Case Detail

FOIA Project Annotation: Judge Tanya Chutkan has ruled that the DEA conducted an adequate search for records pertaining to information allegedly provided by several co-defendants to an Assistant U.S. Attorney or detectives at the Raleigh Police Department during the investigation of cocaine distribution charges against Torrance Jones. Jones was tried and convicted in 1998. He later made a FOIA request for records showing what his co-defendants told the AUSA and several Raleigh police officers and provided his case number for reference. By searching its main database, DEA was able to locate Jones' case file, which contained 26 pages, none of which pertained to the alleged testimony Jones sought. However, DEA disclosed 23 pages in part, two pages in full, and withheld one page. The agency conducted a search based on the names of the individuals Jones had provided, but "the DEA had no additional information by which to positively identify these individuals or files in [the database] containing information about these individuals." Jones argued that in an earlier ruling, Chutkan had ordered DEA to conduct a more comprehensive search. Chutkan, however, observed that her previous ruling stated that "the DEA could not rest on its Glomar responseâ€"it could not refuse to confirm or deny the existence of records responsive to plaintiff's FOIA request for the co-defendants' statements. The ruling did not, as plaintiff suggests, set forth 'specific instructions. . .to turn over the records as to [the co-defendants]." Jones also argued the agency was required to contact the Raleigh police to see if they had responsive records. Chutkan pointed out that "none of these individuals is an employee or officer of the DEA and plaintiff cites no authority for the proposition that an agency is obligated to conduct a search for information in [a] system of records that the agency does not maintain."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2013-01-30	1	COMPLAINT against DRUG ENFORCEMENT ADMINISTRATION (Filing fee $ 0.00) filed by TORRANCE JONES. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 02/04/2013)
2013-01-30	2	NOTICE OF RELATED CASE by TORRANCE JONES. Case related to Case No. 10-2074. (jf, ) (Entered: 02/04/2013)
2013-01-30	3	MOTION for Leave to Proceed in forma pauperis by TORRANCE JONES (jf, ) (Entered: 02/04/2013)
2013-01-30	4	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by TORRANCE JONES (jf, ) (Entered: 02/04/2013)
2013-01-30	5	ORDER directing an initial partial filing fee in the amount of $59.74 from Prison Account of Torrance Jones; further ordered, granting 3 MOTION for Leave to Proceed in forma pauperis. Signed by Judge Rosemary M. Collyer on 01/25/2013. (see order for full detail) (jf, ) (Entered: 02/04/2013)
2013-01-30		SUMMONS (3) Issued as to DRUG ENFORCEMENT ADMINISTRATION, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 02/04/2013)
2013-02-07	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/5/2013. ( Answer due for ALL FEDERAL DEFENDANTS by 3/7/2013.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/05/2013. (jf, ) (Entered: 02/08/2013)
2013-02-08	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DRUG ENFORCEMENT ADMINISTRATION served on 2/5/2013 (jf, ) (Entered: 02/11/2013)
2013-02-20	8	NOTICE of Appearance by Mary Elizabeth Stratton on behalf of DRUG ENFORCEMENT ADMINISTRATION (Stratton, Mary) (Entered: 02/20/2013)
2013-03-05	9	MOTION for Extension of Time to File Answer /Response to Complaint by DRUG ENFORCEMENT ADMINISTRATION (Stratton, Mary) (Entered: 03/05/2013)
2013-03-06		MINUTE ORDER granting 9 Motion for Extension of Time to Answer. It is ORDERED that defendant's answer or other response to plaintiff's complaint is due May 3, 2013. Signed by Judge Amy Berman Jackson on 3/6/13. (DMK) (Entered: 03/06/2013)
2013-05-03	10	MOTION for Summary Judgment by DRUG ENFORCEMENT ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of William C. Little, Jr., # 4 Text of Proposed Order)(Stratton, Mary) (Entered: 05/03/2013)
2013-05-06	11	Order advising plaintiff to respond by 6/17/2013 to 10 the DRUG ENFORCEMENT ADMINISTRATION's MOTION for Summary Judgment, or the Court may treat the motion as conceded. Signed by Judge Amy Berman Jackson on 5/6/13. (ms, ) (Entered: 05/06/2013)
2013-06-17	12	Memorandum in opposition to re 10 MOTION for Summary Judgment filed by TORRANCE JONES. (td, ) (Entered: 06/19/2013)
2013-06-24	13	MOTION for Extension of Time to File Response/Reply as to 10 MOTION for Summary Judgment by DRUG ENFORCEMENT ADMINISTRATION (Stratton, Mary) (Entered: 06/24/2013)
