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Case TitleAMERICAN IMMIGRATION COUNCIL v. DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv01196
Date Filed2020-05-07
Date ClosedOpen
JudgeJudge Thomas F. Hogan
PlaintiffAMERICAN IMMIGRATION COUNCIL
Case DescriptionThe American Immigration Council submitted a FOIA request to the Department of Homeland Security for records concerning U.S. Immigration and Customs Enforcement's response to the corona virus pandemic. The agency acknowledged receipt of the request but after hearing nothing further from the agency, AIC filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantIMMIGRATION AND CUSTOMS ENFORCEMENT
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Opinion/Order [16]
User-contributed Documents
 001 Complaint
001-1 Exhibit A to Complaint
001-2 Exhibit B to Complaint
001-3 Exhibit C to Complaint
001-4 Civil Cover Sheet
001-5 Civil Process Clerk Summons
001-6 DHS Summons
001-7 ICE Summons
001-8 DOJ Summons
003 Civil Process Clerk Summons
010 Gov't Opp. to Plaintiff Motion for Preliminary Injunction
010-1 Holzer Declaration, Attachments A and B ISO Gov't
010-2 Toni Fuentes Declaration, Exhibits A and B ISO Gov't
012 Notice of Errata to Plaintiff's Reply
012-1 Plaintiff Corrected Reply to Gov't Opp.
014 Order Granting Plaintiff Preliminary Injunction
015 Gov't Answer to Complaint
016 Memo ISO Order
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-05-071COMPLAINT against DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number ADCDC-7102437) filed by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Civil Cover Sheet, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)(Creighton, Emily) (Entered: 05/07/2020)
2020-05-072LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN IMMIGRATION COUNCIL (Creighton, Emily) (Entered: 05/07/2020)
2020-05-07Case Assigned to Judge Thomas F. Hogan. (adh, ) (Entered: 05/07/2020)
2020-05-073SUMMONS (4) Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 05/07/2020)
2020-05-114NOTICE of Appearance by Claudia Valenzuela on behalf of AMERICAN IMMIGRATION COUNCIL (Valenzuela, Claudia) (Entered: 05/11/2020)
2020-05-115NOTICE of Appearance by Emily Creighton on behalf of AMERICAN IMMIGRATION COUNCIL (Creighton, Emily) (Entered: 05/11/2020)
2020-05-126MOTION for Preliminary Injunction by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Text of Proposed Order)(Valenzuela, Claudia) (Entered: 05/12/2020)
2020-05-187NOTICE of Appearance by Alexander V. Sverdlov on behalf of All Defendants (Sverdlov, Alexander) (Entered: 05/18/2020)
2020-05-188Unopposed MOTION for Extension of Time to File Response/Reply as to 6 MOTION for Preliminary Injunction by DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT (Sverdlov, Alexander) (Entered: 05/18/2020)
2020-05-18MINUTE ORDER granting 8 Defendants' Unopposed Motion for an Extension of Time to Respond to Plaintiff's Motion for Preliminary Injunction. Defendants' response shall be filed by May 26, 2020. Signed by Judge Thomas F. Hogan on May 18, 2020. (CR) (Entered: 05/18/2020)
2020-05-18Set/Reset Deadlines: Defendant's Response due by 5/26/2020 (hs) (Entered: 05/18/2020)
2020-05-199RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 5/15/2020; IMMIGRATION AND CUSTOMS ENFORCEMENT served on 5/18/2020, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/18/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/18/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 6/17/2020.) (Attachments: # 1 Exhibit A)(Valenzuela, Claudia) (Entered: 05/19/2020)
2020-05-2610Memorandum in opposition to re 6 MOTION for Preliminary Injunction filed by DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Declaration Attachment A, # 2 Declaration Attachment B)(Sverdlov, Alexander) (Entered: 05/26/2020)
2020-05-27MINUTE ORDER. A telephonic hearing on 6 Plaintiff's Motion for Preliminary Injunction is scheduled for June 2, 2020 at 2:00 PM before Judge Thomas F. Hogan. Signed by Judge Thomas F. Hogan on May 27, 2020. (CR) (Entered: 05/27/2020)
2020-05-29Set/Reset Hearings: Preliminary Injunction Hearing set for 6/2/2020 at 02:00 PM before Judge Thomas F. Hogan. (hs) (Entered: 05/29/2020)
2020-05-2911REPLY to opposition to motion re 6 MOTION for Preliminary Injunction filed by AMERICAN IMMIGRATION COUNCIL. (Valenzuela, Claudia) (Entered: 05/29/2020)
