Skip to content

Case Detail

[Subscribe to updates]
Case TitlePENA-MARTINEZ v. UNITED STATES DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00022
Date Filed2018-01-04
Date ClosedOpen
JudgeJudge Christopher R. Cooper
PlaintiffMANUEL PENA-MARTINEZ
DefendantUNITED STATES DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [21]
FOIA Project Annotation: Judge Christopher Cooper has ruled that the FBI has failed to show that Exemption 7(D) (confidential sources) protects the identity of a witness who testified at Manuel Pena-Martinez's trial. Although Pena had not responded to the agency's summary judgment motion, Cooper indicated that under Winston & Strawn, LLP v. McLean, 843 F.3d 503 (D.C. Cir. 2016) district court judges were required to rule on whether the government had carried its burden of showing that it was entitled to summary judgment. Here, based on the record, Cooper noted that the agency had not. He pointed out that the First Circuit's decision upholding Pena's conviction identified Arturo Ortiz-Colon as "an informant and undercover operative." As a result, he observed that "by failing to address facts in the record suggesting Colon testified as a government witness during Pena's trial and was referred to as an informant, the government has failed to meet its burden."
Issues: Exemption 7(D) - Confidential sources
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-01-04Initiating Pleading & IFP Application Received on 12/26/17. (zsth) (Entered: 01/12/2018)
2018-01-041COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE filed by MANUEL PENA-MARTINEZ. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(zsth) (Entered: 01/12/2018)
2018-01-042MOTION for Leave to Proceed in forma pauperis by MANUEL PENA-MARTINEZ (zsth) (Main Document 2 replaced on 1/17/2018) (zsth). (Entered: 01/12/2018)
2018-01-043PRISONER TRUST FUND ACCOUNT STATEMENT by MANUEL PENA-MARTINEZ (zsth) (Entered: 01/17/2018)
2018-02-274PRO SE ORDER directing within 30 days of this Order, plaintiff shall supplement the statement already provided to include the months of July 2017, August 2017 and December 2017. After submission of the trust fund information, the Court will determine the plaintiff's ability to pay the entire amount in one payment. If the Court determines that the plaintiff does not have sufficient funds to pay the filing fee at one time, the Court will assess an initial partial filing fee. After payment of the initial partial filing fee, monthly payments of 20 percent of the deposits made to the plaintiff's trust fund account during the preceding month will be forwarded to the clerk of the Court each time the account balance exceeds $10.00. Payments will continue until the filing fee is paid. Failure to comply will result in dismissal of case. Plaintiff shall provide the requested information specific within this order. Signed by Judge Trevor N. McFadden on 2/26/18. (zsth) (Entered: 02/27/2018)
2018-03-225MOTION to Compliance by MANUEL PENA-MARTINEZ (Attachments: # 1 Supplement Trust Account Statement)(zsth) (Entered: 03/30/2018)
2018-04-246ORDER granting 5 Motion to Compliance; granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff is obligated to pay an initial partial filing fee in the amount of $30.50 to the Clerk of the United States District Court for the District of Columbia. Plaintiff is obligated hereafter to pay the United States District Court for the District of Columbia twenty percent of the preceding month's income credited to his prison account as continued partial payments on the remaining balance of the $350.00 filing fee.. Signed by Judge Emmet G. Sullivan on 4/24/18. (zsth) (Entered: 04/26/2018)
2018-04-26Case Reassigned to Judge Christopher R. Cooper. Unassigned is no longer assigned to the case. (zsth) (Entered: 04/26/2018)
2018-04-2716SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (zrdj) (Entered: 10/02/2018)
2018-05-167RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/16/2018. Answer due for ALL FEDERAL DEFENDANTS by 6/15/2018. (ztd) (Entered: 05/17/2018)
2018-05-308NOTICE of Appearance by Wyneva Johnson on behalf of All Defendants (Johnson, Wyneva) (Entered: 05/30/2018)
2018-06-119MOTION for Extension of Time to File Answer by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 06/11/2018)
2018-06-13MINUTE ORDER granting 9 Defendant's Motion for Extension of Time to Answer. Defendant's answer or other response to the complaint is due by July 30, 2018. Signed by Judge Christopher R. Cooper on 6/13/2018. (lccrc1) (Entered: 06/13/2018)
2018-06-13Set/Reset Deadlines: Answer due by 7/30/2018 (lsj) (Entered: 06/13/2018)
2018-07-2610MOTION for Extension of Time to File Answer by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 07/26/2018)
