Skip to content

Case Detail

[Subscribe to updates]
Case TitlePRICE v. UNITED STATES DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01339
Date Filed2018-06-06
Date ClosedOpen
JudgeJudge Christopher R. Cooper
PlaintiffJAMES PRICE
Case DescriptionJames Price, a federal prisoner, submitted a FOIA request in May 2017 for records concerning an Internet Crimes Against Children Task Force investigation. Price filed suit in November 2017 in the Southern District of Florida. The case has now been transferred to the D.C. Circuit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantJEFFERSON B. SESSIONS, III In his official capacity as Attorney General of the United States
DefendantJEFFERSON B. SESSIONS, III In his official capacity as Attorney General of the United States
TERMINATED: 06/19/2019
DefendantDAVID S. FERRIERO In his official capacity as Archivist of the United States
DefendantWILLIAM P. BARR United States Attorney General
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [67]
FOIA Project Annotation: Judge Christopher Cooper has ruled that federal prisoner James Price does not have a cause of action under the Federal Records Act to force the Department of Justice to preserve records pertaining to child pornography cases and that one possible explanation for why Price was unable to access such records may be because they are properly exempt under FOIA. In 2013, Price was sentenced to 13 years in prison for distribution and possession of child pornography. Starting in May 2017, he began filing FOIA requests relating to the Internet Crimes Against Children Task Force. In total, he filed or directed the filing of more than 250 FOIA requests. In 2017, he filed a FOIA suit in the Southern District of Florida, which was transferred to the District of Columbia in 2018. Before any action was taken on his FOIA claims, Price amended his complaint to allege violations of the FRA, claiming that the government created off-book records that were not accessible. Cooper found that Price had successfully stated a claim under 44 U.S.C. § 3106 requiring the Attorney General and the Archivist to take legal action for failure of DOJ to preserve the records. Cooper complained that "the government's primary litigation strategy in this matter appears to be feigned ignorance: if we act like we don't know what this pro se plaintiff is arguing, then perhaps neither will the court. The government repeatedly asserts that it cannot divine what Price is arguing, thereby avoiding substantive engagement with the various statutory provisions in play." Cooper then explained Price's claims: "he is arguing that, assuming federal law enforcement can use third parties to create and maintain records used in federal prosecutions at all, it can do so only to the extent such records are kept in compliance with federal records laws. And here, Price submits, the third parties have not done so, because they have (according to him) failed to keep track of essential metadata and various other records related to prosecutions." However, Cooper pointed out that "a recognizable theory does not equal a substantial likelihood of success on the merits. When the Court considers Price's evidence for his claim that the DOJ does not maintain records essential to its prosecutions, it concludes that he comes up short." Price submitted responses to some of his FOIA requests for metadata. But Cooper observed that "these exhibits establish at most that Price had ample reason to file his initial FOIA lawsuit, but they do not establish that DOJ is likely committing FRA violations. Price has put the cart before the horse. Without knowing how DOJ searched for the records Price requested, the Court cannot say with any certainty that the agency " again, assuming it must maintain them " has lost access to them altogether." He added that "the same is true for potential exemptions. Without knowing what responsive records, or parts of records, the agency determined were exempt, it is nigh impossible to determine what records the agency actually has in its possession." Cooper noted that the agency claimed Exemption 7 (law enforcement records) in withholding records. He pointed out that "given that this case stems from Price's desire to excavate the techniques used by law enforcement in the investigation and prosecution of child sex crimes, and that it seeks law enforcement records that are not personal to him, it seems inevitable that the privacy and investigative techniques exemptions will swallow up massive swaths of the records he seeks." He added that "Price may come to find that the DOJ in fact possesses the very records Price suspects they have failed to keep, but the he also has no right to access them. . .[U]ntil that happens, it would be a fool's errand to assess whether DOJ has complied with the FRA by reference to the scattershot FOIA exhibits attached to Price's pleadings." Cooper pointed out that a private right of action under § 3106 came into play only once the Attorney General and the Archivist had knowledge of a violation of the recordkeeping requirements of the FRA and failed to take action. However, Cooper found Price had not shown that either official had knowledge of a violation or potential violation. He observed that "neither the Attorney General nor the Archivist is under any duty to act until the 'once' or 'when' condition " knowledge of unlawful removal of records " is satisfied. Put another way, § 3106 imposes no duty upon either the Attorney General or Archivist to find that an agency has removed records in violation of the FRA; it does impose mandatory duties upon each of them if they know that such unlawful removal of records has occurred, is occurring, or will occur." Cooper found that Price was asking for a remedy not available under the FRA. He pointed out that "by asking the Court to compel the Attorney General and Archivist to take action under § 3106, he is asking them first to determine that a violation occurred " which § 3106 does not mandate " and only second to take the enforcement action that § 3106 does mandate. The [Administrative Procedure Act] does not permit a plaintiff to compel agency action unless that action is mandated by statute. Accordingly, the Court concludes that a predicate to a viable § 3106 failure-to-act claim is a plausible allegation that the applicable agency head or Archivist knew that records are indeed being removed or destroyed in contravention of agency policy or the FRA." Cooper found that Price had not shown that the records he sought in his FOIA requests "are unavailable because of some unlawful recordkeeping practices relating to the DOJ's use of third-party software systems." Instead, he explained that " just as likely, if not more likely, is that the records Price sought merely appeared unavailable under FOIA because of improper search methods (which Price can probe via his FOIA claims) or that such records exist but are exempt from disclosure under FOIA, perhaps because of the carve-outs for records relating to law enforcement investigative techniques and records whose release would amount to an unwarranted invasion of privacy. As a result, the Court cannot conclude that the injunction Price seeks " forcing the agency to stop using [third-party software programs] to 'preserve the status quo of all records' " will have any effect on the universe of records that Price may be able to recover via FOIA."
