Case Detail

FOIA Project Annotation: A federal court in California has ruled that EOUSA failed to show that it conducted an adequate search for records indicating whether Assistant U.S Attorney Michael Wheat of the Southern District of California referred an exchange of letters he had with prisoner David Harrison for further action. Responding to a letter Harrison wrote to Judge Larry Burns contending that his federal conviction was invalid, Wheat responded to Harrison that his letter served "no legitimate purpose" and that Wheat was going to refer the letter to various agencies to monitor Harrison's activities. Harrison then submitted a FOIA request for records indicating the offices to which Wheat had referred the letter. Assistant U.S. Attorney Katherine Parker contacted Wheat and asked him to identify the offices to which he had referred the letter. Wheat told Parker that he had taken no action so there were no offices to which the letter had been referred. The agency then told Harrison that the agency had no records. The court found that was insufficient, noting that "calling Mr. Wheat to discuss the matter is certainly part of an adequate search. But the Court is not convinced that it alone is sufficient, especially where, as here, Mr. Wheat and his conduct are the subject of Plaintiff's FOIA request. Nor has Defendant identified a single case where a phone call or conversation has been held sufficient under FOIA, much less a case where the conversation included the subject of the FOIA inquiry. This Court declines the opportunity to be the first." The court indicated that it did not doubt the good faith of Parker or Wheat, but observed that "but this is not the issue here. The issue is the adequacy of the search conducted by Defendant, and the Court finds that Defendant's declaration fails to meet that mark." After talking to Wheat, Parker had concluded that no further search would be useful. The court, however, pointed out that "but Ms. Parker does not explain why she concluded that an additional search would be fruitless. The Court will not credit this conclusion without further explanation."
Issues: Search - Reasonableness of search

FOIA Project Annotation: A federal court in California has ruled that EOUSA adequately explained that no records existed pertaining to Assistant U.S. Attorney Michael Wheat's threats to inform various investigative agencies about prisoner David Harrison's harassment of the judge who convicted him. After Wheat threatened to inform the agencies, Harrison filed a FOIA request for records about the actions Wheat took against him. Assistant U.S. Attorney Katherine Parker contacted Wheat, who told Parker that he never followed through with his threat. In a prior ruling, the court found this was not sufficient, but after Parker provided more explanation the court agreed that there were no records. Harrison insisted that discovery was necessary, but the court pointed out that "Plaintiff seeks to discover whom Mr. Wheat contacted regarding Plaintiff's letter. But this is exactly what Plaintiff unsuccessfully sought in this three FOIA requests. Thus, Plaintiff fails to convince the Court that discovery is appropriate, much less necessary."
Issues: Search - Reasonableness of search

Date Filed	Doc #	Docket Text
2016-05-31	1	COMPLAINT against Executive Office for United States Attorneys, filed by David Scott Harrison. (Filing fee $400.00; fee not paid; IFP filed) The new case number is 3:16-cv-1310-JLS-BGS. Judge Janis L. Sammartino and Magistrate Judge Bernard G. Skomal are assigned to the case.[ Case in Screening per 28 USC 1915 ] (skh) (Entered: 06/01/2016)
2016-05-31	2	MOTION for Leave to Proceed in forma pauperis by David Scott Harrison. (skh) (Entered: 06/01/2016)
