Case Detail

FOIA Project Annotation: Judge Trevor McFadden has ruled that the FBI properly issued a Glomar response neither confirming nor denying the existence of records as to whether or not prisoner Anthony Rhodes was listed on the terrorist watchlist. Rhodes requested records about himself from the FBI. The agency told Rhodes it located no records about him, but indicated that it would neither confirm nor deny whether or not Rhodes was on the terrorist watchlist. Rhodes filed suit alleging "illegal acts" against him and asking for $250 million in punitive damages. The agency filed for summary judgment and Rhodes failed to respond. Ruling on whether the agency was entitled to summary judgment, McFadden approved of the agency's use of a Glomar response, noting that in Kalu v. IRS, 2015 WL 4077756 (D.D.C., July 1, 2015), Judge James Boasberg had approved the use of a Glomar response under the same circumstances. McFadden observed that in Kalu "Judge Boasberg concluded that the FBI 'is entitled to keep mum on the issue' because 'the agency's supplemental declaration provides reasonable and sufficiently specific reasons to justify its Glomar response in this case â€" namely, that anything other than a "neither confirm nor deny" response would tend to disclose at the very least "guidelines for law enforcement investigations or prosecutions" and that such disclosure "could reasonably be expected to risk circumvention of the law.'" Other courts have ruled similarly. Nothing supports a departure in this case."
Issues: Determination - Glomar response

Date Filed	Doc #	Docket Text
2016-06-14	1	COMPLAINT against FEDERAL BUREAU OF INVESTIGATION filed by ANTHONY RHODES. (Attachments: # 1 Civil Cover Sheet)(td) (Entered: 06/16/2016)
2016-06-14	2	MOTION for Leave to Proceed in forma pauperis by ANTHONY RHODES (td) (Entered: 06/16/2016)
2016-06-14		ORDER granting 2 Motion for Leave to Proceed in forma pauperis FIAT. Signed by Judge Christopher R. Cooper on 6/13/16.(See document no. 2 to view.) (td) (Entered: 06/16/2016)
2016-06-14	3	MOTION to Compel Preparation of a Vaughn Index by ANTHONY RHODES (td) (Entered: 06/16/2016)
2016-06-14	4	ORDER denying 3 Motion to Compel. Signed by Judge Christopher R. Cooper on 6/13/16. (See Order for further details) (td) (Entered: 06/16/2016)
2016-07-06	5	SUMMONS (3) Issued as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (md) (Entered: 07/06/2016)
2016-07-12	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/11/2016., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/12/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 8/11/2016.) (jf) (Entered: 07/13/2016)
2016-07-14	7	NOTICE of Appearance by Tammy Allison Holloway on behalf of FEDERAL BUREAU OF INVESTIGATION (Holloway, Tammy) (Entered: 07/14/2016)
2016-07-21	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 7/18/2016 (jf) (Entered: 07/22/2016)
2016-08-10	9	Defendant's ANSWER to 1 Complaint by FEDERAL BUREAU OF INVESTIGATION.(Holloway, Tammy) (Entered: 08/10/2016)
2016-09-08	10	MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Exhibit, # 4 Text of Proposed Order)(Holloway, Tammy) (Entered: 09/08/2016)
2016-09-14	12	MOTION to Compel by ANTHONY RHODES (znmw) (Entered: 09/30/2016)
2016-09-27	11	Order advising plaintiff to respond by November 14, 2016, to Defendant's motion for summary judgment or risk entry of judgment for Defendant on what will be treated as a conceded motion and dismissal of the case (see written order for details). Signed by Judge Ketanji Brown Jackson on 9/27/16.(ah) (Entered: 09/27/2016)
2016-09-27		Set/Reset Deadlines: Plaintiff to respond defendant's Motion 10 for Summary Judgment by 11/14/2016. (nbn) (Entered: 09/27/2016)
2016-09-30	13	Memorandum in opposition to re 12 MOTION to Compel filed by FEDERAL BUREAU OF INVESTIGATION. (Holloway, Tammy) (Entered: 09/30/2016)
2016-11-29	14	MOTION to Expedite Proceedings by ANTHONY RHODES. "Let this be filed" signed by Judge Ketanji Brown Jackson on 11/29/2016 (jf) (Entered: 11/30/2016)
