Case Detail

FOIA Project Annotation: Judge Randolph Moss has dismissed Clarence Baldwin's FOIA litigation against the Small Business Administration after finding Baldwin failed to identify any records he was seeking. Baldwin submitted two FOIA requests to the agency posing a series of questions to which he wanted the agency to respond. The agency initially indicated it was not obligated under FOIA to respond to questions, but ultimately decided to disclose 327 pages it believed responded to Baldwin's queries. Baldwin then contacted the agency, complaining that the records did not answer all his questions. The agency then asked Baldwin to identify records he believed would satisfy his queries. He refused to do so and the agency asked Moss to dismiss the case for failure to prosecute. Moss decided there was no point in prolonging the proceedings. He noted that "Baldwin was on clear notice from the Court and the SBA that, in order to proceed, he would need to identify particular agency records that he alleges the SBA failed to release; he was provided ample opportunity to do; and he declined that invitation." Moss added that "despite opportunities to argue otherwise, Baldwin has declined to disavow what appears evident on the face of his complaintâ€"that is, that he seeks to compel the SBA to answer questions and not release agency records. Understood in this manner, the complaint fails to state a claim under any plausible reading of FOIA."
Issues: Request - Perfected request

Date Filed	Doc #	Docket Text
2016-06-29	1	COMPLAINT against SMALL BUSINESS ADMINISTRATION filed by CLARENCE E. BALDWIN. (Attachments: # 1 Civil Cover Sheet)(zrdj) (Entered: 06/29/2016)
2016-06-29	2	MOTION for Leave to Proceed in forma pauperis by CLARENCE E. BALDWIN (zrdj) (Entered: 06/29/2016)
2016-06-29		FIAT ORDER granting 2 Motion for Leave to Proceed in forma pauperis "Leave to file without prepayment of costs GRANTED". Signed by Judge Christopher R. Cooper on 6/28/2016. (zrdj) (Entered: 06/29/2016)
2016-06-29		Initiating Pleading & IFP Application Received on 6/17/2016. (zrdj) (Entered: 06/29/2016)
2016-06-29	3	STANDING ORDER: The parties are hereby ORDERED to comply with the directives set out in the attached standing order. See order for details. Signed by Judge Randolph D. Moss on 6/29/2016. (lcrdm2, ) (Entered: 06/29/2016)
2016-06-29	4	SUMMONS (1) Issued as to SMALL BUSINESS ADMINISTRATION. (jd) (Entered: 06/29/2016)
2016-07-12	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SMALL BUSINESS ADMINISTRATION served on 7/12/2016 (zrdj) (Entered: 07/13/2016)
2016-07-14	6	SUMMONS (2) Issued as to U.S. Attorney and U.S. Attorney General (jd) (Entered: 07/14/2016)
2016-07-21	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/18/2016., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/18/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 8/17/2016.) (zrdj) (Entered: 07/25/2016)
2016-07-28	8	NOTICE of Appearance by Daniel Patrick Schaefer on behalf of SMALL BUSINESS ADMINISTRATION (Schaefer, Daniel) (Entered: 07/28/2016)
2016-08-16	9	MOTION for Extension of Time to File Answer re 1 Complaint by SMALL BUSINESS ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 08/16/2016)
2016-08-19		MINUTE ORDER: Upon consideration of the defendant's motion for an extension of time 9 , it is hereby ORDERED that the parties shall meet and confer regarding the motion and shall report to the Court whether the request for an extension of time is opposed on or before August 26, 2016. It is further ORDERED that deadline for defendant to answer or otherwise respond to the complaint be extended to August 26, 2016, pending further order of the Court. Signed by Judge Randolph D. Moss on 8/19/2016. (lcrdm2, ) (Entered: 08/19/2016)
