Case Detail

FOIA Project Annotation: Judge Beryl Howell has ruled that the FBI and the EOUSA properly responded to John Ford's multiple requests for records concerning his conviction for bank robbery, withholding records under Exemption 3 (other statutes) and Exemption 7 (law enforcement records). Ford challenged EOUSA's decision to withhold the testimony of a witness who testified before a grand jury. Howell noted that "regardless of whether grand jury testimony might support the plaintiff's claim of innocence, the EOUSA adequately demonstrates that release of the grand jury transcripts impermissibly would reveal the identity of a witness, evidence before the grand jury and the source of that evidence. Its decision to withhold grand jury information under Exemption 3 is proper." She approved the FBI's decision to withhold information provided by a local law enforcement agency under Exemption 7(D) (confidential sources), observing that "based on the [agency's] explanation of the cooperative arrangements the FBI maintains with local law enforcement agencies, and this local law enforcement agency's specific request that the information it provided not be disclosed, the FBI adequately demonstrates that its reliance on Exemption 7(D) is proper." Ford insisted that disclosure of the video recording from the bank's cameras would support his innocence, but Howell agreed with the FBI that the recording was protected by Exemption 7(E) (investigative methods or techniques). She pointed out that "even if some cameras are 'visible' as a deterrent, other cameras may be placed at angles or in areas unknown to the public and disclosure of this information could" risk circumvention of bank surveillance systems.
Issues: Exemption 7 - Law enforcement records, Exemption 3 - Limited agency discretion

Date Filed	Doc #	Docket Text
2015-06-02	1	COMPLAINT against DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. ATTORNEY GENERAL, U.S. ATTORNEYS OFFICE N.D. ILLINOIS, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY filed by JOHN A. FORD. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 06/03/2015)
2015-06-02		SUMMONS (7) Issued as to DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. ATTORNEY GENERAL, U.S. ATTORNEYS OFFICE N.D. ILLINOIS, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY and U.S. Attorney (rdj) (Entered: 06/03/2015)
2015-06-02	2	MOTION for Leave to Proceed in forma pauperis by JOHN A. FORD (rdj) (Entered: 06/03/2015)
2015-06-02	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by JOHN A. FORD (zrdj) (Entered: 06/03/2015)
2015-06-02	4	ORDER directing an initial partial filing fee in the amount of $51.76 be made from Prison Account of JOHN A. FORD ; further ordered, granting 2 MOTION for Leave to Proceed in forma pauperis(See Order for full details). Signed by Judge Emmet G. Sullivan on 5/26/2015. (rdj) (Entered: 06/03/2015)
2015-06-09	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/08/2015. (jf) (Entered: 06/10/2015)
2015-06-12	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/10/2015. Answer due for ALL FEDERAL DEFENDANTS by 8/9/2015. (zrdj) (Entered: 06/15/2015)
2015-06-19	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 6/17/2015; EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS served on 6/17/2015; UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY served on 6/17/2015 (zrdj) (Entered: 06/22/2015)
2015-07-07	8	NOTICE of Appearance by Eric Joseph Young on behalf of DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. ATTORNEY GENERAL, U.S. ATTORNEYS OFFICE N.D. ILLINOIS, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY (Young, Eric) (Entered: 07/07/2015)
2015-07-07	9	First MOTION for Extension of Time to File Answer or dispositive motion by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. ATTORNEY GENERAL, U.S. ATTORNEYS OFFICE N.D. ILLINOIS, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY (Young, Eric) (Entered: 07/07/2015)
2015-07-14		MINUTE ORDER: Defendants' 9 Motion for Extension of Time is granted, and their Answer or other response to the Complaint is due by November 1, 2015. Signed by Judge Beryl A. Howell on 7/14/15. (ms) (Entered: 07/14/2015)
2015-07-14		Set/Reset Deadlines: Answer to the Complaint due by 11/1/2015. (tg) (Entered: 07/14/2015)
2015-08-03	10	NOTICE of Change of Address by JOHN A. FORD (zrdj) (Entered: 08/06/2015)
2015-08-20	11	MOTION for Filing Fee to be Adjusted by JOHN A. FORD (zrdj) (Entered: 08/21/2015)
2015-09-01	12	ORDER denying 11 "Motion for Plaintiff Ford's Filing Fee To Be Adjusted." Signed by Judge Beryl A. Howell on 9/1/15. (ms) (Entered: 09/01/2015)
