Case Detail

FOIA Project Annotation: Judge Trevor McFadden has ruled that the U.S. Marshals Service has finally provided a sufficient explanation of its search for records concerning Angel Pichardo-Martinez, who had been assaulted while in custody when held at a facility in Youngstown, Ohio, and a second facility in Lake County, both of which housed USMS prisoners under contract. Pichardo-Martinez submitted two FOIA requests for medical records concerning the incidents. After Pichardo-Martinez filed suit, the agency indicated it had no record of receiving his requests but started processing the requests at that time. The agency searched offices in the Eastern District of Pennsylvania and the Northern District of Ohio, locating only a handful of records, some of which were disclosed with redactions. In his first opinion, McFadden found USMS had failed to adequately explain its search and told the agency it could submit supplemental affidavits. This time, the agency supplemented its affidavits, but Pichardo-Martinez did not file a response. McFadden agreed the agency had now provided sufficient explanation for its searches. He noted that "based on the information Pichardo-Martinez provided, it is reasonable for USMS to have searched for responsive records in the two federal districts â€" the Eastern District of Pennsylvania and the Northern District of Ohio â€" where he had been detained, and in databases containing information about assaults and medical care provided for prisoners in USMS custody." McFadden then found that the agency had appropriately withheld personal information under Exemption 7(C) (invasion of privacy concerning law enforcement records). He agreed that USMS had met the low bar for claiming Exemption 7(E) (investigative methods or techniques). He observed that "it is enough for the declarant to aver that release of the withheld information could enable unauthorized users to navigate databases and potentially 'counter operational and investigative actions taken by the USMS during enforcement operations.'"
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2018-10-29		Initiating Pleading & IFP Application Received on 10/29/2018. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zrdj) (Entered: 11/26/2018)
2018-10-29	1	COMPLAINT against UNITED STATES MARSHALS SERVICE filed by ANGEL PICHARDO-MARTINEZ.(zrdj) (Entered: 11/26/2018)
2018-10-29	2	MOTION for Leave to Proceed in forma pauperis by ANGEL PICHARDO-MARTINEZ (zrdj) (Entered: 11/26/2018)
2018-10-29	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ANGEL PICHARDO-MARTINEZ (zrdj) (Entered: 11/26/2018)
2018-10-29	4	MOTION for Preliminary Injunction by ANGEL PICHARDO-MARTINEZ (See docket entry 1 to view document)(zrdj) (Entered: 11/26/2018)
2018-12-03	5	ORDER directing an initial partial filing fee in the amount of $70.98 from Prison Account of ANGEL PICHARDO-MARTINEZ and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Pro Se party has been notified by first class mail. Signed by Magistrate Judge Robin M. Meriweather on 12/3/2018. (zmd) (Entered: 12/12/2018)
2018-12-03	6	ORDER denying 4 Motion for Preliminary Injunction. SO ORDERED. Signed by Judge Amit P. Mehta on 12/3/2018. (zmd) (Entered: 12/12/2018)
2018-12-12		Case Reassigned to Judge Trevor N. McFadden. Unassigned is no longer assigned to the case. (zmd) (Entered: 12/12/2018)
2019-01-02		Partial Filing Fee Received from ANGEL PICHARDO-MARTINEZ in the amount of $70.98, receipt number: 4616096119. (zrdj) (Entered: 01/07/2019)
2019-01-15		Partial Filing Fee Received from ANGEL PICHARDO-MARTINEZ in the amount of $52.00, receipt number: 4616096276. (zrdj) (Entered: 01/18/2019)
2019-01-17	7	SUMMONS (3) Issued as to UNITED STATES MARSHALS SERVICE, U.S. Attorney and U.S. Attorney General (zef, ) (Entered: 01/17/2019)
2019-01-28	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/22/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 2/21/2019.) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/22/2019. (tth) (Entered: 01/29/2019)
2019-02-14		Partial Filing Fee Received from ANGEL PICHARDO-MARTINEZ in the amount of $43.94, receipt number: 4616096721. (zrdj) (Entered: 02/15/2019)
