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Case TitleStoufer v. Federal Bureau of Investigation et al
DistrictDistrict of Alaska
CityAnchorage
Case Number3:2020cv00046
Date Filed2020-02-26
Date Closed2021-04-27
JudgeSharon L. Gleason
PlaintiffSteven Stoufer
Case DescriptionSteven Stoufer submitted a FOIA request to the Office of the Inspector General at the Department of Justice for records concerning himself. OIG acknowledged receipt of the request and provided a single document. Stoufer filed an administrative appeal with the Office of Information Policy. OIP upheld OIG's response to Stoufer's request. Stoufer then submitted a FOIA request to the FBI for records concerning himself. The FBI acknowledged receipt of the request. The FBI split Stoufer's request into two separate requests. For one request, the agency told Stoufer it could find no records. For the other request, the FBI told Stoufer his request was not sufficiently descriptive to allow for a search. Stoufer filed an administrative appeal with OIP of the no records response. OIP upheld the FBI's decision. Stoufer then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantFederal Bureau of Investigation
DefendantDepartment of Justice Office of Inspector General
DefendantOffice of the Attorney General
DefendantUnited States Marshals Service
DefendantDepartment of Justice
Documents
Docket
Complaint
Opinion/Order [13]
Opinion/Order [45]
FOIA Project Annotation: A federal judge in Alaska has ruled that the FBI properly issued a no-records response to Steven Stoufer in response his request for records pertaining to his allegation that the agency had retaliated against him for refusing to become an informant. The court noted that "given that Plaintiff sought records related to himself, ostensibly alleging that he is the subject of â€" or associated with â€" FBI law enforcement activity, ay such information would reasonably be expected to reside within [the Central Records System]. The FBI searched the system twice with adequate variations and found no responsive records." Stoufer objected to the fact that the FBI was unable to find several emails he had sent. The court, however, noted that "plaintiff has not adduced admissible evidence of his alleged communications with the FBI. The purported emails are merely lines of text. The documents do not contain the distinctive characteristics of an email, such as the identity of the sender and the recipient, the date and time sent, and the subject line. Accordingly, the Court declines to consider these documents in assessing the adequacy of the FBI's search. And even if the Court were to consider the purported emails, 'the failure to produce or identity a few isolated documents cannot by itself prove the searches inadequate.'"
Issues: Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-02-261COMPLAINT against Department of Justice Office of Inspector General, Federal Bureau of Investigation (Filing fee $400/receipt #ANC016654.), filed by Steven Stoufer.(PXS, COURT STAFF) (Entered: 02/26/2020)
2020-02-262Civil Cover Sheet. (PXS, COURT STAFF) (Entered: 02/26/2020)
2020-02-273Unissued summons re Defendant Federal Bureau of Investigation, (Attachments: # 1 Unissued Summons re Defendant DOJ Office of Inspector General)(PXS, COURT STAFF) (Entered: 02/27/2020)
2020-02-27Summons Issued as to Department of Justice Office of Inspector General, Federal Bureau of Investigation(PXS, COURT STAFF) (Entered: 02/27/2020)
2020-04-134ORDER re Notice of Stay. This case is stayed until 5/1/2020. Signed by Judge Sharon L. Gleason on 4/13/20. (JLH, COURT STAFF) (Entered: 04/13/2020)
2020-04-135AFFIDAVIT of Service for Summons, filed by Steven Stoufer. (PXS, COURT STAFF) (Entered: 04/14/2020)
2020-04-276FIRST AMENDED NOTICE OF STAY: This case is stayed until 6/1/2020. Signed by Judge Sharon L. Gleason on 4/27/20. (JLH, COURT STAFF) (Entered: 04/27/2020)
2020-05-227NOTICE OF DISCONTINUATION OF COPIES Signed by Judge Sharon L. Gleason on 5/22/20. (JLH, COURT STAFF) (Entered: 05/22/2020)
2020-06-038ANSWER to 1 Complaint by Department of Justice Office of Inspector General, Federal Bureau of Investigation.(Fonstad, John) (Entered: 06/03/2020)
