Case Detail

FOIA Project Annotation: Judge James Boasberg has ruled that the Executive Office for U.S. Attorneys and the U.S. Marshals Service conducted an adequate search for records concerning Dennis Chase's 2011 conviction on child pornography charges, properly withheld some records under Exemption 3 (other statutes), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption 7(E) (investigative methods and techniques), and that in response to a referral from EOUSA, the FBI properly declined to disclose 1,216 pages of responsive records because Chase refused to pay copying fees. EOUSA and USMS disclosed 458 pages to Chase, but EOUSA referred 1,216 pages to the FBI for its response. Because Chase did not agree to pay fees, the FBI refused to provide the records. Chase complained that EOUSA's referral to the FBI was improper. But Boasberg pointed out that "this is not a case where one agency has attempted to pass off its FOIA responsibilities to another; rather, EOUSA properly referred material to the FBI, which, after review, was willing to release that material to Chase provided he pay the duplication fees. As the originating agency, the FBI could properly review whether any exemptions might apply before releasing the records to Chase. The only impediment to the release of the FBI materials is Plaintiff's inability or unwillingness to pay $59.70 or meet the statutory requirements for a fee waiver." Boasberg agreed that Rule 6(e) on grand jury secrecy, as well as the Child Victims' and Child Witnesses' Rights Act, qualified as Exemption 3 statutes and protected the records withheld by EOUSA. He also found that the Marshals Service's FedEx account number was protected by Exemption 7(E). Rejecting Chase's claim that he was entitled to a fee waiver, Boasberg also dismissed Chase's contention that the FBI waived its right to collect fees because it had missed the statutory time limit. Boasberg pointed out that "although this would have been the case had the FBI been requesting search fees, Defendant clarified that the FBI only requested duplication fees, which an agency can still request regardless of its non-compliance with FOIA's timeliness requirements."
Issues: Fees - Commitment to pay, Exemption 3 - Statutory prohibition of disclosure, Adequacy - Search

FOIA Project Annotation: Judge James Boasberg has ruled that Dennis Chase, whose FOIA suit against the Department of Justice after several components failed to respond to his FOIA request for records concerning his prosecution and conviction for possession of child pornography resulted in an earlier decision by Boasberg in favor of the agencies, has failed to show why Boasberg should reconsider his previous decision. In his earlier decision, Boasberg found the agencies had conducted an adequate search that yielded more than 2,000 pages of records and that the agencies' exemption claims were appropriate. This time, Chase complained that EOUSA had improperly withheld a grand jury transcript that had been furnished to him during his preparation for trial and attached 51 pages to prove his point. Boasberg observed that if Chase already had a copy of the transcript, "the Court is perplexed as to why Plaintiff wants the same document again. While the Court thus sees no logical reason to compel disclosure of a document already in Plaintiff's possession, precedent also precludes such an action. To begin, even if information exists in some form in the public domain, that is not equivalent to official disclosure through FOIA channels. As such, 'an agency responding to a FOIA request is not foreclosed from asserting exemptions to withhold information that it had previously disclosed to a party in a non-FOIA proceeding.'" He noted that Exemption 3 (other statutes) would still apply "if the transcript Plaintiff attached is not the entirety of the grand-jury material he wants. In such an instance, Chase still has not stated why the exemptions the Government applied â€" and the Court previously accepted â€" are improper. A motion for reconsideration must present new evidence or arguments in order to be granted, and here Plaintiff does neither." The U.S. Marshals Service had redacted personally-identifying information under Exemption 7(C) (invasion of privacy concerning law enforcement records). Chase argued that he would not have made that information public and he already knew the identities of individuals. Boasberg observed that "what Chase would do with the information is not relevant, and he does not make clear why he is concerned about the redactions if he currently knows the names redacted. In any event, he again falls short of explaining why the exemption invoked by USMS â€" and accepted by the Court â€" is inapplicable."
