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Case TitleCORLEY v. HOLDER et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv02157
Date Filed2014-12-22
Date Closed2019-03-29
JudgeJudge Emmet G. Sullivan
PlaintiffROYCE CORLEY
Case DescriptionRoyce Corley submitted a FOIA request to the Justice Department for records concerning his conviction for sex trafficking. After hearing nothing further after six months, he filed an appeal. After hearing nothing further, Corley filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantERIC H. HOLDER, JR. Attorney General
DefendantPREET BHARARA United States Attorney
DefendantJAMES B. COMEY FBI Director
DefendantUNITED STATES OF AMERICA
AppealD.C. Circuit 19-5106
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [39]
FOIA Project Annotation: Judge Emmet Sullivan has ruled that EOUSA has failed to show that it properly withheld from Royce Corley a handful of documents under Exemption 5 (attorney work-product privilege). Corley was convicted of sex trafficking. He requested records about his prosecution from the FBI and EOUSA. Sullivan had ruled earlier that the FBI properly withheld documents, but questioned EOUSA's attorney work-product privilege claim. Sullivan remained unconvinced. He noted that "simply put, the Court has no idea what information is contained in those documents and how it qualifies as attorney work-product. In addition, EOUSA has not identified the origin or author of [two documents] thereby rendering the Court unable to assess whether either document satisfies the 'inter-agency or intra-agency' threshold requirement of exemption 5 and qualifies as attorney work-product." Finding the agency's explanation was unhelpful, Sullivan pointed out that "that language 'simply parrots elements of the work product doctrine'. . .This is particularly so where, as here, the corresponding document is so inaptly described."
Issues: Exemption 5 - Privileges - Attorney work-product privilege
Opinion/Order [49]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-12-221COMPLAINT against PREET BHARARA, JAMES COMEY, ERIC H. HOLDER, JR, UNITED STATES OF AMERICA (Filing fee $ 0.00) filed by ROY CORLEY. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 12/23/2014)
2014-12-22SUMMONS (5) Issued as to PREET BHARARA, JAMES COMEY, ERIC H. HOLDER, JR, UNITED STATES OF AMERICA, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 12/23/2014)
2014-12-222MOTION for Leave to Proceed in forma pauperis by ROY CORLEY (jf, ) (Entered: 12/23/2014)
2014-12-223ORDER directing an initial partial filing fee in the amount of $25.61 from Prison Account of Royce Corley; further ordered, granting 2 Motion to proceed in forma pauperis. Signed by Judge Ketanji Brown Jackson on 12/19/2014. (see order for full detail) (jf, ) (Entered: 12/23/2014)
2014-12-224MOTION to Compel by ROY CORLEY (jf, ) (Entered: 12/23/2014)
2014-12-23NOTICE: 3 Order Was Mailed to DANBURY FEDERAL CORRECTIONAL INSTITUTION and ROY CORLEY at court's address of record. (mac) (Entered: 12/23/2014)
2015-01-07SUMMONS (4) REISSUED as to PREET BHARARA, JAMES COMEY, ERIC H. HOLDER, JR, UNITED STATES OF AMERICA, and non-parties U.S. Attorney. (md, ) (Entered: 01/07/2015)
2015-01-125SUPPLEMENT to re 1 Complaint filed by ROYCE CORLEY. (jf, ) (Entered: 01/13/2015)
2015-02-206RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/13/2015. (jf, ) (Entered: 02/23/2015)
2015-03-097MOTION to Amend/Correct 3 Order Directing Prisoner Payment, by ROYCE CORLEY (jf, ) (Entered: 03/11/2015)
2015-04-01MINUTE ORDER denying 7 Plaintiff's Motion to Amend the Order assessing an initial partial filing fee pursuant to the Prison Litigation Reform Act ("PLRA"). The Court has no authority to reduce the amount assessed in accordance with the formula set out at 28 U.S.C. § 1915(b), which "calls for collection of the required monthly installments only if the amount in a prisoner's account exceeds $10." Pinson v. Samuels, 761 F.3d 1, 9 (D.C. Cir. 2014). Furthermore, the D.C. Circuit has concluded that the PLRA's fee requirements apply "on a per case basis." Id. SO ORDERED. Signed by Judge Emmet G. Sullivan on 4/1/15.(ah) (Entered: 04/01/2015)
