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2013-08-14 ECF 7 - Taitz v Colvin - Defendant’s MtD or in the Alternative, for Summary Judgment

2013-08-14 ECF 7 - Taitz v Colvin - Defendant’s MtD or in the Alternative, for Summary Judgment

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Published by Jack Ryan
2013-08-14 ECF 7 - Taitz v Colvin - Defendant’s MtD or in the Alternative, for Summary Judgment
2013-08-14 ECF 7 - Taitz v Colvin - Defendant’s MtD or in the Alternative, for Summary Judgment

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Published by: Jack Ryan on Mar 14, 2014
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05/15/2014

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ORLY TAITZ, ) ) Plaintiff, ) ) Civil No. ELH-13-1878 v. ) ) CAROLYN COLVIN, COMMISSIONER ) SOCIAL SECURITY ADMINISTRATION ) ) Defendant. ) DEFENDANT’S MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT
Defendant, by and through undersigned counsel, respectfully moves for dismissal  pursuant to Federal Rule of Civil Procedure 12(b)(1) or, in the alternative, for summary  judgment pursuant to Federal Rule of Civil Procedure 56(a). Attached in support of this motion are: (1) a memorandum in support of Defendant’s Motion to Dismiss or for Summary Judgment; (2) a letter dated April 26, 2013 from Plaintiff to the Social Security Administration (SSA), attached as
 Exhibit A
; (3) a letter dated July 29, 2013 from SSA to Plaintiff, attached as
 Exhibit  B
; (4) a letter dated August 7, 2013 from SSA to Plaintiff, attached as
 Exhibit C 
; and (5) a declaration of Dawn S. Wiggins, attached as
 Exhibit D
. Respectfully Submitted, ROD ROSENSTEIN United States Attorney By: /s/ Andrew Norman, Federal Bar No. 00242 Assistant United States Attorney 36 South Charles Street, 4th Floor Baltimore, Maryland 21201 (410) 209-4821 (Office)
 Attorney for Defendant
Case 1:13-cv-01878-ELH Document 7 Filed 08/14/13 Page 1 of 1
 
 
1
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ORLY TAITZ, ) ) Plaintiff, ) ) Civil No. ELH-13-1878 v. ) ) CAROLYN COLVIN, COMMISSIONER ) SOCIAL SECURITY ADMINISTRATION ) ) Defendant. ) MEMORANDUM IN SUPPORT OF DEFENDANT’S MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT
Defendant, the Social Security Administration (“SSA” or “agency”), by and through its undersigned counsel, hereby submits, the following Motion to Dismiss or, in the alternative, for Summary Judgment.
INTRODUCTION
In this action, brought
 pro se
, Dr. Orly Taitz (“Plaintiff”) sued on behalf of herself under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, for information contained in Social Security records, including information relating to individuals’ social-security numbers and  benefits. Specifically, Plaintiff sought SSA records about three individuals and their dependents and/or family members. SSA performed a search for responsive records that identified the majority of the requested information. SSA responded to Plaintiff’s FOIA request on July 29, 2013, and mailed a supplemental response about the fees charged for the requested records on August 7, 2013. SSA withheld information about the individuals’ dependents and/or family members, pursuant to exemption 6 of the FOIA, because SSA could not identify them as deceased and SSA did not
Case 1:13-cv-01878-ELH Document 7-1 Filed 08/14/13 Page 1 of 18
 
 
2
have the consent of the individuals’ dependents and/or family members to release information about them in SSA records. SSA properly withheld this information because disclosure would implicate substantial privacy interests and would serve no public interest. Because SSA has conducted an adequate search for records, and produced all responsive documents that are not exempt from release under FOIA, Plaintiff’s request is now moot and dismissal or, in the alternative, summary judgment should be granted in Defendant’s favor.
STATEMENT OF FACTS
1.
 
Plaintiff submitted an FOIA request, dated April 26, 2013, to SSA seeking SS-5
1
 applications for Tamerlan Tsarnaev, Harrison (Harry) J. Bounel, and Stanley Ann Dunham and documentation on any Social Security benefits received by these individuals and their families and/or dependents.
See
 Letter dated April 26, 2013 from Plaintiff to SSA (“FOIA Request”), attached as
 Exhibit A
. Specifically, Plaintiff requested the following records: a.
 
“A copy of the SS-5 application for deceased Tamerlan Tsarnaev…[and] any and all information available in the SSA file for the deceased… Specifically[,] …any and all documentation pertaining to any and all payments or aid…to the deceased and his family.”  b.
 
“[The] SS-5 application and any and all documentation for Harrison (Harry) J. Bounel, immigrant from Russia, born in 1890, arrived in the U.S. in and around 1912, received Social Security number in the state of [Connecticut] in and around
1
 The Form SS-5 is the form through which an individual applies for an original or replacement social security card.
See, e.g.,
 http://www.socialsecurity.gov/online/ss-5.html. The Form SS-5 includes the individual’s full name, Social Security number (SSN), place of birth, date of birth, citizenship, parents’ names, parents’ SSNs (in certain versions of the Form SS-5), and other identifying information.
Case 1:13-cv-01878-ELH Document 7-1 Filed 08/14/13 Page 2 of 18

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Jack Ryan added this note
The pleading which Orly says was nefariously removed from the public docket when, in fact, it was never published on the public docket until now.
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