Issues: Litigation - Jurisdiction - Failure to State a Claim

Date Filed	Doc #	Docket Text
2017-02-13	1	COMPLAINT against DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR U.S. ATTORNEYS, UNITED STATES MARSHALS SERVICE, UNITED STATES OF AMERICA filed by DENNIS CHASE. (Attachments: # 1 Civil Cover Sheet)(td) (Entered: 02/14/2017)
2017-02-13	2	MOTION for Leave to Proceed in forma pauperis by DENNIS CHASE (td) (Entered: 02/14/2017)
2017-02-13	3	PRISONER ACCOUNT STATEMENT by DENNIS CHASE (td) (Entered: 02/14/2017)
2017-02-13	4	ORDER directing an initial partial filing fee in the amount of $16.84 from Prison Account of DENNIS CHASE and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge Emmet G. Sullivan on 2/9/17. (td) (Entered: 02/14/2017)
2017-02-15	5	SUMMONS (4) Issued as to EXECUTIVE OFFICE FOR U.S. ATTORNEYS, UNITED STATES MARSHALS SERVICE, U.S. Attorney and U.S. Attorney General (jd) (Entered: 02/15/2017)
2017-02-22	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/16/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 3/18/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR U.S. ATTORNEYS served on 2/16/2017; UNITED STATES OF AMERICA served on 2/16/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/16/17. (td) (Entered: 02/23/2017)
2017-03-20	7	ANSWER to 1 Complaint by DEPARTMENT OF JUSTICE.(Sroka, Scott) (Entered: 03/20/2017)
2017-03-20		MINUTE ORDER: The Court ORDERS that the Government shall file any motion for summary judgment by April 20, 2017, with Plaintiff's opposition and any cross motion due by May 19, 2017, the Government's reply (and possible opposition) due by June 9, 2017, and any reply by Plaintiff due by June 30, 2017. Signed by Judge James E. Boasberg on 3/20/2017. (lcjeb1) (Entered: 03/20/2017)
2017-03-20		Set/Reset Deadlines: Summary Judgment motions due by 4/20/2017. Response to Motion for Summary Judgment due by 5/19/2017. Reply to Motion for Summary Judgment due by 6/9/2017. Replies due by 6/30/2017. (nbn) (Entered: 03/21/2017)
2017-04-03	8	ERRATA (Modification of Plaintiff's Motion Under the FOIA and Privacy Acts by DENNIS CHASE. (td) (Entered: 04/05/2017)
2017-04-07	9	RESPONSE re 7 Answer to 1 Complaint filed by DENNIS CHASE. (jf) (Entered: 04/10/2017)
2017-04-10		MINUTE ORDER: The Court ORDERS that Plaintiff's 9 Response is STRICKEN given that Defendants' Answer is not a motion for summary judgment and thus any "response" to an Answer is inappropriate. Signed by Judge James E. Boasberg on 4/10/2017. (lcjeb3) (Entered: 04/10/2017)
2017-04-13	10	MOTION for Extension of Time to File Defendants' Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 04/13/2017)
2017-04-13		MINUTE ORDER granting 10 Motion for Extension of Time to File. The Court ORDERS that Defendants shall file their motion for summary judgment on or before May 15, 2017. Signed by Judge James E. Boasberg on 4/13/2017. (lcjeb1) (Entered: 04/13/2017)
2017-04-13		Set/Reset Deadlines: Summary Judgment motions due by 5/15/2017. (nbn) (Entered: 04/13/2017)
2017-05-11	11	MOTION to Stay Proceedings by DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 05/11/2017)
2017-05-11		MINUTE ORDER GRANTING 11 Motion to Stay. The Court ORDERS that Defendants provide the Court with a status update by July 14, 2017. Signed by Judge James E. Boasberg on 5/11/2017. (lcjeb1) (Entered: 05/11/2017)
2017-05-12		Case Stayed, Set/Reset Deadlines:( Status Report due by 7/14/2017) (nbn) (Entered: 05/12/2017)
2017-06-05	12	MOTION to Lift Stay by DENNIS CHASE (td) (Entered: 06/07/2017)
2017-06-21	13	Memorandum in opposition to re 12 MOTION to Lift Stay filed by DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 06/21/2017)
2017-06-21		MINUTE ORDER: The Court ORDERS that Plaintiff's 12 Motion to Lift Stay is DENIED as premature. Defendant is scheduled to update the Court by July 14, 2017, on its processing, and Plaintiff may weigh in thereafter if he disagrees with a further schedule set by the Court. Signed by Judge James E. Boasberg on 6/21/2017. (lcjeb1) (Entered: 06/21/2017)
2017-06-21		Set/Reset Deadlines: Defendant is scheduled to update the Court by July 14, 2017, on its processing. (znbn) (Entered: 06/22/2017)
