Thursday, February 20, 2014
Re: Request for records of statements made by five individuals concerning plaintiff in his criminal case Disposition: Dismissing without prejudice defendant's motion to stay; denying plaintiff's motion to strike; dismissing without prejudice plaintiffs renewed motion for Vaughn Index
- Litigation Considerations, "Open America" Stays of Proceedings: The court "dismisses without prejudice the motion for stay" "[b]ecause until now the Court has been unable to address this motion due to the press of other matters, [and therefore] ATF and EOUSA have essentially received a two month stay." ATF and EOUSA "moved to stay this case . . . to allow them time to produce the records they now acknowledge [plaintiff] is entitled to receive and to allow them time to file a 'forthcoming motion' for judgment on the pleadings or for summary judgment."
- Litigation Considerations, Pleadings: The court finds that "[plaintiff] is incorrect that ATF and EOUSA have violated 5 U.S.C. § 552(a)(4)(C)," which "requires a governmental entity to 'serve an answer or otherwise plead to any complaint made under this subsection within thirty days after service upon the defendant of the pleading in which such complaint is made.'" The court explains that "[w]ith one exception, each extension has been expressly authorized by the Rules or expressly ordered by the Court for good cause." "The sole exception is the failure of ATF and EOUSA to file their Answer by December 1, 2013, instead filing on December 2, 2013." The court "views that one day lapse as de minimis and will not strike the Answer for that one-day lapse."
- Litigation Considerations, Vaughn Index / Declaration: The court finds that "to order a Vaughan [sic] index right now would be premature." The court explains that "[t]he ATF and EOUSA are still in the process of providing records responsive to [plaintiff's] FOIA and Privacy Act requests."
Updated August 6, 2014