Case Detail

FOIA Project Annotation: Judge James Boasberg has ruled that Glomar responses issued by both EOUSA and the FBI in response to Adolfo Correa Coss' FOIA request for drug-transaction notebooks that were seized when Guillermo Casas, a confidential informant, was arrested are inappropriate. Coss was convicted of possession of cocaine with intent to deliver and deported to Mexico. He believed he had been wrongfully convicted based on the testimony of Casas. He learned that Casas had served as a confidential informant during his trial and that Casas himself had been arrested for cocaine distribution the subsequent year and that the existence of his drug-transaction notebook had been publicly revealed during his trial. Coss then made requests for Casas' drug-transaction notebook to both EOUSA and the FBI. But when Coss appealed EOUSA's Glomar response, the agency dropped that defense and agreed to search nine boxes of materials from Casas' trial if Coss would agree to pay the search costs. Coss did so, but the agency found no responsive records. Coss claimed EOUSA had misspelled the names when conducting the search, a claim Boasberg rejected. However, the FBI continued to assert its Glomar response, arguing as well that Coss had failed to exhaust administrative remedies by not appealing the Glomar denial. Coss had responded to the FBI's Glomar by asserting that there was a public interest in disclosure of the records. Boasberg observed that "as the FBI never responded therefore, it seems disingenuous for the Bureau to now adopt a failure-to-appeal position. In other words, Plaintiff followed the instructions of the July 30 letter, and even though his justification was rather scant, the Bureau would still have needed to reject it in order for Coss to know he should then pursue an appeal. Its radio silence left him in FOIA limbo." Rejecting the FBI's Glomar response, Boasberg noted that all Coss demands in this suit are the notebooks fin which Casas detailed his drug transactions. Their existence is not secret; indeed, it is printed for all to see in the pages of the federal reporter." Boasberg pointed out that "refusing to acknowledge whether or not the notebooks exist borders on foolishness." Boasberg, added a caveat, observing that "as a practical matter, however, Coss might be wise not to get his hopes up. EOUSA's failure to locate the notebooks in nine boxes relating to the conspiracy trial could well mean the FBI has no greater success. Yet, at the least, it will have to search for them."
Issues: Determination - Glomar response

FOIA Project Annotation: Judge James Boasberg has ruled that the FBI provided sufficient justification for its search for notebooks that were seized during the investigation of Guillermo Casas and which Adolfo Correa Coss, who was convicted of drug charges based on Casas' testimony, believed contained information that would exonerate him of the charges. Coss, a permanent U.S. resident, was convicted in 1991, served his sentence in the U.S., and then was deported to Mexico. While he had always believed he was wrongfully accused based on false claims made by a confidential source, Coss did not learn Casas' identity until later. He then made several FOIA requests to the FBI and EOUSA for Casas' notebooks. Boasberg previously found that EOUSA had justified its no records search, but that the FBI's explanation was insufficient. This time around, Boasberg found the FBI too had shown that its search, which also turned up no records, was sufficient. Coss seemed to accept that the FBI did not have the notebooks, but he argued the agency was obligated to provide a chain-of-custody document for the notebooks. Boasberg disagreed, noting that "prosecutors and court-evidence clerks are not employees of the FBI. Under FOIA, the Court only has 'jurisdiction to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant.' The Court cannot require the FBI to track down records or people outside its domain."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2014-07-31	1	COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-13503124) filed by Adolfo Correa Coss. (Attachments: # 1 Civil Cover Sheet)(Dougherty, Marlene) [Transferred from Texas Southern on 8/5/2014.] (Entered: 07/31/2014)
