Case Detail

FOIA Project Annotation: Judge Christopher Cooper has ruled that the Department of Homeland Security did not conduct an adequate search for records requested by the Government Accountability Project pertaining to "ideological tests" and "searches of cellphones" at the U.S. border. The agency did an electronic records search for records containing the verbatim language used by GAP â€" "ideological tests" and "border" for the first request, and "search" and "cellphone" for the second request â€" and found no responsive records. After GAP filed suit, DHS conducted a further search of emails between dhs.gov and eop.gov containing the keywords. This search yielded no records concerning ideological tests and 807 documents containing the terms "search" and "cellphone." But after reviewing those records, DHS determined none were responsive to GAP's request. GAP complained that the searches were too limited and should have contained more keywords. Cooper agreed, finding that Summers v. Dept of Justice, 934 F. Supp. 458 (D.D.C. 1996), where the court found that a search for former FBI Director J. Edgar Hoover's commitment calendars was insufficient because the FBI only used the word "commitment," instead of obvious search terms like "appointment" and "diary." Cooper pointed out that "while 'ideological tests' may not have quite as obvious substitutes as 'commitment calendars,' searching for that phrase verbatim was always doomed to return limited results. At the very least, the agency should have used synonyms for 'test' and proxies for 'ideological' and should not have grouped the two words together â€" since that risks excluding any emails where both 'ideological' and 'tests' were used, but not in the precise 'ideological tests' syntax." Cooper also found that Bagwell v. Dept of Justice, 311 F. Supp. 3d 223 (D.D.C. 2018), where a search for records concerning DOJ's involvement in the sexual abuse scandal at Penn State was found inadequate because the agency searched only the term "Pennsylvania State University" rather than including "PSU" or "Penn State." Cooper noted that Bagwell applied here as well. He pointed out that "searching only for the word 'cellphone' is inadequate, variants that may well be used in correspondence â€" like the two-word version 'cell phone' or simply 'phone' â€" must also be included. Such variants may be just as likely to be used by the relevant government officials." Ordering the parties to confer on a reasonable list of search terms, Cooper observed that "FOIA requests are not a game of Battleship. The requester should not have to score a direct hit on the records sought based on the precise phrasing of his request. Rather, the agency must liberally interpret the request and frame its search accordingly."
Issues: Search - Reasonableness of search

Date Filed	Doc #	Docket Text
2017-11-21	1	COMPLAINT against UNITED STATES DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-5216810) filed by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Summons, # 5 Summons, # 6 Summons)(Burday, Joshua) (Entered: 11/21/2017)
2017-11-22		Case Assigned to Judge Christopher R. Cooper. (zsb) (Entered: 11/22/2017)
2017-11-22	2	SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 11/22/2017)
2018-01-17	3	Consent MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 01/17/2018)
2018-01-18		MINUTE ORDER granting 3 Defendant's Motion for Extension of Time. Defendant's response to the complaint shall now be due by February 16, 2018. Signed by Judge Christopher R. Cooper on 1/18/2018. (lccrc2) (Entered: 01/18/2018)
2018-01-18		Set/Reset Deadlines: Answer due by 2/16/2018 (lsj) (Entered: 01/18/2018)
2018-02-14	4	ANSWER to 1 Complaint, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Simon, Jeremy) (Entered: 02/14/2018)
