RESPONSE re 26 Status Report filed by DAVID WILLIAMS. (Attachments: # 1 Declaration, # 2 Exhibits A - B) (ztth) (Entered: 08/27/2019)
2019-08-26	29	STATUS REPORT by EXECUTIVE OFFICE FOR U.S. ATTORNEYS. (Moustakas, John) (Entered: 08/26/2019)
2019-08-27		MINUTE ORDER. Upon consideration of the government's 29 Status Report, it is ORDERED that the government shall submit another status report proposing a briefing schedule on or before September 18, 2019. So Ordered by Judge Dabney L. Friedrich on August 27, 2019. (lcdlf2) (Entered: 08/27/2019)
2019-09-09	31	RESPONSE re 29 Status Report filed by DAVID WILLIAMS. (zrdj) (Entered: 09/12/2019)
2019-09-16	32	AFFIDAVIT by DAVID WILLIAMS. (ztd) (Entered: 09/18/2019)
2019-09-24		MINUTE ORDER. On August 27, 2019, the Court ordered the government to submit another status report on or before September 18, 2019. On September 9, 2019 and September 16, 2019, plaintiff David Williams filed notices with the Court. However, the government has not filed a status report. Accordingly, it is ORDERED that, on or before September 25, 2019, the government shall file the previously ordered status report and an explanation for its failure to meet the Court's September 18, 2019 deadline. So Ordered by Judge Dabney L. Friedrich on September 24, 2019. (lcdlf2) (Entered: 09/24/2019)
2019-09-25	33	STATUS REPORT by EXECUTIVE OFFICE FOR U.S. ATTORNEYS. (Moustakas, John) (Entered: 09/25/2019)
2019-09-25		MINUTE ORDER adopting in part the schedule proposed in the government's 33 Status Report. Accordingly, it is ORDERED that the government shall file a supplemental motion for summary judgment on or before November 8, 2019; plaintiff David Williams shall file any opposition and cross-motion for summary judgment on or before December 6, 2019; the government shall file any opposition and reply on or before January 6, 2020; and Williams shall file any reply on or before February 3, 2020. The Court will not grant any further extensions of these deadlines. So Ordered by Judge Dabney L. Friedrich on September 25, 2019. (lcdlf2) (Entered: 09/25/2019)
2019-09-25		Set/Reset Deadlines: Summary Judgment motions due by 11/8/2019. Response to Motion for Summary Judgment due by 12/6/2019. Cross Motions due by 12/6/2019. Response to Cross Motions due by 1/6/2020. Reply to Motion for Summary Judgment due by 1/6/2020. Reply to Cross Motions due by 2/3/2020. (zcal) (Entered: 09/26/2019)
2019-10-11	34	NOTICE by DAVID WILLIAMS. (ztth) (Entered: 10/18/2019)
2019-10-18	35	NOTICE by EXECUTIVE OFFICE FOR U.S. ATTORNEYS re 34 Notice (Other) (Moustakas, John) (Entered: 10/18/2019)
2019-11-08	36	MOTION for Extension of Time to File Supplemental Motion for Summary Judgment by EXECUTIVE OFFICE FOR U.S. ATTORNEYS (Moustakas, John) (Entered: 11/08/2019)
2019-11-08		MINUTE ORDER. Upon consideration of the defendant's 36 Motion for Extension of Time, it is ORDERED that the motion is granted. The court accepts the defendant's proposed schedule for supplemental briefing. Accordingly, the defendant shall file its Supplemental Motion for Summary Judgment on or before November 25, 2019; the plaintiff shall file his Opposition to the defendant's Supplemental Motion for Summary Judgment, along with any Supplemental Cross-Motion for Summary Judgment on or before December 23, 2019; the defendant shall file any Reply to the plaintiff's Opposition to the defendant's Supplemental Motion for Summary Judgment, and/or its Opposition to the plaintiff's Supplemental Cross-Motion for Summary Judgment, on or before January 27, 2020; and the plaintiff shall file any reply to the defendant's Opposition to the plaintiff's Supplemental Cross-Motion for Summary Judgment on or before February 17, 2020. So Ordered by Judge Dabney L. Friedrich on November 8, 2020. (lcdlf2) (Entered: 11/08/2019)
2019-11-12		Set/Reset Deadlines: Cross Motion due by 12/23/2019. Reply to Motion for Summary Judgment and Response to Cross Motion due by 1/27/2020. Reply to Cross Motions due by 2/17/2020. (zkh) (Entered: 11/12/2019)
2019-11-25	38	NOTICE by DAVID WILLIAMS re 37 Supplemental MOTION for Summary Judgment (ztd) (Entered: 11/27/2019)
2019-11-25	39	MOTION for Extension of Time to File Response/Reply as to 37 Supplemental MOTION for Summary Judgment by DAVID WILLIAMS (ztd); (See docket entry no. 38 to view.) (Entered: 11/27/2019)
2019-11-26	37	Supplemental MOTION for Summary Judgment by EXECUTIVE OFFICE FOR U.S. ATTORNEYS (Attachments: # 1 Statement of Facts, # 2 Declaration (Tricia Francis), # 3 Declaration (Megan D. Hoobler))(Moustakas, John) (Entered: 11/26/2019)
2019-12-02		MINUTE ORDER. In light of the minute order issued by the Court on November 8, 2019, which extended the deadline for the plaintiff to respond to the defendant's 37 Supplemental Motion for Summary Judgment, the plaintiff's 39 Motion for Extension of Time to Respond to the defendant's 37 Supplemental Motion for Summary Judgment is DENIED. So Ordered by Judge Dabney L. Friedrich on December 2, 2019. (lcdlf2) (Entered: 12/02/2019)
2019-12-02	40	ORDER directing the plaintiff to file an opposition to the defendant's 37 Supplemental Motion for Summary Judgment on or before December 23, 2019, and the defendant to file any reply on or before January 27, 2020. See text for details. The Clerk of Court is directed to mail a copy of this order to the plaintiff's address of record by overnight mail. Signed by Judge Dabney L. Friedrich on December 2, 2019. (lcdlf2) (Entered: 12/02/2019)
2019-12-04	41	ERRATA by EXECUTIVE OFFICE FOR U.S. ATTORNEYS 37 Supplemental MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR U.S. ATTORNEYS. (Attachments: # 1 Declaration (Amended Second Declaration for Tricia Francis))(Moustakas, John) (Entered: 12/04/2019)
2019-12-13	42	RESPONSE re 37 Supplemental MOTION for Summary Judgment filed by DAVID WILLIAMS. (eg) (Entered: 12/17/2019)
2020-03-30	43	ORDER denying as moot 37 Defendant's Supplemental Motion for Summary Judgment and closing the case, for the reasons stated in the Memorandum Opinion issued separately this day and in the March 25, 2019 Memorandum Opinion. Signed by Judge Dabney L. Friedrich on 3/30/20.(ah) (Entered: 03/30/2020)
2020-03-30	44	MEMORANDUM OPINION accompanying final order issued separately this day. Signed by Judge Dabney L. Friedrich on 3/30/20.(ah) (Entered: 03/30/2020)
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