Case Detail

FOIA Project Annotation: Judge Tanya Chutkan has ruled that the DEA properly invoked a Glomar response neither confirming nor denying the existence of records on an alleged informant in the State of Illinois's case against Abdul Love on drug charges and has accepted the agency's claims under Exemption 7(C) (invasion of privacy concerning law enforcement records), Exemption 7(D) (confidential sources), and Exemption 7(E) (investigative methods and techniques). Love claimed he had been set up by an informant named Silas Peppel, who allegedly was implicated in a counterfeiting scheme. The agency disclosed 41 pages with redactions and withheld 34 pages completely. Love was satisfied with the search, but argued that the agency' Glomar response was inappropriate because Peppel had been identified as a source during Love's state trial. Chutkan rejected Love's claim, noting that "plaintiff has supplied court documents, including a ruling by the state criminal court, that belie his public domain theory, since they establish that a subpoena issued for Peppel was quashed and related evidence was sealed. Consequently, the Court finds that plaintiff has not made the requisite showing of prior disclosure to defeat summary judgment on DEA's Glomar response. . ." Love contended that the records showed misconduct on the part of the Illinois State Attorney's Office, but Chutkan pointed that was irrelevant to the public interest analysis. She explained that "even if true, the misconduct of Illinois officials is irrelevant to FOIA's central purpose of exposing to public scrutiny the performance of federal agencies in carrying out their statutory duties." Turning to Exemption 7(D), Chutkan observed that "the outcome of plaintiff's criminal case leaves little doubt that a source's confidentiality, if not expressed, was reasonably implied." She agreed with the agency's withholdings under Exemption 7(E) as well. She noted that "plaintiff has not seriously contested DEA's reliance on exemption 7(E), and the redaction of such codes and numbers [as redacted by the agency here] has been routinely upheld for the very reasons asserted here."
Issues: Determination - Glomar response, Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 7(D) - Confidential sources, Exemption 7(E) - Investigative methods or techniques

Date Filed	Doc #	Docket Text
2013-08-28	1	COMPLAINT against U.S. DEPARTMENT OF JUSTICE (Filing fee $ 0.00) with Jury Demand filed by ABDUL LOVE. (Attachment: # 1 Civil Cover Sheet)(zmr) (Entered: 08/29/2013)
2013-08-28	2	MOTION for Leave to Proceed in forma pauperis by ABDUL LOVE. (zmr) (Entered: 08/29/2013)
2013-08-28	3	PRO SE ORDER directing within 30 days of this Order, unless an extension of time is granted, plaintiff to provide a six month trust fund prisoner account statement and failure to comply will result in dismissal of case. Plaintiff shall provide the requested information specific within this order. Signed by Judge Amy Berman Jackson on 8/16/2013. (zmr) (Entered: 08/29/2013)
2013-08-29		SUMMONS Not Issued as to U.S. DEPARTMENT OF JUSTICE. (zmr) (Entered: 08/29/2013)
2013-11-07	4	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ABDUL LOVE. (md, ) (Entered: 11/09/2013)
2013-12-23	5	ORDER directing an initial partial filing fee of $28.51 from Prison Account of Abdul Love. Plaintiff's application to proceed in forma pauperis is GRANTED, except to the extent that Plaintiff is required to make the payments set forth. Signed by Judge Colleen Kollar-Kotelly on 11/13/2013. (kb) (Entered: 12/23/2013)
2013-12-23		Case Reassigned to Judge Royce C. Lamberth. Unassigned no longer assigned to the case. (kb) (Entered: 12/23/2013)
2014-01-02	6	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	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. 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)
2014-01-27	8	MOTION for Extension of Time to File Answer to complaint by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(Fu, Wenqiong) (Entered: 01/27/2014)
2014-01-28	9	ORDER granting 8 Motion for Extension of Time to Answer by U.S. DEPARTMENT OF JUSTICE answer due 3/3/2014. Upon consideration of the defendant's Motion for Extension of Time, it is hereby ORDERED that the motion is GRANTED. The defendant's response shall be due on Monday, March 3, 2014. Signed by Judge Royce C. Lamberth on January 28, 2014. (lcrcl2) (Entered: 01/28/2014)
2014-01-31		Set/Reset Deadlines: Answer due by 3/3/2014, (mpt, ) (Entered: 01/31/2014)