Issues: Litigation - Jurisdiction - Failure to State a Claim, Exemption 7(E) - Investigative methods or techniques
Opinion/Order [92]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-11-291COMPLAINT against United States Department of Justice. Filing fees $ 400.00 No Filing Fee/ NO I.F.P., filed by James Price. (Attachments: # 1 Civil Cover Sheet)(vmz) Modified text on 12/4/2017 (yha). [Transferred from Florida Southern on 6/8/2018.] (Entered: 12/01/2017)
2017-12-012Clerks Notice of Judge Assignment to Judge Ursula Ungaro. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge John J. OSullivan is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pursuant to Administrative Order 2003-19, this matter is referred to the Magistrate Judge for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (vmz) [Transferred from Florida Southern on 6/8/2018.] (Entered: 12/01/2017)
2017-12-043CORRECTED Clerks Notice of Magistrate Judge Assignment to Magistrate Judge Patrick A. White. Pursuant to Administrative Order 2003-19 for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. (vp) [Transferred from Florida Southern on 6/8/2018.] (Entered: 12/04/2017)
2017-12-054Clerks Notice re: Filing Fee in the amount of $ 400.00 - Outstanding/Pending. (jmd) [Transferred from Florida Southern on 6/8/2018.] (Entered: 12/05/2017)
2017-12-075ORDER TO SHOW CAUSE - Show Cause Response due by 12/22/2017. Signed by Judge Ursula Ungaro on 12/6/2017. (ail) [Transferred from Florida Southern on 6/8/2018.] (Entered: 12/07/2017)
2017-12-136JUDICIAL NOTICE of Adjudicative Facts Pursuant to Federal Rules of Evidence 201 by James Price (ail) [Transferred from Florida Southern on 6/8/2018.] (Entered: 12/13/2017)
2017-12-157MOTION for Leave to Proceed in forma pauperis by James Price. (ail) [Transferred from Florida Southern on 6/8/2018.] (Entered: 12/18/2017)
2017-12-198ORDER granting 7 Motion for Leave to Proceed in forma pauperis. USM Service NOT Ordered . Signed by Judge Ursula Ungaro on 12/19/2017. (ail) [Transferred from Florida Southern on 6/8/2018.] (Entered: 12/19/2017)
2017-12-229ORDER OF INSTRUCTIONS TO PRO SE LITIGANT Signed by Judge Ursula Ungaro on 12/21/2017. (ail) [Transferred from Florida Southern on 6/8/2018.] (Entered: 12/22/2017)
2017-12-2210ORDER OF INSTRUCTIONS TO PRO SE LITIGANT REGARDING SUMMONS Signed by Judge Ursula Ungaro on 12/21/2017. (ail) [Transferred from Florida Southern on 6/8/2018.] (Entered: 12/22/2017)
2017-12-2811Summons Issued as to United States Department of Justice. (vmz) [Transferred from Florida Southern on 6/8/2018.] (Entered: 12/29/2017)
2018-01-0912PLAINTIFF'S NOTICE of Proposed Interrogatories Pursuant to Fed. R. Civ. P. 33 by James Price (ail) [Transferred from Florida Southern on 6/8/2018.] (Entered: 01/10/2018)
2018-01-1013AMENDED COMPLAINT against United States Department of Justice, filed by James Price.(ail) [Transferred from Florida Southern on 6/8/2018.] (Entered: 01/11/2018)
2018-01-1214ORDER TRANSFERRING CASE to Judge Kathleen M. Williams for all further proceedings, accepted and signed on 1/11/2018. Judge Ursula Ungaro no longer assigned to case Signed by Judge Ursula Ungaro on 1/10/2018. (ail) [Transferred from Florida Southern on 6/8/2018.] (Entered: 01/12/2018)
2018-01-1815NOTICE of Filing Proposed Subpoenas and REQUEST for Service by U.S. Marshal by James Price (jc) Modified docket text and event on 1/25/2018 (vp). [Transferred from Florida Southern on 6/8/2018.] (Entered: 01/18/2018)
2018-02-1216Defendant's ANSWER to Amended Complaint by United States Department of Justice. Attorney Carlos Javier Raurell added to party United States Department of Justice(pty:dft). (Raurell, Carlos) [Transferred from Florida Southern on 6/8/2018.] (Entered: 02/12/2018)
2018-02-2117Defendant's MOTION for Protective Order Prohibiting Discovery by Plaintiff by United States Department of Justice. (Attachments: # 1 Exhibit Plaintiff's Interrogatories)(Raurell, Carlos) [Transferred from Florida Southern on 6/8/2018.] (Entered: 02/21/2018)
2018-02-2818Plaintiff's REPLY to 15 Motion for Appointment of Special Process Server by James Price. (ail) [Transferred from Florida Southern on 6/8/2018.] (Entered: 03/01/2018)
2018-03-1919RESPONSE in Opposition re 17 Defendant's MOTION for Protective Order Prohibiting Discovery by Plaintiff filed by James Price. Replies due by 3/26/2018. (ail) [Transferred from Florida Southern on 6/8/2018.] (Entered: 03/20/2018)
2018-03-2320REPLY to Response to Motion re 17 Defendant's MOTION for Protective Order Prohibiting Discovery by Plaintiff filed by United States Department of Justice. (Raurell, Carlos) [Transferred from Florida Southern on 6/8/2018.] (Entered: 03/23/2018)
2018-04-0421ORDER REFERRING CASE TO MAGISTRATE JUDGE FOR A DETERMINATION OF NON-DISPOSITIVE MATTERS AND A REPORT AND RECOMMENDATION ON DISPOSITIVE MATTERS Signed by Judge Kathleen M. Williams on 4/3/2018. (ail) [Transferred from Florida Southern on 6/8/2018.] (Entered: 04/04/2018)
2018-04-1622MOTION to Change Venue by James Price. Responses due by 4/30/2018 (ail) [Transferred from Florida Southern on 6/8/2018.] (Entered: 04/17/2018)
2018-05-0123RESPONSE in Opposition re 22 MOTION to Change Venue filed by United States Department of Justice. Replies due by 5/8/2018. (Raurell, Carlos) [Transferred from Florida Southern on 6/8/2018.] (Entered: 05/01/2018)
2018-05-1724REPLY to Defendant's 23 Response in Opposition Regarding Plaintiff's Motion to change Venue by James Price. (ebz) [Transferred from Florida Southern on 6/8/2018.] (Entered: 05/18/2018)
2018-05-2125ORDER granting 17 Defendant's Motion for Protective Order. Signed by Magistrate Judge Edwin G. Torres on 5/21/2018. (js02) [Transferred from Florida Southern on 6/8/2018.] (Entered: 05/21/2018)
2018-05-2126ORDER granting 22 Plaintiff's Motion to Transfer. Signed by Magistrate Judge Edwin G. Torres on 5/21/2018. (js02) [Transferred from Florida Southern on 6/8/2018.] (Entered: 05/21/2018)
2018-06-0527ORDER denying as moot 15 Motion to Appoint Special Process Server. Docket Order Signed by Magistrate Judge Edwin G. Torres on 6/5/2018. (EGT) [Transferred from Florida Southern on 6/8/2018.] (Entered: 06/05/2018)
2018-06-0528Administrative Order. Following the entry of the Court's Order Transferring the case to the District of Columbia, the Court stayed that Order to allow the filing of objections to the non-dispositive Order. No objections have been filed thus rendering the Order a final Order for purposes of this Case. Accordingly the case should be CLOSED and the Clerk is Directed to transfer this action to the United States District Court for the District of Columbia. Docket Order Signed by Magistrate Judge Edwin G. Torres on 6/5/2018. (EGT) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. [Transferred from Florida Southern on 6/8/2018.] (Entered: 06/05/2018)
2018-06-0829Case transferred in from District of Florida Southern; Case Number 1:17-cv-24341. Original file certified copy of transfer order and docket sheet received. (Entered: 06/08/2018)
2018-06-1530NOTICE OF SUBSTITUTION OF COUNSEL by Rhonda Lisa Campbell on behalf of UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Carlos Javier Raurell (Campbell, Rhonda) (Entered: 06/15/2018)
2018-06-1631MOTION for Extension of Time to File Answer by UNITED STATES DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 06/16/2018)
2018-06-19MINUTE ORDER granting 31 Defendant's Motion for Extension of Time. Defendant's response to the complaint shall now be due by August 1, 2018. Signed by Judge Christopher R. Cooper on 6/19/2018. (lccrc2) (Entered: 06/19/2018)
2018-06-19Set/Reset Deadlines: Answer due by 8/1/2018 (lsj) (Entered: 06/19/2018)
2018-06-20Set/Reset Deadlines: Answer due by 8/1/2018 (lsj) (Entered: 06/20/2018)
2018-07-2632STATUS REPORT regarding amendment of the complaint, defendant's failure to produce records, or confer in good faith by JAMES PRICE. (ztd) (Entered: 07/27/2018)
2018-07-3033STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Campbell, Rhonda) (Entered: 07/30/2018)
2018-07-31MINUTE ORDER: In light of 32 , 33 the parties' status reports, it is hereby ORDERED that: (1) Plaintiff shall file any motion to amend his complaint by August 31, 2018 and shall attach to that motion the proposed amended complaint as required by Local Civil Rule 7(i); and (2) Defendant will file either an opposition to the motion to file an amended complaint or an answer to the amended complaint within 30 days of the filing of Plaintiff's motion. As to Defendant's proposed briefing schedule for summary judgment, the Court will defer summary judgment briefing until the Criminal Division concludes its review of the referred records. Signed by Judge Christopher R. Cooper on 7/31/2018. (lccrc2) (Entered: 07/31/2018)
2018-08-01Set/Reset Deadlines: Motion to amend complaint due by 8/31/2018. (lsj) (Entered: 08/01/2018)
2018-08-1334NOTICE of Correction to Plaintiff's Address and Contact Information by JAMES PRICE. (tth) (Entered: 08/16/2018)
2018-08-1335MOTION for Extension of Time to File by JAMES PRICE. (tth) (Entered: 08/16/2018)
