Skip to content

Case Detail

[Subscribe to updates]
Case TitleGILLIAM v. UNITED STATES DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv00036
Date Filed2014-01-07
Date Closed2017-03-10
JudgeJudge Amit P. Mehta
PlaintiffRANDEE A. GILLIAM
Case DescriptionGilliam requested records concerning any electronic surveillance of himself. After hearing nothing from the agency, Gilliam filed an administrative appeal. The agency responded that if any records existed, they would be protected by Exemption 3 (other statutes). Gilliam appealed that decision, but heard nothing further and filed suit.
Complaint issues: improper withholding, disclosure of non-exempt records, expedited proceedings, attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE Criminal Division, Chief of the FOIA/PA Unit
DefendantUNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY
DefendantSEAN R. O'NEILL OIP Administrator, Sued In His Individual And Official Capacity
DefendantUNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION
DefendantTIMOTHY A. ZIESE OIP Attorney Adviser, Sued In His Individual And Official Capacity
AppealD.C. Circuit 17-5040
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [28]
FOIA Project Annotation: Judge Amit Mehta has ruled that the Justice Department properly withheld records concerning wiretap authorizations for phones used by Randee Gilliam under Exemption 3 (other statutes). Mehta noted that Gilliam's case was the third in a series of nearly-identical cases of individuals involved in a drug conspiracy case in the Western District of Pennsylvania. With the two prior cases already resolved by Judge James Boasberg and Judge Reggie Walton, Mehta found that the Justice Department had responded properly in Gilliam's case as well. Like the two prisoners before him, Gilliam argued that the wiretap authorizations became public during his trial. But Mehta noted that "the transcripts provided by Plaintiff do not show public disclosure of the Title III applications, orders, and authorization memoranda. Further, Plaintiff's receipt of some of those records through discovery in his criminal case did not place them into the public domain for purposes of FOIA Exemption 3." Gilliam challenged the agency's Exemption 5 claims, arguing the agency had improperly engaged in racial discrimination in seeking the wiretaps. But Mehta observed that "Plaintiff has not offered compelling evidence of wrongdoing to vitiate the privilege invoked by DOJ." Gilliam had asked to amend his complaint to add four new counts pertaining to related FOIA requests. Mehta granted his amendment request, noting that "each of them relates to a FOIA request either finally denied by DOJ or made by Plaintiff in December 2013 or thereafter, while Plaintiff moved to amend ten months later in October 2014. Nor will permitting Plaintiff to amend cause Defendant to suffer any discernible prejudice." However, Mehta rejected Gilliam's attempt to make other amendments concerning constitutional tort claims.
Issues: Exemption 3 - Statutory prohibition of disclosure
Opinion/Order [49]
FOIA Project Annotation: Judge Amit Mehta has ruled that the DEA conducted an adequate search for records concerning its investigation of Randee Gilliam for drug trafficking and properly withheld records under Exemption 7 (law enforcement records). Mehta has previously ruled that wiretap authorization records were protected by Exemption 3 (other statutes). The agency had also relied on Exemption 7(A) (interference with ongoing investigation or proceeding), but during the pendency of his FOIA suit, Gilliam accepted a plea agreement, foregoing any further appeal, mooting out the application of Exemption 7(A). The agency also found more records and ultimately disclosed 59 pages, withholding some records under Exemption 7(C) (invasion of privacy concerning law enforcement records), Exemption 7(D) (confidential sources), and Exemption 7(E) (investigative methods and techniques). Gilliam complained that the agency's search was inadequate because it had not turned over certain records. Mehta noted that "plaintiff's speculation that records might exist in a field office does not render the DEA's search inadequate." He added that "here, the DEA searched the computer database that most likely would identify responsive records. Nothing more is required." Gilliam was particularly interested in the shipping label for several FedEx packages he had received. He argued that the labels would not disclose a confidential source's identity. Mehta pointed out, however, that "while that may be true, Plaintiff broadly sought all records relating to the searches [in which his packages were seized], not just the FedEx label. The court has no reason to doubt that such a sweeping request might include information relating to confidential sources."
