Case Detail

FOIA Project Annotation: Judge Trevor McFadden has ruled that the EOUSA properly withheld records requested by David Linder, who was convicted on drug charges in the Eastern District of Virginia, pertaining to the grand jury testimony of Roy Hammond under Exemption 3 (other statutes). The agency had cited Rule 6(e) on grand jury secrecy as the basis for its Exemption 3 claim. Finding that the agency had properly applied Rule 6(e) here, McFadden noted that "grand jury testimony is quintessentially Exemption 3 material because it is 'protected from disclosure by Rule 6(e).' Therefore, EOUSA, having properly invoked Exemption 3, is entitled to judgment as a matter of law." In a footnote, he noted that "because FOIA Exemption 3 protects the entire grand jury transcript testimony from disclosure, 'segregability is not an issue' here."
Issues: Exemption 3 - Limited agency discretion

Date Filed	Doc #	Docket Text
2018-04-23		Initiating Pleading & IFP Application Received on 4/23/2018. (jd) (Entered: 05/03/2018)
2018-04-23	1	COMPLAINT against EOUSA filed by DAVID W. LINDER.(jd) (Entered: 05/03/2018)
2018-04-23	2	MOTION for Leave to Proceed in forma pauperis by DAVID W. LINDER. (jd) (Entered: 05/03/2018)
2018-04-23	3	PARTIAL PRISONER TRUST FUND ACCOUNT STATEMENT by DAVID W. LINDER. (jd) (Entered: 05/03/2018)
2018-05-08	4	ORDER directing an initial partial filing fee in the amount of $1.86 from Prison Account of DAVID W. LINDER and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Signed by Judge Colleen Kollar-Kotelly on 5/7/2018. (zrdj) (Entered: 05/11/2018)
2018-05-15		Case Reassigned to Judge Trevor N. McFadden. Unassigned is no longer assigned to the case. (zmd) (Entered: 05/15/2018)
2018-05-15	5	NOTICE OF RELATED CASE by DAVID W. LINDER. Case related to Case No. 16-cv-2039. (zmd) (Entered: 05/16/2018)
2018-05-15	6	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by DAVID W. LINDER (zsb) (Entered: 05/18/2018)
2018-06-04	7	SUMMONS (3) Issued as to EOUSA, U.S. Attorney and U.S. Attorney General (zmd) (Entered: 06/04/2018)
2018-06-12	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/8/18. ( Answer due for ALL FEDERAL DEFENDANTS by 7/8/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/8/18., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EOUSA served on 6/11/2018 (ztd) (Entered: 06/19/2018)
2018-06-14	8	NOTICE of Appearance by Rhonda Lisa Campbell on behalf of EOUSA (Campbell, Rhonda) (Entered: 06/14/2018)
2018-07-09	10	ANSWER to 1 Complaint by EOUSA.(Campbell, Rhonda) (Entered: 07/09/2018)
2018-07-10		VACATED PURSUANT TO COURT'S ORDER DATED 7/13/2018.....MINUTE ORDER TO SHOW CAUSE. Defendant's 10 Answer was due on July 8, 2018, see 9 Return of Service/Affidavit, but was untimely filed on July 9, 2018. Defendant is hereby ORDERED, before or on July 17, 2018, to show cause for the untimely filing. Signed by Judge Trevor N. McFadden on 7/10/2018. (lctnm3) Modified on 7/23/2018 (hmc). (Entered: 07/10/2018)
2018-07-11		Set/Reset Deadlines: Defendant to show cause for the untimely filing by 7/17/2018. (hmc) (Entered: 07/11/2018)
2018-07-11		MINUTE ORDER. Defendant has filed an Answer to Plaintiff's Complaint brought under the Freedom of Information Act (FOIA). Because FOIA actions are exempt from the requirements of Federal Rule of Civil Procedure 26(f) and Local Civil Rule 16.3, an Answer does little to advance the proceedings. Defendant "denies that Plaintiff is entitled to any relief whatsoever," Answer at 3, which "must be made by motion." Fed. R. Civ. P. 7(b)(1). Accordingly, Defendant shall, before or on July 31, 2018, file a dispositive motion or submit a status report as to what proceedings are ongoing as to preclude filing of such motion. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/11/2018. (lctnm3) (Entered: 07/11/2018)
