Case Detail

FOIA Project Annotation: A federal court in Maryland has allowed Orly Taitz to amend her complaint against the Social Security Administration to challenge the agency's search rather than whether or not it properly responded to Taitz's request for Social Security Number applications for Harrison Bounel, Tamerlan Tsarnaev, and Stanley Ann Dunham, President Obama's mother. Taitz indicated that because Bounel was born in 1890, his Social Security application fell within the 120-year rule requiring disclosure without proof of death. The agency responded by disclosing the applications for Tsarnaev and Dunham, but told Taitz it did not find an application for Bounel. The court explained that "in regard to the adequacy of the search, plaintiff's arguments that the SSA has failed to meet its obligations under FOIA may have merit." The court pointed out that the agency's affidavit indicated that "a search of the Numident for a record that matched the information provided by Plaintiff could not locate a record for Mr. Bounel." But the court observed that the agency "did not explain the manner in which the search was conducted, whether multiple searches were conducted using different combinations of the information provided by plaintiff (to ensure that a minor discrepancy in the information submitted by plaintiff did not sabotage the search), or any other details related to the thoroughness of the search." However, the court noted that "plaintiff's contention on this point, and the factual allegations underlying them, do not appear in the Amended Complaint. The Amended Complaint is premised only on the SSA's failure to respond to plaintiff's FOIA request. . .Plaintiff first raised the issue of inadequacy in her Opposition." The court told Taitz that "if plaintiff takes issue with the adequacy of the SSA's response, she must amend her complaint to add allegations that the SSA's response was deficient."
Issues: Litigation - Jurisdiction

FOIA Project Annotation: A federal court in Maryland has ruled that the Social Security Administration conducted an adequate search for records of Harry Bounel when it informed Orly Taitz that it could find no record for a social security number application for Bounel. Taitz, a prominent member of the birther conspiracy convinced that President Barack Obama is not actually a U.S. citizen, made a request to SSA for Social Security applications, known as SS-5s, for Bounel, Tamerlan Tsarnaev, and Stanley Ann Dunham, Obama's mother. The agency disclosed applications for Tsarnaev and Dunham, but could not find any record that Bounel had applied for a social security number. Taitz alleged that Obama is actually using Bounel's social security number. She described Bounel as an "immigrant from Russia, born in 1890, arrived in the U.S. in and around 1912, received Social Security number in the state of CT in and around March 28, 1977," included what Taitz alleged was Bounel's social security number and insisted that because of the 120-year rule the agency was required to disclose Bounel's records without proof of death. After the agency informed Taitz that it could not find any records on Bounel, she filed suit. District Court Judge Ellen Hollander ruled in favor of the agency, but allowed Taitz to amend her complaint to include a challenge to the agency's search for Bounel's records. The agency provided a detailed explanation of its search and Hollander indicated that "without question, this Declaration satisfies FOIA's requirements; it is reasonably detailed, sets forth the types and varieties of search performed, and states that all files likely to contain responsive materials were searched." Taitz argued that the agency's response to an earlier FOIA request for Bounel's records based on his alleged social security number explaining that the agency could neither confirm nor deny that there were records on Bounel under that SSN indicated that the agency indeed did have records. But Hollander pointed out that "SSA's practice of declining to confirm or deny a match when a requester provides only an SSN and a name is eminently sensible, as it prevents the inadvertent confirmation of an individual's SSN. . .Therefore, the [earlier response letter] does not cast any doubt on SSA's later statement, in response to plaintiff's more detailed FOIA request, that it was unable to locate records for Mr. Bounel." Hollander rejected Taitz's argument that the SSA database was unreliable and that the agency should have conduct a manual search. She noted that "plaintiff's unsubstantiated allegations that the Numident has been altered or is not comprehensive are insufficient to raise a material dispute about the adequacy of the agency's search." Taitz argued that because Obama had falsified a number of his identity documents the agency's search should be questioned. Hollander disagreed, noting that "these exhibits, important as they may be to plaintiff's overarching theory about President Obama, are irrelevant to the narrow question presented in this particular case�"whether SSA adequately responded to plaintiff's FOIA request for the SS-5 of Harry Bounel. In other words, irregularities in President Obama's records would not support plaintiff's claim that SSA improperly withheld Mr. Bounel's SS-5 or otherwise failed to comply with the FOIA."
Issues: Adequacy - Search

FOIA Project Annotation: In another suit to show Obama was not a U.S. citizen, Orly Taitz asked the judge to recuse herself because for bias because she was appointed by President Obama.
