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Case TitleHairston v. Social Security Administration et al
DistrictDistrict of Maryland
CityBaltimore
Case Number1:2023cv03455
Date Filed2023-12-20
Date ClosedOpen
JudgeJudge Stephanie A. Gallagher
PlaintiffArthur Hairston
Case DescriptionArthur Hairston submitted a FOIA request to the Social Security Administration for records concerning a complaint he filed with the agency. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Hairston filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantSocial Security Administration
DefendantMs. Martin
DefendantMelissa Feldhan
DefendantAndrew Saul Secretary SSA
AppealFourth Circuit 24-1808
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [29]
FOIA Project Annotation: A federal court in Maryland has ruled that the Social Security Administration properly responded to Arthur Hairston's FOIA request for records concerning his original 1991 Benefits Planning Query and award letter. In April 2020 Hairston received a letter from Nelnet Total and Permanent Disability Services stating the U.S. Department of Education had denied his request seeking discharge of his student loans because of his total and permanent disability. The cited reason was that Hairston had failed to provide a copy of his SSA notice of award for Social Security Disability Insurance or Supplemental Security Income. SSA sent Hairston a letter confirming that he had been receiving disability since 1991. Hairston sent a letter to the SSA Office in Baltimore requesting his original BPQY and award letter from 1991. SSA eventually told Hairston that his 1991 letter had been destroyed as part of a records retention schedule in 2021. Hairston sued. Judge Stephanie Gallagher dismissed his claims against three SSA employees as inappropriate under the Privacy Act which required suit against an agency. She also dismissed his claim against the SSA itself as moot. She indicated that "the uncontroverted evidence, however, shows that SSA did not fail to comply with Plaintiff's request to access those records. Instead, it has conducted a comprehensive search for any paper and electronic files pertaining to Plaintiff and has determined that those requested 1991 documents no longer exist." She pointed out that "plaintiff essentially received all of the relief he could obtain when SSA conducted its search for records. Given the fact that the requested documents have been destroyed and no longer exist in the SSA's files, there is nothing this Court could order to provide the access Plaintiff seeks. In such circumstances, a request for access to records is moot."
Issues: Litigation - Jurisdiction - Moot
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-201COMPLAINT against Melissa Feldhan, Martin, Andrew Saul, Social Security Administration, filed by Arthur Hairston. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 USPS tracking information, # 4 Envelope)(dass, Deputy Clerk) (c/nef staff attys) (Entered: 12/21/2023)
2023-12-202MOTION for Leave to Proceed in forma pauperis by Arthur Hairston. (Attachments: # 1 Envelope)(dass, Deputy Clerk) (Entered: 12/21/2023)
2023-12-213New Case Notification Letter sent to Arthur Hairston. (dass, Deputy Clerk) (c/m 12/21/23) (Entered: 12/21/2023)
2024-01-024ORDER granting 2 Motion for Leave to Proceed in forma pauperis; granting Plaintiff time to complete and return U.S. Marshal forms and Summons forms; directing clerk to issue upon receipt and forward to U.S. Marshal to effectuate service as directed. Signed by Judge Stephanie A. Gallagher on 1/2/2024. (dass, Deputy Clerk) (c/m w/forms as directed 1/2/24) (Entered: 01/02/2024)
2024-01-085MOTION to Submit Documents for the Courts Review by Arthur Hairston. (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 labeled as a second Exhibit 9, # 11 Envelope)(dass, Deputy Clerk) (Entered: 01/08/2024)
2024-01-176Summons Issued 60 days as to Melissa Feldhan, Martin, Andrew Saul, Social Security Administration, U.S. Attorney and U.S. Attorney General (Attachments: # 1 USMS 285 forms, # 2 Cover Letter, # 3 Envelope)(dass, Deputy Clerk) (c/em usms 1/17/24) (Entered: 01/17/2024)
