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Case TitleDAVIS v. UNITED STATES FEDERAL BUREAU OF INVESTIGATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00086
Date Filed2018-01-10
Date Closed2024-05-07
JudgeJudge Christopher R. Cooper
PlaintiffDONOVAN DAVIS, JR.
Case DescriptionDonovan Davis, a federal prisoner, submitted FOIA requests to the FBI, the Executive Office for U.S. Attorneys, and the Secret Service for records concerning himself. The FBI found records and withheld some records. Davis filed an administrative appeal. EOUSA told Davis it found no records. Davis filed an administrative appeal of that decision. The Secret Service found a hard drive that was responsive to Davis's request, but after examining it, the agency found the hard drive had been wiped and there were no more records. Davis then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantUNITED STATES FEDERAL BUREAU OF INVESTIGATION
DefendantUNITED STATES FEDERAL BUREAU OF INVESTIGATION
TERMINATED: 07/08/2019
DefendantEXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY
DefendantUNITED STATES SECRET SERVICE
DefendantUNITED STATES SECRET SERVICE
TERMINATED: 07/08/2019
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [25]
FOIA Project Annotation: Judge Christopher Cooper has ruled that the FBI and the Secret Service properly responded to requests from prisoner Donovan Davis for records about himself. The FBI located 149 potentially responsive records and disclosed 72 pages. The Secret Service initially told Davis that it had an external hard drive it had taken from Davis as part of a 2009 grand jury subpoena and that his wife could retrieve it. She did so, but after she had it tested by a forensic expert, she was told that the hard drive had been wiped clean sometime after the agency received Davis' FOIA request. However, the agency also found 228 pages, disclosing 74 in full and 154 with redactions. The Secret Service also withheld an additional 79 pages entirely. Davis challenged the agency's search. One of his contentions was that the because the FBI's record indexing system was designed to meet the agency's needs, it was likely to retrieve only records described in his request and not those records that might be related but not specifically described. Cooper rejected the notion out-of-hand. He pointed out that "that would be self-defeating. If an agent needed to locate a case file, he too must conduct an index search of the CRS; had he indexed the file improperly the first time around, or perhaps had another FBI official done so, the agent would be out of luck." He observed that "on top of its poor logic, Davis's theory is belied by the search returns themselves. If Davis were right that the Bureau attempts to 'game' FOIA by indexing records in a manner that requires insider knowledge to locate later on, how can he explain the 150-some responsive pages turned up by the search conducted in this case?" noting that "the Service's declaration [explaining its search] is not nearly as detailed as the FBI's," Cooper indicated that "moreover, as was true of the FBI, the Secret Service's search bore substantial fruit. It ultimately produced to Davis 228 pages of responsive records and withheld in full another 79 responsive pages. While the efficacy of one search does not rule out the possibility that another search might be even more fruitful, it does provide evidence that the Service took a reasonable approach to unearthing records relating to its investigation of Davis." Cooper approved the agencies' withholdings under Exemption 3 (other statutes), where the FBI relied on the Bank Secrecy Act and the Secret Service claimed Rule 6(e) on grand jury secrecy. Davis argued that the FBI had improperly claimed Exemption 7(D) (confidential sources) because according to Davis, some sources had proven unreliable. Cooper pointed out, however, that "the rationale underpinning the confidential source exemption is implicated even when the source's information proves useless." Davis also faulted the Secret Service for wiping clean his external hard drive, arguing that doing so had destroyed records responsive to his request. But Cooper agreed with the agency's claim that Davis had requested records created or compiled by the agency during its investigation of him, not his own records the agency had seized during the investigation. Cooper observed that "there is no reason to think that a hard drive owned by Davis and seized by the Service would contain such records. Because the hard drive does not fall within Davis's request, he cannot show that the Service 'intentionally transferred or destroyed a document after it had been requested under FOIA.'''
Issues: Search - Reasonableness of search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-01-101COMPLAINT against EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE ( Filing fee $ 400, receipt number 4616089101) filed by DONOVAN DAVIS, JR. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(jf) (Entered: 01/16/2018)
2018-01-10SUMMONS Not Issued as to EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE (jf) (Entered: 01/16/2018)
2018-02-13SUMMONS (5) Issued as to EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE, U.S. Attorney and U.S. Attorney General (zmd) (Entered: 02/13/2018)
2018-03-272NOTICE of Appearance by Alexander Daniel Shoaibi on behalf of All Defendants (Shoaibi, Alexander) (Entered: 03/27/2018)
2018-03-273MOTION for Extension of Time to Respond to Complaint by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE (Shoaibi, Alexander) (Entered: 03/27/2018)
2018-03-28MINUTE ORDER granting 3 Defendants' Motion for Extension of Time. Defendants' response to the complaint shall now be due by April 27, 2018. Signed by Judge Christopher R. Cooper on 3/28/2018. (lccrc2) (Entered: 03/28/2018)
2018-03-28Set/Reset Deadlines: Answer due by 4/27/2018 (lsj) (Entered: 03/28/2018)
2018-03-294RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY served on 2/26/2018; UNITED STATES FEDERAL BUREAU OF INVESTIGATION served on 2/26/2018; UNITED STATES SECRET SERVICE served on 3/1/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/26/18., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/26/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 3/28/2018.) (td) (Entered: 04/02/2018)
