Case Detail

FOIA Project Annotation: Judge Beryl Howell has ruled that the Executive Office of U.S. Attorneys properly responded to a FOIA request submitted by prisoner David Wattleton for electronic records by attorneys in the Northern District of Georgia between May 27, 1999, through November 10, 2020, pertaining to him. Wattleton specifically asked for a search of the U.S. Courts' PACER system as well as EOUSA's LIONS system. Howell explained that the PACER system was maintained and run by the Administrative Office of the United States Courts. LIONS has since been supplanted by the CaseView filing system. Individual U.S. Attorney's Offices are tasked with maintaining records from the CaseView system as needed. As a result, Wattleton's search request was sent to the Northern District of Georgia as the only U.S. Attorney's Office that would have had records on Wattleton because the relevant case went through that district. Diane Todd, the FOIA contact in the USAO-NDGA office, was told that the records requested by Wattleton were not maintained by USAO but could have been generated by PACER requests, which is not subject to FOIA. Howell found that EOUSA had conducted an adequate search and found that it had no records. Wattleton claimed that the agency was obligated to use a software fix to search for the records. However, Howell noted that "EOUSA is simply not required to create the records or adopt a technology requested by plaintiff and the plaintiff's that an agency staffer lacked the qualifications or abilities to do computer programming are immaterial." She added that "even if the records sought by plaintiff exist within PACER and, further, the EOUSA has a right to obtain the requested records within PACER, EOUSA would still not be obliged under the FOIA to obtain such information outside its possession and control."
Issues: Agency Record

Date Filed	Doc #	Docket Text
2022-01-20		Initiating Pleading & IFP Application Received on 1/20/2022. A copy of the docket sheet has been mailed to the address of record for the pro se party. (adh, ) (Entered: 01/28/2022)
2022-01-20	1	COMPLAINT against U.S DEPARTMENT OF JUSTICE filed by DAVID EARL WATTLETON. (Attachments: # 1 Civil Cover Sheet)(adh, ) (Entered: 01/28/2022)
2022-01-20	2	MOTION for Leave to Proceed in forma pauperis by DAVID EARL WATTLETON. (adh, ) (Entered: 01/28/2022)
2022-01-20	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by DAVID EARL WATTLETON (adh, ) (Entered: 01/28/2022)
2022-02-22		MINUTE ORDER. Plaintiff's motion 2 to proceed in forma pauperis is GRANTED. Pursuant to Local Civil Rule 40.5(a)(4), the Clerk shall assign this case to Chief Judge Beryl A. Howell as related to Wattleton v. U.S. Dep't of Justice , No. 19-cv-1402 (BAH). SO ORDERED. Signed by Judge Randolph D. Moss on 2/22/2022.(psu1) (Entered: 02/22/2022)
2022-02-22		Case Assigned to Chief Judge Beryl A. Howell. Unassigned is no longer assigned to the case. (znmg) (Entered: 02/24/2022)
2022-02-24	4	SUMMONS (3) Issued as to U.S DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General sent to the U.S. Marshals Service. (znmg) (Entered: 02/24/2022)
2022-03-24	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S DEPARTMENT OF JUSTICE served on 3/18/2022, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/18/2022., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/18/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 4/17/2022.) (zeg) (Entered: 03/25/2022)
2022-04-18	6	NOTICE of Appearance by Stephen DeGenaro on behalf of U.S DEPARTMENT OF JUSTICE (Attachments: # 1 Certificate of Service)(DeGenaro, Stephen) (Entered: 04/18/2022)
2022-04-18	7	ANSWER to 1 Complaint by U.S DEPARTMENT OF JUSTICE. (Attachments: # 1 Certificate of Service)(DeGenaro, Stephen) (Entered: 04/18/2022)
2022-05-03	8	RESPONSE re 7 Answer to Complaint filed by DAVID EARL WATTLETON. (zeg) (Entered: 05/06/2022)
