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Case TitleMcGuffin v. Social Security Administration
DistrictEastern District of North Carolina
CityWestern Division
Case Number5:2016cv00843
Date Filed2016-10-07
Date Closed2017-07-18
JudgeChief Judge James C. Dever, III
PlaintiffClarence Andrew McGuffin
Case DescriptionClarence McGuffin submitted a FOIA request to the Social Security Administration for records concerning the productivity of its decision writers, an issue that had been the subject of congressional testimony by the SSA. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, McGuffin filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantSocial Security Administration
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Opinion/Order [20]
Opinion/Order [21]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-10-071COMPLAINT against Social Security Administration ( Filing fee $ 400 receipt number 0417-3855525.), filed by Clarence Andrew McGuffin. (Attachments: # 1 Civil Cover Sheet Completed JS-44 Civil Cover Sheet, # 2 Exhibit EFOIA Request Case AQ2261 - June 15 2016, # 3 Exhibit SSA OIG Report A-02-09-19068, # 4 Exhibit Astrue Testimony -- Senate Finance Committee - May 23 2007, # 5 Exhibit SSA OIG Report A-12-15-15005, # 6 Exhibit Astrue Testimony House Ways & Means June 27 2012, # 7 Exhibit FCIP Chairwoman Jacksteit Order & Decision, # 8 Exhibit Plaintiff's Email Correspondence (FOIA) with Defendant) (McGuffin, Clarence) (Entered: 10/07/2016)
2016-10-122Notice filed by Clarence Andrew McGuffin regarding 1 Complaint,, Proposed Summons . (McGuffin, Clarence) (Entered: 10/12/2016)
2016-10-12NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Clarence Andrew McGuffin. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Briggeman, N.) (Entered: 10/12/2016)
2016-10-123Summons Issued as to Social Security Administration, U.S. Attorney and U.S. Attorney General. Plaintiff is reminded to print summons and effect service. (Briggeman, N.) (Entered: 10/12/2016)
2016-10-144Financial Disclosure Statement by Clarence Andrew McGuffin (McGuffin, Clarence) (Entered: 10/14/2016)
2016-11-105MOTION for Extension of Time to File Answer regarding 1 Complaint,, filed by Social Security Administration. (Attachments: # 1 Exhibit A - Declaration of Mary Ann Zimmerman, # 2 Text of Proposed Order) (Ramirez, Roberto) (Entered: 11/10/2016)
2016-11-106Notice of Appearance filed by Roberto F. Ramirez on behalf of Social Security Administration. (Ramirez, Roberto) (Entered: 11/10/2016)
2016-11-14Motion Referred to Julie Richards Johnston, Clerk of Court regarding: 5 MOTION for Extension of Time to File Answer regarding 1 Complaint. (Briggeman, N.) (Entered: 11/14/2016)
2016-11-147ORDER granting 5 Motion for Extension of Time to Answer Social Security Administration answer due 12/14/2016. Signed by Julie Richards Johnston, Clerk of Court on 11/14/2016. (Briggeman, N.) (Entered: 11/14/2016)
2016-12-148Second MOTION for Extension of Time to File Response/Reply as to 1 Complaint,, up to and including December 28, 2016 filed by Social Security Administration. (Attachments: # 1 Text of Proposed Order) (Ramirez, Roberto) (Entered: 12/14/2016)
2016-12-149Memorandum in Opposition filed by Clarence Andrew McGuffin. (Attachments: # 1 Exhibit Emails to Defense Counsel, # 2 Exhibit Attorney General Memorandum 2009, # 3 Text of Proposed Order Proposed Order Denying Motion for Enlargement of Time) (McGuffin, Clarence) (Entered: 12/14/2016)
2016-12-15Motion Submitted to Chief Judge James C. Dever III: regarding 8 Second MOTION for Extension of Time to File Response/Reply as to 1 Complaint, up to and including December 28, 2016 . (Briggeman, N.) (Entered: 12/15/2016)
2016-12-2210MOTION to Dismiss for Lack of Jurisdiction Alternative, , MOTION for Summary Judgment filed by Social Security Administration. (Ramirez, Roberto) (Entered: 12/22/2016)
2016-12-2211Memorandum in Support regarding 10 MOTION to Dismiss for Lack of Jurisdiction Alternative, MOTION for Summary Judgment filed by Social Security Administration. (Ramirez, Roberto) (Entered: 12/22/2016)
2016-12-2212Statement of Material Facts regarding 10 MOTION to Dismiss for Lack of Jurisdiction Alternative, MOTION for Summary Judgment filed by Social Security Administration. (Ramirez, Roberto) (Entered: 12/22/2016)
