Case Detail

FOIA Project Annotation: A federal magistrate judge in Ohio has recommended that Millie Howard's FOIA suit against the Railroad Retirement Board be dismissed because she did not ask for records but for an explanation of whether she was eligible for a widow's annuity because her deceased husband received a supplemental retirement annuity. The magistrate judge noted that "the record shows that Plaintiff repeatedly requested written explanations, legal advice, and other abstract information from the agency seeking to determine whether her husband had received a supplemental retirement annuity and, if he did not, the reason why. . .[O]n numerous occasions, USRRB explained that Mr. Howard did not receive a supplemental annuity because he did not meet the statutory and regulatory requirements to satisfy the 'current connection' standard at the time of his retirement. Notably, 'FOIA does not require agencies to provide explanations or answers in response to an individual's request for information.'" Further, the magistrate judge pointed out, Howard's attorney requested the agency to confirm whether her husband was ever paid a supplemental annuity and the agency responded by writing that "it does not appear that USRRB ever paid Mr. Howard a supplemental annuity." The magistrate judge observed that "attached to that correspondence was a screenshot from USRRB's Field Service Inquiry System database identifying, among other things, the details of Mr. Howard's annuity. Under the column marked 'SUP' for supplemental annuity, no amount was shown as paid." The magistrate judge concluded that "in light of the foregoing, the undersigned finds that Plaintiff's request falls far outside the purview of FOIA, and therefore fails as a matter of law."
Issues: Withholding not related to exemption claims

Date Filed	Doc #	Docket Text
2013-09-17	1	COMPLAINT against Railroad Retirement Board, filed by Millie Howard. (Attachments: # 1 Exhibit A-B, # 2 Civil Cover Sheet, # 3 Filing Fee Receipt) (jlw) (Entered: 09/17/2013)
2013-09-18		Filing fee: $ 400.00, receipt number 100CIN019938 (lk) (Entered: 09/18/2013)
2013-09-19	2	CERTIFICATE of Clerk: Summons mailed along with complaint certified mail pursuant to rule 4.2. (Attachments: # 1 Filing Fee Receipt) (jlw) (Entered: 09/19/2013)
2013-09-19	3	Summons Issued as to Railroad Retirement Board, U.S. Attorney and U.S. Attorney General (jlw) (Entered: 09/19/2013)
2013-09-24	4	SUMMONS Returned Executed as to Defendant Railroad Retirement Board c/o US Attorney. Railroad Retirement Board served on 9/23/2013, answer due 11/22/2013. (jlw) Modified docket text on 9/26/2013 (eh1). (Entered: 09/24/2013)
2013-09-27	5	SUMMONS Returned Executed as to Defendant Railroad Retirement Board. (jlw) (Entered: 09/27/2013)
2013-10-02	6	SUMMONS Returned Executed as to Defendant Railroad Retirement Board. Green card returned signed for US Attorney General. (jlw) (Entered: 10/02/2013)
2013-10-16	7	MOTION for Extension of Time to File Answer New date requested 12/23/2013. by Defendant Railroad Retirement Board. (Horwitz, Matthew) Modified to terminate second part motion on 10/17/2013 (lk). (Entered: 10/16/2013)
2013-10-17		NOTATION ORDER granting 7 Motion for Extension of Time to Answer - Railroad Retirement Board answer due 12/23/2013. Signed by Magistrate Judge Stephanie K. Bowman on 10/17/2013. (km1) (Entered: 10/17/2013)
2013-10-21	8	RESPONSE IN OPPOSITION re 7 Motion for Extension of Time to Answer Move or Otherwise Plead to Plaintiff's Complaint by Plaintiff Millie Howard. (Attachments: # 1 Exhibits A-C) (lk) Modified Docket Text to Clarify on 10/22/2013 (km1). (Entered: 10/21/2013)
