Case Detail

FOIA Project Annotation: Judge Emmet Sullivan has ruled that the Transportation Security Administration conducted an adequate search for records in response to Lassana Magassa's FOIA requests to the agency as to why he was subjected to heightened scrutiny when he traveled and whether he was on the Terrorist Watch List or the Selectee List. Sullivan also found that the agency had properly withheld most of the responsive records under Exemption 3 (other statutes) because they contained exempt Sensitive Security Information, as well as Exemption 6 (invasion of privacy). In response to Magassa's FOIA requests, TSA located 231 responsive pages, and determined that 204 pages contained SSI in whole or in part. The agency invoked Exemption 6 to withhold portions of three pages. TSA ultimately released 49 pages of responsive records, releasing 26 pages in full and 23 pages in part. The agency also issued a Glomar response neither confirming nor denying the existence of records concerning whether Magassa was on the Terrorist Watch List. Magassa filed an administrative appeal of the agency's decision. However, the agency argued that he had failed to exhaust his administrative remedies because he did not specify exactly what issues he was appealing. After reviewing the text of Magassa's appeal, Sullivan rejected the agency's claim, noting that "the Court construes these statements as sufficiently broad to challenge the entirety of TSA's response. TSA provides no authority establishing that Mr. Magassa must challenge each component of TSA's responses individually." He added that "it is inconsistent for TSA to direct Mr. Magassa to seek judicial review of his appeal, without clarifying he may further appeal other issues, and then assert before this Court that he has not exhausted his administrative remedies." Sullivan then agreed that the agency had conducted an adequate search, noting that "Mr. Magassa does not mount any specific challenge to [the agency's] methodology." Turning to the Exemption 3 claim exemption for SSI records, Sullivan indicated that "the scope of the Court's review is limited to whether the material withheld, as described by TSA, fits within the scope of Section 114(r). With regard to the 182 pages withheld in full, TSA provided a detailed description of the withheld material." Sullivan also approved of the agency's withholding of identifying information about employees under Exemption 6. He observed that "there are privacy interests involved for the employees whose names have been withheld, particularly given the nature of the underlying material."
Issues: Adequacy - Search, Exemption 3 - Statutory prohibition of disclosure

Date Filed	Doc #	Docket Text
2019-06-28	1	COMPLAINT against TRANSPORTATION SECURITY ADMINISTRATION ( Filing fee $ 400 receipt number 0090-6224098) filed by Lassana Magassa. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Requests for Summons)(Jump, Christina) (Entered: 06/28/2019)
2019-07-02		Case Assigned to Judge Emmet G. Sullivan. (zmc) (Entered: 07/02/2019)
2019-07-02	2	SUMMONS (4) Issued Electronically as to TRANSPORTATION SECURITY ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 07/02/2019)
2019-07-09	3	STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 07/09/19. (Attachment: Exhibit 1) (mac) (Entered: 07/09/2019)
2019-07-10	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/8/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 8/7/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/09/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TRANSPORTATION SECURITY ADMINISTRATION served on 7/9/2019 (Attachments: # 1 Exhibit Proof of Service, # 2 Exhibit Proof of Service, # 3 Exhibit Proof of Service)(Jump, Christina) (Entered: 07/10/2019)
