Case Detail

FOIA Project Annotation: Judge Beryl Howell has ruled that the Bureau of Prisons conducted an adequate search for records pertaining to prisoner Barry Schotz and properly withheld portions under Exemption 7(C) (invasion of privacy concerning law enforcement files) and Exemption 7(F) (harm to individual). She also rejected the government's attempt to dismiss the case for lack of jurisdiction because Schotz sued BOP Director Charles Samuels rather than the agency itself. She noted that "while it is true that the FOIA authorizes a cause of action against federal agencies only, 'pleadings [in general] must be construed so as to do justice' and pro se filings in particular must be construed liberally." She observed that under Federal Rule of Civil Procedure 17(a)(3) "the court may not dismiss an action for failure to prosecute in the name of the real party in interest until, after an objection, a reasonable time has been allowed for the real party in interest to. . . be substituted into the action." She then explained that "the Court hereby substitutes the Department of Justice, of which BOP is a component, as the real party in interest and dismisses the complaint against BOP Director Samuels under Rule 12(b)(6) for failure to state a claim upon which relief can be granted. Consequently, the defendant's motion to dismiss under Rule 12(b)(1) is denied." Noting that Scholtz's request was far from clear, she approved of the agency's exemption claims and agreed that under BOP policy Scholtz was allowed only to review his pre-sentence report rather than to possess a copy. Although Scholtz asked the agency to search "outside sources," Howell agreed with the agency that all responsive records would be in his central file. Howell dismissed Scholtz's request for sanctions, rejecting his claim that the agency should have provided a Vaughn index at the administrative level. Instead, she pointed out that "this is incorrect. A Vaughn index, created by judicial fiat (not the FOIA), is a suggested mechanism to assure 'adequate adversary testing' of the government's claimed exemptions and to assist the court in assessing the government's position during litigation. During the administrative process, 'an agency is not required to produce a Vaughn indexâ€"which district courts typically rely on in adjudicating summary judgment motions in FOIA cases."
Issues: Exemption 7(C), Exemption 7(F), Litigation - Jurisdiction - Proper Party

Date Filed	Doc #	Docket Text
2013-11-19	1	COMPLAINT against CHARLES E. SAMUELS, JR (Filing fee $ 0) filed by BARRY R. SCHOTZ. (Attachments: # 1 Civil Cover Sheet)(rj, ) (Entered: 11/26/2013)
2013-11-19	2	MOTION for Leave to Proceed in forma pauperis by BARRY R. SCHOTZ. (rj, ) (Entered: 11/26/2013)
2013-11-19	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by BARRY R. SCHOTZ. (rj, ) (Entered: 11/26/2013)
2013-11-19	4	ORDER directing an initial partial filing fee in the amount of $19.31 be made from the Prison Account of BARRY R. SCHOTZ; further ordered, granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Ketanji Brown Jackson on 10/03/2013. (rj, ) (Entered: 11/26/2013)
2013-11-22		SUMMONS (3) ISSUED as to CHARLES E. SAMUELS, JR, U.S. Attorney and U.S. Attorney General (md, ) (Entered: 12/02/2013)
2013-12-02	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/27/2013. (rdj) (Entered: 12/03/2013)
2013-12-04	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/2/2013. Answer due for ALL FEDERAL DEFENDANTS by 1/1/2014. (rdj) (Entered: 12/05/2013)
2013-12-06	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CHARLES E. SAMUELS, JR served on 12/4/2013 (rdj) (Entered: 12/09/2013)
2013-12-20	8	NOTICE of Appearance by Kimberly J. Duplechain on behalf of All Defendants (Duplechain, Kimberly) (Entered: 12/20/2013)
2014-01-29	9	MOTION for Extension of Time to File Answer re 1 Complaint Nunc Pro Tunc by CHARLES E. SAMUELS, JR (Attachments: # 1 Text of Proposed Order, # 2 Declaration Dorrett Decl.)(Duplechain, Kimberly) (Entered: 01/29/2014)
