Case Detail

FOIA Project Annotation: A federal court in Virginia has ruled that the U.S. Patent and Trademark Office conducted an adequate search for records concerning its investigation of Louis Piccone, a member of the patent bar from Pennsylvania who was accused of unauthorized practice of law for representing individuals in custody matters in jurisdictions where he was not admitted to practice. The agency conducted an investigation of Piccone and he filed a FOIA request for records concerning the investigation. The agency initially withheld most records under Exemption 7(A) (ongoing investigation or proceeding), but after concluding the investigation, the agency disclosed more than 2,000 pages. Piccone argued the search was inadequate because it was limited to the two individuals at the agency who were responsible for the investigation of Piccone. The court found that "while this search was 'limited to only those individuals involved in the investigation into Mr. Piccone's misconduct,' it was also 'expansive enough to encompass all of the individuals most likely to contain responsive information.'" Piccone challenged the search's failure to find emails from several state bar associations contacted by the agency. But the court observed that "defendants more than adequately explain this apparent discrepancy however, by pointing out that the documents Plaintiff points to themselves reference 'email and phone' communications. While there were records of the email communications with the Massachusetts Board of Bar Examiners which could be discovered and disclosed, there were no records of phone conversations with the Pennsylvania Board of Bar Examiners." Piccone argued the agency should have turned over records of phone calls related to the investigation. The agency replied that "no telephone records specific to his investigationâ€"or even [similar] investigations generallyâ€"exist." The court agreed, noting that "the USPTO has no way of knowing which phone calls in their call logs were related to Plaintiff's case. It is therefore reasonable not to include call logs in their response to Plaintiff's FOIA request."
Issues: Search - Reasonableness of search

Date Filed	Doc #	Docket Text
2015-04-23	1	COMPLAINT with Jury Demand against William Covey, Dahlia George, William Griffin, John and Jane Doe 1-5, Michele Lee, The United States Patent and Trademark Office, filed by Louis A. Piccone. (Attachments: # 1 Civil Cover Sheet, # 2 Letter)(klau, ) (Entered: 04/24/2015)
2015-04-23	2	MOTION for Leave to Proceed in forma pauperis by Louis A. Piccone. (klau, ) (Entered: 04/24/2015)
2015-04-23	3	MOTION to be Signed Up for ECF System Upon Filing of Complaint by Louis A. Piccone. (klau, ) (Additional attachment(s) added on 4/30/2015: # 1 attachment) (klau, ). (Entered: 04/30/2015)
2015-04-30	4	Sealed ORDER granting 2 MOTION for Leave to Proceed in forma pauperis. Signed by District Judge James C. Cacheris on 4/30/15. Copy mailed to plaintiff.(klau, ) (Main Document 4 replaced on 4/30/2015) (klau, ). (Entered: 04/30/2015)
2015-05-04	5	ORDER denying 3 Motion to be Signed Up for ECF System Upon Filing of Complaint. Plaintiff is directed to file a Pro-Se E-Noticing Consent and Registration Form to Receive Documents Electronically if he wishes to receive electronic notices of filings in this case. Signed by Magistrate Judge Theresa Carroll Buchanan on 5/4/15. Copy mailed: yes (klau, ) (Entered: 05/04/2015)
2015-05-11	6	MOTION for Pro Se E-Noticing by Louis A. Piccone. (Attachments: # 1 Envelope)(klau, ) (Entered: 05/11/2015)
2015-05-12	7	ORDER granting 6 Motion for Pro Se E-Noticing. Signed by District Judge James C. Cacheris on 5/12/15. (klau, ) (Entered: 05/12/2015)
2015-05-20	8	Summons Issued and given to US Marshal for service as to William Covey, Dahlia George, William Griffin, Michele Lee, The United States Patent and Trademark Office, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Letter)(klau, ) (Entered: 05/20/2015)
2015-06-05	9	SUMMONS Returned Executed as to Michele Lee (klau, ) (Entered: 06/08/2015)
2015-06-05	10	SUMMONS Returned Executed as to William Covey served on 6/3/15. (klau, ) (Entered: 06/08/2015)
2015-06-05	11	SUMMONS Returned Executed as to William Griffin served on 6/3/15. (klau, ) (Entered: 06/08/2015)
2015-06-05	12	SUMMONS Returned Executed as to Dahlia George served on 6/3/15. (klau, ) (Entered: 06/08/2015)
