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Case TitleSIMON v. UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00671
Date Filed2016-04-05
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffJAMES A. SIMON
Case DescriptionJames Simon, a federal prisoner, submitted multiple FOIA requests to the Executive Office for U.S. Attorneys for records about himself, his deceased wife, and DOJ prosecutions. After contacting the agency several times about his requests, the agency indicated his requests were too vague. After attempting to clarify the requests, Simon still had not received a response from the agency and filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [29]
FOIA Project Annotation: Judge Amit Mehta has ruled that EOUSA may consolidate James Simon's 61 requests for records about the prosecution of him and his wife for tax evasion. Simon insisted the agency was required to respond to the requests individually. Siding with the agency, Mehta noted that "plaintiff has cited no authority for the proposition that a court can dictate the manner of an agency's search when as here, a requester makes dozens of related FOIA requests. FOIA merely requires an agency to conduct a search for responsive records that is 'reasonably calculated to discover the requested document.'" He explained that "the court will not 'micromanage' Defendant's ongoing search for responsive recordsâ€"the agency is responsible in the first instance for crafting the methods needed to identify and produce responsive records, subject only to future judicial review upon a motion for summary judgment. Furthermore, Defendant's regulations permit it to aggregate FOIA requests in circumstances like those present here. Plaintiff has offered no valid basis for the court to 'second guess' Defendant's decision to invoke that authority here."
Issues: Request - Perfected request
User-contributed Documents
 Exhibit 1 to Motion to Require Individual Processing of Requests
Exhibit 2 to Motion to Require Individual Processing of Requests
Exhibit 3 to Motion to Require Individual Processing of Requests
Exhibit 4 to Motion to Require Individual Processing of Requests
Exhibit 5 to Motion to Require Individual Processing of Request
Exhibit 6 to Motion to Require Individual Processing of Requests
Exhibit 7 to Motion to Require Individual Processing of Requests
Exhibit 8 to Motion to Require Individual Processing of Requests
Exhibit 9 to Motion to Require Individual Processing of Requests
Exhibit10 to Motion to Require Individual Processing of Requests
Exhibit11 to Motion to Require Individual Processing of Requests
Exhibit12 to Motion to Require Individual Processing of Requests
Exhibit13 to Motion to Require Individual Processing of Requests
Exhibit14 to Motion to Require Individual Processing of Requests
Exhibit15 to Motion to Require Individual Processing of Requests
Exhibit16 to Motion to Require Individual Processing of Requests
Exhibit17 to Motion to Require Individual Processing of Requests
Exhibit18 to Motion to Require Individual Processing of Requests
Exhibit19 to Motion to Require Individual Processing of Requests
Exhibit20 to Motion to Require Individual Processing of Requests
Exhibit21 to Motion to Require Individual Processing of Requests
Exhibit22 to Motion to Require Individual Processing of Requests
Exhibit23 to Motion to Require Individual Processing of Requests
Exhibit24 to Motion to Require Individual Processing of Requests
Exhibit25 to Motion to Require Individual Processing of Requests
Exhibit26 to Motion to Require Individual Processing of Requests
Exhibit27 to Motion to Require Individual Processing of Requests
Exhibit28 to Motion to Require Individual Processing of Requests
Exhibit29 to Motion to Require Individual Processing of Requests
Exhibit30 to Motion to Require Individual Processing of Requests
Exhibit31 to Motion to Require Individual Processing of Requests
Exhibit32 to Motion to Require Individual Processing of Requests
Exhibit33 to Motion to Require Individual Processing of Requests
Exhibit34 to Motion to Require Individual Processing of Requests
Exhibit35 to Motion to Require Individual Processing of Requests
Exhibit36 to Motion to Require Individual Processing of Requests
Exhibit37 to Motion to Require Individual Processing of Requests
Exhibit38 to Motion to Require Individual Processing of Requests
