| Date Filed | Doc # | Docket Text |
|
| 2020-12-14 | | Initiating Pleading & IFP Application Received on 12/14/2020. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zsb) (Entered: 12/17/2020) |
| 2020-12-14 | 1 | COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE filed by JEHU HAND.(zsb) (Entered: 12/17/2020) |
| 2020-12-14 | 2 | MOTION for Leave to Proceed in forma pauperis by JEHU HAND (Attachment: # 1 Declaration)(zsb) (Entered: 12/17/2020) |
| 2020-12-17 | | ***Staff notes: A copy of the Docket Sheet was mailed to the pro se party at the address of record. (zmd) (Entered: 12/17/2020) |
| 2020-12-17 | 3 | PRO SE ORDER directing within 30 days of this Order, unless an extension of time is granted, plaintiff to provide a six month trust fund prisoner account statement and failure to comply will result in dismissal of case. Plaintiff shall provide the requested information specific within this order. Pro Se party has been notified by first class mail. Signed by Judge Christopher R. Cooper on 12/17/2020. (zsb) (Entered: 12/17/2020) |
| 2020-12-28 | 4 | NOTICE of Change of Address by JEHU HAND (zsb) (Entered: 12/31/2020) |
| 2020-12-28 | 5 | Mail Returned as Undeliverable; Sent to JEHU HAND; Type of Document Returned: Docket Sheet.; Resent at New Address: HERLONG FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 800 HERLONG, CA 96113. (zsb) (Entered: 12/31/2020) |
| 2021-01-08 | 6 | NOTICE of Change of Address by JEHU HAND (zsb) (Entered: 01/13/2021) |
| 2021-01-08 | 7 | PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by JEHU HAND (zsb) (Entered: 01/13/2021) |
| 2021-01-21 | 8 | ORDER directing an initial partial filing fee in the amount of $31.86 from Prison Account of JEHU HAND 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 Judge Tanya S. Chutkan on 01/20/2021. (zsb) (Entered: 01/21/2021) |
| 2021-01-21 | | Case Assigned to Judge Timothy J. Kelly. (zsb) (Entered: 01/21/2021) |
| 2021-02-08 | 9 | SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General sent to the U.S. Marshals Service (zsb) (Entered: 02/08/2021) |
| 2021-02-08 | 11 | NOTICE of Change of Address by JEHU HAND (adh, ) (Entered: 02/11/2021) |
| 2021-02-09 | 10 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 2/9/2021. (ztth) (Entered: 02/10/2021) |
| 2021-04-07 | 12 | NOTICE of Appearance by Brenda A. Gonzalez-Horowitz on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Gonzalez-Horowitz, Brenda) (Entered: 04/07/2021) |
| 2021-04-07 | 13 | MOTION for Extension of Time to File Response to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF JUSTICE. (Gonzalez-Horowitz, Brenda) (Entered: 04/07/2021) |
| 2021-04-12 | | MINUTE ORDER: treating as opposed, and granting for good cause shown, Defendant's 13 Motion for Extension of Time. It is hereby ORDERED that the 13 Motion is GRANTED and Defendant shall answer or otherwise respond to the Complaint by May 7, 2021. Signed by Judge Timothy J. Kelly on 4/12/21. (lctjk2) (Entered: 04/12/2021) |
| 2021-04-21 | 14 | ADMINISTRATIVE RECORD by JEHU HAND. (ztth) (Entered: 04/26/2021) |
| 2021-04-23 | 15 | NEW Request For Pro Se Electronic Noticing by JEHU HAND (ztth) (Entered: 04/28/2021) |
| 2021-05-07 | 16 | ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF JUSTICE.(Gonzalez-Horowitz, Brenda) (Entered: 05/07/2021) |
| 2021-05-10 | | MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by June 10, 2021. Signed by Judge Timothy J. Kelly on 5/10/21. (lctjk2) (Entered: 05/10/2021) |
| 2021-05-11 | | Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 6/10/2021. (zkh) (Entered: 05/11/2021) |
| 2021-06-10 | 17 | Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Gonzalez-Horowitz, Brenda) (Entered: 06/10/2021) |
