Case Detail

FOIA Project Annotation: Judge Amy Berman Jackson has ruled she does not have jurisdiction over prisoner Vernon Earle's FOIA suit because Earle failed to state a claim for relief. Earle sent a request to EOUSA for the tax number for the D.C. grand jury that indicted him in 1986. After being told by the U.S. Attorney's Office in D.C. that D.C. grand juries did not have tax numbers, EOUSA also queried the Office of Information Policy as to the existence of such numbers. Based on research by an attorney-advisor at OIP, the agency concluded tax numbers did not exist and denied the request on that basis. OIP affirmed the denial and Earle filed suit, claiming that a prisoner who was considered a jailhouse lawyer had told him that all grand juries were required to have tax numbers. Jackson agreed with the agency that the records did not exist. She noted that "here, defendants have submitted a declaration amply demonstrating that a search would be futile because the documents in question do not exist. [The agency attorney's] conclusion is based on his personal knowledge, as well as information provided by other knowledgeable officials. His own knowledge and experience, coupled with what he learned from each of his inquiries, demonstrates a familiarity with whether the information sought could be retrieved through a search of agency records." Balancing the agency's declaration against Earle's allegations, Jackson observed that "plaintiff supplies no facts that would indicate that the source of this information has any personal knowledge of the procedures he was describing, and a statement that lacks any indicia of reliability and is pure speculation does not undermine defendants' proof here."
Issues: Litigation - Jurisdiction - Failure to State a Claim

Date Filed	Doc #	Docket Text
2016-04-04	1	COMPLAINT against UNITED STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA, UNITED STATES DEPARTMENT OF JUSTICE (Filing fee $ 0.00) filed by VERNON NORMAN EARLE. (Attachments: # 1 Civil Cover Sheet)(jf) (Entered: 04/05/2016)
2016-04-04		SUMMONS Not Issued as to UNITED STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA, UNITED STATES DEPARTMENT OF JUSTICE (jf) (Entered: 04/05/2016)
2016-04-04	2	MOTION for Leave to Proceed in forma pauperis by VERNON NORMAN EARLE (jf) (Entered: 04/05/2016)
2016-04-04	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by VERNON NORMAN EARLE (jf) (Entered: 04/05/2016)
2016-04-04	4	MOTION to Appoint Counsel by VERNON NORMAN EARLE (jf) (Entered: 04/05/2016)
2016-04-04	5	ORDER directing an initial partial filing fee in the amount of $$22.42 from Prison Account of Vernon Norman Earle and granting 2 MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge Amy Berman Jackson on 03/30/2016. (jf) (Entered: 04/05/2016)
2016-04-19	6	SUMMONS (3) Issued as to UNITED STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA, UNITED STATES DEPARTMENT OF JUSTICE, and U.S. Attorney General (md) (Entered: 04/19/2016)
2016-05-05	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA served on 4/29/2016; UNITED STATES DEPARTMENT OF JUSTICE served on 4/29/2016, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/29/20169., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/29/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 5/29/2016.) (jf) (Entered: 05/09/2016)
2016-05-09	7	NOTICE of Appearance by Michael Benjamin Posner on behalf of All Defendants (Posner, Michael) (Entered: 05/09/2016)
2016-05-25	9	MOTION for Extension of Time to File Answer by UNITED STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA, UNITED STATES DEPARTMENT OF JUSTICE (Posner, Michael) (Entered: 05/25/2016)
2016-05-27		MINUTE ORDER granting 9 Motion for Extension of Time to Answer. It is ORDERED that the answer or dispositive motion of All Defendants is due July 15, 2016. Signed by Judge Amy Berman Jackson on 5/27/16. (DMK) (Entered: 05/27/2016)
2016-05-27		Set/Reset Deadlines: The Answer or Dispositive Motion of All Defendants is now due by 7/15/2016. (jth) (Entered: 05/27/2016)
2016-07-15	10	MOTION to Dismiss , or Alternatively, for Summary Judgment by UNITED STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Memorandum in Support, # 4 Text of Proposed Order)(Posner, Michael). Added MOTION for Summary Judgment on 7/15/2016 (td). (Entered: 07/15/2016)
2016-07-15	11	ORDER denying 4 Plaintiff's Motion to Appoint Counsel; directing Plaintiff to respond by September 6, 2016, to Defendants' dispositive motion or risk summary dismissal of the complaint or entry of judgment for the defendants on what will be treated as a conceded motion (see written order for details). Signed by Judge Amy Berman Jackson on 7/15/16.(ah) (Entered: 07/15/2016)
2016-07-18		Set/Reset Deadlines: Plaintiff's Response to Defendants' dispositive motion is due by 9/6/2016. (jth) (Entered: 07/18/2016)
2016-09-06	12	Memorandum in opposition to re 10 MOTION to Dismiss , or Alternatively, for Summary Judgment filed by VERNON NORMAN EARLE. (jf) (Entered: 09/08/2016)
2016-09-12	13	REPLY to opposition to motion re 10 MOTION to Dismiss , or Alternatively, for Summary Judgment MOTION for Summary Judgment filed by UNITED STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA, UNITED STATES DEPARTMENT OF JUSTICE. (Posner, Michael) (Entered: 09/12/2016)
2016-09-29	14	SURREPLY to re 10 MOTION to Dismiss , or Alternatively, for Summary Judgment MOTION for Summary Judgment filed by VERNON NORMAN EARLE. "Leave to file granted, file as a surreply". Signed by Judge Amy B. Jackson on 09/27/2016 (jf) (Entered: 09/30/2016)
2016-10-03		MINUTE ORDER. The Court has received plaintiff's surreply 14 . The pending motion to dismiss is under advisment, and it is ORDERED that no further submissions are required unless called for by the Court. Signed by Judge Amy Berman Jackson on 10/3/16. (DMK) (Entered: 10/03/2016)
2016-10-31	15	NOTICE OF SUBSTITUTION OF COUNSEL by Christopher Charles Hair on behalf of All Defendants Substituting for attorney Michael B. Posner (Hair, Christopher) (Entered: 10/31/2016)
2016-11-10	16	ORDER granting 10 defendants' Motion to Dismiss or in the Alternative for Summary Judgment. Pursuant to Federal Rules of Civil Procedure 56 and 58, and for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that defendants' 10 Motion to Dismiss or in the Alternative for Summary Judgment is GRANTED. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/10/16. (lcabj2) (Entered: 11/10/2016)
2016-11-10	17	MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 11/10/16. (lcabj2) (Entered: 11/10/2016)
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