Issues: Adequacy - Search, Exemption 7(D) - Confidential sources
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-01-071COMPLAINT against KENNETH COURTER, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION AND TIMOTHY A. ZIESE ( Filing fee $ 400, receipt number 4616061537) with Jury Demand filed by RANDEE A. GILLIAM. (Attachments: # 1 Civil Cover Sheet)(rj, ). (Note: Page 34 of Exhibit A Is Missing) (Entered: 01/13/2014)
2014-01-07Summons Issued as to KENNETH COURTER, U.S. Attorney and U.S. Attorney General. (rj, ). (Entered: 01/14/2014)
2014-02-03SUMMONS (2) ISSUED as to SEAN R. O'NEILL, TIMOTHY A. ZIESE. (md, ) (Entered: 02/03/2014)
2014-02-182RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/24/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 2/23/2014.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/24/2014., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION served on 1/24/2014; (jf, ) (Entered: 02/21/2014)
2014-02-253First MOTION for Extension of Time to File an Answer or Other Response to Plaintiff's Complaint by SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, TIMOTHY A. ZIESE (Adebonojo, Kenneth) (Entered: 02/25/2014)
2014-02-28MINUTE ORDER granting 3 defendants' motion for extension of time. Defendants shall file their response to the Complaint by no later than March 26, 2014. Signed by Judge Emmet G. Sullivan on February 28, 2014. (lcegs4) (Entered: 02/28/2014)
2014-02-28Set/Reset Deadlines: Answer due by 3/26/2014. (mac) (Entered: 02/28/2014)
2014-02-28NOTICE: Minute Order dated 2/28/14 mailed to RANDEE A. GILLIAM at court's address of record. (mac) (Entered: 02/28/2014)
2014-03-254MOTION for Extension of Time to File an Answer or Other Response to Plaintiff's Complaint by SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, TIMOTHY A. ZIESE (Adebonojo, Kenneth) (Entered: 03/25/2014)
2014-03-26MINUTE ORDER treating as opposed and granting over opposition 4 defendant's second motion for extension of time. Defendants shall file their response to the Complaint by no later than April 25, 2014. Signed by Judge Emmet G. Sullivan on March 26, 2014. (lcegs4) (Entered: 03/26/2014)
2014-03-27Set/Reset Deadlines: Answer due by 4/25/2014. (mac) (Entered: 03/27/2014)
2014-03-27NOTICE: Minute Order dated 3/26/14 mailed to RANDEE A. GILLIAM at court's address of record. (mac) (Entered: 03/27/2014)
2014-04-025Memorandum in opposition to re 4 MOTION for Extension of Time to File an Answer or Other Response to Plaintiff's Complaint filed by RANDEE A. GILLIAM. (jf, ) (Entered: 04/03/2014)
2014-04-076RESPONSE (OPPOSITION) re 4 MOTION for Extension of Time to File an Answer or Other Response to Plaintiff's Complaint filed by RANDEE A. GILLIAM. "Let this be filed. The Motion is Denied" signed by Judge Emmet G. Sullivan on 04/04/2014 (jf, ) (Entered: 04/07/2014)
2014-04-257ANSWER to 1 Complaint, by SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, TIMOTHY A. ZIESE.(Adebonojo, Kenneth) (Entered: 04/25/2014)
2014-04-288VACATED PURSUANT TO MINUTE ORDER FILED ON 05/02/2014.....ORDER FOR MEET AND CONFER REPORT. Attorney Meet and Confer Conference due by 5/20/2014. Meet & Confer Statement due by 6/6/2014. Signed by Judge Emmet G. Sullivan on 04/28/14. (mac) Modified on 5/5/2014 (jf, ). (Entered: 04/28/2014)
2014-04-28NOTICE: 8 Order mailed to RANDEE A. GILLIAM at court's address of record. (mac) (Entered: 04/28/2014)
2014-05-02MINUTE ORDER. The Court hereby VACATES 8 its Order for Meet and Confer Report. The parties shall file a joint status report, including recommendations for further proceedings and a proposed briefing schedule, by no later than June 6, 2014. In the event that the parties are unable to agree on a joint recommendation, each party shall file an individual recommendation by that time. Signed by Judge Emmet G. Sullivan on May 2, 2014. (lcegs2) (Entered: 05/02/2014)
