Ortiz v. United States Department of Justice

67 F. Supp. 3d 109, 2014 U.S. Dist. LEXIS 126531, 2014 WL 4449686
CourtDistrict Court, District of Columbia
DecidedSeptember 10, 2014
DocketCivil Action No. 2012-1674
StatusPublished
Cited by58 cases

This text of 67 F. Supp. 3d 109 (Ortiz v. United States 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
Ortiz v. United States Department of Justice, 67 F. Supp. 3d 109, 2014 U.S. Dist. LEXIS 126531, 2014 WL 4449686 (D.D.C. 2014).

Opinion

MEMORANDUM OPINION

THOMAS F. HOGAN Senior United States District Judge

This matter is before the Court on defendant’s Motion for Summary Judgment [ECF No. 22]. 1 For the reasons discussed below, the motion will be granted.

I. BACKGROUND

Plaintiff brings this action under the Freedom of Information Act (“FOIA”), see 5 U.S.C. § 552, against the United States Department of Justice (“DOJ”) for the purpose of obtaining information about his criminal case that purportedly is maintained by the Drug Enforcement Administration (“DEA”). See Complaint for Declaratory and Injunctive Relief [ECF No. 1] (“Compl.”) ¶¶ 1-2, 4; Motion for Summary Judgment Upon Defendant’s Failure to Comply with This Court’s Order and Due Date to File an Answer to Plaintiffs Complaint [ECF No. 26] at 1.

A. DEA FOIA Request No. 12-00038-P

In relevant part, plaintiffs request to the DEA read:

This is a non-commercial request for information pursuant to [the FOIA] for *115 a copy of all records in the possession of [the DEA] concerning specifically:
Mag. No. L-04-228TM-01
DEA FILE NO.: M6-04-0273
DEA S/A RHUE DEA FORM 6
DATED: 03/12/2004
any other investigative reports filed by any other federal agent in regards to United States v. Herardo Ortiz, Southern District of Texas (Laredo Division), criminal case number: 5:08-0031-l[.]

Memorandum in Support of Defendant’s Motion for Summary Judgment [EOF No. 22-1] (“Def.’s Mem.”), Declaration of Katherine L. Myrick (“Myrick Deck”), Ex. A (Freedom of Information Act/Privacy Act Request dated October 14, 2011) at 1. The DEA’s initial response to the request was the release of 48 pages of records in part and the withholding of two pages in full. M ¶ 7; see id., Ex. C (Letter to plaintiff from Katherine L. Myrick, Chief, Freedom of Information/Privacy Act Unit, FOI/Records Management Section, DEA, dated June 21, 2012) at 2. The DEA also referred two pages of records to U.S. Immigration and Customs Enforcement (“ICE”), id. ¶ 9, and three pages to the Executive Office for United States Attorneys (“EOUSA”), id. ¶ 10, for direct responses to plaintiff.

In addition, the DEA forwarded 12 pages of records to the Bureau of Customs and Border Protection (“CBP”) “as a consultation, for review and return” to the DEA, and referred six additional pages of records to the CBP for its review and direct response to plaintiff. Id. ¶ 8; see id., Ex. D (Letter to Mark Hanson, Director, FOIA Division, CBP from Katherine- L. Myrick dated June 21, 2012). The DEA informed plaintiff that he would be “notified if more material [became] available for release pending results from the consultation.” Id., Ex. C at 1.

The CBP returned • to the DEA the twelve pages of records referred on June 21, 2012, along with “[a]n additional four pages belonging to the Office of Border Patrol.” Id., Ex. G (Memorandum to Katherine L. Myrick from Dale G. Martin, Acting Director, FOIA Division, Office of International Trade, CBP, dated July 13, 2012). The DEA, in turn, released to plaintiff these 12 pages of records in redacted form, relying on FOIA Exemptions 6, 7(C), 7(E) and 7(F). Id. ¶ 12; see generally id., Ex. H (Letter to plaintiff from Katherine L. Myrick dated August 1, 2012). With respect to the remaining six pages of records, the CBP returned them to the DEA rather than responding directly to plaintiff. See Def.’s Mem. at 2 n.3; Myrick Deck ¶¶ 12-13; see id., Ex. H. These pages were included in the DEA’s June 14, 2013 response to plaintiff. See Def.’s Mem. at 2 n.3; Myrick Deck ¶ 13.

DEA staff determined that plaintiffs request “could be interpreted in several ways,” for example, as one for “a particular DEA Form 6 created on March 12, 2004, by DEA Special Agent Rhue, under DEA file number M6-04-0273 that was utilized in a court proceeding assigned docket number Mag. No. L-04-2287M-01.” 2 Myrick Deck, Ex. I (Letter to plaintiff from William C. Little, Senior Attorney, Administrative Law Section, Office of Chief Counsel, DEA, dated June 13, 2013) at 1. However, “[s]ince DEA does not index records based upon a criminal case name or docket number, Mag. No. L-042287M-01 [and] CR 5:08-0031-1 [were] of no use in identifying investigative records[] or case file(s) that would contain investigative reports and documents that *116 reference plaintiff.” Id. ¶ 15. DEA staff initially treated plaintiffs request as one for records within DEA Investigative Case File No. M6-04-0273 referencing plaintiff by name. Id., Ex. I at 2. In light of plaintiff s request for “any other investigative reports filed by any other federal agent,” DEA staff expanded the search to include “all investigative reports maintained by DEA that referenced [plaintiff] by name.” Id., Ex. I at 2.

On June 14,- 2013, relying on FOIA Exemptions 3, 7(C), 7(D), 7(E), and 7(F), the DEA released three pages in full, released 285 pages in part, and withheld 201 pages in full. Id. ¶ 13; see generally id., Ex. I. A third release by the DEA resulted in disclosure of “portions of materials numbered Page 34, Page 35, Page 53 and Page 57 ... in further response to [his FOIA] request dated October 14, 2011.” Id., Ex. J (Letter to plaintiff from William C. Little dated February 5, 2014) at 1. Certain information had. been redacted under FOIA Exemptions 7(E) and 7(F). Id., Ex. J at 1.

B. Referral to the EOUSA (Request ■ No. 12-2733-R)

The EOUSA received the referral of three pages of records from the DEA on June 25, 2012, and on July 31, 2012, it released these pages in full. Def.’s Mem., Declaration of John W. Kornmeier ¶¶ 4-5.

C. Referral to ICE (Case No. 2012FOIA15550)

Of the two pages of records referred by the DEA, ICE released both pages in part, relying on FOIA Exemptions 6, 7(C), and 7(E). Id., Declaration of Catrina Pavlik-Keenan (“Pavlik-Keenan Deck”) ¶¶ 6-7.

II. DISCUSSION

A. ■Summary Judgment in a FOIA Case

FOIA cases typically are resolved on a motion for summary judgment. See, e.g., Citizens for Responsibility and Ethics in Washington v. U.S. Dep’t of Justice, 48 F.Supp.3d 40, 46-47, 2014 WL 2604640, at *2 (D.D.C.2014) (citations omitted). The Court grants summary judgment if the movant shows that there is no genuine dispute as to any material fact and that it is entitled to judgment as a matter of law.

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67 F. Supp. 3d 109, 2014 U.S. Dist. LEXIS 126531, 2014 WL 4449686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ortiz-v-united-states-department-of-justice-dcd-2014.