2024-01-317SUMMONS Returned Executed by Arthur Hairston. (U.S.Attorney Served 1/22/24, answer due 3/22/2024) Melissa Feldhan served on 1/23/24, answer due 3/22/2024; Martin served on 1/23/24, answer due 3/22/2024; Andrew Saul served on 1/23/2024, answer due 3/22/2024; Social Security Administration served on 1/22/2024, answer due 3/22/2024. (dass, Deputy Clerk) (Entered: 01/31/2024)
2024-02-058AFFIDAVIT of Service for Complaint served on U.S. Attorney General on 1/25/24, filed by Arthur Hairston. (dass, Deputy Clerk) (Entered: 02/05/2024)
2024-02-219MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim or, in the Alternative, for Summary Judgment by Melissa Feldhan, Martin, Andrew Saul, Social Security Administration (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Text of Proposed Order, # 8 Envelope to Plaintiff)(Micco, Megan) (Entered: 02/21/2024)
2024-02-2210Rule 12/56 notice mailed to Arthur Hairston. (dass, Deputy Clerk) (c/m 2/22/23) (Entered: 02/22/2024)
2024-02-2211MOTION for Summary Judgment and Statement of Material Facts by Arthur Hairston. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Envelope)(dass, Deputy Clerk) (Entered: 02/23/2024)
2024-03-0712RESPONSE in Opposition re 11 MOTION for Summary Judgment filed by Melissa Feldhan, Martin, Andrew Saul, Social Security Administration. (Attachments: # 1 Text of Proposed Order)(Micco, Megan) (Entered: 03/07/2024)
2024-03-1313RESPONSE to Defendants' 9 Motion to Dismiss or in the Alternative MOTION for Summary Judgment and Statement of Material Facts by Arthur Hairston. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Copy of Notice, # 13 Certified Mail Receipt, # 14 Envelope)(dass, Deputy Clerk) (nef regenerated to Plaintiff per his 3/15/24 ECF no. 15 Request) Modified on 3/18/2024 (dass, Deputy Clerk). (Entered: 03/13/2024)
2024-03-1514Consent to receive notice and service electronically by Arthur Hairston. The Court recommends that all documents received electronically be printed or saved for future reference. (Attachments: # 1 Envelope)(dass, Deputy Clerk) (c/nef) (Entered: 03/18/2024)
2024-03-1515Correspondence (filed as Motion) by Arthur Hairston re: Request for Clerk to email a Notice of Filing of Plaintiff's Response to the Defendant's Motion to Dismiss or in the Alternative for Summary Judgment. (Attachments: # 1 Mail Tracking Information, # 2 Envelope)(dass, Deputy Clerk) (nef of ECF no. 13 Response regenerated to Plaintiff 3/18/24) (Entered: 03/18/2024)
2024-03-1516CERTIFIED MAIL ENVELOPE containing DUPLICATE of ECF no. 13 Response filed by Plaintiff. (Attachments: # 1 First Page of Duplicate Filing previously filed at ECF no. 13 via "regular" mail) (dass, Deputy Clerk) (c/nef) (Entered: 03/18/2024)
2024-03-2017REPLY to Response to Motion re 11 MOTION for Summary Judgment filed by Arthur Hairston. (Attachments: # 1 Envelope)(dass, Deputy Clerk) (Entered: 03/21/2024)
2024-03-2718REPLY to Response to Motion re 9 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim or, in the Alternative, for Summary Judgment filed by Melissa Feldhan, Martin, Andrew Saul, Social Security Administration.(Micco, Megan) (Entered: 03/27/2024)
2024-04-1519(Second) Consent to receive notice and service electronically by Arthur Hairston. The Court recommends that all documents received electronically be printed or saved for future reference.(dass, Deputy Clerk) (c/nef) (Entered: 04/15/2024)
2024-05-2020ORDER granting Plaintiff's 5 Motion to Submit Documents for the Courts Review. Signed by Judge Stephanie A. Gallagher on 5/20/2024. (dass, Deputy Clerk) (c/nef to plaintiff) (Entered: 05/20/2024)
2024-05-2121ORDER for mediation by referring case to a Magistrate Judge to conduct settlement conference; directing pro bono counsel will be appointed for the limited purpose of representation at settlement conference. Signed by Judge Stephanie A. Gallagher on 5/21/2024. (dass, Deputy Clerk) (c/nef to Plaintiff) (Entered: 05/21/2024)
2024-05-2122ORDER APPOINTING PRO BONO COUNSEL Kirstin Maguire Hopkins for Arthur Hairston as set forth. Signed by Judge Stephanie A. Gallagher on 5/21/2024. (dass, Deputy Clerk) (c/nef to Plaintiff) (Entered: 05/21/2024)
2024-05-2123ORDER REFERRING CASE to Magistrate Judge Charles D. Austin for Settlement Conference. Signed by Judge Stephanie A. Gallagher on 5/21/2024. (mg3s, Deputy Clerk) (Entered: 05/21/2024)
