Case Detail

FOIA Project Annotation: Judge Amy Berman Jackson has ruled that although the Naval Criminal Investigative Service failed to find video footage recorded in January 2004 at Camp Lejeune Marine Corps Base in North Carolina the agency still conducted an adequate search for the record. The video footage was requested in 2016 by James Coleman, co-director of the Wrongful Convictions Clinic at Duke University Law School, who was representing Rueben Wright, a former Marine who had been convicted of murder in 2006, in post-conviction proceedings. Wright had been convicted of murdering retired Marine James Taulbee at his home outside Camp Lejeune on January 5, 2004. During the investigation, NCIS recovered the stock of the gun used to kill Taulbee at the home of Marine Randy Linniman. Linniman admitted to purchasing the weapon but told investigators that he had given Wright a ride to Taulbee's home without knowledge of his true intent and that Wright had actually committed the murder. Coleman requested six still photos labeled "Main Gate Outbound" after finding they were missing from the trial court file. During the course of its investigation to locate the photos, NCIS concluded that the photos had been taken on a motion-activated camera at the Main Gate and not the side gate that was where Linniman and Wright had exited and entered the Camp. NCIS provided some photographic materials but not the photos Coleman sought. He challenged the adequacy of the search. Berman Jackson noted that "the question before the Court is not whether video from the Main Gate ever existed or whether it should have been provided in discovery during the criminal case. The question is whether the Navy's efforts to find it in its own files were adequate. . . [T]he search requests were broad and related to evidence in the case in general, the areas searched were appropriate, and plaintiff has not pointed to any evidence of bad faith or identified any places that should have been searched or search terms that were neglected."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2019-10-24	1	COMPLAINT against DEPARTMENT OF THE NAVY ( Filing fee $ 400 receipt number ADCDC-6477295) filed by JAMES E. COLEMAN, JR.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Summons)(Smith, Arin) (Entered: 10/24/2019)
2019-10-24	2	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David Cohen, :Firm- Wilmer Cutler Pickering Hale and Dorr LLP, :Address- 1875 Pennsylvania Avenue NW, Washington, DC, 20006. Phone No. - 202-663-6205. Fax No. - 202-663-6363 Filing fee $ 100, receipt number ADCDC-6477350. Fee Status: Fee Paid. by JAMES E. COLEMAN, JR. (Attachments: # 1 Declaration of David Cohen, # 2 Text of Proposed Order)(Smith, Arin) (Entered: 10/24/2019)
2019-10-28		Case assigned to Judge Randolph D. Moss. (zmc) (Entered: 10/28/2019)
2019-10-28	3	SUMMONS (1) Issued Electronically as to DEPARTMENT OF THE NAVY. (Attachment: # 1 Notice and Consent)(zmc) (Entered: 10/28/2019)
2019-10-28	4	Case randomly reassigned to Judge Carl J. Nichols. Judge Randolph D. Moss is no longer assigned to the case. (rj) (Entered: 10/28/2019)
2019-10-29	5	Case randomly reassigned to Judge Amy Berman Jackson. Judge Carl J. Nichols is no longer assigned to the case. (rj) (Entered: 10/29/2019)
2019-11-04	6	REQUEST FOR SUMMONS TO ISSUE as to Department of the Navy, filed by JAMES E. COLEMAN, JR..(Smith, Arin) (Entered: 11/04/2019)
2019-11-05	7	SUMMONS (1) Issued Electronically as to DEPARTMENT OF THE NAVY. (ztd) (Entered: 11/05/2019)
2019-11-05	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF THE NAVY served on 10/31/2019 (Smith, Arin) (Entered: 11/05/2019)
2019-11-05	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/1/2019. (Smith, Arin) (Entered: 11/05/2019)
2019-11-05	10	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/1/2019. Answer due for ALL FEDERAL DEFENDANTS by 12/1/2019. (Smith, Arin) (Entered: 11/05/2019)
2019-11-12	11	NOTICE of Appearance by Alan Burch on behalf of DEPARTMENT OF THE NAVY (Burch, Alan) (Entered: 11/12/2019)
2019-11-12		MINUTE ORDER granting 2 Motion for Leave of David Cohen to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. The Court would strongly encourage counsel who practices in a law office in the District of Columbia and seeks to litigate here to apply for membership in the bar of this court. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Amy Berman Jackson on 11/12/19. (DMK) (Entered: 11/12/2019)
2019-12-02	12	ANSWER to Complaint by DEPARTMENT OF THE NAVY.(Burch, Alan) (Entered: 12/02/2019)
2019-12-03	13	ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before January 6, 2020. See Order for complete details. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/3/2019. (lcabj2) (Entered: 12/03/2019)
2020-01-06	14	Consent MOTION for Extension of Time to File Dispositive Motion by DEPARTMENT OF THE NAVY (Attachments: # 1 Text of Proposed Order)(Burch, Alan) (Entered: 01/06/2020)
2020-01-06		MINUTE ORDER granting 14 Motion for Extension of Time. Defendant must file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before February 5, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/6/2020. (lcabj2) (Entered: 01/06/2020)