2018-02-14		MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. Since the requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure do not apply, it is hereby ORDERED that the parties shall confer and file a joint proposed schedule for briefing or disclosure by February 28, 2018. Signed by Judge Christopher R. Cooper on 2/14/2018. (lccrc2) (Entered: 02/14/2018)
2018-02-14		Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 2/28/2018 (lsj) (Entered: 02/14/2018)
2018-02-27	5	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 02/27/2018)
2018-02-28		MINUTE ORDER: In light of 5 the parties' Joint Status Report, the parties are directed to file a further joint status report by April 3, 2018 proposing a further schedule for production. Signed by Judge Christopher R. Cooper on 2/28/2018. (lccrc2) (Entered: 02/28/2018)
2018-02-28		Set/Reset Deadlines: Joint Status Report due by 4/3/2018 (lsj) (Entered: 02/28/2018)
2018-04-03	6	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 04/03/2018)
2018-04-06		MINUTE ORDER: In light of 6 the parties' joint status report, the parties are directed to file a further joint status report by May 8, 2018 proposing a further schedule for production. Signed by Judge Christopher R. Cooper on 4/3/2018. (lccrc2) (Entered: 04/06/2018)
2018-04-06		Set/Reset Deadlines: Joint Status Report due by 5/8/2018 (lsj) (Entered: 04/06/2018)
2018-05-08	7	Joint STATUS REPORT and Proposed Briefing Schedule by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 05/08/2018)
2018-05-09		MINUTE ORDER: In light of 7 the parties' joint status report, the summary judgment briefing schedule in this case shall be as follows: Defendant's motion for summary judgment shall be due by June 27, 2018; Plaintiff's combined opposition and cross-motion shall be due by July 27, 2018; Defendant's combined reply and opposition shall be due by August 17, 2018; and Plaintiff's reply shall be due by September 7, 2018. Signed by Judge Christopher R. Cooper on 5/9/2018. (lccrc2) (Entered: 05/09/2018)
2018-05-09		Set/Reset Deadlines: Summary Judgment motions due by 6/27/2018. Response to Motion for Summary Judgment due by 7/27/2018. Reply to Motion for Summary Judgment due by 8/17/2018. Replies due by 9/7/2018. (lsj) (Entered: 05/09/2018)
2018-06-27	8	MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Proposed Order, # 2 Declaration of James V.M.L. Holzer)(Simon, Jeremy) (Entered: 06/27/2018)
2018-07-27	9	MOTION for Partial Summary Judgment by GOVERNMENT ACCOUNTABILITY PROJECT (Attachments: # 1 Memorandum in Support Memorandum, # 2 Statement of Facts Statement of Genuine Issues of Fact, # 3 Statement of Facts Statement of Material Facts, # 4 Text of Proposed Order Proposed Order)(Topic, Matthew) (Entered: 07/27/2018)
2018-08-17	10	Unopposed MOTION for Extension of Time to File Combined Opposition and Reply by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 08/17/2018)
2018-08-20		MINUTE ORDER granting 10 Defendant's Motion for Extension of Time. It is hereby ORDERED that Defendant's opposition and reply brief is due on or before September 10, 2018 and Plaintiff's reply is due on or before October 1. Signed by Judge Christopher R. Cooper on 8/20/18. (lccrc2) (Entered: 08/20/2018)
2018-08-21		Set/Reset Deadlines: Defendant's Opposition and Reply Brief due by 9/10/2018. (lsj) (Entered: 08/21/2018)
2018-09-10	11	Memorandum in opposition to re 9 MOTION for Partial Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Response to Plaintiff's Local Rule 7(h) Statement, # 2 Supplemental Declaration of James V.M.L. Holzer, # 3 Proposed Order)(Simon, Jeremy) (Entered: 09/10/2018)
2018-09-10	12	REPLY to opposition to motion re 8 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum (duplicate of Docket Entry No. 11) filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Response to Plaintiff's Local Rule 7(h) Statement, # 2 Supplemental Declaration of James V.M.L. Holzer, # 3 Proposed Order)(Simon, Jeremy) (Entered: 09/10/2018)
