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Case TitleROSEBERRY-ANDREWS v. PAVLIK-KEENAN et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00063
Date Filed2016-01-13
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffCYNTHIA L. ROSEBERRY-ANDREWS
Case DescriptionCynthia Roseberry-Andrews submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning her employment with the FOIA office. The agency acknowledged her request, but after hearing nothing further, Roseberry-Andrews filed an appeal. After hearing nothing more from the agency, Roseberry-Andrews filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantCATRINA PAVLIK-KEENAN
DefendantCATRINA PAVLIK-KEENAN
TERMINATED: 04/20/2016
DefendantJEH CHARLES JOHNSON Secretary - Department of Homeland
DefendantKAREN NEUMAN Chief FOIA Officer, Department of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [29]
FOIA Project Annotation: Judge Timothy Kelly has ruled that the Department of Homeland Security properly processed a request from former U.S. Immigration and Customs Enforcement employee Cynthia Roseberry-Andrews for records about her employment at ICE, but that because the agency had not sufficiently explained its search or segregability decisions, it was not entitled to summary judgment. Roseberry-Andrews requested records from eight separate offices in DHS. Roseberry-Andrews argued the agency had violated FOIA by failing to respond within the statutory time limit. But Kelly pointed out that "an agency's failure to comply with these statutory deadlines is not an independent basis for a claim." He explained that "in this case, Defendant cannot " and did not " argue that Roseberry-Andrews failed to exhaust her administrative remedies. But Defendant's failure to communicate its initial determination within 30 days does not provide Roseberry-Andrews a separate claim that it violated FOIA." Kelly agreed with Roseberry-Andrews that the agency had failed to explain why it did not search three offices identified in her request. He noted that "in light of Roseberry-Andrew's specific request that Defendant search these three additional offices and Defendant's failure to explain why it did not do so, the Court denies Defendant's request for summary judgment as to the adequacy of its search." Kelly also faulted the agency's search for its failure to explain the search terms it used and, further, why some offices used inconsistent search terms. Kelly approved the agency's exemption claims under Exemption 5 (privileges), Exemption 6 (invasion of privacy), and Exemption 7 (law enforcement records). Kelly rejected the agency's segregability analysis, noting it was conclusory. He observed that "it is unclear on the record before the Court whether Defendant withheld any information on the grounds that it was non-segregable (and, if so, what explanation it would offer to justify such withholdings). The Court notes that similar attestations have been met with skepticism by other courts in this Circuit."
Issues: Adequacy - Search, Segregability - Disclosure of all non-exempt records
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-01-131COMPLAINT against CATRINA PAVLIK-KEENAN, SARAH SALDANA, KAREN NEUMAN (Filing fee $ 0.00) filed by CYNTHIA L. ROSEBERRY-ANDREWS. (Attachments: # 1 Civil Cover Sheet)(jf) (Entered: 01/15/2016)
2016-01-13SUMMONS Not Issued as to CATRINA PAVLIK-KEENAN, SARAH SALDANA, KAREN NEUMAN. (jf) (Entered: 01/15/2016)
2016-01-132MOTION for Leave to Proceed in forma pauperis by CYNTHIA L. ROSEBERRY-ANDREWS (jf) (Entered: 01/15/2016)
2016-01-13FIAT ORDER granting 2 Motion for Leave to Proceed in forma pauperis. "Leave to file without prepayment of costs GRANTED" Signed by Judge Beryl A. Howell on 1/12/2016. (jf) Modified on 1/15/2016 (td). (Entered: 01/15/2016)
2016-01-133NOTICE OF RELATED CASE by CYNTHIA L. ROSEBERRY-ANDREWS. Case related to Case No. 15-2051. (jf) (Entered: 01/15/2016)
