Case Detail

FOIA Project Annotation: Judge Christopher Cooper has ruled that Ricky Lynn Cole failed to show that there was a public interest in disclosing records from FBI Special Agent Derek Stone's personnel file that outweighed Stone's privacy interest in non-disclosure. Cole was convicted of 107 counts of interstate transportation of child pornography. He filed a habeas petition with the trial court alleging that Stone had threatened to charge Tina Cox with perjury if she testified that she was responsible for the crime rather than Cole. The trial court dismissed Cole's allegations as frivolous. Cole then filed a FOIA request for Stone's disciplinary records. The agency issued a Glomar response neither confirming nor denying the existence of records and OIP affirmed the agency's decision. Cooper found that he did not need to balance the public interest in disclosure against Stone's privacy interest because Cole had not submitted sufficient evidence to show that any public interest existed. Cooper noted that the trial court concluded that "both Agent Stone and the trial judge advised [Tina] Cox of the repercussions of perjury and witness tampering and noted that doing so did not constitute substantial interference with a defense witness." Cooper noted that he found "the decision of the habeas court persuasive and Cole presents no new evidence of government misconduct here. After reviewing all the submissions, the Court cannot identify sufficient evidence to support a reasonable belief that Agent Stone improperly interfered with Ms. Cox's potential testimony."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2013-08-05	1	COMPLAINT against FEDERAL BUREAU OF INVESTIGATION ( Filing fee received $ 46.00, receipt number 4616058036) filed by RICKY LYNN COLE. (Attachments: # 1 Civil Cover Sheet, # 2 Copy of Order MC 13-713)(kb) (Entered: 08/05/2013)
2013-08-20	2	MOTION for Leave to Proceed in forma pauperis by RICKY LYNN COLE (rdj) (Entered: 09/05/2013)
2013-08-20	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by RICKY LYNN COLE (zrdj) (Entered: 09/05/2013)
2013-12-20	4	NOTICE of Change of Address by RICKY LYNN COLE. (md, ) DOCUMENT IS ILLEGIBLE (Entered: 12/22/2013)
2014-03-25	5	ORDER granting 2 Plaintiff's Motion for Leave to Proceed in forma pauperis; assessing partial filing fee pursuant to the Prison Litigation Reform Act (see attached order for details). Signed by Judge Emmet G. Sullivan on 3/25/14.(ah) (Entered: 03/25/2014)
2014-03-25		MINUTE ORDER:It is hereby ORDERED that pursuant to 28 U.S.C. § 1915(d), the Clerk shall prepare and issue summons in this FOIA case and provide the summons and the complaint to the U.S. Marshals Service to effect service of same upon the named defendant and the United States. SO ORDERED. Signed by Judge Emmet G. Sullivan on 3/25/14.(ah) (Entered: 03/25/2014)
2014-04-07		Case directly reassigned to Judge Christopher R. Cooper. Judge Emmet G. Sullivan no longer assigned to the case. (gt, ) (Entered: 04/07/2014)
2014-04-07	6	MOTION to Compel Production of Records by RICKY LYNN COLE. "Let this be filed" signed by Judge Emmet G. Sullivan on 04/04/2014 (jf, ) (Entered: 04/07/2014)
2014-04-22		SUMMONS (3) Issued as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 04/23/2014)
2014-06-06		MINUTE ORDER: It is ORDERED that the Clerk shall reissue summons for the United States and provide the summons and the complaint to the Marshals Service to effect service of same upon the United States pursuant to Rule 4(i). SO ORDERED. Signed by Judge Christopher R. Cooper on 6/6/14.(ah) (Entered: 06/06/2014)
2014-06-09		SUMMONS (2) REISSUED as non-parties U.S. Attorney and U.S. Attorney General. (kb) (Entered: 06/09/2014)
2014-06-19	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/13/2014. (rdj) (Entered: 06/19/2014)
2014-06-23	8	NOTICE of Appearance by Timothy E. Broomhead on behalf of FEDERAL BUREAU OF INVESTIGATION (Broomhead, Timothy) (Entered: 06/23/2014)
2014-06-25	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/20/2014. Answer due for ALL FEDERAL DEFENDANTS by 7/20/2014. (td, ) (Entered: 06/26/2014)
2014-06-25	10	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/20/14. (See docket entry no. 9 to view document.) (td, ) (Entered: 06/26/2014)
2014-06-25	11	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/16/2014. Answer due for ALL FEDERAL DEFENDANTS by 7/16/2014. (jf, ) (Entered: 06/26/2014)
2014-07-15	12	MOTION for Extension of Time to Respond to Plaintiff's Complaint by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Broomhead, Timothy) (Entered: 07/15/2014)
2014-07-18		MINUTE ORDER granting 12 Motion for Extension of Time; and it is FURTHER ORDERED that Defendant shall have up to and including September 15, 2014 to answer or otherwise respond to the Complaint. Signed by Judge Christopher R. Cooper on 7/18/2014. (lccrc3, ) (Entered: 07/18/2014)
2014-08-18	13	MOTION to Supplement Pursuant to Fed. R. Civ. P. 15(d) by RICKY LYNN COLE " Leave to file GRANTED" Signed by Judge Christopher R. Cooper on 8/18/2014. (tcr) (Entered: 08/19/2014)
