Case Detail

FOIA Project Annotation: A federal court in West Virginia has ruled that U.S. Customs and Border Protection so far has failed to justify its response to Dennis Murphy's request for records concerning an EEO complaint he filed against the agency. More than ten months after requesting the records, Murphy filed suit. The agency located 146 documents, but withheld 116 pages entirely and heavily redacted many of the remaining pages. Ordering the agency to provide a Vaughn index explaining its decision to withhold records, the court observed that "here, the Plaintiff has yet to be provided with any explanation for why information was redacted or withheld. The letter the Defendant claims provided such an explanation is far from sufficient, stating only that a specialist reviewed the responsive documents and deemed 116 of them (together with portions of the remaining 30) subject to one of four exemptions." The court added that "in this case, the Defendant has not submitted the subject documents for review and has provided a single declaration devoid of detail. Because the Defendant has provided only conclusory and generalized allegations of exemptions, without any supporting information, the Court cannot find that the Defendant is entitled to summary judgment in its favor. For the same reasons, the Court finds that the Defendant must submit a Vaughn index."
Issues: Litigation - Vaughn index

FOIA Project Annotation: A federal court in West Virginia has ruled that U.S. Customs and Border Protection has now conducted an adequate search for records concerning Dennis Murphy's equal employment opportunity complaint, but that the agency has not provided sufficient information in its Vaughn index to allow the court to assess its exemption claims. Murphy, a security guard at the CBP facility at Harper's Ferry, requested records concerning his EEO complaint. The agency's first search located 146 pages of records. The court found the agency's first search inadequate. The agency's second search located 269 pages. Finding the second search sufficient, the court pointed out that the agency's Vaughn index did not sufficiently explain its exemption claims. The court also noted that the document numbers listed in the Vaughn index were missing from the accompanying documents. The court observed that "accordingly, it is not possible for the Court to undertake any meaningful review of the provided index and documents because it is entirely unclear which entries correspond to what documents."
Issues: Search - Detailed description of search

Date Filed	Doc #	Docket Text
2015-12-04	1	COMPLAINT against U. S. Customs and Border Protection filed by Dennis Finbarr Murphy. (Attachments: # 1 Civil Cover Sheet)(njz) hand delivered at counter (Entered: 12/04/2015)
2015-12-04	2	Filing fee: $ 400.00, receipt number WVNM000837 (njz) (Entered: 12/04/2015)
2015-12-04	4	SUMMONS Returned Executed as to U. S. Customs and Border Protection served on 12/4/2015. (njz) (Entered: 12/04/2015)
2015-12-04	5	NOTICE of General Guidelines for Appearing Pro Se In Federal Court. (njz) copy mailed to pro se pla. via cert. return rec't mail (Additional attachment(s) added on 12/4/2015: # 1 Certified Mail Return Receipt) (njz). (Entered: 12/04/2015)