2018-08-21MINUTE ORDER granting 35 Plaintiff's Motion for Extension of Time to File Leave to Amend Complaint. Plaintiff's motion is now due on or before September 30, 2018, and Plaintiff shall attach to that motion the proposed amended complaint as required by Local Civil Rule 7(i). Defendant will file either an opposition to the motion to file an amended complaint or an answer to the amended complaint within 30 days of the filing of Plaintiff's motion. No further extensions of this deadline shall be granted. As to Defendant's proposed briefing schedule for summary judgment, the Court will continue to defer summary judgment briefing until the Criminal Division concludes its review of the referred records. Signed by Judge Christopher R. Cooper on 8/21/2018. (lccrc2) (Entered: 08/21/2018)
2018-08-21Set/Reset Deadlines: Plaintiff's Motion to Amend Pleadings due by 9/30/2018. (lsj) (Entered: 08/21/2018)
2018-09-1736NOTICE of Classified Information by JAMES PRICE (Attachments: # 1 Exhibit)(ztd) (Entered: 09/25/2018)
2018-09-1737MOTION for Hearing by JAMES PRICE; (See docket no. 36 to view.) (ztd) (Entered: 09/25/2018)
2018-10-0138MOTION to Amend/Correct 13 Amended Complaint by JAMES PRICE (Attachments: # 1 Exhibit Amended Complaint, # 2 Exhibit Summonses)(ztd) (Entered: 10/03/2018)
2018-10-3140NOTICE of Defendant's Concession of CIPA Violations by JAMES PRICE (ztd) (Entered: 11/05/2018)
2018-11-0139Amended ANSWER to 1 Complaint, by UNITED STATES DEPARTMENT OF JUSTICE.(Campbell, Rhonda) (Entered: 11/01/2018)
2018-11-02MINUTE ORDER: Before the Court is Plaintiff's Amended Complaint and Defendant's Answer to the Amended Complaint. Defendant has previously proposed a schedule for summary judgment briefing that is now outdated. Defendant shall propose an updated schedule for summary judgment briefing on or before November 16, 2018. Signed by Judge Christopher R. Cooper on 11/2/2018. (lccrc2) (Entered: 11/02/2018)
2018-11-05Set/Reset Deadlines: Proposed Briefing Schedule due by 11/16/2018 (lsj) (Entered: 11/05/2018)
2018-11-1342NOTICE of Defendant's Concession to Amendment of Complaint by JAMES PRICE (ztd) (Entered: 11/16/2018)
2018-11-1343MOTION to Compel by JAMES PRICE (ztd) (Entered: 11/16/2018)
2018-11-1344MOTION for Hearing by JAMES PRICE (ztd) (Entered: 11/16/2018)
2018-11-1541MOTION for Briefing Schedule by UNITED STATES DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 11/15/2018)
2018-11-19MINUTE ORDER granting Defendant's 41 Motion for Briefing Schedule. Defendant's motion for summary judgment shall be due on or before January 24, 2019; Plaintiff's opposition shall be due on or before February 28, 2019; and Defendant's reply shall be due on or before March 22, 2019. Signed by Judge Christopher R. Cooper on 11/19/2018. (lccrc2) (Entered: 11/19/2018)
2018-11-19Set/Reset Deadlines: Summary Judgment motions due by 1/24/2019. Response to Motion for Summary Judgment due by 2/28/2019. Reply to Motion for Summary Judgment due by 3/22/2019. (lsj) (Entered: 11/19/2018)
2018-11-2645RESPONSE re 39 Answer to Complaint filed by JAMES PRICE. (Attachments: # 1 Exhibit)(ztd) (Entered: 11/30/2018)
2018-11-2646Memorandum in opposition to re 41 MOTION for Briefing Schedule filed by JAMES PRICE. (Attachments: # 1 Text of Proposed Order)(ztd) (Entered: 11/30/2018)
2018-12-03MINUTE ORDER: In light of the parties' submissions regarding a proposed briefing schedule, the Court hereby adopts the following briefing schedule: Defendant's motion for summary judgment shall be due on or before January 24, 2019; Plaintiff's opposition and any cross-motion for summary judgment shall be due on or before March 15, 2019; Defendant's reply and opposition to the cross-motion shall be due on or before April 15, 2019; and Plaintiff's reply shall be due on or before May 1, 2019. Further requests for extensions of these deadlines will be viewed with disfavor. Signed by Judge Christopher R. Cooper on 12/3/2018. (lccrc2) (Entered: 12/03/2018)
2018-12-04Set/Reset Deadlines: Summary Judgment motions due by 1/24/2019. Response to Motion for Summary Judgment due by 3/15/2019. Reply to Motion for Summary Judgment due by 4/15/2019. Replies due by 5/1/2019. (lsj) (Entered: 12/04/2018)
2018-12-14MINUTE ORDER granting Plaintiff's 38 Motion to Amend/Correct Complaint. The attached amended complaint shall be deemed the operative complaint. Signed by Judge Christopher R. Cooper on 12/14/2018. (lccrc2) (Entered: 12/14/2018)
