Case Detail

FOIA Project Annotation: A federal court in Maryland has ruled that Osborne Reave's FOIA suit is moot to the extent that he has already received a copy of his administrative complaint file stemming from an incident in which Reaves, a lieutenant with the U.S. Park Police, was ultimately reprimanded by the National Park Service. As part of an EEO complaint, Reaves made a FOIA request for his file. Reaves subsequently received a copy of his file from the acting commander of the Office of Professional Responsibility, but an accompanying email explained that "as an employee you are entitled to a copy of the file. This is NOT a release under FOIA or by your request. The FOIA request you filed will be handled under the normal process and regulations." Reaves did not receive a response to his FOIA request and filed suit. Relying on a recent decision in Taitz v. Colvin, 2013 WL 6623196 (D. Md, Dec. 13, 2013), where the court found the plaintiff's claim that the Social Security Administration failed to respond to her request was moot once the agency responded during the course of the litigation, the court here noted that "Defendant's production of documents also renders the complaint moot." But she explained that "Plaintiff now objects to the redactions [made in the administrative file] and believes he has not received the full record he requested." Because the agency had told the court that it would not take any further administrative action on Reaves' FOIA request, the court allowed Reaves to amend his complaint to include allegations that the agency had improperly withheld records.
Issues: Litigation - Jurisdiction - Standing

FOIA Project Annotation: A federal court in Maryland has declined to award Mark Reaves costs for his pro se suit against the Department of the Interior for records pertaining to his EEO complaint against the National Park Service as the result of a disciplinary action. After the agency failed to respond to his request, Reaves filed suit. The agency provided some records and redacted others. The agency then asked the court to declare the case was moot. The court agreed the complaint, which was based on the agency's failure to respond, was moot, but allowed Reaves to amend his complaint to challenge the redactions. Reaves then filed a motion that mentioned the redactions in passing and requested costs as well. The court found Reaves had not sufficiently challenged the redactions. While the court expressed doubts that Reaves had substantially prevailed, it concluded his litigation was motivated more from his personal interest in the records rather than any public interest in disclosure. The court observed that "it appears that at least some of the information sought pertained to his EEO complaint against Defendant. Although Defendant should have responded to the FOIA request within the time frame prescribed by statute and should not have delayed its response as to whether to comply with the FOIA request, the court declines to award costs in this instance."
Issues: Litigation - Recovery of Costs