2015-04-01NOTICE: Minute Order Filed on 4/1/15 mailed to ROYCE CORLEY at court's address of record. (mac) (Entered: 04/01/2015)
2015-04-068RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/13/2015. (jf, ) (Entered: 04/07/2015)
2015-04-079RETURN 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. (jf, ) (Entered: 04/08/2015)
2015-04-1410NOTICE of Appearance by Jodi T. George on behalf of All Defendants (George, Jodi) (Entered: 04/14/2015)
2015-04-2211MOTION for Extension of Time to File Answer by UNITED STATES OF AMERICA (George, Jodi) (Entered: 04/22/2015)
2015-05-0712MOTION for Extension of Time to Respond to the Complaint and Plaintiff's Motion to Compel Vaughn Index by ERIC H. HOLDER, JR (George, Jodi) (Entered: 05/07/2015)
2015-05-0813RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JAMES COMEY served on 5/6/2015 (td, ) (Entered: 05/11/2015)
2015-05-1514Memorandum in opposition to re 12 MOTION for Extension of Time to Respond to the Complaint and Plaintiff's Motion to Compel Vaughn Index filed by ROYCE CORLEY. (jf, ) (Entered: 05/18/2015)
2015-06-01MINUTE ORDER granting nunc pro tunc 11 Defendants' Motion for Extension of Time to respond to the complaint. SO ORDERED. Signed by Judge Emmet G. Sullivan on 6/1/15.(ah) (Entered: 06/01/2015)
2015-06-01MINUTE ORDER granting, over the plaintiff's objection, 12 Defendants' Motion for an Extension of Time to June 8, 2015, to respond to the complaint. SO ORDERED. Signed by Judge Emmet G. Sullivan on 6/1/15.(ah) (Entered: 06/01/2015)
2015-06-01Set/Reset Deadlines: Answer due by 6/8/2015. (mac) (Entered: 06/01/2015)
2015-06-01NOTICE: Minute Orders Filed 6/1/15 mailed to ROYCE CORLEY at court's address of record. (mac) (Entered: 06/01/2015)
2015-06-0515Defendants' ANSWER to 1 Complaint by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit A)(George, Jodi) (Entered: 06/05/2015)
2015-06-0516Memorandum in opposition to re 4 MOTION to Compel Vaughn Index filed by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(George, Jodi) (Entered: 06/05/2015)
2015-06-1517REPLY to opposition to re 4 MOTION to Compel filed by ROYCE CORLEY. (jf) (Entered: 06/17/2015)
2015-07-01MINUTE ORDER: Upon consideration of plaintiff's motion to compel a Vaughn index and defendants' opposition and proposed schedule, it is ORDERED that plaintiff's motion 4 is DENIED, and defendants' motion for summary judgment is due by July 17, 2015. SO ORDERED. Signed by Judge Emmet G. Sullivan on 7/1/15.(ah) (Entered: 07/01/2015)
2015-07-01Set/Reset Deadlines: Summary Judgment motions due by 7/17/2015. (mac) (Entered: 07/01/2015)
2015-07-01NOTICE: Minute Order Filed 7/1/15 mailed to ROYCE CORLEY at court's address of record. (mac) (Entered: 07/01/2015)
2015-07-1718MOTION for Summary Judgment by UNITED STATES OF AMERICA (Attachments: # 1 Memorandum in Support, # 2 Declaration Hardy, # 3 Declaration Sassok, # 4 Declaration Stone, # 5 Declaration Hodge, # 6 Statement of Facts)(George, Jodi) (Entered: 07/17/2015)
2015-07-2019Order advising the plaintiff to respond by August 31, 2015, to the defendant's motion for summary judgment or risk entry of judgment for the defendants on what will be treated as a conceded motion (see attached order for details). Signed by Judge Emmet G. Sullivan on 7/20/15.(ah) (Entered: 07/20/2015)
2015-07-22Set/Reset Deadlines: Plaintiff Response due by 8/31/2015 (mac) (Entered: 07/22/2015)
2015-07-22NOTICE: 19 Order mailed to ROYCE CORLEY at court's address of record. (mac) (Entered: 07/22/2015)
2015-08-2420Memorandum in opposition to re 18 MOTION for Summary Judgment filed by ROYCE CORLEY. (jf) (Entered: 08/25/2015)