2020-05-3012ERRATA re 11 REPLY to opposition to motion re 6 MOTION for Preliminary Injunction by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Plaintiff's Corrected Reply to Defendants' Response in Opposition to Plaintiff's Motion for a Preliminary Injunction)(Valenzuela, Claudia) Modified to add docket link on 6/1/2020 (eg). (Entered: 05/30/2020)
2020-06-02Minute Entry; for proceedings held before Judge Thomas F. Hogan: Telephonic Motion Hearing held on 6/2/2020. Plaintiff's 6 MOTION for Preliminary Injunction; heard and taken under advisement. (Court Reporter Sara Wick) (hs) (Entered: 06/02/2020)
2020-06-0513NOTICE of Other Cases, in Response to the Court's Request by DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT (Sverdlov, Alexander) (Entered: 06/05/2020)
2020-06-09MINUTE ORDER. In light of the issues discussed during the telephonic hearing on 6 Plaintiff's Motion for Preliminary Injunction and the information provided to the Court in 13 Defendants' Notice Regarding Other COVID-19 Cases, the parties are directed to meet and confer in an effort to narrow or prioritize Plaintiff's priorities among the FOIA requests at issue in this case, and to discuss a possible agreement on a timeline for processing and production of records. The Court will hold a teleconference on THURSDAY, JUNE 11, 2020 at 11:15 a.m. to discuss the results of the parties' discussions. If the parties are unable to reach an agreement on these issues, the Court will proceed with issuing its decision on 6 Plaintiff's Motion for Preliminary Injunction as indicated at the conclusion of the June 2 hearing. Signed by Judge Thomas F. Hogan on June 9, 2020. (CR) (Entered: 06/09/2020)
2020-06-09Set/Reset Hearings: Status Conference set for 6/11/2020 at 11:15 AM before Judge Thomas F. Hogan. (hs) (Entered: 06/09/2020)
2020-06-1114ORDER granting 6 Motion for Preliminary Injunction. See Order for details. Signed by Judge Thomas F. Hogan on June 11, 2020. (CR) (Entered: 06/11/2020)
2020-06-11Minute Entry; for proceedings held before Judge Thomas F. Hogan: Motion Hearing held on 6/11/2020. Written order to issue from Chambers. (Court Reporter Nancy Meyer.) (hs) (Entered: 06/11/2020)
2020-06-1715ANSWER to Complaint by DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT.(Sverdlov, Alexander) (Entered: 06/17/2020)
2020-07-0616MEMORANDUM OPINION. Signed by Judge Thomas F. Hogan on July 6, 2020. (CR) (Entered: 07/06/2020)
2020-12-2417Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Valenzuela, Claudia) (Entered: 12/24/2020)
2020-12-2818ORDER setting briefing schedule. See attached Order for details. Signed by Judge Thomas F. Hogan on December 28, 2020. (CR) (Entered: 12/28/2020)
2020-12-28Set/Reset Deadlines: Summary Judgment motions due by 1/22/2021. Cross Motions due by 2/12/2021. Response to Cross Motions due by 3/5/2021. Replies due by 3/12/2021. Response to Motion for Summary Judgment due by 2/12/2021. Reply to Motion for Summary Judgment due by 3/5/2021. (hs) (Entered: 12/28/2020)
2021-01-1919Consent MOTION for Extension of Time to file Motion for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Sverdlov, Alexander) (Entered: 01/19/2021)
2021-01-21MINUTE ORDER: GRANTING 19 Defendants' Consent Motion for Extension of Time to file Motion for Summary Judgment. Defendants shall file their motion for summary judgment on or before February 5, 2021. It is further ORDERED that all deadlines set forth in this Court's December 28, 2020 Order setting briefing schedule 18 are extended by 14 days. By February 26, 2021, the plaintiff shall file its combined opposition and cross-motion for summary judgment; by March 19, 2021, the defendants shall file their combined opposition and reply; and by March 26, 2021, the plaintiff shall file its reply. Signed by Judge Thomas F. Hogan on January 21, 2021. (JRM). (Entered: 01/21/2021)
2021-01-21Set/Reset Deadlines: Defendant's Summary Judgment motions due by 2/5/2021. (hs) (Entered: 01/21/2021)
2021-02-0420Consent MOTION for Extension of Time to file Motion for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Sverdlov, Alexander) (Entered: 02/04/2021)
2021-02-08MINUTE ORDER: GRANTING 20 Defendants' Consent Motion for Extension of Time to file Motion for Summary Judgment. Defendants shall file their motion for summary judgment on or before February 26, 2021. It is further ORDERED that all deadlines set forth in this Court's January 21, 2021 Minute Order setting briefing schedule are extended by 21 days. By March 19, 2021, the plaintiff shall file its combined opposition and cross-motion for summary judgment; by April 9, 2021, the defendants shall file their combined opposition and reply; and by April 16, 2021, the plaintiff shall file its reply. Signed by Judge Thomas F. Hogan on February 8, 2021 (JRM). (Entered: 02/08/2021)
