Case Detail

FOIA Project Annotation: A federal court in California has ruled that the Financial Crimes Enforcement Network, part of the Department of Treasury, conducted an adequate search for most aspects of records concerning Bruce Turner's bank account, but that the agency has not justified its decision not to search for one item because it claimed the records were exempt under the Bank Secrecy Act. Ruling on the non-BSA search, the court noted that "defendant has satisfied its burden of establishing the adequacy of its search of non-BSA FinCEN Enforcement Division files made in connection with plaintiff's FOIA request." Rejecting the blanket claim of exemption under the BSA, the court observed that "Defendant's position that it was under no obligation to search BSA records in its possession because the requested [item] is exempt from disclosure under FOIA, finds no support in the cases addressing similar FOIA requests. In each of those cases it appears that although the agency was found to have properly withheld the documents in question, that determination was based upon the agency's search of the records followed by a reasonably detailed description of the documents being withheld as well as facts sufficient to establish the applicability of the claimed exemption."
Issues: Exemption 3 - Statutory prohibition of disclosure

FOIA Project Annotation: A federal court in California found that the Department of Treasury conducted an adequate search for records requested by Bruce Turner from the Financial Crimes office.
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2015-01-05	1	COMPLAINT against United States Department of the Treasury by Bruce Ervin Turner. (Attachments: # 1 Civil Cover Sheet)(Hellings, J) (Entered: 01/06/2015)
2015-01-05	2	MOTION/Application to PROCEED IN FORMA PAUPERIS by Bruce Ervin Turner. (Hellings, J) (Entered: 01/06/2015)
2015-01-05	3	MOTION/Application to PROCEED IN FORMA PAUPERIS by Bruce Ervin Turner. (Hellings, J) (Entered: 01/06/2015)
2015-01-06		APPLICATION TO PROCEED IFP filed - Action Required. (Hellings, J) (Entered: 01/06/2015)
2015-03-03		APPLICATION TO PROCEED IFP filed - Action Required. (Jessen, A) (Entered: 03/03/2015)
2015-03-16	4	ORDER GRANTING Plaintiff's 2 Application to Proceed In Forma Pauperis, signed by Magistrate Judge Sheila K. Oberto on 3/16/2015. (Attachments: # 1 IFP Application) (Marrujo, C) (Entered: 03/16/2015)
2015-03-16		SERVICE BY MAIL: 4 Order on Motion to Proceed in forma pauperis, served on Bruce Ervin Turner. (Marrujo, C) (Entered: 03/16/2015)
2015-04-06	5	INFORMATIONAL ORDER signed by Magistrate Judge Sheila K. Oberto on 4/3/15. (Martin-Gill, S) (Entered: 04/06/2015)
2015-04-06	6	ORDER Authorizing Service of Complaint on Defendant; ORDER DIRECTING Clerk to Forward Service Documents to Plaintiff for Completion and Return within Thirty Days, signed by Magistrate Judge Sheila K. Oberto on 04/3/15. (30-Day Deadline) (Attachments: # 1 Civil USM Instructions, # 2 Copy of Complaint, dated 01/05/2015)(Martin-Gill, S) (Entered: 04/06/2015)
2015-04-06		SERVICE BY MAIL: 5 Order, 6 Order, served on Bruce Ervin Turner. (Martin-Gill, S) (Entered: 04/06/2015)
2015-04-27	7	NOTICE OF SUBMISSION OF DOCUMENTS: (1) Summons, (1) USM-285 Form, and (4) Copies of the Complaint, by Bruce Ervin Turner. (Hellings, J) (Entered: 04/28/2015)