2020-06-049INITIAL CASE STATUS REPORT/CASE SCHEDULING AND PLANNING ORDER: Counsel for plaintiff shall serve and file the Rule 26 Meeting Report within 21 days of service of this order. Signed by Judge Sharon L. Gleason on 6/4/2020. (CFR, Chambers Staff) (Entered: 06/04/2020)
2020-06-0511FINANCIAL AFFIDAVIT - CJA 23 by Steven Stoufer. (PXS, COURT STAFF) (Entered: 06/08/2020)
2020-06-1112RESPONSE TO ORDER [DKT 9] re INITIAL SCHEDULING & PLANNING CONFERENCE REPORT by Department of Justice Office of Inspector General, Federal Bureau of Investigation. (Fonstad, John) (Entered: 06/11/2020)
2020-06-1213ORDER re 10 EX PARTE MOTION filed by Steven Stoufer. The Motion to file Ex Parte is GRANTED. The underlying Motion Requesting Volunteer Attorney is DENIED. Signed by Judge Sharon L. Gleason on 6/12/20. (JLH, COURT STAFF) (Entered: 06/12/2020)
2020-06-1614ORDER re 12 Response to Order filed by Department of Justice Office of Inspector General, Federal Bureau of Investigation. Signed by Judge Sharon L. Gleason on 6/16/2020. (CFR, CHAMBERS STAFF) (Entered: 06/16/2020)
2020-06-1615MOTION for Continuance for Response to Motion for Clarification and Conference Report re 12 Response to Order by Steven Stoufer.(PXS, COURT STAFF) (Entered: 06/16/2020)
2020-06-1816SLG TEXT ORDER : In light of the order at docket 14 in which the Court provided clarification regarding the order at docket 9 , Plaintiffs Motion for Continuance for Response to Motion for Clarification and Conference Report at docket 15 is denied as moot. The parties shall confer and propose a briefing schedule by 7/8/2020 as specified at docket 14 . (CFR, CHAMBERS STAFF) (Entered: 06/18/2020)
2020-07-0817STATUS REPORT (JOINT) by Federal Bureau of Investigation. (Attachments: # 1 Proposed Order)(Fonstad, John) (Entered: 07/08/2020)
2020-07-0918SCHEDULING ORDER . Signed by Judge Sharon L. Gleason on 7/9/2020. (CFR, CHAMBERS STAFF) (Entered: 07/09/2020)
2020-07-1319MOTION to Amend 1 Complaint by Steven Stoufer. (Attachments: # 1 Proposed Amended Complaint, # 2 Proposed Order)(PXS, COURT STAFF) (Entered: 07/14/2020)
2020-07-1720RESPONSE to Motion (Non-Opposition) re 19 MOTION to Amend/Correct 1 Complaint filed by Department of Justice Office of Inspector General. (Fonstad, John) (Entered: 07/17/2020)
2020-07-2021ORDER granting 19 Motion to Amend/Correct. Signed by Judge Sharon L. Gleason on 7/20/2020. (CFR, CHAMBERS STAFF) (Entered: 07/20/2020)
2020-07-2122AMENDED COMPLAINT against Department of Justice, Department of Justice Office of Inspector General, Federal Bureau of Investigation, Office of the Attorney General, United States Marshals Service, filed by Steven Stoufer.(PXS, COURT STAFF) (Entered: 07/21/2020)
2020-07-2423Unissued summons re Defendant Office of the Attorney General, (Attachments: # 1 Unissued Summons re Defendant U.S. Department of Justice, # 2 Unissued Summons re Defendant U.S. Federal Marshals)(PXS, COURT STAFF) (Entered: 07/24/2020)
2020-07-24Summons Issued as to Department of Justice, Office of the Attorney General, United States Marshals Service. (PXS, COURT STAFF) (Entered: 07/24/2020)
2020-07-2924AFFIDAVIT of Service for Summons served on All Defendants on 7/28/2020, filed by Steven Stoufer. (PXS, COURT STAFF) (Entered: 07/31/2020)
2020-07-2925COPY of Summons issued to Office of the Attorney General by Steven Stoufer (PXS, COURT STAFF) (Entered: 07/31/2020)
2020-07-2926COPY of Summons issued to U.S. Department of Justice by Steven Stoufer (PXS, COURT STAFF) (Entered: 07/31/2020)
2020-07-2927COPY of Summons issued to U.S. Federal Marshals by Steven Stoufer (PXS, COURT STAFF) (Entered: 07/31/2020)
2020-08-0428ANSWER to 22 Amended Complaint by Department of Justice Office of Inspector General, Federal Bureau of Investigation.(Fonstad, John) (Entered: 08/04/2020)
2020-08-1229SUPPLEMENT (with page 4) by Steven Stoufer 22 Amended Complaint filed by Steven Stoufer. (PXS, COURT STAFF) (Entered: 08/12/2020)
2020-08-2730ANSWER to 22 Amended Complaint by United States Marshals Service.(Fonstad, John) (Entered: 08/27/2020)
2020-08-2731ANSWER to 22 Amended Complaint by Office of the Attorney General.(Fonstad, John) (Entered: 08/27/2020)
