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Case TitlePATINO-RESTREPO v. UNITED STATES DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv01866
Date Filed2014-11-03
Date Closed2017-04-04
JudgeJudge Tanya S. Chutkan
PlaintiffCARLOS ARTURO PATINO-RESTREPO
Case DescriptionCarlos Arturo Patino-Restrepo, a federal prisoner, submitted FOIA requests to the Department of Justice, the Department of State, and the Department of Homeland Security for records concerning his criminal case. The Bureau of Prisons and the Department of State acknowledged receipt of his request, and State asked him to narrow the scope of his request. He did not hear anything in response to his requests to the Executive Office for U.S. Attorneys and U.S. Immigration and Customs Enforcement. After hearing nothing further from any agency concerning his request, Patino-Restrepo filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantFEDERAL BUREAU OF PRISONS
DefendantEXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS
DefendantUNITED STATES DEPARTMENT OF STATE
DefendantUNITED STATES DEPARTMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT
AppealD.C. Circuit 17-5143
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [22]
FOIA Project Annotation: Judge Tanya Chutkan has ruled that the Department of Justice, the Department of Homeland Security, and the Department of State conducted adequate searches for records concerning the investigation and conviction of Carlos Arturo Patino-Restrepo on drug-trafficking charges and that the agencies properly invoked a variety of exemptions, primarily Exemption 7 (law enforcement records). to withhold and redact information. Patino-Restrepo accused the government of mischaracterizing him as a leader of a drug cartel and suggested that the government had not provided all potentially exculpatory information. Chutkan rejected Patino-Restrepo's claim, noting that "plaintiff has provided no evidence, such as testimony or documentary evidence, which could lead a reasonable person to believe that the government committed Brady violations in Plaintiff's case." State had refused to search for records pertaining to interviews of a long list of individuals provided by Patino-Restrepo because any information would likely be withheld under Exemption 7(C) (invasion of privacy concerning law enforcement records). Chutkan agreed, noting that "it is unclear how State could redact the personaly identifying information of those individuals in a way that would allow meaningful disclosure while protecting the privacy interest of those individuals. It is one thing where an individual requests records that happen to contain personally identifying information, and the personal information can be redacted while still providing the requesting individual with the substantive information they seek; but another thing entirely where the object of the individual's request is the personal identifying information. In the latter case, redaction does not make sense." Patino-Restrepo claimed the FBI had not provided a sufficient description of records it withheld under Exemption 7(A) (interference with ongoing investigation or proceeding). But Chutkan, pointing out that "the records consisted of interview forms, which the FBI uses to 'memorialize interviews,' and computer database printouts of FBI and local law enforcement record checks," explained that "it is clear that the records withheld are law enforcement records as to which exemption 7 applies, and the court finds FBI's justification of its withholding pursuant to 7(A) adequate." She added that "FBI's assessment that the information could 'potentially jeopardize current or prospective investigative and/or prosecutions' is reasonable."
Issues: Exemption 7 - Law enforcement records, Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-11-031COMPLAINT against EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE ( Filing fee $ 400, receipt number 4616066836) filed by CARLOS ARTURO PATINO-RESTREPO. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 11/06/2014)
2014-11-05SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 11/06/2014)
2015-04-09MINUTE ORDER TO SHOW CAUSE: It appears from the record that Plaintiff, who initiated this action on 11/03/2014, has yet to effectuate service on the Defendants. Therefore, it is hereby ORDERED that Plaintiff SHOW CAUSE, in writing, on or before 4/24/2015, why the claims against Defendants should not be dismissed for failure to effectuate service. Plaintiff's failure to effectuate service or to satisfactorily respond to the present order by 4/24/2015, may result in the dismissal of this action, without further notice. See Fed. R. Civ. P. 4(m). a Show Cause Response due by 4/24/2015.. Signed by Judge Tanya S. Chutkan on 4/9/15. (DJS) (Entered: 04/09/2015)
2015-04-202RESPONSE (Affidavit of Service) TO ORDER OF THE COURT re Order to Show Cause,, filed by CARLOS ARTURO PATINO-RESTREPO. (td, ) (Entered: 04/22/2015)
