Case Detail

FOIA Project Annotation: Judge Emmet Sullivan has resolved the issues remaining in a case brought by Alvin Dorsey against various components of the Justice Department for records related to the agency's investigation and conviction of Dorsey. Dorsey had filed suit against EOUSA, but the remaining records at issue were referrals made to DEA and the FBI. Sullivan upheld claims of Exemption 7(D) (confidential sources) and Exemption 7(E) (investigative methods and techniques) for both agencies. He rejected Dorsey's assertion that the agencies had failed to consider segregability of the records, pointing out that "contrary to plaintiff's assertion, from the Court's review of the supporting declarations, the DEA's Vaughn Index, and copies of the relevant FBI records, defendant demonstrates that all reasonably segregable material has been released from the records referred by the EOUSA." Dismissing Dorsey's claim for fees, Sullivan noted that "it is apparent that plaintiff is not entitled to fees and costs. As a pro se plaintiff who is not an attorney, plaintiff is not eligible for attorney fees. He neither identifies a public benefit derived from this case nor explains the nature of his interest in the requested information."
Issues: Search - Referral, Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 7(D) - Confidential sources, Segregability - Disclosure of all non-exempt records, Litigation - Recovery of Costs

Date Filed	Doc #	Docket Text
2012-04-06	1	COMPLAINT against EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS (Filing fee $ 0.00) filed by ALVIN DORSEY. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 04/09/2012)
2012-04-06		SUMMONS(3) Issued as to EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 04/09/2012)
2012-04-06	2	NOTICE OF RELATED CASE by ALVIN DORSEY. Case related to Case No. 11-1350. (jf, ) (Entered: 04/09/2012)
2012-04-06	3	MOTION for Leave to Proceed in forma pauperis by ALVIN DORSEY (jf, ) (Entered: 04/09/2012)
2012-04-06	4	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ALVIN DORSEY (jf, ) (Entered: 04/09/2012)
2012-04-06	5	ORDER directing an initial partial filing fee in the amount of $33.86 from Prison Account of Alvin Dorsey; further ordered, granting 3 MOTION for Leave to Proceed in forma pauperis. Signed by Judge Colleen Kollar-Kotelly on 04/05/2012. (jf, ) (Entered: 04/09/2012)
2012-04-10	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/9/2012. Answer due for ALL FEDERAL DEFENDANTS by 5/9/2012. (jf, ) (Entered: 04/11/2012)
2012-04-13	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/12/2012. (jf, ) (Entered: 04/16/2012)
2012-05-09	8	NOTICE of Appearance by Sean Joseph Vanek on behalf of EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS (Attachments: # 1 Certificate of Service)(Vanek, Sean) (Entered: 05/09/2012)
2012-05-09	9	MOTION for Extension of Time to Respond to the Complaint by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 05/09/2012)
2012-05-24	10	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS served on 5/23/2012 (rdj) (Entered: 05/25/2012)
2012-06-13	11	MOTION for Extension of Time to Respond to the Complaint by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Vanek, Sean) (Entered: 06/13/2012)
2012-06-15		MINUTE ORDER: Defendant's 9 11 Motions for Extension of Time are granted nunc pro tunc. Its Answer or other response to the Complaint is due by July 3, 2012. Signed by Judge Emmet G. Sullivan on 6/15/12. (ms, ) (Entered: 06/15/2012)
2012-06-18		Set/Reset Deadlines: Answer due by 7/3/2012, (clv, ) (Entered: 06/18/2012)
2012-06-18		NOTICE: Minute Order entered 6/15/12 was mailed to the plaintiff to the address of record. (clv, ) (Entered: 06/18/2012)
2012-06-18	12	MOTION to Compel Discovery by ALVIN DORSEY (jf, ) (Entered: 06/19/2012)
2012-06-28		MINUTE ORDER: Citing Rule 37(b) of the Federal Rules of Civil Procedure, plaintiff moves to compel discovery on the ground that defendant failed to file timely its Answer or other response to the Complaint. There is no discovery order in place, and, therefore, Rule 37 does not apply. Furthermore, the Court has granted defendant an extension of time, to July 3, 2012, to file an Answer or other response to the Complaint. Accordingly, plaintiff's 12 Motion to Compel Discovery is denied. Signed by Judge Emmet G. Sullivan on 6/28/12. (ms, ) (Entered: 06/28/2012)