2014-07-31	2	Sealed Event, filed. [Transferred from Texas Southern on 8/5/2014.] (Entered: 07/31/2014)
2014-07-31	3	Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 Continuation, # 2 Continuation)(Dougherty, Marlene) [Transferred from Texas Southern on 8/5/2014.] (Entered: 07/31/2014)
2014-08-01		Summons Issued as to 1.) Eric H. Holder, Jr.; 2.) United States Department of Justice; 3.) U.S. Attorney. Issued summons returned to plaintiff by: In person, filed.(bcampos, 1) [Transferred from Texas Southern on 8/5/2014.] (Entered: 08/01/2014)
2014-08-01	4	ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 11/5/2014 at 02:30 PM in Courtroom 6 before Judge Andrew S. Hanen. (Signed by Magistrate Judge Ronald G. Morgan) Parties notified.(bcampos, 1) [Transferred from Texas Southern on 8/5/2014.] (Entered: 08/01/2014)
2014-08-01	5	CERTIFICATE OF INTERESTED PARTIES by Adolfo Correa Coss, filed.(Dougherty, Marlene) [Transferred from Texas Southern on 8/5/2014.] (Entered: 08/01/2014)
2014-08-01	6	ORDER TO TRANSFER CASE to District of Columbia (Signed by Judge Andrew S. Hanen) Parties notified.(dnoriega, 1) [Transferred from Texas Southern on 8/5/2014.] (Entered: 08/01/2014)
2014-08-01		Interdistrict transfer to District of Columbia. Case transferred electronically, filed. (dnoriega, 1) [Transferred from Texas Southern on 8/5/2014.] (Entered: 08/01/2014)
2014-08-05	7	Case transferred in from District of Texas Southern; Case Number 1:14-cv-00139. Original file certified copy of transfer order and docket sheet received. (Additional attachment(s) added on 8/5/2014: # 2 Civil Cover Sheet; # 3 Notice to Counsel/Party) (jf, ). (Entered: 08/05/2014)
2014-08-08	8	SEALED DOCUMENT re 2 Exhibit filed by ADOLFO CORREA COSS. (This document is SEALED and only available to authorized persons.)(ztd, ) (Entered: 08/19/2014)
2014-08-28	9	NOTICE of Appearance by Thomas K. Ragland on behalf of ADOLFO CORREA COSS (Ragland, Thomas) (Entered: 08/28/2014)
2014-08-28	10	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Marlene A. Dougherty, :Firm- Law Office of Marlene A. Dougherty, :Address- 314 E. 8th Street, Brownville, TX 78520. Phone No. - 956-542-7108. Fax No. - 956-542-7109 Filing fee $ 100, receipt number 0090-3821988. Fee Status: Fee Paid. by ADOLFO CORREA COSS (Attachments: # 1 Declaration Declaration in Support of Motion to Appear Pro Hac Vice, # 2 Exhibit Notice of Appearance of Pro Hac Vice Counsel, # 3 Text of Proposed Order Proposed Order on Motion for Admission Pro Hac Vice)(Ragland, Thomas) (Entered: 08/28/2014)
2014-08-28		MINUTE ORDER GRANTING 10 Motion for Admission Pro Hac Vice of MARLENE A. DOUGHERTY. Signed by Judge James E. Boasberg on 8/28/14. (lcjeb2) (Entered: 08/28/2014)
2014-08-29	11	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/06/2014. (Dougherty, Marlene) (Entered: 08/29/2014)
2014-08-29	12	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/4/2014. Answer due for ALL FEDERAL DEFENDANTS by 9/3/2014. (Dougherty, Marlene) (Entered: 08/29/2014)
2014-08-29	13	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 8/8/2014 (Dougherty, Marlene) (Entered: 08/29/2014)
2014-09-04	14	NOTICE of Appearance by Rhonda Lisa Campbell on behalf of All Defendants (Campbell, Rhonda) (Entered: 09/04/2014)
2014-09-05	15	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by ERIC H. HOLDER, JR, UNITED STATES DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 09/05/2014)
