Case Detail

FOIA Project Annotation: Judge Amy Berman Jackson has ruled the Department of Justice conducted an adequate search for records concerning Harris Ballow's 2011 extradition from Mexico to face criminal charges in the United States and that the agency properly withheld all 84 responsive records under Exemption 5 (privileges), Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption 7(D) (confidential sources). The agency construed Ballow's request as being for records from the U.S. Attorney's Office for the Southern District of Texas regarding his extradition from Mexico. EOUSA referred the records to the Criminal Division, which withheld all responsive records. Ballow challenged the adequacy of the agency's search. Berman Jackson agreed that the agency's search was sufficient, noting that "defendant referred plaintiff's FOIA request to the USAO/SDTX, the office which prosecuted the criminal case against plaintiff and the place where responsive records likely would be located. A search of USAO/SDTX recordkeeping databases using variations of plaintiff's name and criminal case number as search terms yielded ten boxes of potentially responsive records, and a physical search of these paper records yielded information pertaining to plaintiff's extradition from Mexico." Ballow questioned whether Mexican authorities qualified as confidential sources under Exemption 7(D). Berman Jackson pointed out that "a foreign government entity may be a 'confidential source' for purposes of Exemption 7(D) and the information it provides may be protected." She noted that "defendant adequately demonstrates that a Mexican government source provided information to the Criminal Division about plaintiff's extradition, and that it is reasonable to infer that the source did so under an implied assurance of confidentiality. . ."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2020-01-21		Initiating Pleading & IFP Application Received on 1/21/2020. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zmd) (Entered: 01/31/2020)
2020-01-21	1	COMPLAINT against EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, UNITED STATES DEPARTMENT OF JUSTICE with Jury Demand filed by HARRIS BALLOW. (zmd) (Entered: 01/31/2020)
2020-01-21	2	MOTION for Leave to Proceed in forma pauperis by HARRIS BALLOW. (zmd) (Entered: 01/31/2020)
2020-01-21	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by HARRIS BALLOW. (zmd) (Entered: 01/31/2020)
2020-03-09	4	ORDER directing an initial partial filing fee in the amount of $94.64 from Prison Account of HARRIS BALLOW and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Pro Se party has been notified by first class mail. Signed by Judge Trevor N. McFadden on 3/5/2020. (adh, ) (Entered: 03/11/2020)
2020-03-11		Case Assigned to Judge Amy Berman Jackson. (adh, ) (Entered: 03/11/2020)
2020-03-11	5	SUMMONS (4) Issued as to EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (adh, ) (Entered: 03/11/2020)
2020-03-16	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS served on 3/16/2020; UNITED STATES DEPARTMENT OF JUSTICE served on 3/16/2020, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/16/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/16/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 4/15/2020.) (zjf) (Entered: 03/17/2020)
2020-03-23	7	NOTICE of Appearance by Kenneth A. Adebonojo on behalf of All Defendants (Adebonojo, Kenneth) (Entered: 03/23/2020)
2020-04-14		Partial Filing Fee Received from HARRIS BALLOW in the amount of $40.00, receipt number: 4616102894. (zrdj) (Entered: 04/15/2020)
2020-04-15	8	MOTION for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, UNITED STATES DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 04/15/2020)
2020-04-15		MINUTE ORDER: It is hereby ordered that Defendants' 8 Motion for Extension of Time is GRANTED, and the Answer or other response to the Complaint is due by May 15, 2020. Signed by Judge Amy Berman Jackson on 4/15/20. (ms) (Entered: 04/15/2020)
2020-04-16		Set/Reset Deadlines: Defendants' Answer or other Response to the Complaint is due by 5/15/2020. (jth) (Entered: 04/16/2020)
2020-05-14	9	MOTION for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, UNITED STATES DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 05/14/2020)
2020-05-15		MINUTE ORDER: For good cause shown, it is hereby ordered that Defendant's 9 Motion for Extension of Time is granted. Its response to the complaint is due by June 16, 2020. Signed by Judge Amy Berman Jackson on 5/15/20. (ms) (Entered: 05/15/2020)