2018-07-2611RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/03/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 5/3/2018 (zsb) (Entered: 07/27/2018)
2018-08-1312MOTION for Extension of Time to by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 08/13/2018)
2018-08-14MINUTE ORDER granting 12 Defendant's Motion for Extension of Time to Respond to Complaint. Defendant's answer or other response to the complaint is due by August 15, 2018. Signed by Judge Christopher R. Cooper on 8/14/2018. (lccrc1) (Entered: 08/14/2018)
2018-08-14Set/Reset Deadlines: Answer due by 8/15/2018 (lsj) (Entered: 08/14/2018)
2018-08-1513MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 08/15/2018)
2018-08-1714ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF JUSTICE.(Johnson, Wyneva) (Entered: 08/17/2018)
2018-08-23MINUTE ORDER granting 13 Defendant's Motion for Extension of Time to File Response nunc pro tunc . Signed by Judge Christopher R. Cooper on 8/23/2018. (lccrc1) (Entered: 08/23/2018)
2018-08-24MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The government is ORDERED to file a proposed schedule for further proceedings by September 7, 2018. Plaintiff shall file any response to the government's proposal by September 28, 2018. Signed by Judge Christopher R. Cooper on 8/24/2018. (lccrc1) (Entered: 08/24/2018)
2018-08-27Set/Reset Deadlines: Plaintiff's Responses due by 9/28/2018 (lsj) (Entered: 08/27/2018)
2018-08-3015RESPONSE TO ORDER OF THE COURT re Order, August 24, 2018 Order, filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 08/30/2018)
2018-10-10MINUTE ORDER: Upon consideration of Defendant's 15 proposed briefing schedule, it is hereby ORDERED that the parties' dispositive motions are due by October 22, 2018; responses to those motions are due by November 14, 2018; and replies in support of dispositive motions are due by November 28, 2018. Signed by Judge Christopher R. Cooper on 10/10/218. (lccrc1) (Entered: 10/10/2018)
2018-10-10Set/Reset Deadlines: Dispositive Motions due by 10/22/2018. Response to Dispositive Motions due by 11/14/2018. Reply to Dispositive Motions due by 11/28/2018. (znbn) (Entered: 10/11/2018)
2018-10-2217MOTION for Extension of Time to file Dispositive Motion by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 10/22/2018)
2018-10-22MINUTE ORDER granting 17 Defendant's Motion for Extension of Time. Defendant shall file its motion for summary judgment by October 24, 2018. Signed by Judge Christopher R. Cooper on 10/22/2018. (lccrc1) (Entered: 10/22/2018)
2018-10-2418MOTION for Extension of Time to file Defendant's Motion for Summary Judgment on October 25, 2018 by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) Modified on 10/25/2018 (ztd). (Entered: 10/24/2018)
2018-10-25MINUTE ORDER granting 18 Defendant's Motion for Extension of Time to File Motion for Summary Judgment. Defendant shall file its motion on October 25, 2018. Signed by Judge Christopher R. Cooper on 10/25/2018. (lccrc1) (Entered: 10/25/2018)
2018-10-25Set/Reset Deadlines: Motions due by 10/25/2018. (znbn) (Entered: 10/25/2018)
2018-10-2519MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration D. Hardy, # 2 Declaration H. Ramirez-Carbo, # 3 Declaration T. Smith, # 4 Declaration G. Brodfuehrer, # 5 Text of Proposed Order)(Johnson, Wyneva) (Entered: 10/25/2018)
2018-12-0720Order advising plaintiff to respond or Court may deem matter as conceded. Plaintiff shall file his response by December 28, 2018. See full order for details. Signed by Judge Christopher R. Cooper on 12/7/2018. (lccrc1) (Entered: 12/07/2018)
2018-12-07Set/Reset Deadlines: Plaintiff's Response due by 12/28/2018 (lsj) (Entered: 12/07/2018)
2019-02-2621OPINION AND ORDER denying without prejudice 19 Defendant's Motion for Summary Judgment. The government shall file any renewed motion, with supplemental declarations, on or before March 28, 2019. Signed by Judge Christopher R. Cooper on 2/26/2019. (lccrc1) (Entered: 02/26/2019)
2019-02-26Set/Reset Deadlines: Renewed Summary Judgment motions with supplemental declaration due by 3/28/2019. (lsj) (Entered: 02/26/2019)
2019-03-2722MOTION for Extension of Time to File a Renewed Motion for Summary Judgment and Supplemental Declaration by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Johnson, Wyneva) (Entered: 03/27/2019)
2019-03-29MINUTE ORDER granting 22 Defendant's Motion for Extension of Time. Defendant shall file its renewed motion for summary judgment by May 6, 2019. Signed by Judge Christopher R. Cooper on 3/29/2019. (lccrc1) (Entered: 03/29/2019)
2019-03-29Set/Reset Deadlines: Summary Judgment motions due by 5/6/2019. (lsj) (Entered: 03/29/2019)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar