Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Marino v. Drug Enforcement Administration

August 5, 2010

CARLOS MARINO, PLAINTIFF,
v.
DRUG ENFORCEMENT ADMINISTRATION, DEFENDANT.



The opinion of the court was delivered by: Ricardo M. Urbina United States District Judge

Re Document Nos.: 12, 16

MEMORANDUM OPINION

DENYING THE PLAINTIFF'S FIRST AND SECOND MOTIONS FOR RELIEF UPON RECONSIDERATION

I. INTRODUCTION

This matter is before the court on the plaintiff's two motions for relief upon reconsideration of the court's prior order granting the defendant's motion for summary judgment as conceded based on the plaintiff's failure to file an opposition. The plaintiff asserts that the court erred in granting the motion as conceded, asserting that even though he did not file an opposition, his complaint and the attachments thereto raised genuine issues of material fact rendering the entry of summary judgment inappropriate. The plaintiff also contends that he should be granted relief from the court's ruling because his failure to oppose the motion was the result of the gross negligence of his counsel for which he does not share culpability. For the reasons discussed below, the court denies the plaintiff's motions.

II. FACTUAL & PROCEDURAL BACKGROUND

On May 4, 2004, the plaintiff wrote to the Drug Enforcement Agency ("DEA") to request a copy of all investigative documents related to an individual who provided testimonial evidence against the plaintiff at his earlier criminal trial. Compl. ¶ 11. The plaintiff's request was denied pursuant to Exemption 7(C) of the Freedom of Information Act ("FOIA"), which exempts from disclosure law enforcement records whose disclosure could invade third-party privacy interests. Def.'s Statement of Facts ¶ 3. After exhausting all available administrative remedies, the plaintiff sought judicial review of the DEA's response by commencing this action seeking the disclosure of the requested information. Compl. ¶¶ 13-14. The DEA filed a motion for summary judgment on October 5, 2006. See generally Def.'s Mot. for Summ. J. The motion was supported by exhibits and an affidavit from the Chief of the DEA's Records Management Section, Operations Unit that detailed the DEA's justification for non-disclosure. See Def.'s Mot. for Summ. J., Decl. of Katherine L. Myrick ("Myrick Decl."), Exs. A-G. Despite obtaining several extensions of time to oppose the defendant's motion, the plaintiff failed to file an opposition. The court granted the DEA's motion for summary judgment as conceded on March 16, 2007. See Minute Order (Mar. 16, 2007).

Thereafter, the plaintiff filed multiple motions for relief upon reconsideration and a motion for leave to file out of time, each of which was stricken based on procedural defects. See Pl.'s Mot. (Mar. 28, 2007); Pl.'s Mot. (Mar. 29, 2007); Pl.'s Mot. (Apr. 2, 2007). On April 5, 2007, and November 30, 2009, the plaintiff again filed motions for relief upon reconsideration of the order granting summary judgment to the defendant and seeking leave to file an opposition to the defendant's motion. See generally Pl.'s Mot. for Recons. (Apr. 5, 2007) ("Pl.'s 1st Mot.");*fn1 Pl.'s Mot. for Recons. (Nov. 30, 2009) ("Pl.'s 2d Mot."). With these motions now ripe for adjudication, the court turns to the applicable legal standards and the parties' arguments.

III. ANALYSIS

A. The Court Denies the Plaintiff's First Motion for Relief Upon Reconsideration

The plaintiff's first motion for relief upon reconsideration requires little discussion, as it plainly fails to comply with the most elementary filing requirements set forth in the court's local civil rules. Local Civil Rule 7(a) provides that "[e]ach motion shall include or be accompanied by a statement of the specific points of law or authority that support the motion." LCvR 7(a). Failure to comply with the Local Civil Rule 7(a) warrants denial of the motion. See, e.g., Steinbuch v. Cutler, 463 F. Supp. 2d 4, 8-9 (D.D.C. 2006) (denying the plaintiff's motion to compel discovery for failure to comply with Local Civil Rule 7(a) because the plaintiff failed to provide any memorandum of law or legal authority to support his motion); Red Lake Band of Chippewa Indians v. U.S. Dep't of Interior, 624 F. Supp. 2d 1, 26 (D.D.C. 2009) (denying the defendant's motion for summary judgment because the motion did not comply with Local Civil Rule 7(a)). The eight sentences comprising the plaintiff's first motion for relief upon reconsideration are devoid of any citation, reference or allusion to any legal authority supporting his request for relief. See generally Pl.'s 1st Mot. Accordingly, the court denies the plaintiff's first motion for relief upon reconsideration.

B. The Court Denies the Plaintiff's Second Motion for Relief Upon Consideration

1. Legal Standard for Relief Under Federal Rule of Civil Procedure 60(b)

In its discretion, the court may relieve a party from an otherwise final judgment pursuant to any one of six reasons set forth in Rule 60(b). FED. R. CIV. P. 60(b); Lepkowski v. Dep't of Treasury, 804 F.2d 1310, 1311-12 (D.C. Cir. 1986). As relevant here, the court may grant relief in cases in which the judgment is "void." FED. R. CIV. P. 60(b)(4). A judgment may be void if the court lacked personal or subject matter jurisdiction in the case, acted in a manner inconsistent with due process or proceeded beyond the powers granted to it by law. Eberhardt v. Integrated Design & Constr., Inc., 167 F.3d 861, 871 (4th Cir. 1999). The court may also grant relief from a judgment for "any . . . reason that justifies [such] relief." FED. R. CIV. P. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.