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Case TitleNEWMAN v. DRUG ENFORCEMENT ADMINISTRATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv00307
Date Filed2021-02-02
Date Closed2021-11-05
JudgeJudge Trevor N. McFadden
PlaintiffJOHN NEWMAN
Case DescriptionJohn Newman, a political science professor at James Madison University, specializing in the Presidency of John F. Kennedy, submitted FOIA requests to the Drug Enforcement Administration, the FBI, and the Executive Office for U.S. Attorneys for records concerning Cuban exile Manuel Antonio Carlos Veciana Blanche. Newman also requested a fee waiver. The agencies acknowledged receipt of the requests. DEA told Newman that it believed any responsive records would be held by EOUSA. Newman filed an administrative appeal of that decision to the Office of Information Policy. OIP remanded the request to DEA to conduct a search. The FBI told Newman it found no responsive records. Newman filed an administrative appeal to OIP. EOUSA failed to respond. Newman then filed suit against all three agencies.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantDRUG ENFORCEMENT ADMINISTRATION
DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantEXECUTIVE OFFICE OF UNITED STATES ATTORNEYS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-02-021COMPLAINT against DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 402 receipt number ADCDC-8154847) filed by JOHN NEWMAN. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons Attorney General, # 4 Summons Drug Enforcement Administration, # 5 Summons Executive Office of U.S. Attorneys, # 6 Summons Federal Bureau of Investigation, # 7 Summons U.S. Attorney)(Hardway, Dan) (Entered: 02/02/2021)
2021-02-03Case Assigned to Judge Trevor N. McFadden. (adh, ) (Entered: 02/03/2021)
2021-02-032SUMMONS (5) Issued Electronically as to DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 02/03/2021)
2021-02-033STANDING 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 2/3/2021. (lctnm3) (Entered: 02/03/2021)
2021-02-134REQUEST FOR SUMMONS TO ISSUE filed by JOHN NEWMAN. (Attachments: # 1 Summons)(Hardway, Dan) (Entered: 02/13/2021)
2021-02-185SUMMONS (1) REISSUED as to FEDERAL BUREAU OF INVESTIGATION (eg) (zeg). (Entered: 02/18/2021)
2021-02-206RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DRUG ENFORCEMENT ADMINISTRATION served on 2/12/2021 (Hardway, Dan) (Entered: 02/20/2021)
2021-02-277RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/19/2021. (Hardway, Dan) (Entered: 02/27/2021)
2021-03-038RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS served on 2/17/2021 (Hardway, Dan) (Entered: 03/03/2021)
2021-03-039RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/17/2021. Answer due for ALL FEDERAL DEFENDANTS by 3/19/2021. (Hardway, Dan) (Entered: 03/03/2021)
2021-03-1810ANSWER to Complaint by DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION.(Tilghman, Michael) (Entered: 03/18/2021)
2021-03-19MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before April 9, 2021. Signed by Judge Trevor N. McFadden on 3/19/2021. (lctnm3) (Entered: 03/19/2021)
2021-03-19Set/Reset Deadlines: Joint Status Report due by 4/9/2021. (hmc) (Entered: 03/19/2021)
2021-04-0911Joint STATUS REPORT by DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Tilghman, Michael) (Entered: 04/09/2021)
2021-04-09MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before May 10, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/9/2021. (lctnm3) (Entered: 04/09/2021)
2021-04-09Set/Reset Deadlines: Joint Status Report due by 5/10/2021. (hmc) (Entered: 04/09/2021)
2021-05-1012Joint STATUS REPORT by DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Tilghman, Michael) (Entered: 05/10/2021)
2021-05-11MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before June 20, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/11/2021. (lctnm3) (Entered: 05/11/2021)
2021-05-11Set/Reset Deadlines: Joint Status Report due by 6/20/2021. (hmc) (Entered: 05/11/2021)
2021-06-1813Joint STATUS REPORT by DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Tilghman, Michael) (Entered: 06/18/2021)