2015-12-10	6	RETURN RECEIPT as to 5 NOTICE of General Guidelines for Appearing Pro Se In Federal Court. SERVICE ACCEPTED on 12/8/2015 per USPO website. (cwm) (Entered: 12/10/2015)
2015-12-14	7	LETTER from Dennis Murphy to Mr. Bryan Luby regarding 1 Complaint filed by Dennis Finbarr Murphy. (Attachments: # 1 Letter, # 2 Envelope)(cwm) (Entered: 12/14/2015)
2016-02-19	8	ORDER TO SHOW CAUSE. Plaintiff has 21 days upon receipt of this Order to return proof of proper execution of the summonses. Signed by Chief Judge Gina M. Groh on 2/19/2016. Copy sent certified mail, return receipt to pro se Plaintiff.(tlg) (Additional attachment(s) added on 2/19/2016: # 1 Certified Mail Return Receipt) (tlg). (Entered: 02/19/2016)
2016-02-25	9	RETURN RECEIPT as to 8 Order to Show Cause. SERVICE ACCEPTED on 2/23/2016. (cwm) (Entered: 02/25/2016)
2016-03-03	11	SUMMONS Reissued Returned Executed as to U. S. Customs and Border Protection and USA NDWV both served on 2/29/2016. (cwm) (Entered: 03/03/2016)
2016-03-04	12	LITIGATION HOLD NOTICE filed by Dennis Finbarr Murphy. (cwm) (Entered: 03/04/2016)
2016-03-21	13	SUMMONS Reissued Returned Executed as to U. S. Customs and Border Protection (Commissioner Kerlikowske) served on 03/07/2016. (cwm) (Entered: 03/21/2016)
2016-03-30	14	MOTION to Dismiss for Insufficient Service of Process by U. S. Customs and Border Protection. (Attachments: # 1 Memorandum in Support)(Reisenweber, Erin) (Entered: 03/30/2016)
2016-04-04	15	ROSEBORO NOTICE re: 14 MOTION to Dismiss for Insufficient Service of Process filed by U.S. Customs and Border Protection. Within twenty-one (21)days from the entry of this Order, the pro se party shall file any opposition addressing why this case should not be dismissed. Signed by Chief Judge Gina M. Groh on 4/4/2016. Copy mailed to pro se plaintiff by CMRR. (cwm) (Additional attachment(s) added on 4/4/2016: # 1 Certified Mail Return Receipt) (cwm). (Entered: 04/04/2016)
2016-04-07	16	PLAINTIFF'S RESPONSE TO THE DEFENDANT'S MOTION TO DISMISS FOR INSUFFICIENT SERVICE OF PROCESS re: 14 MOTION to Dismiss for Insufficient Service of Process filed by Dennis Finbarr Murphy. Document hand delivered by plaintiff. (cwm) (Entered: 04/07/2016)
2016-04-07	17	SUMMONS Returned Executed as to (US Attorney General) re: U. S. Customs and Border Protection on 04/06/2016. (cwm) (Entered: 04/07/2016)
2016-04-07	18	Letter from Michael J. Yeager to The Honorable Shelley Moore Capito - Supplemental Document re: 7 Letter filed by Dennis Finbarr Murphy. Document hand delivered by plaintiff. (cwm) (Entered: 04/07/2016)
2016-04-11	19	RETURN RECEIPT as to 15 Roseboro Notice. SERVICE ACCEPTED on 4/7/2016 per USPS website. (cmd) (Entered: 04/11/2016)
2016-05-20	20	ORDER DENYING DEFENDANTS MOTION TO DISMISS FOR INSUFFICIENT SERVICE OF PROCESS denying 14 MOTION to Dismiss for Insufficient Service of Process by U. S. Customs and Border Protection. Signed by Chief Judge Gina M. Groh on 5/20/2016. Copy mailed to pro se plaintiff by CMRR. (cwm) (Additional attachment(s) added on 5/20/2016: # 1 Certified Mail Return Receipt) (cwm). (Entered: 05/20/2016)
2016-05-25	21	RETURN RECEIPT as to 20 Order on Motion to Dismiss. SERVICE ACCEPTED on 5/23/2016 as per USPS website. (tlg) (Entered: 05/25/2016)
2016-06-03	22	MOTION for Summary Judgment by U. S. Customs and Border Protection. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit)(Reisenweber, Erin) (Entered: 06/03/2016)