2018-04-275Second MOTION for Extension of Time to Respond to Complaint by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE (Shoaibi, Alexander) (Entered: 04/27/2018)
2018-04-30MINUTE ORDER granting 5 Defendants' Motion for Extension of Time. Defendants' response to the complaint shall now be due by May 11, 2018. Signed by Judge Christopher R. Cooper on 4/30/2018. (lccrc2) (Entered: 04/30/2018)
2018-05-01Set/Reset Deadlines: Answer due by 5/11/2018 (lsj) (Entered: 05/01/2018)
2018-05-116ANSWER to 1 Complaint, by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit A-H)(Shoaibi, Alexander) (Entered: 05/11/2018)
2018-05-14MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. Since the requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure do not apply, it is hereby ORDERED that Defendants shall file a proposed schedule for production or briefing by May 29, 2018. Signed by Judge Christopher R. Cooper on 5/14/2018. (lccrc2) (Entered: 05/14/2018)
2018-05-14Set/Reset Deadlines: Proposed Briefing Schedule or Production due by 5/29/2018 (lsj) (Entered: 05/14/2018)
2018-05-297PROPOSED BRIEFING SCHEDULE re Order, Set/Reset Deadlines by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE. (Shoaibi, Alexander) (Entered: 05/29/2018)
2018-05-30MINUTE ORDER: In light of 7 the proposed schedule for production and briefing, it is hereby ordered that the following summary judgment briefing schedule shall apply: Defendants' motion for summary judgment shall be due by August 7, 2018; Plaintiff's combined opposition and cross-motion for summary judgment shall be due by September 6, 2018; Defendants' combined reply and opposition shall be due by October 9, 2018; and Plaintiff's reply shall be due by November 8, 2018. Signed by Judge Christopher R. Cooper on 5/30/2018. (lccrc2) (Entered: 05/30/2018)
2018-05-30Set/Reset Deadlines: Summary Judgment motions due by 8/7/2018. Response to Motion for Summary Judgment due by 9/6/2018. Reply to Motion for Summary Judgment due by 10/9/2018. Plaintiff's Reply due by 11/8/2018. (lsj) (Entered: 05/30/2018)
2018-05-31ENTERED IN ERROR.....Set/Reset Deadlines: Summary Judgment motions due by 8/7/2018. Response to Motion for Summary Judgment due by 9/6/2018. Reply to Motion for Summary Judgment due by 10/9/2018. Plaintiff's Reply due by 11/8/2018. (lsj) Modified on 5/31/2018 (zlsj). (Entered: 05/31/2018)
2018-07-258NOTICE of Appearance by Joshua L. Rogers on behalf of All Defendants (Rogers, Joshua) (Entered: 07/25/2018)
2018-08-029MOTION for Extension of Time to File Dispostive Motion by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 08/02/2018)
2018-08-03VACATED PURSUANT TO MINUTE ORDER ENTERED ON 9/21/2018.....MINUTE ORDER granting 9 Defendant's Motion for Extension of Time and vacating scheduling order entered May 30, 2018. The following summary judgment briefing schedule shall apply: Defendants' motion for summary judgment shall be due by September 21, 2018; Plaintiff's combined opposition and cross-motion for summary judgment shall be due by October 21, 2018; Defendants' combined reply and opposition shall be due by November 23, 2018; and Plaintiff's reply shall be due by December 22, 2018. Signed by Judge Christopher R. Cooper on 8/3/2018. (lccrc2) Modified on 9/21/2018 (zlsj). (Entered: 08/03/2018)
2018-08-06Set/Reset Deadlines: Summary Judgment motions due by 9/21/2018. Plaintiff's Response and Cross Motion to Motion for Summary Judgment due by 10/21/2018. Defendants' Reply and Opposition to Motion for Summary Judgment due by 11/23/2018. Plaintiff's Reply due by 12/22/2018. (lsj) (Entered: 08/06/2018)
2018-09-1810MOTION for Extension of Time to File Motion for Summary Judgment by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 09/18/2018)
2018-09-21MINUTE ORDER: Defendants' 10 Motion for an Extension of Time is hereby GRANTED. The adjusted briefing schedule will be as follows: Defendants' motion for summary judgment is now due by November 20, 2018; Plaintiff's combined cross-motion for summary judgment and opposition is now due by December 20, 2018; Defendants' combined opposition and reply is now due by January 22, 2019; and Plaintiff's reply is due now due by February 20, 2019. However, no further extensions of Defendants' summary judgment briefing deadline will be granted. While the Court appreciates counsel's busy schedule, this extension will delay briefing by 3 1/2 months past the original deadline proposed by the government, in addition to the 45-day extension of the government's deadline to answer the complaint. The Court observes that the USAO's apparent resource constraints in FOIA matters appears to be an issue that should be addressed by management. Signed by Judge Christopher R. Cooper on 9/21/2018. (lccrc2) (Entered: 09/21/2018)
2018-09-21Set/Reset Deadlines: Summary Judgment motions due by 11/20/2018. Response to Motion for Summary Judgment due by 12/20/2018. Reply to Motion for Summary Judgment due by 1/22/2019. Replies due by 2/20/2019. (lsj) (Entered: 09/21/2018)
2018-11-2011MOTION to Dismiss or in the Alternative , MOTION for Summary Judgment by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Declaration FBI, # 5 Declaration EOUSA - Jones, # 6 Declaration EOUSA - Smith, # 7 Declaration Secret Service, # 8 Declaration EOUSA - Hoobler)(Rogers, Joshua).....WITHDRAWN AS TO DEFENDANT EOUSA ONLY, PURSUANT TO MINUTE ORDER FILER 5/24/2019.....Modified on 5/28/2019 (znmw). (Entered: 11/20/2018)
2018-12-1712RESPONSE re 11 MOTION to Dismiss or in the Alternative MOTION for Summary Judgment filed by DONOVAN DAVIS, JR. (Attachments: # 1 Exhibit 1-4)(ztd) (Entered: 12/19/2018)
2018-12-2613MOTION to Stay All Proceedings in Light of Lack of Appropriations by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 12/26/2018)
2018-12-2614ERRATA by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE. (Attachments: # 1 Corrected Motion to Stay)(Rogers, Joshua) (Entered: 12/26/2018)
2018-12-27MINUTE ORDER granting 13 Defendants' Motion to Stay Proceedings. All deadlines in the case shall be stayed pending renewed funding. Signed by Judge Christopher R. Cooper on 12/27/2018. (lccrc2) (Entered: 12/27/2018)