2015-05-06	8	ORDER DIRECTING Service By the United States Marshals Office Without Prepayment of Costs, signed by Magistrate Judge Sheila K. Oberto on 5/6/15. (Hellings, J) (Entered: 05/06/2015)
2015-05-06		SERVICE BY MAIL: 8 Order served on Bruce Ervin Turner. (Hellings, J) (Entered: 05/06/2015)
2015-05-21	9	MOTION to APPOINT COUNSEL by Bruce Ervin Turner. (Verduzco, M) (Entered: 05/21/2015)
2015-05-26	10	ORDER DENYING 9 Motion to Appoint Counsel. Order signed by Magistrate Judge Sheila K. Oberto on 5/26/2015. (Timken, A) (Entered: 05/26/2015)
2015-05-26		SERVICE BY MAIL: 10 Order on Motion to Appoint Counsel served on Bruce Ervin Turner. (Timken, A) (Entered: 05/26/2015)
2015-06-24	11	SUMMONS RETURNED UNEXECUTED as to United States Department of the Treasury. (Martin-Gill, S) (Entered: 06/24/2015)
2015-07-22	12	MOTION for 28-DAY EXTENSION OF TIME to Respond to Complaint by United States Department of the Treasury. Attorney Hall, Benjamin E. added. (Hall, Benjamin) (Entered: 07/22/2015)
2015-07-27	13	ORDER GRANTING 12 Ex Parte Application for Extension of Time to Respond to Complaint. Defendant shall answer or otherwise respond to plaintiff's Complaint on or before August 25, 2015. Order signed by Magistrate Judge Sheila K. Oberto on 7/25/2015. (Timken, A) (Entered: 07/27/2015)
2015-07-27		SERVICE BY MAIL: 13 Order, served on Bruce Ervin Turner. (Timken, A) (Entered: 07/27/2015)
2015-08-25	14	ANSWER TO PRISONER CIVIL RIGHTS COMPLAINT by United States Department of the Treasury. (Hall, Benjamin) (Entered: 08/25/2015)
2015-09-02	15	DISCOVERY ORDER signed by Magistrate Judge Sheila K. Oberto on 9/1/2015. (Timken, A) (Entered: 09/02/2015)
2015-09-02		SERVICE BY MAIL: 15 Order served on Bruce Ervin Turner. (Timken, A) (Entered: 09/02/2015)
2015-09-10	16	*** STRICKEN *** per document 17 . REPLY to 14 Answer to Prisoner Civil Rights Complaint, by Bruce Ervin Turner. (Verduzco, M) Modified on 9/14/2015 (Timken, A). (Entered: 09/11/2015)
2015-09-14	17	ORDER STRIKING Reply to Defendant's Answer 16 . Order signed by Magistrate Judge Sheila K. Oberto on 9/14/2015. (Timken, A) (Entered: 09/14/2015)
2015-09-14		SERVICE BY MAIL: 17 Order served on Bruce Ervin Turner. (Timken, A) (Entered: 09/14/2015)
2015-09-21	18	MOTION for APPOINTMENT of COUNSEL and Brief in Support by Bruce Ervin Turner. (Hellings, J) (Entered: 09/22/2015)
2015-10-02	19	ORDER DENYING 18 Motion to Appoint Counsel. Order signed by Magistrate Judge Sheila K. Oberto on 10/2/2015. (Timken, A) (Entered: 10/02/2015)
2015-10-02		SERVICE BY MAIL: 19 Order on Motion to Appoint Counsel served on Bruce Ervin Turner. (Timken, A) (Entered: 10/02/2015)
2015-12-04	20	ORDER by Chief Judge Morrison C. England, Jr.: Due to the appointment of Judge Dale A. Drozd to the position of U.S. District Judge, this action is reassigned from *District Judge Lawrence J. O Neill* to District Judge Dale A. Drozd for all further proceedings. (Gonzalez, R) (Entered: 12/04/2015)
2015-12-04		SERVICE BY MAIL: 20 Order Reassigning District Judge Drozd, served on Bruce Ervin Turner. (Gonzalez, R) (Entered: 12/04/2015)
2016-06-08	21	MINUTE ORDER: ***TEXT ENTRY ONLY*** As there has been no activity in this case since Plaintiff's motion for appointment of counsel was denied in October 2015, the parties SHALL file a joint status report reflecting current status of the litigation within 30 days. Minute order signed by Magistrate Judge Sheila K. Oberto on 6/8/2016. (Timken, A) (Entered: 06/08/2016)
