Case Detail

FOIA Project Annotation: Judge Reggie Walton has ruled that the Department of Housing and Urban Development conducted an adequate search for records concerning the Skyland Shopping Center in the District of Columbia, even though there was some initial confusion concerning whether or not the agency or the District of Columbia had the records. Peter DeSilva made a request for the records and the agency initially indicated that the records were in the possession of the District of Columbia Department of Housing and Community Development. But HUD subsequently decided that several staffers at the agency had responsive records and the agency withheld 54 pages under Exemption 4 (confidential business information) and Exemption 5 (privileges). DeSilva decided not to challenge the exemption claims, but questioned the adequacy of the search. To better explain its search, the agency provided supplemental affidavits that Walton found satisfactory. DeSilva argued that more records must exist, but Walton pointed out that "these conclusory and speculative assertions are insufficient. . .Here, the plaintiff in one breath questions the scope of HUD's involvement with the Skyland project, and in the next insists that HUD's involvement was so substantial that the agency must have additional records." Although HUD had expected to get responsive records from the District during the processing of the request, the records did not come into the agency's possession for another three weeks. Walton noted that "the agency had neither obtained nor was in control of the documents when its FOIA production was completed, much less 'when the FOIA request [was] made.'" He added that since DeSilva had conceded the agency's exemption claims by failing to challenge them, "even if the defendant had been in control of the documents, the plaintiff would not be entitled to an order requiring the defendant to produce them."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2012-03-07	1	COMPLAINT against U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ( Filing fee $ 350, receipt number 4616046572) filed by PETER DESILVA. (Attachments: # 1 Civil Cover Sheet)(td, ) (Entered: 03/08/2012)
2012-03-07		SUMMONS Not Issued as to U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (td, ) (Entered: 03/08/2012)
2012-03-19		SUMMONS Issued (3) as to U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. Attorney and U.S. Attorney General (sth) (Entered: 03/19/2012)
2012-04-16	2	NOTICE of Appearance by John Peter Tavana on behalf of U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Tavana, John) (Entered: 04/16/2012)
2012-04-18	3	Unopposed MOTION for Extension of Time to File Answer by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Attachments: # 1 Text of Proposed Order)(Tavana, John) (Entered: 04/18/2012)
2012-04-20		MINUTE ORDER granting 3 Motion for Extension of Time to Answer. In light of the parties' consent, the motion is GRANTED. Accordingly, it is hereby ORDERED that the defendant shall answer or otherwise respond to the complaint on or before June 21, 2012. Signed by Judge Reggie B. Walton on 4/20/2012. (lcrbw2) (Entered: 04/20/2012)
2012-04-23		Set/Reset Deadlines: Answer or respond to complaint by 6/21/2012, (mpt) (Entered: 04/23/2012)
2012-06-18	4	Unopposed MOTION for Extension of Time to File Answer (Second Motion) by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Attachments: # 1 Text of Proposed Order)(Tavana, John) (Entered: 06/18/2012)
2012-06-19		MINUTE ORDER granting 4 Motion for Extension of Time to Answer. In light of the parties' consent, the motion is GRANTED. Accordingly, it is hereby ORDERED that the defendant shall answer or otherwise respond to the plaintiff's complaint on or before August 20, 2012. Signed by Judge Reggie B. Walton on 6/19/2012. (lcrbw2) (Entered: 06/19/2012)
2012-06-21		Set/Reset Deadlines: Answer or otherwise respond to complaint due by 8/20/2012, (mpt) (Entered: 06/21/2012)
2012-08-10	5	Unopposed MOTION for Extension of Time to File Answer by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Attachments: # 1 Text of Proposed Order)(Tavana, John) (Entered: 08/10/2012)
