Charles Seife v. U.S. Department of State

Justia Dockets & Filings Second Circuit New York Southern District Charles Seife v. U.S. Department of State

Charles Seife v. U.S. Department of State

Plaintiff:	Charles Seife
Defendant:	U.S. Department of State
Case Number:	1:2016cv07140
Filed:	September 13, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Gregory H. Woods
Nature of Suit:	Freedom of Information Act
Cause of Action:	05 U.S.C. § 552
Jury Demanded By:	None

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Date Filed	Document Text
March 6, 2019	Filing 65 MEMORANDUM OPINION AND ORDER re: 48 MOTION for Summary Judgment filed by U.S. Department of State, 52 CROSS MOTION for Summary Judgment filed by Charles Seife. For the reasons stated above, Plaintiffs motion for sum mary judgment is DENIED, and the State Department's motion for summary judgment is GRANTED IN PART and DENIED IN PART. For the avoidance of doubt, the Court provides the following summary of the outcome of Defendant's motion for summary judgment: REQUEST F-2014-12997: Summary judgment is granted in favor of the State Department as to the search for State-Department produced transcripts, and denied as to the search for non-State-Department-Produced-Transcripts. Exemption 5: Summar y judgment is granted in favor of the State Department as to all applications of Exemption 5 in the Revised Vaughn Index, except for Categories 5 (subject to footnote nine, above), 13, and 18 for which summary judgment is denied. Exemption 6: Summ ary judgment is granted in favor of the State Department, except as to the individual discussed in footnote four of the Fourth Declaration of Eric F. Stein. The remaining issues are discrete, and the Court expects that they may be resolved by conf erral amongst the parties. The Court directs the parties to so confer, and to submit a joint status letter to the Court describing what, if any, issues remain in this case no later than three weeks following the date of this opinion and order. The Clerk of Court is directed to terminate the motions pending at docket numbers 48 and 52. SO ORDERED. (Signed by Judge Gregory H. Woods on 3/6/2019) (anc)
March 26, 2018	Filing 40 MEMORANDUM OPINION AND ORDER re: 27 MOTION for Summary Judgment filed by U.S. Department of State, 30 CROSS MOTION for Summary Judgment filed by Charles Seife. For the reasons stated above, the State Depart ment's motion for summary judgment is GRANTED IN PART and DENIED IN PART without prejudice. Mr. Seife's cross-motion is DENIED. The denial of the Mr. Seife's motion is without prejudice to the extent that the motion challenges the State Department's response to the 12997 request, the withholding of documents and information under Exemption 5, and the withholding of the identities of the background briefers under Exemption 6. The State Department is directed to s ubmit revised Vaughn submissions addressing the State Department's response to the 12997 request, the information and document claimed exempt under Exemption 5, the identities of background briefers claimed exempt under Exemption 6, as w ell as a segregability analysis addressing the Category 15 document, along with a renewed motion for partial summary judgment no later than April 30, 2018. Mr. Seife may file a renewed cross-motion for summary judgment with respect to the State Department's response to the 12997 request and its withholding of information and documents under Exemptions 5 and 6 no later than thirty (30) days from the date of service of the State Department's renewed motion. Any oppositions to the motion(s) for summary judgment are due no later than twenty-one (21) days following service of the motions, and any replies are due no later than fourteen (14) days following service of the oppositions. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 27 and 30. (Signed by Judge Gregory H. Woods on 3/24/2018) (mro)

Date Filed

Document Text

March 6, 2019

Filing 65 MEMORANDUM OPINION AND ORDER re: 48 MOTION for Summary Judgment filed by U.S. Department of State, 52 CROSS MOTION for Summary Judgment filed by Charles Seife. For the reasons stated above, Plaintiffs motion for sum mary judgment is DENIED, and the State Department's motion for summary judgment is GRANTED IN PART and DENIED IN PART. For the avoidance of doubt, the Court provides the following summary of the outcome of Defendant's motion for summary judgment: REQUEST F-2014-12997: Summary judgment is granted in favor of the State Department as to the search for State-Department produced transcripts, and denied as to the search for non-State-Department-Produced-Transcripts. Exemption 5: Summar y judgment is granted in favor of the State Department as to all applications of Exemption 5 in the Revised Vaughn Index, except for Categories 5 (subject to footnote nine, above), 13, and 18 for which summary judgment is denied. Exemption 6: Summ ary judgment is granted in favor of the State Department, except as to the individual discussed in footnote four of the Fourth Declaration of Eric F. Stein. The remaining issues are discrete, and the Court expects that they may be resolved by conf erral amongst the parties. The Court directs the parties to so confer, and to submit a joint status letter to the Court describing what, if any, issues remain in this case no later than three weeks following the date of this opinion and order. The Clerk of Court is directed to terminate the motions pending at docket numbers 48 and 52. SO ORDERED. (Signed by Judge Gregory H. Woods on 3/6/2019) (anc)

March 26, 2018

Filing 40 MEMORANDUM OPINION AND ORDER re: 27 MOTION for Summary Judgment filed by U.S. Department of State, 30 CROSS MOTION for Summary Judgment filed by Charles Seife. For the reasons stated above, the State Depart ment's motion for summary judgment is GRANTED IN PART and DENIED IN PART without prejudice. Mr. Seife's cross-motion is DENIED. The denial of the Mr. Seife's motion is without prejudice to the extent that the motion challenges the State Department's response to the 12997 request, the withholding of documents and information under Exemption 5, and the withholding of the identities of the background briefers under Exemption 6. The State Department is directed to s ubmit revised Vaughn submissions addressing the State Department's response to the 12997 request, the information and document claimed exempt under Exemption 5, the identities of background briefers claimed exempt under Exemption 6, as w ell as a segregability analysis addressing the Category 15 document, along with a renewed motion for partial summary judgment no later than April 30, 2018. Mr. Seife may file a renewed cross-motion for summary judgment with respect to the State Department's response to the 12997 request and its withholding of information and documents under Exemptions 5 and 6 no later than thirty (30) days from the date of service of the State Department's renewed motion. Any oppositions to the motion(s) for summary judgment are due no later than twenty-one (21) days following service of the motions, and any replies are due no later than fourteen (14) days following service of the oppositions. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 27 and 30. (Signed by Judge Gregory H. Woods on 3/24/2018) (mro)

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Plaintiff: Charles Seife
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Defendant: U.S. Department of State
Represented By:	Dominika Natalia Tarczynska
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