2018-12-3115Memorandum in opposition to re 13 MOTION to Stay All Proceedings in Light of Lack of Appropriations filed by DONOVAN DAVIS, JR. (ztd) (Entered: 01/08/2019)
2019-02-01MINUTE ORDER: In light of the restoration of appropriations, the stay in this case is lifted. The parties shall provide a joint status report on or before February 8, 2019, which shall include a proposed schedule for future proceedings.. Signed by Judge Christopher R. Cooper on 2/1/2019. (lccrc2) (Entered: 02/01/2019)
2019-02-05Set/Reset Deadlines: Joint Status Report due by 2/8/2019 (lsj) (Entered: 02/05/2019)
2019-02-1316STATUS REPORT by DONOVAN DAVIS, JR. (ztd) (Entered: 02/14/2019)
2019-03-0517NOTICE by DONOVAN DAVIS, JR (ztd) (Entered: 03/06/2019)
2019-03-0818MOTION for Leave to File Defendants' Reply by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE (Graham-Oliver, Heather) (Entered: 03/08/2019)
2019-03-11MINUTE ORDER granting 18 Defendants' Motion for Leave to File Reply. Defendants' reply is now due on or before April 9, 2019. Signed by Judge Christopher R. Cooper on 3/11/2019. (lccrc2) (Entered: 03/11/2019)
2019-03-11Set/Reset Deadlines: Replies due by 4/9/2019. (lsj) (Entered: 03/11/2019)
2019-04-0419MOTION for Extension of Time to File Response/Reply by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 04/04/2019)
2019-04-05MINUTE ORDER granting 19 Defendants' Motion for Extension of Time to File Response/Reply. Defendants shall file their reply on or before May 9, 2019. Further requests for extension of this deadline will be viewed with disfavor. Signed by Judge Christopher R. Cooper on 4/5/2019. (lccrc2) (Entered: 04/05/2019)
2019-04-05Set/Reset Deadlines: Replies due by 5/9/2019. (znbn) (Entered: 04/08/2019)
2019-05-0920MOTION for Extension of Time to File Response/Reply by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 05/09/2019)
2019-05-10MINUTE ORDER granting 20 Motion for Extension of Time to File Response/Reply. Defendants' reply is now due on or before May 23, 2019. Signed by Judge Christopher R. Cooper on 5/10/2019. (lccrc2) (Entered: 05/10/2019)
2019-05-13Set/Reset Deadlines: Replies due by 5/23/2019. (lsj) (Entered: 05/13/2019)
2019-05-2321REPLY to opposition to motion re 11 MOTION to Dismiss or in the Alternative MOTION for Summary Judgment filed by UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rogers, Joshua) (Entered: 05/23/2019)
2019-05-2322MOTION to Withdraw 11 MOTION to Dismiss or in the Alternative MOTION for Summary Judgment Pertaining to EOUSA by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 05/23/2019)
2019-05-24MINUTE ORDER granting 22 Defendants' Motion to Withdraw the portion of 11 its motion for summary judgment pertaining to Defendant EOUSA. EOUSA shall file any renewed dispositive motion on or before June 24, 2019; Plaintiff shall file any opposition to the motion on or before July 24, 2019; and EOUSA shall file its reply on or before August 21, 2019. Signed by Judge Christopher R. Cooper on 5/24/2019. (lccrc2) (Entered: 05/24/2019)
2019-05-24Set/Reset Deadlines: Renewed dispositive motion due by 6/24/2019. Responses due by 7/24/2019. Replies due by 8/21/2019. (znbn) (Entered: 05/24/2019)
2019-06-2423MOTION for Summary Judgment by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Declaration (Theodore Smith), # 5 Declaration (Megan Hoobler))(Rogers, Joshua) (Entered: 06/24/2019)
2019-07-0324ORDER granting 11 Motion for Summary Judgment as to FBI and Secret Service. See full Order and accompanying Memorandum Opinion for details. Signed by Judge Christopher R. Cooper on 7/3/2019. (lccrc2) (Entered: 07/03/2019)
2019-07-0325MEMORANDUM OPINION re 24 Order granting motion for summary judgment as to FBI and Secret Service. Signed by Judge Christopher R. Cooper on 7/3/2019. (lccrc2) (Entered: 07/03/2019)
2019-07-1026RESPONSE re 23 MOTION for Summary Judgment filed by DONOVAN DAVIS, JR. (Attachments: # 1 Exhibit 1-10)(ztd) (Entered: 07/12/2019)
2019-07-1627MOTION for Extension of Time to File Response/Reply by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 07/16/2019)
2019-07-17MINUTE ORDER granting 27 Defendant's Motion for Extension of Time to File Reply. Defendant's reply brief is now due on or before August 19, 2019. Signed by Judge Christopher R. Cooper on 7/17/2019. (lccrc2) (Entered: 07/17/2019)
2019-07-18Set/Reset Deadlines: Defendant's Reply Brief due by 8/19/2019. (lsj) (Entered: 07/18/2019)
2019-08-1528MOTION for Extension of Time to File Response/Reply by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 08/15/2019)
2019-08-16MINUTE ORDER granting 28 Defendant's Motion for Extension of Time to File Response/Reply. The reply shall now be due on or before September 16, 2019. In light of Defendant's prior requests for extensions of the briefing deadlines in this case, no further extensions of this deadline will be granted. Signed by Judge Christopher R. Cooper on 8/16/2019. (lccrc2) (Entered: 08/16/2019)
2019-08-16Set/Reset Deadlines: Replies due by 9/16/2019. (znbn) (Entered: 08/16/2019)
2019-08-2829NOTICE by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Rogers, Joshua) (Entered: 08/28/2019)
2019-09-03MINUTE ORDER: Upon consideration of 29 EOUSA's Notice, it is hereby ORDERED that the case shall remain STAYED until October 3, 2019. EOUSA shall file a status report regarding the D.C. records by October 3, 2019, in which it should advise the Court as to long how it expects it will take to process them. Signed by Judge Christopher R. Cooper on 9/3/19. (lccrc2) (Entered: 09/03/2019)
2019-09-03Case Stayed until 10/3/2019. (znbn) (Entered: 09/04/2019)
2019-09-03Set/Reset Deadlines: Status Report due by 10/3/2019. (znbn) (Entered: 09/04/2019)
2019-09-04Set/Reset Deadlines: Status Report due by 10/3/2019 (lsj) (Entered: 09/04/2019)
2019-09-1130MOTION for Extension of Time to File Response/Reply by DONOVAN DAVIS, JR (ztd); ("Leave to file Granted." Motion for leave to respond is hereby DENIED as moot given that the Court ordered a stay of the current deadlines on September 3, 2019, rather than bifurcated summary judgment proceedings. Plaintiff's request to respond is therefore moot." Signed by Judge Christopher R. Cooper on 9/11/19.) Modified to add text on 9/16/2019 (znmw). (Entered: 09/12/2019)