2015-04-283ORDER TO SHOW CAUSE: Not later than May 25, 2015, Plaintiff shall file proof that his attempts at service of process on the defendants was successful and complied with Rule 4 of the Federal Rules of Civil Procedure. Plaintiff's failure to effectuate service or to satisfactorily respond to the present order by May 25, 2015, may result in the dismissal of this action without further notice. See Fed. R. Civ. P. 4(m). (See Order for details). The Clerk of the Court shall mail a copy of this order to: CARLOS ARTURO PATINO-RESTREPO, R64782-053, SCHUYLKILL FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 759, MINERSVILLE, PA 17954. Show Cause Response due by 5/25/2015. Signed by Judge Tanya S. Chutkan on 4/28/15. (DJS) Modified on 4/28/2015 (DJS, ). (Entered: 04/28/2015)
2015-05-084NOTICE of Appearance by Jesse Dyer Stewart on behalf of EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE (Stewart, Jesse) (Entered: 05/08/2015)
2015-05-155RESPONSE TO ORDER OF THE COURT re 3 Order to Show Cause,,, filed by CARLOS ARTURO PATINO-RESTREPO. (td, ) (Entered: 05/18/2015)
2015-05-206MOTION for Extension of Time to File Answer or Otherwise Respond by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Stewart, Jesse) (Entered: 05/20/2015)
2015-05-23MINUTE ORDER: Granting 6 Motion for Extension of Time to Answer. All Defendants shall answer or otherwise respond to the complaint by July 9, 2015. The CLERK OF THE COURT SHALL MAIL A COPY OF THIS ORDER TO: CARLOS ARTURO PATINO-RESTREPO, R64782-053, SCHUYLKILL FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 759, MINERSVILLE, PA 17954. Signed by Judge Tanya S. Chutkan on 5/23/15. (DJS) (Entered: 05/23/2015)
2015-07-097ANSWER to 1 Complaint, by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE.(Stewart, Jesse) (Entered: 07/09/2015)
2015-07-098NOTICE to the Court Regarding Scheduling by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE (Stewart, Jesse) (Entered: 07/09/2015)
2015-07-10MINUTE ORDER: Before the Court in this FOIA case are a complaint filed by an incarcerated plaintiff and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the Government Defendant(s) shall file a status report/proposed scheduled that includes: the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a Vaughn index will be required in this case, any other pertinent issues and a proposed schedule for filing dispositive motions. The Government Defendant(s) shall file the report/proposed schedule AND a draft order not later than 7/21/15. The CLERK OF THE COURT SHALL MAIL A COPY OF THIS ORDER TO: CARLOS ARTURO PATINO-RESTREPO, R64782-053, SCHUYLKILL FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 759, MINERSVILLE, PA 17954. Signed by Judge Tanya S. Chutkan on 7/10/15. (DJS) Modified on 7/10/2015 (DJS). (Entered: 07/10/2015)
2015-07-10Set/Reset Deadlines: Status Report and proposed schedule due by 7/21/2015. (zsm) (Entered: 07/10/2015)
2015-07-219STATUS REPORT and Proposed Schedule by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Declaration and Exhibits, # 2 Text of Proposed Order)(Stewart, Jesse) (Entered: 07/21/2015)
2015-08-21MINUTE ORDER: Not later than August 31, 2015 Defendants shall file a status report confirming 1) that the Federal Bureau of Prisons, Executive Office for United States Attorneys, and Immigration and Customs Enforcement have released all non-exempt responsive records to the Plaintiff; 2) the volume of potentially responsive material located by the Department of State; and 3) whether the Department of State will be able to release all non-exempt responsive material by September 30, 2015 and, if not, the reasons for the delay and the anticipated date of completion. The August 31, 2015 status report should also include a joint proposal for a schedule for a single dispositive motion in this matter. Signed by Judge Tanya S. Chutkan on 8/21/15. (lctsc3) (Entered: 08/21/2015)
2015-08-24Set/Reset Deadlines: Status Report due by 8/31/2015 (zsm) (Entered: 08/24/2015)
2015-08-3110STATUS REPORT AND PROPOSED BRIEFING SCHEDULE by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Stewart, Jesse) (Entered: 08/31/2015)
2015-09-0411NOTICE OF SUBSTITUTION OF COUNSEL by Joshua M. Kolsky on behalf of FEDERAL BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE Substituting for attorney Jesse Stewart (Kolsky, Joshua) (Entered: 09/04/2015)
2015-10-05MINUTE ORDER: A Scheduling Conference is hereby set for October 21, 2015 at 2:00 pm. The plaintiff shall appear via video conference. Additionally, EOUSA and State Department Counsel or another employee with personal knowledge of each agency's search and production efforts shall personally appear at the status conference. Not later than October 13, 2015, the United States shall file a status report, along with a proposed schedule and proposed order for moving forward with this case. The Clerk of the Court shall mail a copy of this order in a typewritten envelope to: CARLOS ARTURO PATINO-RESTREPO, R64782-053, SCHUYLKILL FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 759, MINERSVILLE, PA 17954. Signed by Judge Tanya S. Chutkan on 10/5/15. (DJS) (Entered: 10/05/2015)
