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Case TitleBORDA v. EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv00229
Date Filed2014-02-18
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffCHRISTIAN BORDA
Case DescriptionChristian Borda, a federal prisoner, submitted three requests to the Executive Office for U.S. Attorneys for records concerning his criminal conviction. Although return receipts indicated the agency had received the requests, it failed to acknowledge any of them. Borda then filed suit.
Complaint issues: improper withholding, enjoin agency from failing to respond to requests, finding that agency's behavior is arbitrary and capricious, referral to Merit Systems Protection Board for sanctions, fees, compensatory damages

DefendantEXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [21]
FOIA Project Annotation: Judge Randolph Moss has ruled that EOUSA has failed to show that it conducted an adequate search for three requests submitted by Christian Borda for records about grand juries that were convened in the District Court for the District of Columbia. Borda, a federal prisoner, filed suit alleging the EOUSA had not responded to his requests. The agency filed a motion for summary judgment and Borda responded by trying to amend his complaint. After Moss told Borda that he could not amend his complaint without first filing a motion to amend, Borda did so. Borda failed to respond to the agency's summary judgment motion and the agency failed to respond to Borda's motion to amend. Moss initially granted Borda's motion to amend, noting that "Plaintiff's apparent and reasonable belief that he was entitled to amendment as of right may constitute grounds for excusing Plaintiff's failure timely to file an opposition." Moss then went on to explain that EOUSA's motion for summary judgment was so far completely inadequate. The initial agency affidavit showed only that EOUSA had received one of Borda's requests. A supplemental affidavit from a paralegal in the U.S. Attorney's Office for the District of Columbia indicated that the grand juries Borda was asking about were convened by the Criminal Division and that EOUSA did not have any records. Moss pointed out that "without an additional declaration demonstrating that a search was conducted of records maintained by the Criminal Division, there is no evidentiary basis for the Court to conclude that EOUSA has searched 'all files likely to contain responsive records.' Because the EOUSA's evidence‚Ä"even taken as undisputed‚Ä"does not establish that it conducted a search that was reasonably calculated to discover the documents Plaintiff requested [in one of his request], EOUSA is not entitled to summary judgment as to that request."
Issues: Adequacy - Search
Opinion/Order [37]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-02-181COMPLAINT against EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY ( Filing fee $ 400, receipt number 4616062157) filed by CHRISTIAN BORDA. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(rc) (Entered: 02/20/2014)
2014-03-042MOTION for waiver of service of summons by CHRISTIAN BORDA (td, ) (Entered: 03/14/2014)
2014-08-223ORDER regarding service of process. See text of Order for details. Signed by Judge John D. Bates on August 22, 2014. (lcjdb1) (Entered: 08/22/2014)
2014-08-25Set/Reset Deadlines: Time to effectuate service upon party due by 9/22/2014. (tb, ) (Entered: 08/25/2014)
2014-09-054MOTION for Extension of Time/notice of service of summons by CHRISTIAN BORDA (td, ) (Entered: 09/08/2014)
