Case Detail

FOIA Project Annotation: Judge Emmet Sullivan has ruled that the DEA properly withheld portions of records concerning the investigation and arrest of Dracy McKneely on drug charges under several subparts of Exemption 7 (law enforcement records). McKneely argued that most of the records did not qualify as law enforcement records because they were tangential to the agency's law enforcement activities. But Sullivan noted that "what plaintiff fails to grasp is that the threshold law enforcement purpose is satisfied irrespective of who was the target of the investigation if, as here, the responsive information is contained in records that were compiled for that purpose." Finding that the agency had conducted an adequate segregability analysis, Sullivan indicated that "the records withheld in their entirety consist mostly of forms, wherein any nonexempt information is so intertwined with the exempt information as to render the release of any nonexempt portions meaningless."
Issues: Exemption 7 - Law enforcement records, Litigation - Segregability analysis

Date Filed	Doc #	Docket Text
2013-07-17	1	COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE (Filing fee $ 0.00) filed by DRACY MCKNEELY. (Attachments: # 1 Civil Cover Sheet)(zrc,) (Entered: 07/18/2013)
2013-07-17		SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General. (zrc,) (Entered: 07/18/2013)
2013-07-17	2	MOTION for Leave to Proceed in forma pauperis by DRACY MCKNEELY. (zrc,) (Entered: 07/18/2013)
2013-07-17	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by DRACY MCKNEELY. (zrc,) (Entered: 07/18/2013)
2013-07-17	4	ORDER directing an initial partial filing fee payment in the amount of $34.43 from Prison Account of DRACY MCKNEELY to the Clerk of the United States District Court for the District of Columbia, further ordered, granting 2 MOTION for Leave to Proceed in forma pauperis. Signed by Judge James E. Boasberg on 07/10/2013. (zrc,) (Entered: 07/18/2013)
2013-07-19		NOTICE: Order entered 7/18/13 was mailed to DRACY MCKNEELY at the address of Court Record. (clv, ) (Entered: 07/19/2013)
2013-08-02	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/31/2013. (rdj) (Entered: 08/05/2013)
2013-08-30	6	MOTION to Dismiss or, in the Alternative , MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Spittell, John) (Entered: 08/30/2013)
2013-09-03	7	Order advising plaintiff to respond by October 10, 2013, to defendant's dispositive motion or risk summary dismissal of the case or entry of judgment for the defendant on what will be treated as a conceded motion (see attached order for details). Signed by Judge Emmet G. Sullivan on 9/3/13.(ah) (Entered: 09/03/2013)
2013-09-03		Set/Reset Deadlines: Plaintiff response due by 10/10/2013. (mac) (Entered: 09/03/2013)
2013-09-03		NOTICE: Order 7 mailed to DRACY MCKNEELY at court's address of record. (mac) (Entered: 09/03/2013)
2013-10-09	8	MOTION to Amend/Correct 1 Complaint by DRACY MCKNEELY (jf, ) (Entered: 10/11/2013)
2013-11-01		MINUTE ORDER granting as unopposed 8 Plaintiff's Motion to Amend/Correct the Complaint. It is ORDERED that Defendant shall respond to the amended or supplemental complaint by November 22, 2013. SO ORDERED. Signed by Judge Emmet G. Sullivan on 11/1/13.(ah) (Entered: 11/01/2013)
2013-11-01	9	AMENDED COMPLAINT against UNITED STATES DRUG ENFORCEMENT ADMINISTRATION filed by DRACY MCKNEELY. (See Docket Entry 8 to view document)(jf, ) (Entered: 11/01/2013)
2013-11-04		Set/Reset Deadlines: Answer due by 11/22/2013. (mac) (Entered: 11/04/2013)
2013-11-04		NOTICE: Minute Order dated 11/1/13 mailed to DRACY MCKNEELY at court's address of record. (mac) (Entered: 11/04/2013)
