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Case TitleSCHOLL v. VARIOUS AGENCIES, ET AL.
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv01003
Date Filed2014-06-06
Date Closed2016-09-27
JudgeJudge Rosemary M. Collyer
PlaintiffLESLEY MARLIN SCHOLL
Case DescriptionLesley Marlin Scholl, a federal prisoner convicted on weapons charges, submitted a number of FOIA requests to various agencies for records concerning his conviction. None of the agencies responded to Scholl's satisfaction and he then filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantVARIOUS AGENCIES OF THE FEDERAL GOVERNMENT AND PROJECT DISARM TASK FORCE ENTITIES
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [47]
FOIA Project Annotation: Judge Rosemary Collyer has ruled that Lesley Scholl, a federal prisoner convicted of illegal possession of machine guns, waived his right to make FOIA and Privacy Act requests for records concerning his conviction as part of his two plea agreements. Although Scholl's plea agreement clearly included a waiver of any access rights, he made requests to multiple law enforcement agencies for his records to prove his innocence. All the agencies, with the exception of the FBI, declined to respond to his request because of the waiver provision in his plea agreements. In the case of the FBI, the agency found records referencing him in another context and released 69 pages. Collyer agreed that Scholl had willingly waived his right as part of his plea agreements. She noted that "there is no indication that Mr. Scholl's plea agreements have been invalidated." She added that "as a result of his legally binding agreements, none of the Defendants had an obligation to disclose those records and no improper withholding has occurred."
Issues: Litigation - Jurisdiction - Failure to State a Claim
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-01-161COMPLAINT against Various Agencies of the Federal Government and Project Disarm Task Force Entities, filed by Lesley Marlin Scholl. (Attachments: # 1 Exhibits)(mll, ) [Transferred from Texas Eastern on 6/12/2014.] (Entered: 01/18/2014)
2014-01-162MOTION for Leave to Proceed in forma pauperis by Lesley Marlin Scholl. (mll, ) [Transferred from Texas Eastern on 6/12/2014.] (Entered: 01/18/2014)
2014-01-163NOTICE OF CASE ASSIGNMENT. (mll, ) [Transferred from Texas Eastern on 6/12/2014.] (Entered: 01/18/2014)
2014-01-17In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice of Consent to Proceed Before Magistrate Judge . MAILED Consent Form to pltf. (mll, ) [Transferred from Texas Eastern on 6/12/2014.] (Entered: 01/18/2014)
2014-01-274ORDER OF TRANSFER. It is ordered that this civil action is transferred to the USDC District of Columbia. Signed by Magistrate Judge John D. Love on 1/27/14. (mrp, ) [Transferred from Texas Eastern on 6/12/2014.] (Entered: 01/27/2014)
2014-01-305RESPONSE in Opposition to 4 Order Transferring to District of Columbia and No Voluntary Consent to US Magistrate Judge by Lesley Marlin Scholl. (mll, ) [Transferred from Texas Eastern on 6/12/2014.] (Entered: 01/30/2014)
2014-02-106APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Lesley Marlin Scholl re 4 Order Transferring Case to the USDC for the District of Columbia. (mll, ) [Transferred from Texas Eastern on 6/12/2014.] (Entered: 02/11/2014)