2014-08-27	14	MOTION for Leave to File Opposition to Plaintiff's Motion to Compel by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Broomhead, Timothy) (Entered: 08/27/2014)
2014-08-27	15	Memorandum in opposition to re 13 MOTION to Amend/Correct filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Broomhead, Timothy) (Entered: 08/27/2014)
2014-08-27	16	ORDER denying as moot 6 Plaintiff's Motion to supplement the complaint; granting 13 Plaintiff's resubmitted motion to supplement the complaint; denying as moot 14 Defendant's motion for leave to file a response to plaintiff's motion to supplement the complaint and directing defendant to respond to the complaint and the supplement by September 15, 2014 (see attached order for details). Signed by Judge Christopher R. Cooper on 8/27/14.(ah) (Entered: 08/27/2014)
2014-08-28		NOTICE: The Court's order dated 8/27/2014 has been mailed by first class mail to Plaintiff: RICKY LYNN COLE, R31788-177, SAFFORD FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 9000 SAFFORD, AZ 85548 on 8/28/2014. (tcr) (Entered: 08/28/2014)
2014-09-08	17	NOTICE OF SUBSTITUTION OF COUNSEL by Laura Emily Jennings on behalf of FEDERAL BUREAU OF INVESTIGATION Substituting for attorney Timothy Broomhead (Jennings, Laura) (Entered: 09/08/2014)
2014-09-12	18	MOTION for Extension of Time to File Response/Reply by FEDERAL BUREAU OF INVESTIGATION (Jennings, Laura) (Entered: 09/12/2014)
2014-09-15		MINUTE ORDER granting 18 MOTION for Extension of Time to File Response/Reply; and it is further ORDERED that Defendant shall have to, and including, Thursday, October 22, 2014, to respond to Plaintiffs Complaint. Signed by Judge Christopher R. Cooper on 9/15/2014. (tcr) (Entered: 09/15/2014)
2014-09-19	19	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 9/8/2014 (td, ) (Entered: 09/30/2014)
2014-10-22	20	MOTION for Extension of Time to File Response/Reply by FEDERAL BUREAU OF INVESTIGATION (Jennings, Laura) (Entered: 10/22/2014)
2014-10-23		MINUTE ORDER granting 20 MOTION for Extension of Time to File Response/Reply ; and it is further ORDERED that Defendant shall have to, and including, Monday, October 27, 2014, to respond to Plaintiffs Complaint. Signed by Judge Christopher R. Cooper on 10/23/2014. (tcr) (Entered: 10/23/2014)
2014-10-27	21	MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Declaration, # 2 Statement of Facts, # 3 Text of Proposed Order)(Jennings, Laura) (Entered: 10/27/2014)
2014-10-28	22	NOTICE of Filing by FEDERAL BUREAU OF INVESTIGATION re 21 MOTION for Summary Judgment (Attachments: # 1 Declaration, # 2 Statement of Facts, # 3 Text of Proposed Order)(Jennings, Laura) (Entered: 10/28/2014)
2014-11-03	23	ERRATA by FEDERAL BUREAU OF INVESTIGATION 21 MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Motion for Summary Judgment)(Jennings, Laura) (Entered: 11/03/2014)
2014-11-04	24	Order advising plaintiff to respond by December 15, 2014, to defendant's motion for summary judgment or risk entry of judgment for the defendant on what will be treated as a conceded motion (see attached order for details). Signed by Judge Christopher R. Cooper on 11/4/14.(ah) (Entered: 11/04/2014)
2014-11-04		NOTICE: The Court's Order dated 11/4/2014 has been mailed by first class mail to Plaintiff: RICKY LYNN COLE, R31788-177, SAFFORD FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 9000 SAFFORD, AZ 85548 on 11/4/2014 (tcr) (Entered: 11/04/2014)
2014-12-15	25	Memorandum in opposition to re 21 MOTION for Summary Judgment filed by RICKY LYNN COLE. (td, ) (Entered: 12/18/2014)
2014-12-18	26	Exhibits by RICKY LYNN COLE re 25 Memorandum in Opposition (rdj) (Entered: 12/19/2014)
2014-12-22	27	MOTION for Extension of Time to Reply to Plaintiff's Opposition by FEDERAL BUREAU OF INVESTIGATION (Jennings, Laura) (Entered: 12/22/2014)
2014-12-31		MINUTE ORDER granting 27 MOTION for Extension of Time to Reply to Plaintiff's Opposition; and it is further ORDERED that Defendant shall have to, and including, Friday, January 23, 2015, to fileits reply.. Signed by Judge Christopher R. Cooper on 12/31/2014. (tcr) (Entered: 12/31/2014)
2015-01-12	28	RESPONSE re 27 MOTION for Extension of Time to Reply to Plaintiff's Opposition filed by RICKY LYNN COLE. (td, ) (Entered: 01/13/2015)
2015-01-23	29	REPLY to opposition to motion re 21 MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION. (Jennings, Laura) (Entered: 01/23/2015)
2015-02-27	30	NOTICE OF SUBSTITUTION OF COUNSEL by Rhonda Lisa Campbell on behalf of FEDERAL BUREAU OF INVESTIGATION Substituting for attorney Laura E. Jennings (Campbell, Rhonda) (Entered: 02/27/2015)
2015-07-31	31	MEMORANDUM AND OPINION granting 21 Motion for Summary Judgment. See attached memorandum for further details. Signed by Judge Christopher R. Cooper on 7/31/2015. (lccrc3, ) (Entered: 07/31/2015)
2015-07-31	32	ORDER granting 21 MOTION for Summary Judgment. Signed by Judge Christopher R. Cooper on 7/31/2015. (lccrc3, ) (Entered: 07/31/2015)
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