Case Detail

FOIA Project Annotation: Judge Timothy Kelly has ruled that the Department of Homeland Security properly processed a request from former U.S. Immigration and Customs Enforcement employee Cynthia Roseberry-Andrews for records about her employment at ICE, but that because the agency had not sufficiently explained its search or segregability decisions, it was not entitled to summary judgment. Roseberry-Andrews requested records from eight separate offices in DHS. Roseberry-Andrews argued the agency had violated FOIA by failing to respond within the statutory time limit. But Kelly pointed out that "an agency's failure to comply with these statutory deadlines is not an independent basis for a claim." He explained that "in this case, Defendant cannot �" and did not �" argue that Roseberry-Andrews failed to exhaust her administrative remedies. But Defendant's failure to communicate its initial determination within 30 days does not provide Roseberry-Andrews a separate claim that it violated FOIA." Kelly agreed with Roseberry-Andrews that the agency had failed to explain why it did not search three offices identified in her request. He noted that "in light of Roseberry-Andrew's specific request that Defendant search these three additional offices and Defendant's failure to explain why it did not do so, the Court denies Defendant's request for summary judgment as to the adequacy of its search." Kelly also faulted the agency's search for its failure to explain the search terms it used and, further, why some offices used inconsistent search terms. Kelly approved the agency's exemption claims under Exemption 5 (privileges), Exemption 6 (invasion of privacy), and Exemption 7 (law enforcement records). Kelly rejected the agency's segregability analysis, noting it was conclusory. He observed that "it is unclear on the record before the Court whether Defendant withheld any information on the grounds that it was non-segregable (and, if so, what explanation it would offer to justify such withholdings). The Court notes that similar attestations have been met with skepticism by other courts in this Circuit."
Issues: Segregability - Disclosure of all non-exempt records, Adequacy - Search

FOIA Project Annotation: Judge Timothy Kelley has ruled that the Department of Homeland Security has now shown that it conducted an adequate search for records concerning former DHS employee Cynthia Roseberry-Andrews and that it appropriately considered whether further non-exempt records could be segregated and released. Although DHS disclosed 1,826 pages to Roseberry-Andrews, in his earlier opinion in the case, Kelly agreed with Roseberry-Andrews that the agency's search was insufficient because it had not searched three offices that Roseberry-Andrews had identified in her request as having potentially responsive records. This time, DHS told Kelly that it had searched the other offices and explained that it used consistent search terms for each separate search. Roseberry-Andrews still contended the search was inadequate because it failed to tun up information concerning an EEO investigation. However, Kelly pointed out that "in this case, there is no doubt that Defendant conducted a reasonable search for those types of documents. In the EEO sub-office, for instance, a program manager searched among other places the 'iComplaint' database, which contains 'all records relating to an individual's EEO process.'" Kelly found the agency had provided a sufficient explanation of its segregability review as well. He rejected Roseberry-Andrews' contention that records were not covered by the attorney-client privilege. Instead, he observed that "she is simply incorrect that an attorney-client relationship may not exist between government employees and their agency' counsel."
Issues: Adequacy - Search, Segregability - Disclosure of all non-exempt records

Date Filed	Doc #	Docket Text
2016-01-13	1	COMPLAINT against CATRINA PAVLIK-KEENAN, SARAH SALDANA, KAREN NEUMAN (Filing fee $ 0.00) filed by CYNTHIA L. ROSEBERRY-ANDREWS. (Attachments: # 1 Civil Cover Sheet)(jf) (Entered: 01/15/2016)
2016-01-13		SUMMONS Not Issued as to CATRINA PAVLIK-KEENAN, SARAH SALDANA, KAREN NEUMAN. (jf) (Entered: 01/15/2016)
2016-01-13	2	MOTION for Leave to Proceed in forma pauperis by CYNTHIA L. ROSEBERRY-ANDREWS (jf) (Entered: 01/15/2016)
2016-01-13		FIAT ORDER granting 2 Motion for Leave to Proceed in forma pauperis. "Leave to file without prepayment of costs GRANTED" Signed by Judge Beryl A. Howell on 1/12/2016. (jf) Modified on 1/15/2016 (td). (Entered: 01/15/2016)
