Schultz

MEMORANDUM OPINION AND ORDER ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND RELATED ORDERS

This is an action pursuant to the Freedom of Information Act, 5 U.S.C. § 552 et seq. (“FOIA”) by plaintiff Michael F. Schultz (“Plaintiff’) against defendants Federal Bureau of Investigation (“FBI”), Drug Enforcement Administration (“DEA”), United States Marshals Service (“MS”) and the United States Department of Justice (“DOJ”) (collectively, “Defendants”). In a prior memorandum 'opinion and order, the court granted Defendants’ motion for summary judgment as to Plaintiffs claims under the federal Privacy Act as to all Defendants, but denied summary judgment as to Plaintiffs claim under FOIA against all Defendants. Doc. # 86. Currently before the court are two motions; a motion for summary judgment by Defendants and a motion to stay the motion for summary judgment and order production of a Vayghn index by Plaintiff. At issue in both motions is the burden a defendant must meet in demonstrating that the material requested by a plaintiff in a FOIA action is properly exempted from disclosure. For the reasons that follow, the court will deny Defendants’ motion for summary judgment without…