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Case TitleFRANCIS v. UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01683
Date Filed2015-10-14
Date Closed2017-08-21
JudgeJudge Christopher R. Cooper
PlaintiffHENRY FRANCIS
Case DescriptionHenry Francis, a federal prisoner, submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning the basis for his offense level. The agency responded by telling Francis that the records he sought were probably available from the probation office in Florida that handled his case. Francis appealed to the Office of Information Policy, which concluded that EOUSA properly told Francis that it had no responsive records. Francis then filed suit.
Complaint issues: Adequacy - Search

DefendantUNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY
DefendantSEAN R. O'NEILL Chief Administrative Appeals Staff
TERMINATED: 10/14/2015
DefendantSUSAN B. GERSON Assistant Director Executive Office for United States Attorneys, Freedom of Information & Privacy Staff
TERMINATED: 10/14/2015
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [33]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-10-141COMPLAINT against SUSAN B. GERSON, SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY filed by HENRY FRANCIS. (Attachments: # 1 Civil Cover Sheet)(td) (Entered: 10/16/2015)
2015-10-142MOTION for Leave to Proceed in forma pauperis by HENRY FRANCIS (td) (Entered: 10/16/2015)
2015-10-143PRISONER ACCOUNT STATEMENT for period of six months by HENRY FRANCIS (td) (Entered: 10/16/2015)
2015-10-144ORDER directing partial payments on the remaining balance of the $350.00 filing fee and granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Colleen Kollar-Kotelly on 10/2/15. (td) (Entered: 10/16/2015)
2015-10-145ORDER dismissing defendants SEAN R. O'NEILL and SUSAN B. GERSON with prejudice as party defendants and FURTHER ORDERED that this civil action shall proceed under the Freedom of Information Act as against the United States Department of Justice. Signed by Judge Colleen Kollar-Kotelly on 10/2/15. (td) (Entered: 10/16/2015)
2015-10-14SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, U.S. Attorney and U.S. Attorney General (td) (Entered: 10/16/2015)
2015-10-166SUMMONS Issued as to SUSAN B. GERSON, SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, U.S. Attorney and U.S. Attorney General (jf) (Entered: 10/21/2015)
2015-11-037RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/23/2015. Answer due for ALL FEDERAL DEFENDANTS by 11/22/2015. (td) (Entered: 11/05/2015)
2015-11-138NOTICE of Appearance by Claire M. Whitaker on behalf of UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY (Whitaker, Claire) (Entered: 11/13/2015)
2015-11-139RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/24/15. (td) (Entered: 11/16/2015)
2015-11-2310ANSWER to 1 Complaint by SUSAN B. GERSON, SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY.(Whitaker, Claire) (Entered: 11/23/2015)
2015-12-0811RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SEAN R. O'NEILL served on 12/4/2015; UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY served on 12/4/2015 (td) (Entered: 12/09/2015)
2015-12-1412RESPONSE re 10 Answer to Complaint filed by HENRY FRANCIS. (td) (Entered: 12/15/2015)
2016-02-10Partial Filing Fee Received from HENRY FRANCIS in the amount of $9.23, receipt number: 4616075956. (zrdj) (Entered: 02/10/2016)
2016-04-13Partial Filing Fee Received from HENRY FRANCIS in the amount of $16.05, receipt number: 4616077045. (zrdj) (Entered: 04/13/2016)
2016-05-11Partial Filing Fee Received from HENRY FRANCIS in the amount of $30.00, receipt number: 4616077524. (zrdj) (Entered: 05/12/2016)
2016-05-2713ORDER directing Defendant to file dispositive motion or proposed briefing schedule by June 24, 2016 (see written order for details). Signed by Judge Christopher R. Cooper on 5/27/16.(ah) (Entered: 05/27/2016)