Date Filed	Doc #	Docket Text
2014-07-14	1	[SEALED PER 16 ORDER ENTERED 11/26/14] COMPLAINT against Sally Jewell ( Filing fee $ 400 receipt number 84637023482.) filed by Osborne Mark Reaves. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Summonses, # 6 Civil Cover Sheet)(kns, Deputy Clerk) Modified on 12/1/2014 (kns, Deputy Clerk). (Entered: 07/15/2014)
2014-07-16	2	ORDER directing that the Clerk TAKE ALL NECESSARY STEPS to issue the summonses and to return them to the Plaintiff. Signed by Chief Judge Deborah K. Chasanow on 7/15/2014. (kns, Deputy Clerk)(c/m 7/16/14) (Entered: 07/16/2014)
2014-07-16	3	Summons Issued 60 days as to Sally Jewell, U.S. Attorney and U.S. Attorney General (kns, Deputy Clerk)(c/m 7/16/14) (Entered: 07/16/2014)
2014-08-04	4	MOTION for Extension of Time to File Answer by Sally Jewell Responses due by 8/21/2014 (Loucks, Allen) Modified relief type and text on 8/5/2014 (kns, Deputy Clerk). (Entered: 08/04/2014)
2014-08-04	6	SUMMONS Returned Executed by Osborne Mark Reaves. Sally Jewell served on 7/25/2014, answer due 9/23/2014. (Attachments: # 1 Green Certified Mail Receipts, # 2 Envelope)(kns, Deputy Clerk) (Entered: 08/06/2014)
2014-08-05	5	ORDER GRANTING 4 Motion for Extension of Time to Answer 1 Complaint, Sally Jewell answer due 9/19/2014. Signed by Chief Judge Deborah K. Chasanow on 8/5/2014. (kns, Deputy Clerk)(c/m 8/5/14) (Entered: 08/05/2014)
2014-08-22	7	MOTION for Redaction of Personal Contact Information re 1 Complaint by Osborne Mark Reaves; Responses due by 9/8/2014. (Attachments: # 1 Redacted Complaint, # 2 Redacted Exhibit 1, # 3 Redacted Exhibit 2, # 4 Redacted Exhibit 3, # 5 Redacted Exhibit 4, # 6 Redacted Summons, # 7 Redacted Envelope)(kns, Deputy Clerk) (Additional attachment(s) added on 8/25/2014: # 8 Fully Redacted Envelope, # 9 Unredacted Envelope) (kns, Deputy Clerk). (Entered: 08/25/2014)
2014-09-19	8	[SEALED PER 16 ORDER ENTERED 11/26/14 - REDACTED MOTION FILED - SEE 17 ] MOTION to Dismiss Or, In the Alternative, For Summary Judgment by Sally Jewell Responses due by 10/6/2014 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Marquardt, Sarah) Modified on 12/1/2014 (kns, Deputy Clerk). (Entered: 09/19/2014)
2014-09-19	9	Rule 12/56 letter mailed to Osbourne Mark Reeves. (kns, Deputy Clerk) Modified to include (c/m on 9/19/2014) (kns, Deputy Clerk). (Entered: 09/19/2014)
2014-10-01	11	CERTIFICATE OF SERVICE by Osborne Mark Reaves re 10 Response in Opposition to 8 MOTION to Dismiss Or, In the Alternative, For Summary Judgment and REQUEST to Stay (Attachments: # 1 Green Certified Mail Receipts)(kns, Deputy Clerk) (Entered: 10/16/2014)
2014-10-06	10	RESPONSE in Opposition to 8 MOTION to Dismiss Or, In the Alternative, For Summary Judgment and REQUEST to Stay filed by Osborne Mark Reaves. Replies due by 10/23/2014. (Attachments: # 1 Text of Proposed Order, # 2 Envelope)(kns, Deputy Clerk) (Entered: 10/07/2014)
2014-10-23	12	[SEALED PER 16 ORDER ENTERED 11/26/14 - REDACTED REPLY FILED - SEE 18 ] REPLY to 10 Response in Opposition to 8 Defendant's Motion to Dismiss, or in the alternative, For Summary Judgment filed by Sally Jewell. (Marquardt, Sarah) Modified title on 10/24/2014 (kns, Deputy Clerk). Modified on 12/1/2014 (kns, Deputy Clerk). (Entered: 10/23/2014)
2014-11-05	13	SURREPLY filed by Osborne Mark Reaves to 8 MOTION to Dismiss Or, In the Alternative, For Summary Judgment . (Attachments: # 1 Freedom of Information Appeal, # 2 Privacy Act-Access Appeal, # 3 Envelope) (kns, Deputy Clerk) (Entered: 11/07/2014)
2014-11-25	14	MOTION to Strike 13 Surreply by Sally Jewell Responses due by 12/12/2014 (Marquardt, Sarah) (Entered: 11/25/2014)
2014-11-26	15	MEMORANDUM OPINION (c/m to Plaintiff 11/26/14 sat). Signed by Judge Deborah K. Chasanow on 11/26/2014. (sat, Chambers) (Entered: 11/26/2014)
2014-11-26	16	ORDER GRANTING 7 motion to redact, DIRECTING Defendant to file a redacted version of its brief in support of the motion to dismiss and reply brief within 7 days of the date of this Order, GRANTING 8 motion to dismiss, DISMISSING Plaintiff's complaint, PROVIDING Plaintiff 21 days to file an amended complaint, and GRANTING 14 motion to strike (c/m to Plaintiff 11/26/14 sat). Signed by Judge Deborah K. Chasanow on 11/26/2014. (sat, Chambers) (Entered: 11/26/2014)
2014-12-01	17	MOTION to Dismiss (Redacted Copy) by Sally Jewell Responses due by 12/18/2014 (Marquardt, Sarah) (Entered: 12/01/2014)
2014-12-01	18	REPLY to Response to Motion re 8 MOTION to Dismiss Or, In the Alternative, For Summary Judgment (Redacted Copy) filed by Sally Jewell. (Marquardt, Sarah) (Entered: 12/01/2014)
2014-12-17	19	AMENDED COMPLAINT by Osborne Mark Reaves. Responses due by 1/5/2015 (Attachments: # 1 Statement of Facts)(rss, Deputy Clerk) Modified on 12/24/2014 to change title. (rss, Deputy Clerk). (Entered: 12/19/2014)
2014-12-23	20	MOTION for Extension of Time To Respond To 19 Plaintiffs Petition For Court Fees And Request To Review Propriety Of Redactions by Sally Jewell Responses due by 1/9/2015 (Marquardt, Sarah) Modified on 12/24/2014 to correct event type & add link. (rss, Deputy Clerk). (Entered: 12/23/2014)
2014-12-24	21	QC NOTICE: 20 Motion for Extension of Time filed by Sally Jewell was filed incorrectly. **The incorrect civil event was used. The correct event is "Motion for Extension of Time to File Response/Reply". When given the opportunity during the docketing process, link to the document whose deadline is to be extended. Your document has been accepted as filed. No corrective action is required in regard to this filing. (rss, Deputy Clerk) (Entered: 12/24/2014)
2014-12-24	22	ORDER DIRECTING the clerk to re-designate ECF No. 19 as Plaintiff's amended complaint, GRANTING 20 Defendant's motion for extension of time, and PROVIDING Defendant until January 14, 2015, to respond to Plaintiff's amended complaint (c/m to Plaintiff 12/24/14 sat). Signed by Judge Deborah K. Chasanow on 12/24/2014. (sat, Chambers) (Entered: 12/24/2014)
2015-01-14	23	MOTION to Dismiss for Failure to State a Claim or, in the alternative, for Summary Judgment by Sally Jewell Responses due by 2/2/2015 (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Marquardt, Sarah) (Entered: 01/14/2015)
2015-01-14	24	Rule 12/56 letter mailed to Osborne Mark Reaves. (kns, Deputy Clerk)(c/m 1/14/15) (Entered: 01/14/2015)
2015-04-03	25	MEMORANDUM OPINION (c/m to Plaintiff 4/3/15 sat). Signed by Judge Deborah K. Chasanow on 4/3/2015. (sat, Chambers) (Entered: 04/03/2015)
2015-04-03	26	ORDER GRANTING 23 motion to dismiss or for summary judgment, DISMISSING Plaintiff's amended complaint, and DIRECTING the Clerk to CLOSE this case (c/m to Plaintiff 4/3/15 sat). Signed by Judge Deborah K. Chasanow on 4/3/2015. (sat, Chambers) (Entered: 04/03/2015)
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