2020-09-0232MOTION for Clarification of Disputed Facts and Need for Discovery by Steven Stoufer. (Attachments: # 1 A, # 2 B, # 3 Proposed Order)(PXS, COURT STAFF) (Entered: 09/04/2020)
2020-09-1133RESPONSE in Opposition re 32 MOTION for Clarification of Disputed Facts and Need for Discovery filed by Department of Justice, Department of Justice Office of Inspector General, Federal Bureau of Investigation, Office of the Attorney General, United States Marshals Service. (Fonstad, John) (Entered: 09/11/2020)
2020-09-1734REPLY to Response to Motion re 32 MOTION for Clarification of Disputed Facts and Need for Discovery filed by Steven Stoufer. (PXS, COURT STAFF) (Entered: 09/18/2020)
2020-09-2835NOTICE Defendants' Proposed Scheduling Order by Department of Justice, Department of Justice Office of Inspector General, Federal Bureau of Investigation, Office of the Attorney General, United States Marshals Service re 18 Order (Attachments: # 1 Proposed Order)(Fonstad, John) (Entered: 09/28/2020)
2020-09-3036NOTICE Proposed Scheduling Order by Steven Stoufer (Attachments: # 1 Scheduling Order)(PXS, COURT STAFF) (Entered: 10/02/2020)
2020-10-0737ORDER RE PLAINTIFF'S REQUEST FOR CLARIFICATION OF DISPUTED FACTS AND NEED FOR DISCOVERY AND SCHEDULING ORDER: Plaintiff's motion for discovery at this time, at docket 32 , is DENIED. Plaintiff seeking clarification or interpretation of Defendants' answer by the Court, is DENIED. Defendant shall file a motion for summary judgement by 11/6/2020 . See Order for additional deadlines. Signed by Judge Sharon L. Gleason on 10/7/20. (JLH, COURT STAFF) (Entered: 10/07/2020)
2020-11-0338MOTION for Summary Judgment by Department of Justice, Department of Justice Office of Inspector General, Federal Bureau of Investigation, Office of the Attorney General, United States Marshals Service. (Attachments: # 1 Exhibit A - FBI Declaration, # 2 Exhibit B - OIG Declaration, # 3 Exhibit C - OIG FOIA Production, # 4 Exhibit D - DOJ-OIP Declaration, # 5 Exhibit E - USMS Declaration)(Fonstad, John) (Entered: 11/03/2020)
2020-11-0439Notice to Counsel re 38 MOTION for Summary Judgment. A review of the document submitted at dkt 38 confirms that it is over 25 pages in length. If a CHAMBERS copy of the document has not been forwarded to the Court, counsel is reminded that, pursuant to D.Ak.LR 5.4 and the Administrative Policies and Procedures, you are required to provide the court with a CHAMBERS copy of your filing at dkt 38. The CHAMBERS copy must be attached to a copy of the Notice of Electronic Filing and must be printed with the ECF pdf footer on each page. (JLH, COURT STAFF) (Entered: 11/04/2020)
2020-12-0140DECLARATION of Steven Stoufer by Steven Stoufer. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(PXS, COURT STAFF) Modified on 12/4/2020 to link to dkt 38 (JLH, COURT STAFF). (Entered: 12/02/2020)
2020-12-1441REPLY to Response to Motion re 38 MOTION for Summary Judgment filed by Department of Justice, Department of Justice Office of Inspector General, Federal Bureau of Investigation, Office of the Attorney General, United States Marshals Service. (Attachments: # 1 Exhibit A: Supplemental Declaration of Michael G. Seidel)(Fonstad, John) (Entered: 12/14/2020)
2021-04-1242MOTION to Amend Complaint to Add Defendant 22 Amended Complaint by Steven Stoufer. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(PXS, COURT STAFF) (Entered: 04/14/2021)
2021-04-1543RESPONSE in Opposition re 42 MOTION to Amend/Correct 22 Amended Complaint filed by Department of Justice, Department of Justice Office of Inspector General, Federal Bureau of Investigation, Office of the Attorney General, United States Marshals Service. (Fonstad, John) (Entered: 04/15/2021)
2021-04-2744ORDER denying 42 Motion to Amend/Correct Amended Complaint. Signed by Judge Sharon L. Gleason on 4/27/21. (JLH, COURT STAFF) (Entered: 04/27/2021)
2021-04-2745ORDER granting 38 Motion for Summary Judgment. Signed by Judge Sharon L. Gleason on 4/27/21. (JLH, COURT STAFF) (Entered: 04/27/2021)
2021-04-2746JUDGMENT Signed by Judge Sharon L. Gleason on 4/27/21. (JLH, COURT STAFF) (Entered: 04/27/2021)
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by FOIA Project Staff
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