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Case TitleDEAN v. UNITED STATES DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv00715
Date Filed2014-04-08
Date Closed2015-10-30
JudgeJudge Amit P. Mehta
PlaintiffJESSE JEROME DEAN, JR.
Case DescriptionJesse Dean, a federal prisoner, submitted a FOIA request to the Drug Enforcement Administration for a cooperating individual agreement. The agency invoked a Glomar response neither confirming nor denying the existence of the records. Dean then filed suit.
Complaint issues: Determination - Glomar response

DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantUNITED STATES DRUG ENFORCEMENT ADMINISTRATION
DefendantPRISCILLA JONES Supervisory Administrative Specialist, U.S. Department of Justice - Office of Information Policy
DefendantKATHERINE L. MYRICK Chief, U.S. Drug Enforcement Administration - FOI/Records Management Section
AppealD.C. Circuit 16-5137
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [31]
FOIA Project Annotation: Judge Amit Mehta has ruled that the DEA cannot invoke a Glomar response neither confirming nor denying the existence of a DEA Form 473 pertaining to a cooperating witness agreement because the existence of the record was publicly disclosed at Jesse Dean's trial. Dean requested the Form 473 and the DEA refused to confirm or deny its existence. Dean argued that the U.S. Attorney at his trial had introduced the form on at least two occasions. Mehta agreed. He noted that "the testimony presented supports Plaintiff's assertion that the requested document exists, and Defendants have not questioned the transcripts' authenticity. Here, Plaintiff has carried his burden to show the existence of the Form 473, and Defendant has failed to demonstrate entitlement to summary judgment on their Glomar response."
Issues: Determination - Glomar response
Opinion/Order [44]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-04-081COMPLAINT against PRISCILLA JONES, KATHERINE L. MYRICK, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DRUG ENFORCEMENT ADMINISTRATION (Filing fee $ 0.00) filed by JESSE JEROME DEAN, JR. (Attachments: # 1 Civil Cover Sheet)(rc) (Entered: 04/25/2014)
2014-04-08SUMMONS (6) Issued as to PRISCILLA JONES, KATHERINE L. MYRICK, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DRUG ENFORCEMENT ADMINISTRATION, U.S. Attorney and U.S. Attorney General. (rc) (Entered: 04/25/2014)
2014-04-082MOTION for Leave to Proceed in forma pauperis by JESSE JEROME DEAN, JR. (rc) (Entered: 04/25/2014)
2014-04-083PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by JESSE JEROME DEAN, JR. (rc) (Entered: 04/25/2014)
2014-04-084ORDER directing an initial partial filing fee in the amount of $25.66 to the Clerk of the United States District Court for the District of Columbia from Prison Account of JESSE JEROME DEAN, JR. It is further ordered that the plaintiff's application to proceed in forma pauperis 2 is granted. Signed by Judge Rosemary M. Collyer on 04/08/2014. (rc) (Entered: 04/25/2014)
2014-04-255ORDER Establishing Procedures for Filing for Cases Assigned to Judge Colleen Kollar-Kotelly, signed on April 25, 2014. (SM) (Entered: 04/25/2014)
2014-05-166MOTION for Order to have Marshals' Office serve plaintiff's complaint by JESSE JEROME DEAN, JR (td, ) (Entered: 05/19/2014)
2014-05-287RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KATHERINE L. MYRICK served on 5/15/2014 (td, ) (Entered: 05/28/2014)
2014-05-30MINUTE ORDER denying as moot 6 Plaintiff's motion for an order directing service of process by the U.S. Marshal, inasmuch as plaintiff has been granted leave to proceed in forma pauperis and the docket shows that the requested service is underway pursuant to 28 U.S.C. § 1915(d). SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 5/30/14.(ah) (Entered: 05/30/2014)
2014-06-198RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 6/13/2014 (td, ) (Entered: 06/19/2014)
2014-06-199RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/13/14; (See docket entry no. 8 to view) (td, ) (Entered: 06/19/2014)
2014-06-2510RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/16/2014. Answer due for ALL FEDERAL DEFENDANTS by 7/16/2014. (td, ) (Entered: 06/26/2014)
