Andrews v. Department of Justice

212 F. Supp. 3d 109, 2015 U.S. Dist. LEXIS 188225, 2015 WL 12564164
CourtDistrict Court, District of Columbia
DecidedSeptember 28, 2015
DocketCivil Action No. 14-999 (EGS)
StatusPublished

This text of 212 F. Supp. 3d 109 (Andrews v. Department of Justice) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Andrews v. Department of Justice, 212 F. Supp. 3d 109, 2015 U.S. Dist. LEXIS 188225, 2015 WL 12564164 (D.D.C. 2015).

Opinion

MEMORANDUM OPINION

Emmet G. Sullivan, United States District Judge

James Andrews requested information from the Federal Bureau of Investigation (“FBI”) under the Freedom of Information Act, 5 U.S.C. § 552, and Privacy Act, 5 U.S.C. § 552a (collectively “FOIPA”).1 The FBI conducted what it considers to have been a reasonable search in response to that request, and found one responsive document. The Department of Justice (“DOJ”) therefore moves for summary judgment, arguing that it has discharged its FOIA responsibilities. Mr. Andrews opposes the motion. Upon consideration of the motion, the opposition and reply thereto, the applicable law, and the entire record, the Court GRANTS the motion for summary judgment.

I. Background

A. Mr. Andrews’ FOIPA Requests and this Lawsuit.

On April 9, 2012, Mr. Andrews submitted to the FBI a FOIPA request for a copy of “ ‘a Form 211 and a Form 11369 with my name on them.’ ” Defs Mot. for Summ. J. (“Mot.”), Statement of Material Facts as to Which There is No Genuine Issue (“Def.’s SMF”), ECF No. 9-1 ¶1. Mr. Andrews provided the claim number that he stated was on the forms and informed the FBI “that he believed a copy of the forms was ‘possibly’ in the possession of the FBI’s Public Corruption Office in Columbus, Ohio.” Id.

On April 12, 2012, the FBI informed Mr. Andrews that his request did not contain sufficient information to enable an adequate search of the FBI’s Central Records System (“CRS”) and provided him with a standardized form to complete. Def.’s SMF ¶ 2. Mr. Andrews responded on April 24, 2012, providing additional information and documentation to the FBI. Id. ¶ 3. On May 24, 2012, the FBI acknowledged that it had received the request and advised Mr. Andrews that it would be searching the CRS system for responsive information and would inform him of the results. Id. ¶ 5. On August 31, 2012, the FBI informed Mr. Andrews by letter that one four page document had been located and was being released to him in its entirety. Id. ¶ 6.

' On September 12, 2012, Mr. Andrews submitted a second FOIPA request for “ ‘a specific one page record, a specific IRS Form 211, preliminary copy enclosed’ ” which, Mr. Andrews stated, he had sent to the “ ‘Informant Claim Examiner at the Internal Revenue Service Campus at Cincinnati, Ohio.’ ” Id. ¶ 7. Mr. Andrews stated that the record that the FBI had released to him on August 31, 2012, was “a copy of a fax he had previously submitted to the FBI’s Columbus Field Office dated March 26, 2012.” Id. The FBI acknowledged receipt of this request on October 22, 2012, and on November 2, 2012, informed Mr. Andrews by letter that the record responsive to this request was the same record that had been released to him on August 31, 2012. Id. ¶¶ 8-9. This letter also stated “that the records Plaintiff sought ‘have already been properly re[112]*112viewed and withheld’ pursuant to the provisions of the Freedom of Information and Privacy Acts.” Id. ¶ 9. According to the defendant, this statement was erroneous because as the August 31, 2012 letter indicated, the document was released to Mr. Andrews in its entirety. Id.

On May 1, 2013, Mr. Andrews submitted a third FOIPA request for “ ‘[f]orm 211 which I completed on September 3, 2004.’ ” Id. ¶ 12. Mr. Andrews stated that “ ‘[t]he five boxes at the bottom were then completed by the IRS, and this is the one-page record that you now withhold, and which I now newly request” subject to exemptions. Id. On May 7, 2013, the FBI acknowledged receipt of this request, and on May 14, 2013, informed Mr. Andrews that the search of CRS located “no main files” responsive to his request. Id. ¶¶ 13-14. The letter also stated that the document released to Mr. Andrews was released in its entirety. Id. ¶ 14.

On May 24, 2013, Mr. Andrews appealed the FBI’s response to his third FOIPA request to DOJ’s Office of Information Policy (“OIP”). Id. ¶ 17. In his appeal, Mr. Andrews explained why the Form 211 that he believed was being withheld—specifically the form with the information completed by the IRS—should not be subject to a FOIA exemption. Id. On August 30, 2013, OIP informed Mr. Andrews that it was affirming the FBI’s action in response to his requests, explained that the FBI’s reference to a FOIA exemption is a standard paragraph in its response letters, and stated that the FBI “had released one page in full” to Mr. Andrews on August 31, 2012. Id. ¶ 19. According to DOJ, this latter statement was in error because that release had actually consisted of a four page document. Id.

On June 9, 2014, Mr. Andrews, proceeding pro se, filed his complaint. See Compl., ECF No. 1: On September 5, 2014, DOJ filed its motion for summary judgment. See Mot., ECF No. 9. DOJ also submitted a statement of facts in support of that motion. See Def.’s SMF, ECF No. 9-1. On October 10, 2014, Mr. Andrews filed his opposition to the motion for summary judgment. See Opp. to Mot. (“Opp.”), ECF No. 11. Mr. Andrews did not provide a response to DOJ’s statement of material facts. On October 24, 2014, the Department of Justice filed a reply brief. See Reply in Supp. of Mot. (“Reply”), ECF No. 12. DOJ’s motion is ripe for adjudication.

II. Summary Judgment in a FOIA Case

Summary judgment is granted when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. Fed. R. Civ. P. 56; Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Waterhouse v. District of Columbia, 298 F.3d 989, 991 (D.C. Cir. 2002). In determining whether a genuine issue of fact exists, the court must view all facts in the light most favorable to the non-moving party. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). “FOIA cases typically and appropriately are decided on motions for summary judgment.” Gold Anti-Trust Action Comm. v. Bd. of Governors of Fed. Reserve Sys., 762 F.Supp.2d 123, 130 (D.D.C. 2011)(quotation marks omitted). Under FOIA, all underlying facts and inferences are analyzed in the light most favorable to the FOIA requester; as such, only after an agency proves that it has fully discharged its FOIA obligations is summary judgment appropriate. Moore v. Aspin, 916 F.Supp. 32, 35 (D.D.C. 1996) (citing Weisberg v. U.S. Dep’t of Justice, 705 F.2d 1344, 1350 (D.C. Cir. 1983)).

In considering a motion for summary judgment under FOIA, the court must conduct a de novo review of the [113]*113record. See 5 U.S.C.

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212 F. Supp. 3d 109, 2015 U.S. Dist. LEXIS 188225, 2015 WL 12564164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrews-v-department-of-justice-dcd-2015.