2016-05-31Set/Reset Deadlines: Defendant to file dispositive motion or proposed briefing schedule by 6/24/2016. (kt) (Entered: 05/31/2016)
2016-06-13Partial Filing Fee Received from HENRY FRANCIS in the amount of $0.25, receipt number: 4616078425. (zrdj) (Entered: 06/14/2016)
2016-06-2414MOTION to Dismiss by UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4, # 5 Attachment 5, # 6 Attachment 6, # 7 Text of Proposed Order)(Whitaker, Claire) (Entered: 06/24/2016)
2016-07-0115ORDER directing plaintiff to respond by July 29, 2016, to defendant's motion to dismiss under 28 U.S.C. 1915(g) (see written order for details)(ah) (Entered: 07/01/2016)
2016-07-01Set/Reset Deadlines: Plaintiff to respond by 7/29/2016, to defendant's motion to dismiss. (kt) (Entered: 07/01/2016)
2016-07-1516RESPONSE re 14 MOTION to Dismiss filed by HENRY FRANCIS. (td) (Entered: 07/18/2016)
2016-07-1517MOTION to Appoint Counsel ; (See docket entry no. 16 to view document.) (td) (Entered: 07/18/2016)
2016-07-18Partial Filing Fee Received from HENRY FRANCIS in the amount of $18.21, receipt number: 4616079451. (zrdj) (Entered: 07/18/2016)
2016-07-2518MOTION for Extension of Time to File Response/Reply to Plaiantiff's Opposition to Motion to Dismiss by SUSAN B. GERSON, SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/25/2016)
2016-07-27MINUTE ORDER granting 18 Defendants' Motion for Extension of Time to File Response/Reply: It is hereby ORDERED that the time for filing a reply to Plaintiff's Opposition to Defendant's Motion to Dismiss be extended to and including July 29, 2016. Signed by Judge Christopher R. Cooper on 7/27/2016. (lccrc3) (Entered: 07/27/2016)
2016-07-27Set/Reset Deadlines: The time for filing a reply to Plaintiff's Opposition to Defendant's Motion to Dismiss be extended to and including 7/29/2016. (kt) (Entered: 07/27/2016)
2016-07-2819MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Dismiss by SUSAN B. GERSON, SEAN R. O'NEILL, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/28/2016)
2016-07-29MINUTE ORDER granting 19 Defendants' Motion for Extension of Time to File Response/Reply: It is hereby ORDERED that the time for filing a reply to Plaintiff's Opposition to Defendant's Motion to Dismiss is extended to and including August 18, 2016. No further extensions of this deadline will be granted. Signed by Judge Christopher R. Cooper on 7/29/2016. (lccrc3) (Entered: 07/29/2016)
2016-08-01Set/Reset Deadlines: Plaintiff's Opposition to Defendant's Motion to Dismiss is extended to and including August 18, 2016. No further extensions of this deadline will be granted. (lsj) (Entered: 08/01/2016)
2016-08-09Partial Filing Fee Received from HENRY FRANCIS in the amount of $7.00, receipt number: 4616079806. (zrdj) (Entered: 08/09/2016)
2016-08-1820REPLY to opposition to motion re 14 MOTION to Dismiss filed by UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Whitaker, Claire) (Entered: 08/18/2016)
2016-09-0621MOTION for Extension of Time by HENRY FRANCIS (td) (Entered: 09/08/2016)
2016-09-14Partial Filing Fee Received from HENRY FRANCIS in the amount of $20.00, receipt number: 4616080493. (zrdj) (Entered: 09/16/2016)
2016-10-14Partial Filing Fee Received from HENRY FRANCIS in the amount of $27.56, receipt number: 4616081066. (zrdj) (Entered: 10/14/2016)
2016-10-1822ORDER denying 14 Defendant's Motion to Dismiss; denying 17 Plaintiff's Motion to Appoint Counsel; denying 21 Plaintiff's Motion for Extension of Time; lifting the stay of proceedings and directing Defendant to file a summary judgment motion by November 9, 2016 (see written order for details). Signed by Judge Christopher R. Cooper on 10/18/16.(ah) (Entered: 10/18/2016)
2016-11-0923MOTION for Extension of Time to file Defemdamt by UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 11/09/2016)