2016-06-06	23	ROSEBORO NOTICE: re: 22 MOTION for Summary Judgment filed by U.S. Customs and Border Protection. Within twenty-one (21) days of receipt of this Order, the pro se party shall file any opposition to the motion. Signed by Chief Judge Gina M. Groh on 6/6/2016. Copy mailed to pro se plaintiff by CMRR. (cwm) (Additional attachment(s) added on 6/6/2016: # 1 Certified Mail Return Receipt) (cwm). (Entered: 06/06/2016)
2016-06-10	24	Plaintiff's Opposition to Defendant's Motion for Summary Judgment re: 22 MOTION for Summary Judgment filed by Dennis Finbarr Murphy. Document hand delivered by plaintiff. (cwm) (Entered: 06/10/2016)
2016-06-13	25	Plaintiff's Motion for an Order to Compel Production of Documents Requested under FOIA and for a Detailed Vaughn Index by Dennis Finbarr Murphy. (Attachment: # 1 Text of Proposed Order) Hand delivered by plaintiff. (cwm) (Entered: 06/13/2016)
2016-06-20	26	REPLY to Response to Motion re 22 MOTION for Summary Judgment , 25 MOTION to Compel filed by U. S. Customs and Border Protection. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Reisenweber, Erin) (Entered: 06/20/2016)
2016-06-24	27	Plaintiff's Motion for an In Camera Inspection of Documents by Dennis Finbarr Murphy. Document hand delivered by plaintiff. (cwm) (Entered: 06/24/2016)
2016-07-01	28	PLAINTIFF'S AMENDED MOTION re 27 Plaintiff's Motion for an In Camera Inspection of Documents, by Dennis Finbarr Murphy. (Attachments: # 1 Exhibit emails). Pleading was hand-delivered.(tlg) (Entered: 07/01/2016)
2016-07-27	29	RESPONSE to Motion re 28 MOTION re 27 MOTION Plaintiff's Motion for an In Camera Inspection of Documents filed by U. S. Customs and Border Protection. (Reisenweber, Erin) (Entered: 07/27/2016)
2016-08-05	30	MEMORANDUM OPINION AND ORDER DENYING DEFENDANTS MOTION FOR SUMMARY JUDGMENT, GRANTING PLAINTIFFS REQUEST FOR A VAUGHN INDEX AND DENYING WITHOUT PREJUDICE PLAINTIFFS REQUEST FOR AN IN CAMERA REVIEW: denying 22 Motion for Summary Judgment; granting in part 25 Motion to Compel; denying without prejudice 27 Motion for an In Camera Inspection of Documents; denying without prejudice 28 Amended Motion for an In Camera Inspection of Documents. U. S. Customs and Border Protection answer due 9/2/2016. The Defendant must submit a Vaughn index by September 2, 2016. The Vaughn index must be filed on the docket in this case and must be delivered to the pro se Plaintiff by mail at his physical address. The parties must submit any motions for summary judgment by September 30, 2016. Any response in opposition to an opposing partys motion for summary judgment must be filed by October 28, 2016. The parties may file any reply in support of a motion for summary judgment by November 10, 2016. Signed by Chief Judge Gina M. Groh on 8/5/16. (njz) copy mailed to pro se pla via cert. return rec't mail (Additional attachment(s) added on 8/8/2016: # 1 Certified Mail Return Receipt) (njz). (Entered: 08/05/2016)
2016-08-08	31	ANSWER to 1 Complaint by U. S. Customs and Border Protection.(Reisenweber, Erin) (Entered: 08/08/2016)
2016-08-10	32	RETURN RECEIPT as to 30 MEMORANDUM OPINION AND ORDER DENYING DEFENDANTS MOTION FOR SUMMARY JUDGMENT, GRANTING PLAINTIFFS REQUEST FOR A VAUGHN INDEX AND DENYING WITHOUT PREJUDICE PLAINTIFFS REQUEST FOR AN IN CAMERA REVIEW. SERVICE ACCEPTED on 08/08/2016 per USPO website. (cwm) (Entered: 08/10/2016)
