Case Detail

FOIA Project Annotation: Judge Randolph Moss has ruled that the Transportation Security Agency conducted an adequate search for records pertaining to travel by Darryl Burke, his son Lorin, and his wife Vicki Garland in July 2009. Burke, a federal prisoner, claimed he submitted his FOIA request for records concerning himself and his son on October 26, 2014, but the TSA told Moss that it never received his request until he attached it to his complaint when he filed suit in 2016. At that time, TSA searched for records in its Performance Results Information System database, but found no records, which the agency told Moss was not surprising since travel records are generally deleted after seven days. Although the agency insisted that Burke's request had not included Garland, the agency searched its database for records pertaining to her on the basis of requests Garland had made in 2015. Again, the agency found nothing. The agency also told Moss that it had asked the relevant airport authorities to check for any video recordings, but found nothing, since, the agency pointed out, such recordings were typically deleted after 30 days. Since Burke had not filed a motion in opposition, Moss indicated he would rely on the agency's uncontested version of the facts. Moss agreed that the agency had searched all record systems likely to contain responsive records. He observed that while the agency contended that the airports' records were not agency records, it never developed that argument. Finding the agency had conducted an adequate search, he noted that the FOIA requests submitted by Burke and Garland were received many years after any video footage of their July 2009 travel might have been created, and, then, deleted pursuant to [agency] practice. Burke, moreover, has failed to respond to any of this."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2016-08-05	1	COMPLAINT against DEPARTMENT OF HOMELAND SECURITY filed by DARRYL BURKE. (Attachments: # 1 Civil Cover Sheet)(zrdj) (Entered: 08/05/2016)
2016-08-05	2	MOTION for Leave to Proceed in forma pauperis by DARRYL BURKE (zrdj) (Entered: 08/05/2016)
2016-08-05	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by DARRYL BURKE (zrdj) (Entered: 08/05/2016)
2016-08-05	4	ORDER directing an initial partial filing fee in the amount of $8.20 from Prison Account of DARRYL BURKE and granting 2 MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge Colleen Kollar-Kotelly on 8/1/2016. (zrdj) (Entered: 08/05/2016)
2016-08-05		SUMMONS Not Issued as to DEPARTMENT OF HOMELAND SECURITY (zrdj) (Entered: 08/05/2016)
2016-08-05		Initiating Pleading & IFP Application Received on 7/13/2016. (zrdj) (Entered: 08/05/2016)
2016-08-11	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 8/10/2016, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/10/2016., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/10/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 9/9/2016.) (zrdj) (Entered: 08/11/2016)
2016-08-18	6	NOTICE of Appearance by Jason Todd Cohen on behalf of DEPARTMENT OF HOMELAND SECURITY (Cohen, Jason) (Entered: 08/18/2016)
2016-08-29		Partial Filing Fee Received from DARRYL BURKE in the amount of $9.00, receipt number: 4616080160. (zrdj) (Entered: 08/29/2016)
2016-09-08	7	First MOTION for Extension of Time to File Answer re 1 Complaint by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 09/08/2016)
2016-09-12		MINUTE ORDER: Upon consideration of defendant's motion for an extension of time 7 , the motion is hereby GRANTED, and it is ORDERED that defendant shall be permitted to answer or otherwise respond to the complaint on or before November 9, 2016. Signed by Judge Randolph D. Moss on 9/12/2016. (lcrdm2, ) (Entered: 09/12/2016)
2016-09-12	8	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 9/12/2016. (lcrdm2, ) (Entered: 09/12/2016)
2016-09-12		Set/Reset Deadlines: Answer due by 11/9/2016. (dot) (Entered: 09/13/2016)
2016-09-13	9	MOTION for Extension of Time by DARRYL BURKE "LEAVE TO FILE GRANTED" by Judge Randolph D. Moss (zrdj) (Entered: 09/14/2016)
