Case Detail

FOIA Project Annotation: Judge Rosemary Collyer has ruled that the FBI conducted an adequate search for records pertaining to the Occupy Wall Street demonstrations and properly withheld records under a variety of exemptions. Truthout made six requests to the agency, although only five were subject to the group's suit. Two requests were submitted in October 2011, two more in November 2011, and the fifth was submitted in June 2012. Although the agency initially claimed it had no responsive records for the first two requests, it eventually located and disclosed records for all five requests. The agency searched its Central Records System using a number of geographic locations preceded by the word "Occupy." That search turned up no records. But, Collyer explained, "because the Occupy Movement had been widely publicized, the FBI also conducted text searches of [the Electronic Case Files]. Because decisions regarding how to index names within a document can vary, the text search was more comprehensive." Truthout complained that the agency had failed to search its electronic and physical surveillance records, the FBI's email system, and field offices. Collyer noted, however, that "the FBI searched CRS because records responsive to Plaintiffs' requests would normally be found in this comprehensive system. Also, a search of CRS includes records at both FBIHQ and field offices, would have identified main files and cross references, and would have identified files in [the electronic and physical surveillance systems], and in shared drives." She observed that "the FBI was not required to search every record system; it was only required to conduct a reasonable search of those systems of records likely to possess the requested information. The FBI's search of CRS satisfied this standard." Approving the agency's claims under Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption 7(D) (confidential sources) together, Collyer noted that "the FBI withheld the names and identifying information of federal and state law enforcement officers and personnel, as well as that of individuals who provided information to the FBI under implied assurances of confidentiality or who were merely third parties mentioned in the records." To protect the confidentiality of informants, the agency also provided an in camera affidavit concerning the potential use of the exclusions in subsection (c). Collyer determined that "any § 552(c) exclusion, if employed, was amply justified." Because the agency had responded to other requests for records on the Occupy Wall Street demonstrations in a shorter time than its response to Truthout, the group asked Collyer to refer the agency for sanctions. She rejected the notion, pointing out that "plaintiffs' claim of wrongful delay and arbitrary action by the FBI is unfounded. The [other two organizations] each made only one FOIA request, while Plaintiffs made six separate FOIA requests. Further many of Plaintiffs' requests contained specific criteria, such as date parameters, thereby compelling the FBI to take additional time to sort through its records to remove nonresponsive records. In addition, the FBI took the extra step of conducting text searches of the ECF to identify potentially responsive material. The FBI cannot be faulted for being thorough in its searches."
Issues: Adequacy - Search

FOIA Project Annotation: Judge Rosemary Collyer rejected Truthout's motion for reconsideration of her prior decision finding the FBI had conducted an adequate search for records concerning the Occupy movement when it search was focused primarily on its Central Records System. Truthout claimed the agency should have searched its electronic surveillance system as well, but Collyer found that by searching the CRS any responsive records in the ELSUR system would have been located. Collyer pointed out that "the FBI was not required to search every record system; it was only required to conduct a reasonable search of those system of records likely to posses the requested information." Truthout also argued the FBI's search was inadequate because it failed to turn up a responsive document found in a search for records requested by Ryan Shapiro. Rejecting that claim, Collyer noted that "the report released in Shapiro was not located via a CRS search; instead it was specifically requested by the plaintiff, Mr. Shapiro, and the FBI conducted a targeted search, which included following leads from other documents produced in that litigation. The FBI has now released the same report to Plaintiffs here."