2018-12-1447AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE, JEFFERSON B. SESSIONS, III, DAVID S. FERRIERO filed by JAMES PRICE.(ztd) (Entered: 12/18/2018)
2018-12-1848Summons (2) Issued for Amended Complaint as to DAVID S. FERRIERO, JEFFERSON B. SESSIONS, III. (ztd) (Entered: 12/18/2018)
2018-12-1849SUMMONS (1) Issued for Amended Complaint as to U.S. Attorney; (See docket entry no. 48 to view.) (ztd) (Entered: 12/18/2018)
2019-01-0951MOTION to Substitute by JAMES PRICE (ztd); ("LEAVE TO FILE GRANTED" signed by Judge Christopher R. Cooper on 1/9/2019) Modified on 1/11/2019 (ztd). Modified to add text on 1/14/2019 (znmw). (Entered: 01/11/2019)
2019-01-1050MOTION to Stay , MOTION for Extension of Time to in Light of Lapse in Appropriations by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/10/2019)
2019-01-10MINUTE ORDER granting 50 Defendant's Motion to Stay the Case. All deadlines in the case shall be stayed pending renewed funding. Signed by Judge Christopher R. Cooper on 1/10/2019. (lccrc2) (Entered: 01/10/2019)
2019-01-1852MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by JAMES PRICE (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(ztd) (Entered: 01/18/2019)
2019-01-25MINUTE ORDER: Before the Court is 52 plaintiff's Motion for a Temporary Restraining Order. The Court notes that summonses have been issued to plaintiff for the two defendants he added in his amended complaint--and who are named in his motion seeking a temporary restraining order--but that those defendants have not yet been served, or at least that plaintiff has not yet provided proof of service. However, the government answered plaintiff's amended complaint, which added the two new defendants, on November 1, 2018. ECF No. 39. In that answer, government counsel indicated that she was responding on behalf of all three defendants named in the amended complaint. Government counsel did not object to service as improper in that answer, nor did she otherwise object to the motion to amend the complaint. Therefore, the Court ORDERS the defendants to show cause why service of process on the two new defendants should not be deemed waived. In addition, if service of process has been waived, and if current counsel of record intends to represent all three parties named in the amended complaint, she should enter an appearance on behalf of all three. Any further government filings in the case should indicate that they are on behalf of all three defendants, and not only the Department of Justice, contra some of the government's recent filings, including 50 its motion to stay the case pending renewed government funding. Finally, the Court stresses that it is taking no position on the merits of the TRO, on which the Court will reserve judgment until it has received the government's response on the motion, which must be filed within 30 days after appropriations are restored. Signed by Judge Christopher R. Cooper on 1/25/2019. (lccrc2) (Entered: 01/25/2019)
2019-02-01MINUTE ORDER: In light of the restoration of appropriations, the stay in this case is lifted. Consistent with the Court's previous minute order, the Government shall respond to Plaintiff's motion for a temporary restraining on or before February 28, 2019. Signed by Judge Christopher R. Cooper on 2/1/2019. (lccrc2) (Entered: 02/01/2019)
2019-02-05Set/Reset Deadlines: Responses to Motion for Temporary Restraining Order due by 2/28/2019 (lsj) (Entered: 02/05/2019)
2019-02-0553MOTION for Reconsideration on this Court's January 25, 2019 and February 4, 2019 Orders as to 52 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by DAVID S. FERRIERO, JEFFERSON B. SESSIONS, III, UNITED STATES DEPARTMENT OF JUSTICE (Campbell, Rhonda) Modified event and text on 2/5/2019 (ztd). (Entered: 02/05/2019)
2019-02-06MINUTE ORDER granting 53 Defendants' Motion for an Extension of Time. Defendants' response to the Plaintiff's request for a temporary restraining order is now due on or before March 28, 2019. Signed by Judge Christopher R. Cooper on 2/6/2019. (lccrc2) (Entered: 02/06/2019)
2019-02-06Set/Reset Deadlines: Responses due by 3/28/2019 (lsj) (Entered: 02/06/2019)
2019-02-0654NOTICE of Amended Civil Cover Sheet by JAMES PRICE (ztd) (Entered: 02/11/2019)
2019-02-0655MOTION to Compel by JAMES PRICE (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(ztd). Added MOTION for Sanctions on 2/13/2019 (ztd). (Entered: 02/11/2019)
2019-02-1956MOTION for Extension of Time to File Response/Reply as to 55 MOTION to Compel MOTION for Sanctions by DAVID S. FERRIERO, JEFFERSON B. SESSIONS, III, UNITED STATES DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 02/19/2019)
