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Case TitleHarrison v. Executive Office for United States Attorneys
DistrictSouthern District of California
CitySan Diego
Case Number3:2016cv01310
Date Filed2016-05-31
Date ClosedOpen
JudgeJudge Janis L. Sammartino
PlaintiffDavid Scott Harrison
Case DescriptionDavid Harrison, a state prisoner, submitted a FOIA request to the Executive Office for U.S. Attorneys for records of communications sent by an Assistant U.S. Attorney in San Diego to a federal judge based on Harrison having contacted the judge by letter. The agency told Harrison that it found no records. Harrison filed an appeal with the Office of Information Policy, which upheld the agency's decision. Harrison then filed suit.
Complaint issues: Adequacy - Search

DefendantExecutive Office for United States Attorneys
Documents
Docket
Complaint
Opinion/Order [3]
Opinion/Order [13]
Opinion/Order [20]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-05-311COMPLAINT against Executive Office for United States Attorneys, filed by David Scott Harrison. (Filing fee $400.00; fee not paid; IFP filed) The new case number is 3:16-cv-1310-JLS-BGS. Judge Janis L. Sammartino and Magistrate Judge Bernard G. Skomal are assigned to the case.[ Case in Screening per 28 USC 1915 ] (skh) (Entered: 06/01/2016)
2016-05-312MOTION for Leave to Proceed in forma pauperis by David Scott Harrison. (skh) (Entered: 06/01/2016)
2016-07-213ORDER: (1) granting 2 Motion to Proceed in forma pauperis, and (2) Directing U.S. Marshal to Effect Service of Summons and Complaint Pursuant to 28 U.S.C. § 1915(d) and Fed. R. Civ. P. 4(c)(3). US Marshal shall effect service of complaint. The Secretary CDCR, or his designee, is ordered to collect from prison trust account the $350 balance of the filing fee owed in this case by collecting monthly payments from the trust account in an amount equal to 20% of the preceding month income credited to the account and forward payments to the Clerk of the Court each time the amount in the account exceeds $10 in accordance with 28 USC 1915(b)(2). (Order electronically transmitted to Secretary of CDCR). Signed by Judge Janis L. Sammartino on 7/21/2016. (All non-registered users served via U.S. Mail Service)(kcm) (Entered: 07/22/2016)
2016-07-224Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons will be mailed to plaintiffs not receiving notice electronically. (Attachments: # 1 IFP Letter)(kcm) (Entered: 07/22/2016)
2016-09-165SUMMONS Returned Executed by David Scott Harrison. Executive Office for United States Attorneys served. (nbp) (Entered: 09/20/2016)
2016-09-166SUMMONS Returned Executed by David Scott Harrison. United States Attorneys Office served. (nbp) (Entered: 09/20/2016)
2016-09-167SUMMONS Returned Executed by David Scott Harrison. U.S. Attorney General served. (nbp) Modified on 9/21/2016 to correct dkt text (nbp). (Entered: 09/20/2016)
2016-09-288ANSWER to 1 Complaint, by Executive Office for United States Attorneys. (Attachments: # 1 Proof of Service)(Parker, Katherine)Attorney Katherine Lind Parker added to party Executive Office for United States Attorneys(pty:dft) (nbp) (Entered: 09/28/2016)
2016-10-289Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion for Leave to Take Discovery from Defendant, from Plaintiff David Scott Harrison. Non-compliance with local rule(s), OTHER: L.R. 36.1(c) and Fed.R.Civ.P. 34(b) Requests for discovery, including requests for production, are not to be filed with the Court. Nunc Pro Tunc 10/17/2016. Signed by Magistrate Judge Bernard G. Skomal on 10/28/2016.(All non-registered users served via U.S. Mail Service)(kcm) (Entered: 10/31/2016)
2016-10-2810Motion for Leave to Take Discovery from Defendant by David Scott Harrison. (Filed Nunc Pro Tunc 10/17/2016) (kcm) (Entered: 10/31/2016)
2016-11-0311MOTION for Summary Judgment by Executive Office for United States Attorneys. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Katherine L. Parker, # 3 Proof of Service)(Parker, Katherine) (nbp) (Entered: 11/03/2016)
2016-11-1412ORDER Setting Briefing Schedule re 11 MOTION for Summary Judgment : It is ordered that Plaintiff David Scott Harrison's response, if any, is due on or before December 2, 2016. Defendant's reply is due on or before December 30, 2016. A hearing on Defendant's Motion for Summary Judgment is currently set for February 2, 2017 at 3:00 p.m. before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 11/14/2016.(All non-registered users served via U.S. Mail Service)(kcm) (Entered: 11/14/2016)
2016-11-1613ORDER denying 10 Motion for Leave to Take Discovery from Defendant. Plaintiff seeks leave to conduct discovery to obtain the records he believes he has been improperly denied under FOIA. Plaintiff is not entitled to this discovery at this stage of the case. Therefore, the Motion for Leave to Take Discovery is denied. Signed by Magistrate Judge Bernard G. Skomal on 11/16/2016. (All non-registered users served via U.S. Mail Service)(kcm) (Entered: 11/16/2016)
2016-11-1814RESPONSE in Opposition Motion for Summary Judgment (Doc. No. 11 ) filed by David Scott Harrison. (nbp) (Entered: 11/23/2016)
2016-12-2915REPLY to Response to Motion re 11 MOTION for Summary Judgment filed by Executive Office for United States Attorneys. (Attachments: # 1 Proof of Service)(Parker, Katherine) (kcm). (Entered: 12/29/2016)
2017-01-0916ORDER Vacating Hearing. The Court hereby vacates the hearing on the Motion, presently scheduled for February 2, 2017, and takes this matter under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). Motions Submitted: 11 MOTION for Summary Judgment. Signed by Judge Janis L. Sammartino on 1/9/2017.(All non-registered users served via U.S. Mail Service)(kcm) (Entered: 01/09/2017)
2017-01-0917Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion for: (1) Order for Fee Waiver and (2) Order to San Quentin State Prison to Provide Telephone Access for Hearing of 2/2/2017 Hearing, from Plaintiff David Scott Harrison. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. Nunc Pro Tunc 1/3/2017. Signed by Magistrate Judge Bernard G. Skomal on 1/9/2017.(All non-registered users served via U.S. Mail Service)(kcm) (Entered: 01/10/2017)
2017-01-0918MOTION for: (1) Order for Fee Waiver and (2) Order to San Quentin State Prison to Provide Telephone Access for Hearing of 2/2/2017 Hearing by David Scott Harrison. (Filed Nunc Pro Tunc 1/3/2017) (kcm) (Entered: 01/10/2017)
2017-01-1019ORDER denying 18 Motion for Fee Waiver and Order for Prison to Provide Telephone Access to Plaintiff. Signed by Magistrate Judge Bernard G. Skomal on 1/10/2017. (All non-registered users served via U.S. Mail Service)(kcm) (Entered: 01/11/2017)
2017-03-3020ORDER Denying Defendant's 11 Motion for Summary Judgment. It is ordered that defendant shall file a renewed motion for summary judgment, if any, on or before thirty (30) days from the date on which this Order is electronically docketed. Signed by Judge Janis L. Sammartino on 3/30/2017. (All non-registered users served via U.S. Mail Service)(dxj) (Entered: 03/30/2017)
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by FOIA Project Staff