2016-08-22		Set/Reset Deadlines: The parties shall meet and confer regarding the motion and shall report to the Court whether the request for an extension of time is opposed on or before 8/26/2016; The deadline for defendant to answer or otherwise respond to the complaint is extended to 8/26/2016.(kt) (Entered: 08/22/2016)
2016-08-26	10	NOTICE by SMALL BUSINESS ADMINISTRATION re Order on Motion for Extension of Time to Answer,, (Schaefer, Daniel) (Entered: 08/26/2016)
2016-08-30		MINUTE ORDER: Upon consideration of the defendant's motion for an extension of time 9 , and notice regarding the motion for an extension of time 10 , it is hereby ORDERED that plaintiff shall provide defendant with notice of the documents he believes to be missing from the productions defendant has provided so far on or before September 8, 2016. It is further ORDERED that the defendant shall answer or otherwise respond to the complaint on or before October 8, 2016. Signed by Judge Randolph D. Moss on 8/30/2016. (lcrdm2, ) (Entered: 08/30/2016)
2016-08-30		Set/Reset Deadlines: Plaintiff shall provide defendant with notice of the documents he believes to be missing from the productions defendant has provided so far on or before 9/8/2016; Defendant shall answer or otherwise respond to the complaint on or before 10/8/2016. (kt) (Entered: 08/30/2016)
2016-10-07	11	MOTION to Dismiss for Lack of Prosecution by SMALL BUSINESS ADMINISTRATION (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Text of Proposed Order)(Schaefer, Daniel) (Entered: 10/07/2016)
2016-10-11	12	ORDER: Upon consideration of defendant's motion for an extension of time to answer 9 , the motion is GRANTED, and the defendant shall answer or otherwise respond to the complaint within 10 days of the resolution of the pending motion to dismiss for lack of prosecution 11 . Plaintiff is hereby ORDERED either to produce the list of records he still seeks or respond to the motion to dismiss for lack of prosecution on or before November 1, 2016. Failure to provide the list of missing records or to show good cause for failure to do so may result in dismissal of this action for failure to prosecute. See attached document. Signed by Judge Randolph D. Moss on 10/11/2016. (lcrdm2, ) (Entered: 10/11/2016)
2016-10-11		Set/Reset Deadlines: Plaintiff to either produce the list of records he still seeks or respond to the motion to dismiss for lack of prosecution on or before 11/1/2016. (kt) (Entered: 10/11/2016)
2016-11-03	13	MOTION for Extension of Time by CLARENCE E. BALDWIN (zrdj) (Entered: 11/04/2016)
2016-11-07		MINUTE ORDER: Upon consideration of plaintiff's motion for an extension of time 13 , the motion is hereby GRANTED, and plaintiff must produce the list of records he still seeks or respond to the motion to dismiss for lack of prosecution on or before November 10, 2016. Failure to provide the list of missing records or to show good cause for failure to do so may result in dismissal of this action for failure to prosecute. Signed by Judge Randolph D. Moss on 11/7/2016. (lcrdm2, ) (Entered: 11/07/2016)
2016-11-08		Set/Reset Deadlines: Plaintiff must produce the list of records he still seeks or respond to the motion to dismiss for lack of prosecution on or before 11/10/2016. (kt) (Entered: 11/08/2016)
2016-11-23	14	Memorandum in opposition to re 11 MOTION to Dismiss for Lack of Prosecution filed by CLARENCE E. BALDWIN. (Attachments: # 1 Text of Proposed Order)(zrdj) (Entered: 11/28/2016)
2017-06-06	15	MEMORANDUM OPINION: Defendant's motion to dismiss for lack of prosecution 11 is hereby DENIED. On the Court's own motion, this action is hereby DISMISSED for failure to state a claim. See document for details. Signed by Judge Randolph D. Moss on 6/6/2017. (lcrdm2, ) (Entered: 06/06/2017)
2017-06-06	16	ORDER for Memorandum Opinion 15 . See document for details. Signed by Judge Randolph D. Moss on 6/6/2017. (lcrdm2, ) (Entered: 06/06/2017)
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