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Case TitleOTERO v. U.S. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv02004
Date Filed2014-11-25
Date Closed2016-04-04
JudgeChief Judge Beryl A. Howell
PlaintiffROLANDO R. OTERO
Case DescriptionRolando Otero submitted several FOIA requests to the FBI for records about his investigation. The agency denied his request and Otero appealed the decision to the Office of Information Policy, which upheld the FBI's denial. Otero then filed suit.
Complaint issues: Adequacy - Search

DefendantU.S. DEPARTMENT OF JUSTICE
DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantDAVID H. HARDY Chief Record of Information
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [41]
Opinion/Order [55]
FOIA Project Annotation: Judge Beryl Howell has ruled that the FBI properly declined to process Rolando Otero's FOIA requests after discovering that he still owed fees from a request he had made in 2000 and that his Privacy Act to amend his records was time-barred. Otero had made a number of FOIA requests to the FBI over the years and while processing a 2014 FOIA request, the agency discovered Otero stilled owed fees from the processing of a 2000 FOIA request and declined to continue to process his current request until he paid the remaining assessed fee. Otero also contended his records contained an allegation that he was HIV positive and asked the agency to expunge that information. In addressing that issue, the FBI found Otero had requested the same relief in 2002, based on a 1996 detention at the Indianapolis County Jail, where claims that he carried the HIV virus first surfaced. In response to the 2002 amendment request, the FBI told Otero the records were in an exempt system of law enforcement records under the Privacy Act. While Howell did not address whether Otero had failed to exhaust his administrative remedies by not challenging the FBI's fee assessment, she agreed with that the agency's regulations allowed it to require payment of fees that are still owed. She pointed that "the FBI is entitled to refuse to perform any additional work on the plaintiff's FOIA request because he had not paid the $20.10 still owed from the release of records in June 2000 in response to [his request]." Turning to Otero's Privacy Act expungement request, Howell observed that in response to his 2002 request for expungement the FBI had denied his request. Howell noted that "on February 13, 2002, the OIP affirmed the FBI's decision to deny amendment of agency records by expunging records indicating that the plaintiff is known or suspected of having been infected with HIV. Thus, the two-year statute of limitations applicable to Privacy Act claims would have expired on or about February 13, 2004. Accordingly, the Court concludes that the plaintiff's Privacy Act claim is time-barred." She also found Otero had not shown that he suffered any damages as a result of the FBI's failure to expunge his records, pointing out that Otero "identifies no support for an award of damages " actual or otherwise " arising from a purported violation of the Privacy Act."
Issues: Fees - Commitment to pay, Litigation - Jurisdiction - Failure to State a Claim
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-11-251COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE filed by ROLANDO R. OTERO. (Attachments: # 1 Civil Cover Sheet)(td, ) (Entered: 11/26/2014)
2014-11-25SUMMONS (5) Issued as to FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 11/26/2014)
2014-11-252MOTION for Leave to Proceed in forma pauperis by ROLANDO R. OTERO (td, ) (Entered: 11/26/2014)
2014-11-253PRISONER ACCOUNT STATEMENT by ROLANDO R. OTERO (td, ) (Entered: 11/26/2014)
2014-11-254ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Rudolph Contreras on 11/21/14. (See order for further details) (td, ) (Entered: 11/26/2014)
2014-11-26SUMMONS (5) Issued as to FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (rd) (Entered: 11/26/2014)
2014-12-125RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/4/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 1/3/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 12/1/2014, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/1/2014. (rdj) (Entered: 12/15/2014)
