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Case TitleCochran v. Department of Homeland Security (DHS)
DistrictDistrict of Maryland
CityBaltimore
Case Number1:2018cv00201
Date Filed2018-01-22
Date Closed2019-03-05
JudgeJudge Ellen L. Hollander
PlaintiffTerry Cochran
Case DescriptionTerry Cochran, a federal employee, submitted a FOIA request to the Federal Emergency Management Agency for records concerning his security clearance. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Cochran filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantDepartment of Homeland Security (DHS) Federal Emergency Management Agency (FEMA)
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [28]
Opinion/Order [31]
FOIA Project Annotation: A federal court in Maryland has issued two separate decisions in resolving FOIA litigation brought by former FEMA FOIA Officer Terry Cochran, challenging whether the agency conducted an adequate search for Cochran's security clearance and medical leave records. In response to Cochran's FOIA request for records pertaining to her security clearance, the agency disclosed 37 pages. The agency disclosed 96 pages in response to her request for records related to her family and medical leave. Cochran challenged the agency's search in both instances, arguing that the agency had failed to produce certain records that should exist. Cochran claimed she had not received any records indicating that her security clearance had been closed. The agency explained that when an employee resigns, his or her security clearance is not closed but deactivated so the agency had no records showing that Cochran's security clearance had been closed. The court pointed out that "plaintiff has failed to demonstrate that the documentation she seeks actually exists. She provided no support for her assertion that FEMC 'must' have the document in its possession." Turning to her request for medical leave records, Cochran claimed the agency had failed to provide records of treatment she had received as well as an EEO complaint. But the court found that Cochran's allegations of existing records did not undercut the adequacy of the agency's search. The court noted that "in light of the FOIA procedure and production outlined in the [agency's declaration] the record amply demonstrates that FEMA has met its FOIA obligations here."
Issues: Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-01-221COMPLAINT against Department of Homeland Security (DHS) ( Filing fee $ 400 receipt number 84637031464.), filed by Terry Cochran. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet, # 4 Proposed Summons)(jf3s, Deputy Clerk) (Entered: 01/24/2018)
2018-01-312ORDER directing Clerk to prepare and issue summons and to return summons to Plaintiff. Signed by Judge Ellen L. Hollander on 1/31/2018. (c/m 1/31/18 bmhs, Deputy Clerk) (Entered: 01/31/2018)
2018-01-313Summons Issued 60 days as to Department of Homeland Security (DHS). (c/m 1/31/18 bmhs, Deputy Clerk) (Entered: 01/31/2018)
2018-02-054SUMMONS Returned Executed by Terry Cochran. Department of Homeland Security (DHS) served on 2/3/2018, answer due 4/4/2018.(bmhs, Deputy Clerk) (Entered: 02/07/2018)
2018-02-265MOTION for Extension of Time to Respond to Complaints by Department of Homeland Security (DHS) (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:18-cv-00200-ELH, 1:18-cv-00201-ELH, 1:18-cv-00202-ELH(Cusson, Evelyn) (Entered: 02/26/2018)
2018-02-266ORDER GRANTING 5 Motion for Extension of Time to Respond to the Complaint on or before 4/4/2018. Signed by Judge Ellen L. Hollander on 2/26/2018. (c/m) (hmls, Deputy Clerk) (Entered: 02/27/2018)
2018-04-047MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss or in the Alternative for Summary Judgment by Department of Homeland Security (DHS) (Attachments: # 1 Memorandum of Law, # 2 Index of Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Text of Proposed Order)(Cusson, Evelyn) (Entered: 04/04/2018)