2012-07-03		NOTICE: the Minute Order entered 6/28/12 was mailed to Alvin Dorsey to the address of Court Record. (clv, ) (Entered: 07/03/2012)
2012-07-03	13	MOTION for Summary Judgment by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEYS (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Declaration Luczynski, # 5 Certificate of Service)(Vanek, Sean) (Entered: 07/03/2012)
2012-07-09	14	MOTION to Compel Discovery by ALVIN DORSEY (jf, ) (Entered: 07/12/2012)
2012-07-20		MINUTE ORDER: Plaintiffs second 14 Motion to Compel Discovery is denied for the reasons stated in the June 28, 2012 Minute Order. Signed by Judge Emmet G. Sullivan on 7/20/12. (ms, ) (Entered: 07/20/2012)
2012-07-20	15	Order advising plaintiff to respond by 8/17/2012 to defendant's motion for summary judgment, or the Court may treat the motion as conceded. Signed by Judge Emmet G. Sullivan on 7/20/12. (ms, ) (Entered: 07/20/2012)
2012-07-24		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 8/17/2012. (clv, ) (Entered: 07/24/2012)
2012-08-13	16	Memorandum in opposition to re 13 MOTION for Summary Judgment filed by ALVIN DORSEY. (Attachments: # 1 Exhibit)(jf, ) (Entered: 08/15/2012)
2012-10-05		Set/Reset Deadlines: plaintiff's response due by 10/30/2012. (kc ) (Entered: 10/05/2012)
2013-03-04	17	MEMORANDUM AND OPINION. Signed by Judge Emmet G. Sullivan on 3/1/13. (ms, ) (Entered: 03/04/2013)
2013-03-04	18	ORDER granting in part and denying in part 13 defendant's Motion for Summary Judgment. Not later than April 15, 2013, defendant shall send to plaintiff at his current address of record copies of the documents released in June 2012 at no charge to the plaintiff. Defendant shall file a renewed motion for summary judgment not later than May 15, 2013; plaintiff shall file his opposition or other response not later than June 14, 2013; and defendant shall file its reply not later than June 28, 2013.. Signed by Judge Emmet G. Sullivan on 3/1/13. (ms, ) (Entered: 03/04/2013)
2013-03-04		NOTICE: MEMORANDUM AND OPINION filed on 3/4/13 mailed to ALVIN DORSEY at court's address of record. (mac) (Entered: 03/04/2013)
2013-03-04		NOTICE:ORDER dated 3/1/13 mailed to ALVIN DORSEY at court's address of record. (mac) (Entered: 03/04/2013)
2013-03-04		Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 5/15/2013. Plaintiff's Response due by 6/14/2013. Defendant's Reply due by 6/28/2013. (mac) (Entered: 03/04/2013)
2013-05-14	19	MOTION for Summary Judgment by EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Declaration Luczynski, # 5 Certificate of Service)(Vanek, Sean) (Entered: 05/14/2013)
2013-05-15	20	Order advising plaintiff to respond by 6/14/2013 to the 19 MOTION for Summary Judgment filed by the EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS, or the Court may treat the motion as conceded. Signed by Judge Emmet G. Sullivan on 5/15/13. (ms, ) (Entered: 05/15/2013)
2013-05-15		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 6/14/2013. (clv, ) (Entered: 05/15/2013)
2013-05-15		NOTICE : Order entered 5/15/13 was mailed to ALVIN DORSEY at the address of Court Record. (clv, ) (Entered: 05/15/2013)
2013-05-23	21	Memorandum in opposition to re 19 MOTION for Summary Judgment filed by ALVIN DORSEY. (jf, ) (Entered: 05/24/2013)
2013-06-03	22	NOTICE OF SUBSTITUTION OF COUNSEL by Michelle Jean Seo on behalf of EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS Substituting for attorney Sean J. Vanek (Seo, Michelle) (Entered: 06/03/2013)
2013-06-26	23	MOTION for Extension of Time to /for Extension of the Deadline set Forth in the Court's Order by EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS (Attachments: # 1 Text of Proposed Order)(Seo, Michelle) (Entered: 06/26/2013)
2013-07-01		MINUTE ORDER: Defendant's 23 Motion for Extension of Time is granted, and its reply is ue by July 31, 2013. Signed by Judge Emmet G. Sullivan on 6/28/13. (ms, ) (Entered: 07/01/2013)
2013-07-01		Set/Reset Deadlines: defendant's reply due by 7/31/2013. (clv, ) (Entered: 07/01/2013)
2013-07-01		NOTICE: Minue Order entered 7/1/13 was mailed to ALVIN DORSEY at the address of Court Record. (clv, ) (Entered: 07/01/2013)
