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Case TitleTurner v. United States Department of the Treasury
DistrictEastern District of California
CityFresno
Case Number1:2015cv00007
Date Filed2015-01-05
Date ClosedOpen
JudgeDistrict Judge Dale A. Drozd
PlaintiffBruce Ervin Turner
Case DescriptionBruce Turner, a prisoner, submitted a FOIA request to the Department of Treasury for financial records concerning himself. The agency responded that if its Financial Crimes Enforcement Network had any records they would be exempt under the Bank Secrecy Act. Turner appealed and the agency upheld its denial. Turner then filed suit.
Complaint issues: Exemption 3 - Statutory prohibition of disclosure

DefendantUnited States Department of the Treasury Financial Crimes Enforcement Network
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [4]
Opinion/Order [5]
Opinion/Order [6]
Opinion/Order [8]
Opinion/Order [10]
Opinion/Order [13]
Opinion/Order [15]
Opinion/Order [17]
Opinion/Order [19]
Opinion/Order [28]
FOIA Project Annotation: A federal court in California has ruled that the Financial Crimes Enforcement Network, part of the Department of Treasury, conducted an adequate search for most aspects of records concerning Bruce Turner's bank account, but that the agency has not justified its decision not to search for one item because it claimed the records were exempt under the Bank Secrecy Act. Ruling on the non-BSA search, the court noted that "defendant has satisfied its burden of establishing the adequacy of its search of non-BSA FinCEN Enforcement Division files made in connection with plaintiff's FOIA request." Rejecting the blanket claim of exemption under the BSA, the court observed that "Defendant's position that it was under no obligation to search BSA records in its possession because the requested [item] is exempt from disclosure under FOIA, finds no support in the cases addressing similar FOIA requests. In each of those cases it appears that although the agency was found to have properly withheld the documents in question, that determination was based upon the agency's search of the records followed by a reasonably detailed description of the documents being withheld as well as facts sufficient to establish the applicability of the claimed exemption."
Issues: Exemption 3 - Statutory prohibition of disclosure
Opinion/Order [32]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-01-051COMPLAINT against United States Department of the Treasury by Bruce Ervin Turner. (Attachments: # 1 Civil Cover Sheet)(Hellings, J) (Entered: 01/06/2015)
2015-01-052MOTION/Application to PROCEED IN FORMA PAUPERIS by Bruce Ervin Turner. (Hellings, J) (Entered: 01/06/2015)
2015-01-053MOTION/Application to PROCEED IN FORMA PAUPERIS by Bruce Ervin Turner. (Hellings, J) (Entered: 01/06/2015)
2015-01-06APPLICATION TO PROCEED IFP filed - Action Required. (Hellings, J) (Entered: 01/06/2015)
2015-03-03APPLICATION TO PROCEED IFP filed - Action Required. (Jessen, A) (Entered: 03/03/2015)
2015-03-164ORDER GRANTING Plaintiff's 2 Application to Proceed In Forma Pauperis, signed by Magistrate Judge Sheila K. Oberto on 3/16/2015. (Attachments: # 1 IFP Application) (Marrujo, C) (Entered: 03/16/2015)
2015-03-16SERVICE BY MAIL: 4 Order on Motion to Proceed in forma pauperis, served on Bruce Ervin Turner. (Marrujo, C) (Entered: 03/16/2015)