2017-07-14	14	STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A through C)(Sroka, Scott) (Entered: 07/14/2017)
2017-07-14		MINUTE ORDER: Per Defendants' 14 Status Report, Defendants shall file a further status report on or before August 14, 2017. Signed by Judge James E. Boasberg on 7/14/17. (lcjeb2) (Entered: 07/14/2017)
2017-07-14		Set/Reset Deadlines: Status Report due by 8/14/2017. (znbn) (Entered: 07/14/2017)
2017-08-14	15	STATUS REPORT by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR U.S. ATTORNEYS, UNITED STATES MARSHALS SERVICE. (Sroka, Scott) (Entered: 08/14/2017)
2017-08-15		MINUTE ORDER: The Court ORDERS that Defendants shall file a further Status Report by September 15, 2017. Signed by Judge James E. Boasberg on 8/15/17.(lcjeb1) (Entered: 08/15/2017)
2017-08-15		Set/Reset Deadlines: Status Report due by 9/15/2017. (nbn) (Entered: 08/15/2017)
2017-09-05	16	RESPONSE re 14 Status Report, 15 Status Report filed by DENNIS CHASE. (jf) (Entered: 09/07/2017)
2017-09-05	17	MOTION to Lift Stay by DENNIS CHASE. (See Docket Entry 16 to view document) (jf) (Entered: 09/08/2017)
2017-09-15	18	STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of David M. Hardy)(Sroka, Scott) (Entered: 09/15/2017)
2017-09-15	19	RESPONSE re 17 MOTION to Lift Stay filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of David M. Hardy)(Sroka, Scott) (Entered: 09/15/2017)
2017-09-18		MINUTE ORDER: The Court ORDERS that: 1) Plaintiff's 17 Motion to Lift Stay is GRANTED IN PART; 2) The Stay is LIFTED; and 3) Defendant's Motion for Summary Judgment is due by October 16, 2017, with Plaintiff's Opposition due by November 16, 2017, and Defendant's Reply by November 30, 2017. Signed by Judge James E. Boasberg on 9/18/17. (lcjeb1) (Entered: 09/18/2017)
2017-09-18		Set/Reset Deadlines: Summary Judgment motions due by 10/16/2017. Response to Motion for Summary Judgment due by 11/16/2017. Reply to Motion for Summary Judgment due by 11/30/2017. (nbn) (Entered: 09/19/2017)
2017-09-19	20	MOTION to Amend/Correct 1 Complaint by DENNIS CHASE (td) (Entered: 09/20/2017)
2017-09-20	21	MOTION for in Camera Review by DENNIS CHASE; "Leave to file GRANTED" by Judge James E. Boasberg (td) (Entered: 09/21/2017)
2017-09-21		MINUTE ORDER: The Court ORDERS that Plaintiff's 21 Motion for In Camera Review is DENIED WITHOUT PREJUDICE. He may raise the issue in the context of the summary-judgment briefing, but such a request is premature at this point. So ORDERED by Judge James E. Boasberg on 9/21/17. (lcjeb1) (Entered: 09/21/2017)
2017-10-10		MINUTE ORDER: The Court ORDERS that Plaintiff's 20 Motion to Amend is GRANTED, and the Federal Bureau of Investigation is added as a Defendant in this action. Signed by Judge James E. Boasberg on 10/10/17. (lcjeb1) (Entered: 10/10/2017)
2017-10-13	22	MOTION to Modify Briefing Schedule by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES MARSHALS SERVICE, UNITED STATES OF AMERICA (Sroka, Scott) (Entered: 10/13/2017)
2017-10-13		MINUTE ORDER: The Court GRANTS Defendants' 22 Motion to Modify the Briefing Schedule and ORDERS that 1) Defendants' Motion for Summary Judgment shall be filed on or before November 16, 2017; 2) Plaintiff's Opposition shall be filed on or before December 18, 2017; and 3) Defendants' Reply shall be filed on or before January 8, 2018. So ORDERED by Judge James E. Boasberg on 10/13/17. (lcjeb1) (Entered: 10/13/2017)
2017-10-13		Set/Reset Deadlines: Summary Judgment motions due by 11/16/2017. Response to Motion for Summary Judgment due by 12/18/2017. Reply to Motion for Summary Judgment due by 1/8/2018. (nbn) (Entered: 10/13/2017)
2017-10-13	23	NOTICE of Appearance by Scott Leeson Sroka on behalf of All Defendants (Sroka, Scott) (Entered: 10/13/2017)
2017-10-13	24	Letter from Plaintiff ; "Leave to file GRANTED" by Judge James E. Boasberg (Copy docket sheet mailed to plaintiff) (td) (Entered: 10/18/2017)
2017-10-19	25	MOTION for Extension of Time to Respond to Summary Judgment Motion by DENNIS CHASE (jf) (Entered: 10/23/2017)
