Case Detail

FOIA Project Annotation: Judge Randolph Contreras has ruled that the Bureau of Alcohol, Tobacco and Firearms, the DEA, and the Justice Department's Criminal Division conducted adequate searches for records about Calvin Hall and that the Bureau of Prisons properly told Hall that his request was too vague for it to search. But because it was unclear whether or not Hall had provided an authentication form to EOUSA, Contreras declined to rule on that agency's summary judgment motion. BATF and DEA told Hall that they had conducted a search and found no records. The Criminal Division told Hall that it had transferred his request to EOUSA after deciding that while the Criminal Division did not have any responsive records, EOUSA might have responsive records. Hall's request had already been referred to EOUSA by the Office of Information Policy. In response to that direct referral, EOUSA told Hall it would not process his request without a certification of identity. BOP told Hall his request was too vague and he did not appeal that decision. Contreras found that the searches conducted by BATF, DEA, and the Criminal Division's were adequate. He also agreed that Hall had failed to exhaust administrative remedies as to BOP because he had not appealed the agency's decision that his request was too vague. Turning to EOUSA's decision not to process Hall's request without a certification of identity, however, Contreras pointed out that Hall had filled out a certificate of identity in response to a query from the Criminal Division and that certificate should have been provided to EOUSA when Criminal referred Hall's request there. He noted that "EOUSA has not indicated what, if anything, it did with the request itself that the Criminal Division re-directed to it. If nothing, that un-responded to request may be ripe for consideration by this Court as having exceeded the statutory time periods and, thus, having been constructively exhausted."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2016-08-05	1	COMPLAINT against BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Filing fee $ 0.00) filed by CALVIN JAMES HALL. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(jf) (Entered: 08/05/2016)
2016-08-05	2	MOTION for Leave to Proceed in forma pauperis by CALVIN JAMES HALL (jf) (Entered: 08/05/2016)
2016-08-05	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by CALVIN JAMES HALL (jf) (Entered: 08/05/2016)
2016-08-05	4	ORDER directing an initial partial filing fee in the amount of $33.00 from Prison Account of Calvin James Hall and granting 2 MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge Colleen Kollar-Kotelly on 08/01/2016. (jf) (Entered: 08/05/2016)
2016-08-05		Initiating Pleading & IFP Application Received on 7/5/16. (td) (Entered: 08/05/2016)
2016-08-08	5	SUMMONS (8) Issued as to BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (td) (Entered: 08/09/2016)
2016-08-11	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS served on 8/10/2016; FEDERAL BUREAU OF PRISONS served on 8/10/2016; U.S. DEPARTMENT OF JUSTICE 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.) (jf) (Entered: 08/11/2016)
2016-08-11	7	SUMMONS REISSUED as to FEDERAL BUREAU OF INVESTIGATION (md). (Entered: 08/11/2016)
2016-08-12	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES served on 8/12/2016 (jf) (Entered: 08/15/2016)
2016-08-16	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 8/15/2016 (jf) (Entered: 08/16/2016)
2016-08-18	10	NOTICE of Appearance by Daniel Patrick Schaefer on behalf of All Defendants (Schaefer, Daniel) (Entered: 08/18/2016)
2016-09-08	11	MOTION for Extension of Time to File Answer re 1 Complaint, by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 09/08/2016)
2016-09-09		Partial Filing Fee Received from CALVIN JAMES HALL in the amount of $33.00, receipt number: 4616080348. (zrdj) (Entered: 09/12/2016)
2016-09-12		MINUTE ORDER granting 11 Defendant's Motion for an Extension of Time to November 8, 2016, to respond to the complaint. SO ORDERED. Signed by Judge Rudolph Contreras on 9/12/16.(ah) (Entered: 09/12/2016)
2016-09-14	12	NOTICE of Amended Certificate of Service by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE re 10 Notice of Appearance (Schaefer, Daniel) (Entered: 09/14/2016)
2016-09-14		Partial Filing Fee Received from CALVIN JAMES HALL in the amount of $5.08, receipt number: 4616080486. (zrdj) (Entered: 09/16/2016)
2016-10-14		Partial Filing Fee Received from CALVIN JAMES HALL in the amount of $50.36, receipt number: 4616081069. (zrdj) (Entered: 10/14/2016)
2016-11-08	13	ANSWER to 1 Complaint, by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE.(Schaefer, Daniel) (Entered: 11/08/2016)
2016-11-08	14	MOTION to Stay Briefing Schedule by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 11/08/2016)
