Case Detail

FOIA Project Annotation: Magistrate Judge Zia Faruqui has ruled that the Department of Housing and Urban Development properly responded to a FOIA request from Derek Jarvis for records the agency had pertaining to him and his mother, Shirley Pittman. Jarvis subsequently clarified his request as seeking records of any Fair Housing investigations into Grady Management in 2007 and 2009; Burnt Mills Crossing in 2013; or RIMSI Corporation in 2016. HUD provided an interim response to Jarvis containing 98 pages of responsive records. Jarvis subsequently narrowed his request to several Housing investigations into Grady Management, specifically any records held by HUD's D.C. field office. HUD searched its Region III field office, which included the District of Columbia Baltimore, and Philadelphia. HUD located another 56 pages of responsive records, which it disclosed to Jarvis. Jarvis then sued the agency, arguing that it had improperly withheld records regarding the investigation of Grady Management in 2007. Jarvis argued that the agency had failed to find records before 2009. However, Faruqui noted that "Jarvis has not submitted competent evidence that allows for an inference of conspiracy between HUD and Grady Management or that such missing records even exist. This is dispositive." Faruqui agreed with the agency's claims that the records would have been destroyed after five years based on its record retention policy. She noted that "HUD appropriately destroyed the hard-copy documents â€" to the extent there were any â€" in 2013."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2021-01-08		Initiating Pleading & IFP Application Received on 01/08/2021. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zsb) (Entered: 01/13/2021)
2021-01-08	1	COMPLAINT against U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT with Jury Demand filed by DEREK N. JARVIS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(zsb) (Entered: 01/13/2021)
2021-01-08	2	MOTION for Leave to Proceed in forma pauperis by DEREK N. JARVIS (zsb) (Entered: 01/13/2021)
2021-01-15		MINUTE ORDER. Plaintiff's Motion 2 for Leave to Proceed in forma pauperis is GRANTED. The Clerk shall randomly assign this case to a district judge for further proceedings. SO ORDERED. Signed by Judge Tanya S. Chutkan on 1/15/2021.(psu1) (Entered: 01/15/2021)
2021-01-15		Case Assigned to Judge Trevor N. McFadden. (zsb) (Entered: 01/15/2021)
2021-01-15	3	STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 1/15/2021. (lctnm3) (Entered: 01/15/2021)
2021-02-08	4	SUMMONS (3) Issued as to U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. Attorney and U.S. Attorney General sent to the U.S. Marshals Service (zsb) (Entered: 02/08/2021)
2021-02-10	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/10/2021. Answer due for ALL FEDERAL DEFENDANTS by 3/12/2021. (eg) (Entered: 02/12/2021)
2021-02-25	6	NOTICE of Appearance by Kenneth A. Adebonojo on behalf of U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Adebonojo, Kenneth) (Entered: 02/25/2021)
2021-02-25	7	NOTICE OF CONSENT TO ASSIGNMENT TO MAGISTRATE JUDGE by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Adebonojo, Kenneth) (Entered: 02/25/2021)
2021-02-25		MINUTE ORDER. Given Defendant's 7 Notice of Consent to Assignment to Magistrate Judge, Plaintiff shall inform the Court by March 25, 2021 whether he consents to referral of this action to a Magistrate Judge for all purposes. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/25/2021. (lctnm3) (Entered: 02/25/2021)
2021-02-26		Set/Reset Deadlines: Plaintiff's response due by 3/25/2021. (hmc) (Entered: 02/26/2021)
2021-03-09	8	Consent MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Adebonojo, Kenneth) (Entered: 03/09/2021)
2021-03-09		MINUTE ORDER granting Defendant's 8 Consent Motion for Extension of Time. Defendant shall respond to Plaintiff's 1 Complaint by April 13, 2021. Defendant is directed to Paragraph 9(A) of the Court's 3 Standing Order, which states that motions for extension of time "must be filed at least four business days prior to the first affected deadline." Future requests that do not comply with this requirement may be denied. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/9/2021. (lctnm3) (Entered: 03/09/2021)
2021-03-10		Set/Reset Deadlines: Defendant's response to the Complaint due by 4/13/2021. (hmc) (Entered: 03/10/2021)
2021-03-11	9	Consent to Proceed before US Magistrate Judge for All Purposes by DEREK N. JARVIS.. (eg) (Entered: 03/19/2021)
2021-03-19		MINUTE ORDER REFERRING CASE to a Magistrate Judge, to be assigned at random by the Clerk's Office, for all purposes, pursuant to the parties' 7 and 9 Notices of Consent to Assignment to Magistrate Judge. See LCvR 73.1(a). Signed by Judge Trevor N. McFadden on 3/19/2021. (lctnm3) (Entered: 03/19/2021)
