Case Detail

FOIA Project Annotation: Judge Colleen Kollar-Kotelly has ruled that EOUSA properly responded to prisoner Rajahn Brown's FOIA request for records concerning his criminal conviction in the Eastern District of North Carolina on drug trafficking charges. The agency located 1,500 pages of responsive records, but after the agency failed to disclose any records, Brown filed suit. The agency then disclosed 1,028 unredacted pages and 77 redacted pages, withholding 321 pages in full under several exemptions. Brown filed a motion requesting a Vaughn Index. Kollar-Kotelly rejected Brown's motion for a complete Vaughn Index, noting that "here the Vaughn Index coupled with the declaration are more than adequate to 'permit meaningful review and adversarial testing of [the] exemption claims.' Therefore, the Court will address defendant's claimed exemptions along with any discernible challenges asserted in plaintiff's Vaughn Index Motion and his Reply." Kollar-Kotelly approved of all the agency's exemption claims under Exemption 3 (other statutes), Exemption 5 (privileges), and Exemption 7(C) (invasion of privacy concerning law enforcement records). Brown argued that the agency had failed to show whether any of the individuals' names withheld under Exemption 7(C) were dead. But Kollar-Kotelly noted that "nothing suggested that defendant's withholding decisions rested on 'the death of an individual,' much less one 'whose privacy interest proved the rationale for [the] 7(C) FOIA exemption.' Further, plaintiff's failure to offer any evidence of a public interest to balance against the individuals' significant privacy interests is alone self-defeating."
Issues: Adequacy - Search, Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2019-07-29		Initiating Pleading & IFP Application Received on 07/29/2019. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zmc) (Entered: 08/01/2019)
2019-07-29	1	COMPLAINT against EXECUTIVE OFFICE FOR UNITED STATE ATTORNEYS filed by RAJAHN BROWN.(zmc) (Entered: 08/01/2019)
2019-07-29	2	MOTION for Leave to Proceed in forma pauperis by RAJAHN BROWN (zmc) (Entered: 08/01/2019)
2019-07-29	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by RAJAHN BROWN (zmc) (Entered: 08/01/2019)
2019-08-30	4	ORDER granting 2 Motion for Leave to Proceed in forma pauperis. It is further ORDERED that the Plaintiff is obligated to pay an initial partial filing fee in the amount of $97.33 to the Clerk of the United States District Court for the District of Columbia (see Order for details). Signed by Judge Rudolph Contreras on 8/30/2019. (zad) (Entered: 09/05/2019)
2019-08-30		Case Reassigned to Judge Colleen Kollar-Kotelly. Unassigned is no longer assigned to the case. (zad) (Entered: 09/05/2019)
2019-09-05	5	ENTERED IN ERROR.....SUMMONS (3) Issued as to EXECUTIVE OFFICE FOR UNITED STATE ATTORNEYS, U.S. Attorney and U.S. Attorney General (zrdj) Modified on 9/9/2019 (zrdj). (Entered: 09/05/2019)
2019-09-09		NOTICE OF CORRECTED DOCKET ENTRY: re 5 Summons Issued Electronically as to AUSA was entered in error (Incorrect Summons used) and FOIA summons was re-issued and delivered to the USMS. (zrdj) (Entered: 09/09/2019)
2019-09-09	6	SUMMONS (3) REISSUED as to EXECUTIVE OFFICE FOR UNITED STATE ATTORNEYS, and non-parties U.S. Attorney and U.S. Attorney General (zrdj) (zrdj). (Entered: 09/09/2019)
2019-09-23	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/20/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 10/20/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/20/19. (ztd) (Entered: 09/30/2019)
2019-10-03	10	Summons Returned Unexecuted by RAJAHN BROWN as to EXECUTIVE OFFICE FOR UNITED STATE ATTORNEYS. (adh, ) (Entered: 10/25/2019)
2019-10-21	8	NOTICE of Appearance by Christopher Charles Hair on behalf of EXECUTIVE OFFICE FOR UNITED STATE ATTORNEYS (Hair, Christopher) (Entered: 10/21/2019)
2019-10-21	9	ANSWER to 1 Complaint by EXECUTIVE OFFICE FOR UNITED STATE ATTORNEYS.(Hair, Christopher) (Entered: 10/21/2019)
2019-10-25	11	Summons (1) Issued as to EXECUTIVE OFFICE FOR UNITED STATE ATTORNEYS. (adh, ) (Entered: 10/25/2019)
2019-11-15	12	RESPONSE (Objection) re 9 Answer to Complaint filed by RAJAHN BROWN. (ztth) (Entered: 11/19/2019)
2019-11-20	13	ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 11/20/19. (DM) (Entered: 11/20/2019)
2019-11-22	14	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR UNITED STATE ATTORNEYS served on 11/20/2019 (ztd) (Entered: 11/26/2019)