2014-02-25	10	MOTION for Extension of Time to File Answer by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(Fu, Wenqiong) (Entered: 02/25/2014)
2014-03-10	11	MOTION for Default Judgment by ABDUL LOVE (rdj) (Entered: 03/12/2014)
2014-03-20	12	Memorandum in opposition to re 11 MOTION for Default Judgment as to filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Certificate of Service)(Fu, Wenqiong) (Entered: 03/20/2014)
2014-03-26		MINUTE ORDER granting nunc pro tunc 10 Defendant's Motion for an Extension of Time to April 3, 2014 to respond to the complaint. SO ORDERED. Signed by Judge Royce C. Lamberth on 3/26/14.(ah) (Entered: 03/26/2014)
2014-03-26		MINUTE ORDER denying 11 Plaintiff's Motion for Default Judgment, inasmuch as defendant is not in default. Defendant has appeared in the case and has been granted extensions of time to respond to the complaint. SO ORDERED. Signed by Judge Royce C. Lamberth on 3/26/14.(ah) (Entered: 03/26/2014)
2014-03-26		Set/Reset Deadlines: Answer or respond to complaint by 4/3/2014, (mpt) (Entered: 03/26/2014)
2014-03-27	14	MOTION for Status by ABDUL LOVE "Leave to file GRANTED" by Judge Royce C. Lamberth(rdj) (Entered: 03/31/2014)
2014-03-28	13	NOTICE OF SUBSTITUTION OF COUNSEL by Dionne S. Shy on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Wenqiong Fu (Shy, Dionne) (Entered: 03/28/2014)
2014-04-03	15	ANSWER to 1 Complaint by U.S. DEPARTMENT OF JUSTICE.(Shy, Dionne) (Entered: 04/03/2014)
2014-04-03	16	MOTION for Briefing Schedule by U.S. DEPARTMENT OF JUSTICE (Shy, Dionne) (Entered: 04/03/2014)
2014-04-08	17	ORDER denying as moot 14 Plaintiff's Motion for a Status; granting 16 Defendant's Motion for a Briefing Schedule and setting a schedule (see attached order for details). Signed by Judge Royce C. Lamberth on 4/8/14.(ah) (Entered: 04/08/2014)
2014-04-15		Set/Reset Deadlines: Summary Judgment motions due by 7/3/2014; Opposition and Cross Motions due by 8/14/2014. Reply and Opposition to Cross Motions due by 9/11/2014. Reply to Cross Motions due by 10/2/2014. (mpt, ) (Entered: 04/15/2014)
2014-04-21	18	RESPONSE re 15 Answer to Complaint filed by ABDUL LOVE. (rdj) (Entered: 04/23/2014)
2014-06-10		Case reassigned to Judge Tanya S. Chutkan. Judge Royce C. Lamberth no longer assigned to the case. (ztnr, ) (Entered: 06/10/2014)
2014-06-27	19	MOTION for Extension of Time to File Dispositive Motion by U.S. DEPARTMENT OF JUSTICE (Shy, Dionne) (Entered: 06/27/2014)
2014-07-02		MINTUE ORDER: Granting 19 Defendant's Motion for extension of time to file a dispositive motion. Defendant's motion is due not later than August 4, 2014. The Clerk of the Court shall mail a copy of this order to ABDUL LOVE, R1410108, STATESVILLE CORRECTIONAL CENTER, P.O. Box 112, Joliet, IL 60434. Set/Reset Deadlines: Dispositive Motions due by 8/4/2014. Signed by Judge Christopher R. Cooper on 7/2/14. (lctsc1) (Entered: 07/02/2014)
2014-08-01	20	MOTION for Extension of Time to File Dispositive Motion by U.S. DEPARTMENT OF JUSTICE (Shy, Dionne) (Entered: 08/01/2014)
2014-08-04		MINUTE ORDER: Granting 20 Defendant's Motion for Extension of Time to file Dispositive Motion; Set/Reset Deadlines: Defendant's Summary Judgment motion due by 9/19/2014. The Clerk of the Court shall mail a copy of this order to ABDUL LOVE, R1410108, STATESVILLE CORRECTIONAL CENTER, P.O. Box 112, Joliet, IL 60434. Signed by Judge Tanya S. Chutkan on 8/4/14. (lctsc1) (Entered: 08/04/2014)
2014-08-29	21	NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. DEPARTMENT OF JUSTICE. Attorney Dionne S. Shy terminated. (Shy, Dionne) (Entered: 08/29/2014)
2014-09-12	22	NOTICE of Appearance by Jodi T. George on behalf of All Defendants (George, Jodi) (Entered: 09/12/2014)
2014-09-12	23	MOTION for Extension of Time to file dispositive motion by U.S. DEPARTMENT OF JUSTICE (George, Jodi) Modified unsealed per chambers on 9/19/2014 (ztd, ). (Entered: 09/12/2014)
2014-09-19		MINUTE ORDER: Granting 23 Defendant's motion for an extension of time. Defendant's dispositive motion due by October 3, 2014. Per the Courts direction, this pleading has been unlocked and the ECF entry corrected because it was improperly filed as an ex parte motion. The Clerk of the Court shall mail a copy of this order to ABDUL LOVE, R1410108, STATESVILLE CORRECTIONAL CENTER, P.O. Box 112, Joliet, IL 60434. Signed by Judge Tanya S. Chutkan on 9/19/14. (DJS) (Entered: 09/19/2014)
2014-09-19		Set/Reset Deadlines: Dispositive Motions due by 10/3/2014. (sm) (Entered: 09/19/2014)
2014-09-22	24	MOTION for Sanctions by ABDUL LOVE (td, ) (Entered: 09/23/2014)
