Case Detail

FOIA Project Annotation: Judge Amit Mehta has ruled that the FBI conducted an adequate search when it searched two databases for records concerning socialist writer Martin Droll, who committed suicide in May 2014. Austin Nolen sent a detailed request to the agency for any records pertaining to Droll. The agency did a keyword search of its Central Records System using its Universal Index application and also searched the indices of its Electronic Surveillance records system. Those searches turned up no records on Droll. After Nolen filed suit, the agency searched the two databases again, this time including Droll's alias, "Marty Rifles," which Nolen had identified for the first time in his complaint. Those searches also yielded no records. Nolen argued the agency's search was not adequate because it did not search for records on Droll's known associates and affiliated organizations, did not search the Electronic Case file, a separate index that can be used to conduct text-based searches of FBI records, and did not search certain field offices. Mehta found the agency had no obligation to search files of known associates or affiliated organizations. He noted that "reference to those organizations is found nowhere in the 'four corners of [Plaintiff's] request.' Plaintiff failed to ask forâ€"or even include mention ofâ€"information regarding these organizations in his FOIA request. Even though the FBI searched for Droll's alias, 'Marty Rifles,' which was identified for the first time in the Complaint, this additional search that the FBI voluntarily undertook does not compel the FBI, without more, to run searches as to every new piece of information contained in a complaint." Nolen identified Shane Madonna as an associate of Droll's and argued the agency should have searched for records on Madonna as well. But Mehta pointed out that "a cross-reference search of CRS for Droll (or variations of his name) would have revealed if Droll was referenced in any other FBI files, including a file on Madonna, if such a file existed. Because the FBI found no cross-references to Droll in other files, it was reasonable for the FBI to decline to search its files on Madonna in its attempts to find information on Droll." Mehta observed that once the FBI had conducted a reasonable search, it was up to the plaintiff to show why other files should have been searched as well. He indicated that "mere speculation that additional documents might be found in another database is not enough to render an agency's search inadequate." He added that "the fact that the subject's name is uncommon or that the search in questionâ€"according to Plaintiffâ€"would not be burdensome does not answer the controlling question, which is whether the ECF is reasonably likely to contain responsive documents." Dismissing Nolen's claim that the FBI should have searched field offices in Ohio and Pennsylvania, Mehta noted that "Plaintiff has offered no 'red flags' other than the fact of Droll's birth and deathâ€"which are not flags of any colorâ€"to support his assertion that records likely could be found in the FBI's field offices."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2014-09-19	1	COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-3844713) filed by AUSTIN NOLEN. (Attachments: # 1 Summons, # 2 Summons, # 3 Civil Cover Sheet)(Light, Jeffrey) (Entered: 09/19/2014)
2014-09-19		Case Assigned to Judge Amy Berman Jackson. (sth, ) (Entered: 09/19/2014)
2014-09-19	2	SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons)(sth, ) (Entered: 09/19/2014)
2014-10-08	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/7/2014. Answer due for ALL FEDERAL DEFENDANTS by 11/6/2014. (Light, Jeffrey) (Entered: 10/08/2014)
2014-10-08	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/7/2014. (Light, Jeffrey) (Entered: 10/08/2014)
2014-11-05	5	Consent MOTION for Extension of Time to Respond to Complaint by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 11/05/2014)
2014-11-05		MINUTE ORDER granting 5 Consent Motion for Extension of Time to File Response to Complaint. It is ORDERED that defendant's motion for summary judgment is due on or before December 22, 2014. It is FURTHER ORDERED that plaintiff's opposition, combined with a cross-motion for summary judgment, if necessary, will be due on or before January 21, 2015. It is FURTHER ORDERED that defendant's reply, combined with a cross-opposition, if necessary, will be due on or before February 20, 2015. And it is FURTHER ORDERED that plaintiff's cross-reply, if any, will be due on or before March 9, 2015. Signed by Judge Amy Berman Jackson on 11/5/2014. (lcabj3) (Entered: 11/05/2014)