2015-04-065INFORMATIONAL ORDER signed by Magistrate Judge Sheila K. Oberto on 4/3/15. (Martin-Gill, S) (Entered: 04/06/2015)
2015-04-066ORDER Authorizing Service of Complaint on Defendant; ORDER DIRECTING Clerk to Forward Service Documents to Plaintiff for Completion and Return within Thirty Days, signed by Magistrate Judge Sheila K. Oberto on 04/3/15. (30-Day Deadline) (Attachments: # 1 Civil USM Instructions, # 2 Copy of Complaint, dated 01/05/2015)(Martin-Gill, S) (Entered: 04/06/2015)
2015-04-06SERVICE BY MAIL: 5 Order, 6 Order, served on Bruce Ervin Turner. (Martin-Gill, S) (Entered: 04/06/2015)
2015-04-277NOTICE OF SUBMISSION OF DOCUMENTS: (1) Summons, (1) USM-285 Form, and (4) Copies of the Complaint, by Bruce Ervin Turner. (Hellings, J) (Entered: 04/28/2015)
2015-05-068ORDER DIRECTING Service By the United States Marshals Office Without Prepayment of Costs, signed by Magistrate Judge Sheila K. Oberto on 5/6/15. (Hellings, J) (Entered: 05/06/2015)
2015-05-06SERVICE BY MAIL: 8 Order served on Bruce Ervin Turner. (Hellings, J) (Entered: 05/06/2015)
2015-05-219MOTION to APPOINT COUNSEL by Bruce Ervin Turner. (Verduzco, M) (Entered: 05/21/2015)
2015-05-2610ORDER DENYING 9 Motion to Appoint Counsel. Order signed by Magistrate Judge Sheila K. Oberto on 5/26/2015. (Timken, A) (Entered: 05/26/2015)
2015-05-26SERVICE BY MAIL: 10 Order on Motion to Appoint Counsel served on Bruce Ervin Turner. (Timken, A) (Entered: 05/26/2015)
2015-06-2411SUMMONS RETURNED UNEXECUTED as to United States Department of the Treasury. (Martin-Gill, S) (Entered: 06/24/2015)
2015-07-2212MOTION for 28-DAY EXTENSION OF TIME to Respond to Complaint by United States Department of the Treasury. Attorney Hall, Benjamin E. added. (Hall, Benjamin) (Entered: 07/22/2015)
2015-07-2713ORDER GRANTING 12 Ex Parte Application for Extension of Time to Respond to Complaint. Defendant shall answer or otherwise respond to plaintiff's Complaint on or before August 25, 2015. Order signed by Magistrate Judge Sheila K. Oberto on 7/25/2015. (Timken, A) (Entered: 07/27/2015)
2015-07-27SERVICE BY MAIL: 13 Order, served on Bruce Ervin Turner. (Timken, A) (Entered: 07/27/2015)
2015-08-2514ANSWER TO PRISONER CIVIL RIGHTS COMPLAINT by United States Department of the Treasury. (Hall, Benjamin) (Entered: 08/25/2015)
2015-09-0215DISCOVERY ORDER signed by Magistrate Judge Sheila K. Oberto on 9/1/2015. (Timken, A) (Entered: 09/02/2015)
2015-09-02SERVICE BY MAIL: 15 Order served on Bruce Ervin Turner. (Timken, A) (Entered: 09/02/2015)
2015-09-1016*** STRICKEN *** per document 17 . REPLY to 14 Answer to Prisoner Civil Rights Complaint, by Bruce Ervin Turner. (Verduzco, M) Modified on 9/14/2015 (Timken, A). (Entered: 09/11/2015)
2015-09-1417ORDER STRIKING Reply to Defendant's Answer 16 . Order signed by Magistrate Judge Sheila K. Oberto on 9/14/2015. (Timken, A) (Entered: 09/14/2015)
2015-09-14SERVICE BY MAIL: 17 Order served on Bruce Ervin Turner. (Timken, A) (Entered: 09/14/2015)
2015-09-2118MOTION for APPOINTMENT of COUNSEL and Brief in Support by Bruce Ervin Turner. (Hellings, J) (Entered: 09/22/2015)
2015-10-0219ORDER DENYING 18 Motion to Appoint Counsel. Order signed by Magistrate Judge Sheila K. Oberto on 10/2/2015. (Timken, A) (Entered: 10/02/2015)
2015-10-02SERVICE BY MAIL: 19 Order on Motion to Appoint Counsel served on Bruce Ervin Turner. (Timken, A) (Entered: 10/02/2015)