2013-07-31	24	MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition by EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS (Attachments: # 1 Text of Proposed Order)(Seo, Michelle) (Entered: 07/31/2013)
2013-08-05		MINUTE ORDER: Defendant's 24 Motion for Extension of Time is granted, and its Reply is due by 8/30/2013. Signed by Judge Emmet G. Sullivan on 8/5/13. (ms, ) (Entered: 08/05/2013)
2013-08-05		Set/Reset Deadlines: Reply due by 8/30/2013. (mac) (Entered: 08/05/2013)
2013-08-05		NOTICE: Minute Order dated 8/5/13 was mailed to ALVIN DORSEY at the address of Court Record. (mac) (Entered: 08/05/2013)
2013-08-30	25	REPLY re 21 Memorandum in Opposition to Defendant's Renewed Motion for Summary Judgment filed by EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS. (Attachments: # 1 Declaration Luczynski (Supplemental))(Seo, Michelle) (Entered: 08/30/2013)
2013-10-18	26	SURREPLY to re 19 Renewed MOTION for Summary Judgment filed by ALVIN DORSEY. (jf, ) "Leave to file GRANTED" signed by Judge Emmet G. Sullivan on 10/16/2013 (Entered: 10/18/2013)
2013-10-31	27	ENTERED IN ERROR.....MOTION to Compel Production of Documents and Camera Inspection of Documentss or for Segregability Review by ALVIN DORSEY. (jf, ) Modified on 11/7/2013 (jf, ). (Entered: 11/01/2013)
2013-11-07		NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 27 MOTION to Compel was entered in error as a clerical mistake and refiled in the correct case (12cv543).(jf, ) (Entered: 11/07/2013)
2014-03-26	28	Memorandum Opinion and ORDER granting in part and denying in part 19 defendant's Motion for Summary Judgment. Signed by Judge Emmet G. Sullivan on 3/26/14. (ms, ) (Entered: 03/26/2014)
2014-03-27		NOTICE: 28 Memorandum Opinion and Order mailed to ALVIN DORSEY at court's address of record. (mac) (Entered: 03/27/2014)
2014-03-27		Set/Reset Deadlines: Defendant Renewed Motion With Respect To The Records Referred By The Executive Office due by 5/15/2014. (mac) (Entered: 03/27/2014)
2014-04-04	29	NOTICE OF INTERLOCUTORY APPEAL as to 28 Order on Motion for Summary Judgment by ALVIN DORSEY. Fee Status: No Fee Paid. Parties have been notified. (jf, ) (Entered: 04/07/2014)
2014-04-07	30	Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court re 29 Notice of Interlocutory Appeal. (jf, ) (Entered: 04/07/2014)
2014-04-15	31	NOTICE OF SUBSTITUTION OF COUNSEL by Shuchi Batra on behalf of All Defendants Substituting for attorney Michelle J. Seo (Batra, Shuchi) (Entered: 04/15/2014)
2014-05-13	32	MOTION for Extension of Time to File a Dispositive Motion by EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS (Attachments: # 1 Text of Proposed Order)(Batra, Shuchi) (Entered: 05/13/2014)
2014-05-16		MINUTE ORDER: Defendants' 32 Motion for Extension of Time is granted nunc pro tunc, and their renewed motion is due by July 1, 2014. Signed by Judge Emmet G. Sullivan on 5/16/14. (ms, ) (Entered: 05/16/2014)
2014-05-16		Set/Reset Deadlines: Renewed Motion due by 7/1/2014. (mac) (Entered: 05/16/2014)
2014-05-16		NOTICE: Minute Order dated 5/16/14 mailed to ALVIN DORSEY at court's address of record. (mac) (Entered: 05/16/2014)
2014-06-25		USCA Case Number 14-5091 for 29 Notice of Interlocutory Appeal filed by ALVIN DORSEY. (erd) (Entered: 06/25/2014)
2014-06-27	33	MOTION for Extension of Time to File a Dispositive Motion by EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS (Attachments: # 1 Text of Proposed Order)(Batra, Shuchi) (Entered: 06/27/2014)
2014-06-30		MINUTE ORDER: Defendant's 33 Motion for Extension of Time is granted, and its renewed motion for summary judgment is due by August 7, 2014. Signed by Judge Emmet G. Sullivan on 6/30/14. (ms, ) (Entered: 06/30/2014)
2014-06-30		Set/Reset Deadlines: Defendant's Renewed Motion For Summary Judgment due by 8/7/2014. (mac) (Entered: 06/30/2014)
2014-06-30		NOTICE: Minute Order dated 6/30/14 mailed to ALVIN DORSEY at court's address of record. (mac) (Entered: 06/30/2014)
2014-08-07	34	MOTION for Summary Judgment by EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Katherine L. Myrick, # 4 Exhibit to Myrick Declaration, # 5 Declaration of David M. Hardy, # 6 Exhibit to Hardy Declaration)(Batra, Shuchi) (Entered: 08/07/2014)
