Case Detail

FOIA Project Annotation: A federal court in New York has ruled that the FBI conducted an adequate search for records concerning former Fox News head Roger Ailes even though it did not locate records pertaining to an ongoing Department of Justice investigation of Fox for its settlement payments for multiple charges of sexual harassment while Ailes was at Fox. Gizmodo Media requested records on Ailes after he died, specifically identifying the investigation of Fox for its payments as one area of interest. The FBI conducted a search of its Central Records System index and its Universal Index and located 147 pages under Ailes' name. After Gizmodo filed suit, the FBI conducted a second search using its Sentinel system, finding another three files consisting of 31 additional pages. The agency disclosed 113 pages and withheld the rest under various exemptions. Gizmodo did not challenge the agency's exemption claims but questioned the adequacy of its search, arguing that searching only under Ailes' name was insufficient. The FBI claimed that any records about Ailes would have been cross-referenced under his name. The court agreed with Gizmodo that its request was broader than just records on Ailes, including records about the ongoing investigation of Fox. But the court found that searching under Ailes' name would have likely produced any records on DOJ's investigation of Fox, noting that "given the prominence of Ailes in that investigation, a search of reference entries in CRS using Roger Ailes' name is 'reasonably calculated to discover' documents relating to the Fox News investigation." The court rejected Gizmodo's claim that Nation Magazine v. U.S. Customs Service, 71 F.3d 885 (D.C. Cir. 1995), in which the D.C. Circuit held that the agency had to search more broadly for records on H. Ross Perot, was applicable. The court observed that the Nation decision "does not state that, where a repository of records can be index-searched, the government must do more than an index search to have conducted an adequate search. Here, the CRS can be index-searched, and neither party has identified any collection of files that the FBI did not search because it could not do so via an index search."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2017-08-01	1	COMPLAINT against Federal Bureau Of Investigation. (Filing Fee $ 400.00, Receipt Number 0208-13966001)Document filed by Gizmodo Media Group, LLC. (Attachments: # 1 Exhibit A)(Novack, Daniel) (Entered: 08/01/2017)
2017-08-01	2	CIVIL COVER SHEET filed. (Novack, Daniel) (Entered: 08/01/2017)
2017-08-01	3	REQUEST FOR ISSUANCE OF SUMMONS as to Federal Bureau of Investigation, re: 1 Complaint. Document filed by Gizmodo Media Group, LLC. (Novack, Daniel) (Entered: 08/01/2017)
2017-08-01	4	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Univision Interactive Media, Inc., Corporate Parent Univision Communications Inc., Other Affiliate La Fabrica LLC, Other Affiliate Story House Entertainment LLC, Other Affiliate Flama Media LLC, Other Affiliate Univision Digital Music LLC, Other Affiliate Uni-Labs LLC, Other Affiliate Univision Fantasy Sports LLC, Other Affiliate D2C LLC, Other Affiliate Uni-Leek LLC for Gizmodo Media Group, LLC. Document filed by Gizmodo Media Group, LLC.(Novack, Daniel) (Entered: 08/01/2017)
2017-08-02		CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (pc) (Entered: 08/02/2017)
2017-08-02		Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (pc) (Entered: 08/02/2017)
2017-08-02		Case Designated ECF. (pc) (Entered: 08/02/2017)
2017-08-02	5	ELECTRONIC SUMMONS ISSUED as to Federal Bureau Of Investigation. (pc) (Entered: 08/02/2017)
2017-08-09	6	AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint served. Federal Bureau Of Investigation served on 8/8/2017, answer due 9/7/2017. Service was made by MAIL. Document filed by Gizmodo Media Group, LLC. (Novack, Daniel) (Entered: 08/09/2017)
2017-08-25	7	NOTICE OF APPEARANCE by Lauren Almquist Lively on behalf of Federal Bureau Of Investigation. (Lively, Lauren) (Entered: 08/25/2017)
2017-08-25	8	LETTER addressed to Judge Edgardo Ramos from Lauren Almquist Lively dated August 25, 2017 re: Correction of Docket. Document filed by Federal Bureau Of Investigation.(Lively, Lauren) (Entered: 08/25/2017)
2017-08-28	9	MEMO ENDORSEMENT on re: 8 Letter filed by Federal Bureau Of Investigation. ENDORSEMENT: The Clerk of the Court is respectfully directed to correct the FBI's answer deadline to September 18, 2017. The application is granted. (Federal Bureau Of Investigation answer due 9/18/2017.) (Signed by Judge Edgardo Ramos on 8/28/2017) (jwh) (Entered: 08/28/2017)
2017-09-18	10	ANSWER to 1 Complaint. Document filed by Federal Bureau Of Investigation.(Lively, Lauren) (Entered: 09/18/2017)
2017-12-13	11	LETTER addressed to Judge Edgardo Ramos from Gizmodo Media Group LLC dated 12/13/2017 re: Joint Request for Scheduling Conference. Document filed by Gizmodo Media Group, LLC.(Novack, Daniel) (Entered: 12/13/2017)
2017-12-15	12	NOTICE OF INITIAL COURT CONFERENCE: Initial Conference set for 1/19/2018 at 11:45 AM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos, as further set forth in this notice.(jwh) (Entered: 12/15/2017)