2014-12-296MOTION for Extension of Time to File Answer by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Anderson, Rafique) (Entered: 12/29/2014)
2014-12-29MINUTE ORDER (paperless) GRANTING the defendant's 6 Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint. Accordingly, the defendant shall, by February 3, 2015, answer or otherwise respond to the plaintiff's 1 Complaint. Signed by Judge Beryl A. Howell on December 29, 2014. (lcbah3) (Entered: 12/29/2014)
2014-12-30Set/Reset Deadlines: Answer to the Complaint by FEDERAL BUREAU OF INVESTIGATION and U.S. DEPARTMENT OF JUSTICE due by 2/3/2015. (tg, ) (Entered: 12/30/2014)
2014-12-307RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DAVID H. HARDY served on 12/1/2014 (rdj) (Entered: 12/31/2014)
2015-01-068AMENDED COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE filed by ROLANDO R. OTERO.(rdj) (Entered: 01/07/2015)
2015-02-029MOTION for Extension of Time to RESPOND TO PLAINTIFFS COMPLAINT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Anderson, Rafique) (Entered: 02/02/2015)
2015-02-03MINUTE ORDER (paperless) GRANTING the defendant's 9 Motion for Extension of Time. Accordingly, the defendant shall, by March 6, 2015, answer or otherwise respond to the plaintiff's 1 Complaint. Signed by Judge Beryl A. Howell on February 3, 2015. (lcbah2) (Entered: 02/03/2015)
2015-02-03Set/Reset Deadlines: Answer or respond to complaint by 3/6/2015, (mpt, ) (Entered: 02/03/2015)
2015-03-0410Mail Returned as undeliverable. Mail sent to Rolando R. Otero; Type of Document Returned: Minute Order entered on 2/3/2015; Resent at new address. (tg, ) (Entered: 03/04/2015)
2015-03-0611NOTICE of Appearance by Rafique Omar Anderson on behalf of All Defendants (Anderson, Rafique) (Entered: 03/06/2015)
2015-03-0612MOTION for Extension of Time to RESPOND TO PLAINTIFF'S COMPLAINT by FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE (Anderson, Rafique) (Entered: 03/06/2015)
2015-03-11MINUTE ORDER (paperless) GRANTING the defendants' 12 Motion for Extension of Time nunc pro tunc . Accordingly, the defendants shall, by March 20, 2015, answer or otherwise respond to the plaintiff's 1 Complaint. Signed by Judge Beryl A. Howell on March 11, 2015. (lcbah2) (Entered: 03/11/2015)
2015-03-11Set/Reset Deadlines: Answer to the Complaint due by 3/20/2015. (tg, ) (Entered: 03/11/2015)
2015-03-2013MOTION for Extension of Time to RESPOND TO PLAINTIFF'S COMPLAINT by FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE (Anderson, Rafique) (Entered: 03/20/2015)
2015-03-23MINUTE ORDER (paperless) GRANTING the defendants' 13 Motion for Extension of Time nunc pro tunc . Accordingly, the defendants shall, by March 25, 2015, answer or otherwise respond to the plaintiff's 1 Complaint. Signed by Judge Beryl A. Howell on March 23, 2015. (lcbah2) (Entered: 03/23/2015)
2015-03-23Set/Reset Deadline: The defendants shall, by 3/25/2015, answer or otherwise respond to the plaintiff's 1 Complaint. (ad) (Entered: 03/23/2015)
2015-03-2514MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order statement of facts, # 2 Memorandum in Support memorandum in support, # 3 Declaration hardy declaration, # 4 Errata hardy declaration exhibits)(Anderson, Rafique) Modified on 3/31/2015 (rdj). (Entered: 03/25/2015)
2015-03-2615RESPONSE re 12 MOTION for Extension of Time to RESPOND TO PLAINTIFF'S COMPLAINT filed by ROLANDO R. OTERO. (rdj) (Entered: 03/27/2015)
2015-03-2716Order advising plaintiff to respond by 4/30/2015 to defendants' 14 MOTION for Summary Judgment, or the Court.may treat the motion as conceded. Signed by Judge Beryl A. Howell on 3/27/15. (ms, ) (Entered: 03/27/2015)
2015-03-27Set/Reset Deadline: The plaintiff shall file his opposition or other response to the defendants' motion to dismiss or for summary judgment not later than 4/30/2015. (ad) (Entered: 03/27/2015)
2015-04-1317MOTION for defendant to produce him with proper and adequate copies of its Response to his Amended Complaint by ROLANDO R. OTERO (td, ) (Entered: 04/14/2015)
