Case Detail

FOIA Project Annotation: Judge Ellen Segal Huvelle has ruled that EOUSA has not yet explained why it released only certain still shots from a video related to Henry Richardson's conviction for murder. Richardson requested records concerning his conviction in the Eastern District of Virginia. EOUSA located 1240 responsive pages, released 22 pages in full and one page in part, and withheld the 1217 remaining pages under Exemption 5 (privileges) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Huvelle found the agency had properly withheld the majority of the records because they constituted attorney work-product. She also found the remaining records containing third-party information were likely protected, but since the agency had not shown that it considered their segregability, she sent them back to EOUSA for further explanation. Richardson complained that EOUSA had released several still photos taken from a surveillance video, but had not explained why there were no other photos. Huvelle agreed that the agency had not sufficiently justified its search for the photos. She noted that "there is uncontroverted evidence that defendant released only a partial set of pictures from the videotape. Defendant perhaps has an explanation for why it did not locate or release a complete set of pictures, but no such explanation has been provided to the Court." She added that "although the adequacy of an agency's search is not generally judged by its results, the unexplained absence of responsive documents whose existence the agency does not deny goes beyond mere speculation and calls the reasonableness of the agency's search into question."
Issues: Exemption 5 - Privileges - Attorney work-product privilege, Adequacy - Search

FOIA Project Annotation: Judge Ellen Segal Huvelle has ruled that EOUSA has now shown that it conducted an adequate search for a surveillance tape of a specified date requested by Henry Richardson as well as explained why it could not provide any non-exempt information from two documents it had previously withheld entirely from Richardson. Richardson had asked for still photos taken from a February 14, 2006 surveillance tape. In her earlier decision, Huvelle had found that because EOUSA admitted it had disclosed some still photos, it had not adequately explained why it could not locate other photos. In conducting a further search, the agency located another 80 pages of records containing photos that it disclosed to Richardson. It also found several DVDs containing surveillance tapes but found that none of them contained surveillance of the date requested by Richardson. Huvelle noted that "now, however, defendant has provided the explanation that was previously lacking, explaining that the still photos that EOUSA found and released were not from the surveillance tape. Thus, there is no obvious 'gap' in the records that were located and produced. . .[T]he EOUSA has conducted a second search of plaintiff's file for 'anything related to a surveillance video.' That search located 4 DVDs, which defendant established do not contain the February 14, 2006 surveillance videotape sought by plaintiff." Huvelle found that the agency had also provided a much more detailed explanation of the contents of the two records withheld entirely. She noted that "having reviewed these descriptions and the supplemental declaration, the Court is satisfied that there is no reasonably segregable non-exempt information in these documents that the EOUSA should have released."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2013-08-05	1	COMPLAINT against UNITED STATES OF AMERICA (Filing fee $ 0) filed by HENRY PAUL RICHARDSON. (Attachments: # 1 Civil Cover Sheet)(zrj, ) (Entered: 08/09/2013)
2013-08-05	2	NOTICE OF RELATED CASE by HENRY PAUL RICHARDSON. Case related to Case No. 13-1202. (zrj, ) (Entered: 08/09/2013)
2013-08-05	3	MOTION for Leave to Proceed in forma pauperis by HENRY PAUL RICHARDSON. (zrj, ) (Entered: 08/09/2013)
2013-08-05	4	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by HENRY PAUL RICHARDSON. (zrj, ) (Entered: 08/09/2013)