2013-11-12	10	NOTICE OF SUBSTITUTION OF COUNSEL by Wenqiong Fu on behalf of All Defendants Substituting for attorney John H. Spittell (Attachments: # 1 Certificate of Service)(Fu, Wenqiong) (Entered: 11/12/2013)
2013-11-13	11	MOTION for Extension of Time to File Response/Reply to Amended Complaint by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DRUG ENFORCEMENT ADMINISTRATION (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(Fu, Wenqiong) (Entered: 11/13/2013)
2013-11-15		MINUTE ORDER granting 11 Defendant's Motion for an Extension of Time to December 23, 2013, to file a dispositive motion or proposed briefing schedule. SO ORDERED. Signed by Judge Emmet G. Sullivan on 11/15/13.(ah) (Entered: 11/15/2013)
2013-11-18		Set/Reset Deadlines: Defendant's Dispositive Motion due by 12/23/2013. (mac) (Entered: 11/18/2013)
2013-11-18		NOTICE: Minute Order dated 11/15/13 mailed to DRACY MCKNEELY at court's address of record. (mac) (Entered: 11/18/2013)
2013-12-17	12	MOTION for Extension of Time to File a Motion for Summary Judgment or Proposed Schedule of Further Proceedings by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DRUG ENFORCEMENT ADMINISTRATION (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(Fu, Wenqiong) (Entered: 12/17/2013)
2013-12-20		MINUTE ORDER granting 12 Defendant's Motion for an Extension of Time to January 23, 2014, to respond to the amended complaint. SO ORDERED. Signed by Judge Emmet G. Sullivan on 12/20/13.(ah) (Entered: 12/20/2013)
2013-12-23		Set/Reset Deadlines: Answer due by 1/23/2014. (mac) (Entered: 12/23/2013)
2014-01-23	13	ANSWER to 9 Amended Complaint by UNITED STATES DRUG ENFORCEMENT ADMINISTRATION. Related document: 9 Amended Complaint filed by DRACY MCKNEELY, 1 Complaint filed by DRACY MCKNEELY. (Attachments: # 1 Certificate of Service)(Fu, Wenqiong) (Entered: 01/23/2014)
2014-02-04	14	MOTION for Briefing Schedule by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DRUG ENFORCEMENT ADMINISTRATION (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Fu, Wenqiong) (Entered: 02/04/2014)
2014-02-10		MINUTE ORDER granting 14 Defendant's Motion for Briefing Schedule, and adopting the proposed schedule as follows: Defendant shall produce responsive documents to plaintiff by May 5, 2014; Defendant's Motion for Summary Judgment is due by June 5, 2014; Plaintiff's Opposition and any Cross Motion for Summary Judgment is due by August 5, 2014; Defendant's Reply and any Opposition is due by August 19, 2014; Plaintiff's Reply (if any) is due by September 2, 2014. The parties shall adhere to this schedule. SO ORDERED. Signed by Judge Emmet G. Sullivan on 2/10/14. (ah, ) (Entered: 02/10/2014)
2014-02-11		Set/Reset Deadlines: Defendant's Response due by 5/5/2014. Defendant's Summary Judgment motion due by 6/5/2014. Plaintiff's Response to Motion for Summary Judgment due by 8/5/2014. Defendant's Reply to Motion for Summary Judgment due by 8/19/2014. (mac) (Entered: 02/11/2014)
2014-02-11		NOTICE: Minute Order dated 02/10/14 mailed to DRACY MCKNEELY at court's address of record. (mac) (Entered: 02/11/2014)
2014-03-20	15	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/19/2013., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 7/19/2013 (jf, ) (Entered: 03/20/2014)
2014-03-28	16	NOTICE OF SUBSTITUTION OF COUNSEL by Dionne S. Shy on behalf of All Defendants Substituting for attorney Wenqiong Fu (Shy, Dionne) (Entered: 03/28/2014)
2014-06-03	17	MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DRUG ENFORCEMENT ADMINISTRATION (Shy, Dionne) (Entered: 06/03/2014)
2014-06-25	18	MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DRUG ENFORCEMENT ADMINISTRATION (Shy, Dionne) (Entered: 06/25/2014)