2014-05-02NOTICE: Minute Order dated 5/2/14 mailed to RANDEE A. GILLIAM at court's address of record. (mac) (Entered: 05/02/2014)
2014-05-139MOTION for recommendations for disclosure by RANDEE A. GILLIAM (jf, ) (Entered: 05/16/2014)
2014-05-2010MOTION for recommendations for disclosure of discovery by RANDEE A. GILLIAM (jf, ) (Entered: 05/21/2014)
2014-06-0611NOTICE of Proposed Briefing Schedule and Opposition to Plaintiff's Motions ECF Nos. 9 and 10 by SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, TIMOTHY A. ZIESE re 9 MOTION for recommendations for disclosure, 10 MOTION for recommendations for disclosure of discovery (Adebonojo, Kenneth) (Entered: 06/06/2014)
2014-06-0612Memorandum in opposition to re 9 MOTION for recommendations for disclosure, 10 MOTION for recommendations for disclosure of discovery filed by SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, TIMOTHY A. ZIESE. (Adebonojo, Kenneth) (Entered: 06/06/2014)
2014-06-11MINUTE ORDER denying 9 , 10 plaintiff's motions for briefing schedules. On May 2, 2014, the Court ordered the parties to submit their recommendations for a proposed briefing schedule by no later than June 6, 2014. Plaintiff submitted 9 his first motion for a briefing schedule on May 13, 2014, which suggested that defendants be required to file a dispositive motion by no later than May 23, 2014. Plaintiff then submitted 10 his second motion for a briefing schedule on May 20, 2014, which suggested that defendants' dispositive motion be due by no later than June 6, 2014. Because the Court gave the parties until June 6, 2014 to file their proposed briefing schedules, these deadlines for the filing of dispositive motions were not reasonable. On June 6, 2014, defendants filed 11 their notice of proposed briefing schedule. The Court finds that defendants' proposal is reasonable and directs the parties to comply with the following briefing schedule: defendants shall file their dispositive motion by no later than August 12, 2014. Plaintiff shall file his opposition to the defendants' motion by no later than September 9, 2014. Defendants shall file their reply in further support of their motion by no later than September 22, 2014. Signed by Judge Emmet G. Sullivan on June 11, 2014. (lcegs2) (Entered: 06/11/2014)
2014-06-12Set/Reset Deadlines: Defendant's Dispositive Motion due by 8/12/2014. Plaintiff's Opposition to Defendant's Dispositive Motion due by 9/9/2014. Defendant's Reply In Support of Dispositive Motion due by 9/22/2014. (mac) (Entered: 06/12/2014)
2014-06-12NOTICE: Minute Order dated 6/11/14 mailed to RANDEE A. GILLIAM at court's address of record. (mac) (Entered: 06/12/2014)
2014-08-0813Final MOTION for Extension of Time to File an Answer or other Response to Plaintiff's Complaint by SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, TIMOTHY A. ZIESE (Adebonojo, Kenneth) (Entered: 08/08/2014)
2014-08-11MINUTE ORDER treating as opposed and granting over objection 13 the government's motion for extension of time. Defendants shall file their dispositive motion by no later than September 12, 2014. Plaintiff shall file his opposition to the defendant's motion by no later than October 10, 2014. Defendants shall file their reply in further support of their motion by no later than October 17, 2014. Further requests for extensions of the briefing schedule will not be granted absent an exceedingly persuasive justification. Signed by Judge Emmet G. Sullivan on August 11, 2014. (lcegs2) (Entered: 08/11/2014)
2014-08-12Set/Reset Deadlines: Defendant Dispositive Motion due by 9/12/2014. Plaintiff Opposition to Defendant's Dispositive Motion due by 10/10/2014. Defendant Reply In Support of Dispositive Motion due by 10/17/2014. (mac) (Entered: 08/12/2014)
