Skip to content

Case Detail

[Subscribe to updates]
Case TitlePASSMORE v. U.S. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv01742
Date Filed2014-10-17
Date Closed2017-03-29
JudgeJudge Emmet G. Sullivan
PlaintiffJOHN PASSMORE
Case DescriptionJohn Passmore, a prisoner, submitted a FOIA request to the FBI for records from a specific file, including emails sent from a computer owned by Passmore. The agency located 16,000 pages of potentially responsive records that it wanted to provide on a CD. Passmore indicated that he could not have a CD in state prison and asked for paper copies. The FBI sent the CD, which Passmore was unable to receive. He filed an appeal and OIP responded that the FBI had not properly addressed his request for emails. He finally filed suit.
Complaint issues: Withholding not related to exemption claims

DefendantU.S. DEPARTMENT OF JUSTICE
DefendantJOHN DOE Agency Head
DefendantJOHN DOE Agency Head
TERMINATED: 02/17/2016
DefendantJANE DOE Agency Head
DefendantJANE DOE Agency Head
TERMINATED: 02/17/2016
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [58]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-10-171COMPLAINT against JANE DOE, JOHN DOE, U.S. DEPARTMENT OF JUSTICE (Filing fee $ 0.00) filed by JOHN PASSMORE. (Attachments: # 1 Civil Cover Sheet, # 2 Memorandum in Support, # 3 Order of Show Cause)(sth, ) (Entered: 10/17/2014)
2014-10-172MOTION for Leave to Proceed in forma pauperis by JOHN PASSMORE (sth, ) (Entered: 10/17/2014)
2014-10-173MOTION to Appoint Counsel by JOHN PASSMORE (sth, ) (Entered: 10/17/2014)
2014-10-174MOTION for Reduction of copies by JOHN PASSMORE (sth, ) (Entered: 10/17/2014)
2014-10-175PRO SE ORDER directing within 30 days of this Order, unless an extension of time is granted, plaintiff to provide a six month trust fund prisoner account statement and failure to comply will result in dismissal of case. Plaintiff shall provide the requested information specific within this order. Signed by Judge Amy Berman Jackson on 10/15/14. (sth, ) (Entered: 10/17/2014)
2014-11-076PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by JOHN PASSMORE. (md, ) (Entered: 11/10/2014)
2015-01-167ORDER directing an initial partial filing fee from Prison Account of JOHN PASSMORE. The plaintiff's application to proceed in forma pauperis {Dkt. # 2] is granted. Signed by Judge Christopher R. Cooper on 1/16/2015. (md, ) (Entered: 01/20/2015)
2015-01-21Case Reassigned to Judge Emmet G. Sullivan. Unassigned no longer assigned to the case. (md, ) (Entered: 01/21/2015)
2015-01-26SUMMONS (3) Issued as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (md, ) (Entered: 01/26/2015)
2015-04-068RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 2/9/2015 (jf, ) (Entered: 04/07/2015)
2015-04-22SUMMONS (1) ISSUED as to U.S. Attorney. (md, ) (Entered: 04/22/2015)
2015-05-049MOTION to Amend/Correct 1 Complaint by JOHN PASSMORE (rdj) (Entered: 05/07/2015)
2015-05-0810NOTICE of Appearance by Eric Joseph Young on behalf of JANE DOE, JOHN DOE, U.S. DEPARTMENT OF JUSTICE (Young, Eric) (Entered: 05/08/2015)
2015-06-0411First MOTION for Extension of Time to File Response/Reply NUNC PRO TUNC by JANE DOE, JOHN DOE, U.S. DEPARTMENT OF JUSTICE (Young, Eric) (Entered: 06/04/2015)
2015-06-09MINUTE ORDER: Defendants' 11 Motion for Extension of Time is granted nunc pro tunc, and the Answer or other response to the Complaint is due by July 14, 2015. Signed by Judge Emmet G. Sullivan on 6/9/15. (psc) (Entered: 06/09/2015)