2016-09-16		MINUTE ORDER: Upon consideration of plaintiff's motion for an extension of time 9 , the motion is DENIED as moot in light of the Court's order granting defendant an extension of time to answer or otherwise respond to the complaint and the absence of a briefing schedule. Signed by Judge Randolph D. Moss on 9/16/2016. (lcrdm2, ) (Entered: 09/16/2016)
2016-11-08	10	Second MOTION for Extension of Time to File Answer re 1 Complaint by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 11/08/2016)
2016-11-09		MINUTE ORDER: Upon consideration of defendant's motion for an extension of time, the motion is GRANTED, and defendant may answer or otherwise respond to the complaint on or before November 16, 2016. Signed by Judge Randolph D. Moss on 11/9/2016. (lcrdm2, ) (Entered: 11/09/2016)
2016-11-09		Set/Reset Deadlines: Defendant may answer or otherwise respond to the complaint on or before 11/16/2016. (kt) (Entered: 11/09/2016)
2016-11-16	11	MOTION to Dismiss or, in the Alternative, for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Declaration of Teri Michele Miller, # 2 Miller Exhibit A, # 3 Miller Exhibit B, # 4 Miller Exhibit C, # 5 Miller Exhibit D, # 6 Miller Exhibit E, # 7 Miller Exhibit F, # 8 Miller Exhibit G)(Cohen, Jason). Added MOTION for Summary Judgment on 11/17/2016 (znmw). (Entered: 11/16/2016)
2016-11-21	12	ENTERED IN ERROR.....RESPONSE (Addendum) re 11 MOTION to Dismiss or, in the Alternative, for Summary Judgment filed by DARRYL BURKE. (jf) Modified on 12/5/2016 (zrdj). (Entered: 11/23/2016)
2016-12-05		NOTICE OF CORRECTED DOCKET ENTRY: re 12 Response to motion was entered in error (Wrong Case) and said pleading will not be refiled. (zrdj) (Entered: 12/05/2016)
2016-12-05	13	ORDER: It is hereby ORDERED that Plaintiff shall file a brief in opposition to Defendant's Motion to Dismiss or for Summary Judgment 11 on or before December 28, 2016. If he does not file a response within the time provided, the Court may treat any arguments in the Defendant's motion as conceded or may issue an Order to Show Cause why the Complaint should not be dismissed for failure to prosecute. See attached Order for details. Signed by Judge Randolph D. Moss on 12/5/2016. (lcrdm2, ) (Entered: 12/05/2016)
2016-12-05		Set/Reset Deadlines: Plaintiff shall file a brief in opposition to Defendant's Motion to Dismiss or for Summary Judgment 11 on or before 12/28/2016. (kt) (Entered: 12/05/2016)
2016-12-30	14	MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss or, in the Alternative, for Summary Judgment MOTION for Summary Judgment by DARRYL BURKE "LEAVE TO FILE GRANTED" by Judge Randolph D. Moss (zrdj) (Entered: 12/30/2016)
2017-01-06		MINUTE ORDER: Upon consideration of plaintiff's motion for an extension of time 14 , the motion is GRANTED, and plaintiff may file a brief in opposition to Defendant's Motion to Dismiss of for Summary Judgment 11 on or before January 27, 2017. If plaintiff does not file a response within the time provided, the Court may dismiss the complaint for failure to prosecute or may consider only defendant's arguments when ruling on the motion to dismiss. Signed by Judge Randolph D. Moss on 1/6/2017. (lcrdm2, ) (Entered: 01/06/2017)
2017-01-09		Set/Reset Deadlines: Plaintiff may file a brief in opposition to Defendant's Motion to Dismiss of for Summary Judgment 11 on or before 1/27/2017. (kt) (Entered: 01/09/2017)
2017-08-08	15	MEMORANDUM OPINION on Defendant's Motion To Dismiss or, in the Alternative, for Summary Judgment 11 . See attached document for details. A separate Order 16 will issue. Signed by Judge Randolph D. Moss on 8/8/2017. (lcrdm2, ) (Entered: 08/08/2017)
2017-08-08	16	ORDER: For the reasons stated in the accompanying Memorandum Opinion 15 , it is hereby ORDERED that Defendant's Motion To Dismiss or, in the Alternative, for Summary Judgment is GRANTED. See attached document. Signed by Judge Randolph D. Moss on 8/8/2017. (lcrdm2, ) (Entered: 08/08/2017)
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