Case Detail

FOIA Project Annotation: Judge Amy Berman Jackson has ruled that EOUSA properly withheld information about stenographic services in use in the Southern District of Florida during the time in which James Henderson was tried and convicted under Exemption 6 (invasion of privacy), but that the information did not qualify as a law enforcement record under Exemption 7(C) (invasion of privacy concerning law enforcement records). Finding that the agency had conducted an adequate search, Jackson rejected Henderson's claim that it failed to search for grand jury records. Jackson pointed out that "the EOUSA is obligated to construe plaintiff's FOIA request liberally. But plaintiff's request does not mention grand jury materials, and even a liberal interpretation of the request would not have prompted the EOUSA to search for grand jury materials. In this case, the EOUSA was 'able to determine precisely what records are being requested.'" Jackson found the stenographic records did not qualify as law enforcement records. She noted that the agency's "general explanation [of law enforcement records] does not necessarily apply to the narrow set of records sought here, since the connection to the investigation is highly attenuated. The responsive records pertain to litigation expenses and were maintained in an 'expense file.' Nothing in the EOUSA's supporting declarations suggests that this expense information was found in a criminal case file. Notwithstanding the apparent connection between stenographic services and the EOUSA's law enforcement function in prosecuting plaintiff's criminal case, it cannot be said that these expense-related records fall within the scope of Exemption 7." Nevertheless, Jackson found the redactions fell under Exemption 6. She observed that "the parties do not dispute that the third parties mentioned in the responsive records have a privacy interest in their personal information, and that their privacy interest is substantial. . .Although this argument is less compelling in this instance because the relevant records were not compiled for law enforcement purposes, it is apparent that the third parties' privacy interest is greater than de minimis."
Issues: Exemption 7 - Law enforcement records, Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2014-11-25	1	COMPLAINT against ERIC H. HOLDER, JR, UNITED STATES DEPARTMENT OF JUSTICE (Filing fee $ 0.00) filed by JAMES M. HENDERSON. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 12/03/2014)
2014-11-25		SUMMONS (3) Issued as to ERIC H. HOLDER, JR, UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 12/03/2014)
2014-11-25	2	MOTION for Leave to Proceed in forma pauperis by JAMES M. HENDERSON (jf, ) (Entered: 12/03/2014)
2014-11-25	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by JAMES M. HENDERSON (jf, ) (Entered: 12/03/2014)
2014-11-25	4	ORDER directing an initial partial filing fee in the amount of $7.37 from Prison Account of James M. Henderson; further ordered, granting 2 MOTION for Leave to Proceed in forma pauperis. Signed by Judge Rudolph Contreras on 11/21/2014. (see order for details) (jf, ) (Entered: 12/03/2014)
2014-12-12	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ERIC H. HOLDER, JR served on 12/5/2014; UNITED STATES DEPARTMENT OF JUSTICE served on 12/5/2014 (jf, ) (Entered: 12/15/2014)
2015-01-07	6	NOTICE by JAMES M. HENDERSON. "Leave to file GRANTED" signed by Judge Amy B. Jackson on 01/05/2015 (jf, ) (Entered: 01/07/2015)
2015-02-24	7	MOTION for Leave to submit documentation of FOIA request and appeal by JAMES M. HENDERSON (jf, ) (Entered: 02/25/2015)
2015-02-27		MINUTE ORDER: Plaintiff's 7 Motion for Leave to File is granted, and the submission is construed as a supplemental pleading. Signed by Judge Amy Berman Jackson on 2/26/15. (ms, ) (Entered: 02/27/2015)
2015-02-27		SUMMONS REISSUED as to U.S. Attorney. (md, ) (Entered: 02/27/2015)
2015-04-02	8	NOTICE of Appearance by Jesse Dyer Stewart on behalf of ERIC H. HOLDER, JR, UNITED STATES DEPARTMENT OF JUSTICE (Stewart, Jesse) (Entered: 04/02/2015)
2015-04-07	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/6/2015. Answer due for ALL FEDERAL DEFENDANTS by 5/6/2015. (jf, ) (Entered: 04/08/2015)
2015-05-05	10	ANSWER to 1 Complaint by ERIC H. HOLDER, JR, UNITED STATES DEPARTMENT OF JUSTICE.(Stewart, Jesse) (Entered: 05/05/2015)
2015-05-11	11	ORDER that defendant file on or before June 8, 2015 a dispositive motion or, in the alternative, a report setting forth the schedule for document production to plaintiff. See ORDER for details. Signed by Judge Amy Berman Jackson on 5/11/15. (DMK) (Entered: 05/11/2015)
2015-05-11		Set/Reset Deadlines: Dispositive Motion due by 6/8/2015. (zsm) (Entered: 05/11/2015)