2016-06-08		SERVICE BY MAIL: 21 Minute Order, served on Bruce Ervin Turner. (Timken, A) (Entered: 06/08/2016)
2016-06-23	22	JOINT STATUS REPORT by United States Department of the Treasury. (Hall, Benjamin) (Entered: 06/23/2016)
2016-06-30	23	MOTION for SUMMARY JUDGMENT by United States Department of the Treasury. (Attachments: # 1 Points and Authorities, # 2 Statement of Undisputed Facts in Support of Defendant's Motion for Summary Judgment, # 3 Declaration of Gilbert Paist with Exs A B and C, # 4 Declaration of Antonya Brown)(Hall, Benjamin) (Entered: 06/30/2016)
2016-08-05	24	MOTION for Protective Order by Bruce Ervin Turner. (Flores, E) (Entered: 08/05/2016)
2016-08-05	25	OPPOSITION to 23 MOTION for SUMMARY JUDGMENT by Bruce Ervin Turner. (Flores, E) (Entered: 08/05/2016)
2016-08-12	26	REPLY by United States Department of the Treasury to RESPONSE to 23 MOTION for SUMMARY JUDGMENT. (Hall, Benjamin) (Entered: 08/12/2016)
2016-11-14	27	DEMAND for TRIAL by JURY by Bruce Ervin Turner. (Hellings, J) (Entered: 11/15/2016)
2017-03-23	28	ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR A PROTECTIVE ORDER, signed by District Judge Dale A. Drozd on 3/23/2017. (Kusamura, W) (Entered: 03/23/2017)
2017-04-20	29	NOTICE of Intent to File Motion for Summary Judgment as to Plaintiff's FOIA Request Number Five by United States Department of the Treasury. (Hall, Benjamin) (Entered: 04/20/2017)
2017-04-21	30	MINUTE ORDER: (Text Only) signed by District Judge Dale A. Drozd on 4/21/2017. In response to defendant's notice 29 NOTICE of Intent to File Motion for Summary Judgment, the court sets the following briefing schedule; defendant's motion for summary judgment to be filed by 7/13/2017, plaintiff's opposition is due by 8/4/2017, any reply is due by 8/11/2017. (Thorp, J) (Entered: 04/21/2017)
2017-04-21		SERVICE BY MAIL: 30 Minute Order, served on Bruce Ervin Turner. (Thorp, J) (Entered: 04/21/2017)
2017-07-10	31	REQUEST for Defendant's Ex Parte Application and Proposed Order to Modify Briefing Schedule by United States Department of the Treasury. (Hall, Benjamin) (Entered: 07/10/2017)
2017-07-10	32	ORDER GRANTING Defendant's Ex Parte Application Requesting Modification of the Briefing Schedule, signed by District Judge Dale A. Drozd on 7/10/17. (Marrujo, C) (Entered: 07/10/2017)
2017-07-10		SERVICE BY MAIL: 32 Order, served on Bruce Ervin Turner. (Marrujo, C) (Entered: 07/10/2017)
2017-07-27	33	MOTION for SUMMARY JUDGMENT by United States Department of the Treasury. (Attachments: # 1 Points and Authorities, # 2 Statement of Undisputed Facts, # 3 Declaration of David Stoll, # 4 Declaration of Gilbert Paist with Ex A)(Hall, Benjamin) (Entered: 07/27/2017)
2018-03-30	34	ORDER GRANTING Defendant's 33 Motion for Summary Judgment signed by District Judge Dale A. Drozd on 3/30/2018. CASE CLOSED. (Sant Agata, S) (Entered: 03/30/2018)
2018-03-30	35	JUDGMENT dated *3/30/2018* pursuant to 34 order. (Sant Agata, S) (Entered: 03/30/2018)
2018-03-30		SERVICE BY MAIL: 35 Judgment, 34 Order on Motion for Summary Judgment served on Bruce Ervin Turner. (Sant Agata, S) (Entered: 03/30/2018)
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