2019-02-19MINUTE ORDER granting 56 Motion for Extension of Time to File Response/Reply to Plaintiff's Motion to Compel Discovery. Defendants' response to the motion to compel is due on or before March 28, 2019. Signed by Judge Christopher R. Cooper on 2/19/2019. (lccrc2) (Entered: 02/19/2019)
2019-02-21Set/Reset Deadlines: Response to Motion to Compel due by 3/28/2019 (lsj) (Entered: 02/21/2019)
2019-03-1157MOTION to Substitute Party by JAMES PRICE (Attachments: # 1 Text of Proposed Order)(ztd) (Entered: 03/13/2019)
2019-03-1158MOTION for Discretionary Fee Exemption Pursuant to 28 U.S.C. 1914 by JAMES PRICE (Attachments: # 1 Text of Proposed Order)(ztd) (Entered: 03/13/2019)
2019-03-2859Memorandum in opposition to re 52 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, 55 MOTION to Compel MOTION for Sanctions filed by DAVID S. FERRIERO, JEFFERSON B. SESSIONS, III, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration)(Campbell, Rhonda) (Entered: 03/28/2019)
2019-03-2860CERTIFICATE OF SERVICE by DAVID S. FERRIERO, JEFFERSON B. SESSIONS, III, UNITED STATES DEPARTMENT OF JUSTICE re 59 Memorandum in Opposition, . (Campbell, Rhonda) (Entered: 03/28/2019)
2019-03-2961MOTION to Take Judicial Notice by JAMES PRICE (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(ztd) (Entered: 04/02/2019)
2019-03-2962MOTION to Compel by JAMES PRICE (Attachments: # 1 Text of Proposed Order)(ztd) (Entered: 04/02/2019)
2019-04-0563MOTION for Extension of Time to File Response/Reply as to 58 MOTION for Discretionary Fee Exemption Pursuant to 28 U.S.C. 1914 by JAMES PRICE (ztd) (Entered: 04/09/2019)
2019-04-16MINUTE ORDER: Upon consideration of 63 the Plaintiff's Motion for Extension of Time to File Replies to Defendants' Responses, the Court hereby GRANTS the motion. Plaintiff shall file his replies to Defendants' responses on or before May 3, 2019. Signed by Judge Christopher R. Cooper on 4/16/2019. (lccrc2) (Entered: 04/16/2019)
2019-04-16Set/Reset Deadlines: Replies due by 5/3/2019. (lsj) (Entered: 04/16/2019)
2019-04-1964MOTION for Leave to File Excess Pages by JAMES PRICE (Attachments: # 1 Exhibit Plaintiff's Reply, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(ztd) (Entered: 04/23/2019)
2019-05-2865MOTION for Leave to File by JAMES PRICE (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A-D)(ztd) (Entered: 06/03/2019)
2019-06-1966ORDER denying 52 Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction. A Memorandum Opinion accompanies this Order. Signed by Judge Christopher R. Cooper on 6/19/2019. (lccrc2) (Entered: 06/19/2019)
2019-06-1967MEMORANDUM OPINION re 66 Order denying Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction. Signed by Judge Christopher R. Cooper on 6/19/2019. (lccrc2) (Entered: 06/19/2019)
2019-06-19MINUTE ORDER: After review of the various motions that remain pending in this case, the Court hereby ORDERS that Plaintiff's 43 Motion to compel, 44 Motion for hearing, and 55 Motion to compel are DENIED as premature. The case has not proceeded beyond the pleadings and discovery is therefore inappropriate. The Court further ORDERS that Plaintiff's 37 Motion for a classified hearing, 51 Motion to substitute counsel for Defendants, and 61 Motion to take judicial notice are DENIED. Finally, it is further ORDERED that Plaintiff's 57 Motion to substitute William Barr as the appropriate Defendant, 63 Motion for extension of time to file response/reply, 64 Motion for leave to file excess pages, and 65 Motion for leave to file supplemental materials are GRANTED. Signed by Judge Christopher R. Cooper on 6/19/2019. (lccrc2) (Entered: 06/19/2019)
2019-06-1968REPLY to opposition to motion re 52 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by JAMES PRICE. (Attachments: # 1 Exhibit A-E)(ztd) (Entered: 06/20/2019)
2019-06-1969SUPPLEMENTAL MEMORANDUM (Exhibits A-D) to re 68 Reply to opposition to Motion filed by JAMES PRICE. (ztd) (Entered: 06/20/2019)
2019-07-1070STATUS REPORT by JAMES PRICE. (ztd) (Entered: 07/12/2019)
2019-07-25MINUTE ORDER: The Court has reviewed Plaintiff's status report. The parties shall file, by August 8, 2019, a proposed summary judgment briefing schedule for the FOIA claims at issue in the case. The Court will stay resolution of Plaintiff's FRA claims until the FOIA dispute has been resolved. Signed by Judge Christopher R. Cooper on 7/25/2019. (lccrc2) (Entered: 07/25/2019)
2019-07-25Set/Reset Deadlines: Proposed Briefing Schedule due by 8/8/2019 (lsj) (Entered: 07/25/2019)
