Case Detail

FOIA Project Annotation: A federal court in Colorado has ruled that U.S. Fish and Wildlife Service properly responded to two FOIA requests submitted by Friends of Animals pertaining to importation of African Elephant and Giraffe skins, hides, and products. The Office of Law Enforcement, which investigates wildlife crimes, regulates wildlife trade, and works to protect wildlife resources, uses Form 3-177 to collect information on species being transported, the names of importers and exporters, the quantity and monetary value of shipments, and relevant permit numbers. In response to Friends of Animals' requests, the agency provided 847 pages of responsive Form 3-177 records for the elephant request. It withheld records under Exemption 4 (confidential business information), Exemption 6 (invasion of privacy), and Exemption 7(C) (invasion of privacy concerning law enforcement records). In response to the giraffe request, the agency told Friends of Animals that it would redact names of importers and exporters from its Excel spreadsheet responsive to the request under Exemption 6 and Exemption 7(C). Friends of Animals argued that the records on imports and exports were not commercial for purposes of Exemption 4. However, the court noted that "here, the withheld information pertains to the source and vendor involved in a commercial transaction with the submitter as well as the volume and value of goods the submitter was importing as part of its business. Release of such information could reasonably result in harm to the submitter's business." The court also agreed that the agency had provided sufficient assurances to submitters that their information would be treated confidentially. The court observed that "defendant's notice assures submitters that their information will not be given, sold, or transferred to third parties except as required by law. This is a direct assurance that their information is private. The fact that the information could be disclosed pursuant to FOIA is true of all information held by the government. FOIA's application to government information alone is not enough to defeat any assurances of privacy in information held by the government; otherwise, the statute's mere existence would preclude the application of Exemption 4 in any instance." Although the court found that FWS had not shown that it was a law enforcement agency, it agreed that the Office of Law Enforcement qualified, noting that "defendant has met its burden of demonstrating that the information it seeks to withhold from Plaintiff pursuant to Exemption 7 was compiled for 'law enforcement purposes.'" Finding that Friends of Animals had articulated no public interest in disclosure of the names of wildlife crime investigators, the court observed that "in this case, disclosing the names of individuals would not likely advance a significant public interest, and the Court finds, balancing the competing interests in privacy and disclosure, that the invasion of personal privacy from release could reasonably be expected to be unwarranted."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 4 - Competitive harm

Date Filed	Doc #	Docket Text
2019-05-21	1	COMPLAINT against David Bernhardt, United States Fish and Wildlife Service (Filing fee $ 400,Receipt Number 1082-6697586)Attorney Michael Ray Harris added to party Friends of Animals(pty:pla), filed by Friends of Animals.(Harris, Michael) (Entered: 05/21/2019)
2019-05-21	2	NOTICE Civil Cover Sheet by Plaintiff Friends of Animals (Harris, Michael) (Entered: 05/21/2019)
2019-05-21	3	SUMMONS REQUEST as to Jessie K. Liu, William Barr, David Bernhardt, USFWS by Plaintiff Friends of Animals. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Harris, Michael) (Entered: 05/21/2019)
2019-05-21	4	Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry. (cmadr, ) (Entered: 05/21/2019)
2019-05-21	5	SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Magistrate Judge Consent Form) (cmadr, ) (Entered: 05/21/2019)
2019-05-22	6	MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Magistrate Judge Michael E. Hegarty. All future pleadings should be designated as 19-cv-01443-MEH. (athom, ) (Entered: 05/22/2019)
2019-05-22	7	Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (athom, ) (Entered: 05/22/2019)
2019-05-23	8	MINUTE ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Michael E. Hegarty on 05/23/2019. Scheduling Conference set for 7/18/2019 10:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (mdave, ) (Entered: 05/23/2019)
2019-06-14	9	SUMMONS Returned Executed upon defendant(s) U.S. Fish and Wildlife Service served on 6/3/2019, answer due 8/2/2019. (Harris, Michael) (Entered: 06/14/2019)
2019-06-14	10	SUMMONS Returned Executed upon defendant(s) David Bernhardt served on 5/28/2019, answer due 7/29/2019. (Harris, Michael) (Entered: 06/14/2019)
