Case Detail

FOIA Project Annotation: Judge Richard Leon has ruled that Judicial Watch has not provided evidence that the Department of Homeland Security has a policy and practice of failing to respond to the organization's requests for travel-related documents within a reasonable amount of time. While Judicial Watch alleged a violation of FOIA, it included a second claim alleging that the agency had a pattern and practice of refusing to respond to its requests on time. Explaining that the D.C. Circuit had recognized an equitable claim in Payne Enterprises v. United State, 836 F.2d 486 (D.C. Cir. 1988), for agency policies and practices that consistently violated FOIA, Leon pointed out that "Judicial Watch has failed to allege sufficient facts to state a 'policy and practice claim.'. . .In support of its claim, Judicial Watch alleges that, at the time it filed its Complaint in November 2015, DHS had yet to make a determination on 19 FOIA requests that were submitted between July 2014 and August 2015. Taken by itself, this allegation is insufficient to show DHS 'adopted, endorsed, or implemented' a policy of violating FOIA's requirements. Judicial Watch points to no fact or statement to establish why the requests were delayed or how the delays were the result of an either formal or informal DHS policy or practice to violate FOIA's requirements, rather than an inevitable, but unintended delay attributable to a lack of resources. Rather than allege facts that, if true, would establish a policy or practice of violating FOIA, Judicial Watch simply jumps to the ultimate legal conclusion and asserts that such a policy exists." He added that "Judicial Watch does not allege any agency policy or practice, either formal or informal, that rises to the level recognized in Payne, and cannot rest on the mere fact of delay alone to establish a claim." Turning to the remaining FOIA claim, Leon found it was now moot. He noted that "neither DHS nor Judicial Watch has formally moved to dismiss or withdraw Count I, but the parties have jointly represented to the Court 'that Count I of the complaint has been satisfied by the DHS's production of all of the requested, responsive non-exempt records.'"
Issues: Litigation - Jurisdiction - Failure to State a Claim, Litigation - Jurisdiction - Moot

Date Filed	Doc #	Docket Text
2015-11-10	1	COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-4311910) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons DHS, # 3 Summons US Attorney General)(Burke, Lauren) (Entered: 11/10/2015)
2015-11-10	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Burke, Lauren) (Entered: 11/10/2015)
2015-11-12	3	NOTICE OF PLAINTIFF'S CORRECTED FILING by JUDICIAL WATCH, INC. re 1 Complaint, (Attachments: # 1 Summons U.S. Attorney for the District of Columbia)(Burke, Lauren) (Entered: 11/12/2015)
2015-11-13	4	SUMMONS Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney (Attachments: # 1 Consent Forms)(jf) (Entered: 11/13/2015)
2015-11-17	5	SUMMONS Issued Electronically as to U.S. Attorney (jf) (Entered: 11/17/2015)
2015-12-03	6	STANDING ORDER. Signed by Judge Richard J. Leon on 12/03/15. (lcrjl1, ) (Entered: 12/03/2015)
2015-12-08	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/23/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 12/23/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/23/2015., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 11/23/2015 (Attachments: # 1 Declaration of Cristina Rotaru)(Burke, Lauren) (Entered: 12/08/2015)
2015-12-22	8	ANSWER to Complaint of Judicial Watch by U.S. DEPARTMENT OF HOMELAND SECURITY.(Sealls, Kenneth) (Entered: 12/22/2015)
2016-01-21	9	Joint STATUS REPORT of the Parties by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Sealls, Kenneth) (Entered: 01/21/2016)
2016-02-01	10	SCHEDULING ORDER : Upon consideration of the representations made by the parties in the initial joint status report. It is hereby ordered that: Defendant's motion for judgment due by 2/12/2016; response due by 3/11/2016, and reply due by 3/25/2016. If summary judgment briefing is necessary, the defendant's summary judgment motion due by 3/24/2016; response/cross motion due by 4/21/2016; response/reply to cross motion due by 5/19/2016, and plaintiff' reply to cross motion due by 6/2/2016. SEE ORDER FOR MORE DEADLINES. Signed by Judge Richard J. Leon on 02/01/6. (tb) (Entered: 02/01/2016)
2016-02-12	11	MOTION for Judgment on the Pleadings on Plaintiff's "Policy and Practice" Claim by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Sealls, Kenneth) (Entered: 02/12/2016)
2016-02-19	12	MOTION for Extension of Time to Request Discovery by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Burke, Lauren) (Entered: 02/19/2016)
2016-02-22	13	MOTION for Discovery by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Burke, Lauren) (Entered: 02/22/2016)