2014-09-08MINUTE ORDER: Upon consideration of 4 plaintiff's motion for extension of time to effectuate service, it is hereby ORDERED that plaintiff's motion is GRANTED; and it is further ORDERED that plaintiff shall either (1) file with the Court proof that defendant has been properly served under Rule 4(i), or (2) provide the Court with a written explanation as to why service of process has not been completed, by not later than October 22, 2014. If plaintiff fails to comply with this Order, or if the Court determines that plaintiff has not shown good cause for the failure to complete service in compliance with Rule 4(m), this case may be dismissed without prejudice. SO ORDERED. Signed by Judge John D. Bates on 9/8/14. (lcjdb1) (Entered: 09/08/2014)
2014-10-175AFFIDAVIT by CHRISTIAN BORDA; ("Let this be filed" by Judge John D. Bates) (td, ) (Entered: 10/17/2014)
2014-10-20SUMMONS (3) Issued Electronically as to EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, U.S. Attorney and U.S. Attorney General. (md, ) (Entered: 10/20/2014)
2014-10-236Second MOTION for Extension of Time to notice of service of summons by CHRISTIAN BORDA (td, ) (Entered: 10/24/2014)
2014-10-28MINUTE ORDER: Upon consideration of 6 plaintiff's motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is DENIED AS MOOT. The clerk's office has already issued the summons to the defendant, so no extension of time is necessary. It is further ORDERED that the Clerk of Court shall mail an updated docket sheet to Mr. Borda at the address listed on the docket. SO ORDERED. Signed by Judge John D. Bates on 10/28/14. (lcjdb1) (Entered: 10/28/2014)
2014-10-307AFFIDAVIT of Service by CHRISTIAN BORDA. (td, ) (Entered: 10/31/2014)
2014-11-20Case randomly reassigned to Judge Randolph D. Moss. Judge John D. Bates no longer assigned to the case. (zgt, ) (Entered: 11/20/2014)
2014-12-048MOTION for Extension of Time to by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Anderson, Rafique) (Entered: 12/04/2014)
2015-01-099Second MOTION for Extension of Time to PLAINTIFFS COMPLAINT by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Anderson, Rafique) (Entered: 01/09/2015)
2015-01-10MINUTE ORDER: Upon consideration of Defendant's Second Motion for Extension of Time to respond to Plaintiff's Complaint 9 , it is hereby ORDERED that the motion is granted. Defendant shall respond to Plaintiff's Complaint on or before February 6, 2015. No further extension of time to respond to the Complaint shall be granted absent extraordinary circumstances. Defendant's First Motion for Extension of Time to respond to Plaintiff's Complaint 8 is denied as moot. Signed by Judge Randolph D. Moss on 1-10-15. (lcrdm1, ) (Entered: 01/10/2015)
2015-01-12Set/Reset Deadline: The Defendant shall respond to Plaintiff's Complaint on or before 2/6/2015. (kt) (Entered: 01/12/2015)
2015-02-0610MOTION for Summary Judgment by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Anderson, Rafique) (Entered: 02/06/2015)
2015-02-1211ORDER: Plaintiff shall respond to Defendant's Motion for Summary Judgment on or before March 13, 2015. See attached order for details. Signed by Judge Randolph D. Moss on February 12, 2015. (lcrdm3, ) (Entered: 02/12/2015)
2015-02-13Set/Reset Deadline: Plaintiff shall respond to Defendant's Motion for Summary Judgment on or before 3/13/2015. (kt) (Entered: 02/13/2015)
2015-03-0212MOTION For Status Update by CHRISTIAN BORDA (rdj) (Entered: 03/04/2015)
2015-03-11MINUTE ORDER: Upon consideration of Plaintiff's Motion for Status Update 12 , it is hereby ORDERED that Defendant shall serve or, in the event service was previously attempted, re-serve its Motion for Summary Judgment 10 on or before March 13, 2015. It is further ORDERED that the deadline for Plaintiff's opposition to Defendant's Motion for Summary Judgment is extended to and including April 20, 2015. If there are any other docket entries Plaintiff has not received, he shall submit a notice to the Court identifying such entries on or before March 23, 2015. Signed by Judge Randolph D. Moss on March 11, 2015. (lcrdm3, ) (Entered: 03/11/2015)