| 2021-06-17 | | MINUTE ORDER: Upon consideration of the parties' 17 Joint Status Report, it is hereby ORDERED that (1) Defendant shall file its motion for summary judgment by July 23, 2021; (2) Plaintiff shall file his combined opposition and cross-motion for summary judgment by August 23, 2021; (3) Defendant shall file its combined opposition and reply by September 13, 2021; and (4) Plaintiff shall file any reply by October 4, 2021. Signed by Judge Timothy J. Kelly on 6/17/21. (lctjk2) (Entered: 06/17/2021) |
| 2021-07-23 | 18 | MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Declaration of Michael G. Seidel)(Gonzalez-Horowitz, Brenda) (Entered: 07/23/2021) |
| 2021-07-29 | 19 | ENTERED IN ERROR..... ORDER advising Plaintiff to respond by August 23, 2021. See order for details. Signed by Judge Timothy J. Kelly on 7/29/21. (lctjk2) Modified to mark as error on 8/6/2021 (zkh). (Entered: 07/29/2021) |
| 2021-08-06 | 20 | ORDER advising Plaintiff to respond by August 23, 2021. Signed by Judge Timothy J. Kelly on 8/6/21. (lctjk2) (Entered: 08/06/2021) |
| 2021-08-23 | 21 | Memorandum in opposition to 18 MOTION for Summary Judgment filed by JEHU HAND. (Attachments: # 1 Text of Proposed Order, # 2 Declaration, # 3 Exhibits) (ztth) (Entered: 08/24/2021) |
| 2021-08-23 | 22 | CROSS MOTION for Summary Judgment by JEHU HAND. (See Docket Entry 21 to view document) (ztth) (Entered: 08/24/2021) |
| 2021-09-13 | 23 | REPLY to opposition to motion re 18 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Michael G. Seidel, # 2 Defendant's Response to Plaintiff's Statement of Facts)(Gonzalez-Horowitz, Brenda) (Entered: 09/13/2021) |
| 2021-09-13 | 24 | Memorandum in opposition to re 22 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Michael G. Seidel, # 2 Defendant's Response to Plaintiff's Statement of Facts)(Gonzalez-Horowitz, Brenda) (Entered: 09/13/2021) |
| 2021-09-24 | 25 | REPLY to opposition to motion re 18 MOTION for Summary Judgment filed by JEHU HAND. (ztth); Modified date filed on 9/30/2021 (ztth). (Entered: 09/28/2021) |
| 2021-09-27 | 25 | REPLY to opposition to motion re 18 MOTION for Summary Judgment filed by JEHU HAND. (ztth) (Entered: 09/28/2021) |
| 2022-02-16 | | MINUTE ORDER denying without prejudice Defendant's 18 Motion for Summary Judgment and Plaintiff's 22 Cross-Motion for Summary Judgment. In this FOIA case, the parties have cross-moved for summary judgment as to the adequacy of Defendant's Glomar response (a response refusing to confirm or deny the existence of responsive records) under FOIA Exemptions 6 and 7(C) to Plaintiff's FOIA request. In its motion, Defendant relies on its invocation of Exemption 7(C) to argue that it is entitled to summary judgment, see ECF No. 18 at 13-16, and it has the burden to show that this exemption applies, see 5 U.S.C. § 552(a)(4)(B). Under Exemption 7(C), an agency may issue a Glomar response if (among other things) the records requested are "records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information... could reasonably be expected to constitute an unwarranted invasion of personal privacy." 