Case Detail

FOIA Project Annotation: Judge John Bates has ruled that EOUSA properly referred Bobby Richardson's FOIA request pertaining to his arrest by the Petersburg, VA police for selling heroin to the Bureau of Alcohol, Tobacco and Firearms. EOUSA referred 36 pages to ATF, which disclosed them with redactions under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Richardson did not challenge the adequacy of the search or the exemption claims, but instead argued that the Petersburg police had falsified the documents in the first place. Bates accepted the agency's affidavit explaining its search and its exemption claims. Turning to Richardson's allegations of bad faith, Bates noted that "here, Richardson has failed to present 'compelling evidence' that ATF is engaged in misconduct. He primarily asserts that records were fraudulently created by the Petersburg Police Department in the course of the investigation and prosecution of his criminal case. . .[T]he allegations against the Petersburg Police Department are unrelated to the question of whether ATF â€" the withholding agency here â€" is engaged in illegal activity. Richardson has not offered any reason to believe ATF or local law enforcement mishandled discovery in his criminal case, 'and under circuit law a bald accusation to that effect does not persuade.'"
Issues: Adequacy - Search, Litigation - Sanctions - Bad faith

Date Filed	Doc #	Docket Text
2017-06-12		Initiating Pleading & IFP Application Received on 6/12/17. (sth) (Entered: 06/19/2017)
2017-06-12	1	COMPLAINT against EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS FREEDOM OF INFORMATION/PRIVACY STAFF, UNITED STATES DEPARTMENT OF JUSTICE filed by BOBBY RICHARDSON. (Attachments: # 1 List of Exhibits, # 2 Exhibit)(sth) (Entered: 06/19/2017)
2017-06-12	2	MOTION for Leave to Proceed in forma pauperis by BOBBY RICHARDSON (sth) (Entered: 06/19/2017)
2017-06-12	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by BOBBY RICHARDSON (sth) (Entered: 06/19/2017)
2017-06-23	4	ORDER directing an initial partial filing fee in the amount of $41.00 from Prison Account of Bobby Richardson and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge Tanya S. Chutkan on 6/23/17. (sth) (Entered: 06/28/2017)
2017-06-28		Case Reassigned to Judge John D. Bates. Unassigned no longer assigned to the case. (sth) (Entered: 06/28/2017)
2017-07-28	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/25/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 8/24/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 7/26/2017 (td) (Entered: 08/01/2017)
2017-08-01	6	NOTICE of Appearance by Rhonda Lisa Campbell on behalf of EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS FREEDOM OF INFORMATION/PRIVACY STAFF, UNITED STATES DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 08/01/2017)
2017-08-10	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS FREEDOM OF INFORMATION/PRIVACY STAFF served on 8/8/17 (td) (Entered: 08/10/2017)
2017-08-10	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS FREEDOM OF INFORMATION/PRIVACY STAFF served on 8/8/2017 (zrdj) (Entered: 08/11/2017)
2017-08-11	9	MOTION for Extension of Time to File Answer re 1 Complaint by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS FREEDOM OF INFORMATION/PRIVACY STAFF, UNITED STATES DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 08/11/2017)
2017-08-11	10	CERTIFICATE OF SERVICE by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS FREEDOM OF INFORMATION/PRIVACY STAFF, UNITED STATES DEPARTMENT OF JUSTICE re 9 MOTION for Extension of Time to File Answer re 1 Complaint . (Campbell, Rhonda) (Entered: 08/11/2017)
2017-08-31		MINUTE ORDER granting 9 defendants' Motion for an Extension of Time to September 25, 2017, to respond to the complaint. SO ORDERED. Signed by Judge John D. Bates on 8/31/17.(ah) (Entered: 08/31/2017)
2017-08-31		Set/Reset Deadlines: Defendants' response to the complaint is now due by 9/25/2017. (jth) (Entered: 08/31/2017)
2017-09-25	11	ANSWER to 1 Complaint by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS FREEDOM OF INFORMATION/PRIVACY STAFF, UNITED STATES DEPARTMENT OF JUSTICE.(Campbell, Rhonda) (Entered: 09/25/2017)
2017-09-25	12	MOTION for Scheduling Order for Briefing by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS FREEDOM OF INFORMATION/PRIVACY STAFF, UNITED STATES DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 09/25/2017)
