Case Detail

FOIA Project Annotation: A federal court in Illinois has ruled that Raymond Hughes has failed to state a claim to support his suit against the Department of Justice for records showing that is brother has a criminal record. Hughes filed suit seeking the criminal record of Andrew Hughes aka Andrew Darian, who had been appointed the personal representative of a family estate. Raymond alleged that Andrew had a criminal record in Florida, which should have been considered before appointing him personal representative. The agency argued that Hughes had not made a FOIA request and, thus, he was not entitled to relief. Hughes argued that he had been advised by DOJ to file a complaint in federal court to obtain the records. Dismissing the suit, the court noted that "it remains that Plaintiff has alleged no facts in his amended complaint supporting an inference that he made a FOIA request in the first instance, and he does not allege DOJ failed to provide him with requested documents for an improper reason."
Issues: Litigation - Jurisdiction - Failure to State a Claim

FOIA Project Annotation: A federal court in Illinois has ruled that the U.S. Marshals Service properly invoked a Glomar response neither confirming nor denying the existence of records concerning Andrew Hughes, the brother of Raymond Hughes who was trying to locate his brother because of an estate issue. Raymond Hughes requested records about his brother Andrew from the Marshals Service, explaining that his brother had been a fugitive in the 1980s and that his status as a felon prohibited him from serving as the personal representative for purposes of settling an estate. The agency issued a Glomar response based on Exemption 7(C) (invasion of privacy concerning law enforcement records). Hughes appealed the agency's Glomar response to the Office of Information Policy, arguing that because he was not a member of the media, he had no intention of disseminating information about his brother. OIP upheld the agency's Glomar response and Hughes filed suit. The court agreed with the agency, noting that any agency records on Andrew Hughes would qualify as law enforcement records and that Raymond Hughes had not articulated any public interest in disclosure. The court observed that "while Plaintiff may believe the information will benefit him in the probate matter, FOIA's purpose 'is not fostered by disclosure of information about private citizens. . .'" The court added that "there is no basis here for finding the information the Marshals Service withheld would shed light on the agency's performance."
Issues: Determination - Glomar response, Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2017-07-25	1	COMPLAINT filed by Raymond Hughes. (jk, ) (Entered: 07/26/2017)
2017-07-25	2	CIVIL Cover Sheet (jk, ) (Entered: 07/26/2017)
2017-07-25	3	PRO SE Appearance by Plaintiff Raymond Hughes. (jk, ) (Entered: 07/26/2017)
2017-07-25	4	SUMMONS Issued as to United States Attorney (Chicago Office; Washington D.C. Office). (jk, ) (Entered: 07/26/2017)
2017-08-14	6	DESIGNATION of Virginia Ovitz Hancock as U.S. Attorney for Defendant United States Department of Justice (Hancock, Virginia) (Entered: 08/14/2017)
2017-08-15		SUMMONS Issued as to United States Department of Justice. (lcw, ) (Entered: 08/15/2017)
2017-08-15	7	AMENDED complaint by Raymond Hughes against United States Department of Justice. (jk, ) (Entered: 08/16/2017)
2017-09-01	8	MOTION by Defendant United States Department of Justice to dismiss for lack of jurisdiction (Hancock, Virginia) (Entered: 09/01/2017)
2017-09-01	9	NOTICE of Motion by Virginia Ovitz Hancock for presentment of motion to dismiss/lack of jurisdiction 8 before Honorable Marvin E. Aspen on 9/28/2017 at 10:30 AM. (Hancock, Virginia) (Entered: 09/01/2017)
2017-09-07	10	MINUTE entry before the Honorable Marvin E. Aspen:Plaintiff's response to defendant's motion to dismiss 8 is to be filed by 10/6/2017; defendant's reply in support of motion to dismiss is to be filed by 10/20/2017. Motion is stricken from the Court's call of 9/28/2017. Status hearing is set for 11/30/2017 at 10:30 AM.Mailed notice (mad, ) (Entered: 09/07/2017)
2017-09-25	11	MEMORANDUM - ORDER by Plaintiff Raymond Hughes. (jk, ) (Entered: 09/26/2017)
2017-10-20	12	REPLY by United States Department of Justice to MOTION by Defendant United States Department of Justice to dismiss for lack of jurisdiction 8 (Hancock, Virginia) (Entered: 10/20/2017)
2017-11-06	13	MEMORANDUM Opinion and Order Signed by the Honorable Marvin E. Aspen on 11/6/2017: Defendants motion to dismiss 8 is granted. If he is able to do so consistent with this Order, Plaintiff may file an amended complaint on or before December 4, 2017. Failure to do so will result in dismissal of his claims with prejudice. Status hearing of November 30, 2017 is stricken.Mailed notice(mad, ) (Entered: 11/06/2017)
2017-11-27	14	AMENDED complaint by Raymond Hughes against United States Department of Justice (Exhibits). (jk, ) (Entered: 11/28/2017)