Issues: Housekeeping

Date Filed	Doc #	Docket Text
2013-06-25	1	COMPLAINT against Carolyn Colvin ( Filing fee $ 400 receipt number 14637067860.), filed by Defend Our Freedoms Foundation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet)(apls, Deputy Clerk) (Additional attachment(s) added on 6/28/2013: # 4 Summons) (apls, Deputy Clerk). (Entered: 06/28/2013)
2013-07-02	2	ORDER directing Ms.Taitz to advise court within 14 days of intent re admission to the Courts bar or whether counsel will be entering their appearance; directing clerk to without issuance of summons pending further order of the court. Signed by Judge Ellen L. Hollander on 7/2/2013. (c/m 7/3/2013 aos, Deputy Clerk) (Entered: 07/03/2013)
2013-07-08	3	AMENDED COMPLAINT against Carolyn Colvin, filed by Orly Taitz.(aos, Deputy Clerk) (Entered: 07/08/2013)
2013-07-09	4	ORDER substituting Orly Taitz as plaintiff in lieu of Defend Our Freedoms Foundation; directing clerk to prepare and issue summons. Signed by Judge Ellen L. Hollander on 7/9/2013. (c/m 7/9/2013 aos, Deputy Clerk) (Entered: 07/09/2013)
2013-07-09	5	Summons Issued 60 days as to Carolyn Colvin, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons)(c/m 7/9/2013 aos, Deputy Clerk) (Entered: 07/09/2013)
2013-07-16	6	SUMMONS Returned Executed by Orly Taitz. Carolyn Colvin served on 7/10/2013, answer due 9/9/2013. (aos, Deputy Clerk) (Entered: 07/16/2013)
2013-08-14	7	MOTION to Dismiss ( Responses due by 9/3/2013), MOTION for Summary Judgment ( Responses due by 9/3/2013) by Carolyn Colvin (Attachments: # 1 Memo of Law, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Text of Proposed Order)(Norman, Andrew) (Entered: 08/14/2013)
2013-08-15	8	Rule 12/56 letter mailed to Orly Taitz. (c/m 8/15/2013 aos, Deputy Clerk) (Entered: 08/15/2013)
2013-08-21	9	RESPONSE in Opposition re 7 MOTION to Dismiss MOTION for Summary Judgment filed by Orly Taitz. (Attachments: # 1 Exibit 1)(aos, Deputy Clerk) Modified on 8/21/2013 (aos, Deputy Clerk). (Additional attachment(s) added on 8/21/2013: # 2 Tracking receipt) (aos, Deputy Clerk). (Entered: 08/21/2013)
2013-08-23	10	MOTION for Extension of Time by Carolyn Colvin Responses due by 9/9/2013 (Attachments: # 1 Text of Proposed Order)(Norman, Andrew) (Entered: 08/23/2013)
2013-08-23	11	ORDER granting Defendant's 10 Motion for Extension of Time to File Reply Brief. Signed by Judge Ellen L. Hollander on 8/23/13. (dass, Deputy Clerk) (Entered: 08/23/2013)
2013-09-16	12	REPLY to Response to Motion re 7 MOTION to Dismiss MOTION for Summary Judgment filed by Carolyn Colvin. (Attachments: # 1 Exhibit A--Cover Sheet, # 2 Exhibit A--Declaration, # 3 Exhibit B--Cover Sheet, # 4 Exhibit B--Redacted FOIA)(Norman, Andrew) (Entered: 09/16/2013)
2013-09-25	13	REPLY to Opposition re 7 MOTION for Summary Judgment filed by Orly Taitz. (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 Text of Proposed Order)(aos, Deputy Clerk) (Entered: 09/26/2013)
2013-11-26	14	MOTION/Request for the Defense to Prepare Vaugn Index by Orly Taitz (aos, Deputy Clerk) (Entered: 11/26/2013)
2013-12-11	15	(FILED IN ERROR- ATTY TO REFILE)REPLY to Response to Motion re 14 MOTION for the Defense to Prepare Vaugn Index filed by Carolyn Colvin. (Norman, Andrew) Modified on 12/12/2013 (aos, Deputy Clerk). (Entered: 12/11/2013)
2013-12-12	16	QC NOTICE: 15 Reply to Response to Motion filed by Carolyn Colvin was filed incorrectly. ****Please refile this document under category "Responses and Replies" using the event "Response to Motion", and link the filing back to the original motion that was filed. It has been noted as FILED IN ERROR, and the document link has been disabled. (aos, Deputy Clerk) (Entered: 12/12/2013)
2013-12-12	17	RESPONSE to Motion re 14 MOTION for the Defense to Prepare Vaugn Index filed by Carolyn Colvin. Replies due by 12/30/2013. (Norman, Andrew) (Entered: 12/12/2013)
2013-12-13	18	MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 12/13/13. (dass, Deputy Clerk) (c/m 12/16/13) (Entered: 12/16/2013)