2017-09-27		MINUTE ORDER: It is ORDERED that 12 Defendants' Motion for a Briefing Schedule is GRANTED. The parties shall adhere to the following deadlines. Defendants' motion for summary judgment is due on or before November 3, 2017; Plaintiff's opposition is due on or before December 8, 2017; Defendants' Reply is due on or before December 20, 2017. SO ORDERED. Signed by Judge John D. Bates on 9/27/17.(ah) (Entered: 09/27/2017)
2017-09-27		Set/Reset Deadlines: Summary Judgment motion due by 11/3/2017. Response to Motion for Summary Judgment due by 12/8/2017. Reply to Motion for Summary Judgment due by 12/20/2017. (tb) (Entered: 09/27/2017)
2017-10-03	13	LEAVE TO FILE DENIED- Plaintiff's Request for Admission "Leave to file DENIED. Discovery materials do not get filed with the court L.Cv.R. 5.2" This document is unavailable as the Court denied its filing.. Signed by Judge John D. Bates on 10/3/17. (td) (Entered: 10/04/2017)
2017-10-16	14	RULE 26 STATEMENT by Plaintiff Bobby Richardson (td) (Main Document 14 replaced on 10/19/2017) (ztd). (Additional attachment(s) added on 10/19/2017: # 1 Exhibit A, # 2 Exhibit B) (ztd). (Entered: 10/18/2017)
2017-11-03	15	MOTION for Summary Judgment by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS FREEDOM OF INFORMATION/PRIVACY STAFF, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration ATF Chisholm Declaration with Exhibits, # 4 Declaration USAO-EDVA Helms Declaration, # 5 Declaration EOUSA Jolly Declaration with Exhibits, # 6 Exhibit ATF Vaughn Index)(Campbell, Rhonda) (Entered: 11/03/2017)
2017-11-03	16	MOTION for Order to take depositions by written questions by BOBBY RICHARDSON; "Let this be filed as a Motion to take depositions by written questions" by Judge John D. Bates (td) (Entered: 11/06/2017)
2017-11-06	17	ORDER denying 16 plaintiff's construed motion for an order compelling discovery and staying all discovery; informing plaintiff of his obligation to respond to defendants' motion for summary judgment by the December 8, 2017 deadline set in the previously issued scheduling order (see written order for details). Signed by Judge John D. Bates on 11/6/17.(ah) (Entered: 11/06/2017)
2017-12-11	18	Memorandum in opposition to re 15 MOTION for Summary Judgment filed by BOBBY RICHARDSON. (Attachments: # 1 Exhibit A-O)(td) (Entered: 12/12/2017)
2017-12-19	19	MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Summary Judgment by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS FREEDOM OF INFORMATION/PRIVACY STAFF, UNITED STATES DEPARTMENT OF JUSTICE (Campbell, Rhonda) (Entered: 12/19/2017)
2017-12-19		MINUTE ORDER granting 19 Defendants' Motion for an Extension of Time to January 17, 2018, to File Reply. SO ORDERED. Signed by Judge John D. Bates on 12/19/17.(ah) (Entered: 12/19/2017)
2017-12-20		Set/Reset Deadlines: Reply due by 1/17/2018. (tb) (Entered: 12/20/2017)
2018-01-17	20	REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS FREEDOM OF INFORMATION/PRIVACY STAFF, UNITED STATES DEPARTMENT OF JUSTICE. (Campbell, Rhonda) (Entered: 01/17/2018)
2018-02-12	21	MOTION for Order Compelling the E.O.U.S.A., et al., to Surrender Report Number 1 of Investigation Number 768030-09-0011 by BOBBY RICHARDSON (td) (Entered: 02/15/2018)
2018-03-12	22	MOTION for Briefing Schedule by BOBBY RICHARDSON (td) (Entered: 03/14/2018)
2018-03-23		MINUTE ORDER: The Court DENIES the Plaintiff's Motion to Compel 21 in light of the pending Motion for Summary Judgment, which addresses the same issues. Given the denial of Plaintiff's Motion to Compel, Plaintiff's Motion for Briefing Schedule 22 is DENIED as moot. Signed by Judge John D. Bates on 3/23/2018. (dm) (Entered: 03/23/2018)
2018-05-17	23	SURREPLY (Amendment to Plaintiff's Response to Defendant's Reply in Support of its Motion for Summary Judgment) to re 15 MOTION for Summary Judgment filed by BOBBY RICHARDSON; ("Let this be filed" signed 5/17/18 by Judge John D. Bates (ztd) (Entered: 05/17/2018)
2018-09-27	24	MEMORANDUM OPINION granting 15 defendants' motion for summary judgment; denying plaintiff's requests for in camera inspection and leave to take depositions. Signed by Judge John D. Bates on 9/27/2018. (dm) (Entered: 09/27/2018)
2018-09-27	25	ORDER granting 15 defendants' motion for summary judgment; denying plaintiff's requests for in camera inspection and leave to take depositions. Signed by Judge John D. Bates on 9/27/2018. (dm) (Entered: 09/27/2018)
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