2015-06-10NOTICE: Minute Order Filed 6/9/15 mailed to JOHN PASSMORE at court's address of record. (mac) (Entered: 06/10/2015)
2015-06-10Set/Reset Deadlines: Answer due by 7/14/2015. (mac) (Entered: 06/10/2015)
2015-07-0612SUPPLEMENT to re 1 Complaint filed by JOHN PASSMORE. (jf) (Entered: 07/08/2015)
2015-07-0913SUPPLEMENT Exhibit U to re 1 Complaint filed by JOHN PASSMORE. (jf) (Entered: 07/10/2015)
2015-07-1414MOTION for Summary Judgment by JANE DOE, JOHN DOE, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Declaration with exhibits and Vaughn Index, # 4 Text of Proposed Order)(Young, Eric) Modified on 7/14/2015 (zrdj). (Entered: 07/14/2015)
2015-07-1415Order advising plaintiff to respond by 8/28/2015 to defendants' 14 MOTION for Summary Judgment, or the Court may treat the motion as conceded. Signed by Judge Emmet G. Sullivan on 7/14/15. (ms) (Entered: 07/14/2015)
2015-07-14Set/Reset Deadlines: Plaintiff Response due by 8/28/2015. (mac) (Entered: 07/14/2015)
2015-07-14NOTICE: 15 Order mailed to JOHN PASSMORE at court's address of record. (mac) (Entered: 07/14/2015)
2015-07-2716SUPPLEMENT to re 1 Complaint filed by JOHN PASSMORE. (jf) (Entered: 07/30/2015)
2015-08-0317SUPPLEMENT to re 1 Complaint filed by JOHN PASSMORE. (jf) (Entered: 08/04/2015)
2015-08-1218ENTERED IN ERROR.....MOTION to Quash And Notice to the Court by JANE DOE, JOHN DOE, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Young, Eric) Modified on 8/13/2015 (jf). (Entered: 08/12/2015)
2015-08-1219MOTION to Quash And Notice to Court by JANE DOE, JOHN DOE, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit #1, # 2 Exhibit #2, # 3 Text of Proposed Order)(Young, Eric) (Entered: 08/12/2015)
2015-08-13NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 18 MOTION to Quash And Notice to the Court was entered in error and refiled by counsel. (See Docket Entry 19 to view document) (jf) (Entered: 08/13/2015)
2015-08-2120RESPONSE re 19 MOTION to Quash And Notice to Court filed by JOHN PASSMORE. (jf) (Entered: 08/24/2015)
2015-08-2521REPLY to opposition to motion re 19 MOTION to Quash And Notice to Court (Opposition to any requested stays) filed by JANE DOE, JOHN DOE, U.S. DEPARTMENT OF JUSTICE. (Young, Eric) (Entered: 08/25/2015)
2015-08-3122Memorandum in opposition to re 14 MOTION for Summary Judgment filed by JOHN PASSMORE. (Attachments: # 1 Exhibit)(jf) (Entered: 09/01/2015)
2015-09-02MINUTE ORDER: It is hereby ordered that plaintiff's Motion to Amend Complaint 9 to name the current Attorney General as a defendant to this action is denied. This action is brought under the Freedom of Information Act, and the U.S. Department of Justice is the only proper defendant. It is further ordered that defendant's motion to quash interrogatories and discovery 19 is granted, and plaintiff's requests to stay summary judgment pending discovery and for sanctions 20 are denied. Signed by Judge Emmet G. Sullivan on 9/2/15. (ms) (Entered: 09/02/2015)
2015-09-02NOTICE: Minute Order Filed on 9/2/15 mailed to JOHN PASSMORE at court's address of record. (mac) (Entered: 09/02/2015)
2015-09-0323SUPPLEMENTAL MEMORANDUM to re 20 RESPONSE re 19 MOTION to Quash And Notice to Court filed by JOHN PASSMORE. (jf) (Entered: 09/08/2015)
2015-09-0824REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by JANE DOE, JOHN DOE, U.S. DEPARTMENT OF JUSTICE. (Young, Eric) (Entered: 09/08/2015)