2019-11-27	15	ORDER directing Defendant to file a dispositive motion or a proposed schedule by December 11, 2019 (see document for details). Signed by Judge Colleen Kollar-Kotelly on 11/27/19.(ah) (Entered: 11/27/2019)
2019-11-27		Set/Reset Deadlines: Dispositive Motion or a proposed schedule due by 12/11/2019. (dot) (Entered: 12/02/2019)
2019-12-02	16	ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 12/2/2019. (DM) (Entered: 12/02/2019)
2019-12-11	17	STATUS REPORT and Proposed Schedule by EXECUTIVE OFFICE FOR UNITED STATE ATTORNEYS. (Hair, Christopher) (Entered: 12/11/2019)
2020-01-06		MINUTE ORDER: Based upon Defendant's representations in its Status Report [Dkt. 17], Defendant shall file progress reports on its production of records under the FOIA by February 10, 2020; March 10, 2020; and April 10, 2020. The latter report shall include a proposed briefing schedule. SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 1/6/2020.(ah) (Entered: 01/06/2020)
2020-01-06	18	MOTION for Order by RAJAHN BROWN (ztd) (Entered: 01/09/2020)
2020-02-10	19	STATUS REPORT by EXECUTIVE OFFICE FOR UNITED STATE ATTORNEYS. (Hair, Christopher) (Entered: 02/10/2020)
2020-03-10	20	STATUS REPORT by EXECUTIVE OFFICE FOR UNITED STATE ATTORNEYS. (Hair, Christopher) (Entered: 03/10/2020)
2020-04-10	21	STATUS REPORT by EXECUTIVE OFFICE FOR UNITED STATE ATTORNEYS. (Attachments: # 1 Declaration of Natasha Hudgins)(Hair, Christopher) (Entered: 04/10/2020)
2020-04-13		MINUTE ORDER: Based on the defendant's representations in its most recent status report regarding this FOIA matter, and given the impact of the COVID-19 pandemic on governmental operations, defendant's request to file another status report on May 11, 2020, is granted. If operations have resumed, defendant shall include a proposed schedule to govern the proceedings. Signed by Judge Colleen Kollar-Kotelly on 4/13/20.(ah) (Entered: 04/13/2020)
2020-04-13		Set/Reset Deadlines: Defendant's Status Report due by 5/11/2020 (dot) (Entered: 04/13/2020)
2020-05-11	22	STATUS REPORT by EXECUTIVE OFFICE FOR UNITED STATE ATTORNEYS. (Hair, Christopher) (Entered: 05/11/2020)
2020-06-02		MINUTE ORDER: Based on the defendant's representations in its most recent status report regarding this FOIA matter, and given the impact of the COVID-19 pandemic on governmental operations, defendant's request to file another status report on June 11, 2020, is granted. If operations have resumed, defendant shall include a proposed schedule to govern the proceedings.Signed by Judge Colleen Kollar-Kotelly on 6/2/20.(ah) (Entered: 06/02/2020)
2020-06-02		Set/Reset Deadlines: Joint Status Report due by 6/11/2020. (dot) (Entered: 06/03/2020)
2020-06-11	23	STATUS REPORT by EXECUTIVE OFFICE FOR UNITED STATE ATTORNEYS. (Hair, Christopher) (Entered: 06/11/2020)
2020-07-02		MINUTE ORDER: Based on the defendant's representations in its most recent status report regarding this FOIA matter, defendant's request to file another status report on July 13, 2020, is granted. If operations have resumed, defendant shall include a proposed schedule to govern the proceedings. Signed by Judge Colleen Kollar-Kotelly on 7/2/20.(ah) (Entered: 07/02/2020)
2020-07-02		Set/Reset Deadlines: Defendant Status Report due by 7/13/2020. (dot) (Entered: 07/02/2020)
2020-07-13	24	STATUS REPORT by EXECUTIVE OFFICE FOR UNITED STATE ATTORNEYS. (Hair, Christopher) (Entered: 07/13/2020)
2020-08-03		MINUTE ORDER: Based on the defendant's representations in its most recent status report regarding this FOIA matter, defendant's request to file another status report on August 13, 2020, is granted. If operations have resumed, defendant shall include a proposed schedule to govern the proceedings. Signed by Judge Colleen Kollar-Kotelly on 8/3/20.(psu1) (Entered: 08/03/2020)
2020-08-03		Set/Reset Deadlines: Defendant's Status Report due by 8/13/2020. (dot) (Entered: 08/03/2020)
2020-08-13	25	STATUS REPORT by EXECUTIVE OFFICE FOR UNITED STATE ATTORNEYS. (Hair, Christopher) (Entered: 08/13/2020)
2020-08-31		MINUTE ORDER: In light of defendant's monthly status reports showing progress on the processing of plaintiff's FOIA request and the impact of the COVID-19 pandemic on such progress, plaintiff's pre-pandemic motion 18 to compel defendant to indicate whether it intends to seek an Open America stay and to file a Vaughn Index is DENIED as moot. Signed by Judge Colleen Kollar-Kotelly on 8/31/20.(psu1) (Entered: 08/31/2020)
