Case Detail

FOIA Project Annotation: Judge Amit Mehta has ruled that records of Kenneth Buholtz's stay at the Fannin County Detention Center are not agency records under FOIA. When the U.S. Marshals Service told Buholtz that it did not have the records, he filed suit. Mehta agreed with the agency that the records were not agency records. He noted that "the fact that the Fannin County Detention Center was a USMS contract facility does not convert its records into records created or controlled by USMS." Buholtz argued the agency should retrieve the records from the county detention center, but Mehta pointed out that "FOIA imposes no obligation upon USMS to, as Plaintiff suggests, pick up the phone and request the records." He indicated that "because the USMS is not required to retrieve documents from a third party to comply with FOIA, the court rejects Plaintiff's argument that USMS must do so."
Issues: Agency Record - Possession

Date Filed	Doc #	Docket Text
2016-05-19	1	COMPLAINT against DONNIE FOSTER, UNITED STATES MARSHALS SERVICE ( Filing fee $ 400, receipt number 4616077766) filed by KENNETH BUHOLTZ. (Attachments: # 1 Civil Cover Sheet)(zsb) (Entered: 05/20/2016)
2016-05-19		SUMMONS Not Issued as to DONNIE FOSTER, UNITED STATES MARSHALS SERVICE (zsb) (Entered: 05/20/2016)
2016-07-15		SUMMONS (4) Issued as to DONNIE FOSTER, UNITED STATES MARSHALS SERVICE, U.S. Attorney and U.S. Attorney General (md) (Entered: 07/15/2016)
2016-08-08	2	NOTICE of Appearance by Jason Todd Cohen on behalf of UNITED STATES MARSHALS SERVICE (Cohen, Jason) (Entered: 08/08/2016)
2016-08-10	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONNIE FOSTER served on 7/26/2016, answer due 8/16/2016; UNITED STATES MARSHALS SERVICE served on 7/26/2016, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/26/2016., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/26/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 8/25/2016.) (zrdj) (Entered: 08/11/2016)
2016-08-11	4	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- James C. Tidwell, :Firm- Wolfe, Tidwell & McCoy, LLP, :Address- 320 N. Travis, Suite 205, Sherman, TX 75090. Phone No. - 903-868-1933. Fax No. - 903-892-2397 Filing fee $ 100, receipt number 0090-4636136. Fee Status: Fee Paid. by DONNIE FOSTER (Attachments: # 1 Declaration of James C. Tidwell, # 2 Text of Proposed Order)(Weiland, Stephen) (Entered: 08/11/2016)
2016-08-11		MINUTE ORDER granting 4 Motion for Leave to Appear Pro Hac Vice. Attorney James C. Tidwell is hereby admitted pro hac vice to appear in this matter on behalf of Defendant Donnie Foster. Signed by Judge Amit P. Mehta on 08/11/2016. (lcapm2) (Entered: 08/11/2016)
2016-08-17	5	MOTION to Dismiss and Memorandum in Support of Motion to Dismiss by DONNIE FOSTER (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Tidwell, James) (Entered: 08/17/2016)
2016-08-22	6	ORDER advising Plaintiff to respond by September 19, 2016, to 5 Defendant Donnie Foster's Motion to Dismiss Plaintiff's Complaint or risk dismissal of the case. Please see the attached Order for additional details. Signed by Judge Amit P. Mehta on 08/22/2016. (lcapm2) (Entered: 08/22/2016)
2016-08-22		Set/Reset Deadlines/Hearings: Response to 5 due by 9/19/2016. (cdw) (Entered: 08/22/2016)
2016-08-25	7	MOTION for Summary Judgment by UNITED STATES MARSHALS SERVICE (Attachments: # 1 Declaration of William E. Bordley, # 2 Exhibits A-J to Bordley Declaration, # 3 Proposed Order)(Cohen, Jason) (Entered: 08/25/2016)
2016-08-25	8	ORDER advising Plaintiff to respond by September 19, 2016, to 7 Defendant United States Marshals Service's Motion for Summary Judgment or risk dismissal of the case. Please see the attached Order for additional details. Signed by Judge Amit P. Mehta on 08/25/2016. (lcapm2) (Entered: 08/25/2016)
2016-09-14	9	RESPONSE re 5 MOTION to Dismiss and Memorandum in Support of Motion to Dismiss filed by KENNETH BUHOLTZ. (zrdj) (Entered: 09/15/2016)
2016-09-14	10	Memorandum in opposition to re 7 MOTION for Summary Judgment filed by KENNETH BUHOLTZ. (zrdj) (Entered: 09/15/2016)
2016-09-26	11	REPLY to opposition to motion re 7 MOTION for Summary Judgment filed by UNITED STATES MARSHALS SERVICE. (Attachments: # 1 Supplemental Declaration of William E. Bordley, # 2 Supplemental Declaration Exhibit A, # 3 Supplemental Declaration Exhibit B)(Cohen, Jason) (Entered: 09/26/2016)
2016-11-18	12	Letter to the Court from KENNETH BUHOLTZ "LET THIS BE FILED" by Judge Amit P. Mehta (zrdj) (Entered: 11/21/2016)
2017-01-16	13	MEMORANDUM OPINION re: 5 Defendant Donnie Foster's Motion to Dismiss and 7 Defendant United States Marshals Service's Motion for Summary Judgment. See attached Memorandum Opinion for additional details. Signed by Judge Amit P. Mehta on 01/16/2017. (lcapm3) (Entered: 01/16/2017)
2017-01-16	14	ORDER granting 5 Defendant Donnie Foster's Motion to Dismiss and 7 Defendant United States Marshals Service's Motion for Summary Judgment. See attached Order for further details. Signed by Judge Amit P. Mehta on 01/16/2017. (lcapm3) (Entered: 01/16/2017)
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