2013-08-05	5	ORDER directing an initial partial filing fee in the amount of $56.63 from Prison Account of HENRY P. RICHARDSON; further ordered, granting 3 Motion for Leave to Proceed in forma pauperis. Signed by Judge Thomas F. Hogan on 07/29/2013. (zrj, ) (Entered: 08/09/2013)
2013-08-05		Summons Issued (2) as to UNITED STATES OF AMERICA. (zrj, ) (Entered: 08/09/2013)
2013-08-26	6	Mail Returned as undeliverable. Sent to Henry P. Richardson #39868-083, USP Hazelton, P.O. Box 2000, Bruceton Mills, WV, 26525; Type of Document Returned: 5 Order; Resent to same address, but included registration number. (zmm, ) (Entered: 08/30/2013)
2013-12-09		SUMMONS REISSUED (2) as to UNITED STATES OF AMERICA, U.S. Attorney and U.S. Attorney General (md, ) (Entered: 12/09/2013)
2013-12-12	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/11/2013. Answer due for ALL FEDERAL DEFENDANTS by 1/10/2014. (jf, ) (Entered: 12/17/2013)
2013-12-13	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/12/13. (td, ) (Entered: 12/16/2013)
2013-12-31	9	NOTICE of Appearance by Robert N. Englund on behalf of All Defendants (Englund, Robert) (Entered: 12/31/2013)
2013-12-31	10	MOTION for Extension of Time to Respond to Plaintiff's Complaint by UNITED STATES OF AMERICA (Englund, Robert) (Entered: 12/31/2013)
2014-01-01		MINUTE ORDER granting 10 Motion for Extension of Time: Upon consideration of the Motion for Enlargement of Time, for the reasons set forth therein, and based upon the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is FURTHER ORDERED that defendant shall have up to and including February 13, 2014, to file defendant's response to plaintiff's Complaint. Signed by Judge Ellen S. Huvelle on January 1, 2014. (AG) Modified on 1/1/2014 to correct signature date (AG). (Entered: 01/01/2014)
2014-01-02		Set/Reset Deadlines: Answer due by 2/13/2014. (zmm, ) (Entered: 01/02/2014)
2014-01-30	11	Letter to the Court from HENRY PAUL RICHARDSON "Let this be filed & note new address and forward docket NOS. 6,7,8,9 om 01202 & 7,8,9 & 10 in 13cv01203" by Judge Ellen S. Huvelle (rdj) (Entered: 01/31/2014)
2014-02-11	12	MOTION for Extension of Time to conduct a search, process potentially responsive documents, and respond to the Complaint by UNITED STATES OF AMERICA (Englund, Robert) (Entered: 02/11/2014)
2014-02-11		MINUTE ORDER granting 12 Motion for Extension of Time: Upon consideration of the Motion for Enlargement of Time, for the reasons set forth therein, and based upon the entire record herein, it is ORDERED that the motion should be and is hereby granted; and it is FURTHER ORDERED that defendant shall have up to and including March 14, 2014, to file defendant's response to plaintiff's Complaint. Signed by Judge Ellen S. Huvelle on February 11,2014. (AG) (Entered: 02/11/2014)
2014-02-11		Set/Reset Deadlines: Answer due by 3/14/2014. (zmm, ) (Entered: 02/11/2014)
2014-03-14	13	MOTION for Extension of Time to Allow Plaintiff an Opportunity to Respond to Fee Request Letter by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit Ex. 1)(Englund, Robert) (Entered: 03/14/2014)
2014-03-14		MIKNUTE ORDER granting 13 Motion for Extension of Time: Upon consideration of the Motion for Enlargement of Time, for the reasons set forth therein, and based upon the entire record herein, it is hereby ORDERED that the motion should be and is hereby granted; and it is FURTHER ORDERED that defendant shall have up to and including May 14, 2014, to submit a status report or file defendant's response to plaintiff's Complaint. Signed by Judge Ellen S. Huvelle on March 14, 2014. (AG) (Entered: 03/14/2014)
2014-03-14	14	MOTION for Default Judgment by HENRY PAUL RICHARDSON (jf, ) (Entered: 03/18/2014)
2014-03-18		Set/Reset Deadlines: Defendant's Status Report or Response to Complaint due by 5/14/2014. (zmm, ) (Entered: 03/18/2014)
2014-03-19		MINUTE ORDER denying 14 plaintiff's Motion for Default Judgment: Pursuant to the Court's March 14, 2014 Minute Order, the defendant's deadline for filing either a response to plaintiff's Complaint or a status report is extended to May 14, 2014. Plaintiff's Motion for Default Judgment in Support of Plaintiff's Complaint 14 is therefore DENIED. Signed by Judge Ellen S. Huvelle on March 19, 2013. (AG) (Entered: 03/19/2014)
