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Case TitleAHURUONYE v. UNITED STATES DEPARTMENT OF THE INTERIOR et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01215
Date Filed2015-07-27
Date Closed2017-03-08
JudgeJudge Reggie B. Walton
PlaintiffBARRY AHURUONYE
Case DescriptionBarry Ahuruonye filed suit against the Department of Interior to force it to disclose a Fiscal Year 2014 WIGI notification he needed for his appeal before the Merit Systems Protection Board.
Complaint issues: Adequacy - Search

DefendantUNITED STATES DEPARTMENT OF THE INTERIOR Withholding files
DefendantMARION CAMPBELL
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [16]
FOIA Project Annotation: Judge Reggie Walton has ruled that the Department of the Interior properly concluded that it did not generate a hard-copy of a Within Grade Increase denial for Barry Ahuruonye, but instead provided him with a copy of a screen shot showing the electronic version. Ahuruonye claimed the agency had admitted to the existence of the form in its response to a discovery request in a separate action he filed with the Merit Systems Protection Board. But Walton observed that "the discovery response the plaintiff cites does not indicate that the defendant has such a document in its possession; rather, the defendant's response simply indicated that the defendant considered the document requested to be 'irrelevant' to his appeal." Walton added that "the defendant has shown that other than the memorandum already provided to the plaintiff, a separate Acceptable Level of Competence determination record for the fiscal year of 2014 sought by plaintiff does not exist."
Issues: Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-07-271COMPLAINT against MARION CAMPBELL, UNITED STATES DEPARTMENT OF THE INTERIOR ( Filing fee $ 400, receipt number 4616072691) filed by BARRY AHURUONYE. (Attachments: # 1 Civil Cover Sheet)(intake1) (Entered: 07/29/2015)
2015-07-27Summons (2) Issued as to MARION CAMPBELL and UNITED STATES DEPARTMENT OF THE INTERIOR. (rd) (Entered: 07/31/2015)
2015-08-032RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MARION CAMPBELL served on 7/28/2015 (td) (Entered: 08/06/2015)
2015-08-143RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF THE INTERIOR served on 7/30/2015 (td) (Entered: 08/19/2015)
2015-10-134MOTION for Entry of Default by BARRY AHURUONYE (td) (Entered: 10/16/2015)
2016-04-055ORDER denying 4 Motion for Entry of Default. In accordance with the attached Order, it is hereby ORDERED that the plaintiff's motion for an entry of default is DENIED. It is further ORDERED that the plaintiff shall have sixty (60) days from the date of this Order to perfect service of process upon the defendant; if not, his complaint against the defendant shall be dismissed. It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Order to the plaintiff, at 2001 Oglethorpe Street, #202, Hyattsville, M.D. 20782, and also contact the plaintiff, at (312) 802-7791, regarding the issuance of this Order. Signed by Judge Reggie B. Walton on April 5, 2016. (lcrbw2) (Entered: 04/05/2016)
2016-04-15SUMMONS (2) Issued as to U.S. Attorney and U.S. Attorney General (jd) (Entered: 04/15/2016)
2016-06-026NOTICE of Appearance by Patricia K. McBride on behalf of All Defendants (McBride, Patricia) (Entered: 06/02/2016)
2016-06-097Consent MOTION for Extension of Time to File Answer by MARION CAMPBELL, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 06/09/2016)
2016-06-10MINUTE ORDER; granting 7 Motion for Extension of Time to Answer. Upon consideration of the Consent Motion for Enlargement of Time, and in light of the parties' consent, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendants shall respond to the complaint on or before August 8, 2016. Signed by Judge Reggie B. Walton on June 10, 2016. (lcrbw2) (Entered: 06/10/2016)
2016-06-10Set/Reset Deadlines: Answer to the Complaint due by 8/8/2016, (hs) (Entered: 06/10/2016)
2016-08-048MOTION to Dismiss by MARION CAMPBELL, UNITED STATES DEPARTMENT OF THE INTERIOR (Attachments: # 1 Declaration Hartman, # 2 Exhibit Hartman Decl Exh 1-5)(McBride, Patricia) (Entered: 08/04/2016)
2016-08-159MOTION for the Judge to Compel the Agency to Produce Agency's Form "Within Grade Notice" for 2013 and 2014 or Sanction the Agency for Improperly withholding two documents/forms wich the agency admitted in their 3/16/15 MSPB Discovery Request that they have them by BARRY AHURUONYE (td) (Entered: 08/17/2016)