2019-08-07	5	NOTICE of Appearance by Diana Viggiano Valdivia on behalf of TRANSPORTATION SECURITY ADMINISTRATION (Valdivia, Diana) (Entered: 08/07/2019)
2019-08-07	6	ANSWER to Complaint by TRANSPORTATION SECURITY ADMINISTRATION.(Valdivia, Diana) (Entered: 08/07/2019)
2019-08-20	7	NOTICE of Appearance by Leila E. Mustafa on behalf of LASSANA MAGASSA (Mustafa, Leila) (Entered: 08/20/2019)
2019-10-02		MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than November 8, 2019. The parties joint proposed scheduling order shall address the following: (1) The status of plaintiffs FOIA request; (2) The anticipated number of documents responsive to plaintiffs FOIA request; (3) The anticipated date(s) for release of documents responsive to plaintiffs FOIA request; (4)Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each partys individual recommendations. Signed by Judge Emmet G. Sullivan on 10/2/2019. (lcegs2) (Entered: 10/02/2019)
2019-10-02		Set/Reset Deadlines: Joint Proposed Scheduling Order due by 11/8/2019. (mac) (Entered: 10/02/2019)
2019-11-08	8	PROPOSED BRIEFING SCHEDULE (Joint) by TRANSPORTATION SECURITY ADMINISTRATION. (Valdivia, Diana) (Entered: 11/08/2019)
2019-11-12		MINUTE ORDER. Upon consideration of 8 the parties' proposed schedule, the following schedule shall govern these proceedings: Defendant shall file its motion for summary judgment by no later than January 15, 2020. Plaintiff shall file an opposition by no later than February 17, 2020. Any cross-motion for summary judgment shall be filed by no later than that same date. Defendant shall file its reply, and opposition to cross-motion, if necessary, by no later than March 16, 2020. Plaintiff shall file its reply, if necessary, by no later than March 31, 2020. Signed by Judge Emmet G. Sullivan on 11/12/2019. (lcegs2) (Entered: 11/12/2019)
2019-11-13		Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 1/15/2020. Plaintiff Opposition And Cross-Motion, If Any, due by 2/17/2020. Defendant Reply And Opposition To Cross Motion, If any, due by 3/16/2020. Plaintiff Reply, If Any, due by 3/31/2020. (mac) (Entered: 11/13/2019)
2020-01-15	9	MOTION for Summary Judgment by TRANSPORTATION SECURITY ADMINISTRATION (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Teri Miller, # 4 Declaration of Douglas E. Blair, # 5 Text of Proposed Order)(Valdivia, Diana) (Entered: 01/15/2020)
2020-02-18	10	RESPONSE re 9 MOTION for Summary Judgment filed by LASSANA MAGASSA. (Attachments: # 1 Statement of Facts Plaintiff's Response to Defendant's Statement of Material Facts, # 2 Text of Proposed Order)(Jump, Christina) (Entered: 02/18/2020)
2020-02-18	11	MOTION for Summary Judgment by LASSANA MAGASSA (Attachments: # 1 Statement of Facts Statement of Material Facts, # 2 Memorandum in Support Memorandum in Support, # 3 Text of Proposed Order Text of Proposed Order)(Jump, Christina) (Entered: 02/18/2020)
2020-03-16	12	Consent MOTION for Extension of Time to File Response/Reply by TRANSPORTATION SECURITY ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Valdivia, Diana) (Entered: 03/16/2020)
2020-03-16		MINUTE ORDER granting 12 Consent MOTION for Extension of Time to File Response/Reply. The following briefing schedule shall govern these proceedings: Defendant shall file its Reply by no later than April 3, 2020. Plaintiff shall file a reply by no later than April 17, 2020. Signed by Judge Emmet G. Sullivan on 3/16/2020. (lcegs2) (Entered: 03/16/2020)
2020-03-17		Set/Reset Deadlines: Defendant Reply due by 4/3/2020. Plaintiff Reply due by 4/17/2020. (mac) (Entered: 03/17/2020)
2020-03-31	13	Unopposed MOTION for Extension of Time to File Response/Reply by TRANSPORTATION SECURITY ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Valdivia, Diana) (Entered: 03/31/2020)
