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Case TitleSCHMITZ v. UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2012cv00649
Date Filed2012-04-25
Date Closed2014-03-21
JudgeJudge Emmet G. Sullivan
PlaintiffCHARLENE SCHMITZ
DefendantUNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY
AppealD.C. Circuit 14-5130
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [33]
FOIA Project Annotation: Judge Emmet Sullivan has ruled that EOUSA provided all its records concerning the trial of Charlene Schmitz in the District for Southern Alabama. Schmitz contended that the agency should have searched through the court's own docket. But Sullivan noted that "plaintiff misunderstands FOIA's coverage. She faults defendant for not providing 'the "internal" docket (the one utilized by the Court),' but 'the federal courts are not subject to the FOIA.' Furthermore, EOUSA's disclosure obligations extend only to documents it controls and possesses at the time of the FOIA request. Plaintiff refers to the declarants' purported admission that the released document contains omissions, but EOUSA has no control over the courts' 'internal' docketing system or court documents in general. Hence, even if the docket is incomplete, this fact fails to raise a genuine dispute about the reasonableness of defendant's search."
Issues: Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2012-04-251COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY (Filing fee $ 0.00) filed by CHARLENE SCHMITZ. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 04/25/2012)
2012-04-25SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 04/25/2012)
2012-04-252MOTION for Leave to Proceed in forma pauperis by CHARLENE SCHMITZ (rdj) (Entered: 04/25/2012)
2012-04-253PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by CHARLENE SCHMITZ (rdj) (Entered: 04/25/2012)
2012-04-254ORDER directing an initial partial filing fee in the amount of $34.61 be made from Prison Account of CHARLENE SCHMITZ ; further ordered, granting 2 MOTION for Leave to Proceed in forma pauperis(See Order for full details). Signed by Judge Colleen Kollar-Kotelly on 4/21/2012. (rdj) (Entered: 04/25/2012)
2012-04-25NOTICE: A copy of the Order (Docket Number 4) entered 4/25/12 was mailed to the plaintiff at his address of record. (clv, ) (Entered: 04/25/2012)
2012-04-25SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OFJUSTICE OFFICE OF INFORMATION POLICY, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 04/26/2012)
2012-05-075RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY served on 5/4/2012, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/04/2012. (jf, ) (Entered: 05/07/2012)
2012-05-296RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/23/2012. Answer due for ALL FEDERAL DEFENDANTS by 6/22/2012. (jf, ) (Entered: 05/31/2012)
2012-06-207NOTICE of Appearance by Melissa Gaspar Rasmussen on behalf of UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY (Rasmussen, Melissa) (Entered: 06/20/2012)
2012-06-208MOTION for Extension of Time to Respond to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY (Attachments: # 1 Text of Proposed Order)(Rasmussen, Melissa) (Entered: 06/20/2012)
2012-07-02MINUTE ORDER granting 8 Defendant's Motion for Extension of Time to July 12, 2012, to respond to the complaint. SO ORDERED. Signed by Judge Emmet G. Sullivan on 7/2/12.(ah) (Entered: 07/02/2012)
2012-07-029MOTION to Expedite proceedings by CHARLENE SCHMITZ (jf, ) (Entered: 07/05/2012)
2012-07-03Set/Reset Deadlines: Answer due by 7/12/2012, (clv, ) (Entered: 07/03/2012)
2012-07-03NOTICE: The Minute Order entered 7/2/12 was mailed to Charlene Schmitz to the address of Court Record. (clv, ) (Entered: 07/03/2012)