2014-02-10Case Reassigned to Judge Michael H. Schneider and Magistrate Judge John D. Love. Magistrate Judge John D. Love no longer assigned to the case as presiding judge. (mll, ) [Transferred from Texas Eastern on 6/12/2014.] (Entered: 02/11/2014)
2014-03-207Letter from Lesley Scholl re case status (gsg) [Transferred from Texas Eastern on 6/12/2014.] (Entered: 03/27/2014)
2014-03-27***Staff notes*** Copy of docket sheet mailed to Lesley Scholl (gsg) [Transferred from Texas Eastern on 6/12/2014.] (Entered: 03/27/2014)
2014-06-058MEMORANDUM ORDER that the Magistrate Judge's order of transfer 4 was correct and is adopted by the District Court for all purposes. Petitioner's "appeal of Magistrate Judge's order of transfer," 6 is hereby DENIED. Signed by Judge Michael H. Schneider on 06/05/14. (mll, ) [Transferred from Texas Eastern on 6/12/2014.] (Entered: 06/05/2014)
2014-06-05This civil action is hereby TRANSFERRED to the United States District Court for the District of Columbia. (mll, ) [Transferred from Texas Eastern on 6/12/2014.] (Entered: 06/05/2014)
2014-06-06Case Assigned to Unassigned. (kb) (Entered: 06/12/2014)
2014-06-129Case transferred in from District of Texas Eastern; Case Number 6:14-cv-00028. Original file certified copy of transfer order and docket sheet received. (Entered: 06/12/2014)
2014-08-2010PRO SE ORDER directing within 30 days of this Order, unless an extension of time is granted, plaintiff to provide a six month trust fund prisoner account statement and failure to comply will result in dismissal of case. Plaintiff shall provide the requested information specific within this order. Signed by Judge James E. Boasberg on 8/20/2014. (kb) (Entered: 08/25/2014)
2014-09-0811MOTION for Reconsideration re 10 Pro Se Order Directing Prisoner Statement, by LESLEY MARLIN SCHOLL. (md, ) (Entered: 09/11/2014)
2014-12-0512ORDER DISMISSING PRO SE CASE WITHOUT PREJUDICE. Ordered that plaintiffs 11 motion for reconsideration is DENIED; it is FURTHER ORDERED that the 2 application of the plaintiff to proceed in forma pauperis is DENIED WITHOUT PREJUDICE. Signed by Judge Emmet G. Sullivan on 12/5/2014. (See Order for full details)(rdj) (Entered: 12/11/2014)
2015-01-0513MOTION for Reconsideration re 12 Order Dismissing Pro Se Case, by LESLEY MARLIN SCHOLL (Attachments: # 1 Exhibit)(rd) (Entered: 01/07/2015)
2015-01-0514PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by LESLEY MARLIN SCHOLL (rd) (Entered: 01/07/2015)
2015-02-1015ORDER directing an initial partial filing fee in the amount of $215.23 from Prison Account of Leslie Marlin Scholl; further ordered, granting 2 MOTION for Leave to Proceed in forma pauperis. Signed by Judge Tanya S. Chutkan on 02/09/2015. (jf, ) (Entered: 02/11/2015)
2015-02-10Case Reassigned to Judge Rosemary M. Collyer. Case no longer Unassigned. (rd) (Entered: 02/11/2015)
2015-02-1116ORDER granting 13 Motion for Reconsideration, VACATING 12 Order; Further Ordered, Case shall be randomly assigned to a District Judge. Signed by Judge Tanya S. Chutkan on 02/09/2015. (see order for full details) (rd) (Entered: 02/11/2015)
2015-02-13SUMMONS (14) Issued as to VARIOUS AGENCIES OF THE FEDERAL GOVERNMENT, U.S. Attorney and U.S. Attorney General (rd) (Entered: 02/13/2015)
2015-03-2617NOTICE of Appearance by Jesse Dyer Stewart on behalf of VARIOUS AGENCIES OF THE FEDERAL GOVERNMENT AND PROJECT DISARM TASK FORCE ENTITIES (Stewart, Jesse) (Entered: 03/26/2015)
