UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ ) RYAN NOAH SHAPIRO, ) ) Plaintiff, ) ) v. ) Civil Action No. 13-0729 (PLF) ) DEPARTMENT OF JUSTICE, ) ) Defendant. ) __________________________________________) OPINION This matter is before the Court on the defendant’s renewed motion for summary judgment [Dkt. No. 53] and Mr. Shapiro’s renewed cross-motion for summary judgment [Dkt. No. 55], after remand to this Court from the Court of Appeals. See Shapiro v. U.S. Dep’t of Justice, 893 F.3d 796 (D.C. Cir. 2018). At issue is one remaining record, known as “Serial 91,” redacted by the Federal Bureau of Investigation (“FBI”) under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. The Court will grant summary judgment in favor of the government and deny Mr. Shapiro’s cross-motion for summary judgment. 1 1 The Court has reviewed the following filings, and the exhibits attached thereto, in resolving the pending motions: Government’s Motion for Summary Judgment (“Gov. Mot.”) [Dkt. No. 53]; Fifth Declaration of David M. Hardy (“Fifth Hardy Dec.”) [Dkt. No. 53-2]; Mr. Shapiro’s Cross-Motion for Summary Judgment and Opposition to the Government’s Motion (“Pl. Cross-Mot.”) [Dkt. No. 55]; Exhibit 4: Serial 91 with Corresponding Asserted Exemptions (“Serial 91”) [Dkt. No. 55-1 at 27]; Government’s Reply in Support of its Motion for Summary Judgment and Opposition to Mr. Shapiro’s Cross-Motion (“Gov. Reply”) [Dkt. No. 62]; Sixth Declaration of David M. Hardy (“Sixth Hardy Dec.”) [Dkt. No. 62-1]; and Mr. Shapiro’s Reply in Support of his Cross-Motion for Summary Judgment (“Pl. Reply”) [Dkt. No. 66]. I. BACKGROUND The history of this case is set out in prior opinions of this Court and of the U.S. Court of Appeals for the D.C. Circuit and need not be repeated here. See Shapiro v. U.S. Dep’t of Justice, 893 F.3d 796; Shapiro v. U.S. Dep’t of Justice, 249 F. Supp. 3d 502 (D.D.C. 2017); Shapiro v. U.S. Dep’t of Justice, 205 F. Supp. 3d 68 (D.D.C. 2016); Shapiro v. U.S. Dep’t of Justice, 34 F. Supp. 3d 89 (D.D.C. 2014). This Court has yet to evaluate the propriety of the government’s withholdings as to Serial 91 – an additional, two-page document that was released following oral argument in the Court of Appeals. The D.C. Circuit remanded the case for evaluation of the redactions made to Serial 91 and resolution of any dispute as to those redactions. See Shapiro v. U.S. Dep’t of Justice 893 F.3d at 800. The government has made thirteen separate redactions to Serial 91, withholding material contained therein pursuant to Exemptions 3, 6, 7(C), and 7(E) of FOIA. See Gov. Mot. at 3; see also 5 U.S.C. §§ 552(b)(3), (b)(6), (b)(7)(E). In his cross-motion, Mr. Shapiro originally challenged eight of the thirteen withholdings made under Exemptions 3 and 7(E) of FOIA and requested that the Court review in camera an unredacted version of the document. See Pl. Cross-Mot. at 1, 18. He submitted a copy of the redacted version of Serial 91 as an exhibit to his ...
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