SAMAHON v. FEDERAL BUREAU OF INVESTIGATION et al

Filing 58

ORDERED THAT DEFENDANTS' SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT (ECF NO. 23 ) AND SECOND SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT (ECF NO. 35 ) ARE DENIED. IT IS FURTHER ORDERED THAT PLAINTIFF'S RENEWED MOTION FOR SUMMARY JUDGMENT (ECF NO. 27 ) AND THIRD MOTION FOR SUMMARY JUDGMENT (ECF NO. 38 ) ARE GRANTED IN PART AND DENIED IN PART AS FOLLOWS: 1. THE FBI'S FAILURE TO PROVIDE PLAINTIFF WITH AN UNREDACTED VERSION OF THE DELOACH MEMORANDUM IS DECLARED UNLAWFUL; 2. THE FBI IS ORDERED TO PROMPTLY PROVIDE PLAINTIFF WITH AN UNREDACTED VERSION OF THE DELOACH MEMORANDUM; 3. THE FBI'S CATEGORICAL DENIAL OF PLAINTIFF'S REQUEST FOR FBI FILE NO. 62-HQ-110654 IS DECLARED UNLAWFUL; 4. THE FBI IS ORDERED TO REVIEW FBI FILE NO. 62-HQ-110654 AGAIN IN LIGHT ON THE COURT'S RULING AND TO RELEASE TO PLAINTIFF ANY REASONABLY SEGREGABLE, NONEXEMPT MATERIAL CONTAINED WITHIN THE FILE; 5. PLAINTIFF'S REQUEST FOR INJUNCTIVE RELIEF COMPELLING THE FBI TO PRODUCE THE ENTIRETY OF FBI FILE NO. 62-HQ-110654 IS DENIED; 6. ANY ADDITIONAL RELIEF SOUGHT UNDER THE ADMINISTRATIVE PROCEDURE ACT IS DENIED. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 8/25/2014. 8/25/2014 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TUAN SAMAHON,

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Plaintiff,
v.
FEDERAL BUREAU OF
INVESTIGATION, et al.,
Defendants.

CIVIL ACTION
NO. 12-4839

O R D E R
AND NOW, this 25th day of August, 2014, for the
reasons set forth in the accompanying memorandum, it is hereby
ORDERED that Defendants’ Supplemental Motion for Summary
Judgment (ECF No. 23) and Second Supplemental Motion for Summary
Judgment (ECF No. 35) are DENIED.
It is further ORDERED that Plaintiff’s Renewed Motion
for Summary Judgment (ECF No. 27) and Third Motion for Summary
Judgment (ECF No. 38) are GRANTED in part and DENIED in part as
follows:
1. The FBI’s failure to provide Plaintiff with an
unredacted version of the DeLoach Memorandum is
DECLARED unlawful;
2. The FBI is ORDERED to promptly provide
Plaintiff with an unredacted version of the
DeLoach Memorandum;

3. The FBI’s categorical denial of Plaintiff’s
request for FBI File No. 62-HQ-110654 is
DECLARED unlawful;
4. The FBI is ORDERED to review FBI File No. 62HQ-110654 again in light of the Court’s ruling
and to release to Plaintiff any reasonably
segregable, nonexempt material contained within
the file;
5. Plaintiff’s request for injunctive relief
compelling the FBI to produce the entirety of
FBI File No. 62-HQ-110654 is DENIED;
6. Any additional relief sought under the
Administrative Procedure Act is DENIED.

AND IT IS SO ORDERED.

/s/ Eduardo C. Robreno
EDUARDO C. ROBRENO,
J.

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