2014-08-11	19	MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DRUG ENFORCEMENT ADMINISTRATION (Shy, Dionne) (Entered: 08/11/2014)
2014-08-29	20	NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DRUG ENFORCEMENT ADMINISTRATION. Attorney Dionne S. Shy terminated. (Shy, Dionne) (Entered: 08/29/2014)
2014-09-02		MINUTE ORDER granting as unopposed 17 18 19 Defendant's Motions for Extensions of Time. Defendant shall file a motion for summary judgment by September 29, 2014. This order supersedes the previous briefing schedule, and plaintiff will be given a new response deadline after the filing of defendant's dispositive motion. SO ORDERED. Signed by Judge Emmet G. Sullivan on 9/2/14.(ah) (Entered: 09/02/2014)
2014-09-23	21	NOTICE of Appearance by Jodi T. George on behalf of All Defendants (George, Jodi) (Entered: 09/23/2014)
2014-09-26	22	MOTION for Extension of Time to file Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (George, Jodi) (Entered: 09/26/2014)
2014-10-01		MINUTE ORDER granting 22 Defendant's Motion for an Extension of Time to October 29, 2014, to file summary judgment motion. SO ORDERED. Signed by Judge Emmet G. Sullivan on 10/1/14.(ah) (Entered: 10/01/2014)
2014-10-01		Set/Reset Deadlines: Defendant Summary Judgment motion due by 10/29/2014. (mac) (Entered: 10/01/2014)
2014-10-01		NOTICE: Minute Order dated 10/1/14 mailed to DRACY MCKNEELY at court's address of record. (mac) (Entered: 10/01/2014)
2014-10-23	23	MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (George, Jodi) (Entered: 10/23/2014)
2014-11-04		MINUTE ORDER granting upon good cause shown 23 Defendant's Motion for an Extension of Time to November 19, 2014, to file summary judgment motion. SO ORDERED. Signed by Judge Emmet G. Sullivan on 11/4/14.(ah) (Entered: 11/04/2014)
2014-11-04		Set/Reset Deadlines: Summary Judgment motion due by 11/19/2014. (mac) (Entered: 11/04/2014)
2014-11-04		NOTICE: Minute Order dated 11/4/14 mailed to DRACY MCKNEELY at court's address of record. (mac) (Entered: 11/04/2014)
2014-11-18	24	MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (George, Jodi) (Entered: 11/18/2014)
2014-11-24		MINUTE ORDER granting nunc pro tunc 24 Defendant's Motion for Extension of Time to December 19, 2014, to file summary judgment motion. SO ORDERED. Signed by Judge Emmet G. Sullivan on 11/24/14.(ah) (Entered: 11/24/2014)
2014-11-25		Set/Reset Deadlines: Defendant Summary Judgment Motion due by 12/19/2014. (mac) (Entered: 11/25/2014)
2014-11-25		NOTICE: Minute Order dated 11/24/14 mailed to DRACY MCKNEELY at court's address of record. (mac) (Entered: 11/25/2014)
2014-12-16	25	ENTERED IN ERROR.....MOTION for Extension of Time to File Dispositive Motion by UNITED STATES DEPARTMENT OF JUSTICE (George, Jodi) Modified on 12/16/2014 (jf, ). (Entered: 12/16/2014)
2014-12-16	26	Amended MOTION for Extension of Time to File Dispositive Motion by UNITED STATES DEPARTMENT OF JUSTICE (George, Jodi) (Entered: 12/16/2014)
2014-12-18		MINUTE ORDER granting, upon good shown, 26 Defendant's Motion for an Extension of Time to January 7, 2015, to file summary judgment motion. SO ORDERED. Signed by Judge Emmet G. Sullivan on 12/18/14.(ah) (Entered: 12/18/2014)
2014-12-19		Set/Reset Deadlines: Defendant Summary Judgment motion due by 1/7/2015. (mac) (Entered: 12/19/2014)
2014-12-19		NOTICE: Minute Order dated 12/18/14 mailed to DRACY MCKNEELY at court's address of record. (mac) (Entered: 12/19/2014)
2015-01-07	27	MOTION for Extension of Time to Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (George, Jodi) (Entered: 01/07/2015)
2015-01-08	28	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Katherine Myrick, # 4 Exhibit A-Q, # 5 Exhibit Vaughn)(George, Jodi) (Entered: 01/08/2015)
