Skip to content

Case Detail

[Subscribe to updates]
Case TitleCochran v. Department of Homeland Security (DHS)
DistrictDistrict of Maryland
CityBaltimore
Case Number1:2018cv00202
Date Filed2018-01-22
Date Closed2019-03-11
JudgeJudge Ellen L. Hollander
PlaintiffTerry Cochran
Case DescriptionTerry Cochran, a federal employee, submitted a FOIA request to the Federal Emergency Management Agency for his family and medical leave records. 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 [27]
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 FEMA '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 84637031461.), 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 Complaints. Signed by Judge Ellen L. Hollander on 2/26/2018. (kw2s, Deputy Clerk)(c/m 2.27.18) (Entered: 02/27/2018)
2018-04-047MOTION 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 Exhibit 6, # 9 Text of Proposed Order)(Cusson, Evelyn) (Entered: 04/04/2018)
2018-04-058Rule 12/56 letter mailed to Terry Cochran. (c/m 4/5/18 bmhs, Deputy Clerk) (Entered: 04/05/2018)
2018-04-209NOTICE of Appearance by Mark G Chalpin on behalf of Terry Cochran (Chalpin, Mark) (Entered: 04/20/2018)
2018-04-2010Consent MOTION for Extension of Time to File Response/Reply by Terry Cochran (Attachments: # 1 Text of Proposed Order)(Chalpin, Mark) (Entered: 04/20/2018)
2018-04-2011ORDER granting 10 Consent Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 4/20/2018. (bmhs, Deputy Clerk) (Entered: 04/23/2018)
2018-05-0712Consent 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)
2018-05-0713ORDER granting 12 Consent Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 5/7/2018. (bmhs, Deputy Clerk) (Entered: 05/08/2018)
2018-05-2514Consent MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Dismiss or in the Alternative for Summary Judgment by Terry Cochran (Attachments: # 1 Text of Proposed Order)(Chalpin, Mark) (Entered: 05/25/2018)
2018-05-2515ORDER granting 14 Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 5/25/2018. (bmhs, Deputy Clerk) (Entered: 05/25/2018)
2018-06-1816RESPONSE in Opposition re 7 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)
2018-07-0217Consent MOTION for Extension of Time to File Response/Reply as to 16 Response in Opposition to Motion by Department of Homeland Security (DHS). (Attachments: # 1 Text of Proposed Order)(Cusson, Evelyn) (Entered: 07/02/2018)
2018-07-0218ORDER granting 17 Consent Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 7/2/2018. (bmhs, Deputy Clerk) (Entered: 07/02/2018)
2018-07-1319Consent 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)
2018-07-1620ORDER granting 19 Consent Motion for Extension of Time to File Reply Memorandum. Signed by Judge Ellen L. Hollander on 7/16/2018. (bmhs, Deputy Clerk) (Entered: 07/16/2018)
2018-07-2321REPLY to Response to Motion re 7 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)
2018-07-2422Supplemental to 21 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)(Cusson, Evelyn) (Entered: 07/24/2018)
2018-07-3123Supplemental to Response to Motion to Dismiss , Request for Hearing (Chalpin, Mark) (Entered: 07/31/2018)
2018-08-1824Consent MOTION to Withdraw as Attorney by Terry Cochran (Attachments: # 1 Text of Proposed Order)(Chalpin, Mark) (Entered: 08/18/2018)
2018-08-2025ORDER granting 24 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)
2018-08-2026Correspondence to Terry Cochran re: Local Rule 101.2.(c/m 8/20/18 bmhs, Deputy Clerk) (Entered: 08/20/2018)
2019-03-1127MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 3/11/2019. (c/m 3/12/19 bmhs, Deputy Clerk) (Entered: 03/12/2019)
2019-03-1128ORDER granting 7 Defendant's Motion for Summary Judgment; and entering judgment in favor of Defendant. Signed by Judge Ellen L. Hollander on 3/11/2019. (c/m 3/12/19 bmhs, Deputy Clerk) (Entered: 03/12/2019)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar