Case Detail

FOIA Project Annotation: Judge John Bates has ruled that some emails and attachments that Customs and Border Patrol claimed were protected by Exemption 5 (deliberative process privilege) either do not qualify for the privilege because they are not deliberative or have not been described adequately enough by the agency to allow Bates to determine if they are indeed protected. The case involved a request by CREW for any records pertaining to whether Texas businessman Ray L. Hunt received preferential treatment when the agency decided to bypass his property during the construction of a fence between the U.S. and Mexico. CREW's request was made after such allegations appeared in the Texas Observer. The agency produced 32 records, of which 21 were redacted based on Exemption 5. The agency contended that the records, consisting primarily of email chains, were created as part of the agency's efforts to counter the article's claims. Although the agency provided a Vaughn index, CREW argued that the agency had not provided sufficient information to challenge many of the Exemption 5 claims. Bates agreed with CREW and after an in camera inspection concluded that, while some claims could either be rejected or upheld, for other claims the information available was still insufficient to make a determination. After reviewing one email string, he observed that the material was factual and not deliberative. He pointed out that "although it is true that these redactions are, in the most general sense, part of an intra-agency discussion relating to CBP's response to the allegations in The Texas Observer article, no agency policy is being debated or discussed hereâ€"a task is simply being identified and assigned." Turning to a document entitled "Talking Points related to border fence at Hunt ranch," Bates indicated that "the attachment itself is also labeled as a 'draft' and 'for official use only.'" But he pointed out that although CBP puts much stock in its characterization of this document as a 'draft' containing 'talking points,' that, without more context, such as the attachment's author, recipient, purpose or use, is insufficient to assess the exemption claim. There appears to be a substantial amount of factual material in this attachment and such information is generally subject to disclosure." After reviewing five attachments to emails, Bates observed that "even after in camera review, the role that these documents played in the decisionmaking process is a mystery given CBP's vague and conclusory Vaughn submission." Bates ordered the agency to disclose the redactions for which he found the exemption did not apply and to provide more detail for those documents for which he currently had too little information to make a determination.
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative

Date Filed	Doc #	Docket Text
2008-06-18	1	COMPLAINT against DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 350, receipt number 4616013129) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 06/20/2008)
2008-06-18		SUMMONS (3) Issued as to DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 06/20/2008)
2008-06-18	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (jf, ) (Entered: 06/20/2008)
2008-06-25	3	NOTICE of Appearance by Cindy S. Owens on behalf of DEPARTMENT OF HOMELAND SECURITY (Owens, Cindy) (Entered: 06/25/2008)
2008-07-18	4	Defendant's ANSWER to 1 Complaint by DEPARTMENT OF HOMELAND SECURITY. Related document: 1 Complaint filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit A)(Owens, Cindy) (Entered: 07/18/2008)
2008-07-25	5	NOTICE of Appearance by Anne L. Weismann on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Weismann, Anne) (Entered: 07/25/2008)
2008-08-22	6	ORDER requiring the parties to confer and submit by not later than September 5, 2008, a proposed briefing schedule for the filing of dispositive motions to resolve this matter. Signed by Judge John D. Bates on 8/22/2008. (lcjdb2) (Entered: 08/22/2008)
2008-08-22		Set/Reset Deadlines: Proposed briefing schedule due by 9/5/2008. (lcjdb2) (Entered: 08/22/2008)
2008-09-05	7	ENTERED IN ERROR.....RESPONSE TO ORDER TO SHOW CAUSE by DEPARTMENT OF HOMELAND SECURITY re 6 Order Requesting a Proposed Briefing Schedule . (Owens, Cindy) Modified on 9/5/2008 (tr, ). (Entered: 09/05/2008)
