Exemption 7(F) protects from mandatory disclosure records compiled for law enforcement purposes to the extent that disclosure "could reasonably be expected to endanger the life or physical safety of any individual." 5 U.S.C. § 552(b)(7)(F). The DEA withheld the names and identities of DEA Special Agents, Supervisory Special Agents, and other law enforcement officers, the disclosure of which could reasonably be expected to endanger their life or physical safety. Bordley Decl. P 23.
On October 21, 1994, the Court instructed Plaintiff, consistent with Fox v. Strickland, 267 U.S. App. D.C. 84, 837 F.2d 507 (D.C. Cir. 1988), that the failure to respond to Defendant's motion within 14 days of that order could result in the Court accepting Defendant's assertions as true and granting Defendant's motion. Plaintiff was also provided with the text of Rule 56(e), Fed. R. Civ. P., and informed that, on a motion for summary judgment, "any factual assertions in the movant's affidavits will be accepted as being true unless [the opposing party] submits his own affidavits or other documentary evidence contradicting the assertion." Neal v. Kelly, 295 U.S. App. D.C. 350, 963 F.2d 453, 456 (D.C. Cir. 1992) (internal quotation omitted). Plaintiff requested an enlargement of time to respond to Defendant's Motion For Summary Judgment. The Court, by Order dated November 14, 1994, granted Plaintiff until January 6, 1995 to respond to Defendant's Motion.
Under Rule 56(c), Fed. R. Civ. P., summary judgment may be rendered only when it is properly shown "that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." FOIA cases are susceptible to resolution on summary judgment, unless the "litigants quarrel over key factual premises for a determination." Washington Post Co. v. Dep't of State, 268 U.S. App. D.C. 146, 840 F.2d 26, 29 (1988). The Court may award summary judgment solely on the information provided by the government in affidavits or declarations that explain how requested information falls within a claimed exemption so long as the affidavits or declarations are sufficiently detailed, nonconclusory and submitted in good faith. Goland v. CIA, 197 U.S. App. D.C. 25, 607 F.2d 339, 352 (D.C. Cir. 1978), cert. denied, 445 U.S. 927, 63 L. Ed. 2d 759, 100 S. Ct. 1312 (1980). In order to show that there is a genuine issue as to any material fact, plaintiff's opposition must consist of more than mere unsupported allegations or denials and must be supported by affidavits or other competent evidence setting forth specific facts. Fed. R. Civ. P. 56(e); Celotex Corp. v. Catrett, 477 U.S. 317, 324, 91 L. Ed. 2d 265, 106 S. Ct. 2548 (1986).
Although Plaintiff had adequate notice of the consequences of his not responding to Defendant's motion and, by his motion for an enlargement of time, demonstrated that he understood the requirements of Rule 56, Fed. R. Civ. P., Plaintiff has not filed any affidavits, documentary evidence or other submissions contradicting Defendant's assertions. On the record before it, the Court therefore finds that the DEA is not required to disclose the information it has withheld and grants Defendant's Motion For Summary Judgment. Accordingly, it is hereby
ORDERED that Defendant's Motion For Summary Judgment be, and hereby is, GRANTED; it is
FURTHER ORDERED that judgment is entered in favor of Defendant; and it is
FURTHER ORDERED that this case shall be removed from the docket of the Court.
PAUL L. FRIEDMAN
United States District Judge
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