Issues: Litigation - In camera review, Exemption 7(E) - Investigative methods or techniques, Adequacy - Search

Date Filed	Doc #	Docket Text
2012-10-06	1	COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 350 receipt number 0090-3093516) filed by TRUTHOUT, JEFFREY LIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(McClanahan, Kelly) (Entered: 10/06/2012)
2012-10-06	2	Corporate Disclosure Statement by TRUTHOUT. (McClanahan, Kelly) (Main Document 2 replaced on 10/9/2012) (jf, ). (Entered: 10/06/2012)
2012-10-09	3	ELECTRONIC SUMMONS Issued (3) as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Consent Notice)(mmh) (Entered: 10/09/2012)
2012-10-09		Case Assigned to Judge Rosemary M. Collyer. (mmh) (Entered: 10/09/2012)
2012-10-16	4	ERRATA by JEFFREY LIGHT, TRUTHOUT 1 Complaint filed by TRUTHOUT, JEFFREY LIGHT. (McClanahan, Kelly) (Entered: 10/16/2012)
2012-11-05	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 11/5/2012, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/05/2012., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/5/2012. ( Answer due for ALL FEDERAL DEFENDANTS by 12/5/2012.) (McClanahan, Kelly) (Entered: 11/05/2012)
2012-11-19	6	NOTICE of Appearance by William Mark Nebeker on behalf of DEPARTMENT OF JUSTICE (Nebeker, William) (Entered: 11/19/2012)
2012-12-04	7	Consent MOTION for Extension of Time to File Answer re 1 Complaint by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 12/04/2012)
2012-12-05		MINUTE ORDER granting 7 Consent Motion for Extension of Time to Answer. Defendant shall file an Answer or otherwise respond to 1 Complaint no later than December 14, 2012. Signed by Judge Rosemary M. Collyer on 12/5/2012. (lcrmc3) (Entered: 12/05/2012)
2012-12-05		Set/Reset Deadlines/Hearings: Answer to complaint due by 12/14/2012. (cdw) (Entered: 12/06/2012)
2012-12-14	8	Consent MOTION for Extension of Time to File Answer re 1 Complaint by DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit E-mail Exchange, # 2 Text of Proposed Order)(Nebeker, William) (Entered: 12/14/2012)
2012-12-14		MINUTE ORDER granting 8 Defendant's consent Motion for Extension of Time to Answer. Defendant shall Answer by February 1, 2013; Set/Reset Deadlines:Answer due by 2/1/2013. Signed by Judge Rosemary M. Collyer on 12/14/2012. (KD) (Entered: 12/14/2012)
2013-02-01	9	MOTION to Dismiss Or, In The Alternative , MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration David M. Hardy, # 2 Text of Proposed Order)(Nebeker, William) (Entered: 02/01/2013)
2013-02-01	10	NOTICE of Filing(Exhibits) by DEPARTMENT OF JUSTICE re 9 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL, # 39 Exhibit MM, # 40 Exhibit NN, # 41 Exhibit OO, # 42 Exhibit PP, # 43 Exhibit QQ, # 44 Exhibit RR, # 45 Exhibit SS)(Nebeker, William) (Entered: 02/01/2013)
2013-02-16	11	Consent MOTION for Extension of Time to File Response/Reply as to 9 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment by JEFFREY LIGHT, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 02/16/2013)
2013-02-19		MINUTE ORDER granting 11 Plaintiff's consent Motion for Extension of Time. Plaintiff shall file a response re 9 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment by 3/26/2013. Replies due by 4/24/2013. Signed by Judge Rosemary M. Collyer on 2/19/2013. (KD) (Entered: 02/19/2013)
2013-02-19		Set/Reset Deadlines/Hearings: Response to 9 due by 3/26/2013. Reply due by 4/24/2013. (cdw) (Entered: 02/19/2013)
2013-03-26	12	MOTION for Extension of Time to File Response/Reply as to 9 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment by JEFFREY LIGHT, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 03/26/2013)
2013-03-26		MINUTE ORDER granting 12 Motion for Extension of Time to File Response. Plaintiffs may file a response to the pending motion to dismiss no later than April 2, 2013. Reply due April 9, 2013. Signed by Judge Rosemary M. Collyer on 3/26/2013. (lcrmc2) (Entered: 03/26/2013)
2013-03-26		MINUTE ORDER. Pursuant to the prior Scheduling Orders entered in this case, following the granting of 12 the Second Motion for Extension of Time, the reply to the Motion to Dismiss is now due May 1, 2013. The reference to April 9, 2013, in the prior Minute Order was a scrivener's error. Signed by Judge Rosemary M. Collyer on 3/26/2013. (lcrmc2) (Entered: 03/26/2013)
