Case Detail

FOIA Project Annotation: Judge Royce Lamberth has become the second district court judge in the D.C. Circuit to conclude that the D.C. Circuit's decision in CREW v. FEC, 711 F.3d 180 (D.C. Cir. 2013), allows a requester to go to court after the agency misses either of its 20-day statutory time limits, even if the agency responds to the requester before he or she files suit. Roger Waldner requested records concerning two companies that were related to a criminal case in which Waldner accepted a plea agreement. EOUSA responded to his first request four months later and his second request one year after that. Concluding that an administrative appeal would be futile, Waldner filed suit instead. The agency argued that he failed to exhaust his administrative remedies before filing suit. Lamberth disagreed. He noted that "had the government sent its response letters to Waldner's June 27, 2011 and June 28, 2011 requests prior to August 17, 2011 and August 19, 2011â€"within 20 days after the receipt of the requestsâ€"the government would have foreclosed constructive exhaustion and triggered the requirement that Waldner file an administrative appeal before proceeding to federal court. That did not happen here, and as such, the Court considers Waldner to have constructively exhausted administrative remedies under FOIA." Lamberth then turned to Waldner's contention that the agency's search was inadequate because it should have turned up more documents. Finding the search was thorough, Lamberth indicated that "Waldner even conceded that the government conducted its search using appropriate methods and in a manner reasonably calculated to produce the information he requested. This ends the inquiry. Whether Waldner believed the government had more documents or the exact documents he requested based on conversations leading to his plea agreement is not the standard by which to determine whether the government has satisfied its FOIA obligations.
Issues: Administrative appeal - Constructive exhaustion of administrative remedies

Date Filed	Doc #	Docket Text
2013-01-07	1	COMPLAINT against ERIC HOLDER, UNITED STATES DEPARTMENT OF JUSTICE filed by ROGER D. WALDNER. (Attachments: # 1 Civil Cover Sheet)(dr) (Entered: 01/09/2013)
2013-01-07		SUMMONS Not Issued as to ERIC HOLDER, UNITED STATES DEPARTMENT OF JUSTICE (dr) (Entered: 01/09/2013)
2013-01-09		Filing fee: $ 350, receipt number 4616053701 (dr) (Entered: 01/09/2013)
2013-01-24	2	MOTION for Order to issue summons by ROGER D. WALDNER (td, ) (Entered: 01/25/2013)
2013-02-01		SUMMONS (3) Issued as to ERIC HIMPTON HOLDER, JR, UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney (td, ) (Entered: 02/05/2013)
2013-02-05		MINUTE ORDER: Plaintiff filed 2 a motion for an order directing the Clerk of the Court to issue summonses to defendants United States Department of Justice and Eric Holder. A docket entry dated February 1, 2013 and entered on February 5, 2013 indicates that the requested summonses have been issued. Hence, because plaintiff's request has now been addressed, it is hereby ORDERED that plaintiff's motion for an order to issue summonses is DENIED as moot. SO ORDERED. Signed by Judge John D. Bates on 2/5/2013. (lcjdb3) (Entered: 02/05/2013)
2013-02-08	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/5/2013. Answer due for ALL FEDERAL DEFENDANTS by 3/7/2013. (td, ) (Entered: 02/08/2013)
2013-02-08	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/5/13., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ERIC HIMPTON HOLDER, JR served on 2/5/2013; UNITED STATES DEPARTMENT OF JUSTICE served on 2/5/2013; (See docket entry no. 3 ) (td, ) (Entered: 02/08/2013)
2013-02-15	5	NOTICE of Appearance by Hubert T. Lee on behalf of ERIC HIMPTON HOLDER, JR, UNITED STATES DEPARTMENT OF JUSTICE (Lee, Hubert) (Entered: 02/15/2013)
2013-02-28	6	First MOTION for Extension of Time to File Answer by ERIC HIMPTON HOLDER, JR, UNITED STATES DEPARTMENT OF JUSTICE (Lee, Hubert) (Entered: 02/28/2013)
2013-03-01		MINUTE ORDER: Upon consideration of 6 defendants' motion for extension of time to answer or respond to the complaint, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendants shall answer or otherwise respond to the complaint by not later than April 7, 2013. SO ORDERED. Signed by Judge John D. Bates on 3/1/2013. (lcjdb3) (Entered: 03/01/2013)
2013-03-04		Set/Reset Deadlines: Answer due by 4/7/2013. (tb, ) (Entered: 03/04/2013)
2013-04-08	7	MOTION to Dismiss , MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration Francis Declaration, # 2 Declaration Nash Declaration)(Lee, Hubert) (Entered: 04/08/2013)
2013-05-06	8	Memorandum in opposition to re 7 MOTION to Dismiss MOTION for Summary Judgment filed by ROGER D. WALDNER. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(td, ) (Entered: 05/08/2013)
2013-05-20	9	REPLY to opposition to motion re 7 MOTION to Dismiss MOTION for Summary Judgment filed by ERIC HIMPTON HOLDER, JR, UNITED STATES DEPARTMENT OF JUSTICE. (Lee, Hubert) (Entered: 05/20/2013)
2013-07-02		Case reassigned by consent to Chief Judge Royce C. Lamberth. Judge John D. Bates no longer assigned to the case. (gt, ) (Entered: 07/02/2013)
2013-08-01	10	NOTICE of Change of Address by ROGER D. WALDNER (rdj) (Entered: 08/02/2013)
2013-08-23	11	NOTICE OF SUBSTITUTION OF COUNSEL by Michelle Jean Seo on behalf of ERIC H. HOLDER, JR, UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Hubert Lee (Seo, Michelle) (Entered: 08/23/2013)
2013-09-23	12	ORDER denying 7 Motion to Dismiss; granting 7 Motion for Summary Judgment. Signed by Judge Royce C. Lamberth on September 23, 2013. (intrcl3) (Entered: 09/23/2013)
2013-09-23	13	MEMORANDUM AND OPINION explaining Order denying Motion 7 to dismiss and granting Motion 7 for Summary Judgment. Signed by Judge Royce C. Lamberth on September 23, 2013. (intrcl3) (Entered: 09/23/2013)
2013-11-22	14	NOTICE OF APPEAL as to 12 Order on Motion to Dismiss, Order on Motion for Summary Judgment, 13 Memorandum & Opinion by ROGER D. WALDNER. Filing fee $ 455.00. Fee Status: Fee Paid: Receipt No. 4616061693, Parties have been notified. (rdj) Modified on 1/17/2014 (md, ). (Entered: 11/25/2013)
2013-11-25	15	Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court re 14 Notice of Appeal. (rdj) (Entered: 11/25/2013)
2013-12-06		USCA Case Number 13-5350 for 14 Notice of Appeal filed by ROGER D. WALDNER. (rdj) (Entered: 12/06/2013)
2014-01-08	16	ORDER of USCA as to 14 Notice of Appeal, filed by ROGER D. WALDNER ; USCA Case Number 13-5350. ORDERED that the order be amended to reflect that the appellate docketing and filing fees due for this appeal are $455.00. The Clerk is directed to amend the docket accordingly. (kb) (Entered: 01/08/2014)
2014-08-13	17	MANDATE of USCA (certified copy) as to 14 Notice of Appeal, filed by ROGER D. WALDNER ; USCA Case Number 13-5350. ORDERED that the motion to dismiss for failure to prosecute be denied in light of appellant having paid the appellate filing and docketing fee. It is FURTHER ORDERED that the motion for discovery be denied. Appellant has failed to demonstrate that discovery is warranted on appeal. It is FURTHER ORDERED that the motion for summary affirmance be granted. (kb, ) (Entered: 08/13/2014)
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