2014-08-12NOTICE: Minute Order dated 8/11/14 mailed to RANDEE A. GILLIAM at court's address of record. (mac) (Entered: 08/12/2014)
2014-09-0114NOTICE OF INTENT TO AMEND PLEADINGS TO BIVENS AND SUPPLEMENT PLEADINGSFOR RELIEF IN THIS ACTION by RANDEE A. GILLIAM "Let this be filed" by Judge Emmet G. Sullivan(rdj) (Entered: 09/03/2014)
2014-09-1215MOTION for Summary Judgment by SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, TIMOTHY A. ZIESE (Attachments: # 1 Statement of Facts, # 2 Declaration Attachment A, # 3 Exhibit A-O, # 4 Exhibit O, # 5 Exhibit O)(Adebonojo, Kenneth) (Entered: 09/12/2014)
2014-10-0816MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Summary Judgment by RANDEE A. GILLIAM (Attachments: # 1 Text of Proposed Order)(rdj) (Entered: 10/09/2014)
2014-10-09MINUTE ORDER granting in part and denying in part 16 Mr. Gilliam's request for extension of time and for access to a laptop and copier. Mr. Gilliam's request for extension of time is GRANTED and he shall file his response to 15 the defendants' motion for summary judgment by no later than October 30, 2014. Mr. Gilliam's request for a Court Order granting him access to a laptop and "unlimited access to a[n] office level copier" is DENIED. Mr. Gilliam has identified no basis of authority for the Court to grant such relief. Signed by Judge Emmet G. Sullivan on October 9, 2014. (lcegs2) (Entered: 10/09/2014)
2014-10-09Set/Reset Deadlines: Response to Motion for Summary Judgment due by 10/30/2014. (mac) (Entered: 10/09/2014)
2014-10-09NOTICE: Minute Order dated 10/09/14 mailed to RANDEE A. GILLIAM at court's address of record. (mac) (Entered: 10/09/2014)
2014-10-1417MOTION for Sanctions by RANDEE A. GILLIAM (jf, ) (Entered: 10/15/2014)
2014-10-2718Memorandum in opposition to re 15 MOTION for Summary Judgment filed by RANDEE A. GILLIAM. (Attachments: # 1 Exhibit)(jf, ) (Entered: 10/28/2014)
2014-10-2719MOTION for Leave to File Amended Complaint by RANDEE A. GILLIAM (Attachments: # 1 Exhibit Amended Complaint, # 2 Exhibit to Amended Complaint)(jf, ) (Additional attachment(s) added on 1/9/2015: # 3 Summons) (rdj). (Entered: 10/28/2014)
2014-10-3021MOTION for Additional Time to Provide Amended Complaint Exhibit Copies to all Defendants by RANDEE A. GILLIAM (td, ) (Entered: 10/31/2014)
2014-10-3120First MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment and Opposition to Plaintiff's Motion for Sanctions by SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, TIMOTHY A. ZIESE (Adebonojo, Kenneth) (Entered: 10/31/2014)
2014-10-31MINUTE ORDER treating as opposed and granting over objection 20 defendants' motion for extension of time. Defendants shall file their reply in support of their motion for summary judgment, as well as their opposition to plaintiff's motion for sanctions, by no later than December 12, 2014. Signed by Judge Emmet G. Sullivan on October 31, 2014. (lcegs2) (Entered: 10/31/2014)
2014-11-03Set/Reset Deadlines: Defendat Reply In Support Of Motion for Summary Judgment And Oppostion To Plaintiff's Motion For Sanctions due by 12/12/2014. (mac) (Entered: 11/03/2014)
2014-11-03NOTICE: Minute Order dated 10/31/14 mailed to RANDEE A. GILLIAM at court's address of record. (mac) (Entered: 11/03/2014)
2014-12-1122Final MOTION for Extension of Time to FIle a Reply to Plaintiff's Opposition to Defenadants' Motion for Summary Judgment and Oppostion to Plaintiff's Motion for Sactions and to Amend by SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, TIMOTHY A. ZIESE (Adebonojo, Kenneth) (Entered: 12/11/2014)
2014-12-12MINUTE ORDER treating as opposed and granting over objection 22 defendants' motion for extension of time. Defendants shall file their reply in support of their motion for summary judgment, as well as their opposition to plaintiff's motion for sanctions, by no later than December 31, 2014. Signed by Judge Emmet G. Sullivan on December 12, 2014. (lcegs2) (Entered: 12/12/2014)