2015-06-05	13	SUMMONS Returned Executed as to The United States Patent and Trademark Office served on 6/3/15. (klau, ) (Entered: 06/08/2015)
2015-06-05	14	SUMMONS Returned Executed as to U.S. Attorney served on 6/2/2015, answer due 8/3/2015. (klau, ) (Entered: 06/08/2015)
2015-06-15	15	Affidavit of Service Returned Executed as to U.S. Attorney General. (klau, ) (Entered: 06/17/2015)
2015-06-26	16	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by The United States Patent and Trademark Office. (Attachments: # 1 Proposed Order)(Kimball, Kimere) (Entered: 06/26/2015)
2015-06-30	17	ORDER granting 16 Motion for Extension of Time to Answer. ORDERED that the United States Patent and Trademark Office shall file its response to the entirety of the above-captioned complaint on or before August 3, 2015. Signed by District Judge James C. Cacheris on 6/30/15. (klau, ) (Entered: 07/01/2015)
2015-08-03	18	MOTION to Dismiss for Failure to State a Claim with Roseboro,. by William Covey, Dahlia George, William Griffin, Michele Lee. (Attachments: # 1 Roseboro Notice)(Kimball, Kimere) (Entered: 08/03/2015)
2015-08-03	19	Memorandum in Support re 18 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by William Covey, Dahlia George, William Griffin, Michele Lee. (Attachments: # 1 Exhibit DEX 1 (OED Disciplinary Complaint))(Kimball, Kimere) (Entered: 08/03/2015)
2015-08-03	20	Notice of Hearing Date set for September 25, 2015 re 18 MOTION to Dismiss for Failure to State a Claim with Roseboro,. (Kimball, Kimere) (Entered: 08/03/2015)
2015-08-03	21	Notice of Hearing Date CORRECTED set for September 24, 2015 re 18 MOTION to Dismiss for Failure to State a Claim with Roseboro,. (Kimball, Kimere) (Entered: 08/03/2015)
2015-08-03	22	MOTION to Dismiss for Lack of Jurisdiction with Roseboro,. by The United States Patent and Trademark Office. (Attachments: # 1 Roseboro Notice)(Kimball, Kimere) (Entered: 08/03/2015)
2015-08-03	23	MOTION to Dismiss for Failure to State a Claim with Roseboro,. by The United States Patent and Trademark Office. (Attachments: # 1 Roseboro Notice)(Kimball, Kimere) (Entered: 08/03/2015)
2015-08-03	24	MOTION for Summary Judgment with Roseboro,. by The United States Patent and Trademark Office. (Attachments: # 1 Roseboro Notice)(Kimball, Kimere) (Entered: 08/03/2015)
2015-08-03	25	Notice of Hearing Date set for 9/24/15 re 22 MOTION to Dismiss for Lack of Jurisdiction with Roseboro,., 23 MOTION to Dismiss for Failure to State a Claim with Roseboro,., 24 MOTION for Summary Judgment with Roseboro,. (Kimball, Kimere) (Entered: 08/03/2015)
2015-08-03	26	Memorandum in Support re 22 MOTION to Dismiss for Lack of Jurisdiction with Roseboro,., 23 MOTION to Dismiss for Failure to State a Claim with Roseboro,., 24 MOTION for Summary Judgment with Roseboro,. filed by The United States Patent and Trademark Office. (Attachments: # 1 Exhibit DEX 1 (George Decl), # 2 Exhibit DEX 2 (OED Complaint), # 3 Exhibit DEX 3 (OED Discovery Order), # 4 Exhibit DEX 4 (OED Exhibit List), # 5 Exhibit DEX 5 (Siehndel Decl), # 6 Exhibit DEX 6 (Robinson Decl), # 7 Exhibit DEX 7 (Villarreal Decl), # 8 Exhibit DEX 8 (Heaton Decl and Vaughn Index))(Kimball, Kimere) (Entered: 08/03/2015)
2015-08-04		Set Deadlines as to 18 MOTION to Dismiss for Failure to State a Claim with Roseboro,.. Motion Hearing set for 9/25/2015 at 10:00 AM in Alexandria Courtroom 1000 before District Judge James C. Cacheris. (clar, ) (Entered: 08/04/2015)
2015-08-04		Set/Reset Deadlines as to 24 MOTION for Summary Judgment with Roseboro, 18 MOTION to Dismiss for Failure to State a Claim with Roseboro, 22 MOTION to Dismiss for Lack of Jurisdiction with Roseboro, 23 MOTION to Dismiss for Failure to State a Claim with Roseboro. Motion Hearing set for 9/24/2015 at 10:00 AM before District Judge James C. Cacheris. (clar, ) (Entered: 08/04/2015)
2015-08-12	27	Joint MOTION for Extension of Time to File Response/Reply as to 22 MOTION to Dismiss for Lack of Jurisdiction with Roseboro,., 23 MOTION to Dismiss for Failure to State a Claim with Roseboro,., 24 MOTION for Summary Judgment with Roseboro,., 18 MOTION to Dismiss for Failure to State a Claim with Roseboro,. by William Covey, Dahlia George, William Griffin, Michele Lee, The United States Patent and Trademark Office. (Attachments: # 1 Proposed Order)(Kimball, Kimere) (Entered: 08/12/2015)
