Frankenberry v. Federal Bureau of Investigation et al

Filing 108

ORDER re 107 Memorandum (Order to follow as separate docket entry) IT IS HEREBY ORDERED that:(1)The Magistrate Judges Report and Recommendation (Doc. 100) is ADOPTED in part and REJECTED in part.(a)The recommendations that Defendants provided pro per disclosures with respect to documents asserting the (b)(7)(E)-2 exemption, that the information withheld pursuant to the (b)(2)-1 and (b)(2)-3 exemptions was properly withheld pursuant to the alternatively asserted (b)(7)(E)-1 and (b)(7)(E)-3 exe mptions, and that Defendants provided sufficient information to assert the (b)(7)(D)-1 exemption are ADOPTED. (b)The recommendation that Defendants be required to make supplemental disclosures with respect to the information withheld pursuant to the asserted (b)(7)(C) exemptions is REJECTED.(c)Defendants Motion for Summary Judgment (Doc. 29) is GRANTED.(2)Plaintiffs Renewed Motion for Order Compelling Answers to Interrogatories (Doc. 72) is DENIED as moot.(3)The Clerk of Court is directed to EN TER judgment in favor of Defendants Federal Bureau of Investigation and U.S. Department of Justice and against Plaintiff Joseph P. Frankenberry.(4)The Clerk of Court is directed to mark the case as CLOSED.Signed by Honorable A. Richard Caputo on 1/9/13. (jam)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA JOSEPH P. FRANKENBERRY, CIVIL ACTION NO. 3:CV-08-1565 Plaintiff, (JUDGE CAPUTO) v. FEDERAL BUREAU OF INVESTIGATION (MAGISTRATE JUDGE MANNION) and U.S. DEPARTMENT OF JUSTICE, Defendants. ORDER NOW, this 9 day of January, 2013, IT IS HEREBY ORDERED that: (1) The Magistrate Judge’s Report and Recommendation (Doc. 100) is ADOPTED in part and REJECTED in part. (a) The recommendations that Defendants provided proper disclosures with respect to documents asserting the (b)(7)(E)-2 exemption, that the information withheld pursuant to the (b)(2)-1 and (b)(2)-3 exemptions was properly withheld pursuant to the alternatively asserted (b)(7)(E)-1 and (b)(7)(E)-3 exemptions, and that Defendants provided sufficient information to assert the (b)(7)(D)-1 exemption are ADOPTED. (b) The recommendation that Defendants be required to make supplemental disclosures with respect to the information withheld pursuant to the asserted (b)(7)(C) exemptions is REJECTED. (c) Defendants’ Motion for Summary Judgment (Doc. 29) is GRANTED. (2) Plaintiff’s Renewed Motion for Order Compelling Answers to Interrogatories (Doc. 72) is DENIED as moot. (3) The Clerk of Court is directed to ENTER judgment in favor of Defendants Federal Bureau of Investigation and U.S. Department of Justice and against Plaintiff Joseph P. Frankenberry. (4) The Clerk of Court is directed to mark the case as CLOSED. th /s/ A. Richard Caputo A. Richard Caputo United States District Judge

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