2014-12-12Set/Reset Deadlines: Defendants Reply In Support Of Their Motion for Summary Judgment, As Well As Their Ooppostion To Plaintiff's Motion For Sanctions due by 12/31/2014. (mac) (Entered: 12/12/2014)
2014-12-12NOTICE: Minute Order dated 12/12/14 mailed to RANDEE A. GILLIAM at court's address of record. (mac) (Entered: 12/12/2014)
2014-12-30Case reassigned to Judge Amit P. Mehta. Judge Emmet G. Sullivan no longer assigned to the case. (ztnr, ) (Entered: 12/30/2014)
2014-12-3123MOTION for Extension of Time to File Defendants' Reply and Opposition to Plaintiff's Motion for Sanctions by SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, TIMOTHY A. ZIESE (Adebonojo, Kenneth) (Entered: 12/31/2014)
2015-01-2724Final MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Motion to Amend by SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, TIMOTHY A. ZIESE (Adebonojo, Kenneth) (Entered: 01/27/2015)
2015-01-3025REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, TIMOTHY A. ZIESE. (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 01/30/2015)
2015-02-02NOTICE OF ERROR re 25 Reply to opposition to Motion; emailed to kenneth.adebonojo@usdoj.gov, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. FYI: Counsel is reminded that an opposition must be filed as a separate docket event (zrdj, ) (Entered: 02/02/2015)
2015-02-04MINUTE ORDER granting, nunc pro tunc to December 30, 2014, 23 Motion for Extension of Time to File Defendants' Reply and Opposition to Plaintiff's Motion for Sanctions; and nunc pro tunc to January 26, 2015, 24 Final Motion for Extension of Time to File a Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Motion to Amend. Signed by Judge Amit P. Mehta on 02/04/2015. (lcapm3) (Entered: 02/04/2015)
2015-03-0226MOTION for Leave to File SECOND AMENDED COMPLAINT) by RANDEE A. GILLIAM (Attachments: # 1 Text of Proposed Order, # 2 Exhibit SECOND AMENDED COMPLAINT)(rdj) (Entered: 03/04/2015)
2015-03-2327Memorandum in opposition to re 26 MOTION for Leave to File filed by SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, TIMOTHY A. ZIESE. (Adebonojo, Kenneth) (Entered: 03/23/2015)
2015-09-0128MEMORANDUM OPINION AND ORDER re: 15 Motion for Summary Judgment; 17 Motion for Sanctions; 19 26 Motions for Leave to File Amended Complaints; and 21 Motion for Additional Time. Signed by Judge Amit P. Mehta on 09/01/2015. (lcapm3) (Entered: 09/01/2015)
2015-09-01Set/Reset Deadlines/Hearings: DOJ's Summary Judgment motion due by 10/8/2015. Response to Motion for Summary Judgment due by 11/9/2015. Reply to Motion for Summary Judgment due by 12/2/2015. (cdw) (Entered: 09/02/2015)
2015-10-0729First MOTION for Extension of Time to File Defendants' Second Motion for Summary Judgment by SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, TIMOTHY A. ZIESE (Adebonojo, Kenneth) (Entered: 10/07/2015)
2015-10-09MINUTE ORDER granting, nunc pro tunc to October 8, 2015, 29 First Motion for Extension of Time to File Defendants' Second Motion for Summary Judgment. It is further ordered that Defendants' Second Motion for Summary Judgment is to be filed on or before November 9, 2015. Signed by Judge Amit P. Mehta on 10/09/2015. (lcapm1) (Entered: 10/09/2015)
2015-10-09Set/Reset Deadlines: Second Motion for Summary Judgment due by 11/9/2015. (zmm) (Entered: 10/09/2015)
2015-11-0730MOTION for Extension of Time to File Defendants' Second Motion for Summary Judgment by SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, TIMOTHY A. ZIESE (Adebonojo, Kenneth) (Entered: 11/07/2015)
2015-11-10MINUTE ORDER granting, nunc pro tunc to November 9, 2015, 30 Defendants' Motion for Extension of Time. On or before December 1, 2015, Defendants shall file their Second Motion for Summary Judgment. No further extensions shall be granted absent extraordinary circumstances. Signed by Amit P. Mehta on 11/10/2015. (lcapm3) (Entered: 11/10/2015)
