Case Detail

FOIA Project Annotation: A federal court in New York has ruled that Gilbert Roman failed to exhaust administrative remedies when he requested records from the CIA on the Arc of the Covenant, the Stargate Collection, and David Morehouse. The CIA asked the court to dismiss Roman's suit for lack of subject matter jurisdiction, but the court indicated that "this Court agrees with the numerous district courts in this Circuit that have concluded that a failure to exhaust an administrative claim under FOIA does not deprive the district court of subject matter jurisdiction, but rather is a prudential doctrine that should be addressed either on a Rule 12(b)(6) motion to dismiss or a motion for summary judgment." However, the court agreed with the agency that Roman's request lacked sufficient specificity. The court observed that "because plaintiff has submitted an 'extremely broad' and 'vague' request that failed to comply with the CIA's FOIA guidelines requiring requests to be 'described sufficiently' so that an agency employee 'may locate documents with reasonable effort,' plaintiff has failed to exhaust his administrative remedies and summary judgment must be granted to defendant."
Issues: Litigation - Jurisdiction - Failure to Exhaust

Date Filed	Doc #	Docket Text
2011-12-02	1	COMPLAINT against CIA Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Gilbert Roman. (Attachments: # 1 Civil Cover Sheet) (McMahon, Carol) (Entered: 12/07/2011)
2011-12-02		FILING FEE: $ 350.00, receipt number 8144 (McMahon, Carol) (Entered: 12/07/2011)
2011-12-07		Case Ineligible for Arbitration (Bollbach, Jean) (Entered: 12/07/2011)
2011-12-08	2	Notice of Related Case (McMahon, Carol) (Entered: 12/08/2011)
2011-12-14	3	Letter dtd. 12/14/11 from pro se paralegal to plaintiff RE: this will acknowledge receipt of your civil complaint. (Bollbach, Jean) (Entered: 12/14/2011)
2011-12-21	4	ORDER: SO ORDERED that if service is not made upon deft by April 2, 20 12, or plaintiff fails to show good cause why such service has not been effected, this action will be dismissed without prejudice. Plaintiff is to provide a copy of this Order to deft along with the summons and complaint. Plaintiff is required to advise the Clerk of Court of any change of address. Failure to keep the Court informed of plaintiff's current address means the Court will not know where to contact plaintiff and may result in dismissal of the case. CM by chambers. Ordered by Judge Joseph F. Bianco on 12/21/2011. (Florio, Lisa) (Entered: 12/28/2011)
2012-01-11	5	Letter dtd. 1/8/12 from plaintiff to Court - have not been sent copies of complaint with court seal or docket if service finished please forward copies (Bollbach, Jean) (Entered: 01/26/2012)
2012-01-20	6	Letter dtd. 1/20/12 from pro se office to plaintiff RE: in response to your letter dtd. 1/8/12 (Bollbach, Jean) (Entered: 01/26/2012)
2012-01-25	7	AFFIDAVIT of service by Gilbert Roman (Bollbach, Jean) (Entered: 01/26/2012)
2012-01-30	8	SUMMONS Returned Executed by Gilbert Roman. CIA served on 1/25/2012, by service upon Robert Kambic, U.S. Attorney's Office 610 Federal Plaza Central Islip, NY 11722, and upon Eric Holder, Attorney General of the US 950 Penn Ave., N.W. Washington, DC 20531, answer due 2/15/2012. (Fagan, Linda) (Entered: 02/01/2012)
2012-01-30	9	EXHIBIT "C" (Letter to Gilbert Roman from M.A. Gedra, Modern Military Records (NWCT2R) Textual Archives Services Division, dated 30 September 2011) by Gilbert Roman. (Fagan, Linda) (Entered: 02/01/2012)
2012-03-23	10	Consent MOTION for Extension of Time to File Answer , Move, or Otherwise respond to Plaintiff's Complaint by CIA. (Kambic, Robert) (Entered: 03/23/2012)
2012-03-26		ORDER granting 10 Motion for Extension of Time to Answer CIA answer due 5/23/2012.. Ordered by Magistrate Judge William D. Wall on 3/26/2012. (Hepworth, F.) (Entered: 03/26/2012)
2012-05-23	11	Letter to the Honorable Joseph F. Bianco from Robert B. Kambic, AUSA, Regarding a Request for a Pre-motion Conference or, in the alternative, that the Court Set a Briefing Schedule for Defendant's Dispositive Motion by CIA (Kambic, Robert) (Entered: 05/23/2012)
2012-05-24	12	ORDERED that pre motion requirement is waived. Parties to adhere to the following schedule for defts motion to dismiss: motion 6/29/12 opposition 7/30/12 reply 8/13/12. Ordered by Judge Joseph F. Bianco on 5/24/2012. (Bollbach, Jean) cm by chambers to pro se by fcm on 5/24/12 (Entered: 05/25/2012)
2012-05-31	13	MOTION to Compel / enter evidence by Gilbert Roman. (Bollbach, Jean) (Entered: 06/08/2012)
