Mattachine Soc'y of Wash. v. DOJ (D.D.C.) -- finding that: (1) FBI failed to adequately search for records concerning Executive Order 10450; (2) FBI properly withheld certain information pursuant to Exemptions 3 and 7(D); and (3) FBI properly withheld certain names pursuant to Exemption 7(C), but that public interest warranted that names be replaced with uniquely identifiable alphanumeric markers and production of index.
Summaries of all opinions issued since April 2015 available here.
July 27, 2017
White v. Office of the Fed. Defender for the Middle Dist. of Fla. (S.D. Ill.) -- spontaneously dismissing lawsuit as frivolous because defendant is not a federal agency subject to FOIA.
July 26, 2017
Am. Marine v. IRS (S.D. Cal.) -- ruling that: (1) IRS failed to demonstrate that it performed reasonable search for responsive records; (2) IRS properly withheld records pursuant to Exemptions 3 (26 U.S.C. § 6103(e)(7)), 5, 7(A), and 7(D); (3) IRS failed to address whether "Risk Score" withheld under Exemption 7(E) was technique unknown to public; and (4) judgment would be reserved as to Exemption 3 (26 U.S.C. § 6103(a)) and Exemption 6 until record was further developed.
July 25, 2017
Jackson v. GSA (E.D. Pa.) -- concluding that both GSA and Treasury performed reasonable searches for records concerning plaintiff's unsuccessful application for employment as IRS agent.
James Madison Project v. DOJ (D.D.C.) -- finding that Department of Defense performed an adequate search for certain records concerning soldier's memoir about killing Osama Bin Laden, and that agency properly withheld information pursuant to Exemption 5 (which plaintiff conceded).
July 24, 2017
Stein v. SEC (D.D.C.) -- deciding that: (1) agency was obliged to search for certain requested records even though plaintiff once had access to them during discovery phase of litigation; (2) agency properly withheld records pursuant to Exemptions 3 (Bank Secrecy Act), 7(A), and 7(C); and (3) plaintiff failed to provide sufficient information to determine whether certain records withheld under Exemption 7(A) were also properly withheld under Exemption 5
Gahagan v. U.S. Citizenship & Immigration Servs. (E.D. La.) -- determining that FBI properly relied on Exemption 7(E) to withhold certain information from two pages referred to it by USCIS.
Summaries of all opinions issued since April 2015 available here.
Seavey v. DOJ (D.D.C.) -- ordering FBI to process 102,000 pages of responsive records concerning Vietnam War at a rate of at least 2,850 pages per month, which exceeds agency's policy of processing 500 pages per month for voluminous requests.
Huntington v. U.S. Dep't of Commerce (D.D.C.) -- determining that U.S. Patent and Trademark Office failed to perform an adequate search within one office for records concerning a confidential program, but that it properly withheld a disputed document pursuant to deliberative process privilege.
Smart-Tek Automated Servs. v. IRS (S.D. Cal.) -- ruling that: (1) IRS failed to demonstrate that it performed reasonable search for responsive records; (2) IRS properly withheld records pursuant to Exemptions 3 (in conjunction with 26 U.S.C. 6103(e)(7)), 5, 6, 7(A), and 7(D); (3) IRS failed to address whether records withheld under Exemption 7(E) revealed techniques unknown to public; and (4) judgment would be reserved as to Exemption 3 (in conjunction with 26 U.S.C. 6103(a)) and Exemption 7(C) until record was further developed.
Summaries of all opinions issued since April 2015 available here.
July 19, 2017
Smallwood v. DOJ (D.D.C.) -- dismissing lawsuit because plaintiff did not submit the request and the requester (plaintiff's lawyer) failed to indicate that the request was made on behalf of a client generally or plaintiff specifically.
July 18, 2017
Elec. Privacy Info. Ctr. v. DEA (D.D.C.) -- finding that plaintiff was eligible and entitled to attorney's fees, but excluding all time spent on unsuccessful summary judgment briefing, reducing excessive time spent by three attorneys on certain tasks, ordering plaintiff to recalculate hourly rate based on updated U.S. Attorney's Office matrix, and reducing requested fee-on-fee award by 67 percent.
Summaries of all opinions issued since April 2015 available here.
McGuffin v. Soc. Sec. Admin. (E.D.N.C.) -- concluding that SSA properly invoked Exemption 6 to withhold names and personal productivity information of agency decision writers.
Gawker Media v. U.S. Dep't of State (D.D.C.) -- rejecting discovery request for: (1) affidavit from former Deputy Assistant Secretary of State Philippe Reines concerning methodology he employed to search his private email for government documents, and (2) sworn certification that Reines turned over all government-related records in his private email accounts..
Summaries of all opinions issued since April 2015 available here.
Canning v. DOJ (D.D.C.) -- finding that: (1) FBI properly relied upon Exemption 3 to withhold wiretap records, but that agency was required to release certain information that it had previously acknowledged officially; (2) FBI was required to release certain names withheld under Exemption 7(C) and 7(D) because agency had previously acknowledged them officially; and (3) FBI failed to demonstrate the propriety of Exemption 7(D) to withhold certain information obtained from sources under implied assurance of confidentiality.
Protect Democracy Project v. DOD (D.D.C.) -- ruling that plaintiff was entitled to expedited processing of its requests for records concerning President Trump's legal authority to order missile strikes against Syria, but declining to order defendants to produce records by any certain date.
Summaries of all opinions issued since April 2015 available here.
Gerhard v. BOP (D.D.C.) -- finding that Federal Bureau of Prisons performed an adequate search and provided plaintiff with all requested records, but awarding plaintiff litigation costs due, in part, to agency's dilatory search.
Summaries of all opinions issued since April 2015 available here.
Singh v. U.S. Postal Serv. (W.D. Wash.) -- determining that agency performed a reasonable search for plaintiff's employment records and granted him access to all documents located.
Smart-Tek Serv. Solutions Corp. v. IRS (S.D. Cal.) -- ruling that: (1) IRS failed to demonstrate that it performed reasonable search for responsive records; (2) IRS properly withheld records pursuant to Exemptions 3 (in conjunction with 26 U.S.C. 6103(e)(7)), 5, 7(A), and 7(D); (3) IRS failed to address whether records withheld under Exemption 7(E) revealed techniques unknown to public; and (4) judgment would be reserved as to Exemption 3 (in conjunction with 26 U.S.C. 6103(a)) and Exemption 6 until record was further developed.
Summaries of all opinions issued since April 2015 available here.
Harrison v. EOUSA (S.D. Cal.) -- concluding that agency performed adequate search for records concerning activities of Assistant United States Attorney with respect to plaintiff, a pro se inmate.
Summaries of all opinions issued since April 2015 available here.
Trucept v. IRS (S.D. Cal.) -- ruling that: (1) IRS failed to demonstrate that it performed reasonable search for responsive records; (2) IRS properly withheld records pursuant to Exemptions 5, 7(A), and 7(D); (3) IRS failed to address whether "Risk Score" withheld under Exemption 7(E) was technique unknown to public; and (4) judgment would be reserved as to Exemptions 3, 6, and 7(C) until record was further developed.
Frost v. Wilkinson (N.D. Cal.) -- dismissing complaint because plaintiff improperly named an employee of the Executive Office for United States Attorneys as the defendant instead of the agency; stating in dicta that agency appeared to have conducted adequate search for records, which was sole issue in dispute.
Summaries of all opinions issued since April 2015 available here.