2016-01-13	3	NOTICE OF RELATED CASE by CYNTHIA L. ROSEBERRY-ANDREWS. Case related to Case No. 15-2051. (jf) (Entered: 01/15/2016)
2016-01-13	4	MOTION to Permit Mailing Address by CYNTHIA L. ROSEBERRY-ANDREWS (jf) (Entered: 01/15/2016)
2016-01-13		FIAT ORDER granting 4 MOTION to Permit Mailing Address. Leave to use P.O. Box Address GRANTED" Signed by Judge Beryl A. Howell on 01/12/2016. (jf) (Entered: 01/15/2016)
2016-01-13	5	MOTION for CM/ECF Password by CYNTHIA L. ROSEBERRY-ANDREWS (jf) (Entered: 01/15/2016)
2016-01-20		MINUTE ORDER granting 5 Plaintiff's Motion for CM/ECF Password. Plaintiff is hereby granted leave to obtain a CM/ECF user name and password for the purpose of filing electronically in accordance with Local Civil Rule 5.4. SO ORDERED. Signed by Judge Ketanji Brown Jackson on 1/20/16.(ah) (Entered: 01/20/2016)
2016-01-28	6	SUMMONS Issued as to CATRINA PAVLIK-KEENAN, SARAH SALDANA, KAREN NEUMAN, U.S. Attorney and U.S. Attorney General (md) (Entered: 01/28/2016)
2016-02-12	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/10/16. (td) (Entered: 02/16/2016)
2016-02-16	7	NOTICE of Appearance by Jennifer Joy Lee on behalf of All Defendants (Lee, Jennifer) (Entered: 02/16/2016)
2016-03-02	9	MOTION for Extension of Time to File Answer re 1 Complaint by KAREN NEUMAN, CATRINA PAVLIK-KEENAN, SARAH SALDANA (Lee, Jennifer) (Entered: 03/02/2016)
2016-03-03		MINUTE ORDER granting, for good cause shown, 9 Motion for Extension of Time to Answer. It is hereby ORDERED that Defendants shall file a status report on the processing of Plaintiff's FOIA request by 4/1/2016, and that Defendants shall answer or otherwise respond to Plaintiff's complaint by 4/18/2016. Signed by Judge Ketanji Brown Jackson on 03/03/2016. (lckbj1) (Entered: 03/03/2016)
2016-03-24	10	ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/23/2016. Answer due for ALL FEDERAL DEFENDANTS by 4/22/2016. (zrdj) Modified on 3/28/2016 (zrdj). (Entered: 03/25/2016)
2016-03-28		NOTICE OF CORRECTED DOCKET ENTRY: re 10 Summons Returned Executed in FOIA as to U.S. Attorney, was entered in error (Wrong Case). (zrdj) (Entered: 03/28/2016)
2016-03-31	11	STATUS REPORT by CATRINA PAVLIK-KEENAN. (Lee, Jennifer) (Entered: 03/31/2016)
2016-04-01	12	NOTICE OF SUBSTITUTION OF COUNSEL by Johnny Hillary Walker, III on behalf of CATRINA PAVLIK-KEENAN Substituting for attorney Jennifer Joy Lee (Walker, Johnny) (Entered: 04/01/2016)
2016-04-18	13	ANSWER to 1 Complaint by CATRINA PAVLIK-KEENAN. (Attachments: # 1 Certificate of Service)(Walker, Johnny) (Entered: 04/18/2016)
2016-04-20	14	AMENDED COMPLAINT by CYNTHIA L. ROSEBERRY-ANDREWS (ROSEBERRY-ANDREWS, CYNTHIA) Modified on 4/21/2016 (jf). (Entered: 04/20/2016)
2016-05-03		MINUTE ORDER: Local Civil Rules 16.3(b)(9) and 16.5(c)(1) exempt this FOIA action from the conferencing, scheduling, and discovery rules. In its March 31, 2016 Status Report, Defendant represents that the processing of Plaintiff's request is underway. Accordingly, it is ORDERED that Defendant shall file a status report on the processing of Plaintiff's FOIA request and a proposed briefing schedule by June 3, 2016. SO ORDERED. Signed by Judge Ketanji Brown Jackson on 5/3/16. (ah) (Entered: 05/03/2016)
2016-05-03		Set/Reset Deadlines: Status Report and proposed briefing schedule due by 6/3/2016. (gdf) (Entered: 05/03/2016)
2016-05-05	15	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CATRINA PAVLIK-KEENAN served on 4/26/2016 (jf) (Entered: 05/06/2016)
2016-05-09	16	ANSWER to Complaint (Amended) [ECF No. 14] by JEH JOHNSON.(Walker, Johnny) (Entered: 05/09/2016)
2016-06-03	17	STATUS REPORT and Proposed Briefing Schedule by JEH JOHNSON. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 06/03/2016)
2016-06-08	18	ORDER setting briefing schedule (see written order for details). Signed by Judge Ketanji Brown Jackson on 6/8/16.(ah) (Entered: 06/08/2016)
2016-06-13		Set/Reset Deadlines: Summary Judgment motions due by 8/12/2016. Response to Motion for Summary Judgment due by 9/30/2016. Reply to Motion for Summary Judgment due by 10/21/2016. (gdf) (Entered: 06/13/2016)
2016-08-09	19	Consent MOTION for Extension of Time to File Summary Judgment Motion by JEH CHARLES JOHNSON (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 08/09/2016)
2016-09-01	20	ERRATA by JEH CHARLES JOHNSON 19 Consent MOTION for Extension of Time to File Summary Judgment Motion filed by JEH CHARLES JOHNSON. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 09/01/2016)