2015-03-11Set/Reset Deadlines: Defendant shall serve or, in the event service was previously attempted, re-serve its Motion for Summary Judgment 10 on or before 3/13/2015; Plaintiff's opposition to Defendant's Motion for Summary Judgment is extended to and including 4/20/2015; If there are any other docket entries Plaintiff has not received, he shall submit a notice to the Court identifying such entries on or before 3/23/2015. (kt) (Entered: 03/11/2015)
2015-03-2613NOTICE of Appearance by Rafique Omar Anderson on behalf of EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Anderson, Rafique) (Entered: 03/26/2015)
2015-03-3014MOTION to Compel disclosure by CHRISTIAN BORDA (td, ) (Entered: 04/01/2015)
2015-04-0215ERRATA TO INCLUDE KARIN KELLY DECLARATION by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY 10 MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Attachments: # 1 Exhibit Karin Kelly declaration)(Anderson, Rafique) (Entered: 04/02/2015)
2015-04-0916Second MOTION for Status Update by CHRISTIAN BORDA (td, ) (Entered: 04/10/2015)
2015-04-1617MOTION for Extension of Time by CHRISTIAN BORDA (td, ) (Entered: 04/17/2015)
2015-04-17MINUTE ORDER: Upon consideration of Plaintiff's Motion for Enlargement of Filing Deadline, it is hereby ORDERED that the motion is GRANTED. Plaintiff shall file his opposition to Defendant's motion for summary judgment on or before May 18, 2015. Signed by Judge Randolph D. Moss on April 17, 2015. (lcrdm3, ) (Entered: 04/17/2015)
2015-04-17Set/Reset Deadline: Plaintiff shall file his opposition to Defendant's motion for summary judgment on or before by 5/18/2015. (kt) (Entered: 04/17/2015)
2015-04-2218NOTICE of Appearance by Jodi George on behalf of EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (George, Jodi) (Entered: 04/22/2015)
2015-05-06MINUTE ORDER: Defendant's notice of appearance 13 included a certificate of service that incorrectly identified the notice of appearance as a motion for enlargement of time. Defendant did not in fact file any motion for enlargement of time with the Court. For this reason, it is hereby ORDERED that Plaintiff's second motion for status update 16 --which requested that Defendant serve the purported motion for enlargement of time or clarify its position--is DENIED as moot. It is further ordered that, in light the representations in Plaintiff's motion for extension of time 17 , Plaintiff's motion to compel disclosure 14 is DENIED as moot. Signed by Judge Randolph D. Moss on May 6, 2015. (lcrdm3, ) (Entered: 05/06/2015)
2015-05-0719NOTICE OF SUBSTITUTION OF COUNSEL by Stephanie Nicole Liaw on behalf of EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY Substituting for attorney Jodi George (Liaw, Stephanie) (Entered: 05/07/2015)
2015-05-21MINUTE ORDER: Plaintiff has submitted an amended complaint to the Court. However, Plaintiff has not filed a motion for leave to amend, and the period for amendment as a matter of course pursuant to Federal Rule of Civil Procedure 15(a)(1) has elapsed. Plaintiff is therefore ORDERED to file a motion seeking leave to file the proposed amended complaint on or before June 22, 2015. Absent a motion for leave to amend and an order from the Court finding that leave to amend is appropriate, the proposed amended complaint submitted by Plaintiff will not be filed. Signed by Judge Randolph D. Moss on May 21, 2015. (lcrdm3, ) (Entered: 05/21/2015)
2015-05-21Set/Reset Deadline: Plaintiff to file a motion seeking leave to file the proposed amended complaint on or before 6/22/2015. (kt) (Entered: 05/21/2015)
2015-06-0520MOTION to Amend/Correct 1 Complaint by CHRISTIAN BORDA (td) (Entered: 06/08/2015)
2015-08-2821MEMORANDUM OPINION AND ORDER: Defendant's motion for summary judgment 10 is DENIED. Plaintiff's motion for leave to amend 20 is GRANTED. Plaintiff's amended complaint shall be FILED. See Order for details. Signed by Judge Randolph D. Moss on August 28, 2015. (lcrdm3, ) (Entered: 08/28/2015)
2015-08-2822AMENDED COMPLAINT against EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY filed by CHRISTIAN BORDA.(zrdj) (Entered: 09/02/2015)