2015-04-0718RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/25/2015. Answer due for ALL FEDERAL DEFENDANTS by 4/24/2015. (rdj) (Entered: 04/08/2015)
2015-04-0819Letter to the Court from LESLEY MARLIN SCHOLL "Leave to file GRANTED" by Judge Rosemary M. Collyer (rdj) (Entered: 04/09/2015)
2015-04-2020MOTION for Extension of Time to File Answer or Otherwise Respond by VARIOUS AGENCIES OF THE FEDERAL GOVERNMENT AND PROJECT DISARM TASK FORCE ENTITIES (Attachments: # 1 Text of Proposed Order)(Stewart, Jesse) (Entered: 04/20/2015)
2015-04-21MINUTE ORDER granting 20 Defendants' Motion for Extension of Time for good cause shown. Defendants shall file an answer or otherwise respond to the Complaint no later than June 23, 2015. Signed by Judge Rosemary M. Collyer on April 21, 2015. (lcrmc3) (Entered: 04/21/2015)
2015-05-0121RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. Immigration and Customs Enforcement served on 4/30/2015 (rdj) (Entered: 05/04/2015)
2015-06-0122RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. Department of Treasury served on 5/27/2015 (rdj) (Entered: 06/02/2015)
2015-06-1223RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. Department of Homeland Security served on 6/9/2015 (zrdj) (Entered: 06/15/2015)
2015-06-1824MOTION for Extension of Time to File Answer or Otherwise Respond by VARIOUS AGENCIES OF THE FEDERAL GOVERNMENT AND PROJECT DISARM TASK FORCE ENTITIES (Attachments: # 1 Text of Proposed Order)(Stewart, Jesse) (Entered: 06/18/2015)
2015-06-19MINUTE ORDER granting 24 Motion for Extension of Time to Respond to Complaint. Defendants shall file their Answer or otherwise respond to the Complaint no later than July 23, 2015. Signed by Judge Rosemary M. Collyer on June 19, 2015. (lcrmc3) (Entered: 06/19/2015)
2015-06-19Set/Reset Deadlines/Hearings: Answer to complaint due by 7/23/2015. (cdw) (Entered: 06/22/2015)
2015-06-2225RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. Bureau of Alcohol, Tobacco, Firearms and Explosives served on 6/18/2015 (zrdj) (Entered: 06/23/2015)
2015-07-2026MOTION for Extension of Time to File Answer or Otherwise Respond by VARIOUS AGENCIES OF THE FEDERAL GOVERNMENT AND PROJECT DISARM TASK FORCE ENTITIES (Attachments: # 1 Text of Proposed Order)(Stewart, Jesse) (Entered: 07/20/2015)
2015-07-23MINUTE ORDER granting 26 Defendants' Motion for Extension of Time. Defendants shall file an answer or otherwise respond to Plaintiff's Complaint by October 21, 2015; there will be no more extensions granted. Signed by Judge Rosemary M. Collyer on 7/23/2015. (lcrmc3) Modified on 7/23/2015 (zrdj). (Entered: 07/23/2015)
2015-07-23Set/Reset Deadlines: Answer due by 10/21/2015. (zmm) (Entered: 07/23/2015)
2015-07-2327MOTION to Dismiss or in the Alternative for Summary Judgment by VARIOUS AGENCIES OF THE FEDERAL GOVERNMENT AND PROJECT DISARM TASK FORCE ENTITIES (Attachments: # 1 Statement of Facts, # 2 Gov't Exhibits, # 3 EOUSA Decl. and Exhibits, # 4 DEA Decl. and Exhibits, # 5 ATF Decl. and Exhibits, # 6 ICE Decl. and Exhibits, # 7 Text of Proposed Order)(Stewart, Jesse). Added MOTION for Summary Judgment on 7/24/2015 (zrdj). (Entered: 07/23/2015)
2015-07-2428ORDER advising Plaintiff to respond to 27 Defendants' Motion to Dismiss Or In The Alternative For Summary Judgment, or the Court may deem the matter conceded. Plaintiff's response is due by August 24, 2015. Signed by Judge Rosemary M. Collyer on 7/24/2015. (lcrmc3) (Entered: 07/24/2015)