2014-09-05		MINUTE ORDER GRANTING 15 Motion for Extension of Time to Answer. The Court ORDERS that Defendants shall file an Answer or otherwise respond to the Complaint no later than October 5, 2014. Signed by Judge James E. Boasberg on 9/5/14. (lcjeb2) (Entered: 09/05/2014)
2014-09-05		Set/Reset Deadlines: Answer due by 10/5/2014 (tg, ) (Entered: 09/05/2014)
2014-09-22	16	AMENDED COMPLAINT against All Defendants filed by ADOLFO CORREA COSS.(Dougherty, Marlene) (Entered: 09/22/2014)
2014-09-22	17	First MOTION for Summary Judgment by ADOLFO CORREA COSS (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Text of Proposed Order, # 15 Memorandum in Support)(Dougherty, Marlene) (Entered: 09/22/2014)
2014-09-23	18	MOTION for Extension of Time to File Answer re 16 Amended Complaint, 17 First MOTION for Summary Judgment by ERIC H. HOLDER, JR, UNITED STATES DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 09/23/2014)
2014-09-23		MINUTE ORDER: If Plaintiff opposes Defendants' Motion for Extension, the Court ORDERS that he shall file such Opposition by September 25, 2014. Signed by Judge James E. Boasberg on 9/23/14. (lcjeb2) (Entered: 09/23/2014)
2014-09-24		Set/Reset Deadline: Plaintiff's opposition is due by 9/25/2014. (ad) (Entered: 09/24/2014)
2014-10-03	19	RESPONSE re 18 MOTION for Extension of Time to File Answer re 16 Amended Complaint, 17 First MOTION for Summary Judgment non-opposition filed by ADOLFO CORREA COSS. (Dougherty, Marlene) (Entered: 10/03/2014)
2014-10-06		MINUTE ORDER GRANTING 18 Motion for Extension of Time to Answer. The Court ORDERS that Defendants shall file an Answer or otherwise respond to the Amended Complaint no later than November 10, 2014. Signed by Judge James E. Boasberg on 10/6/14. (lcjeb2) (Entered: 10/06/2014)
2014-10-06		Set/Reset Deadline: Defendants shall file an Answer or otherwise respond to the Amended Complaint no later than 11/10/2014. (ad) (Entered: 10/06/2014)
2014-11-10	20	MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment by ERIC H. HOLDER, JR, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration EOUSA Declaration and Exhibits, # 4 Declaration USAO-NDILN Declaration, # 5 Declaration FBI Declaration and Exhibits, # 6 Declaration OIP Declaration)(Campbell, Rhonda) (Attachment 5 replaced on 1/27/2015) (td, ). (Entered: 11/10/2014)
2014-11-12		event (jf, ) (Entered: 11/12/2014)
2014-11-12	21	Memorandum in opposition to re 17 First MOTION for Summary Judgment filed by ERIC H. HOLDER, JR, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration FBI Hardy Declaration and Exhibits, # 4 Declaration EOUSA Jolly Declaration and Exhibits, # 5 Declaration EOUSA Getty Declaration, # 6 Declaration OIP Declaration)(Campbell, Rhonda) (Entered: 11/12/2014)
2014-11-12	22	ERRATA by ERIC H. HOLDER, JR, UNITED STATES DEPARTMENT OF JUSTICE 21 Memorandum in Opposition, filed by ERIC H. HOLDER, JR., UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration FBI Hardy Declaration and Exhibits)(Campbell, Rhonda) (Attachment 1 replaced on 11/12/2014 as blank) (ztnr, ) (Entered: 11/12/2014)
2014-11-24	23	REPLY to opposition to motion re 20 MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment filed by ADOLFO CORREA COSS. (Attachments: # 1 Text of Proposed Order)(Dougherty, Marlene) (Entered: 11/24/2014)
2014-12-03	24	Unopposed MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment by ERIC H. HOLDER, JR, UNITED STATES DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 12/03/2014)
2014-12-04		MINUTE ORDER GRANTING 24 Motion for Extension of Time. The Court ORDERS that Defendants shall file their Reply no later than December 23, 2014. Signed by Judge James E. Boasberg on 12/4/14. (lcjeb2) (Entered: 12/04/2014)
2014-12-04		Set/Reset Deadline: The Defendants shall file their Reply no later than 12/23/2014. (ad) (Entered: 12/04/2014)
