Case 0:12-cv WJZ Document 7 Entered on FLSD Docket 12/13/2012 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Similar documents
Case 0:12-cv WJZ Document 5 Entered on FLSD Docket 11/19/2012 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 0:12-cv WJZ Document 47 Entered on FLSD Docket 08/07/2013 Page 1 of 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 0:12-cv WJZ Document 97 Entered on FLSD Docket 11/27/2017 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 0:12-cv WJZ Document 52 Entered on FLSD Docket 09/27/2013 Page 1 of 6 IN THE UNITED STATE DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 0:12-cv WJZ Document 6 Entered on FLSD Docket 12/03/2012 Page 1 of 18 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 1:14-cv KMW Document 24 Entered on FLSD Docket 04/10/2015 Page 1 of 9

Case 1:14-cv KMW Document 14 Entered on FLSD Docket 09/08/2014 Page 1 of 7

Case 0:12-cv WJZ Document 60 Entered on FLSD Docket 04/04/2014 Page 1 of 23 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 1:17-cv DPG Document 3 Entered on FLSD Docket 08/04/2017 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 1:13-cv BB Document 42 Entered on FLSD Docket 05/18/2016 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

Case 1:11-cv MGC Document 81 Entered on FLSD Docket 09/21/2011 Page 1 of 6

Case 0:16-cv WJZ Document 31 Entered on FLSD Docket 08/18/2016 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

No IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. EDWARD TUFFLY, AKA Bud Tuffly, Plaintiff-Appellant,

Case 1:12-cv JAL Document 96 Entered on FLSD Docket 03/05/2013 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

No CONSOLIDATED WITH Nos & IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT H. RAY LAHR, Plaintiff-Appellee,

Case 9:15-cv KAM Document 37 Entered on FLSD Docket 06/03/2015 Page 1 of 7

Case 0:17-cv BB Document 89 Entered on FLSD Docket 07/19/2018 Page 1 of 4

Case 0:13-cv MGC Document 1 Entered on FLSD Docket 12/05/2013 Page 1 of 8

Case 9:03-cv KAM Document 2795 Entered on FLSD Docket 01/17/2014 Page 1 of 8

Case 9:14-cv DMM Document 118 Entered on FLSD Docket 09/17/2014 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

Case 0:18-cv FAM Document 1 Entered on FLSD Docket 03/19/2018 Page 1 of 5

Case 9:03-cv KAM Document 2926 Entered on FLSD Docket 09/19/2014 Page 1 of 2

Case 1:12-cv JAL Document 93 Entered on FLSD Docket 02/19/2013 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 9:16-cr RLR Document 91 Entered on FLSD Docket 03/03/2017 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA. Case No.:

Case 9:03-cv KAM Document 3045 Entered on FLSD Docket 02/12/2016 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 1:12-cv MGC Document 155 Entered on FLSD Docket 02/13/2013 Page 1 of 8

Case 1:16-cv FAM Document 36 Entered on FLSD Docket 03/29/2016 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 1:14-cv APM Document 24 Filed 03/10/16 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) )

Natarajan Venkataram v. Office of Information Policy

considering appointing, pursuant to Federal Rule of Civil

Case 1:17-cv Document 1 Filed 06/18/17 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:11-cv MGC Document 78 Entered on FLSD Docket 08/15/2011 Page 1 of 8

Case 9:17-cv KAM Document 10 Entered on FLSD Docket 04/25/2017 Page 1 of 6

Case 9:18-cv RLR Document 1 Entered on FLSD Docket 05/14/2018 Page 1 of 8

Case 0:17-cv UU Document 110 Entered on FLSD Docket 01/17/2018 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

Case 0:17-cv BB Document 42 Entered on FLSD Docket 05/05/2017 Page 1 of 6. Case No. 0:17-cv BB RICHARD WIGGINS,

FOIA Exemptions 6 & 7C Personal Privacy Exemptions

Case 0:16-cv BB Document 29 Entered on FLSD Docket 09/21/2016 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 4:17-cv JLK Document 29 Entered on FLSD Docket 02/13/2018 Page 1 of 5

Case 1:11-mc MGC Document 1 Entered on FLSD Docket 07/07/2011 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

PlainSite. Legal Document. Florida Southern District Court Case No. 1:13-cv Lardner v. Diversified Consultants, Inc. Document 42.