2021-06-18MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, the parties shall adhere to the following briefing schedule. Defendants shall file their motion for summary judgment on or before July 22, 2021. Plaintiff shall file his combined opposition and cross-motion for summary judgment on or before August 23, 2021. Defendants shall file their combined opposition and reply on September 6, 2021. Plaintiff shall file his reply, if any, on or before September 20, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/18/2021. (lctnm3) (Entered: 06/18/2021)
2021-06-21Set/Reset Deadlines: Defendant's motion for summary judgment due by 7/22/2021. Plaintiff's opposition and cross-motion due by 8/23/2021. Defendant's opposition and reply due by 9/6/2021. Plaintiff's reply due by 9/20/2021. (hmc) (Entered: 06/21/2021)
2021-07-2214MOTION for Summary Judgment by DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Memorandum in Support, # 2 Defendants' Statement of Undisputed Material Facts, # 3 Declaration of Angela D. Hertel, # 4 Declaration of Kara Cain, # 5 Declaration of Michael G. Seidel, # 6 Text of Proposed Order)(Tilghman, Michael) (Entered: 07/22/2021)
2021-08-0215ERRATA by DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION re 14 MOTION for Summary Judgment filed by EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, DRUG ENFORCEMENT ADMINISTRATION, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Memorandum in Support (Corrected), # 2 Defendants' Statement of Undisputed Material Facts (Corrected))(Tilghman, Michael) (Entered: 08/02/2021)
2021-08-1416Unopposed MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Summary Judgment by JOHN NEWMAN. (Hardway, Dan) (Entered: 08/14/2021)
2021-08-16MINUTE ORDER granting Plaintiff's 16 Unopposed Motion for Extension of Time. The parties shall adhere to the following briefing schedule. Plaintiff shall file his combined opposition and cross-motion for summary judgment on or before September 23, 2021. Defendants shall file their combined opposition and reply on or before October 14, 2021. Plaintiff shall file his reply, if any, on or before November 4, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/16/2021. (lctnm3) (Entered: 08/16/2021)
2021-08-16Set/Reset Deadlines: Plaintiff's combined opposition and cross-motion due by 9/23/2021. Defendants' combined opposition and reply due by 10/14/2021. Plaintiff's reply due by 11/4/2021. (hmc) (Entered: 08/16/2021)
2021-09-1517Consent MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Summary Judgment by JOHN NEWMAN. (Hardway, Dan) (Entered: 09/15/2021)
2021-09-15MINUTE ORDER denying Plaintiff's 17 Consent Motion for Extension of Time. The Court already granted an extension in its 8/16/2021 Minute Order, and the parties do not provide specific reasons why a second extension is required. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/15/2021. (lctnm3) (Entered: 09/15/2021)
2021-09-2318Cross MOTION for Summary Judgment by JOHN NEWMAN. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Supplement Response to Def Statement, # 4 Statement of Facts, # 5 Text of Proposed Order)(Hardway, Dan) (Entered: 09/23/2021)
2021-09-2319RESPONSE re 14 MOTION for Summary Judgment filed by JOHN NEWMAN. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Supplement Response to Def Statement, # 4 Statement of Facts, # 5 Text of Proposed Order)(Hardway, Dan) (Entered: 09/23/2021)
2021-10-1420REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Second Declaration of Angela D. Hertel, # 2 Second Declaration of Michael G. Seidel)(Tilghman, Michael) (Entered: 10/14/2021)
2021-10-1421Memorandum in opposition to re 18 Cross MOTION for Summary Judgment filed by DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Second Declaration of Angela D. Hertel, # 2 Second Declaration of Michael G. Seidel, # 3 Defendants' Response to Plaintiff's Statement of Undisputed Material Facts, # 4 Text of Proposed Order)(Tilghman, Michael) (Entered: 10/14/2021)
2021-11-0422STIPULATION of Dismissal by DRUG ENFORCEMENT ADMINISTRATION, EXECUTIVE OFFICE OF UNITED STATES ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Tilghman, Michael) (Entered: 11/04/2021)
2021-11-04MINUTE ORDER. Upon consideration of Defendants' 22 Stipulation of Dismissal, this case is hereby DISMISSED with prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court shall close this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/4/2021. (lctnm3) (Entered: 11/04/2021)
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