2015-08-12	28	ORDER granting Motion 27 for Extension of Time to File Response/Reply. Upon consideration of the parties' joint motion for an enlargement of time and for good cause shown, it is hereby ORDERED that the joint motion is GRANTED; the following briefing schedule shall apply: Plaintiffs' responses to the individual-capacity defendants' motion to dismiss 18 and to the USPTO's motion to dismiss and for summary judgment 22 , 23 , 24 shall be due September 14, 2015; defendants' replies in support of their motions shall be due September 28, 2015; the hearings on Defendants' motions noticed for September 24, 2015 21 , 25 shall be continued until October 15, 2015. Signed by District Judge James C. Cacheris on 08/12/2015. (mpha) (Entered: 08/13/2015)
2015-08-12		Set/Reset Deadlines as to motions 18 , 22 , 23 , 24 : Motion Hearing reset for 10/15/2015 at 10:00 AM in Alexandria Courtroom 1000 before District Judge James C. Cacheris. See Order 28 . (mpha) (Entered: 08/13/2015)
2015-09-23	29	Opposition to 18 MOTION to Dismiss [ (Attachments: # 1 Envelope)(klau, ) Modified on 10/1/2015 to link to 18 instead of 23(gwalk, ). (Entered: 09/24/2015)
2015-09-23	30	Combined MOTION for Summary Judgment that the USPTO Improperly Withheld Agency Records by Louis A. Piccone. (klau, ) (Entered: 09/24/2015)
2015-09-23	31	Opposition to USPTO's 22 MOTION to Dismiss for Lack of Jurisdiction with Roseboro,., 23 MOTION to Dismiss for Failure to State a Claim with Roseboro,., 24 MOTION for Summary Judgment with Roseboro,. filed by Louis A. Piccone. (klau, ) (Entered: 09/24/2015)
2015-09-23	32	Declaration in Support re 30 MOTION for Summary Judgment, 31 Opposition, by Louis A. Piccone. (klau, ) (Entered: 09/24/2015)
2015-09-28	33	REPLY to Response to Motion re 18 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by William Covey, Dahlia George, William Griffin, Michele Lee. (Kimball, Kimere) (Entered: 09/28/2015)
2015-09-28	34	REPLY to Response to Motion re 22 MOTION to Dismiss for Lack of Jurisdiction with Roseboro,., 23 MOTION to Dismiss for Failure to State a Claim with Roseboro,., 24 MOTION for Summary Judgment with Roseboro,. filed by The United States Patent and Trademark Office. (Attachments: # 1 Exhibit DEX 9 (Griffin Decl), # 2 Exhibit DEX 10 (Supp George Decl), # 3 Exhibit DEX 11 (Supp Heaton Decl with Supp Vaughn Index), # 4 Exhibit DEX 12 (Supp Robinson Decl), # 5 Exhibit DEX 13 (Mendel Decl), # 6 Exhibit DEX 14 (Oleksa Decl), # 7 Exhibit DEX 15 (Kepler Decl), # 8 Exhibit DEX 16 (Espinoza Decl))(Kimball, Kimere) (Entered: 09/28/2015)
2015-09-28	35	RESPONSE in Opposition re 30 MOTION for Summary Judgment filed by The United States Patent and Trademark Office. (Attachments: # 1 Exhibit DEX 9 (Griffin Decl), # 2 Exhibit DEX 10 (Supp George Decl), # 3 Exhibit DEX 11 (Supp Heaton Decl), # 4 Exhibit DEX 12 (Supp Robinson Decl), # 5 Exhibit DEX 13 (Mendel Decl), # 6 Exhibit DEX 14 (Oleksa Decl), # 7 Exhibit DEX 15 (Kepler Decl), # 8 Exhibit DEX 16 (Espinoza Decl))(Kimball, Kimere) (Entered: 09/28/2015)
2015-10-15	36	Minute Entry for proceedings held before District Judge James C. Cacheris: Motion Hearing held on 10/15/2015. Appearance of plaintiff pro se and counsel for defendants. Defendants' Michelle Lee, William Covey, William Griffin, and Dahlia George's 18 Motion to Dismiss and Defendant USPTOs 22 / 23 / 24 Motions to Dismiss and for Summary Judgment - argued and taken under advisement. (Court Reporter: J. Egal)(tarm) (Entered: 10/15/2015)
2015-10-15	37	Consented MOTION to Request to Extend Time Out of Time One Day and Request to Allow Oversize Brief by Louis A. Piccone. (klau, ) (Entered: 10/15/2015)
2015-10-19	38	ORDER granting 37 Motion to Request to Extend Time Out of Time One Day and Request to Allow Oversize Brief. Signed by Magistrate Judge Theresa Carroll Buchanan on 10/19/15. (klau, ) (Entered: 10/19/2015)
2015-10-27	39	MEMORANDUM OPINION re Defendants Motion to Dismiss and Summary Judgment. Signed by District Judge James C. Cacheris on 10/27/15. (klau, ) (Entered: 10/27/2015)
2015-10-27	40	ORDER that (1) Defendants' 18 22 23 Motions to Dismiss are GRANTED. (2) Defendants' 24 Motion for Summary Judgment is GRANTED --- This Order is FINAL. Signed by District Judge James C. Cacheris on 10/27/15. (klau, ) (Entered: 10/27/2015)
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