2019-09-12MINUTE ORDER finding as moot 30 Plaintiff's Motion for Leave to Respond. Plaintiff's motion for leave to respond to 29 EOUSA's Notice is hereby DENIED as moot, given that the Court ordered a stay of the current deadlines on September 3, 2019, rather than bifurcated summary judgment proceedings. Plaintiff's request to respond is therefore moot. Signed by Judge Christopher R. Cooper on 9/11/19. (lccrc2) (Entered: 09/12/2019)
2019-10-0331STATUS REPORT by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Rogers, Joshua) (Entered: 10/03/2019)
2019-10-1832ENTERED IN ERROR. . . . .STATUS REPORT by DONOVAN DAVIS, JR. (ztd) Modified on 10/23/2019 (ztd). (Entered: 10/22/2019)
2019-10-1833RESPONSE re 31 Status Report filed by DONOVAN DAVIS, JR. (ztd) (Entered: 10/23/2019)
2019-10-18NOTICE OF CORRECTED DOCKET ENTRY: re 32 Status Report was entered in error and refiled said pleading as docket entry no. 33 . (ztd) (Entered: 10/23/2019)
2019-10-22MINUTE ORDER: In light of 31 EOUSA's latest status report, EOUSA shall file a status report by November 4, 2019, which shall include a general description of the materials that were discovered, an explanation for the belated discovery, and a realistic processing time estimate. Signed by Judge Christopher R. Cooper on 10/22/19. (lccrc2) (Entered: 10/22/2019)
2019-10-23Set/Reset Deadlines: Status Report due by 11/4/2019 (lsj) (Entered: 10/23/2019)
2019-11-0434STATUS REPORT by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Attachments: # 1 Declaration Smith, Theodore)(Rogers, Joshua) (Entered: 11/04/2019)
2019-11-12MINUTE ORDER: The Court has reviewed EOUSA's 34 November 4, 2019 status report. In light of EOUSA's description of the materials contained in the estimated 200,000 pages of potentially responsive records discovered in the USAO for the District of Columbia, the relationship between those records and the more narrow categories of records that Plaintiff has sought in subsequent FOIA requests (which are not subject to this litigation), and the estimated 3-year processing time for those records (which the Court accepts as a good faith estimate), Plaintiff is directed to file a notice advising the Government if he is willing to either forego or narrow the scope of Request 2017-00487 so as to expedite the processing of the records that he is most interested in receiving. Plaintiff shall file the notice by December 12, 2019. Should Plaintiff choose to narrow the scope of the request, the Government shall, within 30 days thereafter, provide Plaintiff and the Court with a revised estimate of the number of responsive records and a realistic processing and production schedule. Given the way that EOUSA processes FOIA requests and its current backlog, Plaintiff is reminded that the more targeted his request is, the sooner he is likely to receive responsive records. Signed by Judge Christopher R. Cooper on 11/12/19. (lccrc2) (Entered: 11/12/2019)
2019-11-12Set/Reset Deadlines: Plaintiff's Status Report due by 12/12/2019 (lsj) (Entered: 11/12/2019)
2019-11-1435RESPONSE (Objections) re 34 Status Report filed by DONOVAN DAVIS, JR. (ztth) (Entered: 11/19/2019)
2019-11-2036RESPONSE TO ORDER OF THE COURT re 11/12/19 Minute Order,,,,, filed by DONOVAN DAVIS, JR. (ztd) (Entered: 11/22/2019)
2019-11-2537NOTICE OF SUBSTITUTION OF COUNSEL by William J. Chang on behalf of EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY Substituting for attorney JOSHUA ROGERS (Chang, William) (Entered: 11/25/2019)
2019-11-25MINUTE ORDER: In light of 36 Plaintiff's Response to the Court's November 12, 2019 Minute Order, EOUSA is directed to continue processing Plaintiff's existing FOIA request. EOUSA shall produce responsive, non-exempt documents on a rolling basis every ninety days beginning February 28, 2020. EOUSA is further directed to file a status report every ninety days, beginning March 13, 2020, summarizing the progress of the production. EOUSA shall complete the production by November 1, 2022 as estimated in its 34 Status Report. Once production is complete, the Court will consider summary judgment on both the Florida and D.C. records at the same time. The Court thus STRIKES 23 the Government's Motion for Summary Judgment at this time. SO ORDERED. Signed by Judge Christopher R. Cooper on 11/25/19. (lccrc2) (Entered: 11/25/2019)
2019-11-25Set/Reset Deadlines: Status Report due by 3/13/2020 (lsj) (Entered: 11/25/2019)
2020-03-0938MOTION for Order to Show Cause by DONOVAN DAVIS, JR (ztd) (Entered: 03/11/2020)
2020-03-1339STATUS REPORT and Response to Plaintiff's Motion, ECF No. 38, by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Chang, William) (Entered: 03/13/2020)
2020-03-1340RESPONSE re 38 MOTION for Order to Show Cause filed by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (ztd); (See docket entry no. 39 to view.) (Entered: 03/16/2020)
2020-03-16MINUTE ORDER: In light of 39 the Government's latest status report, 38 Plaintiff's Motion for Order to Show Cause is hereby DENIED. Consistent with the Court's November 29, 2019 Minute Order, the Government shall file its next status report by June 11, 2020. Signed by Judge Christopher R. Cooper on 3/16/20. (lccrc2) (Entered: 03/16/2020)
2020-03-16Set/Reset Deadlines: Status Report due by 6/11/2020 (lsj) (Entered: 03/16/2020)
2020-06-1141STATUS REPORT by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Chang, William) (Entered: 06/11/2020)
2020-06-2542RESPONSE re 41 Status Report filed by DONOVAN DAVIS, JR. (ztd) (Entered: 06/26/2020)
2020-06-2543MOTION to Appoint Counsel by DONOVAN DAVIS, JR (ztd); (See docket entry no. 42 to view) (Entered: 06/26/2020)
2020-07-0844Memorandum in opposition to re 43 MOTION to Appoint Counsel filed by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Attachments: # 1 Text of Proposed Order)(Chang, William) (Entered: 07/08/2020)
2020-07-08MINUTE ORDER denying 43 Plaintiff's Motion to Appoint Counsel. Plaintiff is not proceeding in forma pauperis and has not established his entitlement to counsel under LCvR 83.11(b)(3). Signed by Judge Christopher R. Cooper on 7/8/20. (lccrc2) (Entered: 07/08/2020)
