Case Detail

FOIA Project Annotation: Judge Ketanji Brown Jackson has ruled that the Secret Service conducted an adequate search for records concerning a possible investigation of Abdul Love for counterfeiting. Love was arrested for possession of cocaine by the Waukegan, Illinois police. Convinced that Silas Peppel, an acquaintance, had set him up to mitigate his own punishment for participating in a counterfeiting ring in which Peppel and Love were both implicated, Love uncovered a 2005 report that detailed a Carbondale, Illinois police investigation of a local counterfeiting operation. The report indicated that Peppel had been interviewed and said he wanted to talk to the Secret Service. The police report indicated that Secret Service Agent Paul Foster was contacted, agreed to take over the investigation, and was given a copy of materials related to the police investigation. Love then requested information on the results of that investigation from the Secret Service. The agency searched its Common Index twice but found no records. It also searched its Springfield, Illinois office and contacted Foster. Again, no records were found. Love argued that the search was inadequate because the agency failed to confirm that all records from its defunct Belleville, Illinois office were integrated with those in the Springfield office. But Jackson pointed out that "nothing in the record of this case indicates that the defunct Belleville field office ever maintained any records responsive to Plaintiff's FOIA request, much less that the integration of any such records into the Springfield office's recordkeeping system was mishandled once the Belleville office closed." Love also suggested that the fact that DEA found responsive records indicated that the Secret Service search was inadequate. Jackson noted that "but none of the records that Plaintiff received from DEA references any Secret Service investigation into counterfeiting or otherwise. And it is well established that the existence of records maintained by another agency is not dispositive of either the issue of the adequacy of an agency's search or the question of good faith."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2012-06-26	1	COMPLAINT against KEITH PREWITT, CRAIG ULMER, UNITED STATES SECRET SERVICE filed by ABDUL LOVE. (Attachments: # 1 Civil Cover Sheet)(dr) (Entered: 06/28/2012)
2012-06-26		SUMMONS Not Issued as to KEITH PREWITT, CRAIG ULMER, UNITED STATES SECRET SERVICE (dr) (Entered: 06/28/2012)
2012-06-26	2	MOTION for Leave to Proceed in forma pauperis by ABDUL LOVE (dr) (Entered: 06/28/2012)
2012-06-26	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ABDUL LOVE (dr) (Entered: 06/28/2012)
2012-06-26	4	ORDER directing an initial partial filing fee in the amount of $7.33 be made from Prison Account of ABDUL LOVE; further ordered, granting 2 MOTION for Leave to Proceed in forma pauperis (See Order for Full Details). Signed by Judge Ellen S. Huvelle on 06/21/2012. (dr) (Entered: 06/28/2012)
2012-06-26	5	ORDER that Defendants Keith Prewitt and Craig Ulmer are Dismissed with Prejudice as party Defendants. Further ordered, that this civil action shall proceed under the Freedom of Information Act as against the United States Department of Homeland Security. Signed by Judge Ellen S. Huvelle on 6/21/2012. (dr) (Entered: 06/28/2012)
2012-06-28		SUMMONS (3) Issued as to UNITED STATES SECRET SERVICE, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 06/29/2012)
2012-07-03	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/2/2012. ( Answer due for ALL FEDERAL DEFENDANTS by 8/1/2012.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/3/12. (td, ) (Entered: 07/06/2012)
2012-07-09	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES SECRET SERVICE served on 7/5/2012 (dr) (Entered: 07/10/2012)
2012-07-13	8	NOTICE of Appearance by Leila Jade Levi on behalf of UNITED STATES SECRET SERVICE (Levi, Leila) (Entered: 07/13/2012)
2012-07-23	9	NOTICE of Change of Address by ABDUL LOVE (dr) (Entered: 07/25/2012)
2012-07-31	10	MOTION for Extension of Time to File Answer by KEITH PREWITT, CRAIG ULMER, UNITED STATES SECRET SERVICE (Levi, Leila) (Entered: 07/31/2012)
2012-08-01		MINUTE ORDER: Defendants' 10 Motion for Extension of Time is granted, and their Answer or other response to the Complaint is due by 10/1/2012. Signed by Judge John D. Bates on 7/31/12. (ms, ) (Entered: 08/01/2012)
2012-08-06	11	MOTION to Unseal Documents by ABDUL LOVE (dr) (Entered: 08/08/2012)
2012-08-08		MINUTE ORDER: Plaintiff's 11 Motion to Unseal Documents, which were placed under seal by order of the Nineteenth Judicial Circuit Court, Lake County, Illinois, is denied. The FOIA applies only to executive branch agencies of the federal government, see 5 U.S.C. § 552(f)(1), and it is not a means by which this Court can require production of information maintained by a state court. See DiPietro v. Exec. Office for U.S. Attorneys, 357 F. Supp. 2d 177, 182 (D.D.C. 2004) (concluding that FOIA did not require federal agency to produce records maintained by county sheriffs department). Signed by Judge John D. Bates on 8/8/12. (ms, ) (Entered: 08/08/2012)