2014-03-20		Set/Reset Deadlines: Response to Complaint or Status Report due by 5/14/2014. (zmm, ) (Entered: 03/20/2014)
2014-04-08	15	MOTION for Waiver of Fee by HENRY PAUL RICHARDSON (jf, ) (Entered: 04/09/2014)
2014-04-25	16	MOTION for Extension of Time to allow EOUSA to adjudicate fee waiver by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit Docket entries)(Anderson, Rafique) (Entered: 04/25/2014)
2014-04-28		MINUTE ORDER granting 16 Motion for Extension of Time: Upon consideration of defendant's Motion for Enlargement of Time, for the reasons set forth therein, and based upon the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is FURTHER ORDERED that defendant shall have up to and including May 14, 2014, to adjudicate Plaintiff's Motion for a Fee Waiver and provide a status update. Signed by Judge Ellen S. Huvelle on April 28, 2014. (AG) (Entered: 04/28/2014)
2014-05-13	17	Second MOTION for Extension of Time to File Response/Reply by UNITED STATES OF AMERICA (Anderson, Rafique) (Entered: 05/13/2014)
2014-05-14		MINUTE ORDER finding as moot 15 plaintiff's Motion for Waiver of fees; granting 17 defendant's Motion for Extension of Time to File Answer: Upon consideration of defendant's Motion for Extension of Time, the grounds stated therein, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendant shall have up to and including June 14, 2014, to respond to Richardson's civil action; and it is further ORDERED that plaintiff's motion for a fee waiver is moot. Signed by Judge Ellen S. Huvelle on May 14, 2014. (AG) (Entered: 05/14/2014)
2014-05-14		Set/Reset Deadlines: Answer due by 6/14/2014. (zmm, ) (Entered: 05/14/2014)
2014-05-19	18	SUPPLEMENTAL MEMORANDUM to re 15 MOTION for Waiver filed by HENRY PAUL RICHARDSON. (jf, ) (Entered: 05/21/2014)
2014-06-17	19	MOTION for Extension of Time to File Response/Reply by UNITED STATES OF AMERICA (Anderson, Rafique) (Entered: 06/17/2014)
2014-07-03		MINUTE ORDER granting 19 Motion for Extension of Time: Upon consideration of defendants' Motion for Extension of Time, the grounds stated therein, any opposition thereto, and reply in support thereof, and the entire record therein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendants shall have up to and including July 17, 2014, to respond to Plaintiffs civil action. Signed by Judge Ellen S. Huvelle on July 3, 2014. (AG, ) (Entered: 07/03/2014)
2014-07-07		Set/Reset Deadlines: Answer due by 7/17/2014. (zmm, ) (Entered: 07/07/2014)
2014-07-17	20	ENTERED IN ERROR.....MOTION for Summary Judgment by UNITED STATES OF AMERICA (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration, # 4 Declaration, # 5 Declaration Vaughn Index)(Anderson, Rafique) Modified on 7/22/2014 (zjf, ). (Entered: 07/17/2014)
2014-07-17	21	MOTION for Summary Judgment by UNITED STATES OF AMERICA (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration, # 4 Declaration, # 5 Declaration)(Anderson, Rafique) (Entered: 07/17/2014)
2014-07-22	22	Order advising plaintiff to respond re 20 MOTION for Summary Judgment filed by UNITED STATES OF AMERICA or Court may deem matter as conceded. Plaintiff's response is due by 8/18/2014. Signed by Judge Ellen S. Huvelle on July 22, 2014. (AG, ) (Entered: 07/22/2014)
2014-07-22		NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 20 MOTION for Summary Judgment was entered in error and refiled by counsel. (See Docket Entry 21 to view document). (jf) (Entered: 07/22/2014)
2014-08-01		Set/Reset Deadlines as to 21 MOTION for Summary Judgment . Responses due by 8/18/2014 (AG, ) (Entered: 08/01/2014)
2014-08-08	23	MOTION to Clarify, MOTION to Stay re 22 Fox/Neal Order, by HENRY PAUL RICHARDSON (jf, ) (Entered: 08/11/2014)
