Buckley v. DOJ, No. 19-319, 2023 WL 6304719 (W.D.N.Y. Sept. 28, 2023) (Foschio, Mag. J.)

Buckley v. DOJ, No. 19-319, 2023 WL 6304719 (W.D.N.Y. Sept. 28, 2023) (Foschio, Mag. J.)

Re:  Request for records concerning two-year investigation

Disposition:  Granting remainder of defendant’s motion for summary judgment

• Exemption 3; Exemption 6; Exemption 7(C); Exemption 7(E):  The court relates that “the [court] granted in part and denied in part both Defendant’s and Plaintiff’s Motions, and also ordered Defendant to file additional documentation permitting the court to determine whether Defendant properly asserted FOIA Exemption 3 to support Defendant’s withholding of information on [one page].”  “[U]pon re-reviewing the processing and application of exemptions asserted for [the one page at issue] in the Vaughn Index, the FBI removed the application of both FOIA Exemption 3, and FOIA Exemption 7(E)-10, thereby allowing the FBI to release a further portion of [the page at issue].”  “[Defendant’s declarant], however, further avers that information on [the one page] remains redacted as subject to Exemptions 7(E)-6 and 7(E)-8, as well as Exemptions 6 and 7(C) which still apply.”  The court finds that “[i]n the [Decision and Order], the undersigned affirmed Defendant’s assertion of Exemptions 6, 7(C), and 7(E)-6 and 8.”  “Accordingly, this information redacted on [the one page at issue] pursuant to Exemptions 6, 7(C), and 7(E)-6 and 8 remains exempt from disclosure.”

• Attorney Fees:  The court relates that, “[w]ith the entry of this Decision and Order, the only remaining issues to be decided in this matter are whether Plaintiff has substantially prevailed in this action and is thus entitled to an award of attorney fees as requested.”  “Plaintiff is thus ordered to show he has substantially prevailed in this FOIA action and is entitled to an award of costs, including attorney fees, incurred in connection with this action within twenty (20) days of this Decision and Order, after which Defendant shall file any response within ten (10) days.”