Virginia-Pilot Media Companies v. Department of Justice

147 F. Supp. 3d 437, 2015 WL 7573242, 2015 U.S. Dist. LEXIS 159665
CourtDistrict Court, E.D. Virginia
DecidedNovember 25, 2015
DocketCIVIL ACTION NO. 2:14cv577
StatusPublished
Cited by8 cases

This text of 147 F. Supp. 3d 437 (Virginia-Pilot Media Companies v. Department of Justice) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Virginia-Pilot Media Companies v. Department of Justice, 147 F. Supp. 3d 437, 2015 WL 7573242, 2015 U.S. Dist. LEXIS 159665 (E.D. Va. 2015).

Opinion

MEMORANDUM OPINION & ORDER

Raymond A. Jackson, United States District Judge

Before the Court aré cross Motions for Summary Judgment'and Plaintiffs’ Motion to Lift Stay on Discovery. ECF Nos. 28, 34. 44. On November 5. 2015, the Court held a hearing on these motions. The Department of Justice (“Defendant’’) asserts that they are the prevailing party because they have complied with the Freedom of Information Act (“FOIA”) by releasing all non-exempt material to Plaintiffs. Virginia-Pilot Media Co., LLC and Scott Daugherty. reporter for The Virginia Pilot, (“Plaintiffs”) contend that they arc the prevailing party because Defendant only released documents in response to the filing of this lawsuit and because Defendant is.erroneously claiming certain material as exempt. Plaintiffs have also filed a Motion to Lift Stay on Discovery in order to obtain more information to evaluate whether the exemptions Defendant claims apply to the withheld material. ECF Nos. 44. 45. For the reasons stated herein. Defendant’s Motion for Summary Judgment is DENIED IN PART finding that Defendant violated FOIA and GRANTED IN PART'upholding the exemptions claimed for the withheld material. Plaintiffs’ Motion for Summary Judgment is GRANTED IN PART finding Plaintiffs are the prevailing party and DENTED IN PART finding Defendant properly withheld exempt material and denying Plaintiffs’ request for an in camera inspection. Plaintiffs Motion to Lift Stay on Discovery is DENIED.

I. FACTUAL AND PROCEDURAL HISTORY

On May 17, 2013, two Federal Bureau of Investigation (“FBI”) special agents were killed in Virginia Beach, Virginia during a training exercise involving a special technique called fast roping. Compl. ¶ 3, ECF No. 1. On May 30, 2013, Plaintiffs wrote a letter to the FBI requesting any reports or memos regarding the accident pursuant to the Freedom of Information Act (“FOIA”). Ex. A, ECF No. 1. On July 2, 2013, David M. Hardy, Section Chief, Record/Information Dissemination Section of the Records Management Division of the U.S.- Department of Justice, Federal Bureau ’ of Investigation, wrote a letter to. Plaintiffs indicating that the May 30, 2013 FOIA request was received and review of the request was pending: Ex. B, ECF No. 30. On July 10, 2014, Defendant issued a letter to Plaintiffs indicating that 29 pages of material responsive to their FOIA request was recovered from a search of records but was being withheld pursuant to FOIA exemptions 5 U.S.C. §§’ 552(b)(5), [442]*442(b)(6), (b)(7)(C), and (b)(7)(E). Ex. B, ECF No. 1.