2018-10-01	13	REPLY to opposition to motion re 9 MOTION for Partial Summary Judgment filed by GOVERNMENT ACCOUNTABILITY PROJECT. (Topic, Matthew) (Entered: 10/01/2018)
2018-10-12	14	ORDER denying 8 Defendant's Motion for Summary Judgment and granting 9 Plaintiff's Motion for Partial Summary Judgment. Signed by Judge Christopher R. Cooper on 10/12/2018. (lccrc2) (Entered: 10/12/2018)
2018-10-12	15	MEMORANDUM OPINION re 14 Order denying Defendant's Motion for Summary Judgment and granting Plaintiff's Motion for Partial Summary Judgment. Signed by Judge Christopher R. Cooper on 10/12/2018. (lccrc2) (Entered: 10/12/2018)
2018-10-12		Set/Reset Deadlines: Meet & Confer Statement due by 10/26/2018. Responses due by 11/2/2018. (znbn) (Entered: 10/12/2018)
2018-10-24	16	Consent MOTION for Extension of Time to Comply with Deadlines in Court's October 12, 2018 Order by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 10/24/2018)
2018-10-25		MINUTE ORDER granting Defendant's 16 Consent Motion for Extension of Time to Comply with Deadlines in Court's October 12, 2018 Order. The October 26, 2018 deadline for the parties to meet and confer regarding potential search terms is now extended to November 9, 2018; the November 2, 2018 deadline for the parties, should they be unable to agree on search terms, to propose their preferred terms to the Court is now extended to November 16, 2018. Signed by Judge Christopher R. Cooper on 10/25/2018. (lccrc2) (Entered: 10/25/2018)
2018-10-25		Set/Reset Deadlines: Meet & Confer Statement due by 11/9/2018. Deadline for the parties, should they be unable to agree on search terms, to propose their preferred terms to the Court is now extended to 11/16/2018. (znbn) (Entered: 10/25/2018)
2018-11-16	17	Joint STATUS REPORT Regarding Search Terms by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 11/16/2018)
2018-11-21	18	ORDER regarding additional search terms. Signed by Judge Christopher R. Cooper on 11/21/2018. (lccrc2) (Entered: 11/21/2018)
2019-08-06	19	NOTICE of Appearance by Merrick Jason Wayne on behalf of GOVERNMENT ACCOUNTABILITY PROJECT (Wayne, Merrick) (Entered: 08/06/2019)
2019-09-06		MINUTE ORDER: The parties are hereby ORDERED to file a joint status report by Friday, September 13, 2019 with an update on the status of production. Signed by Judge Christopher R. Cooper on 9/6/19. (lccrc2) (Entered: 09/06/2019)
2019-09-06		Set/Reset Deadlines: Joint Status Report due by 9/13/2019 (lsj) (Entered: 09/06/2019)
2019-09-13	20	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 09/13/2019)
2019-09-17		MINUTE ORDER: In light of 20 Joint Status Report, the parties are hereby ORDERED to file a joint status report by October 1, 2019, which shall include an update on when the Department of Homeland Security expects to complete its review of the search results and, if responsive records are identified, a proposed production schedule. Signed by Judge Christopher R. Cooper on 9/17/19. (lccrc2) (Entered: 09/17/2019)
2019-09-17		Set/Reset Deadlines: Joint Status Report due by 10/1/2019 (lsj) (Entered: 09/17/2019)
2019-10-01	21	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 10/01/2019)
2019-10-03		MINUTE ORDER: In light of 21 Joint Status Report, the parties are hereby ORDERED to file a joint status report by October 29, 2019, which shall include the parties' proposals for further proceedings. Signed by Judge Christopher R. Cooper on 10/3/19. (lccrc2) (Entered: 10/03/2019)
2019-10-04		Set/Reset Deadlines: Joint Status Report due by 10/29/2019 (lsj) (Entered: 10/04/2019)
2019-10-29	22	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 10/29/2019)
2019-10-31		MINUTE ORDER: The parties are directed to file a joint status report by December 2, 2019, which shall include their respective proposals for further proceedings. Signed by Judge Christopher R. Cooper on 10/31/19. (lccrc2) (Entered: 10/31/2019)
