Case Detail

FOIA Project Annotation: Judge Emmet Sullivan has ruled that he does not have jurisdiction over Derek Jarvis' FOIA suit against the Department of Housing and Urban Development because there is no evidence that the agency actually received his two requests. Jarvis requested information about himself, particularly in relation to complaints he had made since 2006 against his landlords. Three months later, he wrote another letter to the agency complaining that it had not yet responded to his original request. Jarvis then filed suit. The agency told Sullivan that it was unaware of Jarvis' requests until he filed suit and that a subsequent search of its records did not turn up the specific requests that were the subject of Jarvis' suit. Jarvis contended that HUD was conspiring against him, but Sullivan explained that "the fact that plaintiff mailed his FOIA requests does not impose any obligation on HUD. 'Rather, the receipt of a request by the agency is the legally significant event that triggers the commencement of the FOIA request and that enables a requester, such as plaintiff, who is dissatisfied with the agency response to seek recourse from federal courts.'" Dismissing the case, Sullivan observed that "plaintiff does not demonstrate HUD's receipt of his FOIA requests, and 'without any showing that the agency received the requests, the agency has no obligation to respond to them.'"
Issues: Request - Receipt

Date Filed	Doc #	Docket Text
2017-09-01		Initiating Pleading & IFP Application Received on 8/28/2017. (js) (Entered: 09/06/2017)
2017-09-01	1	COMPLAINT against UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT filed by DEREK N. JARVIS. (js). (Entered: 09/06/2017)
2017-09-01	2	MOTION for Leave to Proceed in forma pauperis by DEREK N. JARVIS (js) (Entered: 09/06/2017)
2017-10-13	3	FIAT ORDER GRANTING 2 Motion for Leave to Proceed in forma pauperis. "Leave to file without prepayment of costs GRANTED." Signed by Judge Randolph D. Moss on 10/4/2017. (md) (Entered: 10/13/2017)
2017-10-13		Case Reassigned to Judge Emmet G. Sullivan. Unassigned is no longer assigned to the case. (md) (Entered: 10/13/2017)
2017-10-16	4	STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 10/16/17. (Attachment: # 1 Exhibit 1) (mac) (Entered: 10/16/2017)
2017-12-01	5	SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, U.S. Attorney and U.S. Attorney General (jd) (Entered: 12/04/2017)
2018-01-16	6	Unopposed MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (Peterson, Benton) (Entered: 01/16/2018)
2018-01-17		MINUTE ORDER granting 6 defendant's unopposed motion for extension of time to file a response. It is therefore ordered that defendant shall file its answer or otherwise respond to plaintiff's complaint by February 2, 2018. Signed by Judge Emmet G. Sullivan on 1/17/2018. (lcegs3) (Entered: 01/17/2018)
2018-01-17		Set/Reset Deadlines: Defendant Answer Or Otherwise Response To Plaintiff's Complaint due by 2/2/2018. (mac) (Entered: 01/17/2018)
2018-01-31	7	Unopposed MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (Peterson, Benton) (Entered: 01/31/2018)
2018-01-31		MINUTE ORDER: Defendant's unopposed 7 Motion for Extension of Time to February 19, 2018 is hereby GRANTED. Signed by Judge Emmet G. Sullivan on 1/31/18. (ms) (Entered: 01/31/2018)
2018-01-31		Set/Reset Deadlines: Defendant Answer Or Response To Complaint due by 2/19/2018. (mac) (Entered: 01/31/2018)
2018-02-20	8	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Peterson, Benton) (Entered: 02/20/2018)
2018-02-23	9	Order advising plaintiff to respond by 3/23/2018 to 8 Defendant's Motion for Summary Judgment. Signed by Judge Emmet G. Sullivan on 2/23/18. (ms) (Entered: 02/23/2018)
2018-02-26		Set/Reset Deadlines: Plaintiff Response To 8 Defendant's Motion For Summary Judgment due by 3/23/2018. (mac) (Entered: 02/26/2018)
2018-03-12	10	Memorandum in opposition to re 8 MOTION for Summary Judgment filed by DEREK N. JARVIS. (td) (Entered: 03/14/2018)
2018-03-20	11	REPLY to opposition to motion re 8 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT. (Attachments: # 1 Exhibit)(Peterson, Benton) (Entered: 03/20/2018)
2018-03-30	12	SUPPLEMENTAL re 10 Memorandum in opposition to re 8 MOTION for Summary Judgment filed by DEREK N. JARVIS. (jf) (Entered: 04/02/2018)
2018-04-13	13	MOTION to Strike 12 Supplemental Memorandum by UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 04/13/2018)
2018-04-16	14	ERRATA and Notice of Filing by UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT 8 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT. (Attachments: # 1 Declaration)(Peterson, Benton) (Entered: 04/16/2018)
2018-04-18	15	Memorandum in opposition to re 13 MOTION to Strike 12 Supplemental Memorandum filed by DEREK N. JARVIS. (jf) (Entered: 04/19/2018)
2018-04-24	16	MEMORANDUM AND OPINION. Signed by Judge Emmet G. Sullivan on 4/24/18. (ms) (Entered: 04/24/2018)
2018-04-24	17	ORDER granting 8 Defendant's Motion for Summary Judgment; granting 13 Defendant's Motion to Strike Plaintiff's Surreply; and striking 12 Plaintiff's Supplemental Brief in Opposition to Defendant's Motion for Summary Judgment. This is a final appealable Order. Signed by Judge Emmet G. Sullivan on 4/24/18. (ms) (Entered: 04/24/2018)
2018-04-24	18	JUDGMENT in favor of Defendant (U.S. Department Of Housing and Urban Development) against Plaintiff (Derek N. Jarvis). Signed by Judge Emmet G. Sullivan on 04/24/18. (mac) (Entered: 04/24/2018)
2018-04-30	19	NOTICE OF APPEAL as to 17 Order on Motion for Summary Judgment,, Order on Motion to Strike, 16 Memorandum & Opinion, 18 Judgment by DEREK N. JARVIS. Fee Status: IFP. Parties have been notified. (jf) (Entered: 05/02/2018)
2018-05-02	20	Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The fee was not paid because it was filed in forma pauperis re 19 Notice of Appeal. (jf) (Entered: 05/02/2018)
2018-05-04		USCA Case Number 18-5127 for 19 Notice of Appeal filed by DEREK N. JARVIS. (td) (Entered: 05/04/2018)
Hide Docket Events