On July 30, 2014, Plaintiffs’ counsel wrote a letter appealing Defendant’s refusal to release records in response to their FOIA request. Ex. C, ECF No. 1. On August 7, 2014, Priscilla Jones, Supervisory Administrative Specialist for the U.S. Department of Justice, Office of Information Policy, sent a letter to Plaintiffs acknowledging receipt of their appeal. Ex. D, ECF No. 1. On October 23, 2014, by letter from Sean R. O’Neill, Chief, Administrative Appeals Staff, Defendant affirmed the decision not to release any material in response to Plaintiffs’ FOIA request pursuant to exemptions 5 U.S.C. §§ 552(b)(5), (b)(6), (b)(7)(C), and (b)(7)(E). Ex. E, ECF No. 1. On November 7, 2014, Plaintiffs filed this action challenging Defendant’s compliance with FOIA and its withholding of records pursuant to the exemptions claimed. Compl., ECF No. 1. On December 31. 2014, Defendant filed its Answer reasserting application of exemptions 5 U.S.C. §§ 552(b)(5), (b)(6), (b)(7)(C), and (b)(7)(E) to the withheld material. ECF No. 10.

On April 1, 2015, “in an attempt to resolve this action without extensive litigation,” Defendant conducted another search using a cut-off date of November 27, 2014, the date this suit was filed. Def.’s Mem. in Supp. of Mot. for Summ. J. 3, ECF No. 29. This search identified 889 pages of material responsive to Plaintiffs’ FOIA request, of which Defendant released 65 partly redacted pages and an additional 23 pages identifying other pages that were entirely withheld and the exemptions claimed for the withheld material. Id. at 4; see also ECF No. 22. On April 4, 2015, Plaintiffs published a front page newspaper story about the FBI helicopter training accident citing the materials Defendant released. Ex. 1, ECF No. 42.

On May 7, 2015, Magistrate Judge Tommy Miller ordered Defendant to file its Motion for Summary Judgment with a Vaughn index by June 5, 2015 and stayed discovery until further order of the Court. On 'June' 5, 2015, Defendant filed their Motion for Summary Judgment and Memorandum in Support and released 28 additional pages to Plaintiffs, including a redacted version of the 29 page report mefitioned in Defendant’s initial response to Plaintiffs’ FOIA request. ECF Nos. 28, 29. This resulted in a total of 10 pages released in full, 83 pages released in part, and 796 pages withheld in full of the 889 responsive pages. Def.’s Mem. in Supp. of Mot. for Summ. J. 4.

On June 26, 2015, Plaintiffs filed a Motion for Summary Judgment. Opposition to Defendant’s Motion for Summary Judgment, and a Motion to Lift Stay on Discovery. ECF Nos. 39, 41, 44. On July 2, 2015, Defendant filed its Reply to Plaintiffs’ Response to Defendant’s Motion for Summary Judgment. ECF No. 46. On July 10, 2015, Defendant filed an Opposition to Plaintiffs’ Motion to Lift Stay on Discovery. ECF No. 51. On July 17, 2015, Defendant filed its Opposition to Plaintiffs’ Motion for Summary Judgment. ECF No. 53. On July 27, 2015, Plaintiffs filed their Reply in Support of Motion for Summary Judgment. ECF No. 56.

On October 29, 2015, the Court scheduled a hearing on the pending motions for November 5, 2015. On November 5, 2015, a hearing was held on these matters, and the Court took them under advisement.

II. LEGAL STANDARD

A. Summary Judgment

Under Rule 56 of the Federal Rules of Civil Procedure, “[t]he Court shall grant summary judgment if the movant shows that there is no genuine dispute as to any [443]*443material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a); see also McKinney v. Bd. of Trs. of Md. Cmty. Coll., 955 F.2d 924, 928 (4th Cir.1992) (“[S]ummary judgments should be granted in those cases where it is perfectly clear that no issue of fact is involved and inquiry into the fact is not necessary to clarify the application of the law.”) (citations- omitted). In deciding a motion for summary judgment, the court must view the facts, and inferences to be drawn from the facts, in the light most favorable to -the nonmoving party. United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962).

Once a motion for summary judgment is properly made and supported, the opposing party “must come forward with specific facts showing that there is a genuine issue for trial.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp.,

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147 F. Supp. 3d 437, 2015 WL 7573242, 2015 U.S. Dist. LEXIS 159665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/virginia-pilot-media-companies-v-department-of-justice-vaed-2015.