Opinion
CIVIL ACTION NO. H-01-3868
July 25, 2003
SUPPLEMENTAL MEMORANDUM AND ORDER
In its Memorandum and Order entered March 31, 2003, the Court granted leave to the FBI to file a supplemental Vaughn index and accompanying affidavit to provide proper descriptions of the documents in Hodes's Declaration, Document No. 34, ex. LL, at pages 11, 22, 29, 57, 60, 72, 76, 171-72, 176, 186, 203, 229-30, 232-33, 237, 269, 307-08, 311, 317, 319, 323, 345, 349, 358-63, 365-68, 370-73, 375, and 379, together with appropriate explanations for each exemption claimed. In response, the FBI has submitted a supplemental Vaughn index, along with the declarations of Carol L. Keeley, Jack Harris, and Susie Wong. See Document No. 46; Document No. 49. After reviewing the FBI' s supplemental Vaughn index and supporting declarations, the Court finds that documents 11, 22, 57, 60, 72, 171-72, 186, 203, 229-30, 232-33, 237, 307-08, 311, 317, 319, 373, and 379 were properly withheld or redacted as protected by 5 U.S.C. § 559 (b)(7)(C) and/or 5 U.S.C. § 559 (b)(7)(D). The remaining documents listed above in the introductory sentence of this Supplemental Memorandum and Order were either released to Plaintiff in their entirety or were documents originally obtained by the FBI in redacted form from other sources. In other words, the FBI made no FOIA redactions of those documents and produced in their entirety copies of the documents as they appear in the FBI files. Hence, as to all of these, the FBI has fully released to Plaintiff its documents.
The FBI asserts that FOIA exemptions 5 U.S.C. § 559(b)(7)(C) and/or (D) apply to the documents at issue in this Supplemental Memorandum and Order. The legal basis for application of these exemptions is fully set forth in the Court's Memorandum and Order entered March 31, 2003, at pp. 30-35 ((b)(7)(C)); 38-44 ((b)(7)(D)); and 55-60 (both).
Accordingly, it is
ORDERED that Federal Defendants' Motion for Summary Judgment on Behalf of FBI, EOUSA, OPR, and Criminal Division, Department of Justice (DOJ) on FOIA Issues (Document No. 34) is now GRANTED with respect to all remaining FOIA exemptions for which summary judgment was not granted in the Court's Memorandum and Order entered March 31, 2003, and all of Plaintiff's FOIA claims against these Defendants are now DISMISSED with prejudice.
The Clerk shall notify all parties and provide them with a true copy of this Order.