2016-09-09	21	Consent MOTION for Extension of Time to Move for Summary Judgment by JEH CHARLES JOHNSON (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 09/09/2016)
2016-09-12		MINUTE ORDER granting 21 Defendant's Consent Motion for an Extension of Time. The parties shall adhere to the following amended schedule: Defendant's motion for summary judgment is due by October 3, 2016; Plaintiff's opposition is due by November 21, 2016; Defendant's reply is due by December 12, 2016. SO ORDERED. Signed by Judge Ketanji Brown Jackson on 9/12/16.(ah) Modified on 9/12/2016 (ah). (Entered: 09/12/2016)
2016-09-12		MINUTE ORDER granting nunc pro tunc 19 Defendant's Motion for an Extension of Time. SO ORDERED. Signed by Judge Ketanji Brown Jackson on 9/12/16.(ah) (Entered: 09/12/2016)
2016-09-12		Set/Reset Deadlines: Defendants' motion for Summary Judgment due by 10/3/2016. Plaintiff's opposition is due by 11/21/2016. Defendants' reply is due by 12/12/2016. (nbn) (Entered: 09/13/2016)
2016-10-03	22	MOTION for Summary Judgment by JEH CHARLES JOHNSON (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Fernando Pineiro (with exhibits), # 4 Declaration of Kevin Tyrrell (with exhibits), # 5 Text of Proposed Order)(Walker, Johnny) (Entered: 10/03/2016)
2016-10-26	23	Order advising plaintiff to respond by November 21, 2016, to defendant's motion for summary judgment or risk entry of judgment for the defendant on what will be treated as a conceded motion (see written order for details). Signed by Judge Ketanji Brown Jackson on 10/26/16.(ah) (Entered: 10/26/2016)
2016-11-21	24	Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment by CYNTHIA L. ROSEBERRY-ANDREWS (ROSEBERRY-ANDREWS, CYNTHIA) (Entered: 11/21/2016)
2016-11-21	25	Memorandum in opposition to re 24 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment , 22 MOTION for Summary Judgment Material Facts and Points & Auth filed by CYNTHIA L. ROSEBERRY-ANDREWS. (ROSEBERRY-ANDREWS, CYNTHIA) (Entered: 11/21/2016)
2016-12-12	26	REPLY to opposition to motion re 22 MOTION for Summary Judgment filed by JEH CHARLES JOHNSON. (Walker, Johnny) (Entered: 12/12/2016)
2016-12-12	27	Memorandum in opposition to re 24 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by JEH CHARLES JOHNSON. (Walker, Johnny) (Entered: 12/12/2016)
2017-10-06	28	Case directly reassigned to Judge Timothy J. Kelly as related to 15cv2051(TJK). Judge Ketanji Brown Jackson is no longer assigned to the case. (ztnr) (Entered: 10/06/2017)
2018-03-13	29	MEMORANDUM OPINION AND ORDER granting in part and denying in part 22 Defendant's Motion for Summary Judgment, and reserving judgment in part on and denying in part 24 Plaintiff's Cross-Motion for Summary Judgment. Please refer to full order for further details. Signed by Judge Timothy J. Kelly on 3/13/2018. (lctjk3) (Entered: 03/13/2018)
2018-05-14	30	Second MOTION for Summary Judgment by JEH CHARLES JOHNSON (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Supplemental Declaration of Catrina Pavlik-Keenan, # 4 Text of Proposed Order)(Walker, Johnny) (Entered: 05/14/2018)
2018-06-11	31	RESPONSE re 30 Second MOTION for Summary Judgment PLAINTIFFS OPPOSITION TO DEFENDANTS RENEWED MOTION FOR SUMMARY JUDGMENT filed by CYNTHIA L. ROSEBERRY-ANDREWS. (ROSEBERRY-ANDREWS, CYNTHIA) (Entered: 06/11/2018)
2018-06-15	32	REPLY to opposition to motion re 30 Second MOTION for Summary Judgment filed by JEH CHARLES JOHNSON. (Walker, Johnny) (Entered: 06/15/2018)
2018-11-02	33	MEMORANDUM OPINION granting Defendant's 30 Second Motion for Summary Judgment and denying the portion of Plaintiff's 24 Motion for Summary Judgment on which the Court previously reserved judgment. Signed by Judge Timothy J. Kelly on 11/2/2018. (lctjk3) (Entered: 11/02/2018)
2018-11-02	34	ORDER granting Defendant's 30 Second Motion for Summary Judgment and denying the portion of Plaintiff's 24 Motion for Summary Judgment on which the Court previously reserved judgment, for the reasons set forth in the accompanying Memorandum Opinion. This is a final, appealable Order. The Clerk of Court is directed to close the case. See Order for details. Signed by Judge Timothy J. Kelly on 11/2/2018. (lctjk3) (Entered: 11/02/2018)
2018-12-10	35	NOTICE OF APPEAL TO DC CIRCUIT COURT as to 34 Order, by CYNTHIA L. ROSEBERRY-ANDREWS. Fee Status: No Fee Paid. Parties have been notified. (ROSEBERRY-ANDREWS, CYNTHIA) (Entered: 12/10/2018)
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