2016-02-24		MINUTE ORDER granting nunc pro tunc 12 MOTION for Extension of Time to Request Discovery. It hereby ORDERED that plaintiff's motion is GRANTED. Signed by Judge Richard J. Leon on 02/24/2016. (lcrjl1, ) (Entered: 02/24/2016)
2016-03-12	14	Memorandum in opposition to re 11 MOTION for Judgment on the Pleadings on Plaintiff's "Policy and Practice" Claim filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit Justin McCarthy Declaration, # 2 Text of Proposed Order)(Burke, Lauren) (Entered: 03/12/2016)
2016-03-14	15	MOTION for Order to Accept Opposition as Timely Filed by JUDICIAL WATCH, INC. (Attachments: # 1 Text of Proposed Order)(Burke, Lauren) (Entered: 03/14/2016)
2016-03-18	16	Memorandum in opposition to re 13 MOTION for Discovery filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Sealls, Kenneth) (Entered: 03/18/2016)
2016-03-24	17	Joint MOTION to Vacate Summary Judgment Briefing Schedule by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Sealls, Kenneth) (Entered: 03/24/2016)
2016-03-25	18	REPLY to opposition to motion re 11 MOTION for Judgment on the Pleadings on Plaintiff's "Policy and Practice" Claim filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Sealls, Kenneth) (Entered: 03/25/2016)
2016-03-29		MINUTE ORDER granting 17 Joint Motion to Vacate Summary Briefing Schedule. It is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the 10 Scheduling Order is hereby amended such that the summary judgment briefing schedule with respect to Count I of the Complaint is hereby VACATED. It is further ORDERED that the parties shall jointly propose a summary judgment briefing schedule with respect to Count II of the Complaint, if the parties determine summary judgment briefing on that Count is necessary. Signed by Judge Richard J. Leon on 03/29/2016. (lcrjl1, ) (Entered: 03/29/2016)
2016-04-01	19	REPLY to opposition to motion re 13 MOTION for Discovery filed by JUDICIAL WATCH, INC.. (Burke, Lauren) (Entered: 04/01/2016)
2016-05-11	20	MOTION for Leave to File Supplement by JUDICIAL WATCH, INC. (Attachments: # 1 Supplement, # 2 Text of Proposed Order)(Burke, Lauren) (Entered: 05/11/2016)
2016-05-31	21	Memorandum in opposition to re 20 MOTION for Leave to File Supplement filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Sealls, Kenneth) (Entered: 05/31/2016)
2016-06-11	22	REPLY to opposition to motion re 20 MOTION for Leave to File Supplement filed by JUDICIAL WATCH, INC.. (Burke, Lauren) (Entered: 06/11/2016)
2016-09-28		MINUTE ORDER: Upon due consideration of Plaintiff's Motion for Leave to File Supplement for Discovery and Opposition to Defendant's Motion for Judgment on the Pleadings 20 , it is hereby ORDERED that the Motion is GRANTED and plaintiff's supplement is deemed filed. Signed by Judge Richard J. Leon on 09/28/16. (lcrjl1) (Entered: 09/28/2016)
2016-09-28	23	SUPPLEMENTAL MEMORANDUM to re 14 Memorandum in Opposition, 13 MOTION for Discovery filed by JUDICIAL WATCH, INC.. (znmw) (Entered: 09/29/2016)
2016-09-29		MINUTE ORDER: Upon due consideration of Plaintiff's Motion to Accept Opposition Brief as Timely Filed 15 , it is hereby ORDERED that the Motion is GRANTED and the opposition is deemed timely filed. Signed by Judge Richard J. Leon on 09/29/16. (lcrjl1) (Entered: 09/29/2016)
2016-09-29		MINUTE ORDER: Upon due consideration of Plaintiff's Motion for Leave to Take Discovery 13 , it is hereby ORDERED that the Motion is DENIED. Signed by Judge Richard J. Leon on 09/29/16. (lcrjl1) (Entered: 09/29/2016)
2016-09-29	24	MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 09/29/16. (tb) (Entered: 09/29/2016)
2016-09-29	25	ORDER: For the reasons stated in the accompanying Memorandum Opinion entered this date; it is hereby ordered that defendant's 11 Motion for Judgment on the Pleadings is GRANTED, and Count II of plaintiff's complaint is DISMISSED with prejudice. It is further ordered that Count 1 of the complaint is DISMISSED for lack of subject matter jurisdiction. This is a final appealable order. Signed by Judge Richard J. Leon on 09/29/16. (tb) (Entered: 09/29/2016)
2016-11-16	26	NOTICE of Appearance by Paul J. Orfanedes on behalf of JUDICIAL WATCH, INC. (Orfanedes, Paul) (Entered: 11/16/2016)
2016-11-16	27	NOTICE OF APPEAL TO DC CIRCUIT COURT by JUDICIAL WATCH, INC.. Filing fee $ 505, receipt number 0090-4745896. Fee Status: Fee Paid. Parties have been notified. (Orfanedes, Paul) (Entered: 11/16/2016)
2016-11-17	28	Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 27 Notice of Appeal to DC Circuit Court. (znmw) (Entered: 11/17/2016)
2016-11-18		USCA Case Number 16-5339 for 27 Notice of Appeal to DC Circuit Court filed by JUDICIAL WATCH, INC. (zrdj) (Entered: 11/18/2016)
2018-10-01	29	NOTICE of Change of Address by Kenneth Elliot Sealls (Sealls, Kenneth) (Entered: 10/01/2018)