2014-10-02	25	MOTION for Extension of Time to File Dispositive Motion by U.S. DEPARTMENT OF JUSTICE (George, Jodi) Modified on 10/3/2014 (jf, ). (Entered: 10/02/2014)
2014-10-03		NOTICE OF ERROR re 25 Motion for Extension of Time to; emailed to jodi.george@usdoj.gov, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. same document using the (Entered: 10/03/2014)
2014-10-03	26	Memorandum in opposition to re 24 MOTION for Sanctions filed by U.S. DEPARTMENT OF JUSTICE. (George, Jodi) Modified on 10/8/2014 (jf, ). (Entered: 10/03/2014)
2014-10-09		MINUTE ORDER: Denying 24 Plaintiff's motion for sanctions; Granting 25 Defendant's Motion for an Extension of Time to File Dispositive Motion. Defendant shall file its Motion for Summary Judgment by October 24, 2014. The Court will view further requests for extensions with disfavor. The Clerk of the Court shall mail a copy of this Order to: ABDUL LOVE, R1410108, STATESVILLE CORRECTIONAL CENTER, P.O. Box 112 Joliet, IL 60434. Signed by Judge Tanya S. Chutkan on 10/9/14. (DJS) (Entered: 10/09/2014)
2014-10-21	27	Mail Returned as undeliverable. sent to Abdul Love; Type of Document Returned: Minute order filed on 9/18/14; Resent at new address: M10108 Statesville Correctional Center, PO Box 112, Joliet IL 60434. (sm) (Entered: 10/21/2014)
2014-10-23	28	MOTION for Extension of Time to File Dispositive Motion by U.S. DEPARTMENT OF JUSTICE (George, Jodi) (Entered: 10/23/2014)
2014-11-05		MINUTE ORDER: Granting 28 Motion for Extension of Time to File Dispositive Motion. The Defendant shall file its Summary Judgment motion by November 14, 2014. In light of the numerous requests for extensions, as well as this Court's admonishment to Defendant that the Court would look with disfavor on further requests for extensions, if the Defendant fails to meet the November 14, 2014 deadline, the Court intends to schedule a status conference with the Plaintiff (via telephone), Counsel for the Defense, and the head of the legal office at the agency responsible for responding to the FOIA request at issue in this case. The Clerk of the Court shall mail a copy of this Order to ABDUL LOVE, R1410108, STATESVILLE CORRECTIONAL CENTER, P.O. Box 112, Joliet, IL 60434. Signed by Judge Tanya S. Chutkan on 11/5/14. (DJS) (Entered: 11/05/2014)
2014-11-06		Set/Reset Deadlines: Summary Judgment motion due by 11/14/2014. (sm) (Entered: 11/06/2014)
2014-11-14	29	MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit A-G, # 5 Exhibit H-Vaughn Index)(George, Jodi) (Entered: 11/14/2014)
2014-11-17	30	ORDER: The plaintiff shall file his opposition or otherwise respond to the defendant's motion for summary judgment 29 by December 19, 2014. If the plaintiff does not respond by that date, the Court may treat the motion as conceded and may enter judgment for the defendant. The Clerk of the Court shall mail a copy of this order to: ABDUL LOVE, R1410108, STATESVILLE CORRECTIONAL CENTER, P.O. Box 112, Joliet, IL 60434 (See order for details). Signed by Judge Tanya S. Chutkan on 11/7/14. (DJS) (Entered: 11/17/2014)
2014-11-17	31	Memorandum in opposition to re 28 MOTION for Extension of Time to File Dispositive Motion filed by ABDUL LOVE. (td, ) (Entered: 11/19/2014)
2014-11-18		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 12/19/2014. (zsm) (Entered: 11/18/2014)
2014-12-15	32	RESPONSE re 29 MOTION for Summary Judgment filed by ABDUL LOVE. (td, ) (Entered: 12/18/2014)
2014-12-22	33	MOTION for Extension of Time to File A Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (George, Jodi) (Entered: 12/22/2014)
2015-01-07		MINUTE ORDER granting 33 Defendant's Motion for an Extension of Time to January 23, 2015, to file a reply. SO ORDERED. Signed by Judge Tanya S. Chutkan on 1/7/15.(ah) (Entered: 01/07/2015)
2015-01-07		Set/Reset Deadlines: Reply due by 1/23/2015. (sm) (Entered: 01/07/2015)
2015-01-23	34	REPLY to opposition to motion re 29 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (George, Jodi) (Entered: 01/23/2015)
2015-05-06	35	MOTION for status by ABDUL LOVE (td, ) (Entered: 05/08/2015)
2015-08-20	36	NOTICE of Change of Address by ABDUL LOVE (td) (Entered: 08/21/2015)
2015-08-26	37	ORDER granting 29 Defendant's Motion for Summary Judgment; denying as moot 35 Plaintiff's Motion for Status; entering judgment for the Defendant for the reasons stated in the Memorandum Opinion issued separately this day. Signed by Judge Tanya S. Chutkan on 8/26/15.(ah) (Entered: 08/26/2015)
2015-08-26	38	MEMORANDUM OPINION accompanying final order issued separately this day. Signed by Judge Tanya S. Chutkan on 8/26/15.(ah) (Entered: 08/26/2015)
Hide Docket Events