2016-07-21	3	ORDER: (1) granting 2 Motion to Proceed in forma pauperis, and (2) Directing U.S. Marshal to Effect Service of Summons and Complaint Pursuant to 28 U.S.C. § 1915(d) and Fed. R. Civ. P. 4(c)(3). US Marshal shall effect service of complaint. The Secretary CDCR, or his designee, is ordered to collect from prison trust account the $350 balance of the filing fee owed in this case by collecting monthly payments from the trust account in an amount equal to 20% of the preceding month income credited to the account and forward payments to the Clerk of the Court each time the amount in the account exceeds $10 in accordance with 28 USC 1915(b)(2). (Order electronically transmitted to Secretary of CDCR). Signed by Judge Janis L. Sammartino on 7/21/2016. (All non-registered users served via U.S. Mail Service)(kcm) (Entered: 07/22/2016)
2016-07-22	4	Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons will be mailed to plaintiffs not receiving notice electronically. (Attachments: # 1 IFP Letter)(kcm) (Entered: 07/22/2016)
2016-09-16	5	SUMMONS Returned Executed by David Scott Harrison. Executive Office for United States Attorneys served. (nbp) (Entered: 09/20/2016)
2016-09-16	6	SUMMONS Returned Executed by David Scott Harrison. United States Attorneys Office served. (nbp) (Entered: 09/20/2016)
2016-09-16	7	SUMMONS Returned Executed by David Scott Harrison. U.S. Attorney General served. (nbp) Modified on 9/21/2016 to correct dkt text (nbp). (Entered: 09/20/2016)
2016-09-28	8	ANSWER to 1 Complaint, by Executive Office for United States Attorneys. (Attachments: # 1 Proof of Service)(Parker, Katherine)Attorney Katherine Lind Parker added to party Executive Office for United States Attorneys(pty:dft) (nbp) (Entered: 09/28/2016)
2016-10-28	9	Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion for Leave to Take Discovery from Defendant, from Plaintiff David Scott Harrison. Non-compliance with local rule(s), OTHER: L.R. 36.1(c) and Fed.R.Civ.P. 34(b) Requests for discovery, including requests for production, are not to be filed with the Court. Nunc Pro Tunc 10/17/2016. Signed by Magistrate Judge Bernard G. Skomal on 10/28/2016.(All non-registered users served via U.S. Mail Service)(kcm) (Entered: 10/31/2016)
2016-10-28	10	Motion for Leave to Take Discovery from Defendant by David Scott Harrison. (Filed Nunc Pro Tunc 10/17/2016) (kcm) (Entered: 10/31/2016)
2016-11-03	11	MOTION for Summary Judgment by Executive Office for United States Attorneys. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Katherine L. Parker, # 3 Proof of Service)(Parker, Katherine) (nbp) (Entered: 11/03/2016)
2016-11-14	12	ORDER Setting Briefing Schedule re 11 MOTION for Summary Judgment : It is ordered that Plaintiff David Scott Harrison's response, if any, is due on or before December 2, 2016. Defendant's reply is due on or before December 30, 2016. A hearing on Defendant's Motion for Summary Judgment is currently set for February 2, 2017 at 3:00 p.m. before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 11/14/2016.(All non-registered users served via U.S. Mail Service)(kcm) (Entered: 11/14/2016)
2016-11-16	13	ORDER denying 10 Motion for Leave to Take Discovery from Defendant. Plaintiff seeks leave to conduct discovery to obtain the records he believes he has been improperly denied under FOIA. Plaintiff is not entitled to this discovery at this stage of the case. Therefore, the Motion for Leave to Take Discovery is denied. Signed by Magistrate Judge Bernard G. Skomal on 11/16/2016. (All non-registered users served via U.S. Mail Service)(kcm) (Entered: 11/16/2016)
2016-11-18	14	RESPONSE in Opposition Motion for Summary Judgment (Doc. No. 11 ) filed by David Scott Harrison. (nbp) (Entered: 11/23/2016)
2016-12-29	15	REPLY to Response to Motion re 11 MOTION for Summary Judgment filed by Executive Office for United States Attorneys. (Attachments: # 1 Proof of Service)(Parker, Katherine) (kcm). (Entered: 12/29/2016)