2022-05-04		MINUTE ORDER: It is hereby ORDERED that defendant shall prepare and submit a report to the Court by June 1, 2022, indicating whether the agency has made a final determination "whether to comply" with the Freedom of Information Act request(s) at issue. 5 U.S.C. § 552(a)(6)(A)(i). If such a final determination has been made, defendant shall propose a schedule for the filing of dispositive motions. If no such final determination has been made, the report shall contain (1) defendant's estimate of when the agency expects a final determination to be made; and (2) a proposed schedule for the filing of dispositive motions. Signed by Chief Judge Beryl A. Howell on 5/4/2022. (psu3) (Entered: 05/04/2022)
2022-05-04		Set/Reset Deadlines: Defendant's response to Order of the Court due by 6/1/2022. (ztg) (Entered: 05/04/2022)
2022-05-17	9	STATUS REPORT and Proposed Schedule by U.S DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(DeGenaro, Stephen) (Entered: 05/17/2022)
2022-05-25		MINUTE ORDER SETTING BRIEFING SCHEDULE: Based upon defendant's 9 status report and proposed schedule, the parties shall adhere to the following deadlines. Defendant's motion for summary judgment is due on or before June 13, 2022; plaintiff's combined opposition and any cross-motion for summary judgment is due on or before July 28, 2022; defendant's combined opposition and any reply, is due on or before August 25, 2022; and plaintiff's reply, if needed, is due on or before October 10, 2022. SO ORDERED. Signed by Chief Judge Beryl A. Howell on 5/25/2022. (psu3) (Entered: 05/25/2022)
2022-05-25		Set/Reset Deadlines: Summary judgment motion due by 6/13/2022; cross-motion and opposition to summary judgment motion due by 7/28/2022; opposition to cross-motion and reply to summary judgment motion due by 8/25/2022; reply to opposition to cross-motion due by 10/10/2022. (ztg) (Entered: 05/25/2022)
2022-06-06	10	MOTION to Appoint Counsel by DAVID EARL WATTLETON. (Attachment: # 1 Exhibit)(zeg) (Entered: 06/09/2022)
2022-06-13	11	MOTION for Summary Judgment by U.S DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Auborn Finney, # 4 Text of Proposed Order, # 5 Certificate of Service)(DeGenaro, Stephen) (Entered: 06/13/2022)
2022-06-15	12	ORDER advising the Plaintiff to respond to the Defendant's 11 Motion for Summary Judgment by July 28, 2022, or the Court may rule on the Motion, or enter judgment on behalf of the Defendant, without the benefit of the Plaintiff's position. Signed by Chief Judge Beryl A. Howell on 6/15/2022. (psu3) (Entered: 06/15/2022)
2022-06-15	13	ORDER denying the Plaintiff's 10 Motion to Appoint Counsel without prejudice. See Order for details. Signed by Chief Judge Beryl A. Howell on 6/15/2022. (psu3) (Entered: 06/15/2022)
2022-06-15		Set/Reset Deadlines: Plaintiff's response to Defendant's 11 Motion for Summary Judgment due by 7/28/2022. (ztg) (Entered: 06/15/2022)
2022-08-02	14	Memorandum in opposition to re 11 Motion for Summary Judgment, filed by DAVID EARL WATTLETON. (zed) (Entered: 08/03/2022)
2022-08-25	15	REPLY to opposition to motion re 11 MOTION for Summary Judgment filed by U.S DEPARTMENT OF JUSTICE. (Attachments: # 1 Certificate of Service)(DeGenaro, Stephen) (Entered: 08/25/2022)
2022-11-22	16	MEMORANDUM OPINION GRANTING the United States Department of Justice's 11 motion for summary judgment and closing the case. An 17 order consistent with this memorandum opinion is issued contemporaneously. Signed by Chief Judge Beryl A. Howell on 11/22/2022. (psu3) (Entered: 11/22/2022)
2022-11-22	17	ORDER GRANTING the United States Department of Justice's 11 motion for summary judgment and closing the case. Signed by Chief Judge Beryl A. Howell on 11/22/2022. (psu3) (Entered: 11/22/2022)
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