Case Detail

FOIA Project Annotation: Even though federal prisoner Ismael Gonzales did not respond to EOUSA's motion for summary judgment, Judge Amy Berman Jackson has ruled that the agency has not shown that it conducted an adequate search for the records Gonzales requested. Gonzales, who was tried in the District of Colorado, filed two FOIA requests with the U.S. Attorney's Office in Colorado for records pertaining to bond applications and all records pertaining to his conviction. The agency told Gonzales that it had located two boxes of records responsive to his request about his conviction, each box containing between 2,000 and 4,000 pages of records. The agency told Gonzales that the estimated fees for records would be $195, and after Gonzales failed to respond, the agency closed his request. Because Winston & Strawn v. McLean, 843 F.3d 503 (D.C. Cir. 2016), required district courts to satisfy themselves that an unopposed motion for summary judgment should be granted, Jackson assessed the adequacy of the agency's motion. She was puzzled as to why the agency had provided an affidavit from the FOIA Contact in the U.S. Attorney's Office for the District of Columbia even though Gonzales' request pertained to the District of Colorado. She noted that the "defendant's submission on summary judgment fails to explain the relevance or the reasonableness of a search for records located in the USAO-DC instead of similar records systems in Colorado." She observed that "under all these circumstances, defendant 'leaves substantial doubt as to the sufficiency of the searches' and it has failed to meet its burden on summary judgment."
Issues: Search - Detailed description of search

Date Filed	Doc #	Docket Text
2016-08-24	1	COMPLAINT against UNITED STATES OF AMERICA (Filing fee $ 0.00) filed by ISMAEL ARENAS GONZALES. (Attachments: # 1 Civil Cover Sheet)(jf) (Entered: 08/25/2016)
2016-08-24		SUMMONS Not Issued as to UNITED STATES OF AMERICA (jf) (Entered: 08/25/2016)
2016-08-24	2	MOTION for Leave to Proceed in forma pauperis by ISMAEL ARENAS GONZALES (jf) (Entered: 08/25/2016)
2016-08-24	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ISMAEL ARENAS GONZALES (jf) (Entered: 08/25/2016)
2016-08-24	4	ORDER directing an initial partial filing fee in the amount of $14.25 from Prison Account of Ismael Arenas Gonzales and granting 2 MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge Ketanji Brown Jackson on 08/19/2016. (jf) (Entered: 08/25/2016)
2016-09-01	5	SUMMONS (2) Issued Electronically as to UNITED STATES OF AMERICA (U.S. Attorney and U.S. Attorney General) (dr) (Entered: 09/01/2016)
2016-09-07	6	NOTICE of Appearance by Patricia K. McBride on behalf of All Defendants (McBride, Patricia) (Entered: 09/07/2016)
2016-09-09	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/02/2016., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/2/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 10/2/2016.) (jf) (Entered: 09/12/2016)
2016-09-16	8	LEAVE TO FILE DENIED- Plaintiff's Exhibits. This document is unavailable as the Court denied its filing.. Signed by Judge Amy Berman Jackson on 09/14/2016. (jf) (Entered: 09/16/2016)
2016-09-22	9	NOTICE of Appearance by Patricia K. McBride on behalf of All Defendants (McBride, Patricia) (Entered: 09/22/2016)
2016-10-06	10	MOTION for Extension of Time to File Answer by UNITED STATES OF AMERICA (McBride, Patricia) (Entered: 10/06/2016)
2016-10-06		MINUTE ORDER: Defendant's 10 Motion for Extension of Time is granted and the UNITED STATES OF AMERICA's Answer is due 11/21/2016. Signed by Judge Amy Berman Jackson on 10/6/16. (ms) (Entered: 10/06/2016)
2016-10-06		Set/Reset Deadlines: The United States of America's Answer is due by 11/21/2016. (jth) (Entered: 10/06/2016)
2016-11-18	11	MOTION for Extension of Time to File Answer by UNITED STATES OF AMERICA (McBride, Patricia) (Entered: 11/18/2016)
2016-11-22		MINUTE ORDER: Defendant's 11 Motion for Extension of Time is granted, and the UNITED STATES OF AMERICA's Answer or other response to the Complaint is due by January 26, 2017. Signed by Judge Amy Berman Jackson on 11/22/16. (ms) (Entered: 11/22/2016)
2016-11-22		Set/Reset Deadlines: The United States of America's Answer or other Response to the Complaint is now due by 1/26/2017. (jth) (Entered: 11/22/2016)
2017-01-26	12	MOTION for Extension of Time to File Answer by UNITED STATES OF AMERICA (McBride, Patricia) (Entered: 01/26/2017)
2017-01-27		MINUTE ORDER: Defendant's 12 Motion for Extension of Time is granted, and its Answer or other response to the Complaint is due by March 16, 2017. Signed by Judge Amy Berman Jackson on 1/27/17. (ms) (Entered: 01/27/2017)