2017-01-09	16	ORDER Vacating Hearing. The Court hereby vacates the hearing on the Motion, presently scheduled for February 2, 2017, and takes this matter under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). Motions Submitted: 11 MOTION for Summary Judgment. Signed by Judge Janis L. Sammartino on 1/9/2017.(All non-registered users served via U.S. Mail Service)(kcm) (Entered: 01/09/2017)
2017-01-09	17	Notice of Document Discrepancies and Order Thereon by Magistrate Judge Bernard G. Skomal Accepting Document: Motion for: (1) Order for Fee Waiver and (2) Order to San Quentin State Prison to Provide Telephone Access for Hearing of 2/2/2017 Hearing, from Plaintiff David Scott Harrison. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. Nunc Pro Tunc 1/3/2017. Signed by Magistrate Judge Bernard G. Skomal on 1/9/2017.(All non-registered users served via U.S. Mail Service)(kcm) (Entered: 01/10/2017)
2017-01-09	18	MOTION for: (1) Order for Fee Waiver and (2) Order to San Quentin State Prison to Provide Telephone Access for Hearing of 2/2/2017 Hearing by David Scott Harrison. (Filed Nunc Pro Tunc 1/3/2017) (kcm) (Entered: 01/10/2017)
2017-01-10	19	ORDER denying 18 Motion for Fee Waiver and Order for Prison to Provide Telephone Access to Plaintiff. Signed by Magistrate Judge Bernard G. Skomal on 1/10/2017. (All non-registered users served via U.S. Mail Service)(kcm) (Entered: 01/11/2017)
2017-03-30	20	ORDER Denying Defendant's 11 Motion for Summary Judgment. It is ordered that defendant shall file a renewed motion for summary judgment, if any, on or before thirty (30) days from the date on which this Order is electronically docketed. Signed by Judge Janis L. Sammartino on 3/30/2017. (All non-registered users served via U.S. Mail Service)(dxj) (Entered: 03/30/2017)
2017-04-28	21	MOTION for Summary Judgment (Renewed) by Executive Office for United States Attorneys. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Katherine L. Parker, # 3 Proof of Service)(Parker, Katherine) (nbp) (Entered: 04/28/2017)
2017-05-01	22	ORDER Setting Briefing Schedule re 21 MOTION for Summary Judgment (Renewed) . It is ordered that plaintiff shall file his response in opposition to defendant's motion on or before 6/2/2017. Defendant shall file a reply in support of its motion, if any, on or before 6/16/2017. A hearing on the matter is presently set for 6/22/2017 at 01:30 p.m. Signed by Judge Janis L. Sammartino on 5/1/2017.(All non-registered users served via U.S. Mail Service)(dxj) (Entered: 05/01/2017)
2017-05-11	23	RESPONSE in Opposition re 21 Renewed Motion for Summary Judgment, filed by David Scott Harrison. (rlu) (Entered: 05/12/2017)
2017-06-16	24	REPLY to Response to Motion re 21 MOTION for Summary Judgment (Renewed) filed by Executive Office for United States Attorneys. (Attachments: # 1 Proof of Service)(Parker, Katherine) (dsn). (Entered: 06/16/2017)
2017-06-19	25	ORDER Vacating Hearing re 21 MOTION for Summary Judgment (Renewed) . It is ordered that on its own motion the Court vacates the hearing on the matter, presently set for 6/22/2017, and takes the motion under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1).Signed by Judge Janis L. Sammartino on 6/19/2017.(All non-registered users served via U.S. Mail Service)(dxj) (Entered: 06/19/2017)
2017-07-06	26	ORDER Granting Defendant's 21 Renewed Motion for Summary Judgment. It is ordered that this Order ends the litigation in this matter. Signed by Judge Janis L. Sammartino on 7/6/2017. (All non-registered users served via U.S. Mail Service)(dxj) (Entered: 07/06/2017)
2017-07-06	27	CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that the Court grants Defendant's Renewed Motion for Summary Judgment (ECF No. 21). The Order (ECF No. 26) ends the litigation in this matter.(All non-registered users served via U.S. Mail Service)(dxj) (Entered: 07/06/2017)
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