2015-09-1425NOTICE to Court of Service and that Defendants will not submit any additional Reply Brief by JANE DOE, JOHN DOE, U.S. DEPARTMENT OF JUSTICE re 22 Memorandum in Opposition, 14 MOTION for Summary Judgment , 24 Reply to opposition to Motion (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Young, Eric) (Entered: 09/14/2015)
2015-09-1726SURREPLY to re 14 MOTION for Summary Judgment filed by JOHN PASSMORE. (jf) (Entered: 09/18/2015)
2015-10-1227NOTICE OF SUBSTITUTION OF COUNSEL by Caitlin O'Leary Trujillo on behalf of All Defendants Substituting for attorney Eric Young (Trujillo, Caitlin) (Entered: 10/12/2015)
2015-10-2928MOTION to direct superintendent to issue plaintiff his legal work by JOHN PASSMORE (jf) (Entered: 11/02/2015)
2016-01-28Partial Filing Fee Received from JOHN PASSMORE in the amount of $20.00, receipt number: 4616075695. (zrdj) (Entered: 02/10/2016)
2016-02-1729ORDER denying 28 plaintiff's Motion for return of documents and denying without prejudice 14 defendants' Motion for Summary Judgment. Signed by Judge Emmet G. Sullivan on 2/16/16. (ms) (Entered: 02/17/2016)
2016-02-2630MOTION to Appoint Counsel by JOHN PASSMORE (jf) (Entered: 02/29/2016)
2016-03-0431ORDER denying 30 plaintiff's Motion for Appointment of Counsel. Signed by Judge Emmet G. Sullivan on 3/4/16. (ms) (Entered: 03/04/2016)
2016-03-08Partial Filing Fee Received from JOHN PASSMORE in the amount of $20.00, receipt number: 4616076389. (zrdj) (Entered: 03/09/2016)
2016-03-0832MOTION to Compel Discovery by JOHN PASSMORE (jf) (Entered: 03/09/2016)
2016-03-23MINUTE ORDER: This action proceeds under the Freedom of Information Act, see 5 U.S.C. § 552, and likely will be resolved on summary judgment, see, e.g., Wolf v. CIA, 473 F.3d 370, 374 (D.C. Cir. 2007). Discovery in a FOIA case is disfavored, and generally is available only where the "plaintiff has made a sufficient showing that the agency acted in bad faith," Justice v. IRS, 798 F. Supp. 2d 43, 47 (D.D.C. 2011) (citations omitted), aff'd, 485 F. App'x 439 (D.C. Cir. 2012). Therefore, plaintiffs Motion for an Order Compelling Discovery 32 is denied without prejudice. Signed by Judge Emmet G. Sullivan on 3/23/16. (ms) (Entered: 03/23/2016)
2016-03-2833PROPOSED BRIEFING SCHEDULE by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 03/28/2016)
2016-03-31MINUTE ORDER: On consideration of the Defendant's Proposed Briefing Schedule [ECF No. 33] it is hereby ORDERED that defendant shall file its second motion for summary judgment by April 22, 2016; plaintiff shall file his opposition and cross-motion, if any, by June 6, 2016; defendant shall file its reply and opposition, if any, by July 1, 2016; plaintiff shall file his reply, if any, by August 1, 2016. Signed by Judge Emmet G. Sullivan on 3/31/16. (ms) (Entered: 03/31/2016)
2016-03-31Set/Reset Deadlines: Defendant Second Motion For Summary Judgment due by 4/22/2016. Plaintiff Opposition and Cross-Motion due by 6/6/2016. Defendant Reply and Opposition due by 7/1/2016. Plaintiff Reply due by 8/1/2016. (mac) (Entered: 03/31/2016)
2016-04-0434NOTICE OF INTERLOCUTORY APPEAL as to Minute Order on Motion to Compel filed on 03/23/2016 by JOHN PASSMORE. Fee Status: No Fee Paid. Parties have been notified. (jf) (Entered: 04/06/2016)
2016-04-0436RESPONSE re 33 Proposed Briefing Schedule filed by JOHN PASSMORE. (jf) (Entered: 04/06/2016)
2016-04-0635Transmission 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 34 Notice of Interlocutory Appeal. (jf) (Entered: 04/06/2016)
2016-04-0737MOTION to Compel by JOHN PASSMORE (jf) (Entered: 04/08/2016)
2016-04-0738SUPPLEMENT to re 36 RESPONSE re 33 Proposed Briefing Schedule filed by JOHN PASSMORE. (jf) (Entered: 04/08/2016)