2018-12-18	30	MANDATE of USCA as to 27 Notice of Appeal to DC Circuit Court filed by JUDICIAL WATCH, INC. ; USCA Case Number 16-5339. (Attachments: # 1 USCA Judgment)(zrdj) (Entered: 12/18/2018)
2019-10-18		MINUTE ORDER. Pursuant to Federal Rule of Civil Procedure 42(a), it is hereby ORDERED that Judicial Watch, Inc. v. U.S. Department of Homeland Security, 16-cv-863, is consolidated with Judicial Watch, Inc. v. U.S. Department of Homeland Security, 15-cv-1983. It is further ORDERED that the Clerk close 16-cv-863. It is further ORDERED that all filings in the consolidated case shall be filed only in 15-cv-1983. SO ORDERED. By Judge Richard J. Leon on 10/18/2019. (jth) Modified on 10/21/2019 to reflect that the correct case number being consolidated and closed is "16-cv-863" not "16-cv-683". (jth). (Entered: 10/18/2019)
2019-10-18	31	ORDER. Plaintiff shall show cause in writing within 30 days of this Order why the action should not be dismissed for failure to prosecute pursuant to Local Rule 83.23; and it is further ORDERED that failure to file a timely response may result in dismissal. SO ORDERED. (see the order for complete details). Signed by Judge Richard J. Leon on 10/17/2019. (jth) (Entered: 10/18/2019)
2019-11-18	32	RESPONSE TO ORDER TO SHOW CAUSE by JUDICIAL WATCH, INC. re 31 Order to Show Cause, filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Burke, Lauren) (Entered: 11/18/2019)
2019-11-22		MINUTE ORDER. Upon consideration of 32 Plaintiff's Response to the Court's Order to Show Cause, it is hereby ORDERED that the parties shall submit a joint status report on or before December 20, 2019 regarding any potential settlement. SO ORDERED. Signed by Judge Richard J. Leon on 11/22/2019. (lcrjl1) (Entered: 11/22/2019)
2019-12-19	33	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Sealls, Kenneth) (Entered: 12/19/2019)
2020-02-20	34	Joint STATUS REPORT of the Parties by U.S. DEPARTMENT OF HOMELAND SECURITY. (Sealls, Kenneth) (Entered: 02/20/2020)
2020-03-05		MINUTE ORDER. Upon consideration of 34 Joint Status Report, it is hereby ORDERED that the following briefing schedule shall govern this case: (1) Defendant's Motion for Summary Judgment on Plaintiff's policy and practice claim shall be due on or before May 15, 2020; (2) Plaintiff's Opposition to Defendant's Summary Judgment Motion, or Plaintiff's Motion for Discovery pursuant to Federal Rule of Civil Procedure 56(d), shall be due on or before June 12, 2020; (3) Defendant's Reply in Support of its Motion for Summary Judgment Motion, or its Opposition to Plaintiff's Motion for Discovery, shall be due on or before July 10, 2020; and (4) Plaintiff's Reply in Support of Any Motion for Discovery shall be due on or before July 24, 2020. SO ORDERED. Signed by Judge Richard J. Leon on 3/5/20. (lcrjl1) (Entered: 03/05/2020)
2020-03-05		Set/Reset Deadlines: Summary Judgment motion due by 5/15/2020. Response to Motion for Summary Judgment due by 6/12/2020. Reply to Motion for Summary Judgment due by 7/10/2020. Motion for leave to file supplement discovery due by 6/12/2020. Response due by 7/10/2020 Reply due by 7/24/2020. (tb) (Entered: 03/05/2020)
2020-05-07	35	Consent MOTION for Extension of Time to File Summary Judgment Motion by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Sealls, Kenneth) (Entered: 05/07/2020)
2020-05-11		MINUTE ORDER. Upon consideration of 35 Defendant's Consent Motion for Extension of Time to File Summary Judgment Motion, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that defendant shall file its Motion for Summary Judgment by May 22, 2020; plaintiff shall file its Opposition to Defendant's Motion for Summary Judgment, or, shall file its Motion for Discovery pursuant to Federal Rule of Civil Procedure 56(d), by June 19, 2020; defendant shall file its Reply in support of its Motion for Summary Judgment, or, shall file its Opposition to any Rule 56(d) Motion for Discovery by July 17, 2020; and plaintiff shall file its Reply in support of any Rule 56(d) Motion for Discovery by July 31, 2020. SO ORDERED. Signed by Judge Richard J. Leon on 5/11/20. (lcrjl1) (Entered: 05/11/2020)
2020-05-11		Set/Reset Deadlines: Defendant's Motion for Summary Judgment is due by 5/22/2020; Plaintiff's Opposition or, its Motion for Discovery is due by 6/19/2020; Defendant's Reply or, its Opposition to any Motion for Discovery is due by 7/172020; any Reply by Plaintiff in support of any Motion for Discovery is due by 7/31/2020. (jth) (Entered: 05/11/2020)
2020-05-22	36	MOTION for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Exhibit, # 4 Statement of Facts)(Sealls, Kenneth) (Entered: 05/22/2020)
2020-06-12	37	STIPULATION of Dismissal by the Parties by U.S. DEPARTMENT OF HOMELAND SECURITY. (Sealls, Kenneth) (Entered: 06/12/2020)
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