2024-06-06Telephone Conference re: status held on 6/6/2024 before Magistrate Judge Charles D. Austin. (rc2s, Deputy Clerk) (Entered: 06/06/2024)
2024-06-0624ORDER Scheduling Settlement Conference. Signed by Magistrate Judge Charles D. Austin on 6/6/2024. (dass, Deputy Clerk) (c/nef to plaintiff) (Entered: 06/07/2024)
2024-07-09Telephone Conference held on 7/9/2024 before Magistrate Judge Charles D. Austin. (rc2s, Deputy Clerk) (Entered: 07/16/2024)
2024-07-15Settlement Conference held on 7/15/2024 before Magistrate Judge Charles D. Austin. (rc2s, Deputy Clerk) (Entered: 07/16/2024)
2024-07-1626NOTICE by Arthur Hairston Notice of Withdrawal of Appearance (Hopkins, Kirstin) (Entered: 07/16/2024)
2024-07-1727PAPERLESS ORDER approving 26 Notice of Withdrawal of Appearance of Kirstin Maguire Hopkins who was appointed as counsel for Plaintiff Arthur Hairston for the limited purpose of representation through the conclusion of the settlement proceedings. Signed by Judge Stephanie A. Gallagher on 7/17/2024. (dass, Deputy Clerk) (c/nef to Plaintiff 7/17/24) (Entered: 07/17/2024)
2024-07-1828MOTION for Discovery by Arthur Hairston. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Envelope)(dass, Deputy Clerk) (Entered: 07/19/2024)
2024-07-2329MEMORANDUM OPINION. Signed by Judge Stephanie A. Gallagher on 7/23/2024. (dass, Deputy Clerk) (Entered: 07/23/2024)
2024-07-2330ORDER granting 9 Motion to Dismiss for Lack of Jurisdiction; denying 11 Motion for Summary Judgment. Signed by Judge Stephanie A. Gallagher on 7/23/2024. (dass, Deputy Clerk) (Entered: 07/23/2024)
2024-07-2631MOTION for Reconsideration re 30 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Summary Judgment by Arthur Hairston. (Attachments: # 1 Envelope)(kns, Deputy Clerk) Modified on 7/29/2024 (kns, Deputy Clerk). (Entered: 07/29/2024)
2024-07-2632NOTICE OF APPEAL as to 30 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Summary Judgment by Arthur Hairston. (Fee Status: IFP) (Attachments: # 1 Envelope)(kns, Deputy Clerk) Modified on 8/30/2024 (slss, Deputy Clerk). (Entered: 07/29/2024)
2024-07-2933Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 32 Notice of Appeal. IMPORTANT NOTICE: To access forms which you are required to file with the United States Court of Appeals for the Fourth Circuit please go to http://www.ca4.uscourts.gov and click on Forms & Notices.(kns, Deputy Clerk) (Entered: 07/29/2024)
2024-07-2934Fourth Circuit Court of Appeals correspondence regarding Pending Motion in Distict Court re 32 Notice of Appeal. (slss, Deputy Clerk) (Entered: 07/30/2024)
2024-08-0935RESPONSE in Opposition re 31 Case Reopened. MOTION for Reconsideration re 30 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Summary Judgment filed by Melissa Feldhan, Martin, Andrew Saul, Social Security Administration. (Attachments: # 1 Text of Proposed Order)(Micco, Megan) (Entered: 08/09/2024)
2024-08-1436REPLY to Response to Motion re 31 MOTION for Reconsideration filed by Arthur Hairston. (Attachments: # 1 Envelope)(dass, Deputy Clerk) (Entered: 08/15/2024)
2024-08-2237ORDER denying 31 Motion for Reconsideration filed by Arthur Hairston; directing the case can proceed to the appeal. Signed by Judge Stephanie A. Gallagher on 8/22/2024. (dass, Deputy Clerk) (c/nef to USCA) (Entered: 08/22/2024)
2024-08-2638USCA Case Number 24-1808 for 32 Notice of Appeal filed by Arthur Hairston - Case Manager - Jeffrey Neal. (slss, Deputy Clerk) (Entered: 08/26/2024)
2024-08-26Assembled Electronic Record Transmitted to Fourth Circuit -- Initial.(slss, Deputy Clerk) (Entered: 08/26/2024)
2024-08-2639NOTICE OF APPEAL by Arthur Hairston.(Fee Status: Filing Fee Not Paid) (Attachments: # 1 Attachment to NOA)(slss, Deputy Clerk) (Entered: 08/30/2024)
2024-08-3040Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 39 Notice of Appeal. IMPORTANT NOTICE: To access forms which you are required to file with the United States Court of Appeals for the Fourth Circuit please go to http://www.ca4.uscourts.gov and click on Forms & Notices.(slss, Deputy Clerk) (Entered: 08/30/2024)
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by FOIA Project Staff
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