2015-08-2421MOTION for Partial Summary Judgment, MOTION for Leave to Discovery by ROYCE CORLEY (jf) . (Entered: 08/25/2015)
2015-08-3122MOTION for Extension of Time to File Response to Plaintiff's Opposition to Defendant's Motion for Summary Judgment, Plaintiff's Cross Motion for Partial Summary Judgment, and Plaintiff's Motion for Leave to Take Discovery by UNITED STATES OF AMERICA (George, Jodi) (Entered: 08/31/2015)
2015-09-02MINUTE ORDER granting 22 Defendants' Motion for an Extension of Time to October 2, 2015, to file reply and opposition to plaintiff's motion. SO ORDERED. Signed by Judge Emmet G. Sullivan on 9/2/15.(ah) (Entered: 09/02/2015)
2015-09-02Set/Reset Deadlines: Defendant Reply due by 10/2/2015. (mac) (Entered: 09/02/2015)
2015-09-02NOTICE: Minute Order Filed on 9/2/2015 mailed to ROYCE CORLEY at courts' address of record. (mac) (Entered: 09/02/2015)
2015-09-2123NOTICE by ROYCE CORLEY (jf) (Entered: 09/25/2015)
2015-10-0224REPLY to opposition to motion re 18 MOTION for Summary Judgment filed by ERIC H. HOLDER, JR. (Attachments: # 1 Declaration David Hardy)(George, Jodi) (Entered: 10/02/2015)
2015-10-0225Memorandum in opposition to re 21 MOTION for Partial Summary Judgment MOTION for Leave to Discovery filed by ERIC H. HOLDER, JR. (Attachments: # 1 Declaration David Hardy)(George, Jodi) (Entered: 10/02/2015)
2015-10-0226NOTICE of Errata by ERIC H. HOLDER, JR re 18 MOTION for Summary Judgment (Attachments: # 1 Errata declaration with exhibits and MSJ)(George, Jodi) (Entered: 10/02/2015)
2015-12-1127EXHIBIT 10 by ROYCE CORLEY. (jf) (Entered: 12/15/2015)
2015-12-2928NOTICE OF SUBSTITUTION OF COUNSEL by Britney Berry on behalf of All Defendants Substituting for attorney JODI GEORGE (Berry, Britney) (Entered: 12/29/2015)
2016-03-3029MEMORANDUM OPINION AND ORDER granting in part and denying in part 18 Defendant's Motion for Summary Judgment; denying 21 Plaintiff's Motion for Partial Summary Judgment and for Leave to Take Discovery; directing Defendant to supplement the record by May 23, 2016, and to promptly file the FBI's Bates-numbered documents (see written opinion and order for details). Signed by Judge Emmet G. Sullivan on 3/30/16.(ah) (Entered: 03/30/2016)
2016-03-31Set/Reset Deadlines: Defendant to Supplement Record due by 5/23/2016. (mac) (Entered: 03/31/2016)
2016-04-1230EXHIBIT 11 by ROYCE CORLEY. "Leave to file GRANTED" signed by Judge Emmet G. Sullivan on 04/11/2016 (jf) (Entered: 04/12/2016)
2016-04-1331NOTICE of Appearance by Patricia K. McBride on behalf of All Defendants (McBride, Patricia) (Entered: 04/13/2016)
2016-05-2332Vaughn Index EOUSA from DOJ. (Attachments: # 1 Supplement Supplemental Vaughn, # 2 Appendix Bates pages)(McBride, Patricia) (Entered: 05/23/2016)
2016-06-1633NOTICE by ROYCE CORLEY "Let this be filed as Notice" by Judge Emmet G. Sullivan (zrdj) (Entered: 06/17/2016)
2016-07-2234NOTICE by ROYCE CORLEY. "Let this be filed as a Notice" signed by Judge Emmet G. Sullivan on 07/21/2016 (jf) (Entered: 07/22/2016)
2016-08-0835Second MOTION for Summary Judgment by PREET BHARARA, JAMES B. COMEY, ERIC H. HOLDER, JR, UNITED STATES OF AMERICA (Attachments: # 1 Declaration Supplemental Stone Declaration)(McBride, Patricia) (Entered: 08/08/2016)
2016-08-1136Order advising plaintiff to respond by September 26, 2016, to Defendants' Renewed Motion for Summary Judgment or risk entry of judgment for the defendants on what will be treated as a conceded motion (see written order for details). Signed by Judge Emmet G. Sullivan on 8/11/16.(ah) (Entered: 08/11/2016)
2016-08-11Set/Reset Deadlines: Plaintiff Response to Defendants' Renewed Motion For Summary Judgment due by 9/26/2016 (mac) (Entered: 08/11/2016)
2016-09-2937Memorandum in opposition to re 35 Second MOTION for Summary Judgment filed by ROYCE CORLEY. (jf) (Entered: 10/03/2016)