Case 1:17-cv RC Document 8 Filed 09/25/17 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO CR-ZLOCH/ROSENBAUM CASE NO CR-ZLOCH/ROSENBAUM

Case 1:04-cv LTB-OES Document 33 Filed 02/03/2006 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case 0:13-cv JIC Document 16 Entered on FLSD Docket 01/24/2013 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO CIV RYSKAMP/VITUNAC

Case 2:11-cv JEM Document 38 Entered on FLSD Docket 04/18/2011 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 1:13-cv JIC Document 100 Entered on FLSD Docket 03/07/2014 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 1:12-cv WJZ Document 68 Entered on FLSD Docket 09/20/2012 Page 1 of 7

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION No GOLD/MCALILEY (and consolidated cases)

Case 1:16-cv CMA Document 43 Entered on FLSD Docket 09/02/2016 Page 1 of 9

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA. Case No.: CIV-ALTONAGA/Turnoff

Case 9:18-cv DMM Document 40 Entered on FLSD Docket 07/16/2018 Page 1 of 8

Case 1:11-cv JEM Document 60 Entered on FLSD Docket 06/22/2011 Page 1 of 8

Case 1:17-cv VSB Document 30 Filed 03/11/19 Page 1 of 20. : : Plaintiff, : : : : Defendant. :

Case 9:15-cv JIC Document 75 Entered on FLSD Docket 12/07/2016 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 1:16-cv CMA Document 296 Entered on FLSD Docket 05/09/2017 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 1:12-cv WJZ Document 107 Entered on FLSD Docket 10/03/2012 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Case 0:16-cv WPD Document 29 Entered on FLSD Docket 02/07/2017 Page 1 of 4

Case 1:09-cv FM Document 26 Filed 10/13/10 Page 2 of 17 I. Background The relevant facts are undisputed. (See ECF No. 22 ( Times Reply Mem. ) at

Case 0:17-cv JJO Document 85 Entered on FLSD Docket 05/14/2018 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION. Case No. 5:07-CV-231

Case AJC Doc 303 Filed 03/19/19 Page 1 of 10 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION

Case 1:12-cv JAL Document 9 Entered on FLSD Docket 03/21/2012 Page 1 of 11 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 1:16-cv DPG Document 509 Entered on FLSD Docket 12/06/2018 Page 1 of 9

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION

Case 1:16-cv RC Document 14 Filed 09/27/17 Page 1 of 13

Case 0:14-cv WJZ Document 4 Entered on FLSD Docket 05/30/2014 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 2:18-cv KJD-CWH Document 7 Filed 12/26/18 Page 1 of 7

Case 1:12-cv BAH Document 8-1 Filed 07/24/12 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 9:16-cv KAM Document 23 Entered on FLSD Docket 07/24/2017 Page 1 of 13 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS CIVIL DIVISION. v. CASE NO.: COMPLAINT

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Thurgood Marshall U.S. Courthouse 40 Foley Square, New York, NY Telephone:

Case 1:16-cv CMA Document 126 Entered on FLSD Docket 01/30/2017 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 0:14-cv WPD Document 28 Entered on FLSD Docket 09/05/2014 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 1:10-cv RMU Document 8 Filed 04/15/10 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:12-cv WJZ Document 59 Entered on FLSD Docket 09/17/2012 Page 1 of 5

Case 0:17-cv WPD Document 16 Entered on FLSD Docket 12/11/2017 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 1:04-cv ASG Document 656 Entered on FLSD Docket 07/09/2012 Page 1 of 12

Case 0:11-cv RNS Document 149 Entered on FLSD Docket 05/22/2014 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 1:11-cv MGC Document 14 Entered on FLSD Docket 06/17/2011 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO CIV-COHN/SELTZER ORDER GRANTING IN PART DEFENDANTS MOTION TO TAX COSTS

Case 1:18-cv ABJ Document 19 Filed 02/13/18 Page 1 of 4 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. Plaintiff, Defendants.