2019-10-31		Set/Reset Deadlines: Joint Status Report due by 12/2/2019 (lsj) (Entered: 10/31/2019)
2019-12-02	23	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 12/02/2019)
2019-12-02		MINUTE ORDER: The parties are directed to appear for a telephonic status conference on Friday, December 6, 2019 at 10:00 a.m. Signed by Judge Christopher R. Cooper on 12/2/19. (lccrc2) Modified to correct date on 12/3/2019 (lsj). (Entered: 12/02/2019)
2019-12-03		Set/Reset Hearings: Telephone Conference set for 12/6/2019 at 10:00 AM before Judge Christopher R. Cooper. (lsj) (Entered: 12/03/2019)
2019-12-06		Minute Entry for proceedings held before Judge Christopher R. Cooper: Telephone Conference held on 12/6/2019. Joint Status Report due by 1/7/2020. (Court Reporter: Lisa Moreira.) (kt) (Entered: 12/06/2019)
2019-12-06		MINUTE ORDER: As stated on the record at today's status conference, the parties are directed to file their next joint status report by January 7, 2019, which shall include, if necessary, a proposed briefing schedule on attorney's fees. Signed by Judge Christopher R. Cooper on 12/6/19. (lccrc2) (Entered: 12/06/2019)
2020-01-07	24	Joint STATUS REPORT by GOVERNMENT ACCOUNTABILITY PROJECT. (Burday, Joshua) (Entered: 01/07/2020)
2020-01-08		MINUTE ORDER: In light of 24 the parties' latest joint status report, the parties are directed to file their next status report by February 7, 2020, which shall include an update on whether further proceedings concerning attorney's fees are needed. Should further proceedings be necessary, briefing shall proceed on the following schedule: Plaintiff shall file its fee petition by February 21, 2020; Defendant shall file its opposition by March 23, 2020; Plaintiff shall file its reply by April 7, 2020. Signed by Judge Christopher R. Cooper on 1/8/20. (lccrc2) (Entered: 01/08/2020)
2020-01-08		Set/Reset Deadlines: Joint Status Report due by 2/7/2020. Petition due by 2/21/2020. Responses due by 3/23/2020. Replies due by 4/7/2020. (lsj) (Entered: 01/08/2020)
2020-02-06	25	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 02/06/2020)
2020-02-21	26	MOTION for Attorney Fees by GOVERNMENT ACCOUNTABILITY PROJECT (Attachments: # 1 Exhibit 1 - Topic Affidavit)(Burday, Joshua) (Entered: 02/21/2020)
2020-03-23	27	Memorandum in opposition to re 26 MOTION for Attorney Fees filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Proposed Order, # 2 Exhibit A (Redacted Offer of Judgment))(Simon, Jeremy) (Entered: 03/23/2020)
2020-04-06	28	Unopposed MOTION for Extension of Time to File Fee Petition Reply by GOVERNMENT ACCOUNTABILITY PROJECT (Attachments: # 1 Text of Proposed Order)(Burday, Joshua) (Entered: 04/06/2020)
2020-04-07		MINUTE ORDER granting 28 Plaintiff's Unopposed Motion for Extension of Time to File Reply. Plaintiff shall file its reply by May 7, 2020. No further extension requests shall be granted. Signed by Judge Christopher R. Cooper on 4/7/20. (lccrc2) (Entered: 04/07/2020)
2020-04-07		Set/Reset Deadlines: Replies due by 5/7/2020. (lsj) (Entered: 04/07/2020)
2020-05-07	29	REPLY to opposition to motion re 26 MOTION for Attorney Fees filed by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Text of Proposed Order)(Burday, Joshua) (Entered: 05/07/2020)
2020-05-11	30	REPLY to opposition to motion re 26 MOTION for Attorney Fees Plaintiff's Corrected Reply in Support of Its Petition for Attorneys Fees and Costs filed by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Text of Proposed Order)(Burday, Joshua) (Entered: 05/11/2020)
2020-06-02	31	ORDER denying 26 GAP's Motion for Attorney Fees and dismissing case. See full Order for details. Signed by Judge Christopher R. Cooper on 6/2/20. (lccrc2) (Entered: 06/02/2020)
Hide Docket Events