Case Detail

FOIA Project Annotation: Judge Christopher Cooper has ruled that the Defense Finance and Accounting Service Agency conducted an adequate search when it told the law firm of Snider and Associates that it could not search its database for payroll records of certain civilian employees at Norfolk Naval Shipyard without their social security numbers. When DFAS responded that it was unable to search the database most likely to contain the payroll data without social security numbers, Snider and Associates filed suit, arguing that the firm had previously obtained such information from other DFAS client agencies and that a three-year-old email from the Norfolk Naval Shipyard's General Counsel indicating that DFAS was willing to provide the shipyard with such information proved that DFAS could locate the information without a social security number. Neither argument, however, persuaded Cooper. He pointed out that "although terse, DFAS's affidavits are specific enough to enable the Court to determine that an adequate search was performed." He added that the agency's declaration that "only [its Defense Civilian Payroll System] is likely to contain responsive records and that it requires social security numbersâ€"coupled with the position within DFAS [of the declarant] and his explanation that DCPS is the only record system likely to contain Department of the Navy civilian employee recordsâ€"are sufficient to establish that DFAS conducted an adequate search." He rejected the claim of one of the law firm's IT employees that other agencies had provided such information without the need for social security numbers. Cooper explained that "Snider's purposed receipt of similar information from other entities without providing social security numbers fails to establish that DFAS does not require social security numbers to search its database because these other entities are all distinct organizations with distinct systems." Cooper also rejected the argument that an email from the General Counsel at the Naval Shipyard supported the law firm's claim that the data was available. Cooper pointed out that David Bach, the employee in the General Counsel's Office at the Naval Shipyard who wrote the email "does not work for DFAS; his email does not explain who at DFAS agreed to make these calculations; and, apparently no one from DFAS has provided these calculations to Bach in the more-than three years since his email."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2010-10-26	1	COMPLAINT against ROBERT M. GATES ( Filing fee $ 350, receipt number 4616033740) filed by LAW OFFICES OF SNIDER AND ASSOCIATES, LLC.. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 10/28/2010)
2010-10-26		SUMMONS Not Issued as to ROBERT M. GATES (jf, ) (Entered: 10/28/2010)
2010-11-09		SUMMONS (3) Issued as to ROBERT M. GATES, U.S. Attorney and U.S. Attorney General. (jf, ) (Entered: 11/09/2010)
2010-11-12	2	STANDING ORDER. Signed by Judge Richard J. Leon on 11/12/10. (lcrjl2) (Entered: 11/12/2010)
2010-12-07	3	NOTICE of Appearance by Rhonda Lisa Campbell on behalf of ROBERT M. GATES (Campbell, Rhonda) (Entered: 12/07/2010)
2010-12-16	4	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by ROBERT M. GATES (Campbell, Rhonda) (Entered: 12/16/2010)
2010-12-19		MINUTE ORDER GRANTING 4 Defendant's Unopposed Motion for Extension of Time to Answer. It is hereby ORDERED that Defendant's motion is GRANTED. It is further ORDERED that Defendant has up to and including January 21, 2011, to file its answer or to otherwise respond. Signed by Judge Richard J. Leon on 12/19/10.(lcrjl2) (Entered: 12/19/2010)
2010-12-20		Set/Reset Deadlines: Defendant's answer due by 1/21/2011. (kc ) (Entered: 12/20/2010)
2011-01-20		Case reassigned to U.S. District Judge Robert L. Wilkins. Judge Richard J. Leon no longer assigned to the case. (gt, ) (Entered: 01/20/2011)
2011-01-21	5	ANSWER to 1 Complaint by ROBERT M. GATES.(Campbell, Rhonda) (Entered: 01/21/2011)
2011-03-08	6	STATUS REPORT by LAW OFFICES OF SNIDER AND ASSOCIATES, LLC.. (Attachments: # 1 Text of Proposed Order)(Feldman, Allan) (Entered: 03/08/2011)
2011-03-17	7	ORDERED that Defendants Motion for Summary Judgment will be due on April 11, 2011. Plaintiffs Cross Motion for Summary Judgment and Opposition will be due on May 11, 2011. Defendants Reply in support of their motion for Summary Judgment and opposition will be due on May 25, 2011. Plaintiffs Reply in support of their motion for Summary Judgment will be due on June 7, 2011. Signed by Judge Robert L. Wilkins on 3/17/2011. (tcb) (Entered: 03/17/2011)
2011-03-17		Set/Reset Deadlines: Defendants Motion for Summary Judgment due 4/11/2011. Plaintiffs Cross Motion for Summary Judgment and Opposition due 5/11/2011. Defendants Reply in support of their motion for Summary Judgment and opposition due 5/25/2011. Plaintiffs Reply in support of their motion for Summary Judgment due 6/7/2011. (tcb) (Entered: 03/17/2011)
2011-04-07	8	Consent MOTION to Stay re 7 Order, by ROBERT M. GATES (Campbell, Rhonda) (Entered: 04/07/2011)
