Nguyen v. Federal Bureau of Investigation

District of Columbia, dcd-1:2004-cv-00018

MEMORANDUM accompanying final order issued separately this day. Signed by Judge Richard W. Roberts on 10/19/06.

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________) THANG NGUYEN,)) Plaintiff,)) v.) Civil Action No. 04-0018 (RWR)) FEDERAL BUREAU OF INVESTIGATION,))) Defendant.) __________________________________________) MEMORANDUM In response to the Order of August 28, 2006, defendant has filed the Third Declaration of David M. Hardy ("Third Hardy Decl.") to explain its withholding of a credit profile and a sealed court order identified as documents responsive to plaintiff's request under the Freedom of Information Act, 5 U.S.C. § 552. The issue concerning the credit profile is moot because defendant has released an unredacted copy of the document to plaintiff. Third Hardy Decl. ¶ 6. Defendant "contacted and confirmed" with the United District Court for the Western District of New York that the order concerning "the receipt of information about a third party informant and a third party company" remains sealed. Id. ¶ 7. The order "only allows the FBI to retain a copy, the FBI has no discretion to release the records." Id. Defendant's "lawful obedience of an injunction issued by a federal district court with jurisdiction to enter such a decree" deprives the FOIA court of jurisdiction because no improper withholding has occurred. GTE Sylvania, Inc. v. Consumers Union of United States, Inc., 445 U.S. 375, 387 (1980); see accord Morgan v. U.S. Dep't. of Justice, 923 F.2d 195, 198 (D.C. Cir. 1991) ("If the [agency] obtains a clarifying order stating that the seal prohibits disclosure, the [agency] is obviously entitled to summary judgment."). A separate Order entering judgment for defendant on all claims accompanies this Memorandum. _________/s/_______________ RICHARD W. ROBERTS DATE: October 19, 2006 United States District Judge 2