Exhibit39 to Motion to Require Individual Processing of Requests
Exhibit40 to Motion to Require Individual Processing of Reques40
Exhibit41 to Motion to Require Individual Processing of Requests
Exhibit42 to Motion to Require Individual Processing of Requests
Exhibit43 to Motion to Require Individual Processing of Requests
Exhibit44 to Motion to Require Individual Processing of Requests
Exhibit45 to Motion to Require Individual Processing of Requests
Exhibit46 to Motion to Require Individual Processing of Requests
Exhibit47 to Motion to Require Individual Processing of Requests
Exhibit48 to Motion to Require Individual Processing of Requests
Exhibit49 to Motion to Require Individual Processing of Requests
Exhibit50 to Motion to Require Individual Processing of Requests
Exhibit51 to Motion to Require Individual Processing of Requests
Exhibit52 to Motion to Require Individual Processing of Requests
Exhibit53 to Motion to Require Individual Processing of Requests
Exhibit54 to Motion to Require Individual Processing of Requests
Exhibit55 to Motion to Require Individual Processing of Requests
Exhibit56 to Motion to Require Individual Processing of Requests
Exhibit57 to Motion to Require Individual Processing of Requests
Exhibit58 to Motion to Require Individual Processing of Requests
Exhibit59 to Motion to Require Individual Processing of Requests
Exhibit60 to Motion to Require Individual Processing of Requests
Exhibit61 to Motion to Require Individual Processing of Requests
Exhibit62 to Motion to Require Individual Processing of Requests
Exhibit63 to Motion to Require Individual Processing of Requests
Exhibit64 to Motion to Require Individual Processing of Requests
Exhibit65 to Motion to Require Individual Processing of Reques65
Exhibit66 to Motion to Require Individual Processing of Requests
Exhibit67 to Motion to Require Individual Processing of Requests
Exhibit68 to Motion to Require Individual Processing of Requests
Exhibit68 to Motion to Require Individual Processing of Requests
Exhibit69 to Motion to Require Individual Processing of Requests
Exhibit70 to Motion to Require Individual Processing of Requests
Motion to Require EOUSA Individual Process Requests
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-04-051COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS ( Filing fee $ 400, receipt number 4616076991) filed by JAMES A. SIMON. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(zrdj) (Entered: 04/11/2016)
2016-04-08SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, U.S. Attorney and U.S. Attorney General (zrdj) (Entered: 04/11/2016)
2016-05-232NOTICE of Appearance by Johnny Hillary Walker, III on behalf of UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Certificate of Service)(Walker, Johnny) (Entered: 05/23/2016)
2016-06-133ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Attachments: # 1 Certificate of Service)(Walker, Johnny) (Entered: 06/13/2016)
2016-06-144ORDER directing the parties to meet and confer and file a Joint Status Report on or before July 1, 2016. The Status Report should address, among other things: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Please see the attached Order for additional details. Signed by Judge Amit P. Mehta on 06/14/2016. (lcapm2) (Entered: 06/14/2016)
2016-06-14Set/Reset Deadlines/Hearings: Joint Status Report due by 7/1/2016. (cdw) (Entered: 06/14/2016)
2016-06-205MOTION to Modify the Court's June 14, 2016, Order by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Johnny) (Entered: 06/20/2016)
2016-06-21MINUTE ORDER granting 5 Defendant's Motion to Amend the Court's June 14, 2016, Order. In preparing and filing the Status Report discussed in the court's 4 June 14, 2016, Order, Defendant need not meet and confer with Plaintiff nor need it file the Status Report jointly on behalf of both parties. Defendant shall comply with the court's 4 June 14, 2016, Order in all other respects. Signed by Judge Amit P. Mehta on 06/21/2016. (lcapm2) (Entered: 06/21/2016)
2016-07-016STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Johnny) (Entered: 07/01/2016)
2016-07-057ORDER directing Defendant to file another Status Report on or before August 30, 2016, which notifies the court of Plaintiff's response to Defendant's June 23, 2016, Letter. If appropriate, the Status Report should also notify the court of whether the parties anticipate summary judgment briefing and, if so, propose a briefing schedule. Signed by Judge Amit P. Mehta on 07/05/2016. (lcapm2) (Entered: 07/05/2016)
