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Case TitleREEDOM v. SOCIAL SECURITY ADMINISTRATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv00406
Date Filed2015-03-20
Date Closed2016-06-28
JudgeJudge Rosemary M. Collyer
PlaintiffJAMES PATRICK REEDOM
Case DescriptionJames Reedom submitted FOIA requests to the Social Security Administration, the IRS, and the Department of Agriculture. The Social Security Administration failed to respond to his request. The IRS and the Department of Agriculture provided some records but withheld others under Exemption 4 (confidential business information). Reedom alleged that both agencies denied his administrative appeal with a form letter. Reedom then filed suit.
Complaint issues: Failure to respond within statutory time limit, Exemption 4

DefendantSOCIAL SECURITY ADMINISTRATION
DefendantUSDA
DefendantUNITED STATES DEPARTMENT OF TREASURY
AppealD.C. Circuit 15-5211
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [30]
FOIA Project Annotation: Judge Rosemary Collyer has ruled that the Social Security Administration, the IRS, and Rural Development, a component of the Department of Agriculture, properly told James Reedom this his multiple separate requests to the agency could not be processed without further information. Reedom asked for records about his SSA earnings, as well as requesting records about discrimination complaints filed against the agency. For the request for his SSA earnings, Reedom was told that he had to fill out an authorization form, which the agency sent him. Reedom did not return the authorization form. He also asked the agency to tell him if fees would be more than $25. The agency told him the fee would be $102 and sent him a form to fill out, but, again, he failed to respond. For another request he asked for a fee waiver, but never identified the records he was requesting. At Rural Development, he requested records about loans to African Americans and a named non-profit organization. The agency told him it did not have such records. He appealed, but the appeal contained no further information relevant to the request. Four of his requests to the IRS were rejected because they asked for taxpayer information about third parties. To a fifth request for records about himself, the agency provided him with the forms needed to proceed with such a request. Reedom then filed suit. Collyer observed that "plaintiff has submitted seemingly random collections of exhibits and citations to legal authority, and none sheds light on the actual FOIA requests to which the complaint purportedly refers." Collyer found all three agencies had responded appropriately. Referring to the SSA, she noted that "defendants have demonstrated that Plaintiff failed to exhaust his administrative remedies with respect to his FOIA requests for earnings records and other information from SSA."
Issues: Litigation - Jurisdiction - Failure to Exhaust
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-03-201COMPLAINT against SOCIAL SECURITY ADMINISTRATION, UNITED STATES DEPARTMENT OF TREASURY, USDA filed by JAMES PATRICK REEDOM. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 03/23/2015)
2015-03-202MOTION for Leave to Proceed in forma pauperis by JAMES PATRICK REEDOM (rdj) (Entered: 03/23/2015)
2015-03-20FIAT ORDER granting 2 Motion for Leave to Proceed in forma pauperis "Leave to file without prepayment of costs GRANTED". Signed by Judge Randolph D. Moss on 3/19/2015. (rdj) (Entered: 03/23/2015)
2015-03-20Summons (3) Issued as to SOCIAL SECURITY ADMINISTRATION, UNITED STATES DEPARTMENT OF TREASURY, USDA. (rdj) (Entered: 03/23/2015)
2015-03-25SUMMONS (2) Issued as to U.S. Attorney and U.S. Attorney General (rd) (Entered: 03/25/2015)
2015-04-133RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/10/15. (td, ) (Entered: 04/13/2015)
2015-04-174MOTION for CM/ECF Password by JAMES PATRICK REEDOM (Attachments: # 1 Text of Proposed Order)(rdj) (Entered: 04/21/2015)
2015-04-215ORDER denying without prejudice Plaintiff's 4 Motion for Permission for Electronic Case Filing. Signed by Judge Rosemary M. Collyer on April 21, 2015. (lcrmc1) (Entered: 04/21/2015)
2015-04-276RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/10/2015. Answer due for ALL FEDERAL DEFENDANTS by 5/10/2015. (jf, ) (Entered: 04/27/2015)