2015-09-0823First MOTION for Extension of Time to File Answer re 22 Amended Complaint by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Liaw, Stephanie) (Entered: 09/08/2015)
2015-09-10MINUTE ORDER: Upon consideration of Defendant's motion for enlargement of time 23 , it is hereby ORDERED that the motion is GRANTED. Defendant shall respond to Plaintiff's amended complaint on or before October 26, 2015. Signed by Judge Randolph D. Moss on September 10, 2015. (lcrdm3, ) (Entered: 09/10/2015)
2015-09-10Set/Reset Deadline: Defendant shall respond to Plaintiff's amended complaint on or before 10/26/2015. (kt) (Entered: 09/10/2015)
2015-10-2224Second MOTION for Extension of Time to File Answer or Otherwise Respond to Amended Complaint by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Liaw, Stephanie) (Entered: 10/22/2015)
2015-10-28MINUTE ORDER: Upon consideration of Defendant's Second Motion for Enlargement of Time 24 , it is hereby ORDERED that the motion is GRANTED. The Defendant may respond to the Amended Complaint 22 on or before December 28, 2015. Signed by Judge Randolph D. Moss on 10/28/2015. (lcrdm3, ) (Entered: 10/28/2015)
2015-10-29Set/Reset Deadline: The Defendant may respond to the Amended Complaint 22 on or before 12/28/2015. (kt) (Entered: 10/29/2015)
2015-11-1925ENTERED IN ERROR.....NOTICE OF SUBSTITUTION OF COUNSEL by Caitlin O'Leary Trujillo on behalf of All Defendants Substituting for attorney Stephanie Liaw (Trujillo, Caitlin) Modified on 11/20/2015 (znmw). (Entered: 11/19/2015)
2015-11-20NOTICE OF ERROR re 25 Substitution of Counsel; emailed to ctrujillo@usa.doj.gov, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Please refile document, 3. Entered in error; Incorrect case number; Please refile. (znmw, ) (Entered: 11/20/2015)
2015-11-2426NOTICE OF SUBSTITUTION OF COUNSEL by Caitlin O'Leary Trujillo on behalf of All Defendants Substituting for attorney Stephanie Liaw (Trujillo, Caitlin) (Entered: 11/24/2015)
2015-12-1827MOTION for Extension of Time to File Answer or Dispositive Motion by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 12/18/2015)
2015-12-28MINUTE ORDER: Upon consideration of the Defendant's Motion for Enlargement of Time 27 , it is hereby ORDERED that the motion is GRANTED. Defendant shall respond to the complaint on or before January 5, 2016. It is further ORDERED that any additional requests for an extension of time to respond to the complaint shall be accompanied by an affidavit by the Defendant's attorney explaining the extraordinary circumstances that necessitate further delay. Signed by Judge Randolph D. Moss on 12/28/2015. (lcrdm3, ) (Entered: 12/28/2015)
2015-12-28Set/Reset Deadline: Defendant shall respond to the complaint on or before 1/5/2016. (kt) (Entered: 12/28/2015)
2016-01-0528Second MOTION for Summary Judgment by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Defendant's Statement of Material Facts Not in Dispute, # 2 Memorandum of Points and Authorities In Support of Defendant's Motion for Summary Judgment, # 3 Declaration of John Cunningham, # 4 Exhibit s (1-4), # 5 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 01/05/2016)
2016-02-2529MOTION for Extension of Time to File Response/Reply as to 28 Second MOTION for Summary Judgment by CHRISTIAN BORDA (td) (Entered: 02/26/2016)
2016-03-01MINUTE ORDER: Upon consideration of Plaintiff Borda's motion for extension of time 29 , it is hereby ORDERED that the motion is GRANTED. Plaintiff may file a response to Defendant's second motion for summary judgment 28 on or before March 31, 2016. Signed by Judge Randolph D. Moss on 3/1/2016. (lcrdm3, ) (Entered: 03/01/2016)
2016-03-0130ORDER: Plaintiff Borda shall respond to Defendant's Motion to Dismiss 28 on or before March 31, 2016. See attached document for details. Signed by Judge Randolph D. Moss on 3/1/2016. (lcrdm3, ) (Entered: 03/01/2016)
