Case Detail

FOIA Project Annotation: A federal court in California has ruled that the Administration for Children and Families properly responded to a three-part request from Michael Hucul for records concerning child support incentives paid to the State of California. In its first production, the agency disclosed 873 pages, including 335 pages in full and 538 with redactions under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). In its second production, the agency disclosed 1,092 pages, including 219 pages containing data about federal incentive money sent to California. ACF also disclosed 873 pages that had previously been withheld under Exemption 5 and another 83 pages of grant award notifications. Hucul then emailed the government's attorney seeking records including California's Interstate Reconciliation Report, the California Federal Case Registry, and the California Interstate Case Registry. Although it believed that records from the Office of Child Support Enforcement were not responsive to Hucul's request as written, it disclosed an additional 224 pages with redactions under Exemption 6. When Hucul challenged the adequacy of the agency's search, ACF explained to the court that child support payments were made under Title IV-D of the Social Security Act and thus were not considered responsive to Hucul's request. The agency pointed out that "incentive payments are not funded by, nor paid to, any State for use as any form of child support payments" and that "incentive payments are not funded by, nor paid to, any parent regardless of whether they are custodial, joint-custodial, or non-custodial." Further, the agency indicated that "in addition, states are not required to, nor do they, certify the purpose for which child support incentives are received." Hucul argued the agency misinterpreted his FOIA request. But the court agreed with the government that "a reasonable interpretation of Plaintiff's request is producing documents where California 'certified the child support incentives they received by "non-custodial parents" and/or "custodial or joint-custodial parents." A reasonable reading of the FOIA request does not support Plaintiff's argument that he sought the underlying child support orders to include the parent's name, custodial status of the parent and the case numbers." Hucul argued that if the agency needed to clarify its interpretation of the request, it was required under FOIA to contact the requester. ACF argued that Kowalczyk v. Dept of Justice, 73 F.3d 386 (D.C. Cir. 1996), held that agencies were not obligated to change their interpretation of a request based solely on a requester's clarification. The court pointed out that "while persuasive, the Court notes that in this case, Plaintiff does not seek to clarify his original request but instead sought to expand his original request. The Court concludes that Defendants conducted an adequate search and that they did not have a duty to seek clarification before or after they produced responsive documents."
Issues: Exemption 5 - Privileges, Agency Record

Date Filed	Doc #	Docket Text
2020-01-07	1	COMPLAINT against Administration for Children and Families, Office of Child Support Enforcement, United States Department of Health and Human Services ( Filing fee $ 400 receipt number CAS118287.), filed by Michael Hucul. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibits) The new case number is 3:20-cv-00035-GPC-AGS. Judge Gonzalo P. Curiel and Magistrate Judge Andrew G. Schopler are assigned to the case.(jmr) (rmc). (Entered: 01/07/2020)
2020-01-07	2	MOTION for Leave to Electronically File Documents by Michael Hucul. (jmr) (rmc). (Entered: 01/07/2020)
2020-01-07	3	Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons has been provided to plaintiffs not receiving notice electronically. (jmr) (rmc). (Entered: 01/07/2020)
2020-01-09	4	ORDER Granting Plaintiff's 2 Motion for Leave to Electronically File Documents. Signed by Judge Gonzalo P. Curiel on 1/9/20. (All non-registered users served via U.S. Mail Service)(dlg) (Entered: 01/09/2020)
2020-01-10	5	Amended Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (rmc) (Entered: 01/10/2020)