2016-04-13Partial Filing Fee Received from JOHN PASSMORE in the amount of $20.00, receipt number: 4616077058. (zrdj) (Entered: 04/13/2016)
2016-04-14USCA Case Number 16-5076 for 34 Notice of Interlocutory Appeal filed by JOHN PASSMORE. (zrdj) (Entered: 04/14/2016)
2016-04-2139MOTION for Extension of Time to file Second Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 04/21/2016)
2016-04-2540MOTION for Extension of Time to file combined Second Motion for Summary Judgment and Opposition to Plaintiff's Motion to Compel by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 04/25/2016)
2016-04-2541ENTERED IN ERROR.....ERRATA to page nine of Vaughn Index (119-1) by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Modified Vaughn Index)(Trujillo, Caitlin) Modified on 4/25/2016 (zrdj). (Entered: 04/25/2016)
2016-04-25MINUTE ORDER: Defendant's First Motion for Extension of Time to file Motion for Summary Judgment 39 is denied, and Defendant's Second Motion for Extension of Time to File Motion for Summary Judgment 40 is GRANTED. Defendant shall file its renewed motion for summary judgment and its opposition to plaintiff's motion to compel by April 29, 2016. Signed by Judge Emmet G. Sullivan on 4/25/16. (ms) (Entered: 04/25/2016)
2016-04-25NOTICE OF CORRECTED DOCKET ENTRY: re 41 Errata was entered in error (wrong case) and counsel will refile said pleading in the correct case. (zrdj) (Entered: 04/25/2016)
2016-04-26Set/Reset Deadlines: Defendant Shall File Its Renewed Motion For Summary Judgment and Its Opposition To Plaintiff's Motion To Compel due by 4/29/2016. (mac) (Entered: 04/26/2016)
2016-04-2942NOTICE of Compliance by U.S. DEPARTMENT OF JUSTICE re 29 Order on Motion for Miscellaneous Relief, Order on Motion for Summary Judgment (Trujillo, Caitlin) (Entered: 04/29/2016)
2016-04-2943Second MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Material Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 04/29/2016)
2016-04-2944Memorandum in opposition to re 37 MOTION to Compel filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Material Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 04/29/2016)
2016-05-0545MOTION for Reconsideration re MINUTE ORDER: Defendant's First Motion for Extension of Time to file Motion for Summary Judgment 39 is denied, and Defendant's Second Motion for Extension of Time to File Motion for Summary Judgment 40 is GRANTED by JOHN PASSMORE (jf) (Entered: 05/06/2016)
2016-05-0946NOTICE OF SUBSTITUTION OF COUNSEL by Michael Benjamin Posner on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Caitlin O. Trujillo (Posner, Michael) (Entered: 05/09/2016)
2016-05-18MINUTE ORDER: It is hereby ordered that plaintiff's Motion to Compel Defendants to Answer Plaintiff's Complaint 37 and his Motion for Reconsideration for Granting Defendant's Second Motion for Extension of Time to File Summary Judgment 45 are denied. All proceedings in this matter are stayed pending resolution of plaintiff's interlocutory appeal of the Court's March 23, 2016 Minute Order denying his motion to compel discovery. Signed by Judge Emmet G. Sullivan on 5/18/16. (ms) (Entered: 05/18/2016)
2016-05-18Case Stayed (mac) (Entered: 05/18/2016)
2016-05-1847Supplemental Record on Appeal transmitted to US Court of Appeals re Order on Motion to Compel, Order on Motion for Reconsideration; USCA Case Number 16-5076. (jf) (Entered: 05/18/2016)
2016-05-2648Memorandum in opposition to re 43 Second MOTION for Summary Judgment filed by JOHN PASSMORE. (jf) (Entered: 05/27/2016)