2013-10-22		Notice of Correction re: 8 MOTION to Deny Extension of Deadline to Move or Answer in Response to Plaintiff's Complaint. This should have been filed as a response in opposition. The motion for extension of time 7 was previously granted on 10/17/2013. (km1) (Entered: 10/22/2013)
2013-11-14	9	MOTION for Reconsideration re Order on Motion for Extension of Time to Answer by Plaintiff Millie Howard. (lk) (Entered: 11/14/2013)
2013-11-21	10	RESPONSE in Opposition re 9 MOTION for Reconsideration re Order on Motion for Extension of Time to Answer filed by Defendant Railroad Retirement Board. (Horwitz, Matthew) (Entered: 11/21/2013)
2013-11-25	11	Reply to Response to Motion re 9 MOTION for Reconsideration re Order on Motion for Extension of Time to Answer filed by Plaintiff Millie Howard. (lk1) Modified to correct docket text on 11/25/2013 (lk1). (Entered: 11/25/2013)
2013-12-23	12	ANSWER to 1 Complaint filed by Railroad Retirement Board. (Horwitz, Matthew) (Entered: 12/23/2013)
2013-12-23	13	MOTION for Summary Judgment by Defendant Railroad Retirement Board. Responses due by 1/16/2014 (Attachments: # 1 Exhibit A-Declaration, # 2 Exhibit 1-App. for Annuity, # 3 Exhibit 2-9.2.12.correspondence, # 4 Exhibit 3-12.13.12 correspondence, # 5 Exhibit 4-1.14.13 corespondence, # 6 Exhibit 5-1.16.13 correspondence, # 7 Exhibit 6-1.13.13.correspondence, # 8 Exhibit 7-2.25.13 correspondence, # 9 Exhibit 8-5.14.13 correspondence, # 10 Exhibit 9-6.8.13 correspondence) (Horwitz, Matthew) (Entered: 12/23/2013)
2013-12-27	14	RESPONSE in Opposition re 13 MOTION for Summary Judgment filed by Plaintiff Millie Howard. (lk) (Entered: 12/27/2013)
2013-12-30	15	ORDER denying 9 Motion for Reconsideration re Order on Motion for Extension of Time to Answer. Signed by Magistrate Judge Stephanie K. Bowman on 12/30/2013. (km1) (Entered: 12/30/2013)
2013-12-30	16	NOTICE of Addendum by Plaintiff Millie Howard re 14 Response in Opposition to Motion (lk) (Entered: 12/30/2013)
2014-01-02	17	[FORMER DOC. 17] ***PLEASE DISREGARD - FILED IN ERROR*** MOTION for Consideration of Correction of Court 15 Order filed December 30, 2013 by Plaintiff Millie Howard. (lk) Modified document security on 1/3/2014 (eh1). (Entered: 01/02/2014)
2014-01-02	18	MOTION or Consideration of Correction of Court 15 Order filed December 30, 2013 by Plaintiff Millie Howard. (eh1) (Entered: 01/03/2014)
2014-01-03		Notice of Correction: PLEASE DISREGARD former doc. 17 MOTION for Consideration of Correction - incomplete pdf attached. For complete filing, please see doc. 18 MOTION or Consideration of Correction. (eh1) (Entered: 01/03/2014)
2014-01-08	19	REPLY to Response to Motion re 13 MOTION for Summary Judgment filed by Defendant Railroad Retirement Board. (Horwitz, Matthew) (Entered: 01/08/2014)
2014-01-10	20	Supplemental Memorandum Opposing re 13 MOTION for Summary Judgment filed by Plaintiff Millie Howard. (lk) (Entered: 01/10/2014)
2014-01-22	21	Supplemental Memorandum Opposing re 13 MOTION for Summary Judgment filed by Plaintiff Millie Howard. (lk) (lk1). (Entered: 01/22/2014)
2014-01-27	22	Motion for Contempt by Plaintiff Millie Howard. (lk) (Entered: 01/27/2014)
2014-01-27	23	MOTION to Correct Errors in Pleadings by Plaintiff Millie Howard. (lk) (Entered: 01/27/2014)
2014-01-28		Notice of Correction re 21 Supplemental - Opposing: Document was missing pages. Document was removed and reattached with a corrected version. (lk1) (Entered: 01/28/2014)
2014-01-30	24	RESPONSE in Opposition re 23 MOTION to Correct Errors, 22 Motion for Contempt Defendant's Omnibus Memorandum in Opposition to Pending Motions and Motion to Strike filed by Defendant Railroad Retirement Board. (Horwitz, Matthew) (Entered: 01/30/2014)
2014-02-03	25	REPLY to Response to Motion re 23 MOTION to Correct Errors filed by Plaintiff Millie Howard. (lk) (lk). (Entered: 02/03/2014)
