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Case TitleDONOGHUE v. OFFICE OF INFORMATION POLICY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2013cv00256
Date Filed2013-02-27
Date ClosedOpen
JudgeJudge Reggie B. Walton
PlaintiffJAMES PATRICK DONOGHUE
DefendantOFFICE OF INFORMATION POLICY
DefendantU.S. DEPARTMENT OF JUSTICE
DefendantERIC H. HOLDER, JR. Attorney General
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [32]
FOIA Project Annotation: Judge Reggie Walton has ruled that the FBI conducted an adequate search when it found no records pertaining to James Patrick Donoghue, who contended that two federal agencies showed up as his state trial in Alabama in 2008 and helped persuade the court, as well as Donoghue's defense attorney, that Donoghue deserved a multiple-year prison sentence. Donoghue requested records about himself from the FBI and the agency, after searching its Central Records System using a variety of phonetic breakdowns of his name, found no records. Donoghue argued the agency should have searched the NCIC database for records. The FBI explained that the NCIC database was separate from its CRS database and that requests for an NCIC search had to be made to the Criminal Justice Information Services Division. Walton noted that "a valid FOIA request is one submitted in accordance with applicable regulations. The plaintiff has not indicated that he submitted a request to CJIS, and the FBI was therefore under no obligation to search NCIC in response to his FOIA request." Donoghue contended that the FBI had not conducted a Privacy Act search for records about him. But Walton pointed out that any Privacy Act rights Donoghue might have "come into play only if the FBI maintains records about the plaintiff and the FBI has demonstrated that there are no such records."
Issues: Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-02-271COMPLAINT against ERIC HIMPTON HOLDER, JR, OFFICE OF INFORMATION POLICY, U.S. DEPARTMENT OF JUSTICE filed by JAMES PATRICK DONOGHUE. (Attachments: # 1 Civil Cover Sheet)(td, ); (Note: Portions of these exhibits are illegible on ECF.) Modified on 2/28/2013 (td, ). (Entered: 02/27/2013)
2013-02-27SUMMONS (3) Issued as to ERIC HIMPTON HOLDER, JR, OFFICE OF INFORMATION POLICY, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 02/27/2013)
2013-02-272MOTION for Leave to Proceed in forma pauperis by JAMES PATRICK DONOGHUE (td, ) (Entered: 02/27/2013)
2013-02-273PRISONER ACCOUNT STATEMENT by JAMES PATRICK DONOGHUE (td, ) (Entered: 02/27/2013)
2013-02-274ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Beryl A. Howell on 2/21/13. (td, ) (Entered: 02/27/2013)
2013-02-27SUMMONS (3) Issued as to ERIC HIMPTON HOLDER, JR,(Attorney General) OFFICE OF INFORMATION POLICY, U.S. Attorney (td, ) (Entered: 02/28/2013)
2013-03-055RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/4/13., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ERIC HIMPTON HOLDER, JR served on 3/4/2013; OFFICE OF INFORMATION POLICY served on 3/4/2013 (td, ) (Entered: 03/05/2013)
2013-03-156RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/8/2013. Answer due for ALL FEDERAL DEFENDANTS by 4/7/2013. (td, ) (Entered: 03/18/2013)
2013-04-087ANSWER to 1 Complaint, by ERIC HIMPTON HOLDER, JR, OFFICE OF INFORMATION POLICY, U.S. DEPARTMENT OF JUSTICE.(Fields, Rhonda) (Entered: 04/08/2013)
2013-04-12MINUTE ORDER: The plaintiff filed a complaint seeking to obtain information pursuant to the Freedom of Information Act (FOIA), and defendants have filed an Answer. A FOIA action is exempt from the requirements of Local Civil Rule 16.3 and Rules 16(b) and 26(f) of the Federal Rules of Civil Procedure. Instead, it is hereby ordered that, not later than May 31, 2013, the defendants shall file either a dispositive motion or a proposed schedule for further proceedings. Signed by Judge Reggie B. Walton on 4/12/13. (ms, ) (Entered: 04/12/2013)
2013-04-12Set/Reset Deadlines: Dispositive Motions or a proposed schedule for further proceedings due by 5/31/2013. (mpt, ) (Entered: 04/12/2013)
2013-05-208Civil Statement regarding notice from defendant from Plaintiff. (td, ) (Entered: 05/22/2013)
2013-05-319MOTION for Partial Summary Judgment , MOTION to Stay by ERIC HIMPTON HOLDER, JR, OFFICE OF INFORMATION POLICY, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Hardy Dec & exhibits, # 2 Text of Proposed Order)(Fields, Rhonda) (Entered: 05/31/2013)