2012-08-16		MINUTE ORDER granting 5 Motion for Extension of Time to Answer. In light of the parties' consent, the motion is GRANTED. It is hereby ORDERED that the defendant shall answer or otherwise respond to the complaint on or before October 19, 2012. Signed by Judge Reggie B. Walton on 8/16/2012. (lcrbw2) (Entered: 08/16/2012)
2012-08-16		Set/Reset Deadlines: Answer or respond to complaint by 10/19/2012, (mpt) (Entered: 08/16/2012)
2012-10-11	6	Unopposed MOTION for Extension of Time to File Answer by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Attachments: # 1 Text of Proposed Order)(Tavana, John) (Entered: 10/11/2012)
2012-10-12		MINUTE ORDER granting 6 Motion for Extension of Time to Answer. For good cause shown, and in light of the parties' consent, it is hereby ORDERED that the defendant's motion is GRANTED. The defendant shall file its answer on or before December 18, 2012. Signed by Judge Reggie B. Walton on 10/12/12. (lcrbw2) (Entered: 10/12/2012)
2012-10-12		Set/Reset Deadline: The defendant shall file its answer on or before 12/18/2012. (ad) (Entered: 10/12/2012)
2012-11-06	7	NOTICE OF SUBSTITUTION OF COUNSEL by Rhonda Lisa Campbell on behalf of U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Substituting for attorney John P. Tavana (Campbell, Rhonda) (Entered: 11/06/2012)
2012-12-18	8	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Campbell, Rhonda) (Entered: 12/18/2012)
2012-12-19		MINUTE ORDER granting 8 Motion for Extension of Time to Answer. For good cause shown, and in light of the parties' consent, the motion is GRANTED. The defendant shall answer or otherwise respond to the plaintiff's Complaint on or before January 8, 2013. Signed by Judge Reggie B. Walton on 12/19/2012. (lcrbw2) (Entered: 12/19/2012)
2012-12-21		Set/Reset Deadlines: Answer or or otherwise respond to complaint by 1/8/2013, (mpt, ) (Entered: 12/21/2012)
2013-01-08	9	ANSWER to 1 Complaint by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.(Campbell, Rhonda) (Entered: 01/08/2013)
2013-01-08	10	Joint MOTION Briefing Schedule by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Campbell, Rhonda) (Entered: 01/08/2013)
2013-01-10		MINUTE ORDER granting 10 Motion for a Proposed Briefing Schedule. For good cause shown, and in light of the parties' consent, the parties' Joint Motion for a Proposed Briefing Schedule is GRANTED. The defendant shall file its motion to dismiss and for summary judgment on or before February 22, 2013; the plaintiff shall file his opposition and cross motion for summary judgment on or before March 29, 2013; the defendant shall file its reply and opposition on or before April 19, 2013; and the plaintiff shall file his reply on or before May 10, 2013. Signed by Judge Reggie B. Walton on 1/10/2013. (lcrbw2) (Entered: 01/10/2013)
2013-01-11		Set/Reset Deadlines: Motion to Dismiss or for Summary Judgment due by 2/22/2013; Opposition to Cross Motion due by 3/29/2013; Reply and Opposition due by 4/19/2013; Reply due by 5/10/2012. (mpt, ) (Entered: 01/11/2013)
2013-02-20	11	Unopposed MOTION for Extension of Time to file Dispositive Motions by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Campbell, Rhonda) (Entered: 02/20/2013)
2013-02-20		MINUTE ORDER granting 11 Motion for Extension of Time. For good cause shown, and in light of the parties' consent, the motion is granted. It is hereby ORDERED that the following briefing schedule shall apply: (1) the defendant shall file its motion for summary judgment on or before March 1, 2013; (2) the plaintiff shall file his cross-motion for summary judgment and opposition on or before April 5, 2013; (3) the defendant shall file its reply and opposition on or before April 26, 2013; and (4) the plaintiff shall file his reply on or before May 24, 2013. Signed by Judge Reggie B. Walton on 2/20/2013. (lcrbw2) (Entered: 02/20/2013)
2013-02-21		Set/Reset Deadlines: Motion for Summary Judgment due by 3/1/13; Opposition and Cross Motion due by 4/5/13; Reply and Opposition to Cross Motion due by 4/26/13; Reply to Cross Motion due by 5/24/13. (mpt, ) (Entered: 02/21/2013)
2013-03-01	12	MOTION for Summary Judgment by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Attachments: # 1 Exhibit Nos. 1-13)(Campbell, Rhonda) (Entered: 03/01/2013)
2013-04-04	13	Unopposed MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Summary Judgment by PETER DESILVA (Mittleman, Elaine) (Entered: 04/04/2013)