2015-06-05	12	MOTION for Summary Judgment by JAMES M. HENDERSON. "Leave to file as Plaintiff's Motion for Summary Judgment" signed by Judge Amy B. Jackson on 06/5/2015 (jf) (Entered: 06/08/2015)
2015-06-08	13	MOTION for Summary Judgment by ERIC H. HOLDER, JR, UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of Mr. Vinay Jolly, # 2 Declaration of Ms. Maritza Cuadros, # 3 Statement of Facts, # 4 Text of Proposed Order)(Stewart, Jesse) (Entered: 06/08/2015)
2015-06-09	14	Order advising plaintiff to respond by 7/10/2015 to defendants' 13 Motion for Summary Judgment, or Court may treat the motion as conceded. Signed by Judge Amy Berman Jackson on 6/9/15. (psc) (Entered: 06/09/2015)
2015-06-22	15	Memorandum in opposition to re 12 MOTION for Summary Judgment filed by ERIC H. HOLDER, JR, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Stewart, Jesse) (Entered: 06/22/2015)
2015-06-26	16	MOTION for Extension of Time to file a response by JAMES M. HENDERSON (jf) (Entered: 06/29/2015)
2015-06-29		MINUTE ORDER: Plaintiff's 16 Motion for Extension of Time is granted, and his opposition to defendants' motion for summary judgment is due by August 10, 2015. Signed by Judge Amy Berman Jackson on 6/29/15. (psc) (Entered: 06/29/2015)
2015-06-29		Set/Reset Deadlines: Plaintiff's Opposition to Defendants' Motion for Summary Judgment is due by 8/10/2015. (jth) (Entered: 06/29/2015)
2015-07-06	17	RESPONSE re 13 MOTION for Summary Judgment filed by JAMES M. HENDERSON. (jf) (Entered: 07/08/2015)
2015-07-06	18	MOTION for release of grand jury minutes or immediate release from custody by JAMES M. HENDERSON (jf) (Entered: 07/08/2015)
2015-07-09	19	SUPPLEMENT to re 17 Response to motion filed by JAMES M. HENDERSON. (jf) (Entered: 07/10/2015)
2015-07-10		MINUTE ORDER: Plaintiff brought this action to challenge Defendant's response to his Freedom of Information Act request for the release of grand jury minutes and transcripts, and he has already moved for summary judgment on his claims seeking those materials. Because this matter will be addressed by the Court when it considers the parties' cross-motions for summary judgment, which are still being briefed, plaintiff's recent motion for release of the same grand jury minutes and transcripts 18 is duplicative and unnecessary, and it will be denied without prejudice at this time. Signed by Judge Amy Berman Jackson on 7/8/15. (ms) (Entered: 07/10/2015)
2015-07-13	20	JUDICIAL NOTICE by JAMES M. HENDERSON (jf) (Entered: 07/15/2015)
2015-07-15	21	REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by ERIC H. HOLDER, JR, UNITED STATES DEPARTMENT OF JUSTICE. (Stewart, Jesse) (Entered: 07/15/2015)
2015-07-30	22	SUPPLEMENT to re 21 REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by JAMES M. HENDERSON. (jf) (Entered: 07/31/2015)
2015-09-30	23	NOTICE OF SUBSTITUTION OF COUNSEL by Wyneva Johnson on behalf of ERIC H. HOLDER, JR, UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Jesse D. Stewart (Johnson, Wyneva) (Entered: 09/30/2015)
2015-10-16	24	RESPONSE re 23 Substitution of Counsel filed by JAMES M. HENDERSON. (jf) (Entered: 10/20/2015)
2015-10-19	25	MOTION for Sanctions by JAMES M. HENDERSON (jf) (Entered: 10/20/2015)
2015-10-20		MINUTE ORDER: Plaintiff objects to defendant's Notice of Substitution of Counsel [ECF No. 23] on the ground that the "change of counsel... is another attempt to stall these proceedings." Notice of Objection of Substitution of Counsel [ECF No. 24] at 1; see Motion for a Time-Line for Completion and for Sanctions Against Defendants [ECF No. 25] 3. Substitution of counsel is not a basis for entering judgment in plaintiff's favor in this FOIA case or for granting his immediate release from custody. At this stage of the proceedings, the substitution of counsel neither delays the resolution of this case nor warrants the imposition of sanctions. The parties' motions for summary judgment [ECF Nos. 12-13] are fully briefed, ripe for resolution and under advisement. And because plaintiff has submitted more filings [ECF Nos. 19-20, 22] than the Federal Rules of Civil Procedure ordinarily allow, plaintiff shall not file any further pleading unless the Court orders him to do so. It is hereby ordered that plaintiff's 25 Motion for Sanctions is denied. Signed by Judge Amy Berman Jackson on 10/20/15. (ms) (Entered: 10/20/2015)
2015-12-16	26	NOTICE of Change of Address by JAMES M. HENDERSON (jf) (Entered: 12/17/2015)
2016-01-29	27	MEMORANDUM AND OPINION. Signed by Judge Amy Berman Jackson on 1/29/16. (ms) (Entered: 01/29/2016)
2016-01-29	28	ORDER denying 12 plaintiff's Motion for Summary Judgment and granting 13 defendants' Motion for Summary Judgment. This is a final appealable Order. Signed by Judge Amy Berman Jackson on 1/29/16. (ms) (Entered: 01/29/2016)
Hide Docket Events