2015-11-10Set/Reset Deadlines/Hearings: Defendants second Summary Judgment motion due by 12/1/2015. (cdw) (Entered: 11/12/2015)
2015-12-0131Final MOTION for Extension of Time to File Defendants' Second Motion for Summary Judgment by SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, TIMOTHY A. ZIESE (Adebonojo, Kenneth) (Entered: 12/01/2015)
2015-12-03MINUTE ORDER granting 31 Defendants' Motion to Enlarge Time. Defendants shall file their Second Motion for Summary Judgment on or before December 8, 2015; Plaintiff shall file his Opposition on or before January 13, 2016; and Defendants shall file their Reply on or before February 1, 2016. No further extensions shall be granted absent extraordinary circumstances. Signed by Judge Amit P. Mehta on 12/03/2015. (lcapm3) (Entered: 12/03/2015)
2015-12-03Set/Reset Deadlines/Hearings: Defendants Second Motion for Summary Judgment due by 12/8/2015. Response to Motion for Summary Judgment due by 1/13/2016. Reply to Motion for Summary Judgment due by 2/1/2016. (cdw) (Entered: 12/03/2015)
2015-12-0832MOTION for Summary Judgment by SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, TIMOTHY A. ZIESE (Attachments: # 1 Statement of Facts, # 2 Appendix 1-2, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Adebonojo, Kenneth) (Entered: 12/08/2015)
2015-12-0933MOTION to Dismiss by SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, TIMOTHY A. ZIESE (Adebonojo, Kenneth) (Entered: 12/09/2015)
2015-12-1634ORDER directing Plaintiff to respond to 32 Defendants' Motion for Summary Judgment and 33 Defendants' Motion to Dismiss on or before January 18, 2016. If Plaintiff neither responds to the motions nor files a motion for additional time in which to respond, the court may treat the motions as conceded and render a judgment in favor of Defendants. Please see attached Order for additional details. Signed by Judge Amit P. Mehta on 12/16/2015. (lcapm3) (Entered: 12/16/2015)
2015-12-16Set/Reset Deadlines/Hearings: Response to 32 Motion for Summary Judgment due by 1/18/2016. Response to 33 due by 1/18/2016. (cdw) (Entered: 12/16/2015)
2016-01-1935MOTION to Continue Discovery by RANDEE A. GILLIAM (jf) (Entered: 01/21/2016)
2016-01-2936First MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendants' Second Motion for Summary Judgment by SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, TIMOTHY A. ZIESE (Adebonojo, Kenneth) (Entered: 01/29/2016)
2016-02-01MINUTE ORDER granting 36 Motion to Enlarge Time. Defendants shall file a Reply to Plaintiff's Opposition to their Second Motion for Summary Judgment on or before March 1, 2016. Signed by Judge Amit P. Mehta on 02/01/2016. (lcapm3) (Entered: 02/01/2016)
2016-02-01Set/Reset Deadlines: Defendants' Reply to Plaintiff's Opposition to Second Motion for Summary Judgment due by 3/1/2016. (tg) (Entered: 02/01/2016)
2016-02-0437ERRATA to Opposition to Motion for Summary Judgment by RANDEE A. GILLIAM. "LET THIS BE FILED" by Judge Amit P. Mehta (zrdj) (Entered: 02/05/2016)
2016-03-0138MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendants' Second Motion for Summary Judgment by SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, TIMOTHY A. ZIESE (Adebonojo, Kenneth) (Entered: 03/01/2016)
2016-03-03MINUTE ORDER granting, nunc pro tunc to March 1, 2016, 38 Motion to Enlarge Time. Defendants shall file a Reply to Plaintiff's Opposition to their Second Motion for Summary Judgment on or before March 3, 2016. Signed by Judge Amit P. Mehta on 03/03/2016. (lcapm3) (Entered: 03/03/2016)
2016-03-0339REPLY to opposition to motion re 32 MOTION for Summary Judgment , 33 MOTION to Dismiss filed by SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, TIMOTHY A. ZIESE. (Adebonojo, Kenneth) (Entered: 03/03/2016)