2019-08-0672MOTION for Briefing Schedule by JAMES PRICE. (tth) (Entered: 08/09/2019)
2019-08-0871MOTION for Briefing Schedule by WILLIAM P. BARR, DAVID S. FERRIERO, JEFFERSON B. SESSIONS, III, UNITED STATES DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 08/08/2019)
2019-08-09MINUTE ORDER: Upon consideration of the parties' proposed briefing schedules, and in light of the fact that both parties intend to file motions for summary judgment, the following briefing schedule shall apply: Defendant's motion for summary judgment is due on or before September 30, 2019; Plaintiff's combined opposition to the government's motion and cross-motion for summary judgment is due on or before October 30, 2019; Defendant's combined reply in support of its motion and opposition to Plaintiff's cross-motion is due on or before November 20, 2019; and Plaintiff's reply in support of his cross-motion is due on or before December 10, 2019. Signed by Judge Christopher R. Cooper on 8/9/2019. (lccrc2) (Entered: 08/09/2019)
2019-08-09Set/Reset Deadlines: Summary Judgment motions due by 9/30/2019. Response to Motion for Summary Judgment due by 10/30/2019. Reply to Motion for Summary Judgment due by 11/20/2019. Replies due by 12/10/2019. (lsj) (Entered: 08/09/2019)
2019-09-1373Mail Returned as Undeliverable sent to James Price. Type of Document Returned: Order 66 and Memorandum Opinion 67 ; New Address not provided; unable to forward. (lsj) (Entered: 09/13/2019)
2019-09-3074MOTION for Summary Judgment by WILLIAM P. BARR, DAVID S. FERRIERO, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration OJP Potter Declaration and Exhibits, # 4 Declaration DOJ Jones Declaration, # 5 Exhibit DOJ Exhibits)(Campbell, Rhonda) (Entered: 09/30/2019)
2019-09-3075CERTIFICATE OF SERVICE by WILLIAM P. BARR, DAVID S. FERRIERO, UNITED STATES DEPARTMENT OF JUSTICE re 74 MOTION for Summary Judgment . (Campbell, Rhonda) (Entered: 09/30/2019)
2019-10-0876NOTICE of Filing of Certificate of Service by WILLIAM P. BARR, DAVID S. FERRIERO, UNITED STATES DEPARTMENT OF JUSTICE re 74 MOTION for Summary Judgment (Campbell, Rhonda) (Entered: 10/08/2019)
2019-10-2578MOTION for Extension of Time to File by JAMES PRICE (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(ztd) (Entered: 10/29/2019)
2019-10-31MINUTE ORDER granting 78 Plaintiff's Motion for Extension of Time to File Opposition. Plaintiff shall file his Opposition and Cross-Motion of Summary Judgment by December 2, 2019. Signed by Judge Christopher R. Cooper on 10/31/19. (lccrc2) Modified on 10/31/2019 (zlsj). (Entered: 10/31/2019)
2019-10-31Set/Reset Deadlines: Response to Motion for Summary Judgment due by 12/2/2019. (lsj) (Entered: 10/31/2019)
2019-10-31ENTERED IN ERROR....Minute Entry for Post-Discovery Hearing held before Judge Christopher R. Cooper on 10/31/2019. Forthcoming Order. (Court Reporter: Lisa Moreira) (lsj) Modified on 10/31/2019 (zlsj). (Entered: 10/31/2019)
2019-11-2779MOTION for Extension of Time to File Response/Reply as to 74 MOTION for Summary Judgment , MOTION for Extension of Time to File by JAMES PRICE (ztd) (Entered: 12/04/2019)
2019-12-04MINUTE ORDER granting 79 Plaintiff's Motion for Extension of Time to File Response/Reply. Plaintiff shall file his Opposition to 74 Government's Motion for Summary Judgment and Cross-Motion for Summary Judgment by December 23, 2019. No further extensions shall be granted. Signed by Judge Christopher R. Cooper on 12/4/19. (lccrc2) (Entered: 12/04/2019)
2019-12-05Set/Reset Deadlines: Response to Motion for Summary Judgment due by 12/23/2019. (lsj) (Entered: 12/05/2019)
2019-12-06MINUTE ORDER denying 58 Plaintiff's Motion for Discretionary Fee Exemption. Plaintiff seeks a discretionary fee exemption for PACER access. Pursuant to 28 U.S.C. §§ 1913, 1914, 1926, 1930, 1932, the Judicial Conference has established an Electronic Public Access Fee Schedule, which permits fee exemptions for certain persons upon a demonstration "that an exemption is necessary in order to avoid unreasonable burdens and to promote public access to information." Plaintiff has not met that burden here. The fact that Plaintiff is proceeding in forma pauperis ("IFP") does not "alone support a waiver of PACER fees." Raiser v. City of Temecula , No. EDCV1700217RGKRAO, 2018 WL 6219906, at *2 (C.D. Cal. June 22, 2018). As a litigant, Plaintiff is already entitled to receive one free electronic copy of documents filed with the court. See Katumbusi v. Gary , No. 2:14-CV-1534 JAM AC, 2014 WL 5698816, at *4 (E.D. Cal. Oct. 30, 2014). Plaintiff has not explained how his desire to expose "Defendants' malfeasance" warrants granting him free PACER access to all documents from all ninety-four federal judicial districts. Accordingly, Plaintiff's Motion for Discretionary Fee Exemption is hereby DENIED. Signed by Judge Christopher R. Cooper on 12/6/19. (lccrc2) (Entered: 12/06/2019)