2014-11-05		Set/Reset Deadlines: Defendant's Motion for Summary Judgment is due by 12/22/2014; Plaintiff's Opposition, combined with any Cross-Motion for Summary Judgment, will be due by 1/21/2015; Defendant's Reply, combined with any Cross-Opposition will be due by 2/20/2015; Plaintiff's Cross-Reply, if any, will be due by 3/9/2015. (jth) (Entered: 11/05/2014)
2014-12-17	6	Consent MOTION for Extension of Time to Respond to Complaint by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 12/17/2014)
2014-12-18		MINUTE ORDER granting 6 Motion for Extension of Time. It is ORDERED that defendant's motion for summary judgment is due on or before January 21, 2015. It is FURTHER ORDERED that plaintiff's opposition combined with a cross-motion for summary judgment, if necessary, is due on or before February 20, 2015. It is FURTHER ORDERED that defendant's reply combined with a cross-opposition, if necessary, is due on or before March 23, 2015. And it is FURTHER ORDERED that plaintiff's cross-reply, if any, is due on or before April 7, 2015. Signed by Judge Amy Berman Jackson on 12/18/2014. (lcabj3) (Entered: 12/18/2014)
2014-12-19		Set/Reset Deadlines: Defendant's Motion for Summary Judgment is due by 1/21/2015; Plaintiff's Opposition combined with any Cross-Motion for Summary Judgment is due by 2/20/2015; Defendant's Reply combined with any Cross-Opposition is due by 3/23/2015; Plaintiff's Cross-Reply, if any, is due by 4/7/2015. (jth) (Entered: 12/19/2014)
2014-12-24	7	Case randomly reassigned to Judge Amit P. Mehta. Judge Amy Berman Jackson no longer assigned to the case. (gt, ) (Entered: 12/24/2014)
2015-01-20	8	Consent MOTION for Extension of Time to Respond to Complaint by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 01/20/2015)
2015-01-28	9	MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration with exhibits)(Shoaibi, Alexander) (Entered: 01/28/2015)
2015-02-04		MINUTE ORDER granting, nunc pro tunc to January 20, 2015, 8 Consent Motion for Extension of Time to Respond to Complaint. Defendant's 9 Motion for Summary Judgment that was filed on January 28, 2015 shall be considered timely. It is further ordered that the Plaintiff's Opposition and Cross-Motion for Summary Judgment is to be filed on or before February 27, 2015; the Defendant's Reply and Opposition is to be filed on or before March 30, 2015; and the Plaintiff's Reply is to be filed on or before April 14, 2015. Signed by Judge Amit P. Mehta on 02/04/2015. (lcapm1) (Entered: 02/04/2015)
2015-02-04		Set/Reset Deadlines/Hearings: Response to Motion for Summary Judgment due by 2/27/2015. Reply to Motion for Summary Judgment due by 3/30/2015. Cross Motion due by 2/27/2015. Response to Cross Motion due by 3/30/2015. Reply to Cross Motion due by 4/14/2015. (cdw) (Entered: 02/05/2015)
2015-02-27	10	Consent MOTION for Extension of Time to File Cross-Motion for Summary Judgment , Consent MOTION for Extension of Time to File Response/Reply as to 9 MOTION for Summary Judgment by AUSTIN NOLEN (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 02/27/2015)
2015-03-02		MINUTE ORDER granting, nunc pro tunc to February 27, 2015, 10 Consent Motion for Extension of Time to File Opposition to Motion for Summary Judgment and Cross-Motion for Summary Judgment. It is further ordered that the Plaintiff shall file his Opposition to Motion for Summary Judgment and Cross-Motion for Summary Judgment on or before March 2, 2015. Signed by Judge Amit P. Mehta on 03/02/2015. (lcapm1) (Entered: 03/02/2015)
2015-03-02	11	Memorandum in opposition to re 9 MOTION for Summary Judgment filed by AUSTIN NOLEN. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Statement of Facts (Response), # 15 Declaration Jeffrey L. Light, # 16 Text of Proposed Order)(Light, Jeffrey) (Entered: 03/02/2015)
2015-03-02	12	Cross MOTION for Summary Judgment by AUSTIN NOLEN (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Declaration Jeffrey L. Light, # 15 Statement of Facts, # 16 Text of Proposed Order)(Light, Jeffrey) (Entered: 03/02/2015)
2015-03-30	13	REPLY to opposition to motion re 12 Cross MOTION for Summary Judgment , 9 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration)(Shoaibi, Alexander) (Entered: 03/30/2015)
2015-04-14	14	REPLY to opposition to motion re 12 Cross MOTION for Summary Judgment filed by AUSTIN NOLEN. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Light, Jeffrey) (Entered: 04/14/2015)
2015-11-19	15	MEMORANDUM OPINION re: 9 Defendant's Motion for Summary Judgment and 12 Plaintiff's Cross-Motion for Summary Judgment. Signed by Judge Amit P. Mehta on 11/19/2015. (lcapm1) (Entered: 11/19/2015)
2015-11-19	16	ORDER. The court grants 9 Defendant's Motion for Summary Judgment and denies 12 Plaintiff's Cross-Motion for Summary Judgment. See attached Order for further details. Signed by Judge Amit P. Mehta on 11/19/2015. (lcapm1) (Entered: 11/19/2015)
Hide Docket Events