2020-01-21	6	SUMMONS Returned Executed by Michael Hucul. All Defendants served. (Attachments: # 1 Proof of Service Attorney General, # 2 Affidavit Declaration of Service, # 3 Exhibit Receipt, # 4 Exhibit Certidief mail receipt, # 5 Exhibit Confirmation of delivery, # 6 Exhibit Confirmation of delivery, # 7 Exhibit Confirmation of delivery, # 8 Exhibit Confirmation of delivery)(Hucul, Michael) QC email to file each summons returned executed separately (dlg). (Entered: 01/21/2020)
2020-02-14	7	ANSWER to 1 Complaint, by Administration for Children and Families, Office of Child Support Enforcement, United States Department of Health and Human Services. (Attachments: # 1 Proof of Service)(Church, Rebecca)Attorney Rebecca Grace Church added to party Administration for Children and Families(pty:dft), Attorney Rebecca Grace Church added to party Office of Child Support Enforcement(pty:dft), Attorney Rebecca Grace Church added to party United States Department of Health and Human Services(pty:dft) (dlg). (Entered: 02/14/2020)
2020-02-15	8	SUMMONS Returned Executed by Michael Hucul. United States Department of Health and Human Services served. (Attachments: # 1 Exhibit Receipt, # 2 Exhibit Confirmation of delivery, # 3 Exhibit Email to file service separately)(Hucul, Michael) (Entered: 02/15/2020)
2020-02-15	9	SUMMONS Returned Executed by Michael Hucul. Administration for Children and Families served. (Attachments: # 1 Exhibit Receipt, # 2 Exhibit Confirmation of delivery., # 3 Exhibit Email to file service separately.)(Hucul, Michael) (Entered: 02/15/2020)
2020-02-15	10	SUMMONS Returned Executed by Michael Hucul. Office of Child Support Enforcement served. (Attachments: # 1 Exhibit Receipt, # 2 Exhibit Confirmation of delivery., # 3 Exhibit Email to file service separately.)(Hucul, Michael) (Entered: 02/15/2020)
2020-02-21	11	ORDER (AGS): On March 11, 2020, at 1:00 p.m., the Court will hold a telephonic Case Management Conference. At that hearing, the parties must be prepared to address whether an Early Neutral Evaluation may be beneficial in this case. Defendants' counsel is responsible for initiating the joint call to chambers with all parties or their counsel on the line. By March 4, 2020, the parties must file a joint discovery plan. Signed by Magistrate Judge Andrew G. Schopler on 02/21/2020.(no document attached) (mxa) (Entered: 02/21/2020)
2020-03-04	12	JOINT DISCOVERY PLAN by Administration for Children and Families, Office of Child Support Enforcement, United States Department of Health and Human Services re 11 Set Hearings,, (Attachments: # 1 Proof of Service)(Church, Rebecca) (dlg). (Entered: 03/04/2020)
2020-03-11	13	MINUTE ENTRY (AGS): On March 11, 2020, the Court held a case management conference. On May 29, 2020, at 1:30 p.m., the Court will hold a telephonic status conference. Defense counsel is responsible for initiating a joint call to the Court with plaintiff on the line. Signed by Magistrate Judge Andrew G. Schopler on 03/11/2020. (CD# 3/11/2020 AGS 1:00-1:10). (Plaintiff Michael Hucul, pro se). (Defendant Attorney Rebecca G. Church). (no document attached) (mxa) (Entered: 03/11/2020)
2020-05-29	14	MINUTE ENTRY (AGS): On May 29, 2020, the Court held a telephonic status conference. On July 14, 2020, at 4:00 p.m., the Court will hold another telephonic status conference. Defense counsel is responsible for initiating that joint call with plaintiff on the line. Signed by Magistrate Judge Andrew G. Schopler on 05/29/2020.(CD# 5/29/2020 AGS 1:30-1:40). (no document attached) (mxa) (Entered: 05/29/2020)
2020-07-14	15	MINUTE ENTRY (AGS): On July 14, 2020, the Court held a telephonic status conference. On September 1, 2020, at 4:00 p.m., the Court will hold a further telephonic status conference. Defendant's counsel is responsible for initiating the joint call with all parties on the line. Signed by Magistrate Judge Andrew G. Schopler on 07/14/2020.(CD# 7/14/2020 AGS 4:00-4:15). (Plaintiff Michael Hucul, pro se). (Defendant Attorney Rebecca Grace Church). (no document attached) (mxa) (Entered: 07/14/2020)
2020-09-01	16	MINUTE ENTRY (AGS): On September 1, 2020, the Court held a telephonic status conference. All motions for summary judgment are due December 1, 2020. Signed by Magistrate Judge Andrew G. Schopler on 09/01/2020. (CD# 9/1/2020 AGS 4:00-4:15). (Plaintiff Michael Hucul, pro se). (Defendant Attorney Rebecca Grace Church). (no document attached) (mxa) (Entered: 09/01/2020)