2016-08-31	33	MOTION for Extension of Time to File Vaughn Index by U. S. Customs and Border Protection. (Reisenweber, Erin) (Entered: 08/31/2016)
2016-09-01	34	ORDER GRANTING IN PART DEFENDANT'S MOTION FOR EXTENSION OF TIME TO FILE VAUGHN INDEX: Defendant's 33 Motion for Extension of Time is hereby GRANTED IN PART. The Defendant shall submit the Vaughn index by September 16, 2016. The other deadlines given by the Court in its previous 30 Order shall remain in effect. Signed by Chief Judge Gina M. Groh on 9/1/2016. Copy mailed to pro se plaintiff by CMRR. (cwm) (Additional attachment(s) added on 9/1/2016: # 1 Certified Mail Return Receipt) (cwm). (Entered: 09/01/2016)
2016-09-06	35	PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION FOR EXTENSION OF TIME TO FILE VAUGHN INDEX re: 33 MOTION for Extension of Time to File Vaughn Index filed by Dennis Finbarr Murphy. Pleading was hand-delivered. (cwm) (Entered: 09/06/2016)
2016-09-08	36	RETURN RECEIPT as to 34 Order on Motion for Extension of Time to File. SERVICE ACCEPTED on 9/6/16 per USPS. (njz) (Entered: 09/08/2016)
2016-09-16	37	NOTICE by U. S. Customs and Border Protection of Filing of Vaughn Index and Supporting Declaration (Attachments: # 1 Vaughn Index, # 2 Declaration, # 3 Attachment A, # 4 Attachment B, # 5 Attachment C)(Reisenweber, Erin) (Entered: 09/16/2016)
2016-09-22	38	Plaintiff's MOTION Re-Requesting an In Camera Inspection of Documents or in Alternative Request for a Hearing by Dennis Finbarr Murphy. Pleading was hand-delivered. (cwm) (Entered: 09/22/2016)
2016-09-29	39	MOTION for Extension of Time to File Motion for Summary Judgment by U. S. Customs and Border Protection. (Reisenweber, Erin) (Entered: 09/29/2016)
2016-09-30	40	PAPERLESS ORDER: On September 29, 2016, the Government filed a motion seeking an extension of time to file its motion for summary judgment. The Government requests to file its motion by October 4, 2016, rather than the September 30, 2016 date set by the Court. In support, the Government avers that it has been busy with hearings and trial preparation in other matters. Upon review, the Government's 39 Motion for Extension of Time to File Motion for Summary Judgment is hereby GRANTED. Motions for Summary Judgment shall now be due by October 4, 2016. Signed by Chief Judge Gina M. Groh on September 30, 2016.(wlb) (Entered: 09/30/2016)
2016-10-02	41	MOTION for Summary Judgment and Memorandum in Support by U. S. Customs and Border Protection. (Attachments: # 1 Memorandum in Support)(Reisenweber, Erin) (Entered: 10/02/2016)
2016-10-06	42	PLAINTIFF'S MOTION FOR AN ORDER TO COMPEL PRODUCTION OF SECURITY CAMERA FOOTAGE TWICE REQUIRED UNDER FOIA AND PLAINTIFF'S OPPOSITION TO 14 DEFENDANT'S MOTION FOR SUMMARY JUDGMENT by Dennis Finbarr Murphy. (cwm) Modified: Pleading was hand-delivered on 10/6/2016 (cwm). (Entered: 10/06/2016)
2016-10-11	43	RETURN RECEIPT as to 40 PAPERLESS ORDER. SERVICE ACCEPTED on 10/06/2016 per USPO website. (cwm) (Entered: 10/11/2016)