2013-06-0310Order advising the plaintiff to respond by 7/8/2013 to the defendants' 9 MOTION for Partial Summary Judgment, or the Court may treat the motion as conceded. Signed by Judge Reggie B. Walton on 6/3/13. (ms, ) (Entered: 06/03/2013)
2013-06-03MINUTE ORDER: The defendants' 9 MOTION to Stay is granted. With respect to the record stored at the FBIs closed file facility in New Jersey, this matter is stayed. Not later than December 2, 2013, and at six-month intervals thereafter, the defendants shall file a status report indicating whether the record can be remediated. If so, the status report shall indicate whether the record is responsive to the plaintiffs FOIA request, whether the record will be released in whole or in part, and whether any FOIA exemptions are asserted. Signed by Judge Reggie B. Walton on 6/3/13. (ms, ) (Entered: 06/03/2013)
2013-06-03Set/Reset Deadlines: Response due by 7/8/2013; Status Report due by 12/2/2013 (mpt) (Entered: 06/03/2013)
2013-07-0111Memorandum in opposition to re 9 MOTION for Partial Summary Judgment MOTION to Stay filed by JAMES PATRICK DONOGHUE. (td, ) (Entered: 07/03/2013)
2013-07-1512REPLY to opposition to motion re 9 MOTION for Partial Summary Judgment MOTION to Stay filed by ERIC H. HOLDER, JR, OFFICE OF INFORMATION POLICY, U.S. DEPARTMENT OF JUSTICE. (Fields, Rhonda) (Entered: 07/15/2013)
2013-07-2513MOTION for final determination and relief by JAMES PATRICK DONOGHUE (td, ) (Entered: 07/29/2013)
2013-08-2814MOTION for Summary Judgment by JAMES PATRICK DONOGHUE (td, ) (Entered: 08/29/2013)
2013-09-1315Memorandum in opposition to re 14 MOTION for Summary Judgment filed by ERIC H. HOLDER, JR, OFFICE OF INFORMATION POLICY, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Fields, Rhonda) (Entered: 09/13/2013)
2013-10-0416MOTION to Stay proceedings in this case for a period of 90 days due to extraordinary circumstances by JAMES PATRICK DONOGHUE (td, ) (Entered: 10/07/2013)
2013-10-18MINUTE ORDER: It is hereby ORDERED that Plaintiff's Motion to Stay All Proceedings In This Case... Due To Extraordinary Circumstances 16 s GRANTED. All proceedings in this case are STAYED pending further order of the Court. It is further ORDERED that this case shall be administratively closed, and reopened upon notice from the plaintiff that he is prepared to proceed. Signed by Judge Reggie B. Walton on 10/18/13. (ms, ) (Entered: 10/18/2013)
2013-12-0217STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Hardy Status Declaration)(Fields, Rhonda) (Entered: 12/02/2013)
2013-12-3018MOTION to Lift Stay re Order on Motion to Stay,, MOTION to Reopen Case by JAMES PATRICK DONOGHUE (td, ) (Entered: 12/31/2013)
2014-01-1319ORDER granting 18 Motion to Lift Stay; granting 18 Motion to Reopen Case. Signed by Judge Reggie B. Walton on 1/13/14. (mpt, ) (Entered: 01/13/2014)
2014-01-13Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 2/14/2014. Dispositive Motions due by 2/14/2014. Response to Dispositive Motions due by 3/14/2014. Reply to Dispositive Motions due by 4/4/2014. (mpt) (Entered: 01/13/2014)
2014-01-1520MOTION for Extension of Time to File Response/Reply concerning ECF 18 at 13-30 (motion to amend complaint) and 31-36 (motion to join parties) by ERIC H. HOLDER, JR, OFFICE OF INFORMATION POLICY, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Fields, Rhonda) (Entered: 01/15/2014)
2014-01-1721ORDER denying 20 as moot the defendants' Motion for Extension of Time to File Response to the plaintiff's Addendum to the Complaint and the Amended Complaint, and Motion to Join Parties Pursuant to Federal Rules of Civil Procedure Rule 9(a). Signed by Judge Reggie B. Walton on 1/17/14. (ms, ) (Entered: 01/17/2014)
2014-02-1122MOTION for Summary Judgment as to "New Jersey Document" by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 second Hardy Dec, # 2 Text of Proposed Order)(Fields, Rhonda) (Entered: 02/11/2014)
2014-02-1123Order advising the plaintiff to respond by 3/14/2014 to the defendants' 22 MOTION for Summary Judgment as to "New Jersey Document" or the Court may treat the motion as conceded. Signed by Judge Reggie B. Walton on 2/11/14. (ms, ) (Entered: 02/11/2014)
2014-02-11Set/Reset Deadlines: Opposition to Motion for Summary Judgment due by 3/14/2014. (mpt) (Entered: 02/11/2014)
2014-03-0724MOTION for Extension of Time to comply with Judge Walton's January 13, 2014 order by JAMES PATRICK DONOGHUE (td, ) (Entered: 03/11/2014)