5 U.S.C. § 552(b)(7)(C). Thus, Defendant had to make a threshold showing that any responsive records in its possession were "compiled for law enforcement purposes." It purports to do so by relying on an affidavit accompanying its motion. See ECF No. 18 at 15-16; ECF No. 18-1 ¶¶ 34-37; ECF No. 18-2 ¶¶ 27-28. Of course, the Court can grant summary judgment in favor of Defendant here based on an affidavit, but that affidavit must contain reasonable specificity of detail, and if it does not, the Court may not do so. See PETA v. Natl Insts. of Health, Dept of Health & Human Servs. , 745 F.3d 535, 540 (D.C. Cir. 2014); Campbell v. U.S. DOJ , 164 F.3d 20, 32 (D.C. Cir. 1998). The affidavit Defendant has submitted does not contain sufficient specificity of detail to carry Defendant's burden to make the requisite threshold showing. In particular, the affidavit never even clearly asserts, let alone specifically details, that all responsive records in Defendant's possession, assuming they exist at all, "would have been compiled for a law enforcement purpose." Cf. Lindsey v. FBI , 490 F. Supp. 3d 1, 17 (D.D.C. 2020). Instead, the affidavit simply claims that Defendant may possess responsive "investigative records" that would "readily meet the threshold requirement" of Exemption 7(C). See ECF No. 18-2 ¶ 28. But the fact that Defendant may possess responsive investigative records meeting Exemption 7(C)'s threshold requirement does not mean that all responsive records in its possession--such as, for instance, an email from Viau to AUSA Thomadakis in DOJ's possession--are such investigative records. Cf. Lindsey v. FBI , 271 F. Supp. 3d 1, 6 (D.D.C. 2017) ("Not every document compiled by a law enforcement agency, such as the FBI, is compiled for a law enforcement purpose."). It may be that Defendant rested its Glomar response on a "flawed interpretation of Plaintiff's FOIA request," but a "FOIA requestor does not abandon the full scope of his request merely by showing a heightened interest in some documents over others." See id. at 6-7. Nevertheless, the Court shall provide Defendant an opportunity either to supplement its affidavit in support of its Glomar response or to proceed otherwise in a manner consistent with its obligations under FOIA. See, e.g. , id. at 8; Fed. R. Civ. P. 56(e). Thus, it is hereby ORDERED that Defendant's 18 Motion for Summary Judgment and Plaintiff's 22 Cross-Motion for Summary Judgment are DENIED WITHOUT PREJUDICE. It is further ORDERED that the parties shall file a joint status report by March 2, 2022, updating the Court on how they intend to proceed and proposing a schedule for such further proceedings. Signed by Judge Timothy J. Kelly on 02/16/2022. (lctjk2) (Entered: 02/16/2022) |
| 2022-03-01 | 26 | NOTICE of Appearance by Bradley Silverman on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Silverman, Bradley) (Entered: 03/01/2022) |
| 2022-03-01 | 27 | Consent MOTION for Extension of Time to File Joint Status Report by UNITED STATES DEPARTMENT OF JUSTICE. (Silverman, Bradley) (Entered: 03/01/2022) |
| 2022-03-02 | | MINUTE ORDER granting 27 Consent Motion for Extension of Time. It is hereby ORDERED, for good cause shown, that the 27 Consent Motion is GRANTED. It is further ORDERED that the parties shall file a joint status report by April 1, 2022, updating the Court on how they intend to proceed and proposing a schedule for such further proceedings. Signed by Judge Timothy J. Kelly on 03/02/2022. (lctjk2) (Entered: 03/02/2022) |
| 2022-04-01 | 28 | STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Silverman, Bradley) (Entered: 04/01/2022) |
| 2022-04-04 | | MINUTE ORDER: Upon consideration of 28 Defendant's Status Report, it is hereby ORDERED that the parties shall file a joint status report by May 2, 2022, including, if appropriate, a joint proposed briefing schedule. Signed by Judge Timothy J. Kelly on 04/04/2022. (lctjk2) (Entered: 04/04/2022) |
| 2022-04-29 | 29 | Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Silverman, Bradley) (Entered: 04/29/2022) |