2020-03-31		MINUTE ORDER granting 13 DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME. Defendant shall file its reply in support of its motion for summary judgment and opposition to Plaintiffs cross-motion by no later than May 7, 2020. Signed by Judge Emmet G. Sullivan on 3/31/2020. (lcegs2) (Entered: 03/31/2020)
2020-04-01		Set/Reset Deadlines: Defendants Reply In Support Of Its Motion For Summary Judgment And Opposition To Plaintiffs Cross-Motion due by 5/7/2020. (mac) (Entered: 04/01/2020)
2020-05-07	14	REPLY to opposition to motion re 9 MOTION for Summary Judgment filed by TRANSPORTATION SECURITY ADMINISTRATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Valdivia, Diana) (Entered: 05/07/2020)
2020-05-07	15	Memorandum in opposition to re 11 MOTION for Summary Judgment filed by TRANSPORTATION SECURITY ADMINISTRATION. (Attachments: # 1 Statement of Facts, # 2 Exhibit 1, # 3 Exhibit 2)(Valdivia, Diana) (Entered: 05/07/2020)
2020-05-12	16	Unopposed MOTION for Extension of Time to File Reply by LASSANA MAGASSA (Attachments: # 1 Text of Proposed Order Proposed Order)(Jump, Christina) (Entered: 05/12/2020)
2020-05-12		MINUTE ORDER denying without prejudice 16 Unopposed MOTION for Extension of Time to File Reply. Plaintiff's motion requests that the deadline to file its Reply be extended to May 21, 2020; however, Plaintiff's proposed order, which is required by Local Civil Rule 7(c), reads " Upon consideration of Plaintiffs Reply in Support of His Motion for Summary Judgment, Plaintiffs Reply to Defendants Counter-Statement of Material Facts as to Which There is a Genuine Issue, and the entire record in this case, it is hereby ORDERED: That Plaintiffs Motion for Summary Judgment is GRANTED in its entirety." Signed by Judge Emmet G. Sullivan on 5/12/2020. (lcegs2) (Entered: 05/12/2020)
2020-05-12	17	Amended MOTION for Extension of Time to File Reply - Unopposed by LASSANA MAGASSA (Attachments: # 1 Text of Proposed Order Amended Proposed Order)(Jump, Christina) (Entered: 05/12/2020)
2020-05-13		MINUTE ORDER granting 17 Amended MOTION for Extension of Time to File Reply. Plaintiff shall by its Reply by no later than May 21, 2020.. Signed by Judge Emmet G. Sullivan on 5/13/2020. (lcegs2) (Entered: 05/13/2020)
2020-05-14		Set/Reset Deadlines: Plaintiff Reply due by 5/21/2020. (mac) (Entered: 05/14/2020)
2020-05-21	18	REPLY to opposition to motion re 11 MOTION for Summary Judgment filed by LASSANA MAGASSA. (Attachments: # 1 Statement of Facts Plaintiff's Reply to Defendant's Response to Plaintiff's Statement of Material Facts, # 2 Text of Proposed Order)(Jump, Christina) (Entered: 05/21/2020)
2020-10-15	19	MOTION to Withdraw as Attorney Leila E. Mustafa by LASSANA MAGASSA (Attachments: # 1 Text of Proposed Order Proposed Order)(Mustafa, Leila) (Entered: 10/15/2020)
2020-10-15		MINUTE ORDER granting 19 MOTION to Withdraw as Attorney. Leila E. Mustafa is withdrawn from this case. Signed by Judge Emmet G. Sullivan on 10/15/2020. (lcegs2) (Entered: 10/15/2020)
2021-09-14	20	NOTICE of Appearance by Najmu Mohseen on behalf of LASSANA MAGASSA (Mohseen, Najmu) (Entered: 09/14/2021)
2022-03-31	21	ORDER granting 9 Motion for Summary Judgment; denying 11 Motion for Summary Judgment. Signed by Judge Emmet G. Sullivan on 3/31/2022. (lcegs1) (Entered: 03/31/2022)
2022-03-31	22	MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 3/22/2022. (lcegs1) (Entered: 03/31/2022)
2022-03-31	23	JUDGMENT in favor of Defendant against Plaintiff. Signed by Judge Emmet G. Sullivan on 3/31/2022. (lcegs1) (Entered: 03/31/2022)
2022-03-31	24	CLERK'S JUDGMENT in favor of Defendant against Plaintiff on 03/31/22. (mac) (Entered: 03/31/2022)
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