Truthout

Truthout v. Depatment of Justice

Good Law
20 F. Supp. 3d 760·2014 WL 1794449·2014 U.S. Dist. LEXIS 62607
United States District Court, Eastern District of CaliforniaMay 6, 2014No. CIV. S-12-2601 LKK/CKDCalifornia3,209 words

Opinion

Lead Opinion

Karlton, J.

ORDER

Plaintiff Truthout sues the U.S. Department of Justice (“DOJ”) under the Freedom of Information Act, 5 U.S.C. § 552 (“FOIA”), seeking the release of certain records withheld by the agency in response to a FOIA request.

The DOJ has moved for summary judgment in its favor, lodging with the court the in camera, ex parte declaration of one David Hardy in support. To date, only a redacted copy of this declaration has been filed on the court’s publicly-accessible electronic docket. Truthout, in turn, has moved the court to order the declaration either stricken or filed publicly.

This matter has been decided on the papers submitted. For the reasons set forth below, the court will deny Truthout’s motion to either strike Hardy’s declaration or order it publicly-filed. Further, based on its review of the declaration, the court will grant the DOJ’s motion for summary judgment.

I. BACKGROUND

A. Factual Background

The following facts are taken from the operative complaint. (ECF No. 1.)

1. Initial FOIA request

Truthout is a nonprofit organization organized under the laws of California. (Complaint ¶ 3.) On April 12, 2011, Truth-out submitted a FOIA request to the Fed *763 eral…

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