2016-07-05Set/Reset Deadlines: Defendant Status Report due by 8/30/2016 (mac) (Entered: 07/05/2016)
2016-07-058STATUS REPORT by JAMES A. SIMON. (zrdj) (Entered: 07/07/2016)
2016-07-149OBJECTION re 6 Status Report filed by JAMES A. SIMON. (zrdj) (Entered: 07/18/2016)
2016-07-2510NOTICE of Change of Address by JAMES A. SIMON (td) (Entered: 07/28/2016)
2016-07-27MINUTE ORDER: Based on Plaintiff's Objection to Status Report filed on July 14, 2016, ECF No. 9, it appears that Plaintiff objects to prepayment of duplication costs and does not wish to reformulate or withdraw his FOIA requests. Defendant shall file a status report no later than August 10, 2016, advising the court how it intends to proceed in this matter. The status report due on August 30, 2016, is hereby vacated. Signed by Judge Amit P. Mehta on 07/27/2016. (lcapm1) (Entered: 07/27/2016)
2016-07-27Set/Reset Deadlines/Hearings: Defendant's Status Report due by 8/10/2016. (cdw) (Entered: 07/28/2016)
2016-08-1011STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order, # 3 Certificate of Service)(Walker, Johnny) (Entered: 08/10/2016)
2016-08-1112ORDER: In light of 11 Defendant's Status Report, Defendant shall submit a subsequent Status Report on or before September 9, 2016. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 08/11/2016. (lcapm2) (Entered: 08/11/2016)
2016-08-11Set/Reset Deadlines: Defendant Subsequent Status Report due by 9/9/2016. (mac) (Entered: 08/11/2016)
2016-09-0913STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Johnny) (Entered: 09/09/2016)
2016-09-0914NOTICE of Filing Exhibit by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS re 13 Status Report (Attachments: # 1 Exhibit 1 to Defendant's Status Report Dated September 9, 2016, # 2 Certificate of Service)(Walker, Johnny) (Entered: 09/09/2016)
2016-09-12MINUTE ORDER: In light of 13 the Defendant's Status Report, the Defendant shall submit a subsequent Status Report advising the court of progress and suggesting next steps on or before October 10, 2016. Signed by Judge Amit P. Mehta on 09/12/2016. (lcapm2) (Entered: 09/12/2016)
2016-09-12Set/Reset Deadlines/Hearings: Defendant's Status Report due by 10/10/2016. (cdw) (Entered: 09/13/2016)
2016-10-0715STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Johnny) (Entered: 10/07/2016)
2016-10-12MINUTE ORDER: In light of 15 the Defendant's Status Report, the Defendant shall submit a subsequent Status Report advising the court of progress and suggesting next steps on or before November 7, 2016. Signed by Judge Amit P. Mehta on 10/12/2016. (lcapm2) (Entered: 10/12/2016)
2016-10-12Set/Reset Deadlines/Hearings: Defendant's Status Report due by 11/7/2016. (cdw) (Entered: 10/13/2016)
2016-11-0716STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Johnny) (Entered: 11/07/2016)
2016-11-07MINUTE ORDER: In light of 16 the Defendant's Status Report, the Defendant shall submit a subsequent Status Report on or before January 6, 2017, advising the court as to (1) the number of potentially responsive pages resulting from the search described in paragraph 6 of 16 Defendant's Status Report filed on November 7, 2016, (2) a proposed schedule for production of such records, and (3) an estimated date for completing the production. Signed by Judge Amit P. Mehta on 11/07/2016. (lcapm2) (Entered: 11/07/2016)
2016-11-08Set/Reset Deadlines: Defendant's Status Report due by 1/6/2017 (mac) (Entered: 11/08/2016)
2017-01-0617STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Johnny) (Entered: 01/06/2017)
2017-01-09MINUTE ORDER: In light of 17 Defendant's Status Report, Defendant shall submit a subsequent Status Report on or before April 10, 2017. Signed by Judge Amit P. Mehta on 01/09/2017. (lcapm2) (Entered: 01/09/2017)
2017-01-09Set/Reset Deadlines: Defendant Status Report due by 4/10/2017. (mac) (Entered: 01/09/2017)
2017-01-1118MOTION to Process Requests Individually by JAMES A. SIMON (Attachments: # 1 Exhibit 1 thru 35, # 2 Exhibit 36 thru 70, # 3 Certificate of Service, # 4 Text of Proposed Order)(zrdj) (Entered: 01/13/2017)