2016-08-23MINUTE ORDER: The court has learned that Plaintiff Randee A. Gilliam recently pleaded guilty, has been sentenced, and did not file an appeal in the criminal case against him in the Western District of Pennsylvania. See 2:12-cr-00093-TFM-1, ECF Nos. 753, 845. The DEA, in this case, invoked FOIA Exemption 7(A) to withhold all 25 pages of responsive materials it located. In Citizens for Responsibility & Ethics in Washington (CREW) v. U.S. Dep't of Justice, the Court of Appeals stated that "Exemption 7(A) is temporal in nature. The proceeding must remain pending at the time of our decision, not only at the time of the initial FOIA request. Thus, reliance on Exemption 7(A) may become outdated when the proceeding at issue comes to a close." 746 F.3d 1082, 1097 (D.C. Cir. 2014). In light of the recent developments in Plaintiff's criminal case, and the Court of Appeals' decision in CREW, Defendants are directed to advise the court no later than August 31, 2016, (1) whether they intend to withdraw the invocation of Exemption 7(A), (2) whether any records can now be released to Plaintiff, and (3) to what extent Defendants will persist in invoking other exemptions to withhold any or all responsive records. If Defendants intend to invoke any other exemptions, they should file a Vaughn index that associates the records withheld with the specific exemption invoked. Signed by Judge Amit P. Mehta on 08/23/2016. (lcapm3) (Entered: 08/23/2016)
2016-08-3140First MOTION for Extension of Time to File a Response to the Court's Minute Order dated August 23, 2016 by SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, TIMOTHY A. ZIESE (Adebonojo, Kenneth) (Entered: 08/31/2016)
2016-09-01MINUTE ORDER granting in part and denying in part 40 Defendant's Motion for Extension of Time to File a Response to the Court's Minute Order Dated August 23, 2016. The court will grant Defendant an additional two weeks, until September 15, 2016, to respond to the court's minute order. Given the modest volume of responsive records at issue--25 pages of material, according to paragraph 34 of the Myrick Declaration--the court is confident that Defendant can respond within two weeks. Furthermore, the court intends to resolve Defendant's motion shortly after receiving Defendant's response. Signed by Judge Amit P. Mehta on 09/01/2016. (lcapm3) (Entered: 09/01/2016)
2016-09-01Set/Reset Deadlines: Defendant's Response To The Court's Minute Order due by 9/15/2016. (mac) (Entered: 09/01/2016)
2016-09-1541RESPONSE TO ORDER OF THE COURT re Order,,,,, filed by SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, TIMOTHY A. ZIESE. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Adebonojo, Kenneth) (Entered: 09/15/2016)
2016-09-1542NOTICE of Change of Address by RANDEE A. GILLIAM (jd) (Entered: 09/21/2016)
2016-09-20MINUTE ORDER: In view of Defendant's response to the court's minute order dated August 23, 2016, this matter is stayed--including the court's consideration of Defendant's pending motion for summary judgment--until further order of the court. Not later than October 31, 2016, Defendant shall submit a supplemental declaration and/or briefing that addresses recent developments in this case. Based on the Defendant's submission, the court will determine whether an additional submission from Plaintiff will be necessary. Signed by Judge Amit P. Mehta on 09/20/2016. (lcapm3) (Entered: 09/20/2016)
2016-09-20Set/Reset Deadlines/Hearings: Defendant's supplemental declaration and/or briefing due by 10/31/2016. Case Stayed. (cdw) (Entered: 09/20/2016)
2016-09-2343Mail Returned as undeliverable sent to RANDEE A. GILLIAM. Type of Document Returned: Court's Orders of 8/23/2016 and 9/1/2016. Resent to new address of record supplied by the plaintiff. (cdw) (Entered: 09/23/2016)
