Case Detail

FOIA Project Annotation: Judge James Boasberg has ruled that the U.S. National Control Bureau conducted an adequate search for records pertaining to Jason Cavezza and his extradition from Mexico on drug charges and that the agency properly redacted parts of records under Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(D) (confidential sources), Cavezza brought suit against a number of components of the Department of Justice pertaining to his extradition. Dealing solely with USNCB's motion for summary judgment, Boasberg pointed out that Cavezza had largely conceded that the agency properly responded to his request. Boasberg noted that Cavezza's "only argument [pertaining to the search] is that if certain materials were not located, their non-existence demonstrates the illegality of his extradition. A FOIA suit, of course is not the vehicle to assert such a challenge, and this Court offers no opinion on the merits of Cavezza's extradition." As to the exemption claims and the agency's contention that any records that might be subject to the Privacy Act would be contained in exempt law enforcement systems of records, Boasberg once again found Cavezza had conceded the agency's position. Boasberg dismissed Cavezza's attempt to amend his complaint to ask for damages, noting that "as FOIA does not permit monetary damages, amending Cavezza's Complaint as he desires would be futile."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2015-02-05	1	COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE filed by JASON CAVEZZA. (Attachments: # 1 Civil Cover Sheet)(td, ) (Entered: 02/06/2015)
2015-02-05		SUMMONS (5) Issued as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 02/06/2015)
2015-02-05	2	MOTION for Leave to Proceed in forma pauperis by JASON CAVEZZA (td, ) (Entered: 02/06/2015)
2015-02-05	3	PRISONER ACCOUNT STATEMENT by JASON CAVEZZA (td, ) (Entered: 02/06/2015)
2015-02-05	4	ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Christopher R. Cooper on 1/30/15. (td, ) (Entered: 02/06/2015)
2015-02-05		SUMMONS (5) Issued as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (rd) (Entered: 02/09/2015)
2015-02-20	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/13/15., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 2/13/2015 (td, ) (Entered: 02/24/2015)
2015-03-30	6	ENTERED IN ERROR. . . . .NOTICE of Appearance by Eric Joseph Young on behalf of All Defendants (Young, Eric) Modified on 3/31/2015 (td, ). (Entered: 03/30/2015)
2015-03-31		NOTICE OF ERROR re 6 Notice of Appearance; emailed to eric.young2@usdoj.gov, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Please refile document, 3. Wrong case number on document. (td, ) (Entered: 03/31/2015)
2015-03-31	7	NOTICE of Appearance by Eric Joseph Young on behalf of All Defendants (Young, Eric) (Entered: 03/31/2015)
2015-04-10	8	First MOTION for Extension of Time to File Response/Reply by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Young, Eric) (Entered: 04/10/2015)
2015-04-13		MINUTE ORDER GRANTING Defendants' 8 Motion for Extension of Time to Respond to Plaintiff's Complaint. The Court ORDERS that Defendants must file their response by July 25, 2015. Signed by Judge James E. Boasberg on 04/13/15. (lcjeb3) (Entered: 04/13/2015)
2015-04-13		Set/Reset Deadline: The Defendants must file their response by 7/25/2015. (ad) (Entered: 04/13/2015)
2015-04-24	9	MOTION for Summary Judgment USNCB Motion for Partial Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support Memorandum of Support, # 2 Statement of Facts Statement of Facts, # 3 Declaration Dembkowski Declaration & Exhibits (Redacted), # 4 Exhibit Attachment 1, ICE Response, # 5 Text of Proposed Order Draft Proposed Order)(Young, Eric) (Entered: 04/24/2015)
2015-04-24	10	ORDER directing Plaintiff to respond to 9 Defendant's Motion for Summary Judgment no later than May 15, 2015. Signed by Judge James E. Boasberg on 04/24/15. (lcjeb3) (Entered: 04/24/2015)
2015-04-27		Set/Reset Deadline: Plaintiff to respond to 9 Defendant's Motion for Summary Judgment no later than 5/15/2015. (ad) (Entered: 04/27/2015)
2015-05-11	11	NOTICE of Change of Address by JASON CAVEZZA (td, ) (Entered: 05/13/2015)
2015-05-11	12	RESPONSE (Traverse) re 9 MOTION for Summary Judgment USNCB Motion for Partial Summary Judgment filed by JASON CAVEZZA. (td, ) (Entered: 05/13/2015)
2015-05-11	13	Counter MOTION for Summary Judgment by JASON CAVEZZA (td, ). Added MOTION for Leave to Amend on 5/18/2015 (td, ). (Entered: 05/13/2015)
2015-05-15	14	REPLY to opposition to motion re 9 MOTION for Summary Judgment USNCB Motion for Partial Summary Judgment filed by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Young, Eric) (Entered: 05/15/2015)
2015-05-15	15	Memorandum in opposition to re 13 MOTION for Summary Judgment and Opposition to Plaintiff's Request for Leave to Amend filed by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Young, Eric) (Entered: 05/15/2015)
2015-06-01	16	MOTION for Summary Judgment for United States Marshals Service by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Associate General Counsel WIlliam Bordley, # 4 Exhibit Exhibits A-I, # 5 Text of Proposed Order)(Young, Eric) (Entered: 06/01/2015)