2015-05-087RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SOCIAL SECURITY ADMINISTRATION served on 5/6/2015 (rdj) (Entered: 05/11/2015)
2015-05-118First MOTION for Extension of Time to File Answer re 1 Complaint by SOCIAL SECURITY ADMINISTRATION, UNITED STATES DEPARTMENT OF TREASURY, USDA (Haynes, Fred) (Entered: 05/11/2015)
2015-05-12MINUTE ORDER granting 8 Defendants' First Motion for Extension of Time to Answer. Defendants shall file an answer or otherwise respond to the complaint no later than May 18, 2015. Signed by Judge Rosemary M. Collyer on May 12, 2015. (lcrmc1) (Entered: 05/12/2015)
2015-05-12Set/Reset Deadlines/Hearings: Answer to complaint due by 5/18/2015. (cdw) (Entered: 05/13/2015)
2015-05-189RESPONSE re 8 First MOTION for Extension of Time to File Answer re 1 Complaint filed by JAMES PATRICK REEDOM. (td, ) (Entered: 05/19/2015)
2015-05-1910Consent MOTION for Extension of Time to File Answer re 1 Complaint by SOCIAL SECURITY ADMINISTRATION, UNITED STATES DEPARTMENT OF TREASURY, USDA (Haynes, Fred) (Entered: 05/19/2015)
2015-05-1911ANSWER to 1 Complaint by SOCIAL SECURITY ADMINISTRATION, UNITED STATES DEPARTMENT OF TREASURY, USDA.(Haynes, Fred) (Entered: 05/19/2015)
2015-05-21MINUTE ORDER granting 10 Defendants' Consent Motion for One-Day Extension of Time, Nunc Pro Tunc, to File the Lodged Answer. The Defendants shall have, nunc pro tunc, to May 19, 2015, to file their answer. Signed by Judge Rosemary M. Collyer on May 21, 2015. (lcrmc1) (Entered: 05/21/2015)
2015-05-2112ORDER. The parties shall confer and, not later than June 4, 2015, file a joint report setting forth a proposed schedule for further proceedings in this case. Signed by Judge Rosemary M. Collyer on May 21, 2015. (lcrmc1) (Entered: 05/21/2015)
2015-05-21Set/Reset Deadlines/Hearings: Joint Report due by 6/4/2015. (cdw) (Entered: 05/22/2015)
2015-05-2713RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. USDA served on 5/26/2015 (jf) (Entered: 05/28/2015)
2015-06-0214MOTION for Order to Show Cause by JAMES PATRICK REEDOM (Attachments: # 1 Text of Proposed Order)(rdj) (Entered: 06/03/2015)
2015-06-0415NOTICE of Proposed Briefing Schedule by SOCIAL SECURITY ADMINISTRATION, UNITED STATES DEPARTMENT OF TREASURY, USDA (Haynes, Fred) (Entered: 06/04/2015)
2015-06-08MINUTE ORDER. In light of 15 the parties' Proposed Briefing Schedule, the Court orders that Defendants shall file their motion for summary judgment no later than August 10, 2015; Plaintiff shall file his opposition no later than September 10, 2015; and Defendants shall file their reply no later than September 24, 2015. Signed by Judge Rosemary M. Collyer on June 8, 2015. (lcrmc1) (Entered: 06/08/2015)
2015-06-08MINUTE ORDER. The parties have submitted a joint proposed schedule for further proceedings in this case pursuant to the Court's May 21, 2015 Order. A FOIA case such as this is exempt from the meet and confer requirements of Local Civil Rule 16.3, and therefore Plaintiff's Motion to Show Cause 14 is denied. Signed by Judge Rosemary M. Collyer on June 8, 2015. (lcrmc1) (Entered: 06/08/2015)
2015-06-08Set/Reset Deadlines/Hearings: Defendants Summary Judgment motion due by 8/10/2015. Response to Motion for Summary Judgment due by 9/10/2015. Reply to Motion for Summary Judgment due by 9/24/2015. (cdw) (Entered: 06/09/2015)
2015-06-1716RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF TREASURY served on 6/12/2015 (zrdj) (Entered: 06/18/2015)
2015-07-0617MOTION to Stay Discovery by SOCIAL SECURITY ADMINISTRATION, UNITED STATES DEPARTMENT OF TREASURY, USDA (Haynes, Fred) (Entered: 07/06/2015)
2015-07-0718ORDER granting 17 Defendants' Motion to Stay Discovery. Discovery in this case is stayed. Defendants are not required at this time to respond to Mr. Reedom's discovery requests. Mr. Reedom shall not submit any further discovery requests to Defendants unless and until he receives approval from the Court at the appropriate time. Signed by Judge Rosemary M. Collyer on July 7, 2015. (lcrmc1) (Entered: 07/07/2015)
2015-07-1619NOTICE OF INTERLOCUTORY APPEAL as to 18 Order on Motion to Stay, by JAMES PATRICK REEDOM. Fee Status: No Fee Paid. Parties have been notified. (zrdj) (Entered: 07/17/2015)
2015-07-1620MOTION for Leave to Appeal in forma pauperis by JAMES PATRICK REEDOM (zrdj) (Entered: 07/17/2015)