2019-12-0680LEAVE TO FILE DENIED- Plaintiff's Ex Parte Status Report "Leave to file Denied. Plaintiff is directed to communicate with the Court through proper motions and notices rather than ex parte correspondence and telephone calls to chambers. The extension request has been granted in any event." This document is unavailable as the Court denied its filing.. Signed by Judge Christopher R. Cooper on 12/6/19. (ztd) (Entered: 12/10/2019)
2019-12-2681Cross MOTION for Partial Summary Judgment by JAMES PRICE (Attachments: # 1 Exhibit A-G)(ztd) (Entered: 12/31/2019)
2020-01-1082MOTION for Extension of Time to File Response/Reply as to 81 MOTION for Partial Summary Judgment by WILLIAM P. BARR, DAVID S. FERRIERO, UNITED STATES DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 01/10/2020)
2020-01-10MINUTE ORDER granting 82 Defendant's Motion for Extension of Time to File Opposition/Reply. Defendant shall file its Combined Opposition to 81 Plaintiff's Motion for Partial Summary Judgment and Reply in support of 74 its Motion for Summary Judgment by February 21, 2020. Any further extension requests by either side will be looked upon with disfavor. Signed by Judge Christopher R. Cooper on 1/10/20. (lccrc2) (Entered: 01/10/2020)
2020-01-14Set/Reset Deadlines: Response to Motion for Summary Judgment due by 2/21/2020. (lsj) (Entered: 01/14/2020)
2020-02-2183REPLY to opposition to motion re 81 MOTION for Partial Summary Judgment, 74 MOTION for Summary Judgment filed by WILLIAM P. BARR, DAVID S. FERRIERO, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Butler)(Campbell, Rhonda) (Entered: 02/21/2020)
2020-02-2884MOTION for Extension of Time to File Response/Reply as to 81 MOTION for Partial Summary Judgment by JAMES PRICE (Attachments: # 1 Text of Proposed Order)(ztd) (Entered: 03/02/2020)
2020-03-03MINUTE ORDER granting 84 Plaintiff's Motion for Extension of Time to File Reply. Plaintiff shall file his reply by March 17, 2020. Signed by Judge Christopher R. Cooper on 3/3/20. (lccrc2) (Entered: 03/03/2020)
2020-03-1785REPLY to opposition to motion re 81 MOTION for Partial Summary Judgment filed by JAMES PRICE. (Attachments: # 1 Exhibit Part 1 of 2, # 2 Exhibit Part 2 of 2)(ztd) (Entered: 03/19/2020)
2020-03-3086MOTION for Leave to File a Sur-Reply by WILLIAM P. BARR, DAVID S. FERRIERO, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit A)(Campbell, Rhonda) (Entered: 03/30/2020)
2020-04-0387ERRATA by JAMES PRICE 84 MOTION for Extension of Time to File Response/Reply as to 81 MOTION for Partial Summary Judgment filed by JAMES PRICE. (ztd) (Entered: 04/03/2020)
2020-04-2090SUPPLEMENTAL MEMORANDUM (EXHIBITS A - N) re 85 Reply to opposition to Motion filed by JAMES PRICE. (Attachments: # 1 Exhibits) (ztth) (Entered: 05/21/2020)
2020-05-1988NOTICE OF SUBSTITUTION OF COUNSEL by Christopher Charles Hair on behalf of WILLIAM P. BARR, DAVID S. FERRIERO, UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Rhonda Campbell (Hair, Christopher) (Entered: 05/19/2020)
2020-05-1989ERRATA by WILLIAM P. BARR, DAVID S. FERRIERO, UNITED STATES DEPARTMENT OF JUSTICE 74 MOTION for Summary Judgment filed by WILLIAM P. BARR, DAVID S. FERRIERO, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Amanda Marchard Jones & Exhibits)(Hair, Christopher) (Entered: 05/19/2020)
2020-07-1491ORDER granting in part and denying in part 74 Government's Motion for Summary Judgment; denying 81 Plaintiff's Motion for Partial Summary Judgment; granting 86 Government's Motion for Leave to File Sur-Reply. See full Order and accompanying Memorandum Opinion for details. Signed by Judge Christopher R. Cooper on 7/14/20. (lccrc2) (Entered: 07/14/2020)
2020-07-1492MEMORANDUM OPINION re: 91 Order. See full Opinion and accompanying Order for details. Signed by Judge Christopher R. Cooper on 7/14/20. (lccrc2) (Entered: 07/14/2020)
2020-07-15Set/Reset Deadlines: Summary Judgment motions due by 10/2/2020. Response to Motion for Summary Judgment due by 11/2/2020. Reply to Motion for Summary Judgment due by 11/2/2020. Replies due by 12/2/2020. Final reply due by 12/23/2020. (lsj) (Entered: 07/15/2020)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar