Case Detail

FOIA Project Annotation: Judge Carl Nichols has ruled that the DEA conducted an adequate search in response to Gerry Burnett's request for records concerning the agency's investigation and prosecution of him on drug charges. He requested a copy of the search warrant and information about the type of cell site simulator technology the agency used. In response, the agency disclosed four pages in full and 41 pages with redactions under Exemption 6 (invasion of privacy) and Exemption 7 (law enforcement records). Burnett challenged the adequacy of the agency's search. Finding that the agency was not required to search for information referenced by Burnett in the form of a question, Nichols noted that "as for Burnett's contention that his request for information regarding surveillance was a proper request for records, not a question, the form of his submission is irrelevant. FOIA does not require federal agencies to provide information; it requires them to release records. Burnett's requests for 'methods of surveillance' and the 'method used to identify' him are requests for information, not records." Nichols agreed with the agency that Exemption 7(F) (harm to person) applied to the records. He pointed out that "here, the DEA explained that disclosing the names of individuals involved in drug investigations could result in 'harassment, reprisal, or physical retaliation' against those individuals â€" and notes that such dangers have been realized on several occasions."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2019-03-27	1	COMPLAINT against DOJ/DEA ( Filing fee $ 400, receipt number 4616097333) filed by GERRY D. BURNETT. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(jf) (Entered: 03/29/2019)
2019-03-27		SUMMONS (4) Issued as to DOJ/DEA, U.S. Attorney and U.S. Attorney General (jf) (Entered: 03/29/2019)
2019-06-18	2	MOTION to Compel by GERRY D. BURNETT. "Let this be filed. The Motion is Denied for failure to comply with local rules" signed by Judge Emmet G. Sullivan on 06/18/2019 (jf) . (Entered: 06/21/2019)
2019-06-24		Case directly reassigned to Judge Carl J. Nichols. Judge Emmet G. Sullivan is no longer assigned to the case. (rj) (Entered: 06/24/2019)
2019-07-25	3	MOTION for Extension of Time by GERRY D. BURNETT (jf) (Entered: 07/31/2019)
2019-07-25	4	MOTION to Appoint Counsel by GERRY D. BURNETT. "Let this be filed" Signed by Judge Carl J. Nichols on 07/25/2019 (jf) (Entered: 07/31/2019)
2019-07-25	5	MOTION for Reconsideration by GERRY D. BURNETT. "Let this be filed as a Motion to Reconsider Plaintiff's Motion to Compel" Signed by Judge Carl J. Nichols on 07/25/2019 (jf) (Entered: 07/31/2019)
2019-07-31		MINUTE ORDER. Upon consideration of Plaintiff's 3 Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED and that the deadline to serve the government defendants pursuant to Federal Rules of Civil Procedure 4(c) and 4(i) is extended to October 29, 2019. It is further ORDERED that the Clerk shall reissue the summonses to Plaintiff. Signed by Judge Carl J. Nichols on July 31, 2019. (lccjn1) (Entered: 07/31/2019)
2019-08-01		Set/Reset Deadlines: Plaintiff Deadline To Serve The Governments Defendants due by 10/29/2019. (mac) (Entered: 08/01/2019)
2019-08-01		MINUTE ORDER. Upon consideration of Plaintiff's 4 Motion to Appoint Counsel, the Court does not find appointment of civil counsel under Local Rule 83.11(b)(3) appropriate at this time. Plaintiff's Motion is therefore DENIED. Signed by Judge Carl J. Nichols on August 1, 2019. (lccjn1) (Entered: 08/01/2019)
2019-08-01		MINUTE ORDER. Upon consideration of Plaintiff's 5 Motion to Reconsider Plaintiff's Motion to Compel, it is hereby ORDERED that the Motion is DENIED. Signed by Judge Carl J. Nichols on August 1, 2019. (lccjn1) (Entered: 08/01/2019)