| 2022-05-05 | | MINUTE ORDER: Upon consideration of the parties' 29 Joint Status Report, it is hereby ORDERED that the following schedule shall govern renewed summary judgment briefing in this case: Defendant shall file its motion for summary judgment by June 20, 2022; Plaintiff shall file his response and cross-motion for summary judgment by August 8, 2022; Defendant shall file its reply and cross-response by September 26, 2022; and Plaintiff shall file his cross-reply by October 17, 2022. Signed by Judge Timothy J. Kelly on 05/05/2022. (lctjk2) (Entered: 05/05/2022) |
| 2022-06-16 | 30 | Unopposed MOTION for Extension of Time to File Renewed Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Gonzalez Horowitz, Brenda) (Entered: 06/16/2022) |
| 2022-06-20 | | MINUTE ORDER granting Defendant's 30 Unopposed Motion for Extension of Time. It is hereby ORDERED, for good cause shown, that Defendant's 30 Unopposed Motion is GRANTED. It is further ORDERED that Defendant shall file its motion for summary judgment by June 28, 2022. The other deadlines set by the Court's Minute Order of May 5, 2022, remain in effect. Signed by Judge Timothy J. Kelly on 06/20/2022. (lctjk2) (Entered: 06/20/2022) |
| 2022-06-28 | 31 | MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Declaration of Michael G. Seidel (Supplemental), # 3 Text of Proposed Order)(Gonzalez Horowitz, Brenda) (Entered: 06/28/2022) |
| 2022-06-29 | 32 | ORDER advising Plaintiff to respond to Defendant's 31 Renewed Motion for Summary Judgment. See Order for details. Signed by Judge Timothy J. Kelly on 06/29/2022. (lctjk2) (Entered: 06/29/2022) |
| 2022-08-02 | 33 | Memorandum in opposition to 31 Motion for Summary Judgment filed by JEHU HAND. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Statement of Facts, # 4 Text of Proposed Order) (ztth) (Entered: 08/03/2022) |
| 2022-08-02 | 34 | CROSS MOTION for Summary Judgment by JEHU HAND. (See Docket Entry 33 to view document) (ztth) (Entered: 08/03/2022) |
| 2022-09-26 | 35 | REPLY to opposition to motion re 31 MOTION for Summary Judgment , 34 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Defendant's Response to Plaintiff's Statement of Undisputed Material Facts, # 2 Text of Proposed Order)(Gonzalez Horowitz, Brenda) (Entered: 09/26/2022) |
| 2022-09-26 | 36 | Memorandum in opposition to re 34 Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (See Docket Entry 35 to view document) (ztth) (Entered: 09/27/2022) |
| 2022-10-17 | 37 | REPLY to opposition to motion re 34 MOTION for Summary Judgment filed by JEHU HAND. (ztth) (Entered: 10/20/2022) |
| 2022-12-21 | 38 | NOTICE OF SUBSTITUTION OF COUNSEL by John Bardo on behalf of UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Brenda Gonzalez-Horowitz (Bardo, John) (Entered: 12/21/2022) |
| 2023-03-29 | 39 | ORDER granting Defendant's 31 Renewed Motion for Summary Judgment and denying Plaintiff's 33 34 Cross-Motion for Summary Judgment. See Order for details. Signed by Judge Timothy J. Kelly on 3/29/2023. (lctjk2) (Entered: 03/29/2023) |
| 2023-03-29 | 40 | MEMORANDUM OPINION in support of 39 Order granting Defendant's 31 Renewed Motion for Summary Judgment and denying Plaintiff's 33 34 Cross-Motion for Summary Judgment. Signed by Judge Timothy J. Kelly on 3/29/2023. (lctjk2) (Entered: 03/29/2023) |
| 2023-04-10 | 41 | NOTICE OF APPEAL TO DC CIRCUIT COURT as to 39 Order on Motion for Summary Judgment, 40 Memorandum & Opinion by JEHU HAND. Fee Status: No Fee Paid. Parties have been notified. (ztth) (Entered: 04/11/2023) |
| 2023-04-11 | 42 | Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court or motion to proceed In Forma Pauperis has been decided re 41 Notice of Appeal to DC Circuit Court. (ztth) (Entered: 04/11/2023) |
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