Case Detail

FOIA Project Annotation: Judge Rudolph Contreras has ruled that Kevin Dugan failed to exhaust his administrative remedies for several FOIA requests by failing to appeal denials from Homeland Security and the Justice Department's Office of Information Policy, but that the Bureau of Alcohol, Tobacco and Firearms has not justified its claim that records concerning an investigation of Dugan for cultivating marijuana while also selling firearms are protected under Exemption 7(A) (ongoing investigation or proceeding). Dugan made several requests to ATF, all of which were denied under Exemption 7(A). He also made requests to DHS, OIP and DEA. Both DHS and OIP denied his request on procedural grounds. DEA searched it database and found no records. Contreras agreed that Dugan had not appealed the adverse decisions by DHS or OIP. He also found DEA had conducted an adequate search. But he found ATF had failed to justify its Exemption 7(A) claims. Contreras noted that "the only remaining aspect of plaintiff's case at the time [of the agency's] declaration was filed was 'in relation to an appeal of the forfeiture of firearms,' which the declarant has not specifically linked with an ongoing investigation and explained how disclosure of the withheld information would interfere with the investigation or a reasonably anticipated enforcement proceeding. The declarant does not suggest that plaintiff's conviction is not final or that the ongoing investigation involves 'not only [the plaintiff] but also other suspects' who might face charges." He observed that "given that plaintiff has already been prosecuted, convicted, and sentencedâ€"and appears to have served his sentence, the Court needs considerably more information to conclude that the release of specific types of information will interfere with prospective or ongoing enforcement proceedings."
Issues: Litigation - Jurisdiction - Failure to Exhaust, Exemption 7(A) - Interference with ongoing investigation

Date Filed	Doc #	Docket Text
2013-12-18	1	COMPLAINT against All Defendants (Filing fee $ 0) filed by KEVIN DUGAN. (Attachments: # 1 Civil Cover Sheet)(rj, ) (Entered: 12/20/2013)
2013-12-18	2	MOTION for Leave to Proceed in forma pauperis by KEVIN DUGAN. (rj, ) (Entered: 12/20/2013)
2013-12-18	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by KEVIN DUGAN. (rj, ) (Entered: 12/20/2013)
2013-12-18	4	ORDER directing an initial partial filing fee of $0.92 from Prison Account of Kevin Dugan. Plaintiff's application to proceed in forma pauperis is GRANTED, excerpt to the extend that Plaintiff is required to make the payments set forth. Signed by Judge Ketanji Brown Jackson on 10/17/2013. (rj, ) (Entered: 12/20/2013)
2013-12-18		SUMMONS Issued as to DEPARTMENT OF JUSTICE, HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General. (rj, ) (Entered: 12/20/2013)
2014-01-02	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/30/2013. Answer due for ALL FEDERAL DEFENDANTS by 1/29/2014. (rdj) (Entered: 01/02/2014)
2014-01-08	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 12/30/2013, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/30/2013. (rdj) (Entered: 01/08/2014)
2014-01-28	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. HOMELAND SECURITY served on 1/17/2014 (rdj) (Entered: 01/28/2014)
2014-01-28	8	NOTICE of Appearance by Robert N. Englund on behalf of All Defendants (Englund, Robert) (Entered: 01/28/2014)
2014-01-28	9	MOTION for Extension of Time to respond to Complaint by ALCOHOL, TOBACCO & FIREARMS, DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION, HOMELAND SECURITY (Englund, Robert) (Entered: 01/28/2014)
2014-01-28		MINUTE ORDER granting 9 Defendants' Motion for an Extension of Time. It is hereby ORDERED that the Defendants file their response to Plaintiff's complaint on or before March 31, 2014. SO ORDERED. Signed by Judge Rudolph Contreras on 1/28/2014. (lcrc2) (Entered: 01/28/2014)
2014-03-31	10	MOTION for Extension of Time to File Dispositive Motion or Otherwise Respond to Complaint by ALCOHOL, TOBACCO & FIREARMS, DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION, HOMELAND SECURITY (Englund, Robert) (Entered: 03/31/2014)
2014-04-01		MINUTE ORDER granting 10 Defendants' Motion for an Extension of Time to April 22, 2014, to file a dispositive motion or otherwise respond to the complaint. SO ORDERED. Signed by Judge Rudolph Contreras on 4/1/14.(ah) (Entered: 04/01/2014)
2014-04-07		Reset Deadlines: Answer due by 4/22/2014, Dispositive Motions due by 4/22/2014. (tj ) (Entered: 04/07/2014)
2014-04-15	11	MOTION for Summary Judgment by ALCOHOL, TOBACCO & FIREARMS, DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION, HOMELAND SECURITY (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B, # 3 Exhibit Ex. C, # 4 Exhibit Ex. D, # 5 Exhibit Ex. E)(Englund, Robert) (Entered: 04/15/2014)