2013-12-13	19	ORDER granting Defendant's 7 Motion to Dismiss without prejudice and with leave to amend; denying Plaintiff's 9 Motion for Summary Judgment without prejudice; setting deadline for Plaintiff to file a second amended complaint. Signed by Judge Ellen L. Hollander on 12/13/13. (dass, Deputy Clerk) (c/m 12/16/13) (Entered: 12/16/2013)
2014-01-03	20	SECOND AMENDED COMPLAINT against Carolyn Colvin, filed by Orly Taitz. (Attachments: # 1 table of evidence, # 2 Certificate of Service, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23)(aos, Deputy Clerk) (Entered: 01/03/2014)
2014-01-07	21	NOTICE to Substitute Attorney (Loucks, Allen) (Entered: 01/07/2014)
2014-01-13	22	MOTION for Extension of Time to Respond to the Second Amended Complaint by Carolyn Colvin Responses due by 1/30/2014 (Loucks, Allen) (Entered: 01/13/2014)
2014-01-14	23	MEMORANDUM to Parties re Extension of Time. Signed by Judge Ellen L. Hollander on 1/14/2014. (c/m 1/14/2014 aos, Deputy Clerk) (Entered: 01/14/2014)
2014-01-14	24	Correspondence re: Extension of time for Response to Second Amended Complaint (Loucks, Allen) (Entered: 01/14/2014)
2014-01-15	25	Supplemental to 24 Miscellaneous Correspondence, 23 Memorandum to Parties filed by Carolyn Colvin . (Attachments: # 1 Exhibit)(Loucks, Allen) (Entered: 01/15/2014)
2014-01-15	26	MEMORANDUM to Parties granting 22 MOTION for Extension of Time to Respond to the Second Amended Complaint. Signed by Judge Ellen L. Hollander on 1/15/2014. (c/m 1/15/2015 CH/aos, Deputy Clerk) (Entered: 01/15/2014)
2014-01-22	27	RESPONSE to Defendant's 22 MOTION for Extension of Time to Respond to the Second Amended Complaint filed by Orly Taitz. (dass, Deputy Clerk) (Entered: 01/22/2014)
2014-01-30	28	MOTION to Dismiss the Second Amended Complaint or, in the Alternative, for Summary Judgment by Carolyn Colvin Responses due by 2/18/2014 (Attachments: # 1 Memorandum of Law, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Loucks, Allen) (Entered: 01/30/2014)
2014-02-03	29	(Filed in Error)Rule 12/56 letter mailed to Orly Taitz. (aos, Deputy Clerk) Modified on 2/3/2014 (aos, Deputy Clerk). (Entered: 02/03/2014)
2014-02-03	30	Rule 12/56 letter mailed to Orly Taitz. (c/m 2/3/2014 aos, Deputy Clerk) (Entered: 02/03/2014)
2014-02-19	31	RESPONSE in Opposition re 28 MOTION to Dismiss the Second Amended Complaint or, in the Alternative, for Summary Judgment filed by Orly Taitz. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(aos, Deputy Clerk) (Entered: 02/19/2014)
2014-03-02	32	REPLY to Response to Motion re 28 MOTION to Dismiss the Second Amended Complaint or, in the Alternative, for Summary Judgment and Response to Plaintiff's Motion for Summary Judgment filed by Carolyn Colvin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Loucks, Allen) (Entered: 03/02/2014)
2014-03-12	33	RETURN PLEADING ORDER. Signed by Judge Ellen L. Hollander on 3/12/2014. (Attachments: # 1 1st page of Ret Doc)(C/M 3/13/2014 aos, Deputy Clerk) (Entered: 03/13/2014)
2014-03-14	34	ORDER re Filings with the Court. Signed by Judge Ellen L. Hollander on 3/13/2014. (Attachments: # 1 Attachment 1, # 2 Attachment 2)(c/m 3/14/2014 aos, Deputy Clerk) (Entered: 03/14/2014)
2014-03-14	35	REPLY in Support of 31 Motion for Summary Judgment in Favor of Plaintiff filed by Orly Taitz. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(aos, Deputy Clerk) (Entered: 03/14/2014)
2014-05-13	36	MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 5/13/2014. (C/M 5/13/2014 aos, Deputy Clerk) (Entered: 05/13/2014)
2014-05-13	37	ORDER denying as moot 14 MOTION/Request for the Defense to Prepare Vaughn; granting 28 MOTION to Dismiss the Second Amended Complaint or, in the Alternative, for Summary Judgment; denying 31 plaintiffs cross motion for summary judgment and request for relief pursuant to 18§3332(a); directing clerk to close case. Signed by Judge Ellen L. Hollander on 5/13/2014. (c/m 5/13/2014 aos, Deputy Clerk) (Entered: 05/13/2014)
Hide Docket Events