2020-08-31		MINUTE ORDER: Based on the defendant's representations in its most recent status report 25 regarding this FOIA matter, defendant's request to file another status report on or before September 13, 2020, is GRANTED. If feasible, defendant shall include a proposed schedule to govern the proceedings. Signed by Judge Colleen Kollar-Kotelly on 8/31/20.(psu1) (Entered: 08/31/2020)
2020-08-31		Set/Reset Deadlines: Defendant's Status Report due by 9/13/2020. (dot) (Entered: 08/31/2020)
2020-09-11	26	STATUS REPORT by EXECUTIVE OFFICE FOR UNITED STATE ATTORNEYS. (Hair, Christopher) (Entered: 09/11/2020)
2020-09-30		MINUTE ORDER. Based on the representations in Defendant's latest Status Report [Dkt. 26], Defendant shall move for dispositive relief on or before November 6, 2020. SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 9/30/20.(psu1) (Entered: 09/30/2020)
2020-11-02	27	MOTION for Extension of Time to file Motion for Summary Judgment by EXECUTIVE OFFICE FOR UNITED STATE ATTORNEYS (Hair, Christopher) (Entered: 11/02/2020)
2020-11-03	28	STATUS REPORT by RAJAHN BROWN. (ztd) (Entered: 11/09/2020)
2020-11-30		MINUTE ORDER granting 27 Defendant's Motion for an Extension of Time to December 21, 2020, to file its motion for summary judgment. SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 11/30/20.(psu1) (Entered: 11/30/2020)
2020-11-30		Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 12/21/2020. (dot) (Entered: 11/30/2020)
2020-12-21	29	MOTION for Summary Judgment by EXECUTIVE OFFICE FOR UNITED STATE ATTORNEYS (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Natasha Hudgins and Exhibits, # 4 Text of Proposed Order)(Hair, Christopher) (Entered: 12/21/2020)
2021-01-04	30	Order advising the plaintiff to respond by February 15, 2021, to the defendant's motion for summary judgment or risk entry of judgment in defendant's favor and dismissal of the case (see document for details). Signed by Judge Colleen Kollar-Kotelly on 1/4/2021.(psu1) (Entered: 01/04/2021)
2021-01-04		Set/Reset Deadlines: Plaintiff's Response to 29 Motion for Summary Judgment due by 2/15/2021. (dot) (Entered: 01/04/2021)
2021-01-22	31	MOTION by RAJAHN BROWN. (ztd) (Additional attachment(s) added on 1/28/2021: # 1 Envelope) (ztd). (Entered: 01/28/2021)
2021-02-02	32	MOTION for Vaughn Index, MOTION to Stay by RAJAHN BROWN. (ztd); ("Leave to file GRANTED" signed 2/2/2021 by Judge Colleen Kollar-Kotelly) (Entered: 02/02/2021)
2021-02-16	33	Memorandum in opposition to re 32 MOTION for Vaughn Index MOTION to Stay filed by EXECUTIVE OFFICE FOR UNITED STATE ATTORNEYS. (Hair, Christopher) (Entered: 02/16/2021)
2021-03-01		MINUTE ORDER. Plaintiff's motion 32 to compel a more specific Vaughn index and to stay the summary judgment proceedings in this FOIA case is DENIED. The sufficiency of the government's evidence in support of summary judgment is appropriately tested by an opposition. See Jan. 4, 2021 Order (duly advising plaintiff about responding to the summary judgment motion by February 15, 2021). The Court hereby enlarges the time, to Friday, April 9, 2021, for plaintiff to file his opposition to defendant's summary judgment motion. Plaintiff's failure to file his response by this extended deadline may result in entry of judgment in defendant's favor and dismissal of the case. The Clerk shall enclose with this order a copy of the January 4, 2021 Order, ECF No. 30. SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 3/1/2021.(psu1) (Entered: 03/01/2021)
2021-03-01		MINUTE ORDER. In light of the minute order issued separately this day, plaintiff's motion 31 for defendant to re-send its summary judgment motion since received and for an enlargement of time to oppose the motion is DENIED as moot. Signed by Judge Colleen Kollar-Kotelly on 3/1/2021.(psu1) (Entered: 03/01/2021)
2021-03-01		Set/Reset Deadlines: Plaintiff's Response to 29 Motion for Summary Judgment due by 4/9/2021. (dot) (Entered: 03/02/2021)
2021-03-19	34	REPLY to opposition to motion re 32 MOTION for Vaughn Index MOTION to Stay filed by RAJAHN BROWN. (ztd) (Entered: 03/23/2021)
2021-08-05	35	ORDER granting 29 Defendant's Motion for Summary Judgment and entering judgment in favor of the defendant, for the reasons stated in the Memorandum Opinion issued separately this day. Signed by Judge Colleen Kollar-Kotelly on 8/5/2021.(psu1) (Entered: 08/05/2021)
2021-08-05	36	MEMORANDUM OPINION accompanying the final order issued separately this day. Signed by Judge Colleen Kollar-Kotelly on 8/5/2021.(psu1) (Entered: 08/05/2021)
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