2015-04-24MINUTE ORDER: It is hereby ordered that "Plaintiff's Request to Defendant to Produce Him with Proper and Adequate Copies of its Response to his Amended Typed Complaint" 17 is GRANTED. Defendant shall serve on plaintiff a copy (single-sided pages) of its Motion for Summary Judgment by May 1, 2015. The deadline for plaintiff's opposition or other response to defendant's motion is extended to June 1, 2015. Signed by Judge Beryl A. Howell on 4/24/15. (ms, ) Modified on 4/24/2015 (ms, ). (Entered: 04/24/2015)
2015-04-24Set/Reset Deadlines: Service of copy of single-sided pages of Defendant's Motion for Summary Judgment on Plaintiff due by 5/1/2015. Plaintiff's Opposition to Motion for Summary Judgment due by 5/30/2015. (tg, ) (Entered: 04/24/2015)
2015-04-2918NOTICE OF SUBSTITUTION OF COUNSEL by Claire M. Whitaker on behalf of FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE Substituting for attorney Rafique Anderson (Whitaker, Claire) (Entered: 04/29/2015)
2015-04-2919RESPONSE TO ORDER OF THE COURT re Order on Motion for Order,, filed by FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE. (Whitaker, Claire) (Entered: 04/29/2015)
2015-05-1920MOTION for Production of Brady Materials by ROLANDO R. OTERO. "Leave to file GRANTED" signed by Beryl A. Howell on 05/19/2015 (jf, ) (Entered: 05/19/2015)
2015-05-2221MOTION Updating the Court by ROLANDO R. OTERO (rdj) (Entered: 05/26/2015)
2015-06-0122MOTION for Extension of Time by ROLANDO R. OTERO (rdj) (Entered: 06/03/2015)
2015-06-0323MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Extension of Time to, 20 MOTION for Production of Brady Materials, 21 MOTION Updating the Court by FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 06/03/2015)
2015-06-09MINUTE ORDER: It is hereby ordered that plaintiff's motion 22 for an extension of time is granted, and his opposition or other response to defendants' motion for summary judgment is due by July 30, 2015. It is further ordered that defendants' motion 23 for an extension of time is granted, and their reply and opposition to "Plaintiff's Request for Production of Brady Materials" and "Motion Updating the Court" [ECF Nos. 20-21] are due by August 10, 2015. Signed by Judge Beryl A. Howell on 6/9/15. (psc) (Entered: 06/09/2015)
2015-06-10Set/Reset Deadlines: Opposition due by 7/30/2015; Replies due by 8/10/2015. (mpt) (Entered: 06/10/2015)
2015-06-1824WITHDRAWN PURSUANT TO MINUTE ORDER FILED 9/28/2015.....MOTION for Order by ROLANDO R. OTERO (zrdj) Modified on 9/28/2015 (zrdj). (Entered: 06/23/2015)
2015-07-0625MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Order by FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/06/2015)
2015-07-0626ERRATA (correcting Proposed Order at ECF 25-1) by FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE. (Whitaker, Claire) (Entered: 07/06/2015)
2015-07-14MINUTE ORDER: Defendants' 25 Motion for Extension of Time is granted, and the response to plaintiff's 24 MOTION for Order is due by 8/10/2015. Signed by Judge Beryl A. Howell on 7/14/15. (ms) (Entered: 07/14/2015)
2015-07-14Set/Reset Deadlines: Defendants' Response to Plaintiff's 24 Motion for Order due by 8/10/2015. (tg) (Entered: 07/14/2015)
2015-07-2727MOTION for Extension of Time by ROLANDO R. OTERO (zrdj) (Entered: 07/30/2015)
2015-08-10MINUTE ORDER: Plaintiff's 27 Motion for Extension of Time is granted, and his response to defendant's motion for summary judgment is due by September 14, 2015. Signed by Judge Beryl A. Howell on 8/10/15. (ms) (Entered: 08/10/2015)
2015-08-10Set/Reset Deadlines: Plaintiff's Response to Motion for Summary Judgment due by 9/14/2015. (tg) (Entered: 08/10/2015)
2015-08-1028MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 08/10/2015)
2015-08-1029Memorandum in opposition to re 20 MOTION for Production of Brady Materials, 24 MOTION for Order filed by FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE. (Whitaker, Claire) (Entered: 08/10/2015)
2015-08-17MINUTE ORDER: Defendants' 28 Motion for Extension of Time is granted, and its Reply is due not more than 10 days after Plaintiff's opposition to the motion for summary judgment is filed on the court's electronic docket. Signed by Judge Beryl A. Howell on 8/17/15. (ms) (Entered: 08/17/2015)
2015-08-2030MOTION to Withdraw 24 MOTION for Order by ROLANDO R. OTERO (zrdj) (Entered: 08/21/2015)