2019-02-15	9	STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 2/15/2019. (lctnm2) (Entered: 02/15/2019)
2019-02-15	10	NOTICE of Appearance by Christopher Charles Hair on behalf of All Defendants (Hair, Christopher) (Entered: 02/15/2019)
2019-02-21	11	ANSWER to 1 Complaint by UNITED STATES MARSHALS SERVICE.(Hair, Christopher) (Entered: 02/21/2019)
2019-02-22		MINUTE ORDER. The Defendant has filed an Answer to the Plaintiff's Complaint brought under the Freedom of Information Act (FOIA). The Defendant denies receiving the Plaintiff's FOIA request and argues that the Plaintiff has not exhausted administrative remedies. Accordingly, the Defendant shall, by March 22, 2019, file a dispositive motion. The Plaintiff must file an opposition to the Defendant's motion on or before April 22. The Defendant may reply by May 6, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/22/2019. (lctnm2) (Entered: 02/22/2019)
2019-02-22		Set/Reset Deadlines: Defendant's dispositive motion due by 3/22/2019. Plaintiff's opposition due by 4/22/2019. Defendant's reply due by 5/6/2019. (hmc) (Entered: 02/22/2019)
2019-03-11		Partial Filing Fee Received from Angel Pichardo-Martinez in the amount of $48.15, receipt number: 4616097095. (tth) (Entered: 03/12/2019)
2019-03-22	12	MOTION for Summary Judgment by UNITED STATES MARSHALS SERVICE (Attachments: # 1 Declaration of Sophia Y. Kil)(Hair, Christopher) (Entered: 03/22/2019)
2019-03-26	13	ORDER advising that if Plaintiff fails to respond to Defendant's 12 Motion for Summary Judgment by April 22, 2019, the Court may consider the motion as conceded. See attached Order for details. Signed by Judge Trevor N. McFadden on 3/26/2019. (hmc) (Entered: 03/26/2019)
2019-03-29	15	RESPONSE re 11 Answer to Complaint filed by ANGEL PICHARDO-MARTINEZ. (jf) (Entered: 04/03/2019)
2019-04-01	14	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES MARSHALS SERVICE served on 3/13/2019. (tth) (Entered: 04/03/2019)
2019-04-09		Partial Filing Fee Received from ANGEL PICHARDO-MARTINEZ in the amount of $90.40, receipt number: 4616097523. (zrdj) (Entered: 04/10/2019)
2019-04-11	16	RESPONSE re 11 Answer to Complaint filed by ANGEL PICHARDO-MARTINEZ. (tth) (Entered: 04/12/2019)
2019-04-11	17	AFFIDAVIT of Mailing re 16 Response to Document by ANGEL PICHARDO-MARTINEZ. (tth) (Entered: 04/12/2019)
2019-05-15		Partial Filing Fee Received from ANGEL PICHARDO-MARTINEZ in the amount of $44.53, receipt number: 4616098089. (zrdj) (Entered: 05/20/2019)
2019-07-03	18	ORDER denying 12 Motion for Summary Judgment. See attached Order for details. Signed by Judge Trevor N. McFadden on 07/03/2019. (lctnm2) (Entered: 07/03/2019)
2019-07-05		Set/Reset Deadlines: Service's Renewed Motion Summary Judgment due by 8/8/2019. Mr. Pichardo-Martinez's Opposition and Cross-Motion for Summary Judgment due by 9/6/2019. Service's combined Opposition and Reply due by 9/27/2019. Mr. Pichardo-Martinez's Reply due by 10/18/2019. (hmc) (Entered: 07/05/2019)
2019-08-05	19	MOTION for Extension of Time to File Renewed Motion for Summary Judgment by UNITED STATES MARSHALS SERVICE (Hair, Christopher) (Entered: 08/05/2019)
2019-08-05		MINUTE ORDER granting 19 Motion for an Extension of Time. Defendant shall file its Renewed Motion for Summary Judgment on or before August 16, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/5/2019. (lctnm1) (Entered: 08/05/2019)
2019-08-05		Set/Reset Deadlines: Defendant's Renewed Motion for Summary Judgment due by 8/16/2019. (hmc) (Entered: 08/05/2019)
2019-08-16	20	MOTION for Summary Judgment (Renewed) by UNITED STATES MARSHALS SERVICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Declaration of Sophia Y. Kill and Exhibits)(Hair, Christopher) (Entered: 08/16/2019)
2019-08-19	21	ORDER advising that if Plaintiff fails to respond to Defendant's 20 Renewed Motion for Summary Judgment by September 23, 2019, the Court may consider any factual assertions in the Defendant's affidavits as conceded. See attached Order for details. Signed by Judge Trevor N. McFadden on 8/19/2019. (lctnm2) Modified on 8/19/2019 to edit signature date (hmc). (Entered: 08/19/2019)
