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Case TitleEDDINGTON v. UNITED STATES POSTAL SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02984
Date Filed2019-10-03
Date ClosedOpen
JudgeJudge James E. Boasberg
PlaintiffPATRICK EDDINGTON
Case DescriptionPatrick Eddington, a researcher at the Cato Institute, submitted a FOIA request to the U.S. Postal Service for records concerning a registration or detention program for Muslims in the event of the authorization of military force against any nation. Eddington also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but told Eddington that it was too broad to allow for a search. Eddington filed an administrative appeal of the decision. He was told that his appeal was closed but did not receive a final letter for the agency. Eddington then filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES POSTAL SERVICE
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 [18]
FOIA Project Annotation: Patrick Eddington, a researcher at the Cato Institute, has filed multiple complex requests to agencies recently, often requesting expedited processing as well, designed to challenge agencies' ability to respond within the statutory time limit. In the first of his suits to reach a decision, Judge James Boasberg has ruled that Eddington failed to exhaust his administrative remedies by not clarifying his request for how the U.S. Postal Service would respond to a registration or detention program aimed at ethnic or religious minorities. The Postal Service told Eddington that it had 30,000 facilities and needed Eddington to narrow the scope of his request. Instead of narrowing his request, Eddington appealed and agreed to limit his request to five specific offices. After his appeal was denied, Eddington filed suit. USPS argued that Eddington's request was far too vague and unfocused, leaving the agency with the impossible task of trying to interpret the meaning of Eddington's request. Boasberg pointed out that "this requires USPS to research the question and decide to which nations it applies; Plaintiff should have done this homework himself." Boasberg observed that "how is USPS to determine what 'ethnic, religious, or racial heritage groups' are not 'present in the United States'? In other words, where does this definition finds its limit?" He indicated that the only solution was for Eddington "to start over with a clean, comprehensible request." He noted that "there can be no doubt that these deficiencies have deprived USPS of 'an opportunity to exercise its discretion and expertise on the matter.' It has not yet had a chance to even search for records sought by a request that reasonably describes its target."
Issues: Litigation - Jurisdiction - Failure to Exhaust
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-10-031COMPLAINT against UNITED STATES POSTAL SERVICE ( Filing fee $ 400 receipt number 0090-6417018) filed by PATRICK EDDINGTON. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Summons)(Burday, Joshua) (Entered: 10/03/2019)
2019-10-032NOTICE of Appearance by Joshua Hart Burday on behalf of PATRICK EDDINGTON (Burday, Joshua) (Entered: 10/03/2019)
2019-10-09Case Assigned to Judge Rudolph Contreras. (zeg) (Entered: 10/09/2019)
2019-10-093SUMMONS (3) Issued Electronically as to UNITED STATES POSTAL SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 10/09/2019)
2019-11-064RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES POSTAL SERVICE served on 10/15/2019 (Burday, Joshua) (Entered: 11/06/2019)
2019-11-065RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/15/2019. (Burday, Joshua) (Entered: 11/06/2019)
2019-11-066RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/15/2019. Answer due for ALL FEDERAL DEFENDANTS by 11/14/2019. (Burday, Joshua) (Entered: 11/06/2019)
2019-11-277Civil Statement from United States of America regarding Service of Process. (Attachments: # 1 Exhibit Declaration of Daniel F. Van Horn, # 2 Text of Proposed Order)(Van Horn, Daniel) (Entered: 11/27/2019)
2019-12-02MINUTE ORDER: Upon consideration of 7 the parties' statement regarding service of process, it is hereby ORDERED that the Defendant shall answer or otherwise respond to Plaintiff's complaint by December 26, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on December 2, 2019. (lcrc3) (Entered: 12/02/2019)
2019-12-02Set/Reset Deadlines: Answer due by 12/26/2019. (tj) (Entered: 12/02/2019)
2019-12-098NOTICE of Appearance by Katherine Boyd Palmer-Ball on behalf of UNITED STATES POSTAL SERVICE (Palmer-Ball, Katherine) (Entered: 12/09/2019)
2019-12-229Consent MOTION for Extension of Time to Respond by UNITED STATES POSTAL SERVICE (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 12/22/2019)
2019-12-23MINUTE ORDER granting 9 Defendant's consent motion for extension of time. It is hereby ORDERED that Defendant shall respond to 1 Plaintiff's complaint by January 9, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on December 23, 2019. (lcrc3) (Entered: 12/23/2019)
2019-12-23Set/Reset Deadlines: Status Report due by 1/9/2020 (tj) (Entered: 12/23/2019)
2020-01-0310NOTICE OF RELATED CASE by PATRICK EDDINGTON. Case related to Case No. 19-cv-01999. (Burday, Joshua) (Entered: 01/03/2020)
2020-01-0911MOTION to Dismiss Plaintiff's Complaint by UNITED STATES POSTAL SERVICE (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 01/09/2020)
2020-01-1512Unopposed MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss Plaintiff's Complaint by PATRICK EDDINGTON (Attachments: # 1 Text of Proposed Order)(Burday, Joshua) (Entered: 01/15/2020)
2020-01-15MINUTE ORDER granting 12 Plaintiff's unopposed motion for extension of time. It is hereby ORDERED that Plaintiff shall respond to 11 Defendant's motion to dismiss by February 6, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on January 15, 2020. (lcrc3) (Entered: 01/15/2020)
2020-01-16Set/Reset Deadlines: Responses due by 2/6/2020. (tj) (Entered: 01/16/2020)
2020-01-21MINUTE ORDER: Upon consideration of 10 Plaintiff's notice of related case and 11 the government's motion to dismiss, the Court notes that the complaint in this suit is identical to the complaint filed in the related case, Eddington v. USPS, Civ. Action No. 19-1999 (JEB). Accordingly, the Court seeks the government's position on transfer of the pending suit to Judge Boasberg pursuant to LCrR 40.5(a)(4) and LCrR 40.5(c)(2). It is hereby ORDERED that the government shall file, by February 4, 2020, a statement of its position on this matter. SO ORDERED. Signed by Judge Rudolph Contreras on January 21, 2020. (lcrc3) (Entered: 01/21/2020)
2020-01-29Set/Reset Deadlines: Responses due by 2/4/2020. (tj) (Entered: 01/29/2020)
2020-01-3113NOTICE by UNITED STATES POSTAL SERVICE (Palmer-Ball, Katherine) (Entered: 01/31/2020)
2020-02-0314Case directly reassigned to Judge James E. Boasberg as there is an earlier related case. Judge Rudolph Contreras is no longer assigned to the case. (rj) (Entered: 02/03/2020)
2020-02-0615Memorandum in opposition to re 11 MOTION to Dismiss Plaintiff's Complaint filed by PATRICK EDDINGTON. (Burday, Joshua) (Entered: 02/06/2020)
2020-02-1316REPLY to opposition to motion re 11 MOTION to Dismiss Plaintiff's Complaint filed by UNITED STATES POSTAL SERVICE. (Palmer-Ball, Katherine) (Entered: 02/13/2020)
2020-03-0617ORDER GRANTING Defendant's 11 Motion to Dismiss. The Court ORDERS that Defendant's Motion to Dismiss is GRANTED; and the case is DISMISSED WITHOUT PREJUDICE. So ORDERED by Judge James E. Boasberg on 3/6/2020. (lcjeb1) (Entered: 03/06/2020)
2020-03-0618MEMORANDUM OPINION re 17 Order on Motion to Dismiss. Signed by Judge James E. Boasberg on 3/6/2020. (lcjeb1) (Entered: 03/06/2020)
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