Case Detail

FOIA Project Annotation: A federal court in Maryland has ruled that Rita Rene Franklin, a former employee at the Army's Fort Belvoir installation, failed to show the Army violated the Privacy Act in its response to Franklin's request for records regarding her 2014 EEO complaint alleging she was kicked by a fellow employee. In June 2016, the Army provided Franklin with a Record of Inquiry report and ultimately dismissed the claims as unfounded. On August 25, 2020, Franklin submitted a FOIA request to the Army for four categories of records related to the ROI. The request was referred to Fort Belvoir. The FOIA Office there located an 18-page police report prepared by the military police. The FOIA office disclosed the report with redaction of the names. The Army also searched for other potentially responsive records but found none. Franklin filed suit. Judge Paula Xinis primarily ruled in favor of the Army, noting that the agency had conducted an adequate search. However, as to one request, she indicated that "the records as to the search process is remarkably thin. Patterson, as the singular affiant on this request, does not specify who conducted the search or what parameters were used. Nor does Patterson state whether searches included paper files or electronic records, or what search terms were employed. And no other affidavits fill in the factual gaps so the court cannot evaluate the adequacy of the Army's search." Turning to the redactions in the police report, Xinis noted that "here, the Army has demonstrated that its redactions had been narrowly circumscribed to include solely names and personal identifiers of civilians and law enforcement officers."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2023-08-07	1	COMPLAINT against Christine Wormuth ( Filing fee $ 402 receipt number 1270.), filed by Rita Rene Franklin. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(ybs, Deputy Clerk) (Entered: 08/07/2023)
2023-08-07	2	Consent to receive notice and service electronically by Rita Rene Franklin. The Court recommends that all documents received electronically be printed or saved for future reference.(ybs, Deputy Clerk) (Entered: 08/07/2023)
2023-08-07	3	New Case Notification Letter sent to Rita Rene Franklin. (ybs, Deputy Clerk) (Entered: 08/07/2023)
2023-08-25	4	ORDER directing Plaintiff to submit completed summons within 21 days. Signed by Judge Paula Xinis on 8/25/2023. (c/mw forms 8/25/2023 ybs, Deputy Clerk) (Entered: 08/25/2023)
2023-08-30	5	Summons Issued 60 days as to Christine Wormuth, U.S. Attorney and U.S. Attorney General(ybs, Deputy Clerk) (Entered: 08/30/2023)
2023-09-14	6	SUMMONS Returned Executed by Rita Rene Franklin. (Attachments: # 1 Exhibit 1)(ybs, Deputy Clerk) (Entered: 09/14/2023)
2023-10-06	7	MOTION for Extension of Time to File Response/Reply as to 1 Complaint by Christine Wormuth. (Attachments: # 1 Text of Proposed Order)(Selwood, Patrick) (Entered: 10/06/2023)
2023-10-10	8	ORDER granting 7 MOTION for Extension of Time to File Response/Reply as to 1 Complaint. Signed by Judge Paula Xinis on 10/10/2023. (c/m 10/10/2023 ybs, Deputy Clerk) (Entered: 10/10/2023)
2023-10-10	9	RESPONSE to Motion re 7 MOTION for Extension of Time to File Response/Reply as to 1 Complaint filed by Rita Rene Franklin.(ybs, Deputy Clerk) (Entered: 10/10/2023)
2023-11-09	10	MOTION for Summary Judgment by Rita Rene Franklin(ybs, Deputy Clerk) (Entered: 11/09/2023)
2023-11-10	11	MOTION for Extension of Time to File Response/Reply as to 1 Complaint by Christine Wormuth. (Attachments: # 1 Text of Proposed Order)(Selwood, Patrick) (Entered: 11/10/2023)
2023-11-15	12	RESPONSE in Opposition re 11 MOTION for Extension of Time to File Response/Reply as to 1 Complaint filed by Rita Rene Franklin. (Attachments: # 1 Text of Proposed Order)(ybs, Deputy Clerk) (Entered: 11/15/2023)
2023-11-22	13	NOTICE of Appearance by Rebecca Ann Koch on behalf of All Defendants (Koch, Rebecca) (Entered: 11/22/2023)
2023-11-22	14	MOTION to Strike Appearance by Christine Wormuth (Attachments: # 1 Text of Proposed Order)(Koch, Rebecca) (Entered: 11/22/2023)
2023-11-22	15	MOTION for Extension of Time concerning Plaintiff's Motion for Summary Judgment and Defendant's Cross-Motion for Summary Judgment by Christine Wormuth (Attachments: # 1 Text of Proposed Order)(Koch, Rebecca) (Entered: 11/22/2023)
2023-11-27	16	ORDER granting 11 MOTION for Extension of Time to File Response/Reply as to 1 Complaint; deadline is extended to December 5, 2023. Signed by Judge Paula Xinis on 11/27/2023. (c/m 11/27/2023 ybs, Deputy Clerk) (Entered: 11/27/2023)
2023-11-27	17	ORDER granting 15 MOTION for Extension of Time concerning Plaintiff's Motion for Summary Judgment and Defendant's Cross-Motion for Summary Judgment; time is extended until January 5, 2024. Signed by Judge Paula Xinis on 11/27/2023. (ybs, Deputy Clerk) (Entered: 11/27/2023)