2016-12-15	15	ORDER denying 12 Plaintiff's Motion to Compel; denying 14 Plaintiff's Motion to Expedite; enlarging the time to January 30, 2017, for Plaintiff to file a substantive response to Defendant's Motion for Summary Judgment (see written order for details). Signed by Judge Ketanji Brown Jackson on 12/15/16.(ah) (Entered: 12/15/2016)
2016-12-15		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 1/30/2017. (gdf) (Entered: 12/21/2016)
2017-06-28	16	NOTICE OF SUBSTITUTION OF COUNSEL by Joshua L. Rogers on behalf of FEDERAL BUREAU OF INVESTIGATION Substituting for attorney Tammy A Holloway (Rogers, Joshua) (Entered: 06/28/2017)
2017-07-06	17	MOTION for protection from stalking order by ANTHONY RHODES (jf) (Entered: 07/07/2017)
2017-07-06	18	MOTION to Compel by ANTHONY RHODES (jf) (Entered: 07/07/2017)
2017-07-20	19	RESPONSE re 18 MOTION to Compel filed by FEDERAL BUREAU OF INVESTIGATION. (Rogers, Joshua) (Entered: 07/20/2017)
2017-07-20	20	RESPONSE re 17 MOTION for protection from stalking order filed by FEDERAL BUREAU OF INVESTIGATION. (Rogers, Joshua) (Entered: 07/20/2017)
2017-08-30	21	MOTION to Expedite Proceedings by ANTHONY RHODES. "Let this be filed" signed by Judge Ketanji Brown Jackson on 08/30/2017 (jf) (Entered: 08/30/2017)
2017-09-12	22	RESPONSE re 21 MOTION to Expedite filed by FEDERAL BUREAU OF INVESTIGATION. (Rogers, Joshua) (Entered: 09/12/2017)
2017-11-02		Case directly reassigned to Judge Trevor N. McFadden. Judge Ketanji Brown Jackson is no longer assigned to the case. (ztnr) (Entered: 11/02/2017)
2018-01-19	23	MOTION for Default Judgment by ANTHONY RHODES (jf) (Entered: 01/22/2018)
2018-01-22		MINUTE ORDER denying Plaintiff's 23 Motion for Default Judgment. Federal defendants are allowed 60 days to answer most complaints, but limited to 30 days in cases arising under the Freedom of Information Act. Fed. R. Civ. P. 12(a)(2); 5 U.S.C. § 552(a)(4)(C). The record reflects that the United States Attorney General was served on July 11, 2016, the United States Attorney was served on July 12, 2016, and the Federal Bureau of Investigation was served on July 18, 2016. Accordingly, the Defendant's 9 Answer was timely filed on August 10, 2016, and the Plaintiff's 23 Motion for Default Judgment is denied. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/22/18. (lctnm1) (Entered: 01/22/2018)
2018-04-16		MINUTE ORDER: Plaintiff has challenged the Federal Bureau of Investigation's response to his Freedom of Information Act ("FOIA") request for records about himself. The FBI has moved for summary judgment, contending that it has satisfied its obligations under FOIA by conducting a reasonably adequate search but locating no responsive records. The complaint, however, is based on the FBI's invocation of FOIA Exemption 7(E) to neither confirm nor deny the existence of Plaintiff's name on any watch lists ("Glomar response"). See Compl. for Injunctive Relief, para. 8. Defendant has not addressed this claim. Accordingly, the motion for summary judgment 10 is held in abeyance, and Defendant is ordered to supplement the record in this regard by May 14, 2018. Signed by Judge Trevor N. McFadden on 4/16/18.(ah) (Entered: 04/16/2018)
2018-04-16		Set/Reset Deadlines: Defendant's response to order of the Court due by 5/14/2018. (hmc) (Entered: 04/16/2018)
2018-05-14	24	Supplemental MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Declaration Exhibit A)(Rogers, Joshua) (Entered: 05/14/2018)
2018-05-21	25	ORDER advising Plaintiff to respond or the Court may deem Defendant's 24 Supplemental Motion for Summary Judgment conceded. Plaintiff's response is due by May 28, 2018. Signed by Judge Trevor N. McFadden on 5/21/18. (lctnm1) (Entered: 05/21/2018)
2018-05-22		Set/Reset Deadlines: Plaintiff's response to Defendant's 24 Supplemental Motion for Summary Judgment due by 5/28/2018. (hmc) (Entered: 05/22/2018)
2018-06-14	26	MEMORANDUM AND OPINION re Defendant's 10 24 Motions for Summary Judgment and Plaintiff's 17 18 21 Motions. Signed by Judge Trevor N. McFadden on 6/14/18. (lctnm1) (Entered: 06/14/2018)
2018-06-14	27	ORDER granting Defendant's 10 and 24 Motions for Summary Judgment and Denying Plaintiff's 17 , 18 , and 21 Motions. Signed by Judge Trevor N. McFadden on 6/14/18. (lctnm1) (Entered: 06/14/2018)
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