Case Detail

FOIA Project Annotation: Judge Ketanji Brown Jackson has ruled that the Federal Housing Finance Agency, which oversees Fannie Mae, Freddie Mac, the Federal Home Loan Banks, and other components of the secondary mortgage market, does not exercise custody or control of Fannie Mae's records for purposes of FOIA disclosure. As a result, Jackson found FHFA had conducted an adequate search for records requested by Michael and Carmen Francis pertaining to their home mortgage in Indianapolis. FHFA searched its records and found nothing pertaining to the Francis' mortgage. It asked a vendor who controlled records collected during litigation to conduct a second search, which also came up empty. The Francises claimed the agency's search was inadequate because they had located responsive records on Fannie Mae's website and had learned of the existence of other responsive records through calls to Fannie Mae's Resource Center. After finding that FHFA's description of its search of its own records was sufficient, Jackson explained that the D.C. Circuit had already ruled in Judicial Watch v. FHFA, 646 F.3d 924 (D.C. Cir. 2011), that the agency did not have control of Fannie Mae's records for FOIA purposes. Jackson pointed out that "the facts of the instant case compel the same conclusion: there is no genuine dispute regarding whether FHFA personnel have ever read or relied on Fannie Mae's documents, nor have Fannie Mae's records been integrated into FHFA's files, as the sworn testimony of an FHFA official establishes."
Issues: Agency Record - Constructive possession

Date Filed	Doc #	Docket Text
2014-09-29	1	COMPLAINT against FEDERAL HOUSING FINANCE AUTHORITY ( Filing fee $ 400, receipt number 4616066110) filed by MICHAEL FRANCIS, CARMEN JAY FRANCIS. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 09/29/2014)
2014-09-29		SUMMONS (3) Issued as to FEDERAL HOUSING FINANCE AUTHORITY, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 09/29/2014)
2014-10-16	2	NOTICE of Appearance by Eric Joseph Young on behalf of FEDERAL HOUSING FINANCE AUTHORITY (Young, Eric) (Entered: 10/16/2014)
2014-10-23	3	GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives; failure to conform to this Order may, when appropriate, result in the imposition of sanctions. Signed by Judge Ketanji Brown Jackson on 10/23/2014. (lckbj1) (Entered: 10/23/2014)
2014-10-28	4	MOTION for CM/ECF Password by MICHAEL FRANCIS (jf, ) (Entered: 10/30/2014)
2014-10-28	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL HOUSING FINANCE AUTHORITY served on 10/7/2014, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/03/2014., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/6/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 11/5/2014.) (jf, ) (Entered: 10/30/2014)
2014-10-30		MINUTE ORDER: Plaintiff Michael Francis, who is proceeding pro se, has filed 4 a Motion for CM/ECF Password. The Court must DENY the motion without prejudice because Plaintiff has failed to follow two important Local Rules that apply to his motion. First, Local Rule 5.4 states that, in order to receive a password, "the pro se party must file a written motion entitled 'Motion for CM/ECF Password,' describing the party's access to the internet and confirming the capacity to file documents and receive the filings of other parties electronically on a regular basis, and certifying that he or she either has successfully completed the entire Clerks Office on-line tutorial or has been permitted to file electronically in other federal courts." In his motion, Plaintiff does provide any of this information. Before the Court will grant the motion, Plaintiff must provide a description, including information about where (home, work, library, etc.) he has internet access and how often (that is, how many hours per week) he has access. Plaintiff must also provide the necessary certification. Second, Local Rule 7(m) requires that any party that wants to file a non-dispositive motion (that is, a motion that does not decide the case) must first attempt to confer with the other party and find out whether the other party intends to oppose the motion. The moving party must then include in its motion a statement that the required discussion occurred or was attempted, and if known, a statement as to whether the motion is opposed. Plaintiff may refile his motion for a CM/ECF password including the additional information required by Local Rules 5.4 and 7(m) at any time. Signed by Judge Ketanji Brown Jackson on 10/30/2014. (lckbj1) (Entered: 10/30/2014)
2014-11-05	6	MOTION for Summary Judgment by FEDERAL HOUSING FINANCE AUTHORITY (Attachments: # 1 Statement of Facts, # 2 Declaration Declaration with Attachments, # 3 Text of Proposed Order)(Young, Eric) (Entered: 11/05/2014)
2014-11-10	7	ORDER advising plaintiffs to respond to 6 MOTION for Summary Judgment by 12/10/2014, or Court may deem matter as conceded. Signed by Judge Ketanji Brown Jackson on 11/10/2014. (lckbj1) (Entered: 11/10/2014)
2014-11-10	8	MOTION for CM/ECF Password by CARMEN JAY FRANCIS, MICHAEL FRANCIS (Attachments: # 1 Text of Proposed Order)(rdj) (Entered: 11/13/2014)
2014-12-03	9	MOTION for Extension of Time to File Response/Reply as to 6 MOTION for Summary Judgment by CARMEN JAY FRANCIS, MICHAEL FRANCIS (Attachments: # 1 Text of Proposed Order)(rdj) (Entered: 12/04/2014)
2014-12-04		MINUTE ORDER granting 8 Motion for CM/ECF Password. Signed by Judge Ketanji Brown Jackson on 12/4/2014. (lckbj1) (Entered: 12/04/2014)
2014-12-05		MINUTE ORDER granting, for good cause shown, 9 Consent Motion for Extension of Time to File Response re 6 MOTION for Summary Judgment. Plaintiffs' response to 6 is due by 1/9/2015. Signed by Judge Ketanji Brown Jackson on 12/5/2014. (lckbj1) (Entered: 12/05/2014)
2015-01-09	10	Memorandum in opposition to re 6 MOTION for Summary Judgment filed by CARMEN JAY FRANCIS, MICHAEL FRANCIS. (jf, ) (Entered: 01/12/2015)
2015-01-13	11	REPLY to opposition to motion re 6 MOTION for Summary Judgment filed by FEDERAL HOUSING FINANCE AUTHORITY. (Young, Eric) (Entered: 01/13/2015)
2015-02-09	12	NOTICE to Court by CARMEN JAY FRANCIS, MICHAEL FRANCIS (jf, ) (Entered: 02/10/2015)
2015-09-30	13	MEMORANDUM OPINION GRANTING Defendants 6 Motion for Summary Judgment. See attached document for details. Signed by Judge Ketanji Brown Jackson on 09/30/2015. (lckbj1) (Entered: 09/30/2015)
2015-09-30	14	ORDER GRANTING Defendant's 6 Motion for Summary Judgment and entering judgment in favor of Defendant. Signed by Judge Ketanji Brown Jackson on 09/30/2015. (lckbj1) (Entered: 09/30/2015)
2015-10-19	15	NOTICE OF SUBSTITUTION OF COUNSEL by Caitlin O'Leary Trujillo on behalf of All Defendants Substituting for attorney Eric Young (Trujillo, Caitlin) (Entered: 10/19/2015)
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