Antonelli v. Federal Bureau of Investigation (536 F. Supp. 568, 1982)

MEMORANDUM OPINION

MARSHALL, District Judge.

In this thirty-seven count complaint plaintiff Michael C. Antonelli seeks information from the Federal Bureau of Investigation (“FBI”) concerning himself and several third parties under the Freedom of Information Act, 5 U.S.C. § 552 (1976) (“FOIA”). Defendants have moved for summary judgment on twenty of the counts. The summary judgment motion can be dealt with most effectively by breaking it down into six subparts: on seven counts defendants refuse to confirm or deny the existence of any files concerning the subjects of the inquiries, relying on the privacy interests of the third parties; on four counts defendants allege that a search of the central files of the FBI failed to reveal any request for the information by the plaintiff and therefore no further search was conducted; on one count defendants admit receiving plaintiff’s request and the written consent of the subject of the inquiry but allege that there are “doubts about the authenticity” of the consent and that it has now been revoked and accordingly, refuse any production ; on one count defendants allege that a search was conducted and no files were found under the name submitted by the plaintiff; and on another count defendants allege that they are unable to conduct a search because the request by the plaintiff does not correspond to any classification index used by the FBI. Defendants have produced a substantial amount of material pursuant to all or part of five of plaintiff’s requests, but plaintiff challenges the sufficiency of the production and the exemptions relied on by the FBI in deleting portions of the documents. Finally, defendants have offered to produce the requested material for two counts of the complaint if plaintiff tenders the 10