Am. Civil Liberties Union v. DOJ, No. 13-7347, 2017 WL 1658780 (S.D.N.Y. May 2, 2017) (Woods, J.)

Am. Civil Liberties Union v. DOJ, No. 13-7347, 2017 WL 1658780 (S.D.N.Y. May 2, 2017) (Woods, J.)
 

Re:  Request for records concerning notice to criminal defendants and others against whom DOJ intends to use evidence derived from warrantless surveillance authorized by FISA Amendments Act

Disposition:  Granting defendants' motion for summary judgment
 

• Exemption 5, Attorney Work-Product:  "The Court finds that the declaration submitted by the DOJ in support of this request demonstrates that the documents at issue are work product, because they were created because of anticipated criminal prosecutions (i.e., litigation) in which DOJ's notice obligations under the FAA might be at issue."  Specifically, the court finds that "[defendants'] declaration demonstrates that the . . . documents [at issue] were prepared in anticipation of litigation in which DOJ's notice obligations under the FAA will potentially be at issue, and that the documents 'would not have been prepared in substantially similar form but for the prospect of that litigation.'"
   
• Litigation Considerations, "Reasonably Segregable" Requirements:  "Because the DOJ's declaration on this point demonstrates that the documents do not contain non-exempt material that is reasonably segregable, the DOJ's motion on this issue is also granted."  The court relates that "[defendants'] declarations, which as noted are accorded a presumption of good faith, attest that the documents withheld from the [plaintiff] . . . contain no reasonably segregable non-exemption information."  They also "contain exempt material that is inextricably intertwined with any non-exempt material."