2016-11-08	15	MOTION to Dismiss or in the Alternative for Summary Judgment by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - P. Sprung Declaration, # 3 Exhibit 2 - S. Boucher Declaration, # 4 Exhibit 3 - R. Rodgers Declaration, # 5 Exhibit 4 - K. Myrick Declaration, # 6 Exhibit 5 - D. Luczynski Declaration, # 7 Statement of Facts, # 8 Text of Proposed Order)(Schaefer, Daniel). Added MOTION for Summary Judgment on 11/9/2016 (znmw). (Entered: 11/08/2016)
2016-11-09		MINUTE ORDER: It is ORDERED that the FBI's Motion for Partial Stay 14 is DENIED because no briefing schedule is in place. As proposed, the FBI shall file a status report and a proposed schedule by January 6, 2017. Signed by Judge Rudolph Contreras on 11/9/16.(ah) (Entered: 11/09/2016)
2016-11-09	16	Order advising plaintiff to respond by December 23, 2016, to defendants' dispositive motion or risk summary dismissal of the complaint in part or entry of judgment in favor of the moving defendants on what may be treated as a conceded motion (see written order for details). Signed by Judge Rudolph Contreras on 11/9/16.(ah) (Entered: 11/09/2016)
2016-11-10		Partial Filing Fee Received from CALVIN JAMES HALL in the amount of $72.20, receipt number: 4616081544. (zrdj) (Entered: 11/14/2016)
2016-12-13		Partial Filing Fee Received from CALVIN JAMES HALL in the amount of $46.64, receipt number: 4616082016. (zrdj) (Entered: 12/14/2016)
2016-12-27	17	RESPONSE re 15 MOTION to Dismiss or in the Alternative for Summary Judgment MOTION for Summary Judgment filed by CALVIN JAMES HALL. (jf) (Entered: 12/30/2016)
2016-12-27	18	RESPONSE re 14 MOTION to Stay Briefing Schedule filed by CALVIN JAMES HALL. (jf) (Entered: 12/30/2016)
2016-12-27	19	RESPONSE re 13 Answer to Complaint filed by CALVIN JAMES HALL. (jf) (Entered: 12/30/2016)
2017-01-06	20	REPLY to opposition to motion re 15 MOTION to Dismiss or in the Alternative for Summary Judgment MOTION for Summary Judgment filed by BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES, DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE. (Schaefer, Daniel) (Entered: 01/06/2017)
2017-01-06	21	STATUS REPORT and Proposed Schedule by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 01/06/2017)
2017-01-13		Partial Filing Fee Received from CALVIN JAMES HALL in the amount of $76.20, receipt number: 4616082414. (zrdj) (Entered: 01/17/2017)
2017-02-01		MINUTE ORDER: In the absence of a response from Plaintiff, Defendant Federal Bureau of Investigation's proposed schedule [Dkt. 21] in this FOIA case is hereby approved, as slightly modified. Accordingly, the FBI's motion for summary judgment is due on or before September 28, 2017; Plaintiff's response to the FBI's summary judgment motion is due on or before November 7, 2017; the FBI's reply is due on or before November 30, 2017. In addition, the FBI's periodic status reports on the processing of records are due by April 7, 2017, June 5, 2017, and August 3, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 2/1/17. (ah) (Entered: 02/01/2017)
2017-02-01		Set/Reset Deadlines: Status Report due by 4/7/2017 Summary Judgment motions due by 9/28/2017. Response to Motion for Summary Judgment due by 11/7/2017. Reply to Motion for Summary Judgment due by 11/30/2017. (tj) (Entered: 02/01/2017)
2017-02-14		Partial Filing Fee Received from CALVIN JAMES HALL in the amount of $66.52, receipt number: 4616082973. PAID IN FULL(zrdj) (Entered: 02/15/2017)
2017-04-07	22	STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit 1)(Schaefer, Daniel) (Attachment 1 replaced on 4/10/2017) (jf). (Entered: 04/07/2017)
2017-06-05	23	STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Schaefer, Daniel) (Entered: 06/05/2017)
2017-06-06		MINUTE ORDER: Upon consideration of 23 Defendant Federal Bureau of Investigation's Status Report and Proposed Schedule, it is hereby ORDERED that the parties shall meet and confer despite the apparent logistical challenges. It is further ORDERED that the parties shall submit a joint status report on or before July 27, 2017, discussing (1) whether plaintiff is satisfied with the FBI's release of records and agrees to a voluntary dismissal of the complaint against the FBI, and if not (2) whether the issues to be addressed in the FBI's motion for summary judgment, currently due on or before September 28, 2017, can be narrowed. SO ORDERED. Signed by Judge Rudolph Contreras on 6/6/17.(ah) (Entered: 06/06/2017)
2017-06-07		Set/Reset Deadlines: Status Report due by 7/27/2017 (hs) (Entered: 06/07/2017)
2017-07-27	24	STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Schaefer, Daniel) (Entered: 07/27/2017)
2017-09-19	25	MOTION for Extension of Time to Brief Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 09/19/2017)
2017-09-19		MINUTE ORDER: It is ORDERED that Defendant Federal Bureau of Investigation's Motion to Enlarge the Briefing Schedule 25 is granted. The FBI's motion for summary judgment is due by November 9, 2017; Plaintiff's opposition is due by December 20, 2017; and any reply is due by January 17, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 9/19/17.(ah) (Entered: 09/19/2017)