2015-07-1721Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. Motion to proceed on appeal in forma pauperis has been filed. Another transmission will be forwarded when the motion has been decided re 19 Notice of Interlocutory Appeal. (zrdj) (Entered: 07/17/2015)
2015-07-29USCA Case Number 15-5211 for 19 Notice of Interlocutory Appeal filed by JAMES PATRICK REEDOM. (md) (Entered: 07/29/2015)
2015-08-1022First MOTION for Extension of Time to File Defendants' Motion for Summary Judgment by SOCIAL SECURITY ADMINISTRATION, UNITED STATES DEPARTMENT OF TREASURY, USDA (Haynes, Fred) (Entered: 08/10/2015)
2015-08-1423MOTION for Summary Judgment by SOCIAL SECURITY ADMINISTRATION, UNITED STATES DEPARTMENT OF TREASURY, USDA (Attachments: # 1 Exhibit A - Zimmerman Declaration with attached exhibits, # 2 Exhibit B- Sole Declaration with attached exhibits, # 3 Exhibit C - Gregory Declaration with attached exhibits)(Haynes, Fred) (Entered: 08/14/2015)
2015-08-2624Memorandum in opposition to re 23 MOTION for Summary Judgment filed by JAMES PATRICK REEDOM. (Attachments: # 1 Exhibit Part 1 of 2, # 2 Exhibit Part 2 of 2)(zrdj) (Entered: 08/27/2015)
2015-09-02MINUTE ORDER granting 20 Mr. Reedom's Motion for Leave to Appeal in forma pauperis. Signed by Judge Rosemary M. Collyer on September 2, 2015. (lcrmc1) (Entered: 09/02/2015)
2015-09-02MINUTE ORDER. Based on the parties' joint proposed briefing schedule, the Court set August 10, 2015 as the deadline for Defendants' motion for summary judgment. On August 10, 2015, Defendants moved for a two-day extension of time, to August 12, 2015, to file their motion. Defendants failed to meet the self-imposed deadline, however, and filed their motion on August 14, 2015. Nevertheless, the Court hereby grants Defendants' motion for an extension of time 22 nunc pro tunc to August 10, 2015. Deadlines for Plaintiff's opposition and Defendants' reply will be determined at a later date, after the resolution of Plaintiff's interlocutory appeal. Signed by Judge Rosemary M. Collyer on September 2, 2015. (lcrmc1) (Entered: 09/02/2015)
2015-09-0225MOTION for Preliminary Injunction by JAMES PATRICK REEDOM (zrdj) (Entered: 09/03/2015)
2015-09-0326Supplemental Record on Appeal transmitted to US Court of Appeals re 19 Notice of Interlocutory Appeal ;USCA Case Number 15-5211. (zrdj) (Entered: 09/03/2015)
2015-09-0327REPLY to opposition to motion re 23 MOTION for Summary Judgment filed by SOCIAL SECURITY ADMINISTRATION, UNITED STATES DEPARTMENT OF TREASURY, USDA. (Haynes, Fred) (Entered: 09/03/2015)
2015-09-14MINUTE ORDER. Plaintiff brought this action under the Freedom of Information Act. The Court granted Defendants' Motion to Stay Discovery, and Plaintiff has appealed this ruling to the United States Court of Appeals for the District of Columbia Circuit. It is hereby ORDERED that Plaintiff's Motion for Preliminary Injunction 25 directing the parties to engage in discovery is DENIED pending resolution of Plaintiff's interlocutory appeal. Signed by Judge Rosemary M. Collyer on September 14, 2015. (lcrmc1) (Entered: 09/14/2015)
2016-02-0328MANDATE of USCA (certified copy) ORDERED that this case be dismissed for lack of prosecution as to 19 Notice of Interlocutory Appeal filed by JAMES PATRICK REEDOM. USCA Case Number 15-5211. (td) (Entered: 02/04/2016)
2016-02-0529ORDER. Plaintiff shall supplement his 24 Opposition to 23 Defendants' Motion for Summary Judgment no later than March 7, 2016 . If Plaintiff files a supplement, Defendants shall file a response no later than March 28, 2016 . Plaintiff's failure to respond to Defendants' motion carries with it the risk that the Court will treat the motion as conceded and that judgment will be entered for Defendants. Signed by Judge Rosemary M. Collyer on 2/5/2016. (lcrmc1) (Entered: 02/05/2016)
2016-02-08Set/Reset Deadlines: Plaintiff's Supplement due by 3/7/2016. Response due by 3/28/2016. (zmm) (Entered: 02/08/2016)
2016-06-2730MEMORANDUM OPINION. Signed by Judge Rosemary M. Collyer on June 27, 2016. (cdw) (Entered: 06/28/2016)
2016-06-2731ORDER granting 23 Motion for Summary Judgment. This is a final appealable Order. Signed by Judge Rosemary M. Collyer on June 27, 2016. (cdw) (Entered: 06/28/2016)
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