2015-08-2031NOTICE of Change of Address by ROLANDO R. OTERO (See docket entry 30 to view document)(zrdj) (Entered: 08/21/2015)
2015-08-2432MOTION for Lack of Having Adequate Access to the Courts by ROLANDO R. OTERO (zrdj) (Entered: 08/26/2015)
2015-09-0834MOTION for Extension of Time by ROLANDO R. OTERO (zrdj) (Entered: 09/10/2015)
2015-09-0933Mail Returned as undeliverable. Mail sent to Rolando R. Otero; Type of Document Returned: Copy of Minute Order entered on 8/17/2015: New Address: Unknown. (tg) (Entered: 09/09/2015)
2015-09-2135REPLY to opposition to motion re 20 MOTION for Production of Brady Materials filed by ROLANDO R. OTERO. (zrdj) (Entered: 09/22/2015)
2015-09-28MINUTE ORDER: It is hereby ORDERED that Plaintiff's Request for Production of Brady Materials 20 is DENIED for the reasons set forth in defendants opposition [ECF Nos. 28-29]. It is further ORDERED that plaintiff's Motion to Withdraw Plaintiff's Request to this Honorable Court Directing the Warden of Desoto Correctional David Lawrence to Provide this Court the Result of Plaintiff's Blood Test for AIDS/HIV 30 is GRANTED, and Plaintiff's Request to this Honorable Court to Issue an Order Directing the Warden of Desoto Correctional, David Lawrence, to Provide this Court with Copy of the Result of Plaintiff's Blood Test for AIDS/HIV 24 is WITHDRAWN. It is further ORDERED that Plaintiff's Motion Updating the Court 21 is DENIED and is construed instead as a Notice. It is further ORDERED that Plaintiff's Motion for Extension of Time for 15 Days 34 is GRANTED nunc pro tunc. It is further ORDERED that Plaintiff's Motion for Lack of Having Adequate Access to the Courts 32 is DENIED, in light of the subsequent filing of Plaintiff's Response to Defendants' Motion Requesting Production of Brady Material 35 . Signed by Judge Beryl A. Howell on 9/28/15. (ms) (Entered: 09/28/2015)
2015-11-0436MOTION for Florida Department of Corrections to transfer plaintiff by ROLANDO R. OTERO (zrdj) (Entered: 11/05/2015)
2015-11-1737RESPONSE re 36 MOTION for FLorida Department of Corrections to transfer plaintiff filed by FEDERAL BUREAU OF INVESTIGATION, DAVID H. HARDY, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 11/17/2015)
2015-12-1438MOTION for Extension of Time by ROLANDO R. OTERO (zrdj) (Entered: 12/15/2015)
2015-12-23MINUTE ORDER: It is hereby ordered that the plaintiff's "Motion and Notice Requesting the Florida Department of Corrections/Classification and South Florida Reception Center to Transfer the Plaintiff to Everglades Correctional, based on Extraordinary Circumstances and 'Lack of Access to the Courts'" 36 is DENIED. It is further ordered that the plaintiff's Motion for Extension of Time 38 is granted. Plaintiff shall file his 36 is DENIED. It is further ordered that the plaintiff's Motion for Extension of Time 38 is granted. Plaintiff shall file his opposition or other response to the defendants' Motion for Summary Judgment [ECF No. 14] by January 30, 2016. Signed by Judge Beryl A. Howell on 12/23/15. (ms) (Entered: 12/23/2015)
2015-12-28Set/Reset Deadlines: Response to Motion for Summary Judgment due by 1/30/2016. (tg) (Entered: 12/28/2015)
2016-02-0939MOTION for Extension of Time by ROLANDO R. OTERO (zrdj) "Leave to file GRANTED" by Judge Beryl A. Howell (Entered: 02/10/2016)
2016-02-11MINUTE ORDER: Plaintiff's 39 Motion for Extension of Time is granted, and his opposition or other response to defendants' motion is due by March 1, 2016. Signed by Judge Beryl A. Howell on 2/10/16. (ms) (Entered: 02/11/2016)
2016-02-11Set/Reset Deadlines: Plaintiff's Responses due by 3/1/2016. (tg) (Entered: 02/11/2016)
2016-03-0240Mail Returned as undeliverable. Mail sent to Rolando R. Otero; Type of Document Returned: Minute Order entered on 2/11/2016; New address: unknown. (tg) (Entered: 03/02/2016)
2016-04-0441MEMORANDUM AND OPINION. Signed by Chief Judge Beryl A. Howell on 4/4/16. (ms) (Entered: 04/04/2016)
2016-04-0442ORDER denying 14 without prejudice the defendant's Motion for Summary Judgment and dismissing without prejudice the Amended Complaint and this civil action. Signed by Chief Judge Beryl A. Howell on 4/4/16. (ms) (Entered: 04/04/2016)
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