2023-11-27	18	PAPERLESS ORDER granting 14 MOTION to Strike Appearance . Signed by Judge Paula Xinis on 11/27/2023. (ybs, Deputy Clerk) (Entered: 11/27/2023)
2023-11-27	19	RESPONSE in Opposition re 15 MOTION for Extension of Time concerning Plaintiff's Motion for Summary Judgment and Defendant's Cross-Motion for Summary Judgment filed by Rita Rene Franklin. (Attachments: # 1 Text of Proposed Order)(ybs, Deputy Clerk) (Entered: 11/27/2023)
2023-11-27	20	MOTION for Default Judgment filed by Rita Franklin (Attachments: # 1 Affidavit)(ybs, Deputy Clerk) (Entered: 11/27/2023)
2023-12-05	21	MOTION for Extension of Time to File Answer re 1 Complaint by Christine Wormuth (Attachments: # 1 Text of Proposed Order)(Koch, Rebecca) (Entered: 12/05/2023)
2023-12-06	22	RESPONSE in Opposition (Objection) to 21 MOTION for Extension of Time to File Answer re 1 Complaint filed by Rita Rene Franklin.(ybs, Deputy Clerk) (Entered: 12/06/2023)
2023-12-13	23	ORDER granting 21 MOTION for Extension of Time to File Answer re 1 Complaint. Signed by Judge Paula Xinis on 12/13/2023. (ybs, Deputy Clerk) (Entered: 12/13/2023)
2024-01-05	24	MOTION for Summary Judgment by Christine Wormuth (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit Index, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10)(Koch, Rebecca) (Entered: 01/05/2024)
2024-01-08	25	Rule 12/56 notice mailed to Rita Rene Franklin (ybs, Deputy Clerk) (Entered: 01/08/2024)
2024-02-02	26	LETTER ORDER denying 20 Motion for Default Judgment; directing the Clerk to mail orders to Plaintiffs last known address. Signed by Judge Paula Xinis on 2/2/2024. (copies mail as directed 2/2/2024 - ybs, Deputy Clerk) (Entered: 02/02/2024)
2024-02-02	27	Opposition to Memorandum of Law in Support of Defendant's Cross-Motion for Summary Judgment and RESPONSE in Opposition re 24 MOTION for Summary Judgment filed by Rita Rene Franklin. (Attachments: # 1 Exhibits)(ybs, Deputy Clerk) (Entered: 02/05/2024)
2024-02-14	28	REPLY to Response to Motion re 24 MOTION for Summary Judgment filed by Christine Wormuth.(Koch, Rebecca) (Entered: 02/14/2024)
2024-02-15	29	SURREPLY to Motion re 24 MOTION for Summary Judgment filed by Rita Rene Franklin. (ols, Deputy Clerk) Modified filed date on 2/16/2024 (ols, Deputy Clerk). Modified on 4/3/2024 (ybs, Deputy Clerk). (Entered: 02/16/2024)
2024-03-05	30	Mail Returned as Undeliverable. Mail sent to Rita Rene Franklin (Attachments: # 1 First Page of Returned Document) (ybs, Deputy Clerk) (Entered: 03/06/2024)
2024-03-06	31	RESPONSE re 30 Mail Returned filed by Rita Rene Franklin. (Attachments: # 1 Exhibit 1)(ybs, Deputy Clerk) (Entered: 03/06/2024)
2024-04-03	32	Correspondence to Parties. Signed by Judge Paula Xinis on 4/3/2024. (c/m & e/m 4/3/2024 ybs, Deputy Clerk) (Entered: 04/03/2024)
2024-04-04	33	2nd Response to Notice of Returned Mail Letter Order filed by Rita Rene Franklin (ybs, Deputy Clerk) (Entered: 04/04/2024)
2024-07-11	34	MEMORANDUM OPINION. Signed by Judge Paula Xinis on 7/11/2024. (ybs, Deputy Clerk) (Entered: 07/11/2024)
2024-07-11	35	ORDER denying 10 Motion for Summary Judgment; granting in part and denying in part 24 Motion for Summary Judgment; directing Defendant to renew and supplement the motion for summary judgment within 21 days. Signed by Judge Paula Xinis on 7/11/2024. (ybs, Deputy Clerk) (Entered: 07/11/2024)
2024-08-01	36	MOTION for Extension of Time to file a Renewed and Supplemental Motion for Summary Judgment by Christine Wormuth (Attachments: # 1 Text of Proposed Order)(Koch, Rebecca) (Entered: 08/01/2024)
2024-08-02	37	ORDER granting 36 MOTION for Extension of Time to file a Renewed and Supplemental Motion for Summary Judgment. Signed by Judge Paula Xinis on 8/2/2024. (ybs, Deputy Clerk) (Entered: 08/02/2024)
2024-08-07	38	Judicial Notice of Pro Se Review and Judicial Notice filed by Rita Franklin (ybs, Deputy Clerk) (Entered: 08/07/2024)
2024-08-08	39	Supplemental MOTION for Summary Judgment concerning Request No. 2 of Plaintiff's FOIA Request by Christine Wormuth (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2)(Koch, Rebecca) (Entered: 08/08/2024)
2024-08-08	40	NOTICE by Christine Wormuth re 39 Supplemental MOTION for Summary Judgment concerning Request No. 2 of Plaintiff's FOIA Request (Koch, Rebecca) (Entered: 08/08/2024)
2024-08-09	41	Rule 12/56 notice sent to Rita Rene Franklin (ybs, Deputy Clerk) (Entered: 08/09/2024)
2024-09-04	42	Objection re 39 Supplemental MOTION for Summary Judgment concerning Request No. 2 of Plaintiff's FOIA Request filed by Rita Rene Franklin. (Attachments: # 1 Exhibit 1)(ybs, Deputy Clerk) (Entered: 09/04/2024)
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