2015-09-28	13	MOTION U.S. ATTORNEY'S NOT BE GRANTED AN EXTENSION BEYOND NOVERMBER 1st 2015, MOTION for Order TO PRESERVE ALL EVIDENCE by JOHN A. FORD (zrdj) (Entered: 09/30/2015)
2015-10-09	14	NOTICE OF SUBSTITUTION OF COUNSEL by Caitlin O'Leary Trujillo on behalf of All Defendants Substituting for attorney Eric J. Young (Trujillo, Caitlin) (Entered: 10/09/2015)
2015-10-15	15	Memorandum in opposition to re 13 MOTION u. S. ATTORNEY rs NOT BE GRANTED MOTION for Order filed by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. ATTORNEY GENERAL, U.S. ATTORNEYS OFFICE N.D. ILLINOIS, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY. (Attachments: # 1 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 10/15/2015)
2015-10-27	16	MOTION for Extension of Time to answer or prepare dispositive motion by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. ATTORNEY GENERAL, U.S. ATTORNEYS OFFICE N.D. ILLINOIS, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY (Attachments: # 1 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 10/27/2015)
2015-11-03		MINUTE ORDER: It is hereby ordered that Plaintiff's "Motion #1 that Special Assistant U.S. Attorneys Not Be Granted an Extension Beyond November 1st 2015 to File Reply/Motion" and "Motion #1 Federal Bureau of Investigation Be Ordered By This Court to Preserve All Evidence in U.S. v. Ford (#09-cr-846/ND.IL.)" 13 13 are DENIED. It is further ordered that Defendant's Motion for Enlargement of Time 16 is GRANTED, and its dispositive motion is due by December 15, 2015. Signed by Judge Beryl A. Howell on 11/3/15. (ms) (Entered: 11/03/2015)
2015-11-03		Set/Reset Deadlines: Defendant's Dispositive Motion due by 12/15/2015. (tg) (Entered: 11/03/2015)
2015-11-23	17	MOTION #1 that Special Assistant U.S. Attorney not be granted a #3 Extension Beyond Current Time Enlargement of December 15, 2015 and #2 that District Court Judge Clarify Denial of Plaintiff's Motion to Preserve All Evicence by JOHN A. FORD (td) (Entered: 11/25/2015)
2015-12-15	18	MOTION for Summary Judgment by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. ATTORNEY GENERAL, U.S. ATTORNEYS OFFICE N.D. ILLINOIS, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY (Attachments: # 1 Defendants' Statement of Material Facts As To Which There is No Genuine Dispute, # 2 Memorandum in Support Memorandum of Points and Authorities In Support of Defendants Motion for Summary Judgment, # 3 Declaration of David Hardy, # 4 Exhibit David Hardy's Exhibits A-KK, # 5 Declaration of Vinay Jolly, # 6 Exhibit Vinay Jolly's Exhibits A-Z, # 7 Declaration of Sharon Getty, # 8 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 12/15/2015)
2015-12-16	19	ERRATA to Certificate of Service by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. ATTORNEY GENERAL, U.S. ATTORNEYS OFFICE N.D. ILLINOIS, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY 18 MOTION for Summary Judgment filed by U.S. ATTORNEYS OFFICE N.D. ILLINOIS, DEPARTMENT OF JUSTICE, U.S. ATTORNEY GENERAL, EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, FEDERAL BUREAU OF INVESTIGATION. (Trujillo, Caitlin) (Entered: 12/16/2015)
2015-12-16	20	Order advising plaintiff to respond by 1/29/2016 to defendants' 18 Motion for Summary Judgment, or the Court may treat the motion as conceded. Signed by Judge Beryl A. Howell on 12/16/15. (ms) (Entered: 12/16/2015)
2015-12-16		MINUTE ORDER: Plaintiff's 17 Motion for Order is denied. Signed by Judge Beryl A. Howell on 12/16/15. (ms) (Entered: 12/16/2015)
2015-12-16		Set/Reset Deadlines: Plaintiff's Response to Motion for Summary Judgment due by 1/29/2016. (tg) (Entered: 12/16/2015)
2015-12-28	21	MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Summary Judgment by JOHN A. FORD (zrdj) (Entered: 12/30/2015)
2016-01-07		MINUTE ORDER: It is hereby ORDERED that, not later than January 15, 2016, the defendants shall serve a copy of their motion for summary judgment [ECF No. 18] on plaintiff at his current address of record. It is further ORDERED that the plaintiff's motion for an extension of time 21 is granted, and the deadline for his opposition or other response to the defendants' motion is extended to February 29, 2016. Signed by Judge Beryl A. Howell on 1/6/16. (ms) (Entered: 01/07/2016)
2016-01-07		Set/Reset Deadlines: Defendants deadline to serve a copy of their 18 motion for summary judgment on plaintiff due by 1/15/2016; Plaintiff's Response to Motion for Summary Judgment due by 2/29/2016. (tg) (Entered: 01/07/2016)
2016-01-07	22	NOTICE of Compliance with Court Order by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. ATTORNEY GENERAL, U.S. ATTORNEYS OFFICE N.D. ILLINOIS, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY re Set/Reset Deadlines (Attachments: # 1 Certified Mail Receipt)(Trujillo, Caitlin) (Entered: 01/07/2016)