2015-07-24Set/Reset Deadlines/Hearings: Response to 27 due by 8/24/2015. (cdw) (Entered: 07/24/2015)
2015-07-24Set/Reset Deadlines/Hearings: Response to 27 due by 8/24/2015. (cdw) (Entered: 07/27/2015)
2015-08-1729MOTION for Extension of Time to File Response/Reply as to 27 MOTION to Dismiss or in the Alternative for Summary Judgment MOTION for Summary Judgment, MOTION to Compel by LESLEY MARLIN SCHOLL (zrdj) (Entered: 08/18/2015)
2015-08-1930ORDER granting in part and denying in part 29 Plaintiff's Motion for Extension of Time and To Compel This Court. Plaintiff shall respond by October 26, 2015 to 27 Defendants' Motion to Dismiss or for Summary Judgment. Plaintiff's request for an appointment of counsel is denied. Signed by Judge Rosemary M. Collyer on 8/19/2015. (lcrmc3) (Entered: 08/19/2015)
2015-08-19Set/Reset Deadlines/Hearings: Response to 27 due by 10/26/2015. (cdw) (Entered: 08/20/2015)
2015-09-0931NOTICE OF SUBSTITUTION OF COUNSEL by Peter C. Pfaffenroth on behalf of VARIOUS AGENCIES OF THE FEDERAL GOVERNMENT AND PROJECT DISARM TASK FORCE ENTITIES Substituting for attorney Jesse D. Stewart (Pfaffenroth, Peter) (Entered: 09/09/2015)
2015-10-2032MOTION for Extension of Time by LESLEY MARLIN SCHOLL "Let this be filed" by Judge Rosemary M. Collyer (zrdj) (Entered: 10/21/2015)
2015-10-2133MOTION to Dismiss and , MOTION for Summary Judgment by FBI by VARIOUS AGENCIES OF THE FEDERAL GOVERNMENT AND PROJECT DISARM TASK FORCE ENTITIES (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of D. Hardy & exhibits thereto, # 4 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 10/21/2015)
2015-10-2334ORDER granting in part and denying in part 32 Motion for Extension of Time and for Reconsideration. Plaintiff's motion to reconsider appointing counsel is denied. Plaintiff's motion for extension of time is granted: he shall respond to both 27 33 dispositive motions by December 22, 2015. Plaintiff is advised that if he fails to respond, the Court may deem the matter conceded. See Order for details. Signed by Judge Rosemary M. Collyer on 10/23/2015. (lcrmc3) (Entered: 10/23/2015)
2015-10-23Set/Reset Deadlines/Hearings: Response to Dispositive Motions due by 12/22/2015. (cdw) (Entered: 10/23/2015)
2015-12-1435MOTION for Extension of Time by LESLEY MARLIN SCHOLL (zrdj) (Entered: 12/15/2015)
2016-01-05MINUTE ORDER granting 35 Motion for Extension of Time. Plaintiff shall oppose by February 26, 2015 both Defendant FBI's 33 Dispositive Motion and the other defendants' 27 Dispositive Motion. Signed by Judge Rosemary M. Collyer on 1/5/2016. (lcrmc3) Modified on 1/6/2016 (cdw). (Entered: 01/05/2016)
2016-01-05Set/Reset Deadlines/Hearings: Response to 27 and 33 due by 2/26/2016. (cdw) (Entered: 01/06/2016)
2016-02-1836NOTICE by LESLEY MARLIN SCHOLL ; ("Let this be filed" by Judge R.M. Collyer) (td) (Entered: 02/19/2016)
2016-02-2237MOTION for Extension of Time by LESLEY MARLIN SCHOLL (zrdj) "Let this be filed." by Judge Rosemary M. Collyer (Entered: 02/25/2016)
2016-02-2238MOTION for Vaughn Index by LESLEY MARLIN SCHOLL "Let this be filed." by Judge Rosemary M. Collyer(zrdj) (Entered: 02/25/2016)