2014-08-08	35	Order advising plaintiff to respond by 9/12/2014 to the renewed 34 MOTION for Summary Judgment filed by the EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS, or the Court may treat the motion as conceded. Signed by Judge Emmet G. Sullivan on 8/8/14. (ms, ) (Entered: 08/08/2014)
2014-08-11		Set/Reset Deadlines: Plaintiff Response To 34 Motion For Summary Judgment due by 9/12/2014. (mac) (Entered: 08/11/2014)
2014-08-11		NOTICE: 35 Order mailed to ALVIN DORSEY at court's address of record. (mac) (Entered: 08/11/2014)
2014-08-11	36	ERRATA to Defendant's Renewed Motion for Summary Judgment by EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS 34 MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS. (Attachments: # 1 Exhibit)(Batra, Shuchi) (Entered: 08/11/2014)
2014-08-20	37	Memorandum in opposition to re 34 MOTION for Summary Judgment filed by ALVIN DORSEY. (jf, ) (Entered: 08/21/2014)
2014-08-29	38	MOTION for Extension of Time to File Reply Brief by EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS (Attachments: # 1 Text of Proposed Order)(Batra, Shuchi) (Entered: 08/29/2014)
2014-09-02		MINUTE ORDER: Defendant's 38 Motion for Extension of Time is granted, and its Reply is due by 9/16/14. Signed by Judge Emmet G. Sullivan on 9/2/14. (ms, ) (Entered: 09/02/2014)
2014-09-02		Set/Reset Deadlines: Defendant Reply due by 9/16/2014. (mac) (Entered: 09/02/2014)
2014-09-02		NOTICE: Minute Order dated 9/2/14 mailed to ALVIN DORSEY at court's address of record. (mac) (Entered: 09/02/2014)
2014-09-16	39	REPLY to opposition to motion re 34 MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS. (Batra, Shuchi) (Entered: 09/16/2014)
2014-10-03	40	NOTICE by ALVIN DORSEY (jf, ) (Entered: 10/06/2014)
2014-10-09	43	MANDATE of USCA (certified copy) as to 29 Notice of Interlocutory Appeal filed by ALVIN DORSEY. That the order to show cause be discharged. That the appeal be dismissed. USCA Case Number 14-5091. (erd) (Entered: 10/17/2014)
2014-10-15	41	NOTICE OF SUBSTITUTION OF COUNSEL by Eric Joseph Young on behalf of All Defendants Substituting for attorney Shuchi Batra (Young, Eric) (Entered: 10/15/2014)
2014-10-15	42	RESPONSE re 40 Notice (Other) filed by EXECUTIVE OFFICE FOR THE U.S. ATTORNEYS. (Young, Eric) (Entered: 10/15/2014)
2015-03-20	44	MEMORANDUM AND OPINION. Signed by Judge Emmet G. Sullivan on 3/19/15. (ms, ) (Entered: 03/20/2015)
2015-03-20	45	ORDER granting 34 defendant's renewed Motion for Summary Judgment. This is a final appealable Order. Signed by Judge Emmet G. Sullivan on 3/19/15. (ms, ) (Entered: 03/20/2015)
2015-03-23		NOTICE: 44 Memorandum Opinion and 45 Order mailed to ALVIN DORSEY at court's address of record. (mac) (Entered: 03/23/2015)
2015-04-02	46	NOTICE OF APPEAL as to 45 Order on Motion for Summary Judgment, 44 Memorandum & Opinion by ALVIN DORSEY. Fee Status: No Fee Paid. Parties have been notified. (jf, ) (Entered: 04/03/2015)
2015-04-03	47	Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court re 46 Notice of Appeal. (jf, ) (Entered: 04/03/2015)
2015-04-10		USCA Case Number 15-5104 for 46 Notice of Appeal filed by ALVIN DORSEY. (md, ) (Entered: 04/10/2015)
2015-04-10	48	ORDER of USCA as to 46 Notice of Appeal filed by ALVIN DORSEY. ORDERED, on the court's own motion, that by May 11, 2015, appellant either pay the $505 appellate docketing and filing fees to the Clerk of the District Court, or file a motion in district court for leave to proceed on appeal in forma pauperis and submit to this court a completed Consent to Collection of Fees and Prisoner Trust Account Report (see full order for further details). USCA Case Number 15-5104. (zrd, ) (Entered: 04/10/2015)
2015-04-10		NOTICE: 48 Order mailed to ALVIN DORSEY at court's address of record. (mac) (Entered: 04/10/2015)
2015-04-27	49	MOTION for Leave to Appeal in forma pauperis by ALVIN DORSEY (jf, ) (Entered: 04/28/2015)
2015-05-08		MINUTE ORDER: Plaintiff's 49 Motion for Leave to Appeal in forma pauperis is granted. Signed by Judge Emmet G. Sullivan on 5/8/15. (ms, ) (Entered: 05/08/2015)
2015-05-11	50	Supplemental Record on Appeal transmitted to US Court of Appeals re Minute Order granting Motion for Leave to Appeal in forma pauperis; USCA Case Number 15-5104. (znmw, ) (Entered: 05/11/2015)
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