Case Detail

FOIA Project Annotation: A federal court in New Hampshire has ruled that the Manchester Union Leader failed to exhaust administrative remedies when it requested the names and addresses of six individuals who were picked up by Immigration and Customs Enforcement. The newspaper sent both an email and a letter to ICE's Office of Public Affairs. The newspaper then filed suit when the agency failed to respond. The newspaper amended its complaint to indicate that after filing suit it submitted an official FOIA and received redacted documents. It then filed an appeal. But the court noted that "it is not enough that a plaintiff has filed an initial FOIA request and that the agency denied the request. Rather, the plaintiff must also exhaust the right to administratively appeal that denial before filing suit." Although the Union Leader filed an appeal, the court observed that "the right to appeal is not exhausted merely by filing an appeal; it is only exhausted when the agency either (a) issues a final decision denying the appeal, or (b) fails to act on the appeal within twenty days. . . Neither is the case here. . .Union Leader's proposed amendment would therefore be futile, and its motion to amend is denied." Dismissing the case, the court pointed out that "this court has no desire to elevate bureaucratic form over substance. The exhaustion requirement serves important public interests. . . Union Leader must allow that appeal process to run its course before resorting to the courts."
Issues: Litigation - Jurisdiction - Failure to Exhaust

Date Filed	Doc #	Docket Text
2012-01-13	1	NEW CASE/ COMPLAINT. Filing fee $ 350, receipt number 0102-829102 filed by Union Leader Corporation. (Attachments: # 1 Civil Cover Sheet, # 2 Summons - Waiver)(Sullivan, Gregory) (Entered: 01/13/2012)
2012-01-17		Case assigned to Chief Judge Joseph N. Laplante. The case designation is: 12-cv-18-JL. Please show this number with the judge designation on all future pleadings. (amm) (Entered: 01/17/2012)
2012-01-17		NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE .(amm) (Entered: 01/17/2012)
2012-01-17	2	Summons(es) Issued Electronically as to U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. NOTICE: Counsel shall print and serve the summons(es) and all attachments in accordance with Fed.R.Civ.P.4. (Attachments: # 1 Notice ECF)(amm) (Entered: 01/17/2012)
2012-01-17		NOTICE re 1 Complaint - New Case filed by Union Leader Corporation. Pursuant to Federal Rules of Civil Procedure and Local Rules, Disclosure Statements must be filed after filing case initiating document. No Disclosure Statement has been filed. File Disclosure Statement using the Other Documents/Disclosure Statement event. Union Leader Corporation shall file a disclosure statement by 1/23/2012. Disclosure Statement due 1/23/2012.(amm) (Entered: 01/17/2012)
2012-01-19	3	Disclosure Statement by Union Leader Corporation disclosing parent companies, and no merger agreement (Sullivan, Gregory) (Entered: 01/19/2012)
2012-01-24	4	MOTION for Preliminary Injunction and Request for Expedited Hearing filed by Union Leader Corporation. Follow up on Objection on 2/10/2012. (Attachments: # 1 Exhibit (Affidavit), # 2 Attachment to Exhibit Exhibit A)(Sullivan, Gregory) (Entered: 01/24/2012)
2012-01-24		NOTICE of ECF Filing Error re: 4 MOTION for Preliminary Injunction and Request for Expedited Hearing filed by Union Leader Corporation. A Motion for Preliminary Injunction shall be accompanied by a proposed order consistent with the requirements of Fed R Civ P 65. Filer shall file the proposed order by using the Other Documents, Addendum event by 2/3/12. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1474. Notice of Compliance Deadline set for 2/3/2012.(dae) (Entered: 01/24/2012)
2012-01-24	5	Addendum (Proposed Order) to 4 MOTION for Preliminary Injunction and Request for Expedited Hearing by Union Leader Corporation. (Sullivan, Gregory) Modified on 1/24/2012 to take out: Certain exhibit(s) maintained conventionally in Clerks Office text. (dae). Modified on 2/14/2012 to add: (Proposed Order) (dae). (Entered: 01/24/2012)
2012-01-27		NOTICE of Hearing. Telephone Conference set for 1/31/2012 10:00 AM before Chief Judge Joseph N. Laplante. The court will initiate the call.(dae) (Entered: 01/27/2012)
2012-01-31		Minute Entry for proceedings held before Chief Judge Joseph N. Laplante. TELEPHONE CONFERENCE held on 1/31/2012. Order to issue. (Pltfs Atty: Gregory V. Sullivan) (Defts Atty: Gretchen Leah Witt)(Total Hearing Time: 7 minutes) (dae) (Entered: 01/31/2012)
