Case Detail

FOIA Project Annotation: A federal court in Virginia has ruled that John Crandell failed to exhaust his administrative remedies for FOIA requests sent to the Department of Commerce's Economic Development Administration relating to an EDA grant from the 1990s for a development project in Hardy County, West Virginia. Crandell alleged that the records involved a major fraud against the U.S. government. Crandell's requests were sent to Christopher Anderson, an attorney at EDA's Philadelphia regional office. Anderson searched a database containing EDA grants and found the grant had been awarded to Hardy County Rural Development Association on May 27, 1992, and the last payment was made in May 1995. Anderson concluded that the records, if they still existed, would probably be in the Federal Records Center. The FRC indicated that it found no responsive records. Anderson also searched the Philadelphia office but found no records as well. He then told Crandell that no responsive records were found. Crandell did not file an administrative appeal of that decision. Crandell sent a second FOIA request, asking Anderson to explain how he concluded that the last payment of the grant was made in 1995. In response, Anderson sent Crandell the report from the database, indicating that was the only information available. Crandell did not file an administrative appeal of the second request. Crandell then submitted a third FOIA request for records concerning the communications between Anderson and the FRC about its search for records. At that time, Anderson was transitioning to a new role and handed off the request to Andrew Fiddes, who was assuming Anderson's FOIA workload. Fiddes sent Crandell 19 responsive pages that included a copy of the National Archives records retention schedule. Anderson also assisted Fiddes in responding to further questions from Crandell, that included screen shots of the relevant project number to Hardy County. Crandell then sent a request to Fiddes asking for records on how EDA processed FOIA requests. Fiddes responded to Crandell by sending him two responsive pages. Crandell claimed that he tried to appeal these requests by emailing an address in DOC's Office of Inspector General but received no response. Crandell then filed suit pro se in the Western District of Virginia. Judge Elizabeth Dillon agreed that Crandell had not exhausted his administrative remedies. She noted that Crandell's complaint was "submitted exceptionally late and to the wrong email address. Moreover, even assuming the complaint Crandell physically mailed in Juine 2021 met any form appeal requirements, it was incorrectly sent to the Office of the Inspector General, when Anderson's notice clearly instructed for appeals to be mailed to the Office of General Counsel." Dillon also found that EDA's search was appropriate. She pointed out that "for each request, EDA either produced responsive documents or provided a sensible explanation for why none existed (explanations which agencies are not required to provide. There is also no indication that EDA ever asserted any exceptions to FOIA disclosure. At times, EDA representatives even produced documents it had created specifically to cater to Crandell's request, such as screen shots of the OPCS database, which it was not required to do."
Issues: Litigation - Jurisdiction - Failure to Exhaust

Date Filed	Doc #	Docket Text
2021-07-09	1	PRO SE COMPLAINT against Christopher Anderson, Andrew Fiddes, U.S. Dept. of Commerce (Filing & Administrative fee $ 402, receipt# 500003303.), filed by John Osborne Crandell, III. (Attachments: # 1 Civil Cover Sheet, # 2 Cover Letter, # 3 Attachment A, # 4 Envelope)(jv) (Entered: 07/12/2021)
2021-07-09	2	Proposed Summons for Christopher Anderson, Andrew Fiddes, U.S. Dept. of Commerce by John Osborne Crandell, III (jv) (Entered: 07/12/2021)
2021-07-12	3	Summons Issued as to Christopher Anderson, Andrew Fiddes, U.S. Dept. of Commerce.(jv)
2021-08-13	4	SUMMONS & Affidavit of Service Returned Executed on 7/26/2021 as to Christopher Anderson and Andrew R. Fiddes by John Osborne Crandell, III.(jv)
2021-08-17	5	MOTION to Substitute Party by United States. (Attachments: # 1 Text of Proposed Order, # 2 Certification of Scope of Employment)(Frith, Krista)
2021-08-17	6	SUMMONS Returned Executed by John Osborne Crandell, III as to U.S. Dept. of Commerce. (Attachments: # 1 Envelope)(jv)
2021-08-17	7	PRO SE MOTION for leave to file electronically by John Osborne Crandell, III. (Attachments: # 1 Envelope)(jv)
2021-08-23	8	RESPONSE in Opposition re 5 MOTION to Substitute Party filed by John Osborne Crandell, III. (Attachments: # 1 Envelope)(kld)
2021-09-27	9	Letter regarding Service of Process by United States (jv)
2021-10-14	10	Summons Issued as to U.S. Attorney (jv)
2021-10-21	11	PRO SE SECOND MOTION for leave to file electronically by John Osborne Crandell, III. (Attachments: # 1 Text of Proposed Order, # 2 Envelope)(jv)
2021-10-21	12	PRO SE MOTION for extension of time to Correct Deficiency in Service of Process by John Osborne Crandell, III. (Attachments: # 1 Text of Proposed Order, # 2 Envelope)(jv)
2021-10-21	13	CERTIFICATE OF SERVICE by John Osborne Crandell, III (Attachments: # 1 Envelope)(jv)
2021-10-29	14	SUMMONS Returned Executed by John Osborne Crandell, III. (jv) (Entered: 11/01/2021)
2021-12-10	15	MOTION for Extension of Time to File Answer re 1 Complaint, and Leave to File Out of Time by Christopher Anderson, Andrew R. Fiddes, U.S. Dept. of Commerce, United States. (Attachments: # 1 Text of Proposed Order)(Frith, Krista)
2021-12-13	16	Magistrate Consent Notice to Parties. Click here to access the Consent Form (Notice mailed to Pro Se Party via US Mail)(jv)
2021-12-20	17	PRO SE RESPONSE in Opposition re 15 MOTION for Extension of Time to File Answer re 1 Complaint, and Leave to File Out of Time . filed by John Osborne Crandell, III. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 certificate of service, # 5 Envelope)(kld)
2021-12-27	18	MEMORANDUM IN SUPPORT of 20 by Christopher Anderson, Andrew R. Fiddes, U.S. Dept. of Commerce. (Frith, Krista) Modified on 12/27/2021 Docket text was modified to reflect the correct docket entry (jv). Modified on 12/27/2021 to add link to motion (jv).