2019-07-03	11	ANSWER to 1 Complaint, Attorney Lauren Marie Dickey added to party David Bernhardt(pty:dft), Attorney Lauren Marie Dickey added to party U.S. Fish and Wildlife Service(pty:dft) by David Bernhardt, U.S. Fish and Wildlife Service.(Dickey, Lauren) (Entered: 07/03/2019)
2019-07-05	12	CONSENT to Jurisdiction of Magistrate Judge by Defendants David Bernhardt, U.S. Fish and Wildlife Service All parties consent.. (Dickey, Lauren) (Entered: 07/05/2019)
2019-07-09	13	ORDER OF REFERENCE. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge 12 , this case is referred to Magistrate Judge Michael E. Hegarty for all purposes pursuant to 28 U.S.C. § 636(c) by Chief Judge Philip A. Brimmer on 7/9/19. Text Only Entry (pabsec) (Entered: 07/09/2019)
2019-07-10	14	Joint MOTION for Order to Permit Parties to Submit Modified Scheduling Order by Defendants David Bernhardt, U.S. Fish and Wildlife Service. (Attachments: # 1 Proposed Order (PDF Only))(Dickey, Lauren) (Entered: 07/10/2019)
2019-07-18	15	COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: granting 14 Joint Motion for Order to Permit Parties to Submit Modified Scheduling Order; Scheduling Conference held on 7/18/2019. FTR: Courtroom A501. (mdave, ) (Entered: 07/18/2019)
2019-07-18	16	SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 07/18/2019. (mdave, ) (Entered: 07/19/2019)
2019-10-03	17	Joint MOTION to Amend/Correct/Modify 16 Scheduling Order by Plaintiff Friends of Animals. (Harris, Michael) (Entered: 10/03/2019)
2019-10-04	18	MINUTE ORDER granting 17 Motion for Extension of Time to Answer or Otherwise Respond by Magistrate Judge Michael E. Hegarty on 10/4/2019. Plaintiff shall file a Motion to Amend the Complaint on or before 10/9/2019. David Bernhardt answer due 11/22/2019; U.S. Fish and Wildlife Service answer due 11/22/2019. (tsher, ) (Entered: 10/04/2019)
2019-10-09	19	AMENDED COMPLAINT with consent against All Defendants, filed by Friends of Animals.(Harris, Michael) (Entered: 10/09/2019)
2019-10-09	20	NOTICE of Filing Amended Pleading by Plaintiff Friends of Animals (Attachments: # 1 Exhibit A)(Harris, Michael) (Entered: 10/09/2019)
2019-10-30	21	MOTION for Summary Judgment by Plaintiff Friends of Animals. (Attachments: # 1 Exhibit A)(Harris, Michael) (Entered: 10/30/2019)
2019-11-19	22	ANSWER to 19 Amended Complaint by David Bernhardt, U.S. Fish and Wildlife Service.(Dickey, Lauren) (Entered: 11/19/2019)
2019-11-21	23	Unopposed MOTION for Extension of Time to file Summary Judgment Motion and Response by Defendants David Bernhardt, U.S. Fish and Wildlife Service. (Dickey, Lauren) (Entered: 11/21/2019)
2019-11-21	24	MINUTE ORDER granting 23 Motion for Extension of Time to File by Magistrate Judge Michael E. Hegarty on 11/21/2019.(tsher, ) (Entered: 11/21/2019)
2019-11-25	25	MOTION for Summary Judgment by Defendants David Bernhardt, U.S. Fish and Wildlife Service. (Attachments: # 1 Exhibit Willis Declaration, # 2 Exhibit Coil Declaration)(Dickey, Lauren) (Entered: 11/25/2019)
2019-11-25	26	RESPONSE to 21 MOTION for Summary Judgment filed by Defendants David Bernhardt, U.S. Fish and Wildlife Service. (Attachments: # 1 Exhibit Willis Declaration, # 2 Exhibit Coil Declaration)(Dickey, Lauren) (Entered: 11/25/2019)
2019-12-03	27	Unopposed MOTION for Extension of Time to File Response/Reply as to 25 MOTION for Summary Judgment , 21 MOTION for Summary Judgment by Plaintiff Friends of Animals. (Harris, Michael) (Entered: 12/03/2019)
2019-12-03	28	MINUTE ORDER granting 27 Motion for Extension of Time to File Reply by Magistrate Judge Michael E. Hegarty on 12/3/2019.(tsher, ) (Entered: 12/03/2019)
2020-01-10	29	RESPONSE to 25 MOTION for Summary Judgment and Reply in Support of Motion for Summary Judgment filed by Plaintiff Friends of Animals. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Harris, Michael) (Entered: 01/10/2020)
2020-01-29	30	Unopposed MOTION for Extension of Time to File Response/Reply as to 25 MOTION for Summary Judgment by Defendants David Bernhardt, U.S. Fish and Wildlife Service. (Dickey, Lauren) (Entered: 01/29/2020)
2020-01-30	31	MINUTE ORDER granting 30 Motion for Extension of Time to File Reply by Magistrate Judge Michael E. Hegarty on 1/30/2020.(tsher, ) (Entered: 01/30/2020)
2020-02-05	32	REPLY to Response to 25 MOTION for Summary Judgment filed by Defendants David Bernhardt, U.S. Fish and Wildlife Service. (Attachments: # 1 Exhibit)(Dickey, Lauren) (Entered: 02/05/2020)
2020-04-24	33	ORDER Plaintiff's 21 Motion for Summary Judgment is DENIED and the Defendants' 25 Motion for Summary Judgment is GRANTED. ORDERED by Magistrate Judge Michael E. Hegarty on 4/24/2020.(cthom, ) (Entered: 04/28/2020)
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