2012-07-05MINUTE ORDER denying 9 Plaintiff's Motion to Expedite the proceedings, but noting plaintiff's objection to any further motions by defendant to enlarge the time to respond to the complaint. SO ORDERED. Signed by Judge Emmet G. Sullivan on 7/5/12.(ah) (Entered: 07/05/2012)
2012-07-1210MOTION to Dismiss by UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit, # 4 Exhibit)(Rasmussen, Melissa) (Entered: 07/12/2012)
2012-08-0111Order advising plaintiff to respond by September 12, 2012, to defendants' motion to dismiss or risk summary dismissal of the case on what will be treated as a conceded motion. Signed by Judge Emmet G. Sullivan on 8/1/12.(ah) (Entered: 08/01/2012)
2012-08-02Set/Reset Deadlines: Response to Dispositive Motions due by 9/12/2012. (clv, ) (Entered: 08/02/2012)
2012-08-02NOTICE: Order entered 8/1/12 was mailed to the plaintiff at the address of Court's Record. (clv, ) (Entered: 08/02/2012)
2012-08-0612MOTION for Leave to File Objection to 10 MOTION to Dismiss by CHARLENE SCHMITZ (Attachments: # 1 Exhibit Objection)(jf, ) (Entered: 08/07/2012)
2012-08-2013RESPONSE re 12 MOTION for Leave to File Objections filed by UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY. (Rasmussen, Melissa) (Entered: 08/20/2012)
2012-08-24MINUTE ORDER granting 12 Plaintiff's Motion for Leave to File objections to defendants' dispositive motion, which is considered to be plaintiff's opposition to said motion. SO ORDERED. Signed by Judge Emmet G. Sullivan on 8/24/12.(ah) (Entered: 08/24/2012)
2012-08-2414RESPONSE (Objections) re 10 MOTION to Dismiss filed by CHARLENE SCHMITZ. (jf, ) (Entered: 08/27/2012)
2012-08-27NOTICE: The Court's Minute Order dated 8/24/2012 has been mailed by first class mail to Plaintiff: CHARLENE SCHMITZ, R10084-003, TALLAHASSEE FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, 501 CAPITAL CIRCLE, NE TALLAHASSEE, FL 32301 on 8/27/2012. (tcb) (Entered: 08/28/2012)
2012-08-3115REPLY to opposition to motion re 10 MOTION to Dismiss filed by UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY. (Attachments: # 1 Declaration)(Rasmussen, Melissa) (Entered: 08/31/2012)
2012-09-0616MOTION to Clarify by CHARLENE SCHMITZ (jf, ) (Entered: 09/11/2012)
2012-09-11MINUTE ORDER granting 16 Plaintiff's Motion to Clarify that her opposition is on the record. SO ORDERED. Signed by Judge Emmet G. Sullivan on 9/11/12.(ah) (Entered: 09/11/2012)
2012-09-12NOTICE: Minute Order entered 9/11/12 was mailed to the plaintiff at the address of Court Record. (clv, ) (Entered: 09/12/2012)
2012-09-1317NOTICE OF SUBSTITUTION OF COUNSEL by Sobia Haque on behalf of UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY Substituting for attorney Melissa G. Rasmussen (Haque, Sobia) (Entered: 09/13/2012)
2012-09-1418MOTION for Leave to File a Surreply in Response to Defendant's new argument raised in reply and to Supplemental Declaration submitted therein by CHARLENE SCHMITZ (Attachments: # 1 Surreply)(dr) (Entered: 09/17/2012)
2012-09-2119MOTION to Attach as Exhibit in Surreply re 18 MOTION for Leave to File by CHARLENE SCHMITZ (dr) (Entered: 09/24/2012)
2012-10-05MINUTE ORDER granting 18 Plaintiff's Motion for Leave to File surreply attached thereto. SO ORDERED. Signed by Judge Emmet G. Sullivan on 10/5/12.(ah) (Entered: 10/05/2012)
2012-10-05MINUTE ORDER granting 19 Plaintiff's Motion for leave to file exhibit to surreply. SO ORDERED. Signed by Judge Emmet G. Sullivan on 10/5/12.(ah) (Entered: 10/05/2012)
2012-10-0520SURREPLY to re 10 MOTION to Dismiss filed by CHARLENE SCHMITZ. (jf, ) (: # 1 Exhibit) (jf, ). Modified on 10/9/2012 (jf, ). (Entered: 10/09/2012)
2013-02-2821MEMORANDUM OPINION AND ORDER denying 10 Defendant's Motion to Dismiss; directing Defendant to file a properly supported summary judgment motion regarding its search and the released records by April 29, 2013. Signed by Judge Emmet G. Sullivan on 2/28/13.(ah) (Entered: 02/28/2013)