2021-12-27	19	Brief / Memorandum in Support re 20 MOTION to Dismiss for Lack of Jurisdiction , or in the Alternative, Motion for Summary Judgment . filed by Christopher Anderson, Andrew R. Fiddes, U.S. Dept. of Commerce. (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)(Frith, Krista) Modified on 12/27/2021 to add correct link to motion (jv).
2021-12-27	20	MOTION to Dismiss for Lack of Jurisdiction , or in the Alternative, Motion for Summary Judgment by Christopher Anderson, Andrew R. Fiddes, U.S. Dept. of Commerce. (Frith, Krista).
2021-12-27	21	Roseboro Notice re 20 MOTION to Dismiss for Lack of Jurisdiction , or in the Alternative, Motion for Summary Judgment as to John Osborne Crandell, III. Deadline set for 1/20/2022. (Notice mailed to Pro Se Party via US Mail)(jv)
2022-01-20	22	PRO SE RESPONSE to Motion re 20 MOTION to Dismiss for Lack of Jurisdiction , or in the Alternative, Motion for Summary Judgment MOTION for Summary Judgment filed by John Osborne Crandell, III. (Attachments: # 1 Certificate of Service, # 2 Exhibit Endnotes & exhibits, # 3 Envelope)(jv)
2022-01-21	23	CORRECTED CERTIFICATE OF SERVICE by John Osborne Crandell, III re 22 Response to Motion. (Attachments: # 1 Envelope)(jv)
2022-01-27	24	Reply re 20 MOTION to Dismiss for Lack of Jurisdiction , or in the Alternative, Motion for Summary Judgment MOTION for Summary Judgment . filed by Christopher Anderson, Andrew R. Fiddes, U.S. Dept. of Commerce. (Frith, Krista)
2022-01-31	25	PRO SE MOTION for Partial Summary Judgment(s) on the Matters of Appearance and Recognition of Claims by John Osborne Crandell, III. (Attachments: # 1 Text of Proposed Order)(jv)
2022-01-31	26	PRO SE THIRD MOTION for leave to file electronically by John Osborne Crandell, III. (Attachments: # 1 Text of Proposed Order)(jv)
2022-02-08	27	RESPONSE in Opposition re 25 MOTION for Partial Summary Judgment . filed by Christopher Anderson, Andrew R. Fiddes, U.S. Dept. of Commerce. (Frith, Krista)
2022-02-16	28	PRO SE REPLY to Response to Motion re 25 MOTION for Partial Summary Judgment filed by John Osborne Crandell, III. (Attachments: # 1 Envelope)(jv) (Entered: 02/17/2022)
2022-03-18	29	ORDER denying 7 Motion for leave to file electronically ; denying 11 Motion for leave to file electronically ; denying 26 Motion for leave to file electronically. Signed by Judge Elizabeth K. Dillon on 3/18/2022. (Order mailed to Pro Se Party via US Mail)(jv)
2022-03-18	30	ORDER granting 5 MOTION to Substitute Party. Signed by Judge Elizabeth K. Dillon on 3/18/2022. (Order mailed to Pro Se Party via US Mail)(jv)
2022-09-29	31	MEMORANDUM OPINION. Signed by Judge Elizabeth K. Dillon on 9/29/22. (Memorandum Opinion mailed to Pro Se Party via US Mail)(kld)
2022-09-29	32	ORDER denying as moot 12 Motion for extension of time to Correct Deficiency in Service of Process; denying as moot 15 Motion for Extension of Time to Answer re 12 MOTION for extension of time to Correct Deficiency in Service of Process, 15 MOTION for Extension of Time to File Answer re 1 Complaint, and Leave to File Out of Time , 20 MOTION to Dismiss for Lack of Jurisdiction , or in the Alternative, Motion for Summary Judgment MOTION for Summary Judgment, 25 MOTION for Partial Summary Judgment ; granting 20 Motion to Dismiss for Lack of Jurisdiction; granting 20 Motion for Summary Judgment; denying 25 Motion for Partial Summary Judgment Signed by Judge Elizabeth K. Dillon on 9/29/22. (Order mailed to Pro Se Party via US Mail)(kld)
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