Case Detail

FOIA Project Annotation: Judge Emmet Sullivan has ruled that the Air Force conducted an adequate search for records pertaining to its High-Frequency Active Auroral Research Program and that requester Gilbert Roman failed to exhaust his administrative remedies as to one component of the agency's response. Roman asked for the location of all HAARP devices and the date of any tests. The agency sent the request to Kirtland AFB and the Air Force Historical Research Agency. Kirtland sent the request to the HAARP facility in Gakona, Alaska, where the manager created a fact sheet, which was then released to Roman. Roman appealed, claiming that there were many more HAARP sites that should be searched. Subsequently the research office found no records but sent abstracts of seven documents that referenced HAARP. Roman did not appeal the response from the research office. Roman then filed suit. The agency argued that Roman had failed to exhaust his administrative remedies as to the responses from both Kirtland and the research office. The agency contended that since Roman had asked a question rather than requesting records, his request was improper. But Sullivan noted that "Defendant's response to Plaintiff's request, and Plaintiff's claim that Defendant is improperly withholding due to their alleged inadequate search, gives jurisdiction to the Court to rule on the matter." As to the response of the research office, Sullivan dismissed Roman's claim, indicating that "although Plaintiff did file an appeal within [60 days], it did not encompass AFHRA's response to his request. Rather, the appeal letter refers only to. . .the case number assigned by Kirtland AFB. It contains no reference to. . .the case number assigned by AFHRA." Sullivan then found the agency had conducted an adequate search. He pointed out that "after Plaintiff appealed, Defendant performed a second search that involved paper records. In Defendant's second search, [the HAARP manager], who is 'familiar with all aspects of the [HAARP] program including the location of the facility,' searched the records 'for any references to a [HAARP] facility other than the one at Gakona, Alaska.' It was reasonable for Defendant to take a general approach in its search to find a reference to any possible HAARP facility since Plaintiff claimed in his appeal that more than one facility exists and his original request specifically asked for information regarding HAARP."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2012-08-20	1	COMPLAINT against DEPARTMENT OF THE AIR FORCE ( Filing fee $ 350, receipt number 4616050865) filed by GILBERT ROMAN. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 08/23/2012)
2012-08-20		SUMMONS Not Issued as to DEPARTMENT OF THE AIR FORCE (jf, ) (Entered: 08/23/2012)
2012-08-20	2	NOTICE OF RELATED CASE by GILBERT ROMAN. Case related to Case No. 12-1370. (jf, ) (Entered: 08/23/2012)
2012-08-29	3	NOTICE OF Consent to Proceed before US Magistrate Judge for All Purposes by GILBERT ROMAN (jf, ) (Entered: 08/31/2012)
2012-09-11		Summons (1) Issued as to DEPARTMENT OF THE AIR FORCE. (rdj) (Entered: 09/11/2012)
2012-09-17	4	AFFIDAVIT of Mailing re 1 Complaint by GILBERT ROMAN. (rdj) (Entered: 09/19/2012)
2012-09-26		SUMMONS (2) Issued as to U.S. Attorney and U.S. Attorney General (rdj) (Entered: 09/26/2012)
2012-10-03	5	Consent MOTION for Extension of Time to Respond to Plaintiff's Complaint by DEPARTMENT OF THE AIR FORCE (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 10/03/2012)
2012-10-05		MINUTE ORDER granting 5 consent motion for extension of time to respond to the complaint. The defendant shall respond to the complaint by no later than November 21, 2012. Signed by Judge Emmet G. Sullivan on October 5, 2012. (lcegs4) (Entered: 10/05/2012)
2012-10-05		Set/Reset Deadlines: Answer due by 11/21/2012, (clv, ) (Entered: 10/05/2012)
2012-10-05		NOTICE: Minute Order entered 10/4/12 to the plaintiff at the Court's address of record. (clv, ) (Entered: 10/05/2012)
2012-10-09		MINUTE ORDER. In light of plaintiff's submission of 3 Notice and Consent to Refer this Action to a Magistrate Judge to conduct all proceedings in this case, defendant is hereby directed to inform the Court, by no later than November 21, 2012, whether it consents to referral of this case to a magistrate judge. Signed by Judge Emmet G. Sullivan on October 9, 2012. (lcegs4) (Entered: 10/09/2012)