2013-04-05		ORDER granting 13 Motion for Extension of Time to File Response/Reply. For good cause shown, and in light of the parties' consent, it is ORDERED that the motion is GRANTED. The plaintiff shall file his response to the defendant's motion for summary judgment on or before May 6, 2013. Signed by Judge Reggie B. Walton on 4/5/2013. (lcrbw2) (Entered: 04/05/2013)
2013-04-12		Set/Reset Deadlines: Opposition to Motion for Summary Judgment due by 5/6/2013. (mpt, ) (Entered: 04/12/2013)
2013-05-01	14	MOTION for Order for defendant to supplement document release by PETER DESILVA (Attachments: # 1 Exhibit)(Mittleman, Elaine) (Entered: 05/01/2013)
2013-05-03	15	Unopposed MOTION for Extension of Time to File Response/Reply by PETER DESILVA (Mittleman, Elaine) (Entered: 05/03/2013)
2013-05-06		MINUTE ORDER granting 15 Motion for Extension of Time to File Response/Reply. For good cause shown, and in light of the parties' consent, it is ORDERED the motion is GRANTED. The plaintiff shall file his opposition to the defendant's motion for summary judgment on or before June 6, 2013. Signed by Judge Reggie B. Walton on 5/6/2013. (lcrbw2) (Entered: 05/06/2013)
2013-05-06		Set/Reset Deadlines: Opposition to Motion for Summary Judgment due by 6/6/2013. (tg, ) (Entered: 05/06/2013)
2013-05-07	16	Consent MOTION for Extension of Time to file a Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment and an Opposition to Plaintiff's Motion for Order by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Campbell, Rhonda) (Entered: 05/07/2013)
2013-05-07		MINUTE ORDER granting 16 Motion for Extension of Time. For good cause shown, and in light of the parties' consent, it is ORDERED that the motion in GRANTED. The defendant shall file its (1) opposition to the plaintiff's motion for an order (see ECF No. 14 ) on or before May 17, 2013, and (2) reply to the plaintiff's opposition to the defendant's motion for summary judgment on or before July 31, 2013. Signed by Judge Reggie B. Walton on 5/7/2013. (lcrbw2) (Entered: 05/07/2013)
2013-05-08		Set/Reset Deadlines: Opposition to Motion for Summary Judgment due by 5/17/2013. Reply to Motion for Summary Judgment due by 7/31/2013. (mpt) (Entered: 05/08/2013)
2013-05-17	17	RESPONSE re 14 MOTION for Order for defendant to supplement document release filed by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Declaration Lawrence McDermott)(Campbell, Rhonda) (Entered: 05/17/2013)
2013-06-06	18	Memorandum in opposition to re 12 MOTION for Summary Judgment filed by PETER DESILVA. (Attachments: # 1 Exhibit Exhibits for opposition to summary judgment)(Mittleman, Elaine) (Entered: 06/06/2013)
2013-07-31	19	REPLY to opposition to motion re 12 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Exhibit No. 14 Supplemental Declaration of Lawrence E. McDermott)(Campbell, Rhonda) (Entered: 07/31/2013)
2014-03-31	20	ORDER granting 12 Motion for Summary Judgment; denying 14 Motion for Order. For the reasons to be set forth in the Memorandum Opinion to be issued by the Court within the next thirty days, absent extraordinary circumstances, the Court will grant the Defendant's Motion for Summary Judgment and deny the Plaintiff's Motion to Request Defendant to Supplement the Document Release. Accordingly, it is ORDERED that the Defendant's Motion for Summary Judgment is GRANTED. It is further ORDERED that the Plaintiff's Motion to Request Defendant to Supplement the Document Release is DENIED. It is further ORDERED that this Order is not a final Order subject to appeal. See attached image for further details. Signed by Judge Reggie B. Walton on 3/31/2014. (lcrbw2) (Entered: 03/31/2014)
2014-04-10	21	ORDER granting 12 Motion for Summary Judgment; denying 14 Motion for Order. For the reasons stated in the Memorandum Opinion issued this same date, it is ORDERED that the Defendant's Motion for Summary Judgment is GRANTED. It is further ORDERED that the Plaintiff's Motion to Request Defendant to Supplement the Document Release is DENIED. It is further ORDERED that this case is CLOSED. It is further ORDERED that this order is a final order appealable under 28 U.S.C. § 1291. Signed by Judge Reggie B. Walton on 4/10/2014. (lcrbw2) (Entered: 04/10/2014)
2014-04-10	22	MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on 4/10/2014. (lcrbw2) (Entered: 04/10/2014)
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