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Case TitleVIZCARRA CALDERON v. U.S. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01458
Date Filed2017-07-22
Date Closed2018-03-06
JudgeJudge Christopher R. Cooper
PlaintiffYOLANDA VIZCARRA CALDERON
Case DescriptionYolanda Vizcarra Calderon submitted FOIA requests to the Department of Justice, the Department of Homeland Security, the Department of State, the Department of the Treasury, and the Department of Defense for records concerning herself. The agencies disclosed some records and withheld others. Vizcarra Calderson eventually filed suit against all the agencies.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Discovery, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
DefendantDEPARTMENT OF JUSTICE
DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
TERMINATED: 09/01/2017
DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantU.S. DEPARTMENT OF STATE
DefendantDEPARTMENT OF STATE
DefendantU.S. DEPARTMENT OF STATE
TERMINATED: 09/01/2017
DefendantU.S. DEPARTMENT OF TREASURY
DefendantDEPARTMENT OF TREASURY
DefendantU.S. DEPARTMENT OF TREASURY
TERMINATED: 09/01/2017
DefendantDEPARTMENT OF DEFENSE
DefendantU.S. DEPARTMENT OF DEFENSE
DefendantU.S. DEPARTMENT OF DEFENSE
TERMINATED: 09/01/2017
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Opinion/Order [24]
FOIA Project Annotation: Judge Christopher Cooper has ruled that the DEA conducted an adequate search for records concerning the existence of a drug-trafficking investigation involving Ranfiel Castaneda Sanchez that was preventing Sanchez and Yolanda Vizcarra Calderon from obtaining visas to enter the United States. After being turned down by the State Department, Sanchez submitted a FOIA request to the DEA for records about himself. After a database search, the agency found no records. Sanchez sued, challenging the agency's search. The agency told Cooper that it had performed multiple queries of its Narcotics and Dangerous Drugs Information System and found no records. Sanchez argued the search was insufficient because a government official had told him that a case related to drug-trafficking allegations against him existed. Cooper observed that "nor is it even certain that any existing 'case' against Castaneda Sanchez is one involving the DEA. As the Department aptly points out, many agencies " including state agencies " have authority to investigate drug trafficking. It is certainly possible that any investigation into alleged drug trafficking involves a different law enforcement agency. At this juncture, Castaneda Sanchez does little more than speculate that the DEA had an open investigation into his alleged involvement in drug trafficking."
Issues: Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-07-221COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5042997) filed by Yolanda Vizcarra Calderon. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney, # 3 Summons Department of Justice, # 4 Summons Department of Homeland Security, # 5 Summons Department of State, # 6 Summons Department of Treasury, # 7 Summons Department of Defense)(Wright, Jason) (Entered: 07/22/2017)
2017-07-222MOTION for Leave to Appear Pro Hac Vice :Attorney Name- W. Asa Hutchinson, III, :Firm- The Asa Hutchinson Law Group, PLC, :Address- 912 W. Central Ave., Bentonville, Arkansas 72712. Phone No. - (479) 878-1600. Fax No. - (479) 876-8283 Filing fee $ 100, receipt number 0090-5042999. Fee Status: Fee Paid. by Yolanda Vizcarra Calderon (Wright, Jason) (Entered: 07/22/2017)
2017-07-24Case Assigned to Judge Christopher R. Cooper. (zsb) (Entered: 07/24/2017)
2017-07-243REQUEST FOR SUMMONS TO ISSUE re 1 Complaint, filed by YOLANDA VIZCARRA CALDERON. Related document: 1 Complaint, filed by YOLANDA VIZCARRA CALDERON. (Attachments: # 1 Summons U.S. Attorney for DC, # 2 Summons DOJ, # 3 Summons DHS, # 4 Summons State, # 5 Summons Treasury, # 6 Summons DOD)(Wright, Jason) (Entered: 07/24/2017)
2017-07-244SUMMONS (6) Issued Electronically as to U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF TREASURY, and U.S. Attorney (Attachment: # 1 Consent Form)(zsb) (Entered: 07/24/2017)
2017-07-24SUMMONS Not Issued as to U.S. Attorney General.....SUMMONS NOT FILED AT THE TIME COMPLAINT WAS FILED. (zsb) (Entered: 07/24/2017)
2017-07-245REQUEST FOR SUMMONS TO ISSUE filed by YOLANDA VIZCARRA CALDERON. (Attachments: # 1 Summons Attorney General)(Wright, Jason) (Entered: 07/24/2017)
2017-07-256SUMMONS (1) Issued Electronically as to U.S. Attorney General (znmw) (Entered: 07/25/2017)
2017-08-08MINUTE ORDER granting 2 Plaintiff's Motion for Leave to Appear Pro Hac Vice. Signed by Judge Christopher R. Cooper on 8/8/2017. (lccrc2) (Entered: 08/08/2017)