2020-12-01	17	MOTION for Summary Judgment by Administration for Children and Families, Office of Child Support Enforcement, United States Department of Health and Human Services. (Attachments: # 1 Declaration Celeste Smith, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Statement of Facts, # 11 Proof of Service)(Church, Rebecca) (dlg). Modified on 1/21/2021 to send QC email for courtesy copies (dlg). (Entered: 12/01/2020)
2020-12-01	18	MOTION for Summary Judgment by Michael Hucul. (Attachments: # 1 Statement of Facts)(Hucul, Michael) (dlg). Modified on 1/21/2021 to send QC email for courtesy copies (dlg). (Entered: 12/01/2020)
2020-12-03	19	ORDER Setting Briefing Schedule re 17 , 18 : Responses due by 1/15/2021, Replies due by 1/29/2021. A hearing is set on February 26, 2021 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 12/3/20.(dlg) (Entered: 12/03/2020)
2021-01-15	20	RESPONSE in Opposition re 18 MOTION for Summary Judgment filed by Administration for Children and Families, Office of Child Support Enforcement, United States Department of Health and Human Services. (Attachments: # 1 Declaration Smith, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Supplement Declaration Smith, # 11 Statement of Facts Opposition, # 12 Proof of Service)(Church, Rebecca) (dlg). Modified on 1/21/2021 to send QC email for courtesy copies (dlg). (Entered: 01/15/2021)
2021-01-15	21	RESPONSE in Opposition re 17 MOTION for Summary Judgment filed by Michael Hucul. (Attachments: # 1 Statement of Facts)(Hucul, Michael) (dlg). Modified on 1/21/2021 to send QC email for courtesy copies (dlg). (Entered: 01/15/2021)
2021-01-29	22	REPLY to Response to Motion re 17 MOTION for Summary Judgment filed by Administration for Children and Families, Office of Child Support Enforcement, United States Department of Health and Human Services. (Attachments: # 1 Proof of Service)(Church, Rebecca) (dlg). (Entered: 01/29/2021)
2021-01-29	23	REPLY - Other re 20 Response in Opposition to Motion,, filed by Michael Hucul. (Hucul, Michael) (dlg). (Entered: 01/29/2021)
2021-02-25	24	NOTICE re 17 MOTION for Summary Judgment, 18 MOTION for Summary Judgment set for 2/26/21 at 1:30 pm will be held telephonically. COUNSEL AND THE PUBLIC - FOR TELEPHONIC HEARINGS: Dial (877) 848-7030, Access Code: 7030611. (All non-registered users served via U.S. Mail Service)(no document attached) (ksr) (Entered: 02/25/2021)
2021-02-26	25	Minute Entry for proceedings held before Judge Gonzalo P. Curiel: TELEPHONICMotion Hearing held on 2/26/2021 re 17 MOTION for Summary Judgment filed by Office of Child Support Enforcement, United States Department of Health and Human Services, Administration for Children and Families, 18 MOTION for Summary Judgment filed by Michael Hucul; Court directs parties to file a 1- page letter brief re: case law on or before 3-5-21. Then the matter will be taken under submission. (Court Reporter/ECR Chari Bowery). (Plaintiff Attorney Michael Hucul (by phone)). (Defendant Attorney Rebecca Church (by phone)). (no document attached) (ksr) (Entered: 02/26/2021)
2021-03-04	26	REPLY - Other re 17 MOTION for Summary Judgment , 25 Motion Hearing,, 18 MOTION for Summary Judgment Letter Brief filed by Administration for Children and Families, Office of Child Support Enforcement, United States Department of Health and Human Services. (Attachments: # 1 Proof of Service)(Church, Rebecca) (jpp). (Entered: 03/04/2021)
2021-03-04	27	REPLY - Other re 25 Motion Hearing,, Letter brief filed by Michael Hucul. (Hucul, Michael) (dlg). (Entered: 03/04/2021)
2021-03-15	28	ORDER Denying Plaintiff's Motion for Summary Judgment and Granting Defendant's Motion for Summary Judgment (ECF Nos. 17 , 18 ). Signed by Judge Gonzalo P. Curiel on 3/15/21. (dlg) (Entered: 03/15/2021)
2021-03-15	29	CLERK'S JUDGMENT. The Court DENIES Plaintiff's motion for summary judgment and GRANTS Defendants' motion for summary judgment. The Clerk of Court shall enter judgment and close the case. Case is closed.(dlg) (Entered: 03/15/2021)
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