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Keywords

plaintiffdefendantattorneyinjunctionmotionsummary judgmentleasemotion for summary judgment
plaintiffdefendantdiscoveryinjunctionverdictaffidavitpleamotionsummary judgmentwillmotion for summary judgment

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Rad v. Attorney Gen. of U.S.

Facts

Plaintiff Christopher Rad was convicted of securities fraud and subsequently submitted two FOIA requests to the United States Attorney's Office seeking records related to his criminal case. After filing suit due to the Defendant's failure to respond within the statutory timeframe, the Defendant forwarded the requests to the Executive Office for United States Attorneys, which provided some records but withheld others under FOIA exemptions. The Plaintiff then filed a motion for a preliminary injunction to compel the release of the withheld documents.

On November 30, 2012, Plaintiff was convicted [*2] of six counts arising from a securities fraud scheme. (See United States v. Rad, Cr. No. 11-0161, Jury Verdict, ECF No. 68). On or about February 5, 2015, Defendant received two Freedom of Information Act ('FOIA') requests from Plaintiff. (Decl. of Princina Stone ('Stone Decl.') at 6, ECF No. 35-10). Plaintiff sought a variety of records related to his criminal case. (FOIA Requests, Exs. A and B, ECF No. 35-11). On April 6, 2015, Plaintiff filed suit against Defendant, alleging that Defendant had failed to respond to his FOIA requests within twenty days. (Pl.'s Compl. at 7, ECF No. 1).

Issue

The main legal issues were whether the Defendant was entitled to summary judgment regarding the adequacy of its search and the justification for withholding certain documents under FOIA exemptions, and whether the Plaintiff was entitled to a preliminary injunction.

The main legal issues were whether the Defendant was entitled to summary judgment regarding the adequacy of its search and the justification for withholding certain documents under FOIA exemptions, and whether the Plaintiff was entitled to a preliminary injunction.

Rule

Summary judgment is appropriate if there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. Under FOIA, agencies must perform searches reasonably calculated to uncover all relevant documents and justify any withholding of documents under specific exemptions.

Summary judgment is appropriate if the record shows 'that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.' Fed. R. Civ. P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S. Ct. 2548, 91 L. Ed. 2d 265 (1986). In deciding a motion for summary judgment, a district court considers the facts drawn from 'the pleadings, the discovery and disclosure materials, and any affidavits' and must 'view the inferences to be drawn from the underlying facts in the light most favorable to the party opposing the motion.' Fed. R. Civ. P. 56(c); Curley v. Klem, 298 F.3d 271, 276-77 (3d Cir. 2002) (internal quotations omitted).

Analysis

The court analyzed the Defendant's claims for summary judgment and found that while the search for documents was adequate, the Defendant did not sufficiently justify the withholding of certain documents. The court noted that the Defendant's Vaughn index was not detailed enough to allow for a proper evaluation of the exemptions claimed. Additionally, the Plaintiff's arguments for a preliminary injunction were not persuasive, as the court found that some of the records sought were likely covered by FOIA exemptions.

In this case, Defendant details the thorough search it conducted to uncover documents responsive to Plaintiff's FOIA requests, and Plaintiff does not challenge the adequacy of Defendant's search. (See Pl.'s Br., ECF No. 42; Def.'s Br. at 10-12, ECF No. 35-5). Based on Defendant's supporting declarations describing the search, it appears that the search was reasonably calculated to reveal all relevant documents, thus fulfilling one of FOIA's requirements. However, Defendant fails to carry its burden on the next FOIA requirement, namely that it provide a 'clear explanation of why each document or portion of a document withheld is putatively exempt from disclosure.' Hinton, 844 F.2d at 129.

Conclusion

The court denied the Defendant's motion for summary judgment without prejudice and also denied the Plaintiff's motion for a preliminary injunction, concluding that the Plaintiff had not met the necessary burden to warrant such relief.

For the reasons discussed above, [*11] Defendant's motion for summary judgment will be denied without prejudice, and Plaintiff's motion for a preliminary injunction will also be denied.

Who won?

Neither party prevailed as both motions were denied. The court found that the Defendant's search was adequate but failed to justify the withholding of documents, while the Plaintiff did not demonstrate a likelihood of success on the merits for the preliminary injunction.

Neither party prevailed as both motions were denied. The court found that the Defendant's search was adequate but failed to justify the withholding of documents, while the Plaintiff did not demonstrate a likelihood of success on the merits for the preliminary injunction.

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