2019-08-20		Set/Reset Deadlines: Plaintiff's response to Defendant's Renewed Motion for Summary Judgment due by 9/23/2019. (hmc) (Entered: 08/20/2019)
2019-10-04	22	MOTION for Extension of Time to by ANGEL PICHARDO-MARTINEZ. "Leave to file GRANTED" by Judge Trevor N. McFadden on 10/4/19. "Seal Request DENIED" by Judge Trevor N. McFadden on 10/4/19. (ztth) (Entered: 10/04/2019)
2019-10-07		MINUTE ORDER granting Plaintiff's 22 Motion for Extension of Time. Plaintiff's response to Defendant's 20 Renewed Motion for Summary Judgment is due on or before October 23, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/7/2019, nunc pro tunc to 9/23/2019. (lctnm2) (Entered: 10/07/2019)
2019-10-07		Set/Reset Deadlines: Plaintiff's response to Defendant's Renewed Motion for Summary Judgment due by 10/23/2019. (hmc) (Entered: 10/07/2019)
2019-10-18	23	RESPONSE re 20 MOTION for Summary Judgment (Renewed) filed by ANGEL PICHARDO-MARTINEZ. "Leave to file GRANTED" by Judge Trevor N. McFadden on 10/18/19. (ztth) (Entered: 10/23/2019)
2019-10-30	24	REPLY to opposition to motion re 20 MOTION for Summary Judgment (Renewed) filed by UNITED STATES MARSHALS SERVICE. (Hair, Christopher) (Entered: 10/30/2019)
2019-12-04	25	RESPONSE re 20 MOTION for Summary Judgment (Renewed) filed by ANGEL PICHARDO-MARTINEZ. "Leave to file GRANTED" by Judge Trevor N. McFadden on 12/4/19. (ztth) (Entered: 12/06/2019)
2020-01-27	26	MEMORANDUM AND ORDER denying without prejudice Defendant's 20 Renewed Motion for Summary Judgment. See attached Memorandum and Order for details. Signed by Judge Trevor N. McFadden on 1/27/2020. (lctnm2) (Entered: 01/27/2020)
2020-01-27		Set/Reset Deadlines: Defendant's Second Renewed Motion for Summary Judgment due by 2/27/2020. Plaintiff's Opposition and Cross-Motion due by 3/26/2020. Defendant's Opposition and Reply due by 4/16/2020. Plaintiff's Reply due by 5/7/2020. (hmc) (Entered: 01/27/2020)
2020-02-20	27	MOTION for Extension of Time to File Defendant's Second Renewed Motion for Summary Judgment by UNITED STATES MARSHALS SERVICE (Hair, Christopher) (Entered: 02/20/2020)
2020-02-21		MINUTE ORDER granting Defendant's 27 Motion for Extension of Time. Defendant shall file its Second Renewed Motion for Summary Judgment on or before March 5, 2020. Plaintiff shall file his Opposition and any Cross-Motion for Summary Judgment on or before April 2, 2020. Defendant shall file its combined Opposition and Reply on or before April 23, 2020. Plaintiff shall file his Reply, if any, on or before May 14, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/21/2020. (lctnm2) (Entered: 02/21/2020)
2020-02-21		Set/Reset Deadlines: Summary judgment motion due by 3/5/2020; cross-motion and opposition to motion for summary judgment due by 4/2/2020; opposition to cross-motion and reply to opposition to motion for summary judgment due by 4/23/2020; reply to opposition to cross-motion due by 5/14/2020. (tg) (Entered: 02/21/2020)
2020-03-05	28	MOTION for Summary Judgment by UNITED STATES MARSHALS SERVICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Sophia Y. Kil (Second Supplemental), # 4 Text of Proposed Order)(Hair, Christopher) (Entered: 03/05/2020)
2020-03-06	29	ORDER advising that if Plaintiff fails to respond to Defendant's 28 Second Renewed Motion for Summary Judgment by April 2, 2020, the Court may consider any factual assertions in Defendant's affidavits as conceded. See attached Order for details. Signed by Judge Trevor N. McFadden on 3/6/2020. (lctnm2) (Entered: 03/06/2020)
2020-03-09		Set/Reset Deadlines: Plaintiff's Response to Dispositive Motion due by 4/2/2020. (tg) (Entered: 03/09/2020)
2020-10-07	30	MEMORANDUM OPINION re Defendant's 28 Second Renewed Motion for Summary Judgment. Signed by Judge Trevor N. McFadden on 10/7/2020. (hmc) Modified on 10/7/2020 (hmc). (Entered: 10/07/2020)
2020-10-07	31	ORDER. In accordance with the 30 Memorandum Opinion, Defendant's 28 Second Renewed Motion for Summary Judgment is GRANTED. The Clerk of the Court is directed to close the case. This is a final, appealable Order. Signed by Judge Trevor N. McFadden on 10/7/2020. (hmc) (Entered: 10/07/2020)
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