FOIA Exemptions 6 & 7C Personal Privacy Exemptions

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA. CASE NO.: Civ-Martinez

Case 1:09-cv KMM Document 102 Entered on FLSD Docket 08/27/2010 Page 1 of 20 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

NOTICE OF FILING REVISED PROPOSED ORDER ON MOTION TO AMEND COMPLAINT (DE61)

Case 1:06-cv CKK Document 31 Filed 05/18/09 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:15-cv MGC Document 48 Entered on FLSD Docket 08/01/2016 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 0:16-cv WPD Document 64 Entered on FLSD Docket 01/19/2017 Page 1 of 11 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 2:10-cv RLH -PAL Document 29 Filed 12/02/10 Page 1 of 8

Case 1:12-cv WJZ Document 11 Entered on FLSD Docket 07/12/2012 Page 1 of 9

Case 1:16-cv CMA Document 319 Entered on FLSD Docket 06/19/2017 Page 1 of 6

Case AJC Doc 327 Filed 04/19/19 Page 1 of 22 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION

Case 3:01-cv AWT Document 143 Filed 03/26/2008 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT : : : : : : :

Case 1:12-cv RC Document 1 Filed 11/08/12 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Transcription:

Case 0:1-cv-61735-WJZ Document 7 Entered on FLSD Docket 1/13/01 Page 1 of 5 BROWARD BULLDOG, INC., a Florida corporation not for profit, and DAN CHRISTENSEN, founder, operator and editor of the BrowardBulldog.com website, vs. Plaintiffs, U.S. DEPARTMENT OF JUSTICE and FEDERAL BUREAU OF INVESTIGATION, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 1-61735-CIV-ZLOCH Defendants. / DEFENDANTS REPLY TO PLAINTIFFS MEMORANDUM IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS COMPLAINT Defendants, U.S. Department of Justice (DOJ), and its component, Federal Bureau of Investigation (FBI), respectfully reply as follows to plaintiffs memorandum opposing defendants motion to dismiss plaintiffs Complaint without prejudice for failure to comply with FED. R. CIV. P. 8. Plaintiffs argue that their Complaint should not be dismissed because it consists of only one count and only 5 pages, unlike the more lengthy multi-count shotgun pleadings typically dismissed by the courts. However, the requirements of FED. R. CIV. P. 8 are not limited to multi-

Case 0:1-cv-61735-WJZ Document 7 Entered on FLSD Docket 1/13/01 Page of 5 1 count complaints or to complaints that exceed a specific page limit. Plaintiffs 5-page single-count Complaint is not short and plain as required by FED. R. CIV. P. 8. Plaintiffs argue that the allegations regarding Broward Bulldog, Inc., are necessary to allege that it is a corporation of respected journalists. However, corporations and journalists have no more entitlement to records or information under FOIA than any other member of the public, even an individual seeking information for his own personal use. See U.S. Dept. of Justice v. Reporters Committee for Freedom of Press, 489 U.S. 749, 771 (1989). Plaintiffs also contend that their allegations are necessary to show a public interest in the records they are seeking. As indicated in defendants motion to dismiss, a general public interest in the subject matter of the request is not the type of public interest which is considered in determining whether information about private individuals should be disclosed. See Id. at 775; National Archives & Records Admin. v. Favish, 541 U.S. 157, 17 (004); Schrecker v. Department of Justice, 349 F.3d 657, 661 (D.C. Cir. 003). While plaintiffs Complaint includes allegations regarding individuals, it is defendants position that the only request for which plaintiffs have exhausted their administrative remedies is their request for records concerning investigation of activities at 44 Escondito Circle, near Sarasota, Florida. See plaintiff s Complaint [D.E. 1], exhibits 4, 10. In fact, plaintiffs indicated explicitly that they were not seeking information concerning individuals. See plaintiffs Complaint [D.E. 1], exhibits 4, 9. Despite this, records or information responsive to the request, if any, may 1 Although there is no specific page limitation on the length of complaints, S.D. Fla. Local Rule 56.1 provides that statements of fact filed in support of or opposition to a motion for summary judgment be limited to no more than ten (10) pages in length. Thus, plaintiffs Complaint is two and a half times the page limit considered adequate under the Local Rules to state facts sufficient to support or oppose summary judgment.