2014-12-23	25	REPLY to opposition to motion re 20 MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment filed by ERIC H. HOLDER, JR, UNITED STATES DEPARTMENT OF JUSTICE. (Campbell, Rhonda) (Entered: 12/23/2014)
2015-04-15	26	ORDER: The Court ORDERS that: 1) Plaintiff's 17 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART; 2) Defendants' 20 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART; and 3) The parties shall file a Joint Status Report by May 15, 2015, indicating the results of the FBI's search and whether any further proceedings in this case are warranted. Signed by Judge James E. Boasberg on 4/15/15. (lcjeb2) (Entered: 04/15/2015)
2015-04-15	27	MEMORANDUM AND OPINION re 26 Order on Motion for Summary Judgment. Signed by Judge James E. Boasberg on 4/15/15. (lcjeb2) (Entered: 04/15/2015)
2015-04-15		Set/Reset Deadline: The parties shall file a Joint Status Report by 5/15/2015, indicating the results of the FBI's search and whether any further proceedings in this case are warranted. (ad) (Entered: 04/15/2015)
2015-05-13	28	First MOTION for Extension of Time to file Joint Report by ADOLFO CORREA COSS (Dougherty, Marlene) (Entered: 05/13/2015)
2015-05-14		MINUTE ORDER granting 28 Motion for Extension of Time. The Court ORDERS that the parties shall file a Joint Report no later than June 12, 2015. Signed by Judge James E. Boasberg on 5/14/15. (lcjeb2) (Entered: 05/14/2015)
2015-05-14		Set/Reset Deadline: The parties shall file a Joint Report no later than 6/12/2015. (ad) (Entered: 05/14/2015)
2015-06-11	29	Joint STATUS REPORT Joint by ERIC H. HOLDER, JR, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Second Supp. Decl. of David M. Hardy)(Campbell, Rhonda) Modified on 6/12/2015 (td). (Entered: 06/11/2015)
2015-06-15	30	REPLY re 29 Status Report Opposing Renewed MSJ filed by ADOLFO CORREA COSS. (Attachments: # 1 Certificate of Service)(Dougherty, Marlene) (Entered: 06/15/2015)
2015-06-15		MINUTE ORDER: The Court has received the parties' Joint Status Report and Plaintiff's pleading, which he has confusing docketed as a Reply to the Status Report, but which is actually entitled a Memorandum in Opposition to Defendant's Request for Summary Judgment. In any event, the Court believes that the FBI must submit a formal Motion for Summary Judgment, as opposed to merely relying on the Status Report. Similarly, Plaintiff cannot seek reconsideration of a separate ruling through his Opposition. The Court, accordingly, ORDERS that the FBI shall file its renewed Motion for Summary Judgment by July 1, 2015. Signed by Judge James E. Boasberg on 6/15/15. (lcjeb1) (Entered: 06/15/2015)
2015-06-16		Set/Reset Deadline: The FBI shall file its renewed Motion for Summary Judgment by 7/1/2015. (ad) (Entered: 06/16/2015)
2015-07-01	31	MOTION for Summary Judgment Renewed by ERIC H. HOLDER, JR, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Declaration David Hardy)(Campbell, Rhonda) (Entered: 07/01/2015)
2015-07-07	32	RESPONSE re 31 MOTION for Summary Judgment Renewed in Opposition filed by ADOLFO CORREA COSS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Dougherty, Marlene) (Entered: 07/07/2015)
2015-07-17	33	REPLY to opposition to motion re 31 MOTION for Summary Judgment Renewed filed by UNITED STATES DEPARTMENT OF JUSTICE. (Campbell, Rhonda) (Entered: 07/17/2015)
2015-09-28	34	ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that: 1) Defendants' Renewed 31 Motion for Summary Judgment is GRANTED; and 2) Judgment is ENTERED in favor of Defendants. Signed by Judge James E. Boasberg on 9/28/15. (lcjeb1) (Entered: 09/28/2015)
2015-09-28	35	MEMORANDUM OPINION re 34 Order granting Defendants' Renewed 31 Motion for Summary Judgment. Signed by Judge James E. Boasberg on 9/28/15. (lcjeb1) (Entered: 09/28/2015)
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