2015-06-01	17	MOTION for Summary Judgment Executive Office of the United States Attorneys by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration FOIA Attorney DavId Luczynski, # 4 Exhibit, # 5 Text of Proposed Order)(Young, Eric) (Entered: 06/01/2015)
2015-06-01	18	ORDER directing Plaintiff to respond to 16 Defendant United States Marshals Service's Motion for Summary Judgment no later than June 22, 2015. Signed by Judge James E. Boasberg on 06/01/2015. (lcjeb3) (Entered: 06/01/2015)
2015-06-01	19	ORDER directing Plaintiff to respond to 17 Defendant Executive Office for United States Attorneys' Motion for Summary Judgment no later than June 22, 2015. Signed by Judge James E. Boasberg on 06/01/2015. (lcjeb3) (Entered: 06/01/2015)
2015-06-01		Set/Reset Deadline: Plaintiff to respond to 16 Defendant United States Marshals Service's Motion for Summary Judgment no later than 6/22/2015. (ad) (Entered: 06/01/2015)
2015-06-01		Set/Reset Deadline: Plaintiff to respond to 17 Defendant Executive Office for United States Attorneys' Motion for Summary Judgment no later than 6/22/2015. (ad) (Entered: 06/01/2015)
2015-06-11	20	MOTION for Summary Judgment for U.S. Citizenship and Immigration Services, Department of Homeland Security by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support Department of Homeland Security, U.S. Citizenship and Immigration Services, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit, # 5 Text of Proposed Order)(Young, Eric) (Entered: 06/11/2015)
2015-06-11	21	ORDER directing Plaintiff to respond to 20 Defendant U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services' (USCIS) Motion for Summary Judgment no later than July 2, 2015. Signed by Judge James E. Boasberg on 06/11/2015. (lcjeb3) (Entered: 06/11/2015)
2015-06-12		Set/Reset Deadlines: Plaintiff's Response to 20 Motion for Summary Judgment due by 7/2/2015. (tg) (Entered: 06/12/2015)
2015-06-12	22	NOTICE of Service and Mailing by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Young, Eric) (Entered: 06/12/2015)
2015-06-12	23	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 6/9/2015 (td) (Entered: 06/15/2015)
2015-06-16	24	Mail Returned as undeliverable; Sent to JASON CAVEZZA; Type of Document Returned: Copies of 18 Order and 19 Order filed on 6/01/2015; No forwarding address. (ad) (Entered: 06/16/2015)
2015-06-26	25	Mail Returned as undeliverable; Sent to JASON CAVEZZA; Type of Document Returned: A copy of 21 Order; No forwarding address. (ad) (Entered: 06/26/2015)
2015-07-06	26	MOTION to Dismiss for Lack of Prosecution by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Young, Eric) (Entered: 07/06/2015)
2015-07-09	27	ORDER: The Court ORDERS that: 1) Defendant USNCB's 9 Motion for Summary Judgment is GRANTED; 2) Plaintiff's 13 Counter Motion is DENIED; and 3) Judgment is ENTERED as to USNCB only. Signed by Judge James E. Boasberg on 07/09/15. (lcjeb2) (Entered: 07/09/2015)
2015-07-09	28	MEMORANDUM OPINION re 27 Order on Defendant USNCB's 9 Motion for Summary Judgment and Plaintiff's 13 Counter Motion. Signed by Judge James E. Boasberg on 07/09/15. (lcjeb2) (Entered: 07/09/2015)
2015-07-16	29	MOTION for Extension of Time to File Answer or dispositive motion by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Young, Eric) (Entered: 07/16/2015)
2015-07-16	30	ERRATA Correction to filing date on Motion for Extension of Time and its Certificate of Service by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Young, Eric) (Entered: 07/16/2015)
2015-07-16		MINUTE ORDER granting Defendants' 29 Motion for Extension of Time to Answer or File Dispositive Motions. The Court ORDERS that Defendants shall file answers or dispositive motions on behalf of the United States Department of State and the Department of Justice's Office of International Affairs and Drug Enforcement Administration on or before August 25, 2015. Signed by Judge James E. Boasberg on 07/16/2015. (lcjeb3) (Entered: 07/16/2015)
2015-07-17		Set/Reset Deadline: The Defendants shall file answers or dispositive motions on behalf of the United States Department of State and the Department of Justice's Office of International Affairs and Drug Enforcement Administration on or before 8/25/2015. (ad) (Entered: 07/17/2015)
2015-07-31	31	Mail Returned as undeliverable; Sent to JASON CAVEZZA; Type of Document Returned: A copy of the Minute Order filed on 7/16/2015; No forwarding address. (ad) (Entered: 07/31/2015)
2015-07-31	32	Mail Returned as undeliverable; Sent to JASON CAVEZZA; Type of Document Returned: Copies of 27 Order and 28 Memorandum Opinion filed on 7/09/2015; No forwarding address. (ad) (Entered: 07/31/2015)
2015-08-03	33	MOTION for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration with exhibits and Vaughn Index, # 4 Text of Proposed Order)(Young, Eric) (Entered: 08/03/2015)
2015-08-19	34	ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that: 1) Defendants' 26 Motion to Dismiss for Lack of Prosecution is GRANTED; and 2) the case is DISMISSED WITHOUT PREJUDICE. Signed by Judge James E. Boasberg on 8/19/15. (lcjeb3) (Entered: 08/19/2015)
2015-08-19	35	MEMORANDUM OPINION re 34 Order. Signed by Judge James E. Boasberg on 8/19/15. (lcjeb3) (Entered: 08/19/2015)
Hide Docket Events