2012-06-29	14	Letter MOTION for Extension of Time to File CIA's Dispositive Motion and to Modfied Court's Briefing Schedule by CIA. (Kambic, Robert) (Entered: 06/29/2012)
2012-07-02	15	ORDER granting 14 Motion for Extension of Time to File. Motion due 7/20/12; opposition 8/20/12; reply by 9/6/12. Ordered by Judge Joseph F. Bianco on 7/2/2012. (Bollbach, Jean) cm by chambers to pro se by fcm on 7/2/12 (Entered: 07/05/2012)
2012-07-18	16	Consent MOTION for Extension of Time to File CIA's Dispositive Motion and to Modfied Court's Briefing Schedule by CIA. (Kambic, Robert) (Entered: 07/18/2012)
2012-07-19	17	ORDER granting 16 Motion for Extension of Time to File. ORDERED that following briefing schedule shall apply motion: 7/30/12 opposition 8/30/12 reply 9/17/12. Ordered by Judge Joseph F. Bianco on 7/19/2012. (Bollbach, Jean) (Entered: 07/19/2012)
2012-07-19	18	Letter docketed as photocopies and noted that book mailed by pro se plaintiff is in the Clerks Office file for review. (Bollbach, Jean) (Entered: 07/19/2012)
2012-07-30	19	Consent MOTION for Extension of Time to File CIA's Dispositive Motion and to Modfied Court's Briefing Schedule by CIA. (Kambic, Robert) (Entered: 07/30/2012)
2012-08-01	20	ORDER granting 19 Motion for Extension of Time to File. Briefing schedule shall apply: Motion by 8/6/12 opposition by 9/6/12 rpely by 9/24/12. Ordered by Judge Joseph F. Bianco on 8/1/2012. (Bollbach, Jean) cm by chambers to pro se by fcm on 8/1/12 (Entered: 08/02/2012)
2012-08-06	21	Consent MOTION for Extension of Time to File CIA's Dispositive Motion and to Modify Court's Briefing Schedule by CIA. (Kambic, Robert) (Entered: 08/06/2012)
2012-08-08	22	ORDER granting 21 Motion for Extension of Time to File. ORDERED that the following briefing schedule shall apply: motion 8/13/12 opposition 9/13/12 and reply 10/1/12. Ordered by Judge Joseph F. Bianco on 8/8/2012. (Bollbach, Jean) cm by chambers to pro se bt first class mail (Entered: 08/10/2012)
2012-08-13	23	Consent MOTION for Extension of Time to File CIA's Dispositive Motion and to Modify Court's Briefing Schedule by CIA. (Kambic, Robert) (Entered: 08/13/2012)
2012-08-14	24	ORDER granting 23 Motion for Extension of Time to File. It is hereby Ordered that defendant's request is granted, and the following briefing schedule shall apply: Motion: August 17, 2012; Opposition: September 19, 2012; Reply: October 5, 2012. So Ordered.. Ordered by Judge Joseph F. Bianco on 8/14/2012. (Padilla, Kristin) (Entered: 08/16/2012)
2012-08-17	25	Notice of MOTION for Summary Judgment with Certificate of Service by CIA. (Attachments: # 1 Def's Notice to Pro Se Litigant, # 2 Attachment to Notice to Pro Se Litigant) (Kambic, Robert) (Entered: 08/17/2012)
2012-08-17	26	MEMORANDUM in Support re 25 Notice of MOTION for Summary Judgment with Certificate of Service -- Memorandum of Law in Support of Defendant's Motion to Dismiss the Complaint, or, in the Alternative, for Summary Judgment filed by CIA. (Kambic, Robert) (Entered: 08/17/2012)
2012-08-17	27	RULE 56.1 STATEMENT re 25 Notice of MOTION for Summary Judgment with Certificate of Service -- Def's Statement of Undisputed Facts Pursuant to Local Civil Rule 56.1 filed by CIA. (Kambic, Robert) (Entered: 08/17/2012)
2012-08-17	28	AFFIDAVIT/DECLARATION in Support re 25 Notice of MOTION for Summary Judgment with Certificate of Service -- Declaration of Michele L. Meeks filed by CIA. (Attachments: # 1 Exhibits A-D to Meeks Declaration) (Kambic, Robert) (Entered: 08/17/2012)
2012-09-04	29	NOTICE by plaintiff of filing plaintiffs statement of undisputed facts. (Bollbach, Jean) (Entered: 09/05/2012)
2012-10-05	30	REPLY in Support of Defendant's Motion to Dismiss or in the Alternative, for Summary Judgment filed by CIA. (Kambic, Robert) (Entered: 10/05/2012)
2013-01-18	31	ORDER granting 25 Motion for Summary Judgment: For the foregoing reasons, the Court grants summary judgment in favor of the defendant, and dismisses plaintiff's complaint without prejudice to renewal after plaintiff exhausts his administrative remedies with defendant by complying with the applicable FOIA regulations. The Clerk of the Court shall enter judgment accordingly and close the case. SO ORDERED. Ordered by Judge Joseph F. Bianco on 1/18/2013. Mailed to pro se plaintiff FCM on 1/18/13. (Entered: 01/18/2013)
2013-01-23	32	JUDGMENT : ORDERED AND ADJUDGED that plaintiff take nothing of deft; that defts motion for summary judgment is granted; that plaintiffs complaint is dismissed without prejudice and case is closed. (Bollbach, Jean) (Entered: 01/23/2013)
Hide Docket Events