2017-12-11	15	MOTION by Defendant United States Department of Justice for extension of time Unopposed Motion for Extension of Time to Answer or Otherwise Respond to the Amended Complaint (Hancock, Virginia) (Entered: 12/11/2017)
2017-12-12	16	NOTICE of Motion by Virginia Ovitz Hancock for presentment of extension of time 15 before Honorable Marvin E. Aspen on 12/21/2017 at 10:30 AM. (Hancock, Virginia) (Entered: 12/12/2017)
2017-12-18	17	MINUTE entry before the Honorable Marvin E. Aspen:Defendant's motion for extension of time to 1/10/2018 to answer or otherwise plead to the complaint 15 is granted. Motion is stricken from the Court's call of 12/21/2017. Status hearing is set for 3/1/2018 at 10:30 AM.Mailed notice (mad, ) (Entered: 12/18/2017)
2018-01-10	18	ANSWER to amended complaint by United States Department of Justice(Hancock, Virginia) (Entered: 01/10/2018)
2018-01-16	19	MINUTE entry before the Honorable Marvin E. Aspen: Status hearing of 3/1/2018 is reset for 2/15/2018 at 10:30 AM.Mailed and telephoned notice (mad, ) (Entered: 01/16/2018)
2018-02-15	20	MINUTE entry before the Honorable Marvin E. Aspen:Status hearing held on 2/15/2018 and continued to 3/22/2018 at 10:30 AM. Parties are to meet and confer and inform how they intend to proceed with the case on 3/22/2018.Mailed notice (mad, ) (Entered: 02/15/2018)
2018-03-22	21	MINUTE entry before the Honorable Marvin E. Aspen: Status hearing held on 3/22/2018 and continued to 7/19/2018 at 10:30 AM. Defendant's oral motion for leave to file motion for summary judgment is granted. Defendant's motion for summary judgment with supporting briefs is to be filed by 5/7/2018; plaintiff's response to the motion will be due by 6/7/2018; defendant's reply in support of its motion will be due by 6/18/2018.Mailed notice (mad, ) (Entered: 03/22/2018)
2018-05-07	22	MOTION by Defendant United States Department of Justice for summary judgment (Hancock, Virginia) (Entered: 05/07/2018)
2018-05-07	23	MEMORANDUM by United States Department of Justice in support of motion for summary judgment 22 (Hancock, Virginia) (Entered: 05/07/2018)
2018-05-07	24	RULE 56 Local Rule 56.1 Statement by United States Department of Justice regarding motion for summary judgment 22 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hancock, Virginia) (Entered: 05/07/2018)
2018-05-07	25	RULE 56 Local Rule 56.2 Notice to Pro Se Litigant Statement by United States Department of Justice regarding motion for summary judgment 22 (Hancock, Virginia) (Entered: 05/07/2018)
2018-05-23	26	MOTION by Plaintiff Raymond Hughes for additional time. (jk, ) (Entered: 05/24/2018)
2018-05-23	27	NOTICE of Motion by Raymond Hughes for presentment of motion for additional time 26 before Honorable Marvin E. Aspen on 5/31/2018 at 10:30 AM. (jk, ) (Entered: 05/24/2018)
2018-05-30	28	MINUTE entry before the Honorable Marvin E. Aspen:Plaintiff's motion for additional time 26 is granted. Motion is stricken from the Court's call of 5/31/2018. Plaintiff's response to the motion for summary judgment 22 will be due by 7/12/2018; defendant's reply in support of its motion will be due by 7/26/2018. Status hearing of 7/26/2018 is reset for 9/13/2018 at 10:30 AM.Mailed notice (mad, ) (Entered: 05/30/2018)
2018-07-11	29	RESPONSE by Plaintiff Raymond Hughes to Defendant's motion for summary judgment (Exhibit). (jk, ) (Entered: 07/11/2018)
2018-07-26	30	MOTION by Defendant United States Department of Justice for extension of time to file response/reply as to motion for summary judgment 22 , Response 29 Defendant's Unopposed Motion for Extension of Time (Hancock, Virginia) (Entered: 07/26/2018)
2018-07-26	31	NOTICE of Motion by Virginia Ovitz Hancock for presentment of motion for extension of time to file response/reply 30 before Honorable Marvin E. Aspen on 8/2/2018 at 10:30 AM. (Hancock, Virginia) (Entered: 07/26/2018)
2018-07-30	32	MINUTE entry before the Honorable Marvin E. Aspen:Defendant's unopposed motion for extension of time 30 is granted. Motion is stricken from the Court's call of 8/2/2018. Defendant's reply in support of its motion for summary judgment 22 will be due by 8/3/2018.Mailed notice (mad, ) (Entered: 07/30/2018)
2018-08-03	33	REPLY by Defendant United States Department of Justice to motion for summary judgment 22 Reply In Support of Motion for Summary Judgment (Hancock, Virginia) (Entered: 08/03/2018)
2018-08-10	34	MINUTE entry before the Honorable Marvin E. Aspen: At the Court's instance, the status hearing set for 9/13/2018 is stricken and reset to 10/18/2018 at 10:30 a.m. Mailed notice (ags, ) (Entered: 08/10/2018)
2018-10-16	35	MINUTE entry before the Honorable Marvin E. Aspen: At the Court's instance, the status hearing set for 10/18/2018 is stricken and reset to 12/13/2018 at 10:30 a.m. Mailed notice (ags, ) (Entered: 10/16/2018)
2018-10-16	36	MEMORANDUM OPINION and ORDER. Defendant's motion for summary judgment 22 is granted. See Memorandum Opinion and Order. Civil case terminated. Signed by the Honorable Marvin E. Aspen on 10/16/2018. Mailed notice (ags, ) (Entered: 10/16/2018)
2018-10-16	37	ENTERED JUDGMENT. Mailed notice (ags, ) (Entered: 10/16/2018)
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