2013-03-01Set/Reset Deadlines: Summary Judgment motions due by 4/29/2013. (clv, ) (Entered: 03/01/2013)
2013-03-01NOTICE: Memorandum Opinion and Order entered 2/28/13 was mailed to CHARLENE SCHMITZ at the address of Court's record. (clv, ) (Entered: 03/01/2013)
2013-04-2922MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration Brandon, # 4 Declaration Howell, # 5 Declaration Sola, # 6 Text of Proposed Order)(Haque, Sobia) (Entered: 04/29/2013)
2013-05-0123Order advising plaintiff to respond by June 7, 2013, to defendant's motion for summary judgment or risk entry of judgment for the defendant on what will be treated as a conceded motion (see order for details). Signed by Judge Emmet G. Sullivan on 5/1/13.(ah) (Entered: 05/01/2013)
2013-05-01Set/Reset Deadlines: Response to Defendant's Motion for Summary Judgment due by 6/7/2013. (mac) (Entered: 05/01/2013)
2013-05-01NOTICE: Order 23 mailed to CHARLENE SCHMITZ at courts' address of record. (mac) (Entered: 05/01/2013)
2013-06-1124Memorandum in opposition to re 22 MOTION for Summary Judgment filed by CHARLENE SCHMITZ. (Attachments: # 1 Exhibit)(jf, ) (Entered: 06/12/2013)
2013-06-1425MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY (Attachments: # 1 Text of Proposed Order)(Haque, Sobia) (Entered: 06/14/2013)
2013-06-2526NOTICE of Filing Exhibits to Brandon Declaration by UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY (Attachments: # 1 Exhibit to Brandon Declaration)(Haque, Sobia) (Entered: 06/25/2013)
2013-06-2727REPLY to opposition to motion re 22 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF INFORMATION POLICY. (Haque, Sobia) (Entered: 06/27/2013)
2013-06-27MINUTE ORDER granting 25 Defendant's Motion for Extension of Time to June 27, 2013, to File Reply. SO ORDERED. Signed by Judge Emmet G. Sullivan on 6/27/13.(ah) (Entered: 06/27/2013)
2013-06-27NOTICE: Minute Order dated 6/27/13 mailed to CHARLENE SCHMITZ at court's address of record. (mac) (Entered: 06/28/2013)
2013-06-28Set/Reset Deadlines: Defendant's Reply due by 6/27/2013. (mac) (Entered: 06/28/2013)
2013-07-1128MOTION for Leave to File a response to defendant's reply by CHARLENE SCHMITZ (jf, ) (Additional attachment(s) added on 7/18/2013: # 1 Exhibit Response) (td, ). (Entered: 07/12/2013)
2013-09-1629NOTICE OF SUBSTITUTION OF COUNSEL by Kevin Michael Laden on behalf of All Defendants Substituting for attorney Sobia Haque (Laden, Kevin) (Entered: 09/16/2013)
2014-02-03MINUTE ORDER granting as unopposed 28 Plaintiff's Motion for Leave to File Surreply; the attached surreply is deemed filed. SO ORDERED. Signed by Judge Emmet G. Sullivan on 2/3/14.(ah) (Entered: 02/03/2014)
2014-02-0330SURREPLY to re 22 MOTION for Summary Judgment filed by CHARLENE SCHMITZ. (jf, ) (Entered: 02/03/2014)
2014-02-04NOTICE: Minute Order dated 2/3/14 mailed to CHARLENE SCHMITZ at court's address of record. (mac) (Entered: 02/04/2014)
2014-03-1431NOTICE OF SUBSTITUTION OF COUNSEL by Timothy E. Broomhead on behalf of All Defendants Substituting for attorney Kevin Laden (Broomhead, Timothy) (Entered: 03/14/2014)
2014-03-2032ORDER granting 22 Defendant's Motion for Summary Judgment and entering judgment for Defendant for the reasons stated in the Memorandum Opinion issued separately this day. Signed by Judge Emmet G. Sullivan on 3/20/14.(ah) (Entered: 03/20/2014)
2014-03-2033MEMORANDUM OPINION accompanying final order issued separately this day. Signed by Judge Emmet G. Sullivan on 3/20/14.(ah) (Entered: 03/20/2014)
2014-03-21NOTICE: 32 Order and 33 Memorandum Opinion mailed to CHARLENE SCHMITZ at court's address of record. (mac) (Entered: 03/21/2014)
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by FOIA Project Staff
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