2015-12-0420ORDER by Chief Judge Morrison C. England, Jr.: Due to the appointment of Judge Dale A. Drozd to the position of U.S. District Judge, this action is reassigned from *District Judge Lawrence J. O Neill* to District Judge Dale A. Drozd for all further proceedings. (Gonzalez, R) (Entered: 12/04/2015)
2015-12-04SERVICE BY MAIL: 20 Order Reassigning District Judge Drozd, served on Bruce Ervin Turner. (Gonzalez, R) (Entered: 12/04/2015)
2016-06-0821MINUTE ORDER: ***TEXT ENTRY ONLY*** As there has been no activity in this case since Plaintiff's motion for appointment of counsel was denied in October 2015, the parties SHALL file a joint status report reflecting current status of the litigation within 30 days. Minute order signed by Magistrate Judge Sheila K. Oberto on 6/8/2016. (Timken, A) (Entered: 06/08/2016)
2016-06-08SERVICE BY MAIL: 21 Minute Order, served on Bruce Ervin Turner. (Timken, A) (Entered: 06/08/2016)
2016-06-2322JOINT STATUS REPORT by United States Department of the Treasury. (Hall, Benjamin) (Entered: 06/23/2016)
2016-06-3023MOTION for SUMMARY JUDGMENT by United States Department of the Treasury. (Attachments: # 1 Points and Authorities, # 2 Statement of Undisputed Facts in Support of Defendant's Motion for Summary Judgment, # 3 Declaration of Gilbert Paist with Exs A B and C, # 4 Declaration of Antonya Brown)(Hall, Benjamin) (Entered: 06/30/2016)
2016-08-0524MOTION for Protective Order by Bruce Ervin Turner. (Flores, E) (Entered: 08/05/2016)
2016-08-0525OPPOSITION to 23 MOTION for SUMMARY JUDGMENT by Bruce Ervin Turner. (Flores, E) (Entered: 08/05/2016)
2016-08-1226REPLY by United States Department of the Treasury to RESPONSE to 23 MOTION for SUMMARY JUDGMENT. (Hall, Benjamin) (Entered: 08/12/2016)
2016-11-1427DEMAND for TRIAL by JURY by Bruce Ervin Turner. (Hellings, J) (Entered: 11/15/2016)
2017-03-2328ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR A PROTECTIVE ORDER, signed by District Judge Dale A. Drozd on 3/23/2017. (Kusamura, W) (Entered: 03/23/2017)
2017-04-2029NOTICE of Intent to File Motion for Summary Judgment as to Plaintiff's FOIA Request Number Five by United States Department of the Treasury. (Hall, Benjamin) (Entered: 04/20/2017)
2017-04-2130MINUTE ORDER: (Text Only) signed by District Judge Dale A. Drozd on 4/21/2017. In response to defendant's notice 29 NOTICE of Intent to File Motion for Summary Judgment, the court sets the following briefing schedule; defendant's motion for summary judgment to be filed by 7/13/2017, plaintiff's opposition is due by 8/4/2017, any reply is due by 8/11/2017. (Thorp, J) (Entered: 04/21/2017)
2017-04-21SERVICE BY MAIL: 30 Minute Order, served on Bruce Ervin Turner. (Thorp, J) (Entered: 04/21/2017)
2017-07-1031REQUEST for Defendant's Ex Parte Application and Proposed Order to Modify Briefing Schedule by United States Department of the Treasury. (Hall, Benjamin) (Entered: 07/10/2017)
2017-07-1032ORDER GRANTING Defendant's Ex Parte Application Requesting Modification of the Briefing Schedule, signed by District Judge Dale A. Drozd on 7/10/17. (Marrujo, C) (Entered: 07/10/2017)
2017-07-10SERVICE BY MAIL: 32 Order, served on Bruce Ervin Turner. (Marrujo, C) (Entered: 07/10/2017)
2017-07-2733MOTION for SUMMARY JUDGMENT by United States Department of the Treasury. (Attachments: # 1 Points and Authorities, # 2 Statement of Undisputed Facts, # 3 Declaration of David Stoll, # 4 Declaration of Gilbert Paist with Ex A)(Hall, Benjamin) (Entered: 07/27/2017)
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