2019-08-02		SUMMONS REISSUED (4) as to DOJ/DEA, U.S. Attorney and U.S. Attorney General (zeg) (Entered: 08/02/2019)
2019-10-02	6	ANSWER to 1 Complaint by DOJ/DEA.(McBride, Patricia) (Entered: 10/02/2019)
2019-10-02	7	CERTIFICATE OF SERVICE by DOJ/DEA re 6 Answer to Complaint . (McBride, Patricia) (Entered: 10/02/2019)
2019-10-18	8	MOTION for Default Judgment by GERRY D. BURNETT. "Let this be filed as a Motion for Default Judgment" Signed by Carl J. Nichols, USDJ on 10/18/2019 (jf) (Entered: 10/25/2019)
2019-11-25	10	MOTION for Summary Judgment by GERRY D. BURNETT (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(eg) (Entered: 11/26/2019)
2019-11-26	9	MOTION for Leave to File by DOJ/DEA (Attachments: # 1 Exhibit A-Opposition to Default)(McBride, Patricia) (Entered: 11/26/2019)
2019-12-06	11	MOTION for Extension of Time to by DOJ/DEA (McBride, Patricia) (Entered: 12/06/2019)
2020-01-28		MINUTE ORDER. Upon review of Plaintiff's 8 Motion for Default Judgment, it is hereby ORDERED that the Motion is DENIED. There was no entry of default against Defendants as required under Federal Rule of Civil Procedure 55. Plaintiff has not submitted proof of service but attests that service on the U.S. Attorney was effected on September 3, 2019. Because Defendants had thirty days to respond under 5 U.S.C. § 552(a)(4)(C), Defendants' October 2, 2019 response was timely. Signed by Judge Carl J. Nichols on January 28, 2020. (lccjn3) (Entered: 01/28/2020)
2020-01-28		MINUTE ORDER. Upon review of Defendants' 9 Motion for Leave to Late File Opposition to Plaintiff's Motion for Default Judgment, and for good cause shown, it is hereby ordered that the Motion is GRANTED and the Court shall accept Defendants' Opposition to Plaintiff's 8 Motion for Default Judgment as filed. Signed by Judge Carl J. Nichols on January 28, 2020. (lccjn3) (Entered: 01/28/2020)
2020-01-28		MINUTE ORDER. Upon review of Defendants' 11 Motion for Extension of Time to File Opposition, and for good cause shown, it is hereby ORDERED that the Motion is GRANTED and that Defendants shall file their Opposition to Plaintiff's 10 Motion for Summary Judgment on or before January 30, 2020. Signed by Judge Carl J. Nichols on January 28, 2020. (lccjn3) (Entered: 01/28/2020)
2020-01-29	12	Cross MOTION for Summary Judgment by DOJ/DEA (Attachments: # 1 Declaration Exhibits)(McBride, Patricia) (Entered: 01/29/2020)
2020-01-31		NOTICE OF ERROR re 12 Motion for Summary Judgment; emailed to patricia.mcbride@usdoj.gov, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please file Opposition to Motion (zeg, ) (Entered: 01/31/2020)
2020-02-14	13	RESPONSE re 12 MOTION for Summary Judgment filed by GERRY D. BURNETT. (Attachment: # 1 Exhibit A)(zeg) (Entered: 02/19/2020)
2020-02-25	14	REPLY to opposition to motion re 12 Cross MOTION for Summary Judgment filed by DOJ/DEA. (McBride, Patricia) (Entered: 02/25/2020)
2020-07-07	15	NOTICE of Change of Address by GERRY D. BURNETT (eg). (Entered: 07/10/2020)
2021-03-31	16	ORDER denying 10 Motion for Summary Judgment; granting 12 Motion for Summary Judgment. Signed by Judge Carl J. Nichols on March 31, 2021. (lccjn2) (Entered: 03/31/2021)
2021-03-31	17	MEMORANDUM AND OPINION. Signed by Judge Carl J. Nichols on March 31, 2021. (lccjn2) (Entered: 03/31/2021)
2021-04-27	18	NOTICE OF APPEAL as to 16 Order on Motion for Summary Judgment, by GERRY D. BURNETT. Fee Status: No Fee Paid. Parties have been notified. (eg) (Entered: 04/30/2021)
2021-04-30	19	Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court re 18 Notice of Appeal. (eg) (Entered: 04/30/2021)
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