2008-09-05		NOTICE re 7 Response to Order to Show Cause; emailed to cindy.owens@usdoj.gov, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Document title does not match docketed event, 2. Please refile document, 3. Counsel is advised to refile document as Meet and Confer under Other Documents (tr, ) (Entered: 09/05/2008)
2008-09-05	8	MEET AND CONFER STATEMENT. (Owens, Cindy) (Entered: 09/05/2008)
2008-09-05		MINUTE ORDER: Upon consideration of 8 the joint proposed briefing schedule, it is hereby ORDERED as follows: defendant's partial dispositive motion shall be filed by not later than October 10, 2008; plaintiff's opposition and cross-motion for summary judgment shall be filed by not later than November 7, 2008; defendant's opposition and reply shall be filed by not later than November 21, 2008; and plaintiff's reply shall be filed by not later than December 9, 2008. Signed by Judge John D. Bates on 9/5/2008. (lcjdb2) (Entered: 09/05/2008)
2008-09-05		Set/Reset Deadlines: Partial Dispositive Motion due by 10/10/2008. Response and Cross-motion due by 11/7/2008. Reply and Opposition due by 11/21/2008. Reply due by 12/9/2008. (lcjdb2) (Entered: 09/05/2008)
2008-09-25	9	Unopposed MOTION for Extension of Time to by DEPARTMENT OF HOMELAND SECURITY (Owens, Cindy) (Entered: 09/25/2008)
2008-09-25	10	ORDER granting 9 defendant's motion for extension of time. See order for details. Signed by Judge John D. Bates on 09/25/2008. (lcjdb2). (Entered: 09/25/2008)
2008-09-25		Set/Reset Deadlines: Status Report due by 10/15/2008. (lcjdb2). (Entered: 09/25/2008)
2008-09-25		ENTERED IN ERROR...MINUTE ORDER: Upon consideration of 226 plaintiff's motion to correct 206 judgment against Michael Persons, and the entire record herein, it is hereby ORDERED that, pursuant to Fed. R. Civ. P. 60(a), the Clerk of this Court shall correct the existing judgment 206 ; it is further ORDERED that judgment shall be entered against Defendant Michael Persons and Defendant Night and Day Management LLC. SO ORDERED. Signed by Judge John D. Bates on 09/25/2008. (lcjdb2). Modified on 9/26/2008 (tb, ). (Entered: 09/25/2008)
2008-09-26		NOTICE OF CORRECTED DOCKET ENTRY: MINUTE ORDER of 09/25/08 was entered in error and counsel is instructed to disregard this order. (tb, ) (Entered: 09/26/2008)
2008-10-10	11	Consent MOTION for Extension of Time to file Defendant's partial dispositive motion by DEPARTMENT OF HOMELAND SECURITY (Owens, Cindy) (Entered: 10/10/2008)
2008-10-10		MINUTE ORDER: Upon consideration of 11 Consent Motion for Extension of Time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that the briefing schedule shall proceed as follows: defendant will file its partial dispositive motion addressing only the first part of the request by October 17, 2008, plaintiff will file its opposition and cross-motion for summary judgment by November 14, 2008, defendant will file its opposition and reply by December 1, 2008, and plaintiff will file its reply by December 15, 2008. SO ORDERED. Signed by Judge John D. Bates on 10/10/2008. (lcjdb2). (Entered: 10/10/2008)
2008-10-10		Set/Reset Deadlines: Defendant's Partial Dispositive Motion due by 10/17/2008. Plaintiff's Response to Dispositive Motions due by 11/14/2008. Defendant's Opposition and Reply to Dispositive Motions due by 12/1/2008. Plaintiff's Reply due by 12/15/2008. (lcjdb2). (Entered: 10/10/2008)
2008-10-15	12	NOTICE OF SUBSTITUTION OF COUNSEL by John G. Interrante on behalf of DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Cindy S. Owens (Interrante, John) (Entered: 10/15/2008)
2008-10-15	13	Consent MOTION for Extension of Time to File Status Report by DEPARTMENT OF HOMELAND SECURITY (Interrante, John) (Entered: 10/15/2008)
2008-10-17	14	Consent MOTION for Extension of Time to file Partial Motion for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 10/17/2008)
2008-10-20	15	ORDER granting 13 Consent Motion for Extension of Time to File Status report and granting 14 Consent Motion for Extension of Time to File Partial Motion for Summary Judgment. See order for details. Signed by Judge John D. Bates on 10/20/2008. (lcjdb2). (Entered: 10/20/2008)