2017-01-28		Set/Reset Deadlines: The United States of America's Answer or other Response to the Complaint is now due by 3/16/2017. (jth) (Entered: 01/28/2017)
2017-03-15	13	ANSWER to 1 Complaint by UNITED STATES OF AMERICA.(McBride, Patricia) (Entered: 03/15/2017)
2017-03-16	14	ORDER. It is ORDERED that defendant file on or before April 13, 2017 a dispositive motion or, in the alternative, a report setting forth the schedule for document production to plaintiff. See ORDER for details. Signed by Judge Amy Berman Jackson on 3/16/17. (DMK) Modified on 3/16/2017 to reflect that this is a paper order (jth). (Entered: 03/16/2017)
2017-03-16		Set/Reset Deadlines: Defendant shall file by 4/13/2017 either a dispositive motion or, in the alternative, a report setting forth the schedule for the production of documents to plaintiff. (jth) (Entered: 03/16/2017)
2017-04-24	15	PROPOSED BRIEFING SCHEDULE by UNITED STATES OF AMERICA. (McBride, Patricia) (Entered: 04/24/2017)
2017-04-25		MINUTE ORDER. It is ORDERED that defendant's motion for leave to late file its report setting forth a briefing schedule 15 is GRANTED. It is FURTHER ORDERED that defendant shall release documents to plaintiff by May 26, 2017; defendant shall file a motion for summary judgment by June 27, 2017; plaintiff shall file his opposition and cross-motion, of any, by July 28, 2017; defendant shall file its reply and opposition to plaintiff's cross-motion by August 25, 2017; and plaintiff shall file his reply by September 25, 2017. Signed by Judge Amy Berman Jackson on 4/25/17. (DMK) (Entered: 04/25/2017)
2017-04-25		Set/Reset Deadlines: Defendant shall release documents to plaintiff by 5/26/2017; Defendant's Motion for Summary Judgment is due by 6/27/2017; Plaintiff's Opposition and Cross-Motion, if any, is due by 7/28/2017; Defendant's Reply and Cross-Opposition, if any, is due by 8/25/2017; Plaintiff's Cross-Reply, if any, is due by 9/25/2017. (jth) (Entered: 04/25/2017)
2017-05-30	16	LEAVE TO FILE DENIED- Plaintiff's Opposition and Cross Motion. This document is unavailable as the Court denied its filing. "Leave to file denied without prejudice. There is a briefing schedule in place in this case. After defendant files its motion for summary judgment on June 27, then plaintiff can file his opposition or cross motion. Signed by Judge Amy Berman Jackson on 05/26/2017. (jf) (Entered: 05/30/2017)
2017-06-23	17	MOTION for Extension of Time to File Dispositive Motion by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 06/23/2017)
2017-06-26		MINUTE ORDER granting 17 motion for extension of time to file a dispositive motion. It is ordered that defendant's motion for summary judgment is due September 18, 2017, plaintiff's opposition and cross-motion for summary judgment is due October 2, 2017, and defendant's reply and cross-opposition is due October 20, 2017. The government should take a note that failure of agency counsel to participate in the defense of the action will not be viewed as good cause for an extension in the future. Signed by Judge Amy Berman Jackson on 6/26/17. (DMK) (Entered: 06/26/2017)
2017-06-26		Set/Reset Deadlines: Defendant's Motion for Summary Judgment is due by 9/18/2017; Plaintiff's Opposition and Cross-Motion for Summary Judgment is due 10/2/2017; Defendant's Reply and Cross-Opposition is due 10/20/2017. (jth) (Entered: 06/26/2017)
2017-08-22	18	MOTION for Summary Judgment by UNITED STATES OF AMERICA (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Declaration, # 5 Text of Proposed Order)(McBride, Patricia) (Entered: 08/22/2017)
2017-08-24	19	Order advising plaintiff to respond by 10/2/2017 to the 18 MOTION for Summary Judgment filed by the UNITED STATES OF AMERICA. Signed by Judge Amy Berman Jackson on 8/24/17. (ms) (Entered: 08/24/2017)
2017-08-25		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 10/2/2017. (tb) (Entered: 08/25/2017)
2017-09-28	20	Letter from ISMAEL ARENAS GONZALES. "Leave to file GRANTED" signed by Judge Amy B. Jackson on 09/28/2017 (jf) (Entered: 09/29/2017)
2017-09-29		MINUTE ORDER: The Court has reviewed Plaintiff's "Notice and Petition Demands to Affirm," ECF No. 20. This submission is not responsive to Defendant's Motion for Summary Judgment 18 , and it inappropriately makes demands on the Court. In order that Plaintiff have a full and fair opportunity to respond to Defendant's Motion, it is hereby ORDERED that Plaintiff may file an opposition by October 20, 2017. If Plaintiff fails to file an opposition by October 20, 2017, the Court may grant Defendant's motion based solely on consideration of the materials submitted by Defendant. Signed by Judge Amy Berman Jackson on 9/29/17. (ms) (Entered: 09/29/2017)