2016-12-2213DISREGARD. Re-filed at 15 . Appendix to the Statement of Facts regarding 10 MOTION to Dismiss for Lack of Jurisdiction Alternative, MOTION for Summary Judgment filed by Social Security Administration. (Ramirez, Roberto) Modified on 12/27/2016 (Briggeman, N.). (Entered: 12/22/2016)
2016-12-2214Roseboro Letter - Right to Respond regarding 10 MOTION to Dismiss for Lack of Jurisdiction Alternative, MOTION for Summary Judgment sent to Clarence Andrew McGuffin at 216 Brandon Court Raleigh, NC 27609 via US Mail. Response due by 1/12/2017. (Briggeman, N.) (Entered: 12/22/2016)
2016-12-2715Appendix to the Statement of Facts regarding 10 MOTION to Dismiss for Lack of Jurisdiction Alternative, MOTION for Summary Judgment (REFILED) filed by Social Security Administration. (Attachments: # 1 Exhibit 1 - Complaint for Injunctive Relief filed October 7, 2016, # 2 Exhibit 2 - Declaration of Mary Ann Zimmerman dated December 9, 2016, # 3 Exhibit 3 - Response Letter from Social Security Administration dated November 23, 2016, # 4 Exhibit 4 - Response Letter from Social Security Administration dated November 7, 2016, # 5 Exhibit 5 - Sample Decision Writer Reports for the Charlotte Office) (Ramirez, Roberto) (Entered: 12/27/2016)
2016-12-2816ORDER granting 8 Motion for Extension of Time to File Response. Defendant's motion for an extension of time to allow her response to plaintiffs complaint is GRANTED and defendant's motion to dismiss is deemed timely filed. Signed by Chief Judge James C. Dever III on 12/28/2016. (Briggeman, N.) (Entered: 12/28/2016)
2017-01-18Motion Submitted to Chief Judge James C. Dever III: regarding 10 MOTION to Dismiss for Lack of Jurisdiction Alternative, MOTION for Summary Judgment. (Briggeman, N.) (Entered: 01/18/2017)
2017-01-2317DISREGARD. Plaintiff has correctly re-filed at 18 . RESPONSE in Opposition regarding 10 MOTION to Dismiss for Lack of Jurisdiction Alternative, MOTION for Summary Judgment filed by Clarence Andrew McGuffin. (McGuffin, Clarence) Modified on 1/27/2017 (Briggeman, N.). (Entered: 01/23/2017)
2017-01-23NOTICE OF DEFICIENCY regarding: 17 Response in Opposition to Motion. Exhibits should be filed as attachments to the main document. Pursuant to Section (L)(2) of the CM/ECF Policy Manual, attachments and exhibits must be identified with a clear and complete description of the document. Further, when filing a document with more than five (5) attachments, the first attached document must be an index of all subsequently attached documents. Plaintiff is directed to re-file the Response with each exhibit filed as separate attachments and properly identified. (Briggeman, N.) (Entered: 01/23/2017)
2017-01-2718Memorandum in Opposition regarding 10 Defendant's Motion to Dismiss filed by Clarence Andrew McGuffin. (Attachments: # 1 Index, # 2 Exhibit 1 - NTEU Letter, # 3 Exhibit 2 - AFGE Arbitration Settlement, # 4 Exhibit 3 - Union K Sidebar, # 5 Exhibit 4 - FLRA Opinion & Decision, # 6 Exhibit 5 - Thompson Deposition Testimony, # 7 Exhibit 6 - Strong Deposition Testimony, # 8 Exhibit 7 - DOJ FOIA Guide Exemption 6, # 9 Exhibit 8 - Presidential Memo & AG FOIA Policy, # 10 Exhibit SSA OIG Report on DW Initiatives) (McGuffin, Clarence) Modified on 1/27/2017 - added document relationship to 10 . (Briggeman, N.) (Entered: 01/27/2017)
2017-02-1019REPLY to Response to Motion regarding 10 MOTION to Dismiss for Lack of Jurisdiction Alternative, MOTION for Summary Judgment filed by Social Security Administration. (Ramirez, Roberto) (Entered: 02/10/2017)
2017-03-06Motion Submitted to Chief Judge James C. Dever III: regarding 10 MOTION to Dismiss for Lack of Jurisdiction Alternative, MOTION for Summary Judgment. (Briggeman, N.) (Entered: 03/06/2017)
2017-07-1820ORDER granting 10 Motion for Summary Judgment. Signed by Chief Judge James C. Dever III on 7/17/2017. (Briggeman, N.) (Entered: 07/18/2017)
2017-07-1821JUDGMENT: IT IS ORDERED, ADJUDGED, AND DECREED that the SSA properly withheld theredacted information under FOIA's Exemption 6. Accordingly, the court GRANTS the SSA's motion for summary judgment [D.E. 10]. Signed by Peter A. Moore, Jr., Clerk of Court on 7/18/2017. (Briggeman, N.) (Entered: 07/18/2017)
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by FOIA Project Staff