2016-08-1610SUPPLEMENTAL MEMORANDUM to re 9 MOTION for Order filed by BARRY AHURUONYE. (td) (Entered: 08/17/2016)
2016-09-28MINUTE ORDER. On August 4, 2016, the defendant filed a Motion to Dismiss the Plaintiff's Complaint, ECF No. 8. On August 15, 2016, the plaintiff filed a Motion to Compel the defendant to produce certain documents, ECF No. 9, and on August 16, 2016, the plaintiff filed a supplemental memorandum in support of his motion to compel, ECF No. 10. Both of the plaintiff's submissions respond to the arguments proffered by the defendant in its motion to dismiss. Therefore, the Court construes these submissions as the plaintiff's opposition to the defendant's motion to dismiss. The defendant has yet to file a reply in support of its motion to dismiss or response to the plaintiff's motion to compel. Accordingly, it is hereby ORDERED that the defendant shall file its reply in support of its motion to dismiss or response to the plaintiff's motion to compel on or before October 5, 2016. Signed by Judge Reggie B. Walton on September 28, 2016. (lcrbw2) (Entered: 09/28/2016)
2016-09-28Set/Reset Deadlines: Defendant's Responses due by 10/5/2016 (hs) (Entered: 09/28/2016)
2016-10-0511ENTERED IN ERROR.....REPLY to opposition to motion re 9 MOTION for Order To Dismiss and Summary Judgement filed by MARION CAMPBELL, UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Declaration Hartman Declaration, # 2 Exhibit Exhibits to Hartman Declaration)(McBride, Patricia) Modified on 10/5/2016 (jf). (Entered: 10/05/2016)
2016-10-05NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 11 Reply to opposition to Motion, was entered in error and counsel was instructed to refile said pleading. (jf) (Entered: 10/05/2016)
2016-10-0612ENTERED IN ERROR. . . . .REPLY to opposition to motion re 9 MOTION for Order filed by MARION CAMPBELL, UNITED STATES DEPARTMENT OF THE INTERIOR. (McBride, Patricia) Modified on 10/6/2016 (td). (Entered: 10/06/2016)
2016-10-06NOTICE OF ERROR re 12 Reply to opposition to Motion; emailed to patricia.mcbride@usdoj.gov, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. This document is a Reply to motion for summary judgment which is not on the docket and linked to document no. 9 which is not defendant's document. Contact the ECF Helpdesk for assistance. (ztd, ) (Entered: 10/06/2016)
2016-10-0613MOTION to Compel Defendant to Comply with Order by BARRY AHURUONYE (td) (Entered: 10/07/2016)
2016-10-1114MOTION for Summary Judgment by BARRY AHURUONYE (td) (Entered: 10/12/2016)
2017-03-0815ORDER. In accordance with the attached Order, it is hereby ORDERED that the Defendant's Reply Motion to Dismiss Plaintiff's Complaint and Motion for Summary Judgment, ECF No. 12, is GRANTED. It is further ORDERED that the Plaintiff's Response to the Agency Submission Dated 10/5/16 and Plaintiff's Motion for Summary Judgment for the Agency's Willfully and Unlawfully Concealing, Removing, Obliterating, or Destroying Federal Records in the Form of the Plaintiffs Agency's Form Within Grade Notice for 2013 and 2014 Pursuant to 5 C.F.R 531.409 Acceptable Level of Competence Determinations, ECF No. 14, is DENIED. It is further ORDERED that the Defendant's Motion to Dismiss Plaintiff's Complaint, ECF No. 8, the Plaintiff's Motion for the Judge to Compel the Agency to Produce Agency's Form Within Grade Notice for 2013 and 2014 or Sanction the Agency for Improperly Withholding this Two Documents/Forms which the Agency Admitted in their 3.16.15 MSPB Discovery Request that They Have Them, ECF No. 9, and the Plaintiff's Motion to Compel Defendant to Comply with Court Order, ECF No. 13, are DENIED AS MOOT. It is further ORDERED that this case is CLOSED. It is further ORDERED that the Clerk of the Court shall forthwith mail a copy of this Order to the plaintiff, at 2001 Oglethorpe Street, #202, Hyattsville, M.D. 20782, and also contact the plaintiff, at (312) 802-7791, regarding the issuance of the Memorandum Opinion and this Order. Signed by Judge Reggie B. Walton on March 8, 2017. (lcrbw2) (Entered: 03/08/2017)
2017-03-0816MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on March 8, 2017. (lcrbw2) (Entered: 03/08/2017)
2017-04-1017MOTION for Extension of Time to by MARION CAMPBELL, UNITED STATES DEPARTMENT OF THE INTERIOR (McBride, Patricia) (Entered: 04/10/2017)
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by FOIA Project Staff