2017-09-19	26	ORDER granting in part and denying in part 15 Defendants' Partial Motion to Dismiss or in the Alternative for Summary Judgment; directing EOUSA to supplement the record by October 30, 2017, for the reasons stated in the Memorandum Opinion issued separately this day. Signed by Judge Rudolph Contreras on 9/19/17.(ah) (Entered: 09/19/2017)
2017-09-19	27	MEMORANDUM OPINION accompanying Order issued separately this day. Signed by Judge Rudolph Contreras on 9/19/17.(ah) (Entered: 09/19/2017)
2017-10-30	28	STATUS REPORT by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 10/30/2017)
2017-10-31		MINUTE ORDER: Based on EOUSA's Status Report and Proposed Schedule, it is ORDERED that EOUSA shall file its renewed summary judgment motion on or before January 16, 2018; Plaintiff shall file his response to the motion on or before March 2, 2018; and EOUSA shall file any reply on or before April 5, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 10/31/17.(ah) (Entered: 10/31/2017)
2017-11-02		Set/Reset Deadlines: Renewed Summary Judgment motions due by 1/16/2018. Response to Motion for Summary Judgment due by 3/2/2018. Reply to Motion for Summary Judgment due by 4/5/2018. (tj) (Entered: 11/02/2017)
2017-11-09	29	MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1: Hardy Decl., # 4 Exhibit A - I to Hardy Decl., # 5 Exhibit J to Hardy Decl. - Part 1 of 2 (Vaughn Index), # 6 Text of Proposed Order)(Schaefer, Daniel) (Additional attachment(s) added on 11/20/2017: # 7 Exhibit J to Hardy Decl. (Vaughn Index) - Part 1 of 2) (znmw). Modified to replace Hardy Declaration on 11/20/2017 (znmw). (Entered: 11/09/2017)
2017-11-20	30	Order advising plaintiff to respond to the FBI's motion for summary judgment by the previously scheduled deadline of December 20, 2017, or risk entry of judgment in the FBI's favor (see written order for details). Signed by Judge Rudolph Contreras on 11/20/17.(ah) (Entered: 11/20/2017)
2017-11-21		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 12/20/2017. (tj) (Entered: 11/21/2017)
2018-01-16	31	MOTION for Extension of Time to Summary Judgment Briefing Schedule by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 01/16/2018)
2018-01-17		MINUTE ORDER granting 31 Defendant EOUSA's Motion for Extension of Time: It is hereby ORDERED that EOUSA's renewed motion for summary judgment shall be due by February 16, 2018; Plaintiff's response shall be due by April 20, 2018; and EOUSA's reply in support of the motion, if any, shall be due by May 7, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 01/17/2018. (lcrc1) (Entered: 01/17/2018)
2018-01-17		Set/Reset Deadlines: Summary Judgment motions due by 2/16/2018. Response to Motion for Summary Judgment due by 4/20/2018. Reply to Motion for Summary Judgment due by 5/7/2018. (tj) (Entered: 01/17/2018)
2018-02-15	32	MOTION for Extension of Time to Summary Judgment Briefing Schedule by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 02/15/2018)
2018-02-15		MINUTE ORDER granting 32 Defendant EOUSA's Motion to Enlarge Briefing Schedule: It is hereby ORDERED that EOUSA's renewed summary judgment motion shall be due on or before April 17, 2018; Plaintiff's response to the renewed motion shall be due on or before May 29, 2018; and EOUSA's reply to the renewed motion shall be due on or before June 28, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 02/15/2018. (lcrc1) (Entered: 02/15/2018)
2018-02-16		Set/Reset Deadlines: Summary Judgment motions due by 4/17/2018. Response to Motion for Summary Judgment due by 5/29/2018. Reply to Motion for Summary Judgment due by 6/28/2018. (tj) (Entered: 02/16/2018)
2018-04-17	33	MOTION for Extension of Time to Summary Judgment Briefing Schedule by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEY (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Schaefer, Daniel) (Entered: 04/17/2018)
2018-04-17		MINUTE ORDER: Pending is EOUSA's motion to extend by five weeks the briefing deadlines governing its renewed motion for summary judgment. Considering that plaintiff has filed nothing in this case since December 27, 2016, and has in fact missed the December 20, 2017 deadline for opposing the FBI's dispositive motion, it is ORDERED that plaintiff shall file by May 2, 2018, a notice stating his intention to continue with this case and any objection to EOUSA's motion for an enlargement of time. SO ORDERED. Signed by Judge Rudolph Contreras on 4/17/18. (ah) (Entered: 04/17/2018)
2018-05-17	34	ORDER denying as moot 33 EOUSA's Motion for Extension of Time; dismissing the case for failure to prosecute (see written order for details). Signed by Judge Rudolph Contreras on 5/17/18.(ah) (Entered: 05/17/2018)
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