2017-01-23	44	MEMORANDUM OPINION AND ORDER DENYING DEFENDANT'S SECOND MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF'S MOTION RE-REQUESTING AN IN CAMERA INSPECTION: the Court ORDERS that the Defendant's 41 second Motion for Summary Judgment is DENIED. The Plaintiff's 38 Motion Re-Requesting an In Camera Inspection of Documents is GRANTED. The Court ORDERS the Defendant to submit the responsive documents for an in camera review before February 10, 2017. Signed by Chief Judge Gina M. Groh on 1/23/2017. (cwm) Modified: copy mailed to pro se plaintiff by CMRR on 1/23/2017 (cwm). (Additional attachment(s) added on 1/23/2017: # 1 Certified Mail Return Receipt) (cwm). (Entered: 01/23/2017)
2017-01-25	45	ORDER DENYING PLAINTIFFS MOTION FOR AN ORDER TO COMPEL: the Plaintiff's motion touches a FOIA request that is outside the boundaries of the instant matter. Therefore, the Plaintiff's 42 Motion for an Order to Compel is hereby DENIED. Signed by Chief Judge Gina M. Groh on 1/25/2017. Copy mailed to pro se plaintiff by CMRR. (cwm) (Additional attachment(s) added on 1/25/2017: # 1 Certified Mail Return Receipt) (cwm). (Entered: 01/25/2017)
2017-01-25	46	NOTICE by U. S. Customs and Border Protection of Submission of Responsive Documents for In Camera Review (Reisenweber, Erin) (Entered: 01/25/2017)
2017-02-02	47	ORDER TO SHOW CAUSE: upon review of the documents, the Court ORDERS the Defendant to show cause why CBP00126-29 and CPB00227-28 are withheld in their entirety within FOURTEEN (14) DAYS. Signed by Chief Judge Gina M. Groh on 2/2/2017. Copy mailed to pro se plaintiff by CMRR. (cwm) (Additional attachment(s) added on 2/2/2017: # 1 Certified Mail Return Receipt) (cwm). (Entered: 02/02/2017)
2017-02-06	48	RETURN RECEIPT as to 45 Order. SERVICE ACCEPTED on 2/2/17. (njz) (Entered: 02/06/2017)
2017-02-06	49	RETURN RECEIPT as to 44 Order on Motion for Summary Judgment, Memorandum & Opinion. SERVICE ACCEPTED on 2/2/17. (njz) (Entered: 02/06/2017)
2017-02-10	50	RETURN RECEIPT as to 47 ORDER TO SHOW CAUSE. SERVICE ACCEPTED on 02/08/2017 per USPS website. (cwm) (Entered: 02/10/2017)
2017-02-13	51	RESPONSE TO ORDER TO SHOW CAUSE by U. S. Customs and Border Protection as to 47 Order to Show Cause, . (Reisenweber, Erin) (Entered: 02/13/2017)
2017-02-22	52	ORDER: upon review and consideration of the Defendant's response, the Court finds pages CPB00227-28 are duplicative of other documents that were properly disclosed with redactions where appropriate. However, with regard to pages CBP00128-29, the Defendant avers the redacted portions are non-responsive and subject to exemptions listed in the Vaughn index. The Court finds this explanation insufficient. On the contrary, the pages are responsive to the Plaintiff's broad FOIA request and no exemption applies to them in their entirety. The Court ORDERS the Defendant to re-submit these pages, with appropriate redactions, for in camera review. Once reviewed, the pages will be disclosed to the Plaintiff. Signed by Chief Judge Gina M. Groh on 2/22/2017. Copy mailed to pro se plaintiff by CMRR. (cwm) (Additional attachment(s) added on 2/22/2017: # 1 Certified Mail Return Receipt) (cwm). (Entered: 02/22/2017)
2017-02-27	53	RESPONSE by U. S. Customs and Border Protection to 52 Order,,,. (Reisenweber, Erin) (Entered: 02/27/2017)
2017-03-01	54	RETURN RECEIPT as to 52 Order. SERVICE ACCEPTED on 2/27/2017. (cwm) (Entered: 03/01/2017)
2017-03-20	55	ORDER directing Deft. to file pages CBP00128-29 with appropriate redactions and mail a copy to Plaintiff and ordering parties to abide by deadlines: summary judgment motions due by 4/10/2017 and responses due by 4/24/2017. Signed by Chief Judge Gina M. Groh on 3/20/2017. Copy sent certified mail, return receipt to pro se Plaintiff.(tlg) (Additional attachment(s) added on 3/20/2017: # 1 Certified Mail Return Receipt) (tlg). (Entered: 03/20/2017)