2012-01-31		ENDORSED ORDER re 4 Motion for Preliminary Injunction and Request for Expedited Hearing. Text of Order: While the motion for injunctive relief was docketed as a motion for preliminary injunction, it in fact appears to request no more than expedited consideration of the merits of this action, and does not require immediate intervention by the court. The word "preliminary," which has a specific meaning under Rule 65, appears nowhere in the motion. Defendant need not respond to the motion within the time specified by Local Rule 7.1, but may serve its response to the motion within the time permitted to answer or respond to the complaint under 5 U.S.C. § 552(a)(4)(C). So Ordered by Chief Judge Joseph N. Laplante.(jb) (Entered: 01/31/2012)
2012-01-31	6	Return of Service Executed as to U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement by Union Leader Corporation. Served/Mailed on 1/27/2012. Answer Follow Up on 2/21/2012.(Sullivan, Gregory) (Entered: 01/31/2012)
2012-01-31	7	CERTIFICATE OF SERVICE by Union Leader Corporation re: 2 Summons - Waiver Issued, 5 Addendum, 1 Complaint - New Case, 3 Disclosure Statement, 4 MOTION for Preliminary Injunction and Request for Expedited Hearing (Sullivan, Gregory) (Entered: 01/31/2012)
2012-02-27	8	MOTION to Dismiss for Failure to State a Claim filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Follow up on Objection on 3/15/2012. (Attachments: # 1 Memorandum of Law, # 2 Exhibit (Affidavit) A, Declaration of Ryan Law, # 3 Attachment to Exhibit A, 1 - 10/13/11 email to Mr. Feely from ICE PAO, # 4 Exhibit Gillin Order, 92-cv-325-M, 05/28/93)(Witt, Gretchen) (Entered: 02/27/2012)
2012-02-27	9	OBJECTION to 4 MOTION for Preliminary Injunction and Request for Expedited Hearing filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Memorandum of Law)(Witt, Gretchen) (Entered: 02/27/2012)
2012-03-08	10	OBJECTION to 8 MOTION to Dismiss for Failure to State a Claim filed by Union Leader Corporation. (Attachments: # 1 Memorandum of Law, # 2 Exhibit (Affidavit), # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Sullivan, Gregory) (Entered: 03/08/2012)
2012-03-08		NOTICE of ECF Filing Error re: Exhibits in support of 10 Objection to Motion to Dismiss filed by Union Leader Corporation. No description of exhibits was included. Exhibits shall be followed by a short description of the document and shall not exceed five words. AP 2.5(a). See How to Properly Attach Exhibits to Pleadings . NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1474.(dae) (Entered: 03/08/2012)
2012-03-12		NOTICE of Hearing. Telephone Conference set for 3/15/2012 03:00 PM before Chief Judge Joseph N. Laplante. The court will initiate the call.(dae) (Entered: 03/12/2012)
2012-03-12	11	ORAL Notice of Intent to Reply to Objection to 8 MOTION to Dismiss for Failure to State a Claim . Follow up on Reply on 3/22/2012.(cmp) Modified on 3/12/2012 to add: No document attached. (dae). (Entered: 03/12/2012)
2012-03-15		Minute Entry for proceedings held before Chief Judge Joseph N. Laplante. TELEPHONE CONFERENCE held on 3/15/2012. (Pltfs Atty: Gregory Sullivan, Esq. Kathleen Sullivan, Esq. Kerstin Peterson, Esq.) (Defts Atty: Gretchen Leah Witt, AUSA)(Total Hearing Time: 20 minutes) (cmp) (Entered: 03/16/2012)
2012-03-21	12	MOTION to Amend Complaint filed by Union Leader Corporation. Follow up on Objection on 4/9/2012. (Attachments: # 1 Exhibit Exhibit 1 - Amended Complaint, # 2 Attachment to Exhibit Exhibit A - 10.27.11 Request)(Sullivan, Gregory) (Entered: 03/21/2012)
2012-03-21	13	Addendum/Exhibit B - FOIA Request to 12 MOTION to Amend Complaint filed by Union Leader Corporation. (Sullivan, Gregory) (Entered: 03/21/2012)
2012-03-21	14	Addendum/Exhibit D - FOIA Appeal to 12 MOTION to Amend Complaint filed by Union Leader Corporation. (Sullivan, Gregory) (Entered: 03/21/2012)
2012-03-22	15	Addendum/Exhibit C to Amended Complaint to 12 MOTION to Amend Complaint filed by Union Leader Corporation. (Attachments: # 1 Exhibit Exhibit C - FOIA Response)(Sullivan, Gregory) (Entered: 03/22/2012)
2012-03-23	16	///ORDER granting 8 Motion to Dismiss for Failure to State a Claim; denying without prejudice 12 Motion to Amend Complaint; denying as moot 4 Motion for Preliminary Injunction and Request for Expedited Hearing. The clerk shall enter judgment accordingly and close the case. So Ordered by Chief Judge Joseph N. Laplante.(jb) (Entered: 03/23/2012)
2012-03-26	17	JUDGMENT is hereby entered in accordance with 16 Order. Signed by Clerk James R. Starr. (Case Closed) (dae) (Entered: 03/27/2012)
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