2016-01-134MOTION to Permit Mailing Address by CYNTHIA L. ROSEBERRY-ANDREWS (jf) (Entered: 01/15/2016)
2016-01-13FIAT ORDER granting 4 MOTION to Permit Mailing Address. Leave to use P.O. Box Address GRANTED" Signed by Judge Beryl A. Howell on 01/12/2016. (jf) (Entered: 01/15/2016)
2016-01-135MOTION for CM/ECF Password by CYNTHIA L. ROSEBERRY-ANDREWS (jf) (Entered: 01/15/2016)
2016-01-20MINUTE ORDER granting 5 Plaintiff's Motion for CM/ECF Password. Plaintiff is hereby granted leave to obtain a CM/ECF user name and password for the purpose of filing electronically in accordance with Local Civil Rule 5.4. SO ORDERED. Signed by Judge Ketanji Brown Jackson on 1/20/16.(ah) (Entered: 01/20/2016)
2016-01-286SUMMONS Issued as to CATRINA PAVLIK-KEENAN, SARAH SALDANA, KAREN NEUMAN, U.S. Attorney and U.S. Attorney General (md) (Entered: 01/28/2016)
2016-02-128RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/10/16. (td) (Entered: 02/16/2016)
2016-02-167NOTICE of Appearance by Jennifer Joy Lee on behalf of All Defendants (Lee, Jennifer) (Entered: 02/16/2016)
2016-03-029MOTION for Extension of Time to File Answer re 1 Complaint by KAREN NEUMAN, CATRINA PAVLIK-KEENAN, SARAH SALDANA (Lee, Jennifer) (Entered: 03/02/2016)
2016-03-03MINUTE ORDER granting, for good cause shown, 9 Motion for Extension of Time to Answer. It is hereby ORDERED that Defendants shall file a status report on the processing of Plaintiff's FOIA request by 4/1/2016, and that Defendants shall answer or otherwise respond to Plaintiff's complaint by 4/18/2016. Signed by Judge Ketanji Brown Jackson on 03/03/2016. (lckbj1) (Entered: 03/03/2016)
2016-03-2410ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/23/2016. Answer due for ALL FEDERAL DEFENDANTS by 4/22/2016. (zrdj) Modified on 3/28/2016 (zrdj). (Entered: 03/25/2016)
2016-03-28NOTICE OF CORRECTED DOCKET ENTRY: re 10 Summons Returned Executed in FOIA as to U.S. Attorney, was entered in error (Wrong Case). (zrdj) (Entered: 03/28/2016)
2016-03-3111STATUS REPORT by CATRINA PAVLIK-KEENAN. (Lee, Jennifer) (Entered: 03/31/2016)
2016-04-0112NOTICE OF SUBSTITUTION OF COUNSEL by Johnny Hillary Walker, III on behalf of CATRINA PAVLIK-KEENAN Substituting for attorney Jennifer Joy Lee (Walker, Johnny) (Entered: 04/01/2016)
2016-04-1813ANSWER to 1 Complaint by CATRINA PAVLIK-KEENAN. (Attachments: # 1 Certificate of Service)(Walker, Johnny) (Entered: 04/18/2016)
2016-04-2014AMENDED COMPLAINT by CYNTHIA L. ROSEBERRY-ANDREWS (ROSEBERRY-ANDREWS, CYNTHIA) Modified on 4/21/2016 (jf). (Entered: 04/20/2016)
2016-05-03MINUTE ORDER: Local Civil Rules 16.3(b)(9) and 16.5(c)(1) exempt this FOIA action from the conferencing, scheduling, and discovery rules. In its March 31, 2016 Status Report, Defendant represents that the processing of Plaintiff's request is underway. Accordingly, it is ORDERED that Defendant shall file a status report on the processing of Plaintiff's FOIA request and a proposed briefing schedule by June 3, 2016. SO ORDERED. Signed by Judge Ketanji Brown Jackson on 5/3/16. (ah) (Entered: 05/03/2016)
2016-05-03Set/Reset Deadlines: Status Report and proposed briefing schedule due by 6/3/2016. (gdf) (Entered: 05/03/2016)
2016-05-0515RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CATRINA PAVLIK-KEENAN served on 4/26/2016 (jf) (Entered: 05/06/2016)
2016-05-0916ANSWER to Complaint (Amended) [ECF No. 14] by JEH JOHNSON.(Walker, Johnny) (Entered: 05/09/2016)
2016-06-0317STATUS REPORT and Proposed Briefing Schedule by JEH JOHNSON. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 06/03/2016)
2016-06-0818ORDER setting briefing schedule (see written order for details). Signed by Judge Ketanji Brown Jackson on 6/8/16.(ah) (Entered: 06/08/2016)
2016-06-13Set/Reset Deadlines: Summary Judgment motions due by 8/12/2016. Response to Motion for Summary Judgment due by 9/30/2016. Reply to Motion for Summary Judgment due by 10/21/2016. (gdf) (Entered: 06/13/2016)