2018-07-11	11	RESPONSE TO ORDER OF THE COURT re Order, filed by EOUSA. (Campbell, Rhonda) (Entered: 07/11/2018)
2018-07-11		Set/Reset Deadlines: Defendant's dispositive motion or status report due by 7/31/2018. (hmc) (Entered: 07/11/2018)
2018-07-13		MINUTE ORDER. In light of Defendant's 11 Response to Order of the Court and Defendant's timely filing of its 10 Answer, the Court hereby VACATES the Order to Show Cause. Signed by Judge Trevor N. McFadden on 7/13/2018. (lctnm3) (Entered: 07/13/2018)
2018-07-30	12	STATUS REPORT by EOUSA. (Campbell, Rhonda) (Entered: 07/30/2018)
2018-07-30	13	REPLY re 1 Complaint filed by DAVID W. LINDER. (ztd) (Entered: 08/02/2018)
2018-08-01		MINUTE ORDER: Upon consideration of Defendant's 12 Status Report, it is hereby ORDERED that Defendant's Motion for Summary Judgment shall be filed on or before August 23, 2018. Plaintiff's Opposition shall be filed on or before October 4, 2018. Defendant's Reply shall be filed on or before October 25, 2018. Signed by Judge Trevor N. McFadden on 8/1/2018. (lctnm3) (Entered: 08/01/2018)
2018-08-01		Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 8/23/2018. Plaintiff's Opposition due by 10/4/2018. Defendant's Reply due by 10/25/2018. (hmc) (Entered: 08/01/2018)
2018-08-23	14	MOTION for Summary Judgment by EOUSA (Attachments: # 1 Memorandum in Support, # 2 Declaration and Exhibits, # 3 Statement of Facts)(Campbell, Rhonda) (Entered: 08/23/2018)
2018-08-30	15	ORDER advising Plaintiff to respond or the Court may deem Defendant's 14 Motion for Summary Judgment conceded. Plaintiff's response is due by October 4, 2018. Signed by Judge Trevor N. McFadden on 8/30/2018. (lctnm3) (Entered: 08/30/2018)
2018-08-31		Set/Reset Deadlines: Plaintiff's response to Defendant's Motion for Summary Judgment due by 10/4/2018. (hmc) (Entered: 08/31/2018)
2018-09-17	16	MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Summary Judgment by DAVID W. LINDER (ztd) (Entered: 09/20/2018)
2018-09-21		MINUTE ORDER: Upon consideration of Plaintiff's 16 Motion for Extension of Time to File, it is hereby ORDERED that Plaintiff shall file his reply to Defendant's Motion for Summary Judge on or before October 22, 2018. Defendant shall promptly mail a duplicate copy of its motion to Plaintiff's listed address. Signed by Judge Trevor N. McFadden on 9/21/2018. (lctnm3) (Entered: 09/21/2018)
2018-09-21		Set/Reset Deadlines: Plaintiff's response to Defendant's Motion for Summary Judgment due by 10/22/2018. (hmc) (Entered: 09/21/2018)
2018-11-05	17	Memorandum in opposition to re 14 MOTION for Summary Judgment filed by DAVID W. LINDER. (tth) (Entered: 11/08/2018)
2018-11-15	18	REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by EOUSA. (Campbell, Rhonda) (Entered: 11/15/2018)
2019-01-30	19	MEMORANDUM OPINION re EOUSA's 14 Motion for Summary Judgment. See attached Opinion for details. Signed by Judge Trevor N. McFadden on 1/30/2019. (lctnm3) (Entered: 01/30/2019)
2019-01-30	20	ORDER: For the reasons stated in the accompanying 19 Memorandum Opinion, it is hereby ORDERED that the Defendant's 14 Motion for Summary Judgment is GRANTED. The Clerk of the Court is directed to close the case. This is a final appealable Order. See attached Order for details. Signed by Judge Trevor N. McFadden on 1/30/2019. (lctnm3) (Entered: 01/30/2019)
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