Court Decisions

Re: Request for records relating to FTC's interactions with alcoholic beverage industry Disposition: Denying defendant's motion for summary judgment

• Adequacy of the Search: The court finds that "[t]he agency's numerous missteps throughout the drawn out FOIA process raise significant doubts in the eyes of the Court that the FTC's search was reasonably calculated to uncover all responsive...

Re: Request for records exchanged between Environmental Enforcement Section and Environmental Defense Section of DOJ, concerning a Comprehensive Environmental Response, Compensation, and Liability Act suit and proposed consent decree Disposition: Reversing district court's denial of defendant's motion for summary judgment

• Exemption 5/"Inter-Agency or Intra-Agency" Threshold Requirement: The...

Re: Request for records relating to renunciation of plaintiff's United States citizenship Disposition: Denying defendant's motion for summary judgment

• Exemption 3: Defendant withheld one document under Section 222(f) of the Immigration and Nationality Act, 8 U.S.C. § 1202(f), "which requires the withholding of information contained in the records of the Department of State pertaining to the...

Re: Request for records about plaintiff Disposition: Granting in part and denying in part defendant's motion for summary judgment

• Adequacy of Search: The court concludes that "a factual dispute exists on the adequacy of [defendant's] search" when the declarant "does not claim to have any personal knowledge about the search and he has not proffered" a declaration from the individual who...

Re: unknown Disposition: Adopting magistrate judge's recommendation to dismiss for failure to exhaust administrative remedies

• Exhaustion of Administrative Remedies: "The magistrate judge correctly concluded that no viable claim exists under…the [FOIA], as plaintiff failed to exhaust administrative remedies."

Re: Request for records concerning directed energy weapons or systems Disposition: Granting defendants' renewed motion for summary judgment in part with respect to the adequacy of the Secret Service's search for records and the determination to withhold certain information pursuant to Exemptions 1 and 5; denying defendants' motion without prejudice with regard to Exemptions 2, 4, 6, 7(C), and 7(E...

Re: First party request for records concerning plaintiff's arrest and extradition Disposition: Granting Defendants' motion for summary judgment and finding that Exemptions 6, 7C, 7D, and 7E were properly invoked and that defendant conducted a reasonable and adequate search

• Procedural: The court rejects plaintiff's contention that he is entitled to receive an order because Defendants did not...

Re: Request for records concerning a study on the "potential health effects of exposure to formaldehyde" Disposition: Granting Defendant's motion to dismiss with regard to research data that is publicly available but finding that court cannot hold that defendant conducted an adequate search for records based upon the record before the court

• Exhaustion: OMB Circular A-110 requires "Federal...

Re: First party request for records on self Disposition: Granting Defendants' renewed motion for summary judgment and finding Exemptions 5 and 7E properly applied to the memoranda at issue

• Exemption 5: The court holds that defendants properly withheld two internal memoranda "'prepared by attorneys discussing whether OSG should appeal a decision by the District Court to suppress evidence in a...

Re: Request for all records pertaining to plaintiffs Disposition: Granting the Department of Defense, Department of State (State), and FBI's motions for summary judgment; granting in part and denying in part CIA's motion for summary judgment; instructing CIA to conduct supplemental search

• Adequacy of Search: The court agrees that the CIA's policy of "'generally interpret[ing] [first-person]...