2008-10-20		Set/Reset Deadlines: Status Report due by 10/30/2008. Defendant's Partial Dispositive Motions due by 11/17/2008. Plaintiff's Response to Dispositive Motions due by 12/15/2008. Defendant's Opposition and Reply to Dispositive Motions due by 1/15/2009. Plaintiff's Reply due by 1/30/2009. (lcjdb2). (Entered: 10/20/2008)
2008-10-30	16	STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Interrante, John) (Entered: 10/30/2008)
2008-10-30	17	Motion for Disclosure Schedule by DEPARTMENT OF HOMELAND SECURITY (Interrante, John) Modified on 10/31/2008 to enhance docket text (tr). (Entered: 10/30/2008)
2008-10-31		MINUTE ORDER: It is hereby ORDERED that Plaintiff shall file a response to 17 Defendant's Motion for Disclosure Schedule by November 6, 2008. SO ORDERED. Signed by Judge John D. Bates on 10/31/2008. (lcjdb2). (Entered: 10/31/2008)
2008-10-31		Set/Reset Deadlines: Plaintiff's Response due by 11/6/2008. (lcjdb2). (Entered: 10/31/2008)
2008-11-06	18	Memorandum in opposition to re 17 Motion for Disclosure Schedule filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit A)(Sobel, David) (Entered: 11/06/2008)
2008-11-11	19	ORDER denying 17 Defendant's Motion for Disclosure Schedule. See order for details. Signed by Judge John D. Bates on 11/11/2008. (lcjdb2). (Entered: 11/11/2008)
2008-11-11		Set/Reset Deadlines: Joint Status Report due by 11/21/2008. (lcjdb2). (Entered: 11/11/2008)
2008-11-17	20	Consent MOTION for Extension of Time to file Partial Motion for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 11/17/2008)
2008-11-18		MINUTE ORDER: Upon consideration of 20 defendant's consent motion for extension of time to file motion for partial summary judgment, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that the briefing schedule shall proceed as follows: defendant shall file its motion for partial summary judgment addressing only the first part of plaintiff's FOIA request by December 3, 2008, plaintiff shall file its opposition and cross-motion for summary judgment by January 5, 2009, defendant shall file its opposition and reply by January 26, 2009, and plaintiff shall file its reply by February 9, 2009. SO ORDERED. Signed by Judge John D. Bates on 11/18/2008. (lcjdb2). (Entered: 11/18/2008)
2008-11-18		Set/Reset Deadlines: Defendant's Motion for Partial Summary Judgment due by 12/3/2008. Plaintiff's Response and Cross-Motion due by 1/5/2009. Defendant's Opposition and Reply due by 1/26/2009. Plaintiff's Reply due by 2/9/2009. (lcjdb2). (Entered: 11/18/2008)
2008-11-21	21	STATUS REPORT and Proposed Disclosure Schedule (Joint) by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Affidavit Declaration of Sonia Yadav, # 2 Text of Proposed Order)(Acosta, Lanny) (Entered: 11/21/2008)
2008-11-24	22	ORDER setting disclosure schedule relating to the search for and processing of emails responsive to the second part of plaintiff's FOIA request. See order for details. Signed by Judge John D. Bates on 11/24/2008. (lcjdb2) (Entered: 11/24/2008)
2008-11-24		Set/Reset Deadlines: Defendant's Status Report due by 12/12/2008. Disclosure of non-exempt portions of responsive emails commenced by 2/20/2009. Disclosure of non-exempt portions of responsive emails completed by 12/20/2009. (lcjdb2) (Entered: 11/24/2008)
2008-12-03	23	MOTION for Summary Judgment in Part by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Statement of Facts, # 2 Affidavit Declaration of Mark Hanson, pt. 1, # 3 Affidavit Declaration of Mark Hanson, pt. 2, # 4 Affidavit Declaration of Mark Hanson, pt. 3, # 5 Affidavit Declaration of Mark Hanson, pt. 4, # 6 Text of Proposed Order)(Interrante, John) (Entered: 12/03/2008)
2008-12-12	24	STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A - Supplemental Declaration of Sonia Yadav)(Interrante, John) (Entered: 12/12/2008)
2009-01-05	25	Memorandum in opposition to re 23 MOTION for Summary Judgment in Part filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit A, # 2 Statement of Facts -- Response)(Sobel, David) (Entered: 01/05/2009)
2009-01-05	26	Cross MOTION for Partial Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Exhibit A, # 2 Statement of Facts)(Sobel, David) (Entered: 01/05/2009)