2020-07-1345REPLY to opposition to motion re 43 MOTION to Appoint Counsel filed by DONOVAN DAVIS, JR. (ztd) (Entered: 07/18/2020)
2020-07-2146NOTICE OF SUBSTITUTION OF COUNSEL by Kathleene A. Molen on behalf of EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY Substituting for attorney William Chang (Molen, Kathleene) (Entered: 07/21/2020)
2020-08-2547STRICKEN PURSUANT TO MINUTE ORDER ENTERED ON 9/3/2020.....MOTION for Order to Show Cause by DONOVAN DAVIS, JR (ztd) (Additional attachment(s) added on 8/27/2020: # 1 Attachment) (ztd). Modified on 9/4/2020 (lsj). (Entered: 08/27/2020)
2020-09-03MINUTE ORDER: Upon consideration of 47 Plaintiff's Motion for Order to Show Cause, the Court hereby STRIKES the Motion from the docket, without prejudice to Plaintiff's right to raise any arguments regarding Defendant EOUSA's demand for advance payment of fees in a procedurally appropriate filing in the future. The Court further ORDERS that in its next status report, EOUSA shall explain (1) whether it has in fact stopped processing potentially responsive records pending advance payment of fees and (2) if so, whether this course of action is consistent with 5 U.S.C. § 552(a)(4)(A)(viii), which provides, subject to certain exceptions, that "an agency shall not assess any search fees... if the agency has failed to comply with any time limit under" 5 U.S.C. § 552(a)(6); see also 28 C.F.R. § 16.10(d)(2). Signed by Judge Christopher R. Cooper on 09/03/2020. (lccrc3) (Entered: 09/03/2020)
2020-09-1148STATUS REPORT by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Attachments: # 1 Declaration)(Molen, Kathleene) (Entered: 09/11/2020)
2020-09-1749ORDER TO SHOW CAUSE as to Defendant EOUSA. See full Order for details. Show Cause Response due by 10/1/2020. Signed by Judge Christopher R. Cooper on 09/17/2020. (lccrc3) (Entered: 09/17/2020)
2020-09-2150STATUS REPORT by DONOVAN DAVIS, JR. (ztd) (Entered: 09/30/2020)
2020-10-0151RESPONSE TO ORDER TO SHOW CAUSE by UNITED STATES SECRET SERVICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION filed by UNITED STATES SECRET SERVICE, EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit Supplemental Declaration Mr. Smith)(Molen, Kathleene) (Entered: 10/01/2020)
2020-10-05MINUTE ORDER: In light of EOUSA's 51 Response to Order to Show Cause, it is hereby ORDERED that the 49 Order to Show Cause is discharged. Consistent with the Court's Minute Order dated 11/25/2019, EOUSA shall continue processing plaintiff's FOIA request and producing responsive, non-exempt documents on a rolling basis. Signed by Judge Christopher R. Cooper on 10/05/2020. (lccrc3) (Entered: 10/05/2020)
2020-10-2652NOTICE by DONOVAN DAVIS, JR (ztd) (Entered: 10/28/2020)
2020-12-1153STATUS REPORT by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Molen, Kathleene) (Entered: 12/11/2020)
2020-12-11MINUTE ORDER: In light of EOUSA's 53 Status Report, EOUSA is hereby directed to file its next Status Report on or before March 11, 2021. Signed by Judge Christopher R. Cooper on 12/11/2020. (lccrc3) (Entered: 12/11/2020)
2021-01-2254STATUS REPORT by DONOVAN DAVIS, JR. (ztd) (Entered: 01/27/2021)
2021-02-1055NOTICE of Second Mailing by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY (Attachments: # 1 Exhibit 1)(Molen, Kathleene) (Entered: 02/10/2021)
2021-03-1156STATUS REPORT by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Molen, Kathleene) (Entered: 03/11/2021)
2021-03-11MINUTE ORDER: In light of the 56 Status Report, EOUSA is hereby directed to file a further Status Report on or before June 9, 2021. Signed by Judge Christopher R. Cooper on 03/11/2021. (lccrc3) (Entered: 03/11/2021)
2021-06-0957STATUS REPORT by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Molen, Kathleene) (Entered: 06/09/2021)
2021-06-11MINUTE ORDER: In light of the 57 Status Report, EOUSA is hereby directed to file a further Status Report on or before September 7, 2021. Signed by Judge Christopher R. Cooper on 06/11/2021. (lccrc3) (Entered: 06/11/2021)
2021-09-0358STATUS REPORT by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Molen, Kathleene) (Entered: 09/03/2021)
2021-09-16MINUTE ORDER: In light of the 58 Defendant's Status Report, Defendant is hereby directed to file a further status report on or before December 6, 2021. That December 6, 2021 status report shall provide an update regarding the three compact discs (CDs) mentioned in the latest status report, and the status of EOUSA's review of those CDs. So Ordered. Signed by Judge Christopher R. Cooper on 9/16/2021. (lccrc3) (Entered: 09/16/2021)
2021-11-2359NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY Substituting for attorney Kathleene A. Molen (Moustakas, John) (Entered: 11/23/2021)
2021-12-0760STATUS REPORT by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Moustakas, John) (Entered: 12/07/2021)
2021-12-09MINUTE ORDER: In light of the 60 Defendant's Status Report, the Defendant is hereby directed to file a further Status Report on or before February 7, 2022. Signed by Judge Christopher R. Cooper on 12/9/2021. (lccrc3) Modified on 12/9/2021 (lsj). (Entered: 12/09/2021)
2022-02-0761STATUS REPORT by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Moustakas, John) (Entered: 02/07/2022)
2022-02-09MINUTE ORDER: In light of the Defendant's 61 Status Report, Defendant is hereby directed to file a further Status Report on or before May 9, 2022. Further, Plaintiff is hereby directed to obtain and file an authorization form or a "package delivery permit" with the Coleman Low Federal Correctional Institution. Plaintiff shall notify Defendant after the form or permit has been filed, or, alternatively, notify Defendant why he cannot otherwise take delivery of the requested documents. So Ordered by Judge Christopher R. Cooper on 2/9/2022. (lccrc3) (Entered: 02/09/2022)
2022-05-1062STATUS REPORT by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Moustakas, John) (Entered: 05/10/2022)