2016-09-2938MOTION for Partial Summary Judgment, MOTION for Leave to Take Discovery by ROYCE CORLEY (jf) (Entered: 10/03/2016)
2017-03-30Minute Order staying case pending resolution of 35 Second Motion for Summary Judgment. Signed by Judge Emmet G. Sullivan on 3/30/2017. (lcegs1) (Entered: 03/30/2017)
2017-03-30Case Stayed (mac) (Entered: 03/30/2017)
2017-11-1639MEMORANDUM OPINION AND ORDER lifting stay; granting in part and denying in part 35 Defendant's Renewed Motion for Summary Judgment; denying 38 Plaintiff's Motion for Partial Summary Judgment and for Discovery; directing Defendant to supplement the record by December 29, 2017 (see written opinion and order for details). Signed by Judge Emmet G. Sullivan on 11/16/17.(ah) Modified event title on 11/17/2017 (znmw). (Entered: 11/16/2017)
2017-12-2840NOTICE by PREET BHARARA, JAMES B. COMEY, ERIC H. HOLDER, JR, UNITED STATES OF AMERICA (Attachments: # 1 2nd Supp. Decl of Princina Stone, # 2 2nd Supp. Vaughn Index)(McBride, Patricia) (Entered: 12/28/2017)
2018-04-27MINUTE ORDER: Defendants have filed a Notice of Filing to Supplement the [Evidentiary] Record 40 with regard to EOUSA's withholdings in this FOIA case, but they have not moved for dispositive relief. Defendants shall file a motion for summary judgment no later than May 21, 2018. SO ORDERED. Signed by Judge Emmet G. Sullivan on 4/27/18.(ah) (Entered: 04/27/2018)
2018-04-30Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 5/21/2018. (mac) (Entered: 04/30/2018)
2018-05-1841MOTION for Extension of Time to file Defendant's Renewed Motion for Summary Judgment, by PREET BHARARA, JAMES B. COMEY, ERIC H. HOLDER, JR, UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 05/18/2018)
2018-05-21MINUTE ORDER granting 41 Defendants' Motion for an Extension of Time to June 12, 2018, to file renewed motion for summary judgment. SO ORDERED. Signed by Judge Emmet G. Sullivan on 5/21/18.(ah) (Entered: 05/21/2018)
2018-05-21Set/Reset Deadlines: Defendant Renewed Summary Judgment Motion due by 6/12/2018. (mac) (Entered: 05/21/2018)
2018-06-1242Second MOTION for Summary Judgment by PREET BHARARA, JAMES B. COMEY, ERIC H. HOLDER, JR, UNITED STATES OF AMERICA (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts)(McBride, Patricia) (Entered: 06/12/2018)
2018-06-1343Vaughn Index . (Attachments: # 1 Declaration 2nd Suppl. Stone Decl., # 2 Exhibit 2nd Discl. Letter)(McBride, Patricia) (Entered: 06/13/2018)
2018-06-1344Order advising plaintiff to respond by July 27, 2018, to defendants' second renewed motion for summary judgment, or risk entry of judgment for the defendants based solely on the uncontested assertions (see document for details). Signed by Judge Emmet G. Sullivan on 6/13/18.(ah) (Entered: 06/13/2018)
2018-06-13Set/Reset Deadlines: Plaintiff Response To Defendants' Second Renewed Motion For Summary Judgment due by 7/27/2018 (mac) (Entered: 06/13/2018)
2018-07-1145Memorandum in opposition to re 42 Second MOTION for Summary Judgment filed by ROYCE CORLEY. (jf) (Entered: 07/12/2018)
2018-07-1146Cross MOTION for Partial Summary Judgment, MOTION for Leave to take Discovery by ROYCE CORLEY (jf) (Entered: 07/12/2018)
2018-10-0947NOTICE of Change of Address by ROYCE CORLEY. (tth) (Entered: 10/12/2018)
2019-03-2948ORDER granting 42 Defendants' Renewed Motion for Summary Judgment; denying 46 Plaintiff's Motion for Partial Summary Judgment and for Discovery; entering judgment for the defendants on all claims and closing the case, for the reasons stated in the Memorandum Opinion issued separately this day and in the Memorandum Opinions filed on November 16, 2017, and March 30, 2016. Signed by Judge Emmet G. Sullivan on 3/29/19.(ah) (Entered: 03/29/2019)
2019-03-2949MEMORANDUM OPINION accompanying final order issued separately this day. Signed by Judge Emmet G. Sullivan on 3/29/19.(ah) (Entered: 03/29/2019)
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