2015-10-06Set/Reset Deadlines/Hearings: Status Report due by 10/13/2015. Scheduling Conference set for 10/21/2015 at 2:00 PM in Courtroom 2 before Judge Tanya S. Chutkan. (zsm) (Entered: 10/06/2015)
2015-10-1312STATUS REPORT by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 10/13/2015)
2015-10-1516MOTION for Court to provide an interperter by CARLOS ARTURO PATINO-RESTREPO (td) (Entered: 10/21/2015)
2015-10-1613NOTICE of Ex Parte and Under Seal Filing by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE (Kolsky, Joshua) (Entered: 10/16/2015)
2015-10-1614SEALED MOTION filed by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order)(ztd) (Entered: 10/21/2015)
2015-10-1615SEALED MOTION filed by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order)(ztd) (Entered: 10/21/2015)
2015-10-19MINUTE ORDER: Having considered the most recent Status Report filed by the Defendants 12 wherein they indicate that they have either released all identified non-exempt records to the Plaintiff or referred the records to other agencies, all of whom expect to finish processing the records in time to file one joint summary judgment motion by November 30, 2015, the court hereby VACATES the status conference previously set for October 21, 2015. Defendants shall file their motion for summary judgment by November 30, 2015. Plaintiff shall file his response by December 30, 2015. Defendants shall file their reply by January 13, 2016. The Clerk of the Court shall mail a copy of this order in a typewritten envelope to: CARLOS ARTURO PATINO-RESTREPO, R64782-053, SCHUYLKILL FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 759, MINERSVILLE, PA 17954.Signed by Judge Tanya S. Chutkan on 10/19/15. (DJS) (Entered: 10/19/2015)
2015-11-2517MOTION for Extension of Time to File Summary Judgment Motion by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 11/25/2015)
2015-11-30MINUTE ORDER: Granting 17 Motion for Extension of Time to File Motion for Summary Judgment. Defendants' motion for summary judgment due by January 14, 2016. Plaintiff's opposition due by February 15, 2016. Defendants' reply due by February 29, 2016. ABSENT EXTENUATING CIRCUMSTANCES, THE COURT WILL NOT GRANT DEFENDANTS FURTHER EXTENSIONS OF TIME IN WHICH TO FILE THEIR VAUGHN INDEX AND MOTION FOR SUMMARY JUDGMENT as they relate to any records that were released to Plaintiff as of January 1, 2016. The Clerk of the Court shall mail a copy of this order to the: CARLOS ARTURO PATINO-RESTREPO, R64782-053, SCHUYLKILL FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 759,MINERSVILLE, PA 17954. Signed by Judge Tanya S. Chutkan on 11/30/15. (DJS) Modified on 12/1/2015 (tth). (Entered: 11/30/2015)
2015-12-01NOTICE OF CORRECTED DOCKET ENTRY: re Minute Order entered on 11/30/2015 was amended to correct the date of January 15, 2016 to January 1, 2016 at the direction of Chambers.(tth) (Entered: 12/01/2015)
2015-12-02Set/Reset Deadlines: Summary Judgment motions due by 1/14/2016. Response to Motion for Summary Judgment due by 2/15/2016. Reply to Motion for Summary Judgment due by 2/29/2016. (zsm) (Entered: 12/02/2015)
2016-01-1418MOTION for Summary Judgment by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order, # 2 Declaration and Exhibits (BOP), # 3 Declaration and Exhibits (Second BOP), # 4 Declaration and Exhibits (DEA), # 5 Declaration and Exhibits (DOJ), # 6 Declaration and Exhibits (EOUSA), # 7 Declaration and Exhibits (Second EOUSA), # 8 Declaration and Exhibits (FBI), # 9 Declaration and Exhibits (ICE), # 10 Exhibit (ICE), # 11 Declaration and Exhibits (State))(Kolsky, Joshua) (Entered: 01/14/2016)
2016-02-1719RESPONSE re 18 MOTION for Summary Judgment filed by CARLOS ARTURO PATINO-RESTREPO. (td) (Entered: 02/19/2016)
2016-02-2520MOTION for Extension of Time to File Summary Judgment Reply by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 02/25/2016)
2016-03-02MINUTE ORDER: Granting 20 Defendants' Motion for Extension of Time to File Reply. Defendants' reply due March 18, 2016. THE COURT WILL VIEW FURTHER REQUESTS BY DEFENDANTS FOR EXTENSIONS WITH DISFAVOR. Clerk of the Court shall mail a copy of this order to the: CARLOS ARTURO PATINO-RESTREPO, R64782-053, SCHUYLKILL FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 759,MINERSVILLE, PA 17954. Signed by Judge Tanya S. Chutkan on 3/2/16. (DJS) (Entered: 03/02/2016)
2016-03-02Set/Reset Deadlines: Reply due by 3/18/2016. (zsm) (Entered: 03/02/2016)
2016-03-1821REPLY to opposition to motion re 18 MOTION for Summary Judgment filed by EXECUTIVE OFFICE OF THE UNITED STATES ATTORNEYS, FEDERAL BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF STATE. (Attachments: # 1 Declaration)(Kolsky, Joshua) (Entered: 03/18/2016)
2017-03-3022MEMORANDUM AND OPINION re 18 Defendants' motion for summary judgment. Signed by Judge Tanya S. Chutkan on 3/30/2017. (lctsc3) (Entered: 03/30/2017)
2017-03-3023ORDER granting 18 Defendants' motion for summary judgment. Signed by Judge Tanya S. Chutkan on 3/30/2017. (lctsc3) (Entered: 03/30/2017)
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