2020-02-05	15	Consent MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF THE NAVY (Burch, Alan) (Entered: 02/05/2020)
2020-02-06		MINUTE ORDER granting 15 Motion for Extension of Time. Defendant must file a dispositive motion by February 26, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/6/2020. (lcabj2) (Entered: 02/06/2020)
2020-02-25	16	NOTICE of Appearance by James David Barton on behalf of JAMES E. COLEMAN, JR. (Barton, James) (Entered: 02/25/2020)
2020-02-26	17	MOTION for Summary Judgment by DEPARTMENT OF THE NAVY (Attachments: # 1 Exhibit Richman Dec.)(Burch, Alan) (Entered: 02/26/2020)
2020-03-04	18	NOTICE OF WITHDRAWAL OF APPEARANCE as to JAMES E. COLEMAN, JR.. Attorney Arin Hillary Smith terminated. (Smith, Arin) (Entered: 03/04/2020)
2020-03-05	19	NOTICE of Appearance by David Samuel Cohen on behalf of JAMES E. COLEMAN, JR. (Cohen, David) (Entered: 03/05/2020)
2020-03-05	20	Consent MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment by JAMES E. COLEMAN, JR. (Attachments: # 1 Text of Proposed Order)(Cohen, David) (Entered: 03/05/2020)
2020-03-09		MINUTE ORDER granting 20 Motion for Extension of Time. Plaintiff must file his opposition to defendant's motion for summary judgment 17 by April 10, 2020. Defendant must file its reply by April 27, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/9/2020. (lcabj2) (Entered: 03/09/2020)
2020-03-09		Set/Reset Deadlines: Plaintiff's opposition to dispositive motion due by 4/10/2020; defendant's reply due by 4/27/2020. (tg) (Entered: 03/09/2020)
2020-04-03	21	Consent MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment by JAMES E. COLEMAN, JR. (Attachments: # 1 Text of Proposed Order)(Cohen, David) (Entered: 04/03/2020)
2020-04-06		MINUTE ORDER granting 21 Motion for Extension of Time. Plaintiff must file his opposition to defendant's motion for summary judgment 17 by April 24, 2020. Defendant must file its reply by May 11, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/6/2020. (lcabj2) (Entered: 04/06/2020)
2020-04-24	22	Cross MOTION for Summary Judgment by JAMES E. COLEMAN, JR. (Attachments: # 1 Memorandum in Support of Plaintiff's Cross-Motion for Summary Judgment, # 2 Statement of Facts in Support of Plaintiff's Cross-Motion for Summary Judgment, # 3 Text of Proposed Order)(Cohen, David) (Entered: 04/24/2020)
2020-04-24	23	Memorandum in opposition to re 17 MOTION for Summary Judgment filed by JAMES E. COLEMAN, JR.. (Attachments: # 1 Text of Proposed Order)(Cohen, David) (Entered: 04/24/2020)
2020-05-11	24	Consent MOTION for Extension of Time to File Reply & Cross Opposition by DEPARTMENT OF THE NAVY (Burch, Alan) (Entered: 05/11/2020)
2020-05-14		MINUTE ORDER granting 24 Motion for Extension of Time. Defendant's reply and cross-opposition to plaintiff's cross-motion for summary judgment 22 must be filed by May 18, 2020. Plaintiff's cross-reply must be filed by June 2, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/14/2020. (lcabj2) (Entered: 05/14/2020)
2020-05-18	25	Consent MOTION for Extension of Time to File Response/Reply by DEPARTMENT OF THE NAVY (Burch, Alan) (Entered: 05/18/2020)
2020-05-19		MINUTE ORDER granting 25 Motion for Extension of Time. Defendant's reply and cross-opposition to plaintiff's cross-motion for summary judgment 22 must be filed by May 21, 2020. Plaintiff's cross-reply must be filed by June 5, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/19/2020. (lcabj2) (Entered: 05/19/2020)
2020-05-21	26	REPLY to opposition to motion re 22 Cross MOTION for Summary Judgment filed by DEPARTMENT OF THE NAVY. (Attachments: # 1 Exhibit Declaration of Charles Clements, # 2 Exhibit Declaration of Karen Richman)(Burch, Alan) (Entered: 05/21/2020)
2020-06-01	27	Consent MOTION for Extension of Time to File Response/Reply as to 22 Cross MOTION for Summary Judgment by JAMES E. COLEMAN, JR. (Attachments: # 1 Text of Proposed Order)(Cohen, David) (Entered: 06/01/2020)
2020-06-02		MINUTE ORDER granting 27 Motion for Extension of Time. Plaintiff must file his cross-reply by June 12, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/2/2020. (lcabj2) (Entered: 06/02/2020)
2020-06-10	28	Consent MOTION for Extension of Time to File Response/Reply as to 22 Cross MOTION for Summary Judgment by JAMES E. COLEMAN, JR. (Attachments: # 1 Text of Proposed Order)(Cohen, David) (Entered: 06/10/2020)
2020-06-11		MINUTE ORDER granting 28 Motion for Extension of Time. Plaintiff must file his cross-reply by June 19, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/11/2020. (lcabj2) (Entered: 06/11/2020)
2020-06-19	29	REPLY to opposition to motion re 22 Cross MOTION for Summary Judgment filed by JAMES E. COLEMAN, JR.. (Cohen, David) (Entered: 06/19/2020)
2020-09-16	30	ORDER. Pursuant to Federal Rules of Civil Procedure 56 and 58, and for the reasons stated in the accompanying memorandum opinion, it is ORDERED that defendant's motion for summary judgment 17 is GRANTED and plaintiff's cross-motion for summary judgment 22 is DENIED.This is a final, appealable order. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/16/2020. (lcabj2) (Entered: 09/16/2020)
2020-09-16	31	MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 9/16/2020. (lcabj2) (Entered: 09/16/2020)
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