2021-03-19		CASE RANDOMLY REFERRED to Magistrate Judge Zia M. Faruqui for all purposes. (zsb) (Entered: 03/22/2021)
2021-04-08	10	Consent MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Adebonojo, Kenneth) Modified event on 4/9/2021 (ztd). (Entered: 04/08/2021)
2021-04-09		ORDER granting 10 Defendant's Consent Motion for Extension of Time to file Answer; Defendant shall file an Answer to Plaintiff's Complaint by May 14, 2021. Signed by Magistrate Judge Zia M. Faruqui on 4/9/2021. (lclw) (Entered: 04/09/2021)
2021-05-14	11	Consent MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Adebonojo, Kenneth) (Entered: 05/14/2021)
2021-05-14		MINUTE ORDER granting 11 Defendant's Motion for Extension of Time to File Answer or Other Response to Plaintiff's Complaint. Defendant shall answer the Complaint by June 15, 2021. Signed by Magistrate Judge Zia M. Faruqui on 5/14/2021. (lclw) (Entered: 05/17/2021)
2021-05-21	12	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT served on 5/18/2021 (eg) (Entered: 05/27/2021)
2021-05-27	13	STANDING ORDER Establishing Procedures for Cases Before Magistrate Judge Zia M. Faruqui. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. This Order shall replace Judge McFadden's earlier Standing Order 3 . Signed by Magistrate Judge Zia M. Faruqui on 5/27/2021. (lclw) (Entered: 05/27/2021)
2021-06-15	14	ANSWER to 1 Complaint by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.(Graham-Oliver, Heather) (Entered: 06/15/2021)
2021-06-15	15	NOTICE of Appearance by Heather D. Graham-Oliver on behalf of U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Graham-Oliver, Heather) (Entered: 06/15/2021)
2021-06-16	16	CERTIFICATE OF SERVICE by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT re 14 Answer to Complaint . (Graham-Oliver, Heather) (Entered: 06/16/2021)
2021-06-16	17	CERTIFICATE OF SERVICE by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT re 15 Notice of Appearance . (Graham-Oliver, Heather) (Entered: 06/16/2021)
2021-09-09	18	Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Adebonojo, Kenneth) (Entered: 09/09/2021)
2021-09-14		ORDER adopting Proposed Briefing Schedule in 18 Parties' Joint Status Report. Signed by Magistrate Judge Zia M. Faruqui on 9/14/2021. (lcam) (Entered: 09/14/2021)
2021-09-17	19	NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Attorney Heather D. Graham-Oliver terminated. (Graham-Oliver, Heather) (Entered: 09/17/2021)
2021-10-28	20	Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Adebonojo, Kenneth) (Entered: 10/28/2021)
2021-10-29		MINUTE ORDER: granting 20 Motion for Extension of Time. The parties are directed to adhere to the following briefing schedule: (1) Defendants Motion for Summary Judgment is due on November 19, 2021; (2) Plaintiffs Opposition is due on January 7, 2022; (3) Defendants Reply is due on January 28, 2022. Signed by Magistrate Judge Zia M. Faruqui on 10/29/2021. (lcam) (Entered: 10/29/2021)
2021-11-19	21	MOTION for Summary Judgment by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Statement of Facts, # 2 Declaration Rachel Leith, # 3 Declaration Deborah Snowden, # 4 Exhibit Deborah Snowden Declaration Exhibits)(Adebonojo, Kenneth) (Entered: 11/19/2021)
2022-01-05	22	Memorandum in opposition to re 21 MOTION for Summary Judgment filed by DEREK N. JARVIS. (znmw) (Entered: 01/10/2022)
2022-01-28	23	REPLY to opposition to motion re 21 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Declaration)(Adebonojo, Kenneth) (Entered: 01/28/2022)
2022-08-29	24	ORDER advising Plaintiff of Summary Judgment standards. Plaintiff may supplement his previously filed opposition on or before September 12, 2022. Defendant may file any further reply on or before September 19, 2022. Signed by Magistrate Judge Zia M. Faruqui on 08/29/2022. (lcam) (Entered: 08/29/2022)
2022-09-19	25	NOTICE of Change of Address by DEREK N. JARVIS (zjm) (Entered: 09/23/2022)
2022-09-19	26	Supplemental Memorandum in opposition to re 21 Motion for Summary Judgment, filed by DEREK N. JARVIS. (Attachments: # 1 Affidavit of Derek Jarvis, # 2 Affidavit of Shirley Pittman)(zjm) (Entered: 09/23/2022)
2022-09-30	27	MEMORANDUM OPINION. Signed by Magistrate Judge Zia M. Faruqui on 9/20/2022. (lcia) (Entered: 09/30/2022)
2022-09-30	28	ORDER granting 21 Motion for Summary Judgment. Signed by Magistrate Judge Zia M. Faruqui on 9/20/2022. (lcia) (Entered: 09/30/2022)
2022-10-21	29	NOTICE OF APPEAL TO DC CIRCUIT COURT as to 28 Order by DEREK N. JARVIS. Fee Status: No Fee Paid. Parties have been notified. (zjm) (Entered: 10/24/2022)
2022-10-24	30	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 or motion to proceed In Forma Pauperis has been decided re 29 Notice of Appeal to DC Circuit Court. (zjm) (Entered: 10/24/2022)
2022-10-25		USCA Case Number 22-5280 for 29 Notice of Appeal to DC Circuit Court filed by DEREK N. JARVIS. (zjm) (Entered: 10/25/2022)
Hide Docket Events