WIDI v. MCNEIL et al

Filing 289

ORDER dismissing without prejudice 277 Motion to Dismiss Count XVIII of the Second Amended Complaint. By JUDGE JOHN A. WOODCOCK, JR. (MFS)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
DAVID J. WIDI, JR.,
Plaintiff,
v.
PAUL MCNEIL, et al.,
Defendants.

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2:12-cv-00188-JAW

ORDER DISMISSING MOTION TO DISMISS
On February 24, 2015, the Bureau of Alcohol, Tobacco, and Firearms (ATF),
the Executive Office of the United States Attorney (EOUSA), and the Office of
Information Policy (OIP) moved to dismiss Count XVIII of the Second Amended
Complaint in this case on the ground that these Defendants had released all nonexempt information under the Freedom of Information Act and the Privacy Act and
therefore Count XVIII was moot. Mot. to Dismiss Count XVIII of the Second Amended
Compl. (ECF No. 277). David Widi answered on March 27, 2015, objecting to the
dismissal because some of the produced documents had been redacted and some
requested documents had not been produced. Objection to Mot. to Dismiss Count
XVIII of the Second Amended Compl. Mr. Widi says that the proper procedure is for
the Defendants to file a so-called Vaughn index, which includes a general description
of each document or each portion of each document and allows the court to review the
legality of the agency’s withholding. Id. at 12-13. In reply, the Defendants agree to
supply the Court with a Vaughn index and to file a motion for summary judgment by

June 15, 2015. Reply to Pl.’s Objection to Defs.’ Mot. to Dismiss Count XVIII of the
Second Amended Compl. at 2-3 (ECF No. 287). They agree that the Court should
dismiss the pending motion. Id.
Upon motion of Defendants ATF, EOUSA, and OIP, the Court DISMISSES
without prejudice its Motion to Dismiss Count XVIII of the Second Amended
Complaint (ECF No. 277) and ORDERS Defendants ATF, EOUSA, and OIP to file a
so-called Vaughn Index and motion for summary judgment no later than June 15,
2015.
SO ORDERED.
/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
UNITED STATES DISTRICT JUDGE
Dated this 13th day of April, 2015

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