2016-05-2649REPLY to opposition to re 37 MOTION to Compel filed by JOHN PASSMORE. (jf) (Entered: 05/27/2016)
2016-05-2750NOTICE Regarding Plaintiff's Opposition to Defendant's Second Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Posner, Michael) (Entered: 05/27/2016)
2016-05-3151DECLARATION by JOHN PASSMORE. (jf) (Entered: 06/03/2016)
2016-06-0852MANDATE of USCA (certified copy) ORDERED that the order to show cause be discharged and that the motion to withdraw be granted, and this case ishereby dismissed as to 34 Notice of Interlocutory Appeal filed by JOHN PASSMORE. USCA Case Number 16-5076. (Attachments: # 1 Exhibit)(zrdj) (Entered: 06/08/2016)
2016-06-08Partial Filing Fee Received from JOHN PASSMORE in the amount of $15.00, receipt number: 4616078357. (zrdj) (Entered: 06/08/2016)
2016-06-0953ORDER lifting stay, permitting plaintiff to file a supplemental opposition to 43 Defendant's Second MOTION for Summary Judgment by July 15, 2016, and defendant to file a reply by August 5, 2016. Signed by Judge Emmet G. Sullivan on 6/9/16. (ms) (Entered: 06/09/2016)
2016-06-1654NOTICE of Change of Address by JOHN PASSMORE (jf) (Entered: 06/20/2016)
2016-06-2955NOTICE to the court by JOHN PASSMORE (jf) (Entered: 07/01/2016)
2016-07-11Partial Filing Fee Received from JOHN PASSMORE in the amount of $1.58, receipt number: 4616079233. (zrdj) (Entered: 07/11/2016)
2016-08-0556REPLY to opposition to motion re 43 Second MOTION for Summary Judgment filed by JANE DOE, JOHN DOE, U.S. DEPARTMENT OF JUSTICE. (Posner, Michael) (Entered: 08/05/2016)
2016-08-05Partial Filing Fee Received from JOHN PASSMORE in the amount of $1.79, receipt number: 4616079769. (zrdj) (Entered: 08/05/2016)
2016-09-09Partial Filing Fee Received from JOHN PASSMORE in the amount of $3.31, receipt number: 4616080349. (zrdj) (Entered: 09/12/2016)
2016-10-03Partial Filing Fee Received from JOHN PASSMORE in the amount of $15.00, receipt number: 4616080826. (zrdj) (Entered: 10/03/2016)
2016-10-13Partial Filing Fee Received from JOHN PASSMORE in the amount of $3.02, receipt number: 4616080975. (zrdj) (Entered: 10/14/2016)
2016-10-19Partial Filing Fee Received from JOHN PASSMORE in the amount of $14.00, receipt number: 4616081137. (zrdj) (Entered: 10/19/2016)
2016-10-31Partial Filing Fee Received from JOHN PASSMORE in the amount of $14.00, receipt number: 4616081368. (zrdj) (Entered: 11/07/2016)
2016-11-0157NOTICE OF SUBSTITUTION OF COUNSEL by Christopher Charles Hair on behalf of All Defendants Substituting for attorney Michael B. Posner (Hair, Christopher) (Entered: 11/01/2016)
2016-11-10Partial Filing Fee Received from JOHN PASSMORE in the amount of $2.88, receipt number: 4616081545. (zrdj) (Entered: 11/14/2016)
2016-11-14Partial Filing Fee Received from JOHN PASSMORE in the amount of $14.00, receipt number: 4616081590. (zrdj) (Entered: 11/14/2016)
2016-11-29Partial Filing Fee Received from JOHN PASSMORE in the amount of $14.00, receipt number: 4616081811. (zrdj) (Entered: 11/30/2016)
2016-12-08Partial Filing Fee Received from JOHN PASSMORE in the amount of $2.74, receipt number: 4616081962. (zrdj) (Entered: 12/08/2016)
2017-03-2858MEMORANDUM AND OPINION. Signed by Judge Emmet G. Sullivan on 3/28/17. (ms) (Entered: 03/28/2017)
2017-03-2859ORDER granting 43 Defendant's Second Motion for Summary Judgment. This is a final appealable Order. Signed by Judge Emmet G. Sullivan on 3/28/17. (ms) (Entered: 03/28/2017)
Hide Docket Events
by FOIA Project Staff