2018-04-048Correspondence Correcting Earlier Submission: 7 Motion to Dismiss for Failure to State a Claim,,, Substiting Exhibit 5 for Corrected Exhibit 5 (Attachments: # 1 Exhibit 5)(Cusson, Evelyn) (Entered: 04/04/2018)
2018-04-059Rule 12/56 letter mailed to Terry Cochran (c/m 4/5/18 bmhs, Deputy Clerk) (Entered: 04/05/2018)
2018-04-2010NOTICE of Appearance by Mark G Chalpin on behalf of Terry Cochran (Chalpin, Mark) (Entered: 04/20/2018)
2018-04-2011Consent MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss or in the Alternative for Summary Judgment by Terry Cochran (Attachments: # 1 Text of Proposed Order)(Chalpin, Mark) (Entered: 04/20/2018)
2018-04-2012ORDER granting 11 Plaintiff's Consent Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 4/20/2018. (bmhs, Deputy Clerk) (Entered: 04/20/2018)
2018-05-0713Consent MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by Terry Cochran (Attachments: # 1 Text of Proposed Order)(Chalpin, Mark) (Entered: 05/07/2018)
2018-05-0814ORDER granting 13 Consent Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 5/8/2018. (bmhs, Deputy Clerk) (Entered: 05/08/2018)
2018-05-2515Consent MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by Terry Cochran (Attachments: # 1 Text of Proposed Order)(Chalpin, Mark) (Entered: 05/25/2018)
2018-05-2516ORDER granting 15 Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 5/25/2018. (bmhs, Deputy Clerk) (Entered: 05/25/2018)
2018-06-1817RESPONSE to Motion re 7 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss or in the Alternative for Summary Judgment filed by Terry Cochran. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(Chalpin, Mark) (Entered: 06/18/2018)
2018-07-0218Consent MOTION for Extension of Time to File Response/Reply as to 17 Response to Motion, by Department of Homeland Security (DHS). (Attachments: # 1 Text of Proposed Order)(Cusson, Evelyn) (Entered: 07/02/2018)
2018-07-0219ORDER granting 18 Consent Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 7/2/2018. (bmhs, Deputy Clerk) (Entered: 07/02/2018)
2018-07-1320Consent MOTION for Extension of Time to File Reply Memorandum by Department of Homeland Security (DHS) (Attachments: # 1 Text of Proposed Order)(Cusson, Evelyn) (Entered: 07/13/2018)
2018-07-1621ORDER granting 20 Second Consent Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 7/16/2018. (bmhs, Deputy Clerk) (Entered: 07/17/2018)
2018-07-2322REPLY to Response to Motion re 7 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss or in the Alternative for Summary Judgment filed by Department of Homeland Security (DHS). (Attachments: # 1 Index of Exhibits, # 2 Exhibit A)(Cusson, Evelyn) (Entered: 07/23/2018)
2018-07-2423Supplemental to 22 Reply to Response to Motion, filed by Department of Homeland Security (DHS) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Cusson, Evelyn) (Entered: 07/24/2018)
2018-07-3124Supplemental to 17 Response to Motion, filed by Terry Cochran , Request for Hearing (Chalpin, Mark) (Entered: 07/31/2018)
2018-08-1825Consent MOTION to Withdraw as Attorney by Terry Cochran (Attachments: # 1 Text of Proposed Order)(Chalpin, Mark) (Entered: 08/18/2018)
2018-08-2026ORDER granting 25 Motion to Withdraw as Attorney. Attorney Mark G Chalpin terminated. Signed by Judge Ellen L. Hollander on 8/20/2018. (c/m 8/20/18 bmhs, Deputy Clerk) (Entered: 08/20/2018)
2018-08-2027Correspondence to Terry Cochran: Local Rule 101.2.(c/m 8/20/18 bmhs, Deputy Clerk) (Entered: 08/20/2018)
2019-03-0528MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 3/5/2019. (c/m 3/5/19 bmhs, Deputy Clerk) (Entered: 03/05/2019)
2019-03-0529ORDER granting 7 Defendant's Motion for Summary Judgment; entering judgment in favor of Defendant; and directing Clerk to close the case. Signed by Judge Ellen L. Hollander on 3/5/2019. (c/m 3/5/19 bmhs, Deputy Clerk) (Entered: 03/05/2019)
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by FOIA Project Staff
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