2017-08-157ENTERED IN ERROR.....REQUEST FOR SUMMONS TO ISSUE FOR DEPARTMENT OF STATE re 1 Complaint, filed by YOLANDA VIZCARRA CALDERON. Related document: 1 Complaint, filed by YOLANDA VIZCARRA CALDERON.(Wright, Jason) Modified on 8/16/2017 (znmw). (Entered: 08/15/2017)
2017-08-168NOTICE of Appearance by Damon William Taaffe on behalf of All Defendants (Taaffe, Damon) (Entered: 08/16/2017)
2017-08-16NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry 7 Request for Summons to Issue was entered in error; Incorrect summons submitted; Please resubmit proper FOIA summons. (znmw) (Entered: 08/16/2017)
2017-08-169REQUEST FOR SUMMONS TO ISSUE FOR DEPARTMENT OF STATE (CORRECTED) filed by YOLANDA VIZCARRA CALDERON.(Wright, Jason) (Entered: 08/16/2017)
2017-08-1610RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/11/2017. Answer due for ALL FEDERAL DEFENDANTS by 9/10/2017. (Wright, Jason) (Entered: 08/16/2017)
2017-08-1611RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 8/7/2016 (Wright, Jason) (Entered: 08/16/2017)
2017-08-1612RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 8/7/2017 (Wright, Jason) (Entered: 08/16/2017)
2017-08-1613RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 8/7/2017 (Wright, Jason) (Entered: 08/16/2017)
2017-08-1614RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF TREASURY served on 8/7/2017 (Wright, Jason) (Entered: 08/16/2017)
2017-08-1715SUMMONS (1) Reissued Electronically as to U.S. DEPARTMENT OF STATE (znmw) (Entered: 08/17/2017)
2017-08-3016MOTION for Leave to File Amended Complaint filed by YOLANDA VIZCARRA CALDERON. (Attachments: # 1 Exhibit First Amended Complaint, # 2 Text of Proposed Order)(Wright, Jason) Modified event title on 8/31/2017 (znmw). (Entered: 08/30/2017)
2017-08-31NOTICE OF ERROR re 16 Amended Complaint; emailed to jwright@jasonwrightesq.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. The Clerk's Office will modify this entry to a Motion for Leave to File. (znmw, ) (Entered: 08/31/2017)
2017-09-01MINUTE ORDER granting 16 Plaintiff's Consent Motion for Leave to File First Amended Complaint. Signed by Judge Christopher R. Cooper on 9/1/2017. (lccrc2) (Entered: 09/01/2017)
2017-09-0117AMENDED COMPLAINT against U.S. DEPARTMENT OF JUSTICE filed by YOLANDA VIZCARRA CALDERON.(Wright, Jason) (Entered: 09/01/2017)
2017-09-1318ANSWER to 17 Amended Complaint by U.S. DEPARTMENT OF JUSTICE. Related document: 17 Amended Complaint filed by YOLANDA VIZCARRA CALDERON.(Taaffe, Damon) (Entered: 09/13/2017)
2017-09-2719Joint STATUS REPORT AND PROPOSED SCHEDULE by YOLANDA VIZCARRA CALDERON. (Wright, Jason) (Entered: 09/27/2017)
2017-10-02MINUTE ORDER: In light of 19 the parties' Joint Status Report, is hereby ORDERED that the summary-judgment briefing schedule shall be as follows: Defendant's motion for summary judgment shall be due by November 15, 2017; Plaintiff's cross-motion for summary judgment and opposition to Defendant's motion shall be due by December 15, 2017; Defendant's reply in support of its motion and opposition to Plaintiff's motion shall be due by January 9, 2018; and Plaintiff's reply in support of her motion shall be due by January 30, 2018. Signed by Judge Christopher R. Cooper on 10/2/2017. (lccrc2) (Entered: 10/02/2017)
2017-10-02Set/Reset Deadlines: Summary Judgment motions due by 11/15/2017. Response to Motion for Summary Judgment due by 12/15/2017. Reply to Motion for Summary Judgment due by 1/9/2018. Plaintiff's Replies due by 1/30/2018. (lsj) (Entered: 10/02/2017)
2017-11-1520MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Myrick declaration with attachments)(Taaffe, Damon) (Entered: 11/15/2017)
2017-12-1521Memorandum in opposition to re 20 MOTION for Summary Judgment filed by YOLANDA VIZCARRA CALDERON. (Attachments: # 1 Statement of Facts, # 2 Declaration Jan Pederson, Esq.)(Wright, Jason) (Entered: 12/15/2017)
2018-01-0922REPLY to opposition to motion re 20 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration)(Taaffe, Damon) (Entered: 01/09/2018)
2018-03-0623ORDER granting 20 Defendant's Motion for Summary Judgment. For the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that Defendant's Motion for Summary Judgment be granted. Signed by Judge Christopher R. Cooper on 3/6/2018. (lccrc2) (Entered: 03/06/2018)
2018-03-0624MEMORANDUM OPINION re 23 Order granting Defendant's Motion for Summary Judgment. Signed by Judge Christopher R. Cooper on 3/6/2018. (lccrc2) (Entered: 03/06/2018)
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by FOIA Project Staff
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