2014-07-1511MOTION for Extension of Time to Respond to Complaint by PRISCILLA JONES, KATHERINE L. MYRICK, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DRUG ENFORCEMENT ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Batra, Shuchi) (Entered: 07/15/2014)
2014-07-31MINUTE ORDER granting 11 Defendants' Motion for an Extension of Time to August 22, 2014, to respond to the complaint. SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 7/31/14.(ah) (Entered: 07/31/2014)
2014-08-2112MOTION for Extension of Time to Respond to Complaint by PRISCILLA JONES, KATHERINE L. MYRICK, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DRUG ENFORCEMENT ADMINISTRATION (Attachments: # 1 Text of Proposed Order)(Batra, Shuchi) (Entered: 08/21/2014)
2014-09-02MINUTE ORDER granting nunc pro tunc 12 Defendants' Motion for an Extension of Time to October 17, 2014, to file a summary judgment motion since defendants represent in the motion that they anticipate filing a declaration. SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 9/2/14.(ah) (Entered: 09/02/2014)
2014-09-02Set/Reset Deadlines: Defendants' Summary Judgment motion due by 10/17/2014. (dot ) (Entered: 09/08/2014)
2014-10-1013ENTERED IN ERROR.....NOTICE of Appearance by Eric Joseph Young on behalf of All Defendants (Young, Eric) Modified on 10/14/2014 (znmw, ). (Entered: 10/10/2014)
2014-10-14NOTICE OF ERROR re 13 Notice of Appearance; emailed to eric.young2@usdoj.gov, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect document/case, 2. Please refile document, 3. Entered in error; Incorrect document attached; Please refile. (znmw, ) (Entered: 10/14/2014)
2014-10-1414NOTICE OF SUBSTITUTION OF COUNSEL by Eric Joseph Young on behalf of All Defendants Substituting for attorney Shuchi Batra (Young, Eric) (Entered: 10/14/2014)
2014-10-1415NOTICE of Change of Address by JESSE JEROME DEAN, JR (td, ) (Entered: 10/15/2014)
2014-10-1716MOTION for Summary Judgment by PRISCILLA JONES, KATHERINE L. MYRICK, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DRUG ENFORCEMENT ADMINISTRATION (Attachments: # 1 Statement of Facts, # 2 Declaration Myrick Declaration with Exhibits, # 3 Declaration Myrick Supplemental Declaration, # 4 Text of Proposed Order)(Young, Eric) (Entered: 10/17/2014)
2014-10-2017Order advising plaintiff to respond by December 1, 2014, to defendants' motion for summary judgment or risk entry of judgment for the defendants on what will be treated as a conceded motion (see attached order for details). Signed by Judge Colleen Kollar-Kotelly on 10/20/14.(ah) (Entered: 10/20/2014)
2014-10-20Set/Reset Deadlines: Plaintiff's Response due by 12/1/2014. (dot ) (Entered: 10/21/2014)
2014-10-2718MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment by JESSE JEROME DEAN, JR (td, ) (Entered: 10/29/2014)
2014-10-3119RESPONSE re 16 MOTION for Summary Judgment filed by JESSE JEROME DEAN, JR. (td, ) (Entered: 11/05/2014)
2014-10-3120MOTION for Summary Judgment by JESSE JEROME DEAN, JR; (See docket entry no. 19 to view document) (td, ) (Entered: 11/05/2014)
2014-11-0321Memorandum in opposition to re 16 MOTION for Summary Judgment filed by JESSE JEROME DEAN, JR. (td, ) (Entered: 11/05/2014)
2014-11-05MINUTE ORDER denying as moot 18 Plaintiff's Motion for a 30-day Extension of Time to oppose the defendants' dispositive motion. Pursuant to the October 20, 2014 Order, the plaintiff's response is not due until December 1, 2014, which is beyond his requested deadline. SO ORDERED. Signed by Judge Colleen Kollar-Kotelly on 11/5/14.(ah) (Entered: 11/05/2014)
2014-11-0622SUPPLEMENTAL MEMORANDUM filed by JESSE JEROME DEAN, JR. (td, ) (Entered: 11/10/2014)
2014-11-1323ENTERED IN ERROR....REPLY to opposition to motion re 16 MOTION for Summary Judgment , 20 MOTION for Summary Judgment Combined Opposition to Plaintiff's Motion for Summary Judgment and Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment filed by PRISCILLA JONES, KATHERINE L. MYRICK, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DRUG ENFORCEMENT ADMINISTRATION. (Young, Eric) Modified on 11/13/2014 (rdj). (Entered: 11/13/2014)
2014-11-13NOTICE OF CORRECTED DOCKET ENTRY: re 23 Reply to opposition to Motion, was entered in error at the request of counsel and counsel will refile said pleading. (rdj) (Entered: 11/13/2014)