2012-08-20	12	Mail Returned as Undeliverable - ID # DOES NOT MATCH. sent to Pro Se Plaintiff Abdul Love; Document Returned: Minute Order of 8/8/2012. Order was Resent to Plaintiff at the following new address: Abdul Love ID # M10108 Statesville Correctional Institute PO Box 112. Joliet, IL 60434. (jth) (Entered: 08/22/2012)
2012-08-31	13	MOTION for Order to Show Cause for a Preliminary Injunction by ABDUL LOVE. "Leave to File Granted," Signed by Judge John D. Bates on 08/31/2012. (dr) (Entered: 09/10/2012)
2012-09-14	14	MOTION for Extension of Time to File Answer by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Levi, Leila) (Entered: 09/14/2012)
2012-09-18	15	Amended AFFIDAVIT by ABDUL LOVE. "Leave to File Granted," Signed by Judge John D. Bates on 09/18/2012. (dr) (Entered: 09/24/2012)
2012-09-21		MINUTE ORDER: Defendants' 14 Motion for Extension of Time is granted, and the Answer or other response to the complaint is due by December 3, 2012. Signed by Judge John D. Bates on 9/21/12. (ms, ) (Entered: 09/21/2012)
2012-10-01	16	Memorandum in opposition to re 14 MOTION for Extension of Time to File Answer filed by ABDUL LOVE. (dr) (Entered: 10/03/2012)
2012-12-03	17	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Declaration)(Levi, Leila) (Entered: 12/03/2012)
2012-12-05	18	Order advising plaintiff to respond by 1/11/2013 to defendant's motion for summary judgment, or the Court may deem the motion conceded. Signed by Judge John D. Bates on 12/5/12. (ms, ) (Entered: 12/05/2012)
2012-12-07		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 1/11/2013. (tb, ) (Entered: 12/07/2012)
2012-12-20	19	MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment by ABDUL LOVE (dr) (Entered: 12/26/2012)
2012-12-26		MINUTE ORDER: Plaintiff's 19 Motion for Extension of Time is granted. Not later than January 7, 2013, defendant shall send a copy of its motion to plaintiff at his current address of record, and not later than February 25, 2013, plaintiff shall file his opposition or other response to defendant's 17 MOTION for Summary Judgment. Signed by Judge John D. Bates on 12/26/12. (ms, ) (Entered: 12/26/2012)
2013-01-04	20	NOTICE of Service by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Levi, Leila) (Entered: 01/04/2013)
2013-01-14		MINUTE ORDER: It is hereby ordered that plaintiffs 13 motion for a preliminary injunction is denied. The deadline for plaintiffs opposition to defendants motion for summary judgment has been extended to February 25, 2013. If plaintiff is unable to file his opposition timely, pursuant to Rule 6 of the Federal Rules of Civil Procedure, he may file a second motion for an extension of time. Signed by Judge John D. Bates on 1/14/13. (ms, ) (Entered: 01/14/2013)
2013-01-14		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 2/25/2013. (tb, ) (Entered: 01/14/2013)
2013-01-14	21	NOTICE OF SUBSTITUTION OF COUNSEL by Matthew E. Maguire on behalf of UNITED STATES DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Leila Levi (Maguire, Matthew) (Entered: 01/14/2013)
2013-01-17		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 2/25/2013. (tb, ) (Entered: 01/17/2013)
2013-01-18	22	RESPONSE re 17 MOTION for Summary Judgment filed by ABDUL LOVE. (Attachments: # 1 Exhibit)(rdj) (Entered: 01/23/2013)
2013-01-28	23	MOTION for Extension of Time to File Response/Reply to Docket Entry No. 22 by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Maguire, Matthew) (Entered: 01/28/2013)
2013-01-28		MINUTE ORDER: Defendants' 23 Motion for Extension of Time is granted, and the Reply is due by February 18, 2013. Signed by Judge John D. Bates on 1/28/13. (ms, ) (Entered: 01/28/2013)
2013-01-28	24	MOTION to Appoint Counsel by ABDUL LOVE (Attachments: # 1 Exhibit)(jf, ) (Entered: 01/31/2013)
2013-02-12	25	ORDER denying 24 without prejudice plaintiff's Motion to for the Appointment of Counsel. Signed by Judge John D. Bates on 2/12/13. (ms, ) (Entered: 02/12/2013)
2013-02-19	26	REPLY to opposition to motion re 17 MOTION for Summary Judgment In Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Maguire, Matthew) (Entered: 02/19/2013)
2013-04-04		Case directly reassigned to Judge Ketanji Brown Jackson. Judge John D. Bates no longer assigned to the case. (gt, ) (Entered: 04/04/2013)
2013-06-03	27	SUPPLEMENT to re 22 RESPONSE re 17 MOTION for Summary Judgment filed by ABDUL LOVE. (jf, ) (Entered: 06/05/2013)
2013-08-05	28	NOTICE OF SUBSTITUTION OF COUNSEL by John H. Spittell on behalf of UNITED STATES DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Matthew Maguire (Spittell, John) (Entered: 08/05/2013)
2013-08-16	29	MEMORANDUM AND OPINION. Signed by Judge Ketanji Brown Jackson on 8/16/13. (ms, ) (Entered: 08/16/2013)
2013-08-16	30	ORDER granting 17 defendant's Motion for Summary Judgment. This is a final appealable Order. Signed by Judge Ketanji Brown Jackson on 8/16/13. (ms, ) (Entered: 08/16/2013)
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