2012-10-09		Set/Reset Deadlines: defendant is direxted to inform the Court by 11/21/12, whether it consents to referral of this case to a magistrate judge. (clv, ) (Entered: 10/09/2012)
2012-10-09		NOTICE: Minute Order entered 10/9/12 was mailed to the plaintiff to the address of Court's record. (clv, ) (Entered: 10/09/2012)
2012-10-22	6	NOTICE by GILBERT ROMAN (jf, ) (Entered: 10/24/2012)
2012-11-21	7	MOTION to Dismiss for Lack of Subject Matter Jurisdiction, or, in the Alternative , MOTION for Summary Judgment by DEPARTMENT OF THE AIR FORCE (Attachments: # 1 Declaration of E. Toth and exhibits thereto, # 2 Declaration of K. Burge and exhibits thereto, # 3 Statement of Facts (Material and Undisputed), # 4 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 11/21/2012)
2012-11-21	8	NOTICE Concerning Declining to Consent to Referral to a Magistrate Judge by DEPARTMENT OF THE AIR FORCE re Order, (Pfaffenroth, Peter) (Entered: 11/21/2012)
2012-11-26	9	ORDER advising pro se plaintiff that a dispositive motion has been filed and advising him of his obligation to respond. Signed by Judge Emmet G. Sullivan on November 26, 2012. (lcegs4) (Entered: 11/26/2012)
2012-11-27		Set/Reset Deadlines: Response to Dispositive Motions due by 12/26/2012. (clv, ) (Entered: 11/27/2012)
2012-11-27		NOTICE: The Order entered 11/26/12 was mailed to the plaintiff at the address of Court's Record. (clv, ) (Entered: 11/27/2012)
2012-11-29	10	MOTION to release paper work and enter new evidence by GILBERT ROMAN (jf, ) (Entered: 11/30/2012)
2012-12-06	11	Memorandum in opposition to re 10 MOTION to release paper work and enter new evidence filed by DEPARTMENT OF THE AIR FORCE. (Pfaffenroth, Peter) (Entered: 12/06/2012)
2012-12-06	12	MOTION to Deny Dismissal and/or Summary Judgment, MOTION to Produce further Evidence and new Evidence by GILBERT ROMAN. "Let this be Filed," Signed by Judge Emmitt Sullivan on 12/6/2012. (dr) (Entered: 12/11/2012)
2012-12-10	13	MOTION for Order to enter new evidence by GILBERT ROMAN (td, ) (Entered: 12/12/2012)
2012-12-10	14	MOTION for Order to enter new evidence by GILBERT ROMAN (td, ) (Entered: 12/12/2012)
2012-12-18	15	NOTICE to the Court by GILBERT ROMAN. "Let this be filed" signed by Judge Emmet G. Sullivan on 12/13/2012 (jf, ) (Entered: 12/18/2012)
2012-12-18	16	NOTICE to the Court by GILBERT ROMAN. "Let this be filed" signed by Judge Emmet G. Sullivan on 12/13/2012 (jf, ) (Entered: 12/18/2012)
2012-12-18	17	REPLY to opposition to motion re 7 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, or, in the Alternative MOTION for Summary Judgment and Defendant's Combined Responses to Plaintiff's Various Recent Filings filed by DEPARTMENT OF THE AIR FORCE. (Pfaffenroth, Peter) (Entered: 12/18/2012)
2012-12-18	18	Memorandum in opposition to re 12 MOTION to Deny Dismissal and/or Summary Judgment MOTION to Produce and Defendant's Combined Reply in Support of Dismissal, or, Alternatively, Summary Judgment filed by DEPARTMENT OF THE AIR FORCE. (Pfaffenroth, Peter) (Entered: 12/18/2012)
2012-12-18	19	Memorandum in opposition to re 13 MOTION for Order and Defendant's Combined Reply in Support of Dismissal, or, Alternatively, Summary Judgment filed by DEPARTMENT OF THE AIR FORCE. (Pfaffenroth, Peter) (Entered: 12/18/2012)
2012-12-18	20	Memorandum in opposition to re 14 MOTION for Order and Defendant's Combined Reply in Support of Dismissal, or, Alternatively, Summary Judgment filed by DEPARTMENT OF THE AIR FORCE. (Pfaffenroth, Peter) (Entered: 12/18/2012)
2013-06-24	21	NOTICE to the Court by GILBERT ROMAN (jf, ) (Entered: 06/27/2013)
2013-07-09	22	ORDER granting requests to enter evidence into the record; granting Motion to Dismiss or in the Alternative for Summary Judgment; finding as moot Motion to Release Paperwork. Signed by Judge Emmet G. Sullivan on July 9, 2013. (lcegs4) (Entered: 07/09/2013)
2013-07-09	23	MEMORANDUM AND OPINION. Signed by Judge Emmet G. Sullivan on July 9, 2013. (lcegs4) (Entered: 07/09/2013)
2013-07-09		NOTICE: Memorandum Opinion and Order entered 7/9/13 was mailed to GILBERT ROMAN at the address of Court Record. (clv, ) (Entered: 07/09/2013)
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