2013-04-03	13	Memorandum in opposition to re 9 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by JEFFREY LIGHT, TRUTHOUT. (Attachments: # 1 Exhibit A - Leopold declaration, # 2 Exhibit B - McClanahan-Nebeker email, # 3 Exhibit C - ACLU-NC request, # 4 Exhibit D - ACLU-NC release letter, # 5 Exhibit E - PCJF request, # 6 Exhibit F - PCJF release letter, # 7 Exhibit G - ACLU-PCJF extra release, # 8 Exhibit H - DHS email, # 9 Exhibit I - Sample processing notes, # 10 Exhibit J - ACLU-NC complaint, # 11 Exhibit K - Nebeker-McClanahan email, # 12 Text of Proposed Order)(McClanahan, Kelly) (Entered: 04/03/2013)
2013-04-03	14	NOTICE OF RELATED CASE by JEFFREY LIGHT, TRUTHOUT. Case related to Case No. 12-3728 (N.D. Cal.). (McClanahan, Kelly) (Entered: 04/03/2013)
2013-04-03	15	MOTION for Extension of Time to File Response/Reply as to 9 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment (Nunc Pro Tunc) by JEFFREY LIGHT, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 04/03/2013)
2013-04-03		ORDER granting 15 Motion for Extension of Time to File Response. Plaintiff's response filed on 4/3/2013 is deemed timely. Signed by Judge Rosemary M. Collyer on 4/3/2013. (KD) (Entered: 04/03/2013)
2013-04-03	16	MOTION for Leave to File EXHIBIT L - Privacy waivers Under seal by JEFFREY LIGHT, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(rdj) (Entered: 04/04/2013)
2013-04-03	17	SEALED EXHIBIT L filed by JEFFREY LIGHT, TRUTHOUT. re 16 MOTION for Leave to File EXHIBIT L - Privacy waivers Under seal. (This document is SEALED and only available to authorized persons.)(zrdj) Modified on 4/25/2013 pursuant to Order granting, filed on 4/22/13(zrdj). (Entered: 04/04/2013)
2013-04-15	18	RESPONSE re 14 Notice of Related Case filed by DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 04/15/2013)
2013-04-22	19	ORDER granting 16 Motion for Leave to File EXHIBIT L - Privacy waivers Under seal. Signed by Judge Rosemary M. Collyer on April 22, 2013. (cdw) (Entered: 04/24/2013)
2013-05-01	20	REPLY to opposition to motion re 9 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Hardy Supplemental)(Nebeker, William) (Entered: 05/01/2013)
2013-05-02	21	MOTION for Leave to File /Submit Ex Parte, In Camera Declaration by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration Third Hardy, # 2 Text of Proposed Order)(Nebeker, William) (Entered: 05/02/2013)
2013-05-21	22	Memorandum in opposition to re 21 MOTION for Leave to File /Submit Ex Parte, In Camera Declaration filed by JEFFREY LIGHT, TRUTHOUT. (McClanahan, Kelly) (Entered: 05/21/2013)
2013-05-21	23	ERRATA by JEFFREY LIGHT, TRUTHOUT 22 Memorandum in Opposition filed by TRUTHOUT, JEFFREY LIGHT. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/21/2013)
2013-05-22	24	REPLY to opposition to motion re 21 MOTION for Leave to File /Submit Ex Parte, In Camera Declaration filed by DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 05/22/2013)
2013-05-22	25	MOTION for Extension of Time to File Response/Reply as to 21 MOTION for Leave to File /Submit Ex Parte, In Camera Declaration (Nunc Pro Tunc) by JEFFREY LIGHT, TRUTHOUT (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/22/2013)
2013-05-23		MINUTE ORDER granting 25 Motion for Extension of Time nunc pro tunc to File Response to Defendant's motion for leave to file 21 . Plaintiff's response 22 is deemed to have been timely filed. Signed by Judge Rosemary M. Collyer on 5/23/2013. (KD) (Entered: 05/23/2013)
2013-05-23		MINUTE ORDER granting 21 Defendant's Motion for Leave to Submit an ex parte in camera declaration and memorandum in support. The May 2, 2013 Declarations of Mr. Hardy shall be considered by the Court. No later than June 3, 2013, Defendant shall contact Chambers to effectuate the submission of the ex parte in camera declaration and memorandum. Signed by Judge Rosemary M. Collyer on 5/23/2012. (KD) (Entered: 05/23/2013)
2013-05-23	26	RESPONSE re 25 MOTION for Extension of Time to File Response/Reply as to 21 MOTION for Leave to File /Submit Ex Parte, In Camera Declaration (Nunc Pro Tunc) filed by DEPARTMENT OF JUSTICE. (Nebeker, William) (Entered: 05/23/2013)
2013-07-09	27	NOTICE Of In Camera, Ex Parte Submission by DEPARTMENT OF JUSTICE re 9 MOTION to Dismiss Or, In The Alternative MOTION for Summary Judgment (Nebeker, William) (Entered: 07/09/2013)
2013-07-17	28	MEMORANDUM AND OPINION. Signed by Judge Rosemary M. Collyer on 7/17/2013. (KD) (Entered: 07/17/2013)
2013-07-17	29	ORDER granting 9 Defendant's Motion to Dismiss or for Summary Judgment. Judgment is entered in favor of Defendant. This case is closed. Signed by Judge Rosemary M. Collyer on 7/17/13. (KD) (Entered: 07/17/2013)
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