2017-01-1319Consent MOTION for Extension of Time to File Response/Reply as to 18 MOTION to Process Requests Individually by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Walker, Johnny) (Entered: 01/13/2017)
2017-01-17MINUTE ORDER granting 19 Defendant's Consent Motion for Extension of Time to Respond to Plaintiff's Motion. Defendant's Response shall be due on or before February 20, 2017. Signed by Judge Amit P. Mehta on 01/17/2017. (lcapm2) (Entered: 01/17/2017)
2017-01-1820NOTICE OF SUBSTITUTION OF COUNSEL by Melanie Dyani Hendry on behalf of UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS Substituting for attorney Johnny Walker (Hendry, Melanie) (Entered: 01/18/2017)
2017-02-1321MOTION for CM/ECF Password by JAMES A. SIMON (zrdj) (Entered: 02/15/2017)
2017-02-17MINUTE ORDER denying without prejudice 21 Plaintiff's Motion for CM/ECF Password. As Plaintiff's Motion does not comply with Local Civil Rule 5.4(b), his Motion is denied without prejudice (meaning he can file another motion asking for permission to file and have access to the court's electronic docket, but such motion must comply with the local rule). Signed by Judge Amit P. Mehta on 02/17/2017. (lcapm2) (Entered: 02/17/2017)
2017-02-2122Memorandum in opposition to re 18 MOTION to Process Requests Individually filed by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Attachments: # 1 Exhibit A)(Hendry, Melanie) (Entered: 02/21/2017)
2017-02-2423MOTION for Summary Judgment by JAMES A. SIMON (Attachments: # 1 Exhibit)(zrdj) (Entered: 03/01/2017)
2017-03-0324Consent MOTION for Extension of Time to File Response/Reply as to 23 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Hendry, Melanie) (Entered: 03/03/2017)
2017-03-03MINUTE ORDER granting 24 Defendant's Consent Motion for Extension of Time. Defendant's Opposition to 23 Plaintiff's Motion for Summary Judgment shall be filed on or before March 20, 2017. Signed by Judge Amit P. Mehta on 03/03/2017. (lcapm2) (Entered: 03/03/2017)
2017-03-06Set/Reset Deadlines: Defendant's Opposition To 23 Plaintiff's Motion For Summary Judgment due by 3/20/2017. (mac) (Entered: 03/06/2017)
2017-03-0625REPLY to opposition to motion re 18 MOTION to Process Requests Individually filed by JAMES A. SIMON. (zrdj) (Entered: 03/08/2017)
2017-03-2026RESPONSE re 23 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Attachments: # 1 Declaration)(Hendry, Melanie) (Entered: 03/20/2017)
2017-04-0327REPLY to opposition to motion re 23 MOTION for Summary Judgment filed by JAMES A. SIMON. (zrdj) (Entered: 04/05/2017)
2017-04-0628STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Hendry, Melanie) (Entered: 04/06/2017)
2017-04-2629MEMORANDUM OPINION AND ORDER denying 18 Plaintiff's Motion to Process Requests Individually and 23 Plaintiff's Motion for Summary Judgment. See the attached Memorandum Opinion and Order for further details. Signed by Judge Amit P. Mehta on 04/26/2017. (lcapm2) (Entered: 04/26/2017)
2017-06-2630NOTICE by JAMES A. SIMON (jf) (Entered: 06/27/2017)
2017-06-28MINUTE ORDER directing Defendant to file a Status Report no later than July 5, 2017, updating the court on the status of Plaintiff's FOIA requests. Signed by Judge Amit P. Mehta on 06/28/2017. (lcapm2) (Entered: 06/28/2017)
2017-06-28Set/Reset Deadlines/Hearings: Defendant's Status Report due by 7/5/2017. (cdw) (Entered: 06/29/2017)
2017-06-2931STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Attachments: # 1 Declaration of David Luczynski)(Hendry, Melanie) (Entered: 06/29/2017)
2017-07-03MINUTE ORDER: In light of 31 Defendant's Status Report, Defendant shall submit a subsequent Status Report on or before July 19, 2017. Signed by Judge Amit P. Mehta on 07/03/2017. (lcapm2) (Entered: 07/03/2017)
2017-07-03Set/Reset Deadlines/Hearings: Defendant's Status Report due by 7/19/2017. (cdw) (Entered: 07/03/2017)
2017-07-1932STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Hendry, Melanie) (Entered: 07/19/2017)
2017-07-20MINUTE ORDER: In light of 32 Defendant's Status Report, Defendant shall submit a subsequent Status Report on or before September 19, 2017. Signed by Judge Amit P. Mehta on 07/20/2017. (lcapm2) (Entered: 07/20/2017)
2017-07-20Set/Reset Deadlines/Hearings: Defendant's Status Report due by 9/19/2017. (zcdw) (Entered: 07/24/2017)
2017-09-1933STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Hendry, Melanie) (Entered: 09/19/2017)
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