2021-02-08Set/Reset Deadlines: Summary Judgment motion due by 2/26/2021. Response to Motions for Summary Judgment due by 3/21/2021. Reply to Motions for Summary Judgment due by 4/16/2021. (hs) (Entered: 02/08/2021)
2021-02-2621STIPULATION ; Stipulated Request to Hold Proceedings in Abeyance by DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Sverdlov, Alexander) (Entered: 02/26/2021)
2021-03-02ORDER: Upon consideration of the parties' 21 Joint Stipulated Request to Hold Proceedings in Abeyance, it is hereby ORDERED that this matter be held in abeyance until April 19, 2021. The current schedule for summary judgment briefing in this matter is hereby VACATED and the parties shall submit a joint status report to this Court on or before April 19, 2021. Signed by Judge Thomas F. Hogan on March 2, 2021. (KDD). (Entered: 03/02/2021)
2021-03-02Set/Reset Deadlines: Joint Status Report due by 4/19/2021 (hs) (Entered: 03/02/2021)
2021-04-1922Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Valenzuela, Claudia) (Entered: 04/19/2021)
2021-04-20MINUTE ORDER. Upon consideration of the parties' 22 Joint Status Report, it is ORDERED that the parties shall file a further Joint Status Report by May 17, 2021. Signed by Judge Thomas F. Hogan on April 20, 2021. (CR) (Entered: 04/20/2021)
2021-04-20Set/Reset Deadlines: Joint Status Report due by 5/17/2021 (hs) (Entered: 04/20/2021)
2021-05-1723Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Valenzuela, Claudia) (Entered: 05/17/2021)
2021-05-17MINUTE ORDER. Upon consideration of the parties' 23 Joint Status Report, it is ORDERED that the parties shall file a further Joint Status Report by May 24, 2021.Signed by Judge Thomas F. Hogan on May 17, 2021. (CR) (Entered: 05/17/2021)
2021-05-18Set/Reset Deadlines: Joint Status Report due by 5/24/2021 (hs) (Entered: 05/18/2021)
2021-05-2424Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT. (Sverdlov, Alexander) (Entered: 05/24/2021)
2021-05-27MINUTE ORDER. Upon consideration of the parties' 24 Joint Status Report, it is ORDERED that the parties shall file a further Joint Status Report by June 3, 2021. Signed by Judge Thomas F. Hogan on May 27, 2021. (CR) (Entered: 05/27/2021)
2021-05-28Set/Reset Deadlines: Joint Status Report due by 6/3/2021 (hs) (Entered: 05/28/2021)
2021-06-0325Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT. (Sverdlov, Alexander) (Entered: 06/03/2021)
2021-06-04MINUTE ORDER. Upon consideration of the parties' 25 Joint Status Report, it is ORDERED that the parties shall file a further Joint Status Report by July 6, 2021. Signed by Judge Thomas F. Hogan on June 4, 2021. (CR) (Entered: 06/04/2021)
2021-06-04Set/Reset Deadlines: Joint Status Report due by 7/6/2021 (hs) (Entered: 06/04/2021)
2021-07-0626Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT. (Sverdlov, Alexander) (Entered: 07/06/2021)
2021-07-06MINUTE ORDER. Upon consideration of the parties' 26 Joint Status Report, it is ORDERED that the parties shall file a further Joint Status Report by August 6, 2021. Signed by Judge Thomas F. Hogan on July 6, 2021. (CR) (Entered: 07/06/2021)
2021-07-07Set/Reset Deadlines: Joint Status Report due by 8/6/2021 (hs) (Entered: 07/07/2021)
2021-08-0627Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Creighton, Emily) (Entered: 08/06/2021)
2021-08-09MINUTE ORDER. Upon consideration of the parties' 27 Joint Status Report, it is ORDERED that the parties shall file a further Joint Status Report by September 10, 2021. Signed by Judge Thomas F. Hogan on August 9, 2021. (CR) (Entered: 08/09/2021)
2021-08-09Set/Reset Deadlines: Joint Status Report due by 9/10/2021 (hs) (Entered: 08/09/2021)
2021-09-1028Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT. (Sverdlov, Alexander) (Entered: 09/10/2021)
2021-09-13MINUTE ORDER. Upon consideration of the parties' 28 Joint Status Report, it is ORDERED that the parties shall file a further Joint Status Report by October 12, 2021. Signed by Judge Thomas F. Hogan on September 13, 2021. (CR) (Entered: 09/13/2021)
2021-09-13Set/Reset Deadlines: Joint Status Report due by 10/12/2021 (hs) (Entered: 09/13/2021)
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