2016-01-21	23	Letter to the Court from JOHN A. FORD "Leave to file GRANTED" by Judge Beryl A. Howell (zrdj) (Entered: 01/27/2016)
2016-01-28	24	NOTICE of Filing Delivery Confirmation by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. ATTORNEY GENERAL, U.S. ATTORNEYS OFFICE N.D. ILLINOIS, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY re 22 Notice (Other), 23 Letter (Attachments: # 1 USPS Delivery Confirmation)(Trujillo, Caitlin) (Entered: 01/28/2016)
2016-02-01	25	Memorandum in opposition to re 18 MOTION for Summary Judgment filed by JOHN A. FORD. (zrdj) (Entered: 02/02/2016)
2016-02-09	26	MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. ATTORNEY GENERAL, U.S. ATTORNEYS OFFICE N.D. ILLINOIS, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY (Attachments: # 1 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 02/09/2016)
2016-02-10		MINUTE ORDER: The defendants' 26 Motion for Extension of Time is granted, and their Reply re 18 MOTION for Summary Judgment is due by 2/25/2016. Signed by Judge Beryl A. Howell on 2/10/16. (ms) (Entered: 02/10/2016)
2016-02-10		Set/Reset Deadlines: Defendants' Reply re 18 Motion for Summary Judgment due by 2/25/2016. (tg) (Entered: 02/10/2016)
2016-02-25	27	MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition to Defendants Motion for Summary Judgment by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. ATTORNEY GENERAL, U.S. ATTORNEYS OFFICE N.D. ILLINOIS, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY (Attachments: # 1 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 02/25/2016)
2016-02-26	28	MOTION for Leave to File a reply by JOHN A. FORD (zrdj) (Entered: 03/01/2016)
2016-03-02		MINUTE ORDER: The defendants' 27 Motion for Extension of Time is granted, and their Reply is due by March 4, 2016. The plaintiff's 28 Motion for Leave to File is granted, and his Surreply is due by April 1, 2016. Signed by Judge Beryl A. Howell on 3/2/16. (ms) (Entered: 03/02/2016)
2016-03-02		Set/Reset Deadlines: Defendants' Reply due by 3/4/2016; Plaintiff's Surreply due by 4/1/2016. (tg) (Entered: 03/02/2016)
2016-03-04	29	REPLY to opposition to motion re 18 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. ATTORNEY GENERAL, U.S. ATTORNEYS OFFICE N.D. ILLINOIS, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY. (Attachments: # 1 Declaration of David Hardy (supplemental))(Trujillo, Caitlin) (Entered: 03/04/2016)
2016-03-21	30	MOTION for Extension of Time to REPLY, MOTION BE SERVED A COPY OF DEFENDANTS SURREPLY BRIEF by JOHN A. FORD (zrdj) (Entered: 03/23/2016)
2016-03-23		MINUTE ORDER: It is hereby ordered that the "Motion: That Plaintiff Ford Be Served a Copy of Defendant[]s Surreply Brief; That Ford Be Granted a Further Extension To Reply (30 days) Until May 1st 2016. (Per Fed. R. Civ[. P.] 6(B))" 30 30 is granted. The defendant shall send a copy of its Reply in Support of Defendant's Motion for Summary Judgment to the plaintiff at his current address of record by March 28, 2016. The plaintiff shall file his surreply by May 2, 2016. Signed by Chief Judge Beryl A. Howell on 3/23/16. (ms) (Entered: 03/23/2016)
2016-03-24		Set/Reset Deadlines: Defendant's service of copy of its Reply in Support of Defendant's Motion for Summary Judgment to the plaintiff due by 3/28/2016; Plaintiff's surreply due by 5/2/2016. (tg) (Entered: 03/24/2016)
2016-03-24	31	NOTICE of Compliance with Court's March 23, 2016 Order by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. ATTORNEY GENERAL, U.S. ATTORNEYS OFFICE N.D. ILLINOIS, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY (Attachments: # 1 Reply in Support of Summary Judgment, # 2 Certified Mail Receipt)(Trujillo, Caitlin) (Entered: 03/24/2016)
2016-04-20	32	SURREPLY to re 18 MOTION for Summary Judgment filed by JOHN A. FORD. (zrdj) "Leave to file GRANTED" by Chief Judge Beryl A. Howell (Entered: 04/21/2016)
2016-05-02	33	Letter to the Court from JOHN A. FORD "Leave to file GRANTED" by Chief Judge Beryl A. Howell (zrdj) (Entered: 05/02/2016)
2016-05-13	34	NOTICE OF SUBSTITUTION OF COUNSEL by Michael Benjamin Posner on behalf of DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. ATTORNEY GENERAL, U.S. ATTORNEYS OFFICE N.D. ILLINOIS, UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY Substituting for attorney Caitlin O'Leary Trujillo (Posner, Michael) (Entered: 05/13/2016)
2016-09-22	35	ORDER granting 18 Defendants' Motion for Summary Judgment. This is a final appealable Order. Signed by Chief Judge Beryl A. Howell on 9/21/16. (ms) (Entered: 09/22/2016)
2016-09-22	36	MEMORANDUM AND OPINION. Signed by Chief Judge Beryl A. Howell on 9/21/16. (ms) (Entered: 09/22/2016)
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