2014-08-11		MINUTE ORDER granting 23 plaintiff's Motion to Clarify and to Stay deadline for filing response to defendant's motion for summary judgment: Plaintiff has filed a motions seeking additional time to respond to defendant's motion for summary judgment on the ground that he has not received a copy of that motion. A review of the docket indicates that defendant served plaintiff with a copy of its motion at an address that is no longer correct. Accordingly, upon consideration of plaintiff's motion, and the entire record herein, it is hereby ORDERED that defendant shall serve a copy of its motion for summary judgment on plaintiff at the address listed on the docket for this case and reflected in plaintiff's most recent filing; it is further ORDERED that plaintiff shall have until September 22, 2014, to file his response to defendant's motion for summary judgment. Signed by Judge Ellen S. Huvelle on August 11, 2014. (AG, ) (Entered: 08/11/2014)
2014-08-12		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 9/22/2014. (zmm, ) (Entered: 08/12/2014)
2014-09-04	24	MOTION to Compel, MOTION to Stay by HENRY PAUL RICHARDSON (jf, ) (Entered: 09/08/2014)
2014-09-19	25	MOTION to Compel Government to comply with Court Order, MOTION to Sanction Government for failure to comply with Court Order by HENRY PAUL RICHARDSON (td, ) (Entered: 09/23/2014)
2014-09-24		MINUTE ORDER: Notwithstanding the Court's August 11, 2014 minute order directing defendant to serve a copy of its summary judgment motion on plaintiff at his current address of record, plaintiff represents that he has yet to receive a copy of the motion. Accordingly, the Court will send defendant a copy of the motion via first-class mail and extend until October 22, 2014, the time for him to file his opposition or other response thereto. Plaintiff's motions to compel and motion for sanctions [ECF Nos. 24 & 25 ] are denied. Signed by Judge Ellen S. Huvelle on September 24, 2014. (AG) (Entered: 09/24/2014)
2014-09-25		Set/Reset Deadlines: Response to summary judgment motion due by 10/22/2014. (zmm, ) (Entered: 09/25/2014)
2014-09-26		NOTICE OF CORRECTED DOCKET ENTRY: Text of 9/24/2014 Minute Order corrrected at the direction of chambers to clarify that the Plaintiff's motions to compel and motion for sanctions [ECF Nos. 24 & 25 ] are denied. The ruling was inadvertently left out of the original text.(zmm, ) (Entered: 09/26/2014)
2014-09-29	26	MOTION to Continue by HENRY PAUL RICHARDSON (jf, ) (Entered: 09/30/2014)
2014-09-29	27	MOTION for Discovery by HENRY PAUL RICHARDSON (Attachments: # 1 Exhibit)(jf, ) (Entered: 09/30/2014)
2014-10-06	28	MOTION to Amend/Correct 1 Complaint by HENRY PAUL RICHARDSON (jf, ) (Entered: 10/07/2014)
2014-10-23	29	Memorandum in opposition to re 21 MOTION for Summary Judgment filed by HENRY PAUL RICHARDSON. (Attachments: # 1 Exhibit (various pages are illegible))(jf, ) (Entered: 10/23/2014)
2015-02-19	30	MEMORANDUM OPINION re 21 defendant's motion for summary judgment, 26 plaintiff's motion for a continuance, 27 plaintiff's motion for discovery, and 28 plaintiff's motion to amend the complaint. Signed by Judge Ellen S. Huvelle on February 19, 2015. (AG) (Entered: 02/19/2015)
2015-02-19	31	ORDER denying 26 plaintiff's Motion to Continue; denying 27 plaintiff's Motion for Discovery; denying 28 plaintiff's Motion to Amend/Correct; granting in part and denying in part 21 defendant's Motion for Summary Judgment for the reasons stated in the accompanying Memorandum Opinion (ECF No. 30 ). Defendant's renewed motion for summary judgment due by March 6, 2015; plaintiff's response thereto due by 4/3/2015; defendant's reply due by 4/17/2015. See order for details. Signed by Judge Ellen S. Huvelle on February 19, 2015. (AG) (Entered: 02/19/2015)
2015-02-20		Set/Reset Deadlines: Summary Judgment motion due by 3/6/2015. Response to Motion for Summary Judgment due by 4/3/2015. Reply to Motion for Summary Judgment due by 4/17/2015. (zmm, ) (Entered: 02/20/2015)
2015-03-06	32	MOTION for Summary Judgment by UNITED STATES OF AMERICA (Attachments: # 1 Statement of Facts STATEMENT OF FACTS, # 2 Memorandum in Support MEMORANDUM IN SUPPORT, # 3 Exhibit DAVID LUCZYNSKI DECLARATION, # 4 Exhibit SUPPLEMENTAL DECLARATION OF DAVID LUCZYNSKI, # 5 Exhibit UPDATED VAUGHN INDEX, # 6 Exhibit 2ND DECLARATION OF DAVID LUCZYNSKI)(Anderson, Rafique). Added MOTION to Dismiss on 3/9/2015 (znmw, ). (Entered: 03/06/2015)
2015-03-10	33	ERRATA by UNITED STATES OF AMERICA 32 MOTION for Summary Judgment MOTION to Dismiss filed by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit MOTION TO DISMISS OR IN THE ALTHERNATIVE FOR SUMMARY JUDGMENT)(Anderson, Rafique) (Entered: 03/10/2015)