2014-02-03		MINUTE ORDER finding good cause shown and granting nunc pro tunc 9 Defendant's Motion for an Extension of Time to February 28, 2014, to respond to the Complaint. SO ORDERED. Signed by Judge Beryl A. Howell on 2/3/14.(ah) (Entered: 02/03/2014)
2014-02-03		Set/Reset Deadlines: Answer to the Complaint due by 2/28/2014. (tg, ) (Entered: 02/03/2014)
2014-02-06	10	MOTION SEEK LEAVE STATUS Of COMPLAINT AND REQUEST ALL DEPENDANT's ANSWER DUE DATE by BARRY R. SCHOTZ (rdj) (Entered: 02/07/2014)
2014-02-10		MINUTE ORDER: It is ORDERED that plaintiff's motion seeking a date for defendant to answer the complaint or summary judgment [#10] is DENIED. As per the Order issued on February 3, 2014, defendant has until February 28, 2014, to respond to the Complaint. Signed by Judge Beryl A. Howell on 2/10/14.(ah) (Entered: 02/10/2014)
2014-02-10		Set/Reset Deadline: The Defendant has until 2/28/2014, to respond to the Complaint. (ad) (Entered: 02/10/2014)
2014-02-14	11	RESPONSE re 9 MOTION for Extension of Time to File Answer re 1 Complaint Nunc Pro Tunc filed by BARRY R. SCHOTZ. "Leave to file GRANTED" by Judge Beryl A. Howell (rdj) (Entered: 02/14/2014)
2014-02-21	12	MOTION for Extension of Time to File Answer re 1 Complaint by CHARLES E. SAMUELS, JR (Duplechain, Kimberly) (Entered: 02/21/2014)
2014-02-21		MINUTE ORDER (paperless) GRANTING the defendant's 12 Motion for Extension of Time to File Answer. The defendant shall, by March 21, 2014, respond to the plaintiff's 1 Complaint. Signed by Judge Beryl A. Howell on February 21, 2014. (lcbah1) (Entered: 02/21/2014)
2014-02-24		Set/Reset Deadline: The defendant shall, by 3/21 2014, respond to the plaintiff's 1 Complaint. (ad) (Entered: 02/24/2014)
2014-03-21	13	MOTION for Summary Judgment , MOTION to Dismiss by CHARLES E. SAMUELS, JR (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration Decl. of Beth Ochoa, # 4 Exhibit Attachments to Ochoa Decl.)(Duplechain, Kimberly) (Entered: 03/21/2014)
2014-03-25	14	Order advising plaintiff to respond by May 12, 2014, to defendant's dispositive motion or risk summary dismissal of the case or entry of judgment for the defendant on what will be treated as a conceded motion (see attached order for details). Signed by Judge Beryl A. Howell on 3/25/14.(ah) (Entered: 03/25/2014)
2014-03-27		Set/Reset Deadlines: Response to Dispositive Motion due by 5/12/2014. (tg, ) (Entered: 03/27/2014)
2014-04-11	15	Memorandum in opposition to re 13 MOTION for Summary Judgment MOTION to Dismiss filed by BARRY R. SCHOTZ. (rdj) (Entered: 04/15/2014)
2014-04-11	16	MOTION for Sanctions by BARRY R. SCHOTZ (See docket entry 15 to view document)(rdj) (Entered: 04/15/2014)
2014-04-16	17	NOTICE OF SUBSTITUTION OF COUNSEL by Shuchi Batra on behalf of All Defendants Substituting for attorney Kimberly Duplechain (Batra, Shuchi) (Entered: 04/16/2014)
2014-04-25	18	RESPONSE re 16 MOTION for Sanctions filed by CHARLES E. SAMUELS, JR. (Batra, Shuchi) (Entered: 04/25/2014)
2014-05-08	19	REPLY to opposition to motion re 16 MOTION for Sanctions filed by BARRY R. SCHOTZ. (rdj) (Entered: 05/12/2014)
2014-06-19	20	NOTICE of Change of Address by BARRY R. SCHOTZ (rdj) (Entered: 06/20/2014)
2014-08-07	21	MOTION to Seek Status of Civil Case by BARRY R. SCHOTZ (rdj) (Entered: 08/11/2014)
2014-10-30	22	ORDER granting 13 the defendant's Motion for Summary Judgment; denying 16 the plaintiff's Motion for Sanctions; denying 21 the plaintiff's Motion for a Status, and entering judgment for the defendant for the reasons stated in the Memorandum Opinion issued separately this day. Signed by Judge Beryl A. Howell on 10/30/14.(ah) (Entered: 10/30/2014)
2014-10-30	23	MEMORANDUM OPINION accompanying the final order issued separately this day. Signed by Judge Beryl A. Howell on 10/30/14.(ah) (Entered: 10/30/2014)
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