2022-05-17MINUTE ORDER: It appears from the docket that the Court's prior Minute Order, dated 2/9/2022, may not have been delivered to Plaintiff. Accordingly, the Court will reissue that Minute Order here and directs that it be mailed to Plaintiff at the address reflected on the record: Plaintiff is hereby directed to obtain and file an authorization form or a "package delivery permit" with the Coleman Low Federal Correctional Institution. Plaintiff shall notify Defendant after the form or permit has been filed, or, alternatively, notify Defendant why he cannot otherwise take delivery of the requested documents. Further, Defendant is hereby directed to file a status report on or before July 5, 2022. So Ordered by Judge Christopher R. Cooper on 5/17/2022. (lccrc3) (Entered: 05/17/2022)
2022-07-0563STATUS REPORT by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Moustakas, John) (Entered: 07/05/2022)
2022-07-07MINUTE ORDER: In light of Defendant's 63 Status Report, it appears that Plaintiff has not complied with the Court's Minute Orders dated 5/17/2022 and 2/9/2022. Those orders directed Plaintiff to obtain and file an authorization form or a "package delivery permit" with the Coleman Low Federal Correctional Institution, or, alternatively, to notify Defendant why he cannot take delivery of documents. Accordingly, it is hereby ORDERED that Plaintiff file a response on or before July 22, 2022, stating whether he disputes any of the statements made in the Defendant's 63 Status Report, or explaining why he has failed to comply with the Court's orders. Plaintiff is on notice that failure to file a response within the time provided will result in dismissal without prejudice for failure to prosecute this action. So Ordered by Judge Christopher R. Cooper on 7/7/2022. (lccrc3) (Entered: 07/07/2022)
2022-07-2064RESPONSE TO MINUTE ORDER OF THE COURT re Order, filed by DONOVAN DAVIS, JR. (zjm) (Entered: 07/22/2022)
2022-07-28MINUTE ORDER: The Court's role in civil cases is to decide disputes and help parties bring their cases to an efficient conclusion. It is not to facilitate the operations of the prison mail system. Having reviewed 64 Plaintiff's Response to the 7/7/2022 Minute Order, the Court is at a loss to understand why he would not be receiving mailed pleadings and court filings at his facility (if in fact that is the case), or why the government and Bureau of Prisons cannot coordinate with Plaintiff and his facility to send him the FOIA production in this case. The Court would ordinarily convene the parties to help them forge a path forward in circumstances like these. That is less feasible in cases like this one involving incarcerated plaintiffs. Therefore, the Court hereby directs the government, with the assistance of BOP as necessary, to determine the cause of these apparent mail delivery challenges and, if possible, find a solution so that this case can proceed to a resolution. The Court further ORDERS that the government file a status report -- hopefully indicating that Plaintiff has received the production -- by August 29, 2022. So Ordered by Judge Christopher R. Cooper on 7/28/2022. (lccrc3) (Entered: 07/28/2022)
2022-08-2965STATUS REPORT by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Attachments: # 1 Exhibit Attachment 1 (Package Permit))(Moustakas, John) (Entered: 08/29/2022)
2022-08-31MINUTE ORDER: In light of 65 Defendant's Status Report, the Court hereby directs the Plaintiff to file a status report by October 7, 2022, presenting his position as to the discharge of the Government's obligations. Defendant is also directed to submit a status report by November 7, 2022. Signed by Judge Christopher R. Cooper on 08/31/2022. (lccrc3) (Entered: 08/31/2022)
2022-10-1266LEAVE TO FILE DENIED- Christine Davis - Motion for Extension of Time. This document is unavailable as the Court denied its filing. "LEAVE TO FILE DENIED, Papers may be filed in this court only by Pro Se parties or counsel." Signed by Judge Christopher R. Cooper on 10/12/2022. (zjm) (Entered: 10/13/2022)
2022-10-13MINUTE ORDER: The Court has received a response to its August 31, 2022 Minute Order directing Plaintiff to indicate his position on whether the government has discharged its FOIA obligations. The response, which seeks an extension of time to file a more comprehensive response, was signed and mailed by a non-attorney third-party, in violation of the Court's local rules. The Court has therefore denied leave to file the response. However, the response indicates that the Plaintiff does object to the government's production. Accordingly, and to avoid still further delay in this long-running case, the Court will set the following schedule for summary judgment briefing. The government shall, by November 18, 2022, provide Plaintiff a Vaughn index cataloging any responsive documents that were withheld from the production. The government shall then file, by December 9, 2022, a motion for summary judgment on the adequacy of its search. Plaintiff shall, by January 20, 2023, file any cross-motion for summary judgment challenging both the adequacy of the search and any withholdings/redactions. The government shall file its combined opposition and reply on or before February 17, 2023. The Plaintiff shall file any reply by March 10, 2023. SO ORDERED by Judge Christopher R. Cooper on 10/13/2022. (lccrc3) (Entered: 10/13/2022)
2022-11-0767STATUS REPORT by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Moustakas, John) (Entered: 11/07/2022)
2022-11-09MINUTE ORDER: In light of the 67 Defendant's status report, the briefing schedule set forth in the Court's October 13, 2022 minute order is hereby vacated. Defendant shall file another status report by November 21, 2022 proposing a summary judgment briefing schedule. Signed by Judge Christopher R. Cooper on 11/09/2022. (lccrc3) (Entered: 11/09/2022)
2022-11-2168STATUS REPORT by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Moustakas, John) (Entered: 11/21/2022)