2015-01-09	29	Order advising plaintiff to respond by February 20, 2015, to defendant's motion for summary judgment or risk entry of judgment for the defendant on what will be treated as a conceded motion (see attached order for details). Signed by Judge Emmet G. Sullivan on 1/9/15.(ah) (Entered: 01/09/2015)
2015-01-09		Set/Reset Deadlines: Plaintiff Response to Motion for Summary Judgment due by 2/20/2015. (mac) (Entered: 01/09/2015)
2015-01-09		NOTICE: 29 Order mailed to DRACY MCKNEELY at court's address of record. (mac) (Entered: 01/09/2015)
2015-01-09		MINUTE ORDER granting 27 Defendant's Motion for an Extension of Time to file summary judgment motion. SO ORDERED. Signed by Judge Emmet G. Sullivan on 1/9/15.(ah) (Entered: 01/09/2015)
2015-01-12		NOTICE: Minute Order Filed 1/9/15 mailed to DRACY MCKNEELY at court's address of record. (mac) (Entered: 01/12/2015)
2015-01-20	30	MOTION for Extension of Time to File Response as to 28 MOTION for Summary Judgment by DRACY MCKNEELY (jf, ) (Entered: 01/22/2015)
2015-01-29		MINUTE ORDER granting 30 Plaintiff's Motion for an Extension of Time to March 2, 2015, to file response to Defendant's motion for summary judgment. SO ORDERED. Signed by Judge Emmet G. Sullivan on 1/29/15.(ah) (Entered: 01/29/2015)
2015-01-29		Set/Reset Deadlines: Plaintiffs' Response to Motion for Summary Judgment due by 3/2/2015. (mac) (Entered: 01/29/2015)
2015-01-29		NOTICE: Minute Order Filed 1/29/15 Mailed To DRACY MCKNEELY at court's address of record. (mac) (Entered: 01/29/2015)
2015-03-06	31	MOTION for Extension of Time to File Response as to 28 MOTION for Summary Judgment by DRACY MCKNEELY (jf, ) (Entered: 03/09/2015)
2015-03-20	32	Cross MOTION for Summary Judgment by DRACY MCKNEELY (td, ) (Entered: 03/23/2015)
2015-03-24		MINUTE ORDER granting nunc pro tunc as unopposed 31 Plaintiff's Motion for an Extension of Time to File Response to defendant's dispositive motion. SO ORDERED. Signed by Judge Emmet G. Sullivan on 3/24/15.(ah) (Entered: 03/24/2015)
2015-03-24		NOTICE: Minute Order Filed 3/24/15 mailed to DRACY MCKNEELY at court's address of record. (mac) (Entered: 03/24/2015)
2015-03-27	33	Amended Declaration re 32 Cross MOTION for Summary Judgment by DRACY MCKNEELY. (jf, ) (Entered: 03/27/2015)
2015-03-31	34	REPLY to opposition to motion re 32 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DRUG ENFORCEMENT ADMINISTRATION. (George, Jodi) (Entered: 03/31/2015)
2015-04-20	35	MOTION for Extension of Time to File Reply as to 32 MOTION for Summary Judgment by DRACY MCKNEELY (jf, ) (Entered: 04/21/2015)
2015-04-21		MINUTE ORDER granting 35 Plaintiff's motion for an enlargement of time to May 6, 2015, to file a reply in support of his cross motion for summary judgment. SO ORDERED. Signed by Judge Emmet G. Sullivan on 4/21/15.(ah) (Entered: 04/21/2015)
2015-04-22		Set/Reset Deadlines: Plaintiff Reply In Support Of Cross Motion For Summary Judgment due by 5/6/2015. (mac) (Entered: 04/22/2015)
2015-04-22		NOTICE: Minute Order Filed 4/21/15 mailed to DRACY MCKNEELY at court's address of record. (mac) (Entered: 04/22/2015)
2015-05-11	36	REPLY to opposition to motion re 32 MOTION for Summary Judgment filed by DRACY MCKNEELY. (rdj) (Entered: 05/13/2015)
2015-09-25	37	ORDER granting 28 Defendant's Motion for Summary Judgment; denying 32 Plaintiff's Motion for Summary Judgment; entering judgment for the Defendant, for the reasons stated in the Memorandum Opinion issued separately this day. Signed by Judge Emmet G. Sullivan on 9/25/15.(ah) (Entered: 09/25/2015)
2015-09-25	38	MEMORANDUM OPINION accompanying final order issued separately this day. Signed by Judge Emmet G. Sullivan on 9/25/15.(ah) (Entered: 09/25/2015)
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