2017-09-29		Set/Reset Deadlines: Plaintiff's opposition to Defendant's Motion for Summary Judgment due by 10/20/2017. (hmc) (Entered: 09/29/2017)
2017-10-19	21	Letter to the Court from Plaintif. "Leave to file granted, file as letter to Court" signed by Judge Amy B. Jackson on 10/19/2017 (jf) (Entered: 10/20/2017)
2017-11-21	22	ERRATA by UNITED STATES OF AMERICA 18 MOTION for Summary Judgment filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibits A-F to Luczynski Declaration)(McBride, Patricia) (Entered: 11/21/2017)
2018-01-03	23	MEMORANDUM OPINION AND ORDER denying without prejudice 18 Defendant's Motion for Summary Judgment. Signed by Judge Amy Berman Jackson on 1/3/18. (ms) Modified event title on 1/4/2018 (znmw). (Entered: 01/03/2018)
2018-03-06		MINUTE ORDER: It is hereby ORDERED that, by March 20, 2018, defendant shall file a status report describing the steps it has taken pursuant to the Court's January 3, 2018 23 Memorandum Opinion and Order and proposing a schedule for further proceedings. Signed by Judge Amy Berman Jackson on 3/5/18. (ms) (Entered: 03/06/2018)
2018-03-06	24	LEAVE TO FILE DENIED- Pleading(Letter) filed by Plainitff. This document is unavailable as the Court denied its filing. "Leave to file denied. This pleading challenges plaintiff's arrest and detention and it is not properly filed as part of his FOIA case" Signed by Judge Amy Berman Jackson on 03/06/2018. (jf) (Entered: 03/07/2018)
2018-03-07		Set/Reset Deadlines: Defendant's Status Report and Proposed Schedule are due by 3/20/2018. (jth) (Entered: 03/07/2018)
2018-03-20	25	Joint STATUS REPORT by UNITED STATES OF AMERICA. (McBride, Patricia) (Entered: 03/20/2018)
2018-03-22		MINUTE ORDER. In light of the status report 25 , it is ordered that defendant's motion for summary judgment is due by May 15, 2018; pro se plaintiff's combined cross motion for summary judgment and opposition is due by June 14, 2018; defendant's combined opposition and reply is due by June 29, 2018; and plaintiff's reply is due on July 27, 2018. Signed by Judge Amy Berman Jackson on 3/22/18. (DMK) (Entered: 03/22/2018)
2018-03-25		Set/Reset Deadlines: Defendant's motion for summary judgment is due by 5/15/2018; Pro Se Plaintiff's combined Opposition and Cross Motion for Summary Judgment is due by 6/14/2018; Defendant's Combined Reply and Cross-Opposition is due by 6/29/2018; Pro Se Plaintiff's Cross-Reply is due by 7/27/2018. (jth) (Entered: 03/25/2018)
2018-04-05	26	Mail Returned as Undeliverable. Mail was Sent to Ismael Arenas Gonzales; Document Returned: The Court's Minute Order issued on 3/22/2018 along with a copy of Defendant's (Dkt. #25) Status Report filed on 3/20/2018; The Mail was Resent to the defendant at the same Federal Facility with the same USMS Registration Number, and changing the defendant's last name to be Gonzales-Arenas instead of Arenas Gonzales. (jth) (Entered: 04/06/2018)
2018-05-14	27	MOTION for Extension of Time to by UNITED STATES OF AMERICA (McBride, Patricia) (Entered: 05/14/2018)
2018-05-16		MINUTE ORDER granting 27 defendant's motion for extension of time. It is ORDERED that defendant's motion for summary judgment is due 6/7/2018; plaintiff's combined cross-motion for summary judgment and opposition to defendant's motion is due 7/2/2018; defendant's combined reply and response to plaintiff's cross-motion is due 7/30/2018; and plaintiff's reply for his cross-motion is due 8/20/2018. Signed by Judge Amy Berman Jackson on 5/16/18. (DMK) (Entered: 05/16/2018)
2018-06-07	28	RenewedMOTION to Dismiss , MOTION for Summary Judgment , by UNITED STATES OF AMERICA (Attachments: # 1 Declaration of Luczynski, # 2 Declaration of Robinson)(McBride, Patricia). Added MOTION for Summary Judgment on 6/8/2018 (jf). (Entered: 06/07/2018)
2018-06-08	29	Order advising plaintiff to respond by 7/2/2018 to 28 Defendant's Renewed Motion to Dismiss or in the Alternative Motion for Summary Judgment. Signed by Judge Amy Berman Jackson on 6/8/18. (ms) (Entered: 06/08/2018)
2018-11-19	30	MEMORANDUM AND OPINION. Signed by Judge Amy Berman Jackson on 11/19/18. (ms) (Entered: 11/19/2018)
2018-11-19	31	ORDER granting 28 28 Defendant's Renewed Motion to Dismiss or in the Alternative Motion for Summary Judgment. This is a final appealable Order. Signed by Judge Amy Berman Jackson on 11/19/18. (ms) (Entered: 11/19/2018)
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