2014-04-18	12	MOTION for Judicial Notice by KEVIN DUGAN (jf, ) (Entered: 04/21/2014)
2014-05-02	13	Order advising plaintiff to respond by June 9, 2014, to defendants' motion for summary judgment or risk summary dismissal of the case or entry of judgment for the defendants on what will be treated as a conceded motion (see attached order for details). Signed by Judge Rudolph Contreras on 5/2/14.(ah) (Entered: 05/02/2014)
2014-05-05		Set Deadlines: Responses due by 6/9/2014 (tj ) (Entered: 05/05/2014)
2014-05-05	14	MOTION for Extension of Time to File Response as to 11 MOTION for Summary Judgment by KEVIN DUGAN (jf, ) (Entered: 05/07/2014)
2014-05-08		MINUTE ORDER granting for good cause shown 14 Plaintiff's Motion for an Extension of Time to July 15, 2014, to respond to defendants' dispositive motion. SO ORDERED. Signed by Judge Rudolph Contreras on 5/8/14.(ah) (Entered: 05/08/2014)
2014-05-22		Reset Deadlines: Response to Dispositive Motions due by 7/15/2014. (tj) (Entered: 05/22/2014)
2014-06-18	15	NOTICE OF SUBSTITUTION OF COUNSEL by Rafique Omar Anderson on behalf of All Defendants Substituting for attorney R. Nicholas Englund (Anderson, Rafique) (Entered: 06/18/2014)
2014-07-21	16	REPLY re 1 Complaint, 11 MOTION for Summary Judgment filed by KEVIN DUGAN. (Attachments: # 1 Exhibit)(jf, ) (Entered: 07/23/2014)
2014-07-21	17	ENTERED IN ERROR.....RESPONSE TO ORDER OF THE COURT re 13 Fox/Neal Order, filed by KEVIN DUGAN. (Attachments: # 1 Exhibit)(jf, ) Modified on 1/23/2015 (jf, ). (Entered: 07/23/2014)
2014-10-29	18	NOTICE of Change of Address by KEVIN DUGAN (jf, ) (Entered: 10/30/2014)
2015-03-12	19	ORDER granting in part and denying in part 11 Defendants' Motion for Summary Judgment; denying 12 Plaintiff's Motion for Judicial Notice; directing the Defendants to supplement the record by April 14, 2015, all for the reasons stated in the Memorandum Opinion issued separately this day. Signed by Judge Rudolph Contreras on 3/12/15.(ah) (Entered: 03/12/2015)
2015-03-12	20	MEMORANDUM OPINION accompanying Order issued separately this day. Signed by Judge Rudolph Contreras on 3/12/15.(ah ) (Entered: 03/12/2015)
2015-04-14	21	MOTION for Extension of Time to by ALCOHOL, TOBACCO & FIREARMS, DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (Anderson, Rafique) (Entered: 04/14/2015)
2015-04-15		MINUTE ORDER granting 21 Defendants' Motion for an Extension of Time to July 10, 2015, to supplement the record in accordance with the March 12, 2015 Order. SO ORDERED. Signed by Judge Rudolph Contreras on 4/15/15.(ah) (Entered: 04/15/2015)
2015-04-23	22	NOTICE OF SUBSTITUTION OF COUNSEL by Eric Joseph Young on behalf of ALCOHOL, TOBACCO & FIREARMS, DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION, HOMELAND SECURITY Substituting for attorney Rafique Anderson (Young, Eric) (Entered: 04/23/2015)
2015-07-08	23	MOTION for Extension of Time to File Answer or dispositive motion by ALCOHOL, TOBACCO & FIREARMS, DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION, HOMELAND SECURITY (Young, Eric) (Entered: 07/08/2015)
2015-07-09		MINUTE ORDER granting, upon good cause shown, 23 Defendants' Motion for an Extension of Time to August 10, 2015, to file a renewed motion for summary judgment. SO ORDERED. Signed by Judge Rudolph Contreras on 7/9/15.(ah) (Entered: 07/09/2015)
2015-07-09		Set/Reset Deadlines: Summary Judgment motions due by 8/10/2015. (tj) (Entered: 07/09/2015)
2015-07-24	24	MOTION for Summary Judgment by ALCOHOL, TOBACCO & FIREARMS, DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION, HOMELAND SECURITY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration with Exhibits and Vaughn Index, # 4 Text of Proposed Order)(Young, Eric) (Entered: 07/24/2015)
2015-07-29	25	Order advising plaintiff to respond by September 11, 2015, to the defendants' renewed summary judgment motion or risk entry of judgment for the defendants on what will be treated as a conceded motion (see written order for details). Signed by Judge Rudolph Contreras on 7/29/15.(ah) (Entered: 07/29/2015)
2015-07-30		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 9/11/2015. (tj) (Entered: 07/30/2015)
2015-10-07	26	ORDER granting 24 Defendants' Motion for Summary Judgment on remaining claim against ATFE and entering Judgment for the Defendants, for the reasons stated in the accompanying Memorandum Opinion issued separately this day and in the March 12, 2015 Memorandum Opinion. Signed by Judge Rudolph Contreras on 10/7/15.(ah) (Entered: 10/07/2015)
2015-10-07	27	MEMORANDUM OPINION accompanying final order issued separately this day. Signed by Judge Rudolph Contreras on 10/7/15.(ah) (Entered: 10/07/2015)
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