2014-02-04		Notice of Correction re 25 Reply to Response to Motion: Page 3 was missing. Document was rescanned and reattached. (lk) (Entered: 02/04/2014)
2014-02-20	26	MOTION for Leave to File Default Judgment by Plaintiff Millie Howard. (lk1) (Additional attachment(s) added on 2/20/2014: # 1 Entry of Default) (lk1). (Entered: 02/20/2014)
2014-02-20	27	MOTION for Default Judgment against all Defendants by Plaintiff Millie Howard. Responses due by 3/17/2014 (lk1) (Entered: 02/20/2014)
2014-02-20	28	RESPONSE in Opposition re 26 MOTION for Leave to File, 27 MOTION for Default Judgment against all Defendants filed by Defendant Railroad Retirement Board. (Horwitz, Matthew) (Entered: 02/20/2014)
2014-02-24	29	REPLY to Response to Motion re 27 MOTION for Default Judgment against all Defendants filed by Plaintiff Millie Howard. (lk) (Entered: 02/24/2014)
2014-03-13	30	MOTION/Order for Judgment or Trial by Jury by Plaintiff Millie Howard. (Attachments: # 1 Exhibit AA) (eh1) (Entered: 03/13/2014)
2014-03-18	31	RESPONSE in Opposition re 30 MOTION for Judgment as a Matter of Law filed by Defendant Railroad Retirement Board. (Horwitz, Matthew) (Entered: 03/18/2014)
2014-03-21	32	REPLY to Response to Motion re 30 MOTION for Judgment as a Matter of Law filed by Plaintiff Millie Howard. (lk) (Entered: 03/21/2014)
2014-04-08	33	Motion for Contempt by Plaintiff Millie Howard. (Attachments: # 1 Exhibits 1-6) (jlw) (Entered: 04/08/2014)
2014-04-09	34	RESPONSE in Opposition re 33 Motion for Contempt filed by Defendant Railroad Retirement Board. (Horwitz, Matthew) (Entered: 04/09/2014)
2014-04-14	35	REPLY to Response to Motion re 33 Motion for Contempt filed by Plaintiff Millie Howard. (jlw) (Entered: 04/14/2014)
2014-05-14	36	REPORT AND RECOMMENDATIONS re 13 Defendant's MOTION for Summary Judgment. It is RECOMMENDED that Defendant's Motion for Summary Judgment 13 be GRANTED, all pending motions be DENIED AS MOOT 18 22 23 26 27 30 33 and this case be TERMINATED on the active docket of the Court. Objections to R&R due by 6/2/2014. Signed by Magistrate Judge Stephanie K. Bowman on 5/14/2014. (km1) (Additional attachment(s) added on 5/14/2014: # 1 Certified Mail Receipt) (km1). (Entered: 05/14/2014)
2014-05-20	37	ACKNOWLEDGMENT OF SERVICE Executed as to 36 REPORT AND RECOMMENDATIONS re 13 MOTION for Summary Judgment filed by Railroad Retirement Board, 26 MOTION for Leave to File filed by Millie Howard, 33 Motion for Contempt filed by Millie Howard, 27 MOTION for Default Judgment. (jlw) (Entered: 05/20/2014)
2014-05-21	38	OBJECTION to 36 Report and Recommendations by Plaintiff Millie Howard. (jlw1) (Entered: 05/21/2014)
2014-06-05	39	Response re 38 Objection to Report and Recommendations by Defendant Railroad Retirement Board. (Horwitz, Matthew) (Entered: 06/05/2014)
2014-06-11	40	REPLY to Response to Motion re 36 REPORT AND RECOMMENDATIONS re 13 MOTION for Summary Judgment filed by Railroad Retirement Board, 26 MOTION for Leave to File filed by Millie Howard, 33 Motion for Contempt filed by Millie Howard, 27 MOTION for Default Judgm filed by Plaintiff Millie Howard. (jlw1) (Entered: 06/11/2014)
2014-06-20	41	OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS re 36 Report and Recommendation. The Court hereby GRANTS Defendant's Motion for Summary Judgment 13 and DISMISSES this matter from the docket. As such, the remaining motions on the docket are denied as MOOT 18 22 23 26 27 30 33 . This case is closed. Signed by Judge S Arthur Spiegel on 6/19/2014. (km1) (Additional attachment(s) added on 6/20/2014: # 1 Certified Mail Receipt) (km1). (Entered: 06/20/2014)
2014-06-20	42	JUDGMENT entered by Clerk affirming Court Order 41 . (km1) (Entered: 06/20/2014)
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