Case Detail

FOIA Project Annotation: A federal court in Maryland has ruled that Everton Brown's suit against the FBI is moot. Brown believed he was the subject of government surveillance. He sent a FOIA request to the FBI for all records pertaining to the agency's surveillance of him. The agency searched both its Central Records System and its Electronic Surveillance indices for records concerning Brown. After the agency told Brown it had found no records, he appealed to OIP, which confirmed the agency's decision. Brown then filed suit, providing records documenting alleged incidents of surveillance. The agency asked the court to dismiss the case because it had fully responded to his request. The court agreed, noting that "the central premise of Brown's claim for documents is that documents related to his surveillance must existâ€"and have been withheld by the FBIâ€"because the FBI has been monitoring him. However, several of the incidents alleged in the complaint contain no allegations of involvement by the FBI." The court concluded that "Brown's claim is insubstantial. His allegations of surveillance by the FBI have no support. Rather, the record shows that there were no documents for the FBI to withhold."
Issues: Litigation - Jurisdiction - Moot, Adequacy - Search

Date Filed	Doc #	Docket Text
2012-06-29	1	COMPLAINT against U.S. Department of Justice ( Filing fee $ 350 receipt number 14637060281 ), filed by Everton Brown.(dass, Deputy Clerk) (Additional attachment(s) added on 6/29/2012: # 1 civil cover sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 summons) (dass, Deputy Clerk). (Entered: 06/29/2012)
2012-07-09	2	ORDER re service. Signed by Judge William D Quarles, Jr on 7/9/12. (c/m 7/9/12 jnls, Deputy Clerk) (Entered: 07/09/2012)
2012-07-09	3	Summons Issued 60 days as to U.S. Department of Justice, U.S. Attorney and U.S. Attorney General (jnls, Deputy Clerk) (Entered: 07/09/2012)
2012-07-23	4	AFFIDAVIT of Service for second copy of civil complaint mailed first class to U.S. Department of Justice and U.S. Attorney Office, filed by Everton Brown. (dass, Deputy Clerk) (Entered: 07/24/2012)
2012-08-03	5	SUMMONS Returned Executed by Everton Brown as to U.S. Department of Justice; served on U.S. Attorney 7/19/2012, answer due 9/17/2012. (dass, Deputy Clerk) (Entered: 08/06/2012)
2012-09-12	6	MOTION for Extension of Time to File Answer by U.S. Department of Justice Responses due by 10/1/2012 (Castaldi, Lauren) (Entered: 09/12/2012)
2012-09-13	7	ORDER granting 6 Motion for Extension of Time to Answer; U.S. Department of Justice answer due 11/1/2012. Signed by Judge William D Quarles, Jr on 9/13/12. (dass, Deputy Clerk)(c/m 9/13/12) (c/m again 9/24/12-das) Modified on 9/24/2012 (dass, Deputy Clerk). (Entered: 09/13/2012)
2012-09-18	8	MOTION by Everton Brown to Vacate 7 Order extending time for Defendant to answer. (dass, Deputy Clerk) (Entered: 09/18/2012)
2012-09-26	9	MOTION for Special Telephone Notification of all U.S. First Class Mail Correspondence Related to Plaintiff's Complaint by Everton Brown. (Attachments: # 1 Exhibit 1, # 2 Confirmation of Receipt of Motion)(dass, Deputy Clerk) (Entered: 09/26/2012)
2012-10-18	10	AMENDED MOTION for increased notification of all (Court) correspondence related to Plaintiff Complaint re: 9 MOTION for telephone notification of all correspondence related to Plaintiff's complaint by Everton Brown. (Attachments: # 1 proposed affidavit to be used for receipt notification, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 mailing envelope)(dass, Deputy Clerk) (Additional attachment(s) added on 10/19/2012: # 6 Confirmation of Receiving Amended Motion) (dass, Deputy Clerk). (Entered: 10/18/2012)
2012-11-01	11	MOTION to Dismiss , MOTION for Summary Judgment (Motion to Dismiss or for Summary Judgment) by U.S. Department of Justice Responses due by 11/19/2012 (Attachments: # 1 Memorandum in Support of Motion to Dismiss or for Summary Judgment, # 2 Exhibit 1 Declaration of David Hardy, with exhibits, # 3 Exhibit 2 BaltimoreSun.com Article from Oct. 2008)(White, Neil) (Entered: 11/01/2012)