2017-10-23		MINUTE ORDER: The Court ORDERS that Plaintiff's 25 Motion for Extension is DENIED WITHOUT PREJUDICE as premature. Should he need an extension once he has reviewed Defendants' motion for summary judgment, he may so move. So ORDERED by Judge James E. Boasberg on 10/23/17. (lcjeb1) (Entered: 10/23/2017)
2017-11-13	26	MOTION for Court to Order Defendants to Respond by DENNIS CHASE (td) (Entered: 11/15/2017)
2017-11-16		MINUTE ORDER: The Court ORDERS that Plaintiff's 26 Motion is GRANTED, and the Clerk shall mail him a copy of ECF No. 18. So ORDERED by Judge James E. Boasberg on 11/16/17. (lcjeb1) (Entered: 11/16/2017)
2017-11-16	27	MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES MARSHALS SERVICE, UNITED STATES OF AMERICA (Sroka, Scott) (Entered: 11/16/2017)
2017-11-16		MINUTE ORDER GRANTING 27 Motion for Extension of Time to File. The Court ORDERS that Defendants shall file their Motion for Summary Judgment on or before November 20, 2017. So ORDERED by Judge James E. Boasberg on 11/16/2017. (lcjeb3) (Entered: 11/16/2017)
2017-11-17		Set/Reset Deadlines: Defendants Summary Judgment motions due by 11/20/2017. (lsj) (Entered: 11/17/2017)
2017-11-20	28	MOTION for Summary Judgment by DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, UNITED STATES MARSHALS SERVICE, UNITED STATES OF AMERICA (Attachments: # 1 Statement of Facts To Which There Is No Genuine Issue, # 2 Declaration of Princina Stone, # 3 Exhibit A to Stone Decl. - Vaughn Index, # 4 Exhibit B to Stone Decl., # 5 Exhibit C to Stone Decl., # 6 Exhibit D to Stone Decl., # 7 Exhibit E to Stone Decl., # 8 Exhibit F to Stone Decl., # 9 Declaration of William E. Bordley, # 10 Declaration of Bernetta Miller, # 11 Declaration of David M. Hardy)(Sroka, Scott) (Attachment 11 replaced on 11/21/2017) (znmw). (Entered: 11/20/2017)
2017-11-20	29	ORDER DIRECTING Plaintiff to respond to Defendants' 28 Motion for Summary Judgment no later than December 18, 2017. Signed by Judge James E. Boasberg on 11/20/17. (lcjeb1) (Entered: 11/20/2017)
2017-11-20		Set/Reset Deadlines: Responses due by 12/18/2017. (znbn) (Entered: 11/20/2017)
2017-11-30	30	MOTION for Additional Extension of Time to File Response/Reply as to 28 MOTION for Summary Judgment by DENNIS CHASE (td) (Entered: 12/07/2017)
2017-12-08		MINUTE ORDER GRANTING Plaintiff's 30 Motion for Extension of Time to File Response/Reply. The Court ORDERS that Plaintiff shall respond on or before January 18, 2018. So ORDERED by Judge James E. Boasberg on 12/8/17. (lcjeb1) (Entered: 12/08/2017)
2017-12-08		Set/Reset Deadlines: Responses due by 1/18/2018. (nbn) (Entered: 12/08/2017)
2017-12-11	31	Second MOTION for Extension of Time to File Response/Reply as to 28 MOTION for Summary Judgment by DENNIS CHASE (td) (Entered: 12/12/2017)
2017-12-13		MINUTE ORDER: The Court ORDERS that Plaintiff's 31 Motion is DENIED as moot given that the Court has already granted him an extension until January 18, 2018. So ORDERED by Judge James E. Boasberg on 12/13/17. (lcjeb1) (Entered: 12/13/2017)
2018-01-10	32	Memorandum in opposition to re 28 MOTION for Summary Judgment filed by DENNIS CHASE. (Attachments: # 1 Exhibit)(td) (Entered: 01/11/2018)
2018-02-23	33	ORDER. The Court ORDERS that Defendants submit on or before March 5, 2018, additional briefing explaining how it may require Plaintiff to pay search fees in light of the agency's violation of 5 U.S.C. § 552(a)(6)(A). If the Court requires a response from Plaintiff, it will so inform him. Signed by Judge James E. Boasberg on 2/23/18. (lcjeb1) Modified to add event title on 2/26/2018 (znmw). (Entered: 02/23/2018)
2018-02-23		Set/Reset Deadlines: Defendants Brief due by 3/5/2018. (lsj) (Entered: 02/23/2018)
2018-03-05	34	RESPONSE TO ORDER OF THE COURT re 33 Order, filed by DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 03/05/2018)
2018-03-15	35	ORDER GRANTING 28 Motion for Summary Judgment and ENTERING JUDGMENT in favor of Defendants. Signed by Judge James E. Boasberg on 3/15/2018. (lcjeb2) (Entered: 03/15/2018)
2018-03-15	36	MEMORANDUM OPINION re 35 Order on Motion for Summary Judgment. Signed by Judge James E. Boasberg on 3/15/2018. (lcjeb2) (Entered: 03/15/2018)
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