2016-03-01Set/Reset Deadlines: Plaintiff may file a response to Defendant's second motion for summary judgment 28 on or before 3/31/2016; Plaintiff Borda shall respond to Defendant's Motion to Dismiss 28 on or before 3/31/2016. (kt) (Entered: 03/01/2016)
2016-04-0431Memorandum in opposition to re 28 Second MOTION for Summary Judgment filed by CHRISTIAN BORDA. (zrdj) (Entered: 04/06/2016)
2016-04-1432MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 04/14/2016)
2016-04-14MINUTE ORDER: Upon consideration of Defendant's motion for extension of time 32 it is hereby ORDERED that the motion is GRANTED. Defendant may file its reply on or before April 28, 2016. Signed by Judge Randolph D. Moss on 4/14/2016. (lcrdm3, ) (Entered: 04/14/2016)
2016-04-15Set/Reset Deadline: Defendant may file its reply on or before 4/28/2016. (kt) (Entered: 04/15/2016)
2016-04-2833REPLY to opposition to motion re 28 Second MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Attachments: # 1 Declaration of John Cunningham (supplemental))(Trujillo, Caitlin) (Entered: 04/28/2016)
2016-05-1134NOTICE OF SUBSTITUTION OF COUNSEL by Michael Benjamin Posner on behalf of EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY Substituting for attorney Caitlin O'Leary Trujillo (Posner, Michael) (Entered: 05/11/2016)
2016-11-0135NOTICE OF SUBSTITUTION OF COUNSEL by Christopher Charles Hair on behalf of EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY Substituting for attorney Michael B. Posner (Hair, Christopher) (Entered: 11/01/2016)
2017-02-2336NOTICE of Change of Address by CHRISTIAN BORDA (zrdj) (Entered: 02/27/2017)
2017-03-2837MEMORANDUM OPINION: The Court will GRANT in part and DENY in part the Department's renewed motion for summary judgment, Dkt. 28 . See attached document for details. A separate Order 38 will issue. Signed by Judge Randolph D. Moss on 3/28/2017. (lcrdm1, ) (Entered: 03/28/2017)
2017-03-2838ORDER: For the reasons stated in the Court's concurrently issued Memorandum Opinion, Dkt. 37 , the Court hereby ORDERS that: (1) The Department's renewed motion for summary judgment, Dkt. 28 , is hereby GRANTED in part and DENIED in part; (2) On or before April 25, 2017, the Department may file a renewed motion for summary judgment addressing the issues identified in the Court's Opinion, accompanied by--if necessary--a supplemental declaration and supplemental Vaughn index; (3) On or before April 25, 2017, the Department shall produce unredacted versions of Documents 1-4 for ex parte, in camera review by the Court. Signed by Judge Randolph D. Moss on 3/28/2017. (lcrdm1, ) (Entered: 03/28/2017)
2017-03-29Set/Reset Deadlines: On or before 4/25/2017, the Department may file a renewed motion for summary judgment, accompanied by--if necessary--a supplemental declaration and supplemental Vaughn index; On or before 4/25/2017, the Department shall produce unredacted versions of Documents 1-4 for ex parte, in camera review by the Court. (kt) (Entered: 03/29/2017)
2017-04-2139MOTION for Extension of Time to File Renewed Motion for Summary Judgment and Submit Documents for Ex Parte In Camera Review by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Hair, Christopher) (Entered: 04/21/2017)
2017-04-25MINUTE ORDER: Upon consideration of Defendant's Motion for Extension of Time to File Its Renewed Motion for Summary Judgment and to Submit Documents for Ex Parte In Camera Review 39 , the motion is hereby GRANTED. Defendant may file a renewed motion for summary judgment, and shall submit the unredacted versions of the four plea agreements for ex parte, in camera review, on or before June 9, 2017. Signed by Judge Randolph D. Moss on 4/25/2017. (lcrdm3, ) (Entered: 04/25/2017)
2017-04-25Set/Reset Deadlines: Defendant may file a renewed motion for summary judgment, and shall submit the unredacted versions of the four plea agreements for ex parte, in camera review, on or before 6/9/2017. (kt) (Entered: 04/25/2017)
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