2022-12-01MINUTE ORDER: In light of Defendant's 68 Status Report, the Court ORDERS plaintiff personally to file a notice, by January 3, 2023, indicating his position on whether the government has discharged its FOIA obligations. Plaintiff shall specifically identify the nature of any objections to the adequacy of the government's search for responsive records or its withholdings or redactions. Doing so will help eliminate or narrow the issues for summary judgment proceedings and expedite the resolution of this long-running case. If plaintiff identifies his objections, summary judgment briefing will proceed as follows: Defendant's motion for summary judgment will be due by March 21, 2023, Plaintiff's opposition and cross-motion, if any, will be due by April 20, 2023, Defendant's combined opposition and reply will be due by May 11, 2023, and Plaintiff's reply, if any, will be due by June 1, 2023. If plaintiff fails to submit the requested notice, Defendant may file a motion to dismiss for want of prosecution by February 3, 2023. SO ORDERED by Judge Christopher R. Cooper on 12/1/2022. (lccrc3) (Entered: 12/01/2022)
2023-01-0669NOTICE by DONOVAN DAVIS, JR (zjm) (Entered: 01/10/2023)
2023-01-12MINUTE ORDER: The Court has reviewed the 69 Notice filed by Plaintiff in response to the Court's December 1, 2022 Minute Order. The Notice faults the government for the manner of its production. But it does not indicate, as the Court ordered, whether Plaintiff contests the adequacy of the government's search (i.e., whether Plaintiff believes the government has failed to produce records he requested due to an inadequate search). As to the manner of production, the Court is not aware of any obligation on the part of the government to annotate or explain to a FOIA requestor what it has produced. It is obligated at some point, however, to inform the recipient, through a Vaughn Index or agency declaration, of what records have been withheld (or redacted) and on what basis. Given that Plaintiff appears to remain dissatisfied with the production generally, the Court will assume that summary judgment briefing will be necessary and will set the following schedule, based on the one proposed by Government in its November 21, 2022 status report. Defendant shall file its motion for summary judgment on the adequacy of the search, supported by an agency declaration, by March 13, 2023. By the same date (or earlier if possible), Defendant shall provide to Plaintiff a Vaughn index identifying and indicating the basis for any withholdings (or the basis for any redactions to the extent they are not indicated on the face of the documents produced). Plaintiff shall file a combined opposition to government and cross-motion for summary judgment by April 12, 2023 contesting the adequacy of the search and the basis for any withholdings that he believes were improper. The government shall by May 12, 2023 file its reply and opposition to Plaintiff's cross-motion, which the Court will all treat as an affirmative motion on any withholdings. Plaintiff shall file a final opposition/reply by June 2, 2023. SO ORDERED by Judge Christopher R. Cooper on 01/12/2023. (lccrc3) (Entered: 01/12/2023)
2023-03-1370MOTION to Vacate January 12, 2023 Minute Order by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE. (Attachments: # 1 Declaration, # 2 Exhibit)(Moustakas, John) (Entered: 03/13/2023)
2023-03-17MINUTE ORDER: In light of the 70 Motion to Vacate, all deadlines in this case are held in abeyance pending a response to the motion by the Plaintiff. Signed by Judge Christopher R. Cooper on 03/17/2023. (lccrc3) (Entered: 03/17/2023)
2023-04-0371RESPONSE re 70 MOTION to Vacate January 12, 2023 Minute Order filed by DONOVAN DAVIS, JR. (zjm) (Entered: 04/07/2023)
2023-05-01MINUTE ORDER: The Court has reviewed the government's 70 Motion to Vacate and 71 plaintiff's response. While the Court ordinarily does not hold status conferences in pro se prisoner FOIA cases, it will make an exception given the particular history and posture of this case. The government is directed to work with FCI Coleman to arrange the plaintiff's availability for a video conference within the next few weeks, and to coordinate with Chambers regarding potential dates and logistics. Agency counsel should also attend the conference. Signed by Judge Christopher R. Cooper on 05/01/2023. (lccrc3) (Entered: 05/01/2023)
2023-05-31MINUTE ORDER: The parties are hereby directed to appear for a Status Conference on June 6, 2023 at 01:00 PM by Zoom before Judge Christopher R. Cooper. Signed by Judge Christopher R. Cooper on 05/31/2023. (lccrc3) (Entered: 05/31/2023)
2023-06-06Minute Entry for telephonic Status Conference held before Judge Christopher R. Cooper on 6/6/2023. Forthcoming Order. (Court Reporter: Jeff Hook) (lsj) (Entered: 06/06/2023)
2023-06-08MINUTE ORDER granting 70 Defendant's Motion to Vacate January 12, 2023 Minute Order. The Court hereby vacates the deadlines set forth in its January 12, 2023 Minute Order, lifts the stay imposed in response to the 70 Motion to Vacate, and resets the summary judgment briefing schedule. As discussed and agreed by the parties at the June 6, 2023 telephonic status conference, Defendant shall file its motion for summary judgment on the adequacy of the search, supported by an appropriate agency declaration, by August 7, 2023. By the same date (or earlier if possible), Defendant shall provide Plaintiff a Vaughn index identifying and indicating the basis for the agency's withholdings and redactions pursuant to FOIA Exemption (b)(5) and the deliberative process and attorney-work-product privileges. Plaintiff has agreed not to challenge withholdings or redactions made pursuant to FOIA Exemptions (b)(3) and Fed. R. Crim P. 6(e), (b)(6), (b)(7)(C), and (b)(7)(E). Plaintiff shall by September 6, 2023 file a combined opposition and cross-motion for summary judgment contesting the adequacy of the search and the basis for any Exemption (b)(5) withholdings that he believes were improper. The government shall by October 6, 2023 file its reply and opposition to Plaintiff's cross-motion, which the Court will all treat as an affirmative motion on any withholdings. Plaintiff shall file a combined opposition and reply by November 6, 2023. The government may file a final combined reply by November 13, 2023. Signed by Judge Christopher R. Cooper on 06/08/2023. (lccrc3) (Entered: 06/08/2023)
2023-08-0672MOTION for Extension of Time to File Motion for Partial Summary Judgment by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE. (Moustakas, John) (Entered: 08/06/2023)
