Case Detail

FOIA Project Annotation: Judge Beryl Howell has ruled that although the Office of the Federal Defender for the Eastern District of California made five FOIA requests to the Department of State on behalf of Omar Ameen, who was fighting extradition proceedings, Ameen himself has standing to litigate on his behalf after his attorney-client relationship with the Federal Defender ended. After the agency refused to process the requests, arguing that Ameen did not have jurisdiction because he was not the proper party, Ameen filed suit in his own name. Howell noted that "an agency's duties under FOIA are triggered by a properly framed request for information, and the agency's obligations flowing from that request are with respect to 'the requester' of the information." State argued that the Federal Defender had not sufficiently indicated that it was representing Ameen for the purpose of obtaining documents under FOIA. However, Howell pointed out that "the release form attached to the request and signed by plaintiff explicitly states that he is the requester." She added that "these two requests, in light of the language of the requests themselves and in the attached releases, do explicitly state they were made on plaintiff's behalf." She observed that "moreover, the release forms expressly request the release of records, indicating in the broader context of the attorney-client relationship, that plaintiff was not just authorizing the release of records, but affirmatively requesting their release himself through counsel." In concluding, she rejected "defendants' proposed distinction between (1) cases in which counsel expressly states that counsel represents a client for purposes of the FOIA request and (2) cases in which counsel expressly states that counsel represents a client in another matter and makes the request within the scope of that representation. In either case, the FOIA request is made on behalf of the client, and the client has standing, after the attorney-client relationship with original counsel is over, to enforce FOIA statutory rights if the request is denied."
Issues: Litigation - Jurisdiction - Proper Party

Date Filed	Doc #	Docket Text
2021-05-21	1	COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE ( Filing fee $ 402 receipt number ADCDC-8471846) filed by OMAR AMEEN. (Attachments: # 1 Exhibit 1-10, # 2 Exhibit 11-20, # 3 Exhibit 21-30, # 4 Exhibit 31-33, # 5 Civil Cover Sheet, # 6 Summons)(Topic, Matthew) (Entered: 05/21/2021)
2021-05-21	2	NOTICE of Appearance by Matthew Topic on behalf of OMAR AMEEN (Topic, Matthew) (Entered: 05/21/2021)
2021-05-24		Case Assigned to Chief Judge Beryl A. Howell. (zsb) (Entered: 05/24/2021)
2021-05-24	3	SUMMONS (5) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 05/24/2021)
2021-05-24	4	STANDING ORDER. Signed by Chief Judge Beryl A. Howell on May 24, 2021. (lcbah4) (Entered: 05/24/2021)
2021-06-28	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 6/7/2021 (Topic, Matthew) (Entered: 06/28/2021)
2021-06-28	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 6/7/2021 (Topic, Matthew) (Entered: 06/28/2021)
2021-06-28	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 6/7/2021 (Topic, Matthew) (Entered: 06/28/2021)
2021-06-28	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/7/2021. Answer due for ALL FEDERAL DEFENDANTS by 7/7/2021. (Topic, Matthew) (Entered: 06/28/2021)
2021-06-28	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/07/2021. (Topic, Matthew) (Entered: 06/28/2021)
2021-07-07	10	NOTICE of Appearance by Michael A. Tilghman on behalf of FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE (Tilghman, Michael) (Entered: 07/07/2021)
2021-07-07	11	MOTION to Dismiss by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Tilghman, Michael) (Entered: 07/07/2021)
2021-07-21	12	Memorandum in opposition to re 11 MOTION to Dismiss filed by OMAR AMEEN. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Topic, Matthew) (Entered: 07/21/2021)
2021-07-28	13	REPLY to opposition to motion re 11 MOTION to Dismiss filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Tilghman, Michael) (Entered: 07/28/2021)
2021-09-13	14	MEMORANDUM OPINION AND ORDER DENYING defendants' 11 Motion to Dismiss. See Memorandum Opinion and Order for further details. Signed by Chief Judge Beryl A. Howell on September 13, 2021. (lcbah4) (Entered: 09/13/2021)
2021-09-13		Set/Reset Deadlines: Answer to the Complaint due by 9/27/2021. (ztg) (Entered: 09/13/2021)
2021-09-27	15	ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE.(Tilghman, Michael) (Entered: 09/27/2021)
2021-10-12	16	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Tilghman, Michael) (Entered: 10/12/2021)
2021-10-13		MINUTE ORDER (paperless) DIRECTING, in light of the parties' 16 Joint Status Report, the parties to submit, by December 12, 2021, a joint status report advising the Court of the status of this matter and proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on October 13, 2021. (lcbah4) (Entered: 10/13/2021)
2021-10-13		Set/Reset Deadlines: Joint Status Report due by 12/12/2021. (ztg) (Entered: 10/13/2021)
2021-12-10	17	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Tilghman, Michael) (Entered: 12/10/2021)
2021-12-13		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 17 Joint Status Report, the parties to submit a joint status report by February 8, 2022, with a proposed schedule to govern further proceedings in this matter. Signed by Chief Judge Beryl A. Howell on December 13, 2021. (lcbah4) (Entered: 12/13/2021)