2011-04-08	9	ORDER granting 8 Motion to Stay, it is further ORDERED that further proceedings in this action shall be stayed in the event of a federal government shutdown; and its is further ORDERED that the parties shall file a joint status report proposing new deadlines within seven (7) days of resumption of normal federal government operations. Signed by Judge Robert L. Wilkins on 4/8/2011. (tcb) (Entered: 04/08/2011)
2011-04-11	10	Unopposed MOTION for Extension of Time to by ROBERT M. GATES (Campbell, Rhonda) (Entered: 04/11/2011)
2011-04-12	11	ORDER granting 10 Motion for Extension of Time to; It is FURTHER ORDERED that: Defendants Motion for Summary Judgment shall be due no later than April 14, 2011,Plaintiffs Cross Motion for Summary Judgment and Opposition shall be due no later than May 16, 2011, Defendants Reply and Opposition shall be due no later than May 31, 2011 and Plaintiffs Reply shall be due no later than June 13, 2011. Signed by Judge Robert L. Wilkins on 4/12/2011. (tcb) (Entered: 04/12/2011)
2011-04-14	12	MOTION for Summary Judgment by ROBERT M. GATES (Attachments: # 1 Declaration Presley and North Declarations and Exhibits)(Campbell, Rhonda) (Entered: 04/14/2011)
2011-05-16	13	Memorandum in opposition to re 12 MOTION for Summary Judgment filed by LAW OFFICES OF SNIDER AND ASSOCIATES, LLC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Feldman, Allan) (Entered: 05/16/2011)
2011-05-16	14	MOTION for Discovery PURSUANT TO RULE 56(f) by LAW OFFICES OF SNIDER AND ASSOCIATES, LLC. (Attachments: # 1 Text of Proposed Order)(Feldman, Allan) Modified event title on 5/17/2011 (znmw, ). (Entered: 05/16/2011)
2011-05-31	15	REPLY to opposition to motion re 12 MOTION for Summary Judgment filed by ROBERT M. GATES. (Campbell, Rhonda) (Entered: 05/31/2011)
2011-05-31	16	Memorandum in opposition to re 14 MOTION for Discovery filed by ROBERT M. GATES. (See Docket Entry 15 to view document. Counsel is instructed to docket the opposition as a separate docket entry in the future) (rdj) (Entered: 06/01/2011)
2011-06-02	17	ERRATA 2nd Declaration of Jeffrey Presley by ROBERT M. GATES 12 MOTION for Summary Judgment filed by ROBERT M. GATES. (Campbell, Rhonda) (Entered: 06/02/2011)
2011-06-13	18	REPLY to opposition to motion re 14 MOTION for Discovery filed by LAW OFFICES OF SNIDER AND ASSOCIATES, LLC.. (Feldman, Allan) (Entered: 06/13/2011)
2011-10-03	19	NOTICE of Change of Address by Allan E. Feldman (Feldman, Allan) (Entered: 10/03/2011)
2013-04-04	20	ENTERED IN ERROR.....NOTICE of Appearance of James L. Fuchs by LAW OFFICES OF SNIDER AND ASSOCIATES, LLC. (Feldman, Allan) Modified on 4/5/2013 (rdj). (Entered: 04/04/2013)
2013-04-04	21	NOTICE OF WITHDRAWAL OF APPEARANCE as to LAW OFFICES OF SNIDER AND ASSOCIATES, LLC.. Attorney Allan E. Feldman terminated. (Feldman, Allan) (Entered: 04/04/2013)
2013-04-05		NOTICE OF ERROR re 20 Notice (Other); emailed to afeldesq@hotmail.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Counsel is reminded each attorney must use thier assigned password/login (refer to LCvR 5.4(b)) (zrdj, ) (Entered: 04/05/2013)
2013-04-05	22	NOTICE of Appearance by James Lawrence Fuchs on behalf of LAW OFFICES OF SNIDER AND ASSOCIATES, LLC. (Fuchs, James) (Entered: 04/05/2013)
2014-01-24		Case reassigned to the Calendar Committee who will oversee it until it is reassigned to another judge. Judge Robert L. Wilkins has been elevated to the U.S. Court of Appeals for DC and is no longer assigned to the case. Any questions should be directed to Terri Barrett, formerly Judge Wilkins deputy clerk, at 202-354-3179 or terri_barrett@dcd.uscourts.gov. (ztnr, ) (Entered: 01/24/2014)
2014-04-07		Case directly reassigned to Judge Christopher R. Cooper. Calendar Committee no longer assigned to the case. (gt, ) (Entered: 04/07/2014)
2014-04-24		MINUTE ORDER: A telephonic discovery conference is hereby scheduled for Monday, April 28, 2014 at 2:00 P.M. The parties are directed to JOINTLY call chambers at 202-354-3480 for the conference. Each party calling in to the hearing is ORDERED to call from a landline as opposed to a mobile phone. Signed by Judge Christopher R. Cooper on 4/24/2014. (lccrc1, ) (Entered: 04/24/2014)
2014-04-25		Set/Reset Hearings: Telephone Conference set for 4/28/2014 at 2:00 PM in Chambers before Judge Christopher R. Cooper. (tcb) (Entered: 04/25/2014)
2014-04-28		Minute Entry for proceedings held before Judge Christopher R. Cooper: Telephone Conference held and concluded on 4/28/2014. ( No Court Reporter present) (tcb) (Entered: 04/28/2014)
2014-05-28	23	MEMORANDUM OPINION re: Defendant's 12 MOTION for Summary Judgment and Plaintiff's 14 MOTION for Discovery PURSUANT TO RULE 56(f). Signed by Judge Christopher R. Cooper on 5/28/2014. (tcb) (Entered: 05/28/2014)
2014-05-28	24	ORDER: For the reasons set forth in the accompanying Memorandum Opinion it is hereby: ORDERED that Defendants Motion to for Summary Judgment [Dkt. No. 12] is GRANTED. It is further ORDERED that Plaintiffs Motion for Discovery [Dkt. No. 14] is DENIED. This is a final, appealable order. Signed by Judge Christopher R. Cooper on 5/28/2014. (tcb) (Entered: 05/28/2014)
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