2014-11-1324REPLY to opposition to motion re 16 MOTION for Summary Judgment Combined Opposition to Plaintiff's Motion for Summary Judgment and Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment filed by PRISCILLA JONES, KATHERINE L. MYRICK, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DRUG ENFORCEMENT ADMINISTRATION. (Young, Eric) Modified link on 11/14/2014 (znmw, ). (Entered: 11/13/2014)
2014-11-1325Memorandum in opposition to re 20 MOTION for Summary Judgment filed by PRISCILLA JONES, KATHERINE L. MYRICK, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DRUG ENFORCEMENT ADMINISTRATION. (See Docket Entry 24 to view document). (znmw, ) (Entered: 11/14/2014)
2014-11-2126SUPPLEMENTAL Persuasive Authority filed by JESSE JEROME DEAN, JR. (td, ) (Entered: 11/24/2014)
2014-11-2527REPLY to opposition to motion re 20 MOTION for Summary Judgment filed by JESSE JEROME DEAN, JR. (td, ) (Entered: 11/26/2014)
2014-11-2528SURREPLY to re 24 Reply to opposition to Motion filed by JESSE JEROME DEAN, JR. (See Docket Entry 27 to view document). (td, ) Modified on 12/1/2014 (znmw, ). (Entered: 11/26/2014)
2014-12-2229Mail Returned as undeliverable. Sent to Jesse Dean: Type of Document Returned: Docket Sheet; Resent at new address: REFUSED UNABLE TO FORWARD. (dot ) (Entered: 12/22/2014)
2014-12-24Case randomly reassigned to Judge Amit P. Mehta. Judge Colleen Kollar-Kotelly no longer assigned to the case. (gt, ) (Entered: 12/24/2014)
2015-04-0230MOTION to Take Judicial Notice by JESSE JEROME DEAN, JR (rdj) (Entered: 04/03/2015)
2015-04-1031MEMORANDUM OPINION AND ORDER re: 16 Defendants' Motion for Summary Judgment, 20 Plaintiff's Motion for Summary Judgment, and 30 Plaintiff's Motion for the Court to Take Judicial Notice. Signed by Judge Amit P. Mehta on 04/10/2015. (lcapm3) (Entered: 04/10/2015)
2015-05-0432Second MOTION for Summary Judgment by PRISCILLA JONES, KATHERINE L. MYRICK, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DRUG ENFORCEMENT ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Declaration of Jeffery Green, # 4 Text of Proposed Order)(Young, Eric) (Entered: 05/04/2015)
2015-05-0533Order advising plaintiff to respond by June 15, 2015, to the defendants' motion for summary judgment or risk entry of judgment for the defendants on what will be treated as a conceded motion (see attached order for details). Signed by Judge Amit P. Mehta on 5/5/15.(ah) (Entered: 05/05/2015)
2015-05-05Set/Reset Deadlines/Hearings: Response to Motion for Summary Judgment due by 6/15/2015. (cdw) (Entered: 05/06/2015)
2015-05-1434Application for Costs by JESSE JEROME DEAN, JR (rdj) (Entered: 05/15/2015)
2015-05-2135Memorandum in opposition to re 34 MOTION Application for Costs filed by PRISCILLA JONES, KATHERINE L. MYRICK, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DRUG ENFORCEMENT ADMINISTRATION. (Young, Eric) (Entered: 05/21/2015)
2015-06-0436Memorandum in opposition to re 32 Second MOTION for Summary Judgment filed by JESSE JEROME DEAN, JR. (rdj) (Entered: 06/08/2015)
2015-06-0937REPLY to opposition to motion re 32 Second MOTION for Summary Judgment filed by PRISCILLA JONES, KATHERINE L. MYRICK, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DRUG ENFORCEMENT ADMINISTRATION. (Young, Eric) (Entered: 06/09/2015)
2015-06-1138REPLY to opposition re 34 Application for Costs filed by JESSE JEROME DEAN, JR. (zrdj) (Entered: 06/12/2015)
2015-06-2239Final Remarks by JESSE JEROME DEAN, JR (zrdj) (Entered: 06/24/2015)
2015-06-2940MOTION to Take Judicial Notice by JESSE JEROME DEAN, JR (zrdj) (Entered: 06/30/2015)
2015-08-0641Final Costs by JESSE JEROME DEAN, JR (zrdj) (Entered: 08/07/2015)
2015-10-0842MOTION to Take Judicial Notice by JESSE JEROME DEAN, JR (zrdj) (Entered: 10/09/2015)
2015-10-1243NOTICE OF SUBSTITUTION OF COUNSEL by Caitlin O'Leary Trujillo on behalf of All Defendants Substituting for attorney Eric Young (Trujillo, Caitlin) (Entered: 10/12/2015)
2015-10-3044MEMORANDUM OPINION re: 32 Defendants' Motion for Summary Judgment. A separate Order accompanies this Memorandum Opinion. Signed by Judge Amit P. Mehta on 10/30/2015. (lcapm3) (Entered: 10/30/2015)
2015-10-3045ORDER dismissing 1 Plaintiff's Complaint. Signed by Judge Amit P. Mehta on 10/30/2015. (lcapm3) (Entered: 10/30/2015)
2015-11-1646MOTION for Reconsideration re 45 Order, 44 Memorandum & Opinion by JESSE JEROME DEAN, JR (zrdj) (Entered: 11/20/2015)
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