2021-12-13		Set/Reset Deadlines: Joint Status Report due by 2/8/2022. (hmc) (Entered: 12/13/2021)
2022-02-08	18	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Tilghman, Michael) (Entered: 02/08/2022)
2022-02-09		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 18 Joint Status Report, the parties to submit a joint status report by April 8, 2022, with a proposed schedule to govern further proceedings in this matter. Signed by Chief Judge Beryl A. Howell on February 9, 2022. (lcbah4) (Entered: 02/09/2022)
2022-02-09		Set/Reset Deadlines: Joint Status Report due by 4/8/2022. (ztg) (Entered: 02/09/2022)
2022-04-05	19	NOTICE of Appearance by Joshua Loevy on behalf of OMAR AMEEN (Loevy, Joshua) (Entered: 04/05/2022)
2022-04-08	20	NOTICE of Appearance by Dedra Seibel Curteman on behalf of All Defendants (Curteman, Dedra) (Entered: 04/08/2022)
2022-04-08	21	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Curteman, Dedra) (Entered: 04/08/2022)
2022-04-08		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 21 Joint Status Report, the parties to submit a joint status report by June 7, 2022, with a proposed schedule to govern further proceedings in this matter. Signed by Chief Judge Beryl A. Howell on April 8, 2022. (lcbah4) (Entered: 04/08/2022)
2022-04-11		Set/Reset Deadlines: Joint Status Report due by 6/7/2022. (ztg) (Entered: 04/11/2022)
2022-06-07	22	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Curteman, Dedra) (Entered: 06/07/2022)
2022-06-08		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 22 Joint Status Report, the parties to file, by September 6, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on June 8, 2022. (lcbah4) (Entered: 06/08/2022)
2022-06-09		Set/Reset Deadlines: Joint Status Report due by 9/6/2022. (ztg) (Entered: 06/09/2022)
2022-07-05	23	NOTICE OF WITHDRAWAL OF APPEARANCE as to FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. Attorney Dedra Seibel Curteman terminated. (Curteman, Dedra) (Entered: 07/05/2022)
2022-09-02	24	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Tilghman, Michael) (Entered: 09/02/2022)
2022-09-02		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 24 Joint Status Report, the parties to file, by October 31, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on September 2, 2022. (lcbah4) (Entered: 09/02/2022)
2022-09-06		Set/Reset Deadlines: Joint Status Report due by 10/31/2022. (ztg) (Entered: 09/06/2022)
2022-10-31	25	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Quinn, Thomas) (Entered: 10/31/2022)
2022-10-31		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 25 Joint Status Report, the parties to file, by January 30, 2023, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on October 31, 2022. (lcbah4) (Entered: 10/31/2022)
2022-11-01		Set/Reset Deadlines: Joint Status Report due by 1/30/2023. (ztg) (Entered: 11/01/2022)
2023-01-31	26	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Quinn, Thomas) (Entered: 01/31/2023)
2023-01-31		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 26 Joint Status Report, the parties to submit, by April 28, 2023, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on January 31, 2023. (lcbah4) (Entered: 01/31/2023)
2023-02-01		Set/Reset Deadlines: Joint Status Report due by 4/28/2023. (ztg) (Entered: 02/01/2023)
2023-02-21	27	NOTICE of Appearance by Merrick Jason Wayne on behalf of OMAR AMEEN (Wayne, Merrick) (Entered: 02/21/2023)
2023-02-22		RESOLVED...NOTICE of Provisional/Government Not Certified Status re NOTICE of Appearance by Merrick Jason Wayne on behalf of BUZZFEED INC., JASON LEOPOLD (Wayne, Merrick), Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 3/1/2023. (zbaj) Modified on 2/23/2023 (znmw). Modified on 3/2/2023 (zbaj). (Entered: 02/22/2023)
2023-04-28	28	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Quinn, Thomas) (Entered: 04/28/2023)
2023-05-02		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 28 Joint Status Report, the parties to file, by July 28, 2023, another joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on May 2, 2023. (lcbah4) (Entered: 05/02/2023)
2023-05-03		Set/Reset Deadlines: Joint Status Report due by 7/28/2023. (ztg) (Entered: 05/03/2023)
2023-07-25	29	NOTICE OF SUBSTITUTION OF COUNSEL by Jeremy S. Simon on behalf of All Defendants Substituting for attorney Michael A. Tilghman, II (Simon, Jeremy) (Entered: 07/25/2023)
2023-07-27	30	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE. (Simon, Jeremy) (Entered: 07/27/2023)
2023-07-27		MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 30 Joint Status Report, the parties to file, by October 28, 2023, another joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on July 27, 2023. (lcbah4) (Entered: 07/27/2023)
2023-07-28		Set/Reset Deadlines: Joint Status Report due by 10/28/2023. (ztg) (Entered: 07/28/2023)
2023-09-06	31	STIPULATION of Dismissal by OMAR AMEEN. (Wayne, Merrick) (Entered: 09/06/2023)
2023-09-07		MINUTE ORDER (paperless) DISMISSING this matter, with prejudice, pursuant to plaintiff's 31 Stipulation of Voluntary Dismissal and Federal Rule of Civil Procedure 41(a)(1)(A)(i). The Clerk of the Court is directed to close this case. Signed by Judge Beryl A. Howell on September 7, 2023. (lcbah4) (Entered: 09/07/2023)
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