2015-03-10	34	Order advising plaintiff to respond or Court may deem matter as conceded re 32 MOTION to Dismiss or for Summary Judgment filed by UNITED STATES OF AMERICA. Plaintiff's response is due by 4/3/2015. Signed by Judge Ellen S. Huvelle on March 10, 2015. (AG, ) (Entered: 03/10/2015)
2015-03-10		Set/Reset Deadlines as to 32 MOTION for Summary Judgment MOTION to Dismiss. Response due by 4/3/2015. (zmm, ) (Entered: 03/10/2015)
2015-03-26	35	MOTION for Extension of Time to File Response as to 32 MOTION for Summary Judgment MOTION to Dismiss by HENRY PAUL RICHARDSON (jf, ) (Entered: 03/26/2015)
2015-03-30	36	MOTION for Extension of Time to File Response as to 32 MOTION for Summary Judgment MOTION to Dismiss by HENRY PAUL RICHARDSON (jf, ) (Entered: 03/31/2015)
2015-03-31		MINUTE ORDER granting 35 plaintiff's Motion for Extension of Time to File Response re 32 defendant's MOTION to Dismiss or for Summary Judgment: Upon consideration of plaintiff's motion, defendant's representation to the Court that it does not oppose the motion, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that plaintiff's response is due by 5/4/2015. Signed by Judge Ellen S. Huvelle on March 31, 2015. (AG) (Entered: 03/31/2015)
2015-04-01		Set/Reset Deadlines as to 32 MOTION for Summary Judgment MOTION to Dismiss. Response due by 5/4/2015. (zmm, ) (Entered: 04/01/2015)
2015-04-17	37	MOTION to Continue/Stay Proceedings by HENRY PAUL RICHARDSON (jf, ) (Entered: 04/20/2015)
2015-04-20	38	ORDER granting 37 plaintiff's Motion to Continue. Plaintiff's response to 32 defendant's motion for summary judgment is due by June 15, 2015. Docket to be updated to reflect plaintiff's new address. Defendant to reserve plaintiff at new address. Copy of order to be served on plaintiff at new address. See order for details. Signed by Judge Ellen S. Huvelle on April 20, 2015. (AG, ) (Entered: 04/20/2015)
2015-04-21	39	NOTICE OF SUBSTITUTION OF COUNSEL by Jesse Dyer Stewart on behalf of UNITED STATES OF AMERICA Substituting for attorney Rafique Anderson (Stewart, Jesse) (Entered: 04/21/2015)
2015-04-23	40	NOTICE of Compliance with Court Order by UNITED STATES OF AMERICA re 38 Order on Motion to Continue, (Stewart, Jesse) (Entered: 04/23/2015)
2015-06-05	41	Memorandum in opposition to re 32 MOTION for Summary Judgment MOTION to Dismiss filed by HENRY PAUL RICHARDSON. (Attachments: # 1 Exhibit)(jf) (Entered: 06/08/2015)
2015-06-15	42	MOTION for Extension of Time to File Response/Reply as to 32 MOTION for Summary Judgment MOTION to Dismiss by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(Stewart, Jesse) (Entered: 06/15/2015)
2015-06-15		MINUTE ORDER granting 42 Motion for Extension of Time to File Reply re 32 MOTION to Dismiss or for Summary Judgment: Upon consideration of Defendant's Motion to Extend Time to Reply to Plaintiff's Opposition to Defendant's Renewed Motion to Dismiss or in the Alternative for Summary Judgment, and for good cause shown, it is hereby ORDERED that Defendant's Motion is GRANTED; and it is further ORDERED that Defendant will have through June 29, 2015, to Reply to Plaintiffs Opposition. Signed by Judge Ellen S. Huvelle on June 15, 2015. (AG) (Entered: 06/15/2015)
2015-06-15		Set/Reset Deadlines/Hearings: Defendant's reply to 32 due by 6/29/2015. (cdw) (Entered: 06/16/2015)
2015-06-29	43	REPLY to opposition to motion re 32 MOTION for Summary Judgment MOTION to Dismiss filed by UNITED STATES OF AMERICA. (Attachments: # 1 Declaration of Mr. David Luczynski and Exhibits A-C, # 2 Exhibit D)(Stewart, Jesse) (Entered: 06/29/2015)
2015-08-04	44	MEMORANDUM AND OPINION re 32 defendant's renewed motion for summary judgment. Signed by Judge Ellen S. Huvelle on August 4, 2015. (AG) (Entered: 08/04/2015)
2015-08-04	45	ORDER granting 32 defendant's Motion for Summary Judgment for the reasons stated in the accompanying Memorandum Opinion and denying 32 Motion to Dismiss. Signed by Judge Ellen S. Huvelle on August 4, 2015. (AG) (Entered: 08/04/2015)
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