2016-08-0919Consent MOTION for Extension of Time to File Summary Judgment Motion by JEH CHARLES JOHNSON (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 08/09/2016)
2016-09-0120ERRATA by JEH CHARLES JOHNSON 19 Consent MOTION for Extension of Time to File Summary Judgment Motion filed by JEH CHARLES JOHNSON. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 09/01/2016)
2016-09-0921Consent MOTION for Extension of Time to Move for Summary Judgment by JEH CHARLES JOHNSON (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 09/09/2016)
2016-09-12MINUTE ORDER granting 21 Defendant's Consent Motion for an Extension of Time. The parties shall adhere to the following amended schedule: Defendant's motion for summary judgment is due by October 3, 2016; Plaintiff's opposition is due by November 21, 2016; Defendant's reply is due by December 12, 2016. SO ORDERED. Signed by Judge Ketanji Brown Jackson on 9/12/16.(ah) Modified on 9/12/2016 (ah). (Entered: 09/12/2016)
2016-09-12MINUTE ORDER granting nunc pro tunc 19 Defendant's Motion for an Extension of Time. SO ORDERED. Signed by Judge Ketanji Brown Jackson on 9/12/16.(ah) (Entered: 09/12/2016)
2016-09-12Set/Reset Deadlines: Defendants' motion for Summary Judgment due by 10/3/2016. Plaintiff's opposition is due by 11/21/2016. Defendants' reply is due by 12/12/2016. (nbn) (Entered: 09/13/2016)
2016-10-0322MOTION for Summary Judgment by JEH CHARLES JOHNSON (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Fernando Pineiro (with exhibits), # 4 Declaration of Kevin Tyrrell (with exhibits), # 5 Text of Proposed Order)(Walker, Johnny) (Entered: 10/03/2016)
2016-10-2623Order advising plaintiff to respond by November 21, 2016, to defendant's motion for summary judgment or risk entry of judgment for the defendant on what will be treated as a conceded motion (see written order for details). Signed by Judge Ketanji Brown Jackson on 10/26/16.(ah) (Entered: 10/26/2016)
2016-11-2124Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment by CYNTHIA L. ROSEBERRY-ANDREWS (ROSEBERRY-ANDREWS, CYNTHIA) (Entered: 11/21/2016)
2016-11-2125Memorandum in opposition to re 24 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment , 22 MOTION for Summary Judgment Material Facts and Points & Auth filed by CYNTHIA L. ROSEBERRY-ANDREWS. (ROSEBERRY-ANDREWS, CYNTHIA) (Entered: 11/21/2016)
2016-12-1226REPLY to opposition to motion re 22 MOTION for Summary Judgment filed by JEH CHARLES JOHNSON. (Walker, Johnny) (Entered: 12/12/2016)
2016-12-1227Memorandum in opposition to re 24 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by JEH CHARLES JOHNSON. (Walker, Johnny) (Entered: 12/12/2016)
2017-10-0628Case directly reassigned to Judge Timothy J. Kelly as related to 15cv2051(TJK). Judge Ketanji Brown Jackson is no longer assigned to the case. (ztnr) (Entered: 10/06/2017)
2018-03-1329MEMORANDUM OPINION AND ORDER granting in part and denying in part 22 Defendant's Motion for Summary Judgment, and reserving judgment in part on and denying in part 24 Plaintiff's Cross-Motion for Summary Judgment. Please refer to full order for further details. Signed by Judge Timothy J. Kelly on 3/13/2018. (lctjk3) (Entered: 03/13/2018)
2018-05-1430Second MOTION for Summary Judgment by JEH CHARLES JOHNSON (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Supplemental Declaration of Catrina Pavlik-Keenan, # 4 Text of Proposed Order)(Walker, Johnny) (Entered: 05/14/2018)
2018-06-1131RESPONSE re 30 Second MOTION for Summary Judgment PLAINTIFFS OPPOSITION TO DEFENDANTS RENEWED MOTION FOR SUMMARY JUDGMENT filed by CYNTHIA L. ROSEBERRY-ANDREWS. (ROSEBERRY-ANDREWS, CYNTHIA) (Entered: 06/11/2018)
2018-06-1532REPLY to opposition to motion re 30 Second MOTION for Summary Judgment filed by JEH CHARLES JOHNSON. (Walker, Johnny) (Entered: 06/15/2018)
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