Case 0:1-cv-61735-WJZ Document 7 Entered on FLSD Docket 1/13/01 Page 3 of 5 pertain to individuals and may be exempt from disclosure pursuant to FOIA s privacy-based exemptions. The allegations which plaintiffs contend are necessary to their claim contain numerous alleged statements made in books, articles, reports, internet publications, and other publications or public records, including comments and opinions. Media reports, speculation, and opinion do not constitute facts for purposes of establishing that there is a public interest under FOIA in requested records. See National Archives & Records Admin. v. Favish, 541 U.S. 157, 174 (003)(finding that a FOIA requester s beliefs or suspicions that a government official acted improperly in the performance of his duties are not sufficient to show that there is a public interest in disclosing records for purposes of establishing the alleged impropriety or misconduct); U.S. Dep t of State v. Ray, 50 U.S. 164, 179 (1991)( mere speculation about hypothetical public benefits cannot outweigh a demonstrably significant invasion of privacy ); Manna v. U.S. Dep t of Justice, 51 F.3d 1158, 1166 (3rd Cir. 1995), cert. denied, 516 U.S. 975(1995)(upholding district court s finding of no public interest in disclosure of records based on speculation of government misconduct during criminal prosecution). Moreover, as indicated in defendants motion, many of the allegations in the Complaint pertain to named individuals. Defendants should not be required to respond to allegations which Plaintiffs are asserting that there was a connection between 9/11 and the residence at 44 Escondito Circle, near Sarasota, Florida. Defendants counsel has advised plaintiffs counsel that FBI has located no records pertaining to an investigation of activities at 44 Escondito Circle. The FBI informed plaintiffs, in response to their request, that it had received calls regarding this address but that [a]t no time during the course of its investigation of the attacks, known as the PENTTBOM investigation, did the FBI develop credible evidence that connected the address at 44 Escondido [sic] Circle, Sarasota, Florida to any of the 9/11 hijackers. Complaint [D.E. 1], exhibit 8. 3

Case 0:1-cv-61735-WJZ Document 7 Entered on FLSD Docket 1/13/01 Page 4 of 5 concern information pertaining to private individuals which may be exempt from disclosure under FOIA s privacy-based provisions, Exemptions 6 and 7(C), 5 U.S.C. 55(b)(6) and (b)(7)(c). As indicated by the case law cited in defendants motion, courts have the power to enforce the requirements of FED. R. CIV. P. 8. Defendants are requesting that the Court require plaintiffs to comply with FED. R. CIV. P. 8 in order to proceed with this action. Dated: December 13, 01 Miami, Florida Respectfully submitted, WIFREDO A. FERRER UNITED STATES ATTORNEY By: s/ Carole M. Fernandez CAROLE M. FERNANDEZ Assigned No. A5500016 E-mail: Carole.Fernandez@usdoj.gov 99 N.E. 4th Street, Suite 300 Miami, Florida 3313 Tel: (305) 961-9333 Fax: (305) 530-7139 Counsel for Defendants, U.S. Department of Justice and Federal Bureau of Investigation 4

Case 0:1-cv-61735-WJZ Document 7 Entered on FLSD Docket 1/13/01 Page 5 of 5 Certificate of Service I HEREBY CERTIFY that, on December 13, 01, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. s/ Carole M. Fernandez CAROLE M. FERNANDEZ Thomas R. Julin, Esq. Patricia Acosta, Esq. Hunton & Williams LLP 1111 Brickell Avenue, Suite 500 Miami, Florida 33131 Tel: (305) 810-516 E-mail: tjulin@hunton.com Counsel for Plaintiffs, Broward Bulldog, Inc., and Dan Christensen service by notice generated by CM/ECF SERVICE LIST Carole M. Fernandez E-mail: Carole.Fernandez@usdoj.gov 99 N.E. 4th St., Suite 300 Miami, Florida 3313 Tel: (305) 961-9333 Fax: (305) 530-7139 Counsel for Defendants, U.S. Department of Justice and Federal Bureau of Investigation service by notice generated by CM/ECF 5