2020-05-15		Set/Reset Deadline: Defendant's Response to the Complaint is due by 6/16/2020.(jth) (Entered: 05/15/2020)
2020-05-15		Partial Filing Fee Received from HARRIS BALLOW in the amount of $52.00, receipt number: 4616103096. (zsb) (Entered: 05/21/2020)
2020-05-15		Partial Filing Fee Received from HARRIS BALLOW in the amount of $52.00, receipt number: 4616103097. (zsb) (Entered: 05/21/2020)
2020-06-01	10	MOTION to Appoint Counsel by HARRIS BALLOW (zjf) (Entered: 06/05/2020)
2020-06-05		MINUTE ORDER It is hereby ORDERED that Plaintiff's motion for appointment of counsel 10 is DENIED WITHOUT PREJUDICE. Given the impact of the COVID-19 situation, the Court will entertain motions for extensions of time as appropriate to compensate for Plaintiff's inability to access legal materials or the law library at USP Terre Haute. It is FURTHER ORDERED that, because the Court has not directed the parties to conduct discovery in this FOIA action, Defendant is not required to respond to Plaintiff's Requests for Admissions (ECF No. 10 at 4-8). Signed by Judge Amy Berman Jackson on 6/5/20. (ms): (Entered: 06/05/2020)
2020-06-16	11	MOTION for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, UNITED STATES DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 06/16/2020)
2020-06-17		MINUTE ORDER granting 11 Motion for Extension of Time. It is ORDERED that defendants shall file their answer or other response to the complaint by July 10, 2020. Signed by Judge Amy Berman Jackson on 6/17/20. (DMK) (Entered: 06/17/2020)
2020-06-18	12	MOTION for Reconsideration re 06/05/2020 MINUTE ORDER on Motion to Appoint Counsel,, by HARRIS BALLOW (zjf) (Entered: 06/18/2020)
2020-07-10	13	ANSWER to 1 Complaint by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, UNITED STATES DEPARTMENT OF JUSTICE.(Adebonojo, Kenneth) (Entered: 07/10/2020)
2020-07-10		MINUTE ORDER: It is hereby ORDERED that plaintiff's motion reconsideration of the Court's June 5, 2020 Minute Order 12 is DENIED. Regardless of whether a request for admissions under Federal Rule of Civil Procedure 36 is a discovery device, the admissions plaintiff seeks do not pertain to plaintiff's Freedom of Information Act claim and defendant's response to it. Signed by Judge Amy Berman Jackson on 7/10/20. (ms) (Entered: 07/10/2020)
2020-07-10		MINUTE ORDER: Before the Court are this incarcerated plaintiff's pro se complaint and Defendant's answer. Defendant represents that the Criminal Division, a component of the U.S. Department of Justice, responded to plaintiff's FOIA request on July 9, 2020. It is hereby ORDERED that, by August 10, 2020, defendant shall file a dispositive motion. Signed by Judge Amy Berman Jackson on 7/10/20. (ms) (Entered: 07/10/2020)
2020-07-10		Set/Reset Deadlines: Defendant shall file a dispositive motion by 8/10/2020. (jth) (Entered: 07/10/2020)
2020-07-21		Partial Filing Fee Received from HARRIS BALLOW in the amount of $75.00, receipt number: 4616103606. (zrdj) (Entered: 08/03/2020)
2020-08-10	14	MOTION for Extension of Time to File Defendants' Dispositive Motion by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, UNITED STATES DEPARTMENT OF JUSTICE (Adebonojo, Kenneth) (Entered: 08/10/2020)
2020-08-13		MINUTE ORDER granting 14 Motion for Extension of Time. It is ORDERED that defendants shall file their dispositive motion no later than September 10, 2020. Signed by Judge Amy Berman Jackson on 8/13/20. (DMK) (Entered: 08/13/2020)
2020-08-14		Partial Filing Fee Received from HARRIS BALLOW in the amount of $20.00, receipt number: 4616103892. (zrdj) (Entered: 08/19/2020)
2020-09-10	15	MOTION for Summary Judgment by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Aubrey Finney, # 4 Declaration of Courtney O'Keefe)(Adebonojo, Kenneth) (Entered: 09/10/2020)
2020-09-11		Partial Filing Fee Received from HARRIS BALLOW in the amount of $15.33, receipt number: 4616104085. (zrdj) (Entered: 09/14/2020)
2020-09-14	16	Order advising plaintiff to respond by 10/15/2020 to 15 defendants' motion for Summary Judgment. Signed by Judge Amy Berman Jackson on 9/10/20. (psu2) (Entered: 09/14/2020)
2020-10-14		Partial Filing Fee Received from HARRIS BALLOW in the amount of $35.80, receipt number: 4616104367. (zrdj) (Entered: 10/15/2020)
2021-05-05	17	MEMORANDUM AND OPINION. Signed by Judge Amy Berman Jackson on 5/4/21. (psu2) (Entered: 05/05/2021)
2021-05-05	18	ORDER granting 15 defendants' Motion for Summary Judgment. This is a final appealable Order. Signed by Judge Amy Berman Jackson on 5/4/21. (psu2) (Entered: 05/05/2021)
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