2016-03-02MINUTE ORDER granting 37 Plaintiff's third Motion for Extension of Time. Plaintiff shall file, no later than June 20, 2016, a response to the motions to dismiss or for summary judgment 27 and 33 . In accordance with the Court's Order 28 , if Plaintiff does not timely file a response, the Court will treat the motions as conceded and may summarily dismiss this case. Signed by Judge Rosemary M. Collyer on 3/2/2016. (KD) (Entered: 03/02/2016)
2016-03-02Set/Reset Deadlines: Response to 27 and 33 motions to dismiss or for summary judgment due by 6/20/2016. (zmm) (Entered: 03/02/2016)
2016-03-0939Memorandum in opposition to re 38 MOTION for Vaughn Index filed by VARIOUS AGENCIES OF THE FEDERAL GOVERNMENT AND PROJECT DISARM TASK FORCE ENTITIES. (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 03/09/2016)
2016-03-2840MOTION for Extension of Time to File Response/Reply as to 38 MOTION for Vaughn Index by LESLEY MARLIN SCHOLL (zrdj) (Entered: 03/30/2016)
2016-04-1441Memorandum in opposition to re 38 MOTION for Vaughn Index filed by LESLEY MARLIN SCHOLL. (zrdj) (Entered: 04/15/2016)
2016-05-0242Memorandum in opposition to re 27 MOTION to Dismiss or in the Alternative for Summary Judgment MOTION for Summary Judgment, 33 MOTION to Dismiss and MOTION for Summary Judgment by FBI filed by LESLEY MARLIN SCHOLL. (zrdj) (Entered: 05/04/2016)
2016-05-1643MOTION for Extension of Time to File Replies in Support of Defendants' Dispositive Motions by VARIOUS AGENCIES OF THE FEDERAL GOVERNMENT AND PROJECT DISARM TASK FORCE ENTITIES (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 05/16/2016)
2016-06-1644MOTION for Extension of Time to File Replies by VARIOUS AGENCIES OF THE FEDERAL GOVERNMENT AND PROJECT DISARM TASK FORCE ENTITIES (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 06/16/2016)
2016-06-17MINUTE ORDER granting 43 Motion for Extension of Time to File Replies and granting 44 Motion for Extension of Time to File Replies. Defendants' Replies due by July 21, 2016. Signed by Judge Rosemary M. Collyer on 6/17/2016. (lcrmc2) (Entered: 06/17/2016)
2016-06-17Set/Reset Deadlines/Hearings: Reply to dispositive motions due by 7/21/2016. (cdw) (Entered: 06/17/2016)
2016-07-2145REPLY to opposition to motion re 27 MOTION to Dismiss or in the Alternative for Summary Judgment MOTION for Summary Judgment, 33 MOTION to Dismiss and MOTION for Summary Judgment by FBI filed by VARIOUS AGENCIES OF THE FEDERAL GOVERNMENT AND PROJECT DISARM TASK FORCE ENTITIES. (Attachments: # 1 Exhibit A (N.D. Ind. June 21, 2016 Order), # 2 Exhibit B (N.D. Ind. Apr. 1, 2016 Order), # 3 Exhibit C (E.D. Tex. Mar. 19, 2014 Order), # 4 Exhibit D (Second Hardy Declaration))(Pfaffenroth, Peter) (Entered: 07/21/2016)
2016-08-1546RESPONSE to Reply re 27 MOTION to Dismiss or in the Alternative for Summary Judgment MOTION for Summary Judgment filed by LESLEY MARLIN SCHOLL. "Leave to file", by Judge Rosemary M. Collyer (zrdj) (Entered: 08/17/2016)
2016-09-2247MEMORANDUM AND OPINION. Signed by Judge Rosemary M. Collyer on 9/22/2016. (lcrmc3) (Entered: 09/22/2016)
2016-09-2248ORDER granting 27 Motion for Summary Judgment; granting 33 Motion for Summary Judgment; denying 38 Motion for Vaughn Index; and denying 40 Motion for Extension of Time. Judgment is entered in favor of Defendants. This case is closed. Signed by Judge Rosemary M. Collyer on 9/22/2016. (lcrmc3) (Entered: 09/22/2016)
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