Roland v. DOJ, No. 22-1066, 2022 WL 4132498 (N.D. Ill. Sept. 12, 2022) (Kim, Mag. J.)

Roland v. DOJ, No. 22-1066, 2022 WL 4132498 (N.D. Ill. Sept. 12, 2022) (Kim, Mag. J.)

Re:  Request for records concerning alleged unlawful surveillance

Disposition:  Granting defendant’s motion to stay discovery

• Litigation Considerations, Discovery:  The court holds that “DOJ’s response to Plaintiff’s FOIA/Privacy Act request is adequate to stay discovery pending a summary judgment ruling.”  “In response to Plaintiff’s request, the DOJ released only the responsive material that was ‘appropriate for release’ . . . and explained that ‘excisions [were] made pursuant to [FOIA] Exemptions 6 and 7(C).’”  “Plaintiff has not demonstrated any bad faith or unreasonableness by the DOJ, nor has he demonstrated a need for discovery before briefing the issue of whether the DOJ is entitled to summary judgment.”  “Permitting discovery at this time would essentially allow Plaintiff to circumvent the merits of the DOJ’s FOIA response because he could request the same documents in discovery that he seeks pursuant to his FOIA and Privacy Act claims.”