2014-03-12MINUTE ORDER: It is hereby ORDERED that Plaintiff's Motion for an Enlargement of Time to Comply with Judge Walton's January 13, 2014 Order 24 is GRANTED IN PART and DENIED IN PART. The plaintiff's motion for a 60-day extension of time to file his opposition to Defendants' Motion for Summary Judgment as to "New Jersey Document" [ECF No. 22] is DENIED, and his alternative motion to stay proceedings is GRANTED. It is further ORDERED that all proceedings in this action are STAYED pending further Order of the Court. It is further ORDERED that the plaintiff shall notify the Court promptly when he is prepared to proceed by filing a motion to lift the stay with a proposed Order for further proceedings in this case. Signed by Judge Reggie B. Walton on 3/12/14. (ms, ) (Entered: 03/12/2014)
2014-03-12Case Stayed (mpt, ) (Entered: 03/12/2014)
2014-05-2026MOTION to Lift Stay, MOTION to Reopen Case by JAMES PATRICK DONOGHUE; ("Leave to file GRANTED" signed by Judge Walton on 5/20/14) (td, ) (Entered: 05/28/2014)
2014-05-2027Memorandum in opposition to re 22 MOTION for Summary Judgment as to "New Jersey Document" filed by JAMES PATRICK DONOGHUE. ("Leave to file GRANTED" signed by Judge Walton 5/20/14) (td, ) (Entered: 05/28/2014)
2014-05-2028REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by JAMES PATRICK DONOGHUE; ("Leave to file GRANTED" signed by Judge Walton 5/20/14) (td, ) Modified on 5/28/2014 (td, ). (Entered: 05/28/2014)
2014-05-2029MOTION to Supplement and/or Amend/Correct 1 Complaint, by JAMES PATRICK DONOGHUE; ("Leave to file GRANTED" signed by Judge Walton 5/20/14) (td, ) (Entered: 05/28/2014)
2014-05-2225ORDERED that the Motion to Lift Stay and Reopen Case is GRANTED; (See Image for Details). Signed by Judge Reggie B. Walton on 5/20/14. (mpt, ) (Entered: 05/22/2014)
2015-03-0630NOTICE OF SUBSTITUTION OF COUNSEL by Peter C. Pfaffenroth on behalf of ERIC H. HOLDER, JR, OFFICE OF INFORMATION POLICY, U.S. DEPARTMENT OF JUSTICE Substituting for attorney Rhonda C. Fields (Pfaffenroth, Peter) (Entered: 03/06/2015)
2015-04-2331MOTION for Clarification by JAMES PATRICK DONOGHUE (td, ) (Entered: 04/24/2015)
2015-04-27MINUTE ORDER: The plaintiff's Motion for Clarification 31 is granted. The language to which the plaintiff refers in docket entries 28 and 29 reflects that the Court granted leave to file the documents on May 20, 2014, and that the Clerk of Court entered the documents (placed them on the electronic docket) on May 28, 2014. "Motions terminated" with respect to docket entries 26 and 29 indicates that the Court ruled on the plaintiff's motion to lift the stay and denied his motion to amend the complaint; these motions are no longer pending. The case remains open, and the defendants' motions for partial summary judgment and for summary judgment as to the "New Jersey document" are pending. Signed by Judge Reggie B. Walton on 4/24/15. (ms, ) (Entered: 04/27/2015)
2016-01-2832MEMORANDUM AND OPINION. Signed by Judge Reggie B. Walton on 1/27/16. (ms) (Entered: 01/28/2016)
2016-01-2833ORDER denying plaintiff's motion for summary judgment, and granting defendants' motion for partial summary judgment and 22 motion for summary judgment as to the "New Jersey document." This is a final appealable Order. Signed by Judge Reggie B. Walton on 1/27/16. (ms) (Entered: 01/28/2016)
2016-11-14Partial Filing Fee Received from JAMES PATRICK DONOGHUE in the amount of $11.80, receipt number: 4616081567. (zrdj) (Entered: 11/14/2016)
2017-05-16Partial Filing Fee Received from JAMES PATRICK DONOGHUE in the amount of $20.00, receipt number: 4616084618. (zrdj) (Entered: 05/17/2017)
2017-07-14Partial Filing Fee Received from JAMES PATRICK DONOGHUE in the amount of $10.00, receipt number: 4616086018. (zrdj) (Entered: 07/17/2017)
2017-08-15Partial Filing Fee Received from JAMES PATRICK DONOGHUE in the amount of $41.00, receipt number: 4616086603. (zrdj) (Entered: 08/16/2017)
2017-11-16Partial Filing Fee Received from James Patrick Donoghue in the amount of $5.00, receipt number: 4616088123. (td) (Entered: 11/17/2017)
2018-01-30Partial Filing Fee Received from JAMES PATRICK DONOGHUE in the amount of $28.20, receipt number: 4616089260. PAID IN FULL (zrdj) (Entered: 01/30/2018)
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by FOIA Project Staff
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