2017-03-23	56	NOTICE by U. S. Customs and Border Protection OF FILING OF REDACTED PAGES (Attachments: # 1 Exhibit 1)(Reisenweber, Erin) (Entered: 03/23/2017)
2017-03-24	57	RETURN RECEIPT as to 55 Order. SERVICE ACCEPTED on 03/22/2017. (cwm) (Entered: 03/24/2017)
2017-03-28	58	Plaintiff's Motion For and Reimbursement of Expenses by Dennis Finbarr Murphy. (Attachments: # 1 Receipt, # 2 Mailing Receipts, # 3 Check Images, # 4 Check Image) Pleading was hand-delivered. (cwm) (Entered: 03/28/2017)
2017-04-07	59	RESPONSE to Motion re 58 MOTION Plaintiffs Motion For and Reimbursement of Expenses filed by U. S. Customs and Border Protection. (Reisenweber, Erin) (Entered: 04/07/2017)
2017-04-10	60	ORDER DENYING PLAINTIFF'S MOTION 58 FOR REIMBURSEMENT OF EXPENSES. Signed by Chief Judge Gina M. Groh on 4/10/2017. Copy sent certified mail, return receipt to pro se Plaintiff.(tlg) (Additional attachment(s) added on 4/10/2017: # 1 Certified Mail Return Receipt) (tlg). (Entered: 04/10/2017)
2017-04-10	61	Third MOTION for Summary Judgment and Supporting Memorandum by U. S. Customs and Border Protection. (Reisenweber, Erin) (Entered: 04/10/2017)
2017-04-14	62	(Styled as Cross Motion) MOTION for Summary Judgment by Dennis Finbarr Murphy. (njz) hand delivered at counter (Entered: 04/14/2017)
2017-04-21	63	RETURN RECEIPT as to 60 ORDER DENYING PLAINTIFF'S MOTION 58 FOR REIMBURSEMENT OF EXPENSES. SERVICE ACCEPTED on 04/19/2017 per USPS website. (cwm) (Entered: 04/21/2017)
2017-05-05	64	RESPONSE in Opposition re 62 MOTION for Summary Judgment filed by U. S. Customs and Border Protection. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Reisenweber, Erin) (Entered: 05/05/2017)
2017-05-05	65	CORRECT EXHIBIT 2 RE: Other Document re 64 Response in Opposition to Motion filed by U. S. Customs and Border Protection. (Reisenweber, Erin) (Entered: 05/05/2017)
2017-06-13	66	MEMORANDUM OPINION AND ORDER DENYING DEFENDANT'S THIRD MOTION FOR SUMMARY JUDGMENT, GRANTING PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT AND AWARDING THE PLAINTIFF REASONABLE EXPENSES. Signed by Chief Judge Gina M. Groh on 6/13/17. Copy mailed to pro se plaintiff by CMRR. (cwm) (Additional attachment(s) added on 6/13/2017: # 1 Certified Mail Return Receipt) (cwm). (Entered: 06/13/2017)
2017-06-13	67	CLERK'S JUDGMENT in favor of Dennis Finbarr Murphy against U. S. Customs and Border Protection. Signed by Clerk of Court on 06/13/2017. Copy mailed to pro se plaintiff by CMRR. (cwm) (Additional attachment(s) added on 6/13/2017: # 1 Certified Mail Return Receipt) (cwm). (Entered: 06/13/2017)
2017-06-19	68	RETURN RECEIPT as to 67 Clerk's Judgment, 66 Order on Motion for Summary Judgment, Memorandum & Opinion. SERVICE ACCEPTED on 6/15/17 per USPS website. (njz) (Entered: 06/19/2017)
2017-08-22	69	PAPERLESS ORDER: This case is ORDERED stricken from the Court's active docket. Signed by Chief Judge Gina M. Groh on August 22, 2017. (wlb) (Entered: 08/22/2017)
2017-08-25	70	RETURN RECEIPT as to 69 Paperless Order. SERVICE ACCEPTED on 08/24/2017 per USPS website. (cwm) (Entered: 08/25/2017)
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