2013-06-24		MINUTE ORDER granting 13 Motion for Extension of Time to File Response/Reply. It is ORDERED that defendant's reply in support of its motion for summary judgment is due July 3, 2013. Signed by Judge Amy Berman Jackson on 6/24/13. (DMK) (Entered: 06/24/2013)
2013-06-25		Set/Reset Deadlines: Defendant's Reply in support of its Motion for Summary Judgment is due by 7/3/2013. (jth) (Entered: 06/25/2013)
2013-07-02	14	REPLY to opposition to motion re 10 MOTION for Summary Judgment filed by DRUG ENFORCEMENT ADMINISTRATION. (Attachments: # 1 Declaration (Supplemental) of William C. Little, Jr.)(Stratton, Mary) (Entered: 07/02/2013)
2013-07-03	15	CERTIFICATE OF SERVICE by DRUG ENFORCEMENT ADMINISTRATION re 14 Reply to opposition to Motion . (Stratton, Mary) (Entered: 07/03/2013)
2013-11-01	16	NOTICE OF SUBSTITUTION OF COUNSEL by Robert N. Englund on behalf of All Defendants Substituting for attorney Mary Elizabeth Stratton (Englund, Robert) (Entered: 11/01/2013)
2014-03-21	17	ORDER granting in part and denying in part 10 DEA's Motion for Summary Judgment. Signed by Judge Amy Berman Jackson on 3/21/14. (ms, ) (Entered: 03/21/2014)
2014-03-21		Set/Reset Deadline: pursuant to the 17 Memorandum Opinion & Order issued this date, the parties Joint Proposed Schedule for further proceedings in this case is due by 6/1/2014. (jth) (Entered: 03/21/2014)
2014-06-02	18	Second MOTION for Summary Judgment by DRUG ENFORCEMENT ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Statement of Facts)(Anderson, Rafique) (Entered: 06/02/2014)
2014-06-11		Case reassigned to Judge Tanya S. Chutkan. Judge Amy Berman Jackson no longer assigned to the case. (ztnr, ) (Entered: 06/11/2014)
2014-06-23	19	Order advising plaintiff to respond by 7/23/2014 to defendant's renewed motion for summary judgment, or the Court may deem the motion conceded. Signed by Judge Amy Berman Jackson on 6/23/14. (ms, ) (Entered: 06/23/2014)
2014-06-24		Reset Deadlines: Responses due by 7/23/2014 (tj ) (Entered: 06/24/2014)
2014-07-16	20	MOTION for Extension of Time to File Response as to 18 Second MOTION for Summary Judgment by TORRANCE JONES (jf, ) (Entered: 07/17/2014)
2014-07-21		MINUTE ORDER: Plaintiff's 20 Motion for Extension of Time is granted, and his opposition or other response to 18 defendant's renewed motion for summary judgment is due by 9/5/2014. Signed by Judge Amy Berman Jackson on 7/21/14. (ms, ) (Entered: 07/21/2014)
2014-07-22		Reset Deadlines: Responses due by 9/5/2014. (tj ) (Entered: 07/22/2014)
2014-09-15	21	MOTION for Extension of Time to File Response/Reply as to 18 Second MOTION for Summary Judgment by TORRANCE JONES (jf, ) (Entered: 09/16/2014)
2014-09-18		MINUTE ORDER: Plaintiff's 21 Motion for Extension of Time is granted, and his response to defendant's 18 Second MOTION for Summary Judgment is due by 10/30/2014. Signed by Judge Tanya S. Chutkan on 9/18/14. (ms, ) (Entered: 09/18/2014)
2014-09-18		Reset Deadlines: Responses due by 10/30/2014 (tj) (Entered: 09/18/2014)
2014-09-19		Set/Reset Deadlines: Responses due by 10/30/2014 (zsm) (Entered: 09/19/2014)
2014-11-03	22	Memorandum in opposition to re 18 Second MOTION for Summary Judgment filed by TORRANCE JONES. (jf, ) (Entered: 11/04/2014)
2014-12-01	23	MOTION for Extension of Time to File Response/Reply TO PLAINTIFF'S OPPOSITION TO DEFENDANT'S RENEWED MOTION FOR SUMMARY JUDGMENT by DRUG ENFORCEMENT ADMINISTRATION (Anderson, Rafique) (Entered: 12/01/2014)
2014-12-01	24	REPLY to opposition to motion re 18 Second MOTION for Summary Judgment filed by DRUG ENFORCEMENT ADMINISTRATION. (Attachments: # 1 Exhibit LITTLE DECLARATION, # 2 Exhibit LITTLE SUPPLEMENTAL DECLARATION, # 3 Exhibit LITTLE SECOND SUPPLEMENTAL DECLARATION, # 4 Exhibit LITTLE DECLARATION EXHIBITS A-F)(Anderson, Rafique) (Entered: 12/01/2014)
2014-12-02		MINUTE ORDER: Granting nunc pro tunc 23 Defendant's Motion for Extension of Time to File Response/Reply. The Clerk of the Court shall mail a copy of this Order to: TORRANCE JONES, R19267-018, PETERSBURG LOW, FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 1000, PETERSBURG, VA 23804-1000. Signed by Judge Tanya S. Chutkan on 12/2/14. (DJS) (Entered: 12/02/2014)
2015-03-03	25	NOTICE of Change of Address by TORRANCE JONES (td, ) (Entered: 03/06/2015)
2015-03-20	26	MEMORANDUM AND OPINION. Signed by Judge Tanya S. Chutkan on 3/20/15. (ms, ) (Entered: 03/20/2015)
2015-03-20	27	ORDER granting defendant's 18 renewed MOTION for Summary Judgment. This is a final appealable Order. Signed by Judge Tanya S. Chutkan on 3/20/15. (ms, ) (Entered: 03/20/2015)
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