Case Detail

FOIA Project Annotation: A federal court in Maryland has issued two separate decisions in resolving FOIA litigation brought by former FEMA FOIA Officer Terry Cochran, challenging whether the agency conducted an adequate search for Cochran's security clearance and medical leave records. In response to Cochran's FOIA request for records pertaining to her security clearance, the agency disclosed 37 pages. The agency disclosed 96 pages in response to her request for records related to her family and medical leave. Cochran challenged the agency's search in both instances, arguing that the agency had failed to produce certain records that should exist. Cochran claimed she had not received any records indicating that her security clearance had been closed. The agency explained that when an employee resigns, his or her security clearance is not closed but deactivated so the agency had no records showing that Cochran's security clearance had been closed. The court pointed out that "plaintiff has failed to demonstrate that the documentation she seeks actually exists. She provided no support for her assertion that FEMC 'must' have the document in its possession." Turning to her request for medical leave records, Cochran claimed the agency had failed to provide records of treatment she had received as well as an EEO complaint. But the court found that Cochran's allegations of existing records did not undercut the adequacy of the agency's search. The court noted that "in light of the FOIA procedure and production outlined in the [agency's declaration] the record amply demonstrates that FEMA has met its FOIA obligations here."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2018-01-22	1	COMPLAINT against Department of Homeland Security (DHS) ( Filing fee $ 400 receipt number 84637031464.), filed by Terry Cochran. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet, # 4 Proposed Summons)(jf3s, Deputy Clerk) (Entered: 01/24/2018)
2018-01-31	2	ORDER directing Clerk to prepare and issue summons and to return summons to Plaintiff. Signed by Judge Ellen L. Hollander on 1/31/2018. (c/m 1/31/18 bmhs, Deputy Clerk) (Entered: 01/31/2018)
2018-01-31	3	Summons Issued 60 days as to Department of Homeland Security (DHS). (c/m 1/31/18 bmhs, Deputy Clerk) (Entered: 01/31/2018)
2018-02-05	4	SUMMONS Returned Executed by Terry Cochran. Department of Homeland Security (DHS) served on 2/3/2018, answer due 4/4/2018.(bmhs, Deputy Clerk) (Entered: 02/07/2018)
2018-02-26	5	MOTION for Extension of Time to Respond to Complaints by Department of Homeland Security (DHS) (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:18-cv-00200-ELH, 1:18-cv-00201-ELH, 1:18-cv-00202-ELH(Cusson, Evelyn) (Entered: 02/26/2018)
2018-02-26	6	ORDER GRANTING 5 Motion for Extension of Time to Respond to the Complaint on or before 4/4/2018. Signed by Judge Ellen L. Hollander on 2/26/2018. (c/m) (hmls, Deputy Clerk) (Entered: 02/27/2018)
2018-04-04	7	MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss or in the Alternative for Summary Judgment by Department of Homeland Security (DHS) (Attachments: # 1 Memorandum of Law, # 2 Index of Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Text of Proposed Order)(Cusson, Evelyn) (Entered: 04/04/2018)
2018-04-04	8	Correspondence Correcting Earlier Submission: 7 Motion to Dismiss for Failure to State a Claim,,, Substiting Exhibit 5 for Corrected Exhibit 5 (Attachments: # 1 Exhibit 5)(Cusson, Evelyn) (Entered: 04/04/2018)
2018-04-05	9	Rule 12/56 letter mailed to Terry Cochran (c/m 4/5/18 bmhs, Deputy Clerk) (Entered: 04/05/2018)
2018-04-20	10	NOTICE of Appearance by Mark G Chalpin on behalf of Terry Cochran (Chalpin, Mark) (Entered: 04/20/2018)
2018-04-20	11	Consent MOTION for Extension of Time to File Response/Reply as to 7 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss or in the Alternative for Summary Judgment by Terry Cochran (Attachments: # 1 Text of Proposed Order)(Chalpin, Mark) (Entered: 04/20/2018)
2018-04-20	12	ORDER granting 11 Plaintiff's Consent Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 4/20/2018. (bmhs, Deputy Clerk) (Entered: 04/20/2018)
2018-05-07	13	Consent MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by Terry Cochran (Attachments: # 1 Text of Proposed Order)(Chalpin, Mark) (Entered: 05/07/2018)
2018-05-08	14	ORDER granting 13 Consent Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 5/8/2018. (bmhs, Deputy Clerk) (Entered: 05/08/2018)
2018-05-25	15	Consent MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by Terry Cochran (Attachments: # 1 Text of Proposed Order)(Chalpin, Mark) (Entered: 05/25/2018)
2018-05-25	16	ORDER granting 15 Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 5/25/2018. (bmhs, Deputy Clerk) (Entered: 05/25/2018)
2018-06-18	17	RESPONSE to Motion re 7 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss or in the Alternative for Summary Judgment filed by Terry Cochran. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(Chalpin, Mark) (Entered: 06/18/2018)
2018-07-02	18	Consent MOTION for Extension of Time to File Response/Reply as to 17 Response to Motion, by Department of Homeland Security (DHS). (Attachments: # 1 Text of Proposed Order)(Cusson, Evelyn) (Entered: 07/02/2018)
2018-07-02	19	ORDER granting 18 Consent Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 7/2/2018. (bmhs, Deputy Clerk) (Entered: 07/02/2018)
2018-07-13	20	Consent MOTION for Extension of Time to File Reply Memorandum by Department of Homeland Security (DHS) (Attachments: # 1 Text of Proposed Order)(Cusson, Evelyn) (Entered: 07/13/2018)
2018-07-16	21	ORDER granting 20 Second Consent Motion for Extension of Time. Signed by Judge Ellen L. Hollander on 7/16/2018. (bmhs, Deputy Clerk) (Entered: 07/17/2018)
2018-07-23	22	REPLY to Response to Motion re 7 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss or in the Alternative for Summary Judgment filed by Department of Homeland Security (DHS). (Attachments: # 1 Index of Exhibits, # 2 Exhibit A)(Cusson, Evelyn) (Entered: 07/23/2018)
2018-07-24	23	Supplemental to 22 Reply to Response to Motion, filed by Department of Homeland Security (DHS) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Cusson, Evelyn) (Entered: 07/24/2018)
2018-07-31	24	Supplemental to 17 Response to Motion, filed by Terry Cochran , Request for Hearing (Chalpin, Mark) (Entered: 07/31/2018)
2018-08-18	25	Consent MOTION to Withdraw as Attorney by Terry Cochran (Attachments: # 1 Text of Proposed Order)(Chalpin, Mark) (Entered: 08/18/2018)
2018-08-20	26	ORDER granting 25 Motion to Withdraw as Attorney. Attorney Mark G Chalpin terminated. Signed by Judge Ellen L. Hollander on 8/20/2018. (c/m 8/20/18 bmhs, Deputy Clerk) (Entered: 08/20/2018)
2018-08-20	27	Correspondence to Terry Cochran: Local Rule 101.2.(c/m 8/20/18 bmhs, Deputy Clerk) (Entered: 08/20/2018)
2019-03-05	28	MEMORANDUM OPINION. Signed by Judge Ellen L. Hollander on 3/5/2019. (c/m 3/5/19 bmhs, Deputy Clerk) (Entered: 03/05/2019)
2019-03-05	29	ORDER granting 7 Defendant's Motion for Summary Judgment; entering judgment in favor of Defendant; and directing Clerk to close the case. Signed by Judge Ellen L. Hollander on 3/5/2019. (c/m 3/5/19 bmhs, Deputy Clerk) (Entered: 03/05/2019)
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