2018-01-19		Minute Entry for proceedings held before Judge Edgardo Ramos: Initial Pretrial Conference held on 1/19/2018. Plaintiff's counsel present. Defendant's counsel present. (Court Reporter Carol Ganley) (jar) (Entered: 01/19/2018)
2018-01-29	13	ENDORSED LETTER addressed to Judge Edgardo Ramos from Daniel Novack dated 1/18/18 re: The parties are engaging in good faith discussions regarding the exclusion of the 34 withheld pages and the adequacy of the DOJ's search efforts. The parties will likely need the Court's determination of one or both factors. ENDORSEMENT: SO ORDERED. (Signed by Judge Edgardo Ramos on 1/29/2018) (mro) (Entered: 01/30/2018)
2018-03-19	14	MOTION for Summary Judgment . Document filed by Federal Bureau Of Investigation.(Lively, Lauren) (Entered: 03/19/2018)
2018-03-19	15	MEMORANDUM OF LAW in Support re: 14 MOTION for Summary Judgment . . Document filed by Federal Bureau Of Investigation. (Lively, Lauren) (Entered: 03/19/2018)
2018-03-19	16	DECLARATION of Lauren Almquist Lively in Support re: 14 MOTION for Summary Judgment .. Document filed by Federal Bureau Of Investigation. (Attachments: # 1 Exhibit A)(Lively, Lauren) (Entered: 03/19/2018)
2018-03-19	17	DECLARATION of David M. Hardy in Support re: 14 MOTION for Summary Judgment .. Document filed by Federal Bureau Of Investigation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Lively, Lauren) (Entered: 03/19/2018)
2018-04-19	18	MOTION for Summary Judgment . Document filed by Gizmodo Media Group, LLC. Responses due by 5/3/2018(Novack, Daniel) (Entered: 04/19/2018)
2018-04-19	19	MEMORANDUM OF LAW in Support re: 18 MOTION for Summary Judgment . . Document filed by Gizmodo Media Group, LLC. (Novack, Daniel) (Entered: 04/19/2018)
2018-05-02	20	REPLY MEMORANDUM OF LAW in Support re: 14 MOTION for Summary Judgment . and in Opposition to Plaintiff's Motion for Summary Judgment . Document filed by Federal Bureau Of Investigation. (Lively, Lauren) (Entered: 05/02/2018)
2018-05-16	21	REPLY MEMORANDUM OF LAW in Support re: 18 MOTION for Summary Judgment . . Document filed by Gizmodo Media Group, LLC. (Novack, Daniel) (Entered: 05/16/2018)
2018-09-07	22	LETTER addressed to Judge Edgardo Ramos from Lauren Almquist Lively dated September 7, 2018 re: Recent Development. Document filed by Federal Bureau Of Investigation.(Lively, Lauren) (Entered: 09/07/2018)
2018-11-02	23	MEMO ENDORSEMENT on re: 22 Letter filed by Federal Bureau Of Investigation. ENDORSEMENT: The government is directed to update the Court on the events discussed in this letter by November 7, 2018. (Signed by Judge Edgardo Ramos on 11/2/2018) (jwh) (Entered: 11/02/2018)
2018-11-07	24	LETTER addressed to Judge Edgardo Ramos from Emily Bretz dated 11/7/18 re: Court's Order dated November 2, 2018. Document filed by Federal Bureau Of Investigation.(Bretz, Emily) (Entered: 11/07/2018)
2018-11-07	25	DECLARATION of David M. Hardy in Support re: 14 MOTION for Summary Judgment .. Document filed by Federal Bureau Of Investigation. (Bretz, Emily) (Entered: 11/07/2018)
2018-11-07	26	NOTICE OF APPEARANCE by Emily Elizabeth Bretz on behalf of Federal Bureau Of Investigation. (Bretz, Emily) (Entered: 11/07/2018)
2018-11-16	27	LETTER MOTION for Leave to File Status Update addressed to Judge Edgardo Ramos from Emily Bretz dated November 16, 2018. Document filed by Federal Bureau Of Investigation.(Bretz, Emily) (Entered: 11/16/2018)
2018-11-16	28	ORDER granting 27 Letter Motion for Leave to File Document: The application is granted. (Signed by Judge Edgardo Ramos on 11/16/2018) (jwh) Modified on 11/16/2018 (jwh). (Entered: 11/16/2018)
2018-11-27	29	STATUS REPORT. And, request to submit supplemental status report following production of documents Document filed by Federal Bureau Of Investigation.(Bretz, Emily) (Entered: 11/27/2018)
2018-11-28	30	MEMO ENDORSEMENT on re: 29 Status Report filed by Federal Bureau Of Investigation. ENDORSEMENT: The Defendant is directed to provide a status update to the Court by January 11, 2019. (Signed by Judge Edgardo Ramos on 11/28/2018) (jca) (Entered: 11/28/2018)
2018-12-27	31	STANDING ORDER M10-468 The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (cf) (Entered: 01/07/2019)
2018-12-27		Case Stayed (cf) (Entered: 01/14/2019)
2019-02-13	32	STATUS REPORT. Document filed by Federal Bureau Of Investigation.(Bretz, Emily) (Entered: 02/13/2019)
2019-03-05	33	OPINION AND ORDER re: 18 MOTION for Summary Judgment . filed by Gizmodo Media Group, LLC, 14 MOTION for Summary Judgment . filed by Federal Bureau Of Investigation. For the reasons set forth above, the FBI's motion for summary judgment is GRANTED and Gizmodo's motion for summary judgment is DENIED. The Clerk of the Court is respectfully directed to terminate the motions, Docs. 14, 18, and close the case. SO ORDERED. (Signed by Judge Edgardo Ramos on 3/5/20.19) (kv) Transmission to Orders and Judgments Clerk for processing. (Entered: 03/05/2019)
2019-03-08	34	CLERK'S JUDGMENT re: 33 Memorandum & Opinion. in favor of Federal Bureau Of Investigation against Gizmodo Media Group, LLC. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated March 5, 2019, the FBI's motion for summary judgment is granted and Gizmodo's motion for summary judgment is denied; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 03/08/2019) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 03/08/2019)
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