2023-08-08MINUTE ORDER granting 72 Defendant's Motion for Extension of Time to File Motion for Partial Summary Judgment. Defendant's partial motion for summary judgment shall now be due by August 10, 2023. Signed by Judge Christopher R. Cooper on 8/8/2023. (lccrc3) (Entered: 08/08/2023)
2023-08-1073MOTION for Partial Summary Judgment by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE. (Attachments: # 1 Statement of Facts, # 2 Declaration Smith Declaration, # 3 Exhibit Exhibits to Smith Declaration)(Moustakas, John) (Entered: 08/10/2023)
2023-08-1474ORDER advising Plaintiff to respond to Defendant's 73 Motion for Summary Judgment by September 11, 2023 or risk entry of judgment for Defendant on what will be treated as a conceded motion. See full Order for details. The briefing schedule is also updated as follows. Plaintiff shall file a combined opposition and cross-motion for summary judgment contesting the adequacy of the search and the basis for any FOIA Exemption (b)(5) withholdings that he believes were improper no later than September 11, 2023. Defendant shall file by October 9, 2023 its consolidated reply and opposition, which the Court will treat as an affirmative motion on any withholdings. Plaintiff shall file his combined opposition and reply by November 9, 2023. Defendant may file a final combined reply by November 16, 2023.Signed by Judge Christopher R. Cooper on 8/14/2023. (lccrc3) (Entered: 08/14/2023)
2023-09-1175MOTION for Extension of Time to file Combined Opposition and Cross-Motion for Summary Judgment by DONOVAN DAVIS, JR. (zjm) (Entered: 09/13/2023)
2023-09-14MINUTE ORDER granting 75 Plaintiff's Motion for Extension of Time to file his Combined Opposition and Cross-Motion for Summary Judgment. Plaintiff's combined opposition and cross-motion shall be due on or by September 21, 2023. The Court also construes the Clerk's Office's filing of Plaintiff's motion on ECF as proper service of the motion on the government. Signed by Judge Christopher R. Cooper on 9/14/2023. (lccrc3) (Entered: 09/14/2023)
2023-09-2076RESPONSE TO ORDER OF THE COURT re Order on Motion for Extension of Time to, Set/Reset Deadlines, filed by DONOVAN DAVIS, JR. (zjm) (Entered: 09/26/2023)
2023-09-27MINUTE ORDER: Defendants are directed to respond, by September 29, 2023, to the representation in 76 Plaintiff's opposition that he did not receive a copy of Defendants' 73 summary judgment motion. Out of an abundance of caution, the Court further directs Defendants to send Plaintiff by certified mail another copy of Defendants' summary judgment motion. Signed by Judge Christopher R. Cooper on 9/27/2023. (lccrc3) (Entered: 09/27/2023)
2023-09-2777RESPONSE TO ORDER OF THE COURT re Status Report Order, filed by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE. (Moustakas, John) (Entered: 09/27/2023)
2023-09-28MINUTE ORDER: In light of the 77 Defendants' Response to Order of the Court, the Court adjusts the summary judgment briefing schedule as follows. Plaintiff shall file his combined opposition and cross-motion for summary judgment contesting the adequacy of the search and the basis for any FOIA Exemption (b)(5) withholdings that he believes were improper no later than October 30, 2023. Defendant shall file by November 29, 2023 its consolidated reply and opposition, which the Court will treat as an affirmative motion on any withholdings. Plaintiff shall file his combined opposition and reply by December 29, 2023. Defendant may file a final combined reply by January 5, 2024. Signed by Judge Christopher R. Cooper on 9/28/2023. (lccrc3) (Entered: 09/28/2023)
2023-11-0278Memorandum in opposition to re 73 Motion for Partial Summary Judgment, filed by DONOVAN DAVIS, JR. (zjm) (Entered: 11/08/2023)
2023-11-2979REPLY to opposition to motion re 73 MOTION for Partial Summary Judgment filed by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY, UNITED STATES FEDERAL BUREAU OF INVESTIGATION, UNITED STATES SECRET SERVICE. (Moustakas, John) (Entered: 11/29/2023)
2023-12-2880NOTICE OF SUBSTITUTION OF COUNSEL by Joseph F. Carilli, Jr on behalf of All Defendants Substituting for attorney John Moustakas (Carilli, Joseph) (Entered: 12/28/2023)
2024-04-0481OPINION AND ORDER granting 73 Defendant EOUSA's Motion for Partial Summary Judgment. Defendant shall notify the Court and Plaintiff, by April 18, 2024, whether the July 26, 2023 version of the Vaughn index, which was delivered to Plaintiff, is the final version of the index. If Defendant has not provided Plaintiff with the final Vaughn index, Defendant shall provide it to Plaintiff immediately, and Plaintiff shall notify the Court by May 20, 2024 whether he contests any entries that were not included on the draft version of the index he received on July 26, 2023. See full Opinion and Order for details. Signed by Judge Christopher R. Cooper on 4/4/2024. (lccrc3) (Entered: 04/04/2024)
2024-04-1882STATUS REPORT by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Carilli, Joseph) (Entered: 04/18/2024)
2024-05-0783ORDER granting summary judgment to Defendant EOUSA in full and dismissing this case with prejudice. See full Order for details. Signed by Judge Christopher R. Cooper on 5/7/2024. (lccrc3) (Entered: 05/07/2024)
2024-05-0884STATUS REPORT by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Carilli, Joseph) (Entered: 05/08/2024)
2024-05-08MINUTE ORDER: In light of 84 Defendant's Status Report, the Clerk of Court is directed to change Plaintiff's address on the docket to the following: Donovan Davis, #60439-018, FPC Montgomery, Federal Prison Camp, Maxwell Air Force Base, Montgomery, AL 36112. Signed by Judge Christopher R. Cooper on 5/8/2024. (lccrc3) (Entered: 05/08/2024)
2024-05-0985Mail Returned as Undeliverable re 81 Order on Motion for Partial Summary Judgment. Sent to Donovan Davis on 4/4/2024. Resent to New Address: Donovan Davis, #60439-018, FPC Montgomery, Federal Prison Camp, Maxwell Air Force Base, Montgomery, AL 36112. (lsj) (Entered: 05/09/2024)
2024-05-2086STATUS REPORT by EXECUTIVE OFFICE FOR THE UNITED STATES ATTORNEY. (Carilli, Joseph) (Entered: 05/20/2024)
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