Jordan v. U.S. Dep't of Justice

315 F. Supp. 3d 584
CourtCourt of Appeals for the D.C. Circuit
DecidedJune 8, 2018
DocketCivil Action No.: 17–2702 (RC)
StatusPublished
Cited by13 cases

This text of 315 F. Supp. 3d 584 (Jordan v. U.S. Dep't of Justice) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jordan v. U.S. Dep't of Justice, 315 F. Supp. 3d 584 (D.C. Cir. 2018).

Opinion

RUDOLPH CONTRERAS, United States District Judge

I. INTRODUCTION

Pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, Plaintiff Jack Jordan filed this action seeking records from Defendant U.S. Department of Justice ("DOJ") related to *588Jordan v. U.S. Dep't of Labor , 16-cv-1868 (D.D.C.), an earlier FOIA action filed by Mr. Jordan that was also before this Court. Specifically, Mr. Jordan requests (1) any records describing the DOJ's expenditure of resources in connection with that action and (2) any records pertaining "directly or indirectly" to that action, to Mr. Jordan, or to this judge. Now before the Court are three motions: Mr. Jordan's motion to disqualify this judge, the DOJ's motion for an extension of time to respond to the complaint, and the DOJ's motion for a protective order barring discovery in this case. For the reasons explained below, this Court grants the DOJ's motion for an extension of time, but denies Mr. Jordan's motion to disqualify and the DOJ's motion for a protective order.

II. FACTUAL BACKGROUND

This Court presumes familiarity with its prior Opinions in Mr. Jordan's related litigation in Jordan v. U.S. Dep't of Labor , 16-cv-1868 (D.D.C.) ("2016 Action"), which commenced on September 19, 2016. See generally Jordan v. U.S. Dep't of Labor , No. 16-1868, 308 F.Supp.3d 24, 2018 WL 1567584 (D.D.C. Mar. 30, 2018); Jordan v. U.S. Dep't of Labor , 273 F.Supp.3d 214 (D.D.C. 2017). In that action, Mr. Jordan sought to compel the U.S. Department of Labor to disclose the unredacted versions of two emails that related to a Defense Base Act case involving Mr. Jordan's wife and DynCorp International, Inc. See Jordan , 308 F.Supp.3d at 28-29, 2018 WL 1567584, at *1 ; Jordan , 273 F.Supp.3d at 219-20. In resolving the 2016 Action, this Court requested and received the disputed emails for in camera inspection to determine whether they were protected by any FOIA exemptions. See Jordan , 308 F.Supp.3d at 29-30, 2018 WL 1567584, at *2 ; Jordan , 273 F.Supp.3d at 227. The Court concluded that one of the two emails was protected by a FOIA exemption; however, the Court ordered the Department of Labor to release the other email.1 See Jordan , 308 F.Supp.3d at 29-30, 2018 WL 1567584, at *2 ; Jordan , 273 F.Supp.3d at 232.

While that matter was pending, Mr. Jordan commenced the present action in December 2017. Here, Mr. Jordan seeks records related to the 2016 Action, including any accounting of the time expended by specified attorneys working on that matter and any records pertaining "directly or indirectly" to that matter, to Mr. Jordan, or to this judge. See Compl. ¶¶ 5-9, ECF No. 1. Mr. Jordan believes that such records may uncover "multiple federal crimes." See id. ¶ 1.

The DOJ requested a thirty-day extension of time to file its response to Mr. Jordan's complaint. See Def.'s Mot. for Extension of Time to Answer ("Def.'s Mot. for Extension") at 1, ECF No. 6. This Court did not rule on the motion for an extension, but the DOJ submitted its answer within thirty days after the initial filing deadline. See Def.'s Answer ("Answer") at 1, ECF No. 18.

In that window of time, Mr. Jordan filed a motion to disqualify this judge under the recusal statutes 28 U.S.C. §§ 144 and 455(a) - (b). See generally Pl.'s Mot. to Disqualify ("Mot. to Disqualify"), ECF No. 9. Mr. Jordan argues that this judge should *589be disqualified because of purported bias or prejudice toward Mr. Jordan based on the 2016 Action-alleged preconceptions that would render this judge unable to fairly decide the present action. Id. Mr. Jordan repeats many of the allegations that he lodged in a rejected recusal motion submitted in the prior action. See Jordan , 308 F.Supp.3d at 31-35, 2018 WL 1567584, at *3-6 ; compare Mot. to Disqualify at 1, 14, 20, 22, 28, 30-31, 33-34, 36, 40, and Pl.'s Suppl. to Mot. to Disqualify ("Pl.'s 1st Suppl.") at 1-7, ECF No. 20, and Pl.'s 2d Suppl. to Mot. to Disqualify ("Pl.'s 2d Suppl.") at 3-13, ECF No. 21, with Jordan , 308 F.Supp.3d at 32-33, 2018 WL 1567584, at *4, and Pl.'s Mot. to Disqualify at 1-45, No. 16-cv-1868, ECF No. 55.

Also in that window of time, the DOJ filed a motion for a protective order barring all discovery in this FOIA action. See generally Def.'s Mem. Supp. Mot. for Protective Order ("Def.'s Mem."), ECF No. 14. According to the DOJ, Mr. Jordan "appears to have included Requests for Interrogatories and Document Production" along with the mailing of a copy of his Motion to Disqualify Judge Contreras. See Mot. to Disqualify at 33-34; Def.'s Mem. at 1. However, neither the DOJ nor Mr. Jordan appended any such request to any filing presently before this Court. See generally Def.'s Mem.

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Bluebook (online)
315 F. Supp. 3d 584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jordan-v-us-dept-of-justice-cadc-2018.