2012-11-01	12	Supplemental Attachment to 10 AMENDED MOTION for increased notification of all correspondence related to Plaintiff Complaint by Everton Brown. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 confirmation)(dass, Deputy Clerk) (Entered: 11/01/2012)
2012-11-01	13	Rule 12/56 letter mailed to pro se plaintiff Everton Brown on 11/2/12. (dass, Deputy Clerk) (Entered: 11/01/2012)
2012-11-02	14	RETURN PLEADING ORDER. Signed by Judge William D Quarles, Jr on 11/2/12. (Attachments: # 1 returned document) (dass, Deputy Clerk) (c/m 11/5/12) (returned document already re-filed as 12 supplement) (Entered: 11/05/2012)
2012-11-14	15	MOTION for Extension of Time to File Response to 11 MOTION to Dismiss MOTION for Summary Judgment (Motion to Dismiss or for Summary Judgment) by Everton Brown (dass, Deputy Clerk) (Entered: 11/15/2012)
2012-11-15	16	MARGINAL ORDER granting 15 Motion for Extension of Time to File Response to 11 MOTION to Dismiss or in the alternative MOTION for Summary Judgment; Responses due by 12/2/2012. Signed by Judge William D Quarles, Jr on 11/15/12. (dass, Deputy Clerk) (c/m 11/15/12-das) (Entered: 11/15/2012)
2012-12-03	17	INTRODUCTION - BIOGRAPHY by Everton Brown (dass, Deputy Clerk) (Entered: 12/05/2012)
2012-12-03	18	MOTION to Compel Defendants to release doucments of investigation improperly withheld by Everton Brown. (INTENDED AS A RESPONSE IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS OR FOR SUMMARY JUDGMENT AND ACKNOWLEGED BY DEFENDANT IN 20 CORRESPONDENCE) (Attachments: # 1 memorandum in support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q*, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W, # 25 Exhibit X, # 26 Exhibit Y, # 27 Exhibit Z) *EXHIBIT Q FILED SEPARATELY IN CD FORMAT ONLY. (AND EXHIBITS 2 -22 FILED AS THEIR OWN ENTRY DUE TO SIZE)(dass, Deputy Clerk) Modified on 12/5/2012 (dass, Deputy Clerk). Modified on 12/10/2012 (das, Deputy Clerk). (Entered: 12/05/2012)
2012-12-03	19	Supplemental Exhibits 2-22 to 18 MOTION to Compel filed by Everton Brown. (Attachments: # 1 Exhibit 3, # 2 Exhibit 4, # 3 Exhibit 5, # 4 Exhibit 6, # 5 Exhibit 7, # 6 Exhibit 8, # 7 Exhibit 9, # 8 Exhibit 10, # 9 Exhibit 11, # 10 Exhibit 12, # 11 Exhibit 13, # 12 Exhibit 14, # 13 Exhibit 15, # 14 Exhibit 16, # 15 Exhibit 17, # 16 Exhibit 18, # 17 Exhibit 19, # 18 Exhibit 20, # 19 Exhibit 21, # 20 Exhibit 22)EXHIBITS 18 AND 22 FILED SEPARATELY IN CD FORMAT ONLY(dass, Deputy Clerk) (Entered: 12/05/2012)
2012-12-07	20	Correspondence re: Plaintiff's Opposition to Defendant's Motion to Dismiss or for Summary Judgment (White, Neil) (Entered: 12/07/2012)
2012-12-17	21	ADDENDUM of Recent Occurrence Connected to 1 Complaint by Everton Brown. (dass, Deputy Clerk) (Entered: 12/17/2012)
2013-02-12	22	MOTION for Summary Judgment by Everton Brown (Attachments: # 1 memorandum in support, # 2 certificate of service, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5)(dass, Deputy Clerk) (Entered: 02/13/2013)
2013-02-28	23	RESPONSE in Opposition re 22 MOTION for Summary Judgment filed by U.S. Department of Justice. Replies due by 3/18/2013. (White, Neil) (Entered: 02/28/2013)
2013-03-18	24	REPLY to Response to 22 MOTION for Summary Judgment filed by Everton Brown. (dass, Deputy Clerk) (Entered: 03/18/2013)
2013-06-12	25	MEMORANDUM OPINION. Signed by Judge William D Quarles, Jr on 6/12/13. (dass, Deputy Clerk) (c/m 6/12/13-das) (Entered: 06/12/2013)
2013-06-12	26	ORDER granting DOJ's 11 Motion to Dismiss for lack of subject matter jurisdiction and for Summary Judgment; denying as moot Brown's 8 Motion to Vacate 7 Order; denying as moot Brown's 9 Motion for special telephone notification ; denying as moot 10 Motion for increased notification ; denying as moot Brown's 18 Motion to Compel; denying as moot Brown's 22 Motion for Summary Judgment; dismissng and closing case. Signed by Judge William D Quarles, Jr on 6/12/13. (dass, Deputy Clerk) (c/m 6/12/13-das) (Entered: 06/12/2013)
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