2016-10-3144MOTION for Extension of Time to File Defendants' Supplemental Declaration and/or Briefing by SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, TIMOTHY A. ZIESE (Adebonojo, Kenneth) (Entered: 10/31/2016)
2016-11-01MINUTE ORDER granting 44 Motion for Extension of Time to File Defendants' Supplemental Declaration and/or Briefing. Defendants shall submit a supplemental declaration and/or briefing that addresses recent developments in this case on or before November 23, 2016. Based on the Defendants' submission, the court will determine whether an additional submission from Plaintiff will be necessary. Signed by Judge Amit P. Mehta on 11/1/2016. (lcapm3) (Entered: 11/01/2016)
2016-11-2345SUPPLEMENTAL MEMORANDUM to re 32 MOTION for Summary Judgment , 33 MOTION to Dismiss filed by SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, TIMOTHY A. ZIESE. (Attachments: # 1 Exhibit V and W)(Adebonojo, Kenneth) (Entered: 11/23/2016)
2016-12-0546ORDER directing Plaintiff to respond to 45 Defendants' Supplemental Memorandum in Support of Defendants' Pending Motion for Summary Judgment on or before January 4, 2017. If Plaintiff neither responds nor files a motion for additional time in which to respond, the court may treat Defendants' Motion for Summary Judgment as conceded and render a judgment in favor of Defendants. Please see attached Order for additional details. Signed by Judge Amit P. Mehta on 12/05/2016. (lcapm3) (Entered: 12/05/2016)
2016-12-05Set/Reset Deadlines/Hearings: Response to Supplemental Memorandum in support of Motion for Summary Judgment or Motion for extension of time due by 1/4/2017. (cdw) (Entered: 12/06/2016)
2017-01-0647RESPONSE re 45 SUPPLEMENTAL MEMORANDUM to re 32 MOTION for Summary Judgment, 33 MOTION to Dismiss filed by RANDEE A. GILLIAM. "Let this be filed" signed by Judge Amit P. Mehta on 01/06/2017 (jf) (Entered: 01/06/2017)
2017-01-09MINUTE ORDER. The court hereby lifts the stay in this matter. Signed by Judge Amit P. Mehta on 01/09/2017. (lcapm3) (Entered: 01/09/2017)
2017-02-15MINUTE ORDER. According to Defendants' Supplemental Memorandum, ECF No. 45, a second declaration from Katherine L. Myrick is attached as Exhibit A, id. at 2. However, the docket entry for the Supplemental Memorandum does not contain an Exhibit A either as an attachment to the Memorandum or as an exhibit. Defendants are directed to file the second declaration from Katherine Myrick no later than February 17, 2017. Signed by Judge Amit P. Mehta on 02/15/2017. (lcapm3) (Entered: 02/15/2017)
2017-02-1648NOTICE Of Filing of Exhibit A to the Supplemental Memorandum in Support of Defendants' Motion for Summary Judgment by SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF JUSTICE CRIMINAL DIVISION, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, TIMOTHY A. ZIESE re 45 Supplemental Memorandum, (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 02/16/2017)
2017-02-2249MEMORANDUM OPINION re: 32 Defendants' renewed Motion for Summary Judgment. See attached Memorandum Opinion for additional details. Signed by Judge Amit P. Mehta on 02/22/2017. (lcapm3) (Entered: 02/22/2017)
2017-02-2250ORDER granting 32 Defendants' renewed Motion for Summary Judgment. See attached Order for additional details. Signed by Judge Amit P. Mehta on 02/22/2017. (lcapm3) (Entered: 02/22/2017)
2017-03-0651NOTICE OF APPEAL as to 50 Order, 49 Memorandum & Opinion by RANDEE A. GILLIAM. Fee Status: No Fee Paid. Parties have been notified. (zrdj) (Entered: 03/08/2017)
2017-03-0852Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court re 51 Notice of Appeal. (zrdj) (Entered: 03/08/2017)
2017-03-09USCA Case Number 17-5040 for 51 Notice of Appeal filed by RANDEE A. GILLIAM. (td) (Entered: 03/09/2017)
Hide Docket Events
by FOIA Project Staff