2016-11-10Partial Filing Fee Received from HENRY FRANCIS in the amount of $23.96, receipt number: 4616081542. (zrdj) (Entered: 11/14/2016)
2016-12-01MINUTE ORDER granting 23 Motion for Extension of Time: Defendant shall file a motion for summary judgment by 12/16/2016. Signed by Judge Christopher R. Cooper on 12/1/2016. (lccrc3) (Entered: 12/01/2016)
2016-12-02Set/Reset Deadlines: Dispositive Motions due by 12/16/2016. (zlsj) (Entered: 12/02/2016)
2016-12-1624MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY (Whitaker, Claire) (Entered: 12/16/2016)
2016-12-1925MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY (Attachments: # 1 Statement of Facts, # 2 Attachment 1, # 3 Attachment 2, # 4 Text of Proposed Order)(Whitaker, Claire) (Entered: 12/19/2016)
2016-12-20MINUTE ORDER granting 24 Motion for Extension of Time to File. Signed by Judge Christopher R. Cooper on 12/20/2016. (lccrc3) (Entered: 12/20/2016)
2016-12-2326Order advising Plaintiff to respond by February 13, 2017, to Defendant's dispositive motion or risk entry of judgment for the Defendant on what will be treated as conceded facts (see written order for details). Signed by Judge Christopher R. Cooper on 12/23/16.(ah) (Entered: 12/23/2016)
2016-12-27Set/Reset Deadlines: Response to Dispositive Motions due by 2/13/2017. (zlsj) (Entered: 12/27/2016)
2017-01-0927MOTION for Extension of Time to File Response/Reply as to 25 MOTION for Summary Judgment by HENRY FRANCIS (td) (Entered: 01/11/2017)
2017-01-10Partial Filing Fee Received from HENRY FRANCIS in the amount of $5.96, receipt number: 4616082401. (zrdj) (Entered: 01/17/2017)
2017-02-1528Memorandum in opposition to re 25 MOTION for Summary Judgment filed by HENRY FRANCIS. (Attachments: # 1 Text of Proposed Order)(td) (Entered: 02/15/2017)
2017-02-15Partial Filing Fee Received from HENRY FRANCIS in the amount of $13.76, receipt number: 4616083011. (zrdj) (Entered: 02/15/2017)
2017-02-17MINUTE ORDER granting 27 Plaintiff's Motion for an Extension of Time to File Response. SO ORDERED. Signed by Judge Christopher R. Cooper on 2/17/17.(ah) (Entered: 02/17/2017)
2017-02-2229MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/22/2017)
2017-02-24MINUTE ORDER granting 29 Motion for Extension of Time to File Response/Reply: The Government shall file any Reply brief on or before March 1, 2017. Signed by Judge Christopher R. Cooper on 2/24/2017. (lccrc3) (Entered: 02/24/2017)
2017-03-0130REPLY to opposition to motion re 25 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY. (Whitaker, Claire) (Entered: 03/01/2017)
2017-04-13Partial Filing Fee Received from HENRY FRANCIS in the amount of $25.94, receipt number: 4616083967. (zrdj) (Entered: 04/17/2017)
2017-05-16Partial Filing Fee Received from HENRY FRANCIS in the amount of $40.00, receipt number: 4616084616. (zrdj) (Entered: 05/17/2017)
2017-06-2131ERRATA to ECF No. 25 by UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY. (Attachments: # 1 Exhibit A-D (originally filed as part of ECF No. 20 at Ex. E))(Whitaker, Claire) (Entered: 06/21/2017)
2017-07-11Partial Filing Fee Received from HENRY FRANCIS in the amount of $10.69, receipt number: 4616085926. (zrdj) (Entered: 07/12/2017)
2017-08-08Partial Filing Fee Received from HENRY FRANCIS in the amount of $24.00, receipt number: 4616086494. (zrdj) (Entered: 08/08/2017)
2017-08-2132ORDER granting 25 Motion for Summary Judgment. For the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that 25 Defendant's Motion for Summary Judgment be GRANTED. Signed by Judge Christopher R. Cooper on 8/21/2017. (lccrc3) (Entered: 08/21/2017)
2017-08-2133MEMORANDUM OPINION re 32 Order granting Motion for Summary Judgment. Signed by Judge Christopher R. Cooper on 8/21/2017. (lccrc3) (Entered: 08/21/2017)
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by FOIA Project Staff