Voinche v. Federal Bureau of Investigation

District of Columbia, dcd-1:2004-cv-01824

ORDER granting in part and denying in part defendant's motion {{23}} for summary judgment; denying plaintiff's motion {{26}} for summary judgment; granting defendant's motions [13, 15, 16, 18, 28] to amend the briefing schedule nunc pro tu nc; denying plaintiff's motion {{19}} for leave to seek discovery; denying plaintiff's motions [14, 22, 24, 25, 30] to compel. Defendant shall submit to this Court, within thirty (30) days, additional information supporting its assertion of FOIA Exemption 7(E).Signed by Judge Royce C. Lamberth on 01-24-06.

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________) WOODY VOINCHE,)) Plaintiff,)) v.) Civ. Action No. 04-1824 (RCL)) FEDERAL BUREAU OF INVESTIGATION,)) Defendant.) __________________________________________) ORDER Upon consideration of the defendant FBI's motion [23] for summary judgment, the plaintiff Voinche's cross-motion [26] for summary judgment, the defendant's motions [13, 15, 16, 18, 28] to amend the briefing schedule, the plaintiff's motion [19] for leave to seek discovery, and the plaintiff's motions [14, 22, 24, 25, 30] to compel non-parties to respond to interrogatories, it is, for the reasons stated in an accompanying Memorandum Opinion, hereby ORDERED that FBI's motion [23] for summary judgment is DENIED without prejudice as to its renewal as to the FBI's assertion of FOIA Exemption 7(E), and GRANTED in all other respects; it is further ORDERED that the FBI submit to this Court, within thirty (30) days, additional information supporting its assertion of FOIA Exemption 7(E) to withhold three pages of documents from the plaintiff. This information should consist of a satisfactory Vaughn index and a proper segregability analysis, which would allow this Court to reasonably evaluate the FBI's assertion of Exemption 7(E). In the alternative, the FBI will have to release the pages withheld pursuant to Exemption 7(E) to the plaintiff. Upon motion, if the FBI maintains that it cannot provide any more information about the withheld pages than it already has, this Court will consider permitting the FBI to submit the withheld pages for an in camera review. It is further ORDERED that Voinche's motion [26] for summary judgment is DENIED without prejudice to its renewal with regard to the FBI's claim of Exemption 7(E) and DENIED with prejudice in all other respects; it is further ORDERED that FBI's motions [13, 15, 16, 18, 28] to amend the briefing schedule are GRANTED nunc pro tunc; it is further ORDERED that Voinche's motion [19] for leave to seek discovery is DENIED; it is further ORDERED that Voinche's motions [14, 22, 24, 25, 30] to compel are DENIED. SO ORDERED. Signed by Royce C. Lamberth, United States District Judge, January 24, 2006. 2