2009-01-26	27	MOTION for Extension of Time to File Response/Reply as to 26 Cross MOTION for Partial Summary Judgment, 23 MOTION for Summary Judgment in Part by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 01/26/2009)
2009-01-27		MINUTE ORDER: Upon consideration of 27 Defendant's Motion for Extension of Time to File Response/Reply, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that the briefing schedule shall proceed as follows: defendant's opposition to 26 plaintiff's cross-motion for summary judgment and its reply to 25 plaintiff's opposition to defendant's motion for summary judgment are due by not later than February 17, 2009, and plaintiff's reply is due by not later than March 3, 2009. SO ORDERED. Signed by Judge John D. Bates on 1/27/2009. (lcjdb2) (Entered: 01/27/2009)
2009-01-27		Set/Reset Deadlines: Defendant's Response and Reply due by 2/17/2009. Plaintiff's Reply due by 3/3/2009. (lcjdb2) (Entered: 01/27/2009)
2009-02-17	28	Consent MOTION for Extension of Time to File Response/Reply as to 26 Cross MOTION for Partial Summary Judgment, 23 MOTION for Summary Judgment in Part by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 02/17/2009)
2009-02-17		MINUTE ORDER: Upon consideration of 28 Defendant's Consent Motion for Extension of Time to File Response/Reply, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that the briefing schedule shall proceed as follows: defendant's opposition and reply are due by not later than February 20, 2009, and plaintiff's reply is due by not later than March 6, 2009. SO ORDERED. Signed by Judge John D. Bates on 2/17/2009. (lcjdb2) (Entered: 02/17/2009)
2009-02-17		Set/Reset Deadlines: Defendant's Opposition and Reply due by 2/20/2009. Plaintiff's Reply due by 3/6/2009. (lcjdb2) (Entered: 02/17/2009)
2009-02-20	29	REPLY to opposition to motion re 26 Cross MOTION for Partial Summary Judgment, 23 MOTION for Summary Judgment in Part filed by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Statement of Facts Def's Response to Plaintiff's Statement of Material Facts Not in Genuine Dispute, # 2 Supplement Amended Vaughn Index (Document 27))(Interrante, John) (Entered: 02/20/2009)
2009-02-20	30	Memorandum in opposition to re 26 Cross MOTION for Partial Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY. (tr)(See Docket Entry 29 to view document) (Entered: 02/23/2009)
2009-03-05	31	REPLY to opposition to motion re 26 Cross MOTION for Partial Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Sobel, David) (Entered: 03/05/2009)
2009-07-29	32	ORDER for defendant to submit specified unredacted documents to the Court under seal for in camera review by not later than August 7, 2009. See Order for details. Signed by Judge John D. Bates on 7/29/2009. (lcjdb2) (Entered: 07/29/2009)
2009-07-29		Set/Reset Deadlines: Defendant's In-Camera Submission due by 8/7/2009. (lcjdb2) (Entered: 07/29/2009)
2009-08-07	33	NOTICE Of Filing Of Unredacted Documents Under Seal Pursuant To Court's July 29, 2009 Order by DEPARTMENT OF HOMELAND SECURITY re 32 Order (Attachments: # 1 July 29, 2009 Court Order)(Interrante, John) (Entered: 08/07/2009)
2009-08-07	34	SEALED DOCUMENT filed by DEPARTMENT OF HOMELAND SECURITY. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration, # 2 Doc 1, # 3 Doc 10, # 4 Doc 11, # 5 Doc 12, # 6 Doc 13, # 7 Doc 14, # 8 Doc 15, # 9 Doc 16, # 10 Doc 17, # 11 Doc 18, # 12 Doc 19, # 13 Doc 20, # 14 Doc 21, # 15 Doc 22, # 16 Doc 23, # 17 Doc 24, # 18 Doc 25, # 19 Doc 27, # 20 Doc 28, # 21 Doc 31, # 22 Index)(ztr) (Entered: 08/10/2009)
2009-09-01	35	MEMORANDUM OPINION. Signed by Judge John D. Bates on 9/1/2009. (lcjdb2) (Entered: 09/01/2009)
2009-09-01	36	ORDER granting in part and denying in part 23 26 the parties' cross-motions for partial summary judgment with respect to the first part of plaintiff's FOIA request. Defendant must file supplemental Vaughn submission, and memorandum, by not later than October 2, 2009. Plaintiff's responsive memorandum, if any, is due by not later than October 16, 2009. See Order for details. Signed by Judge John D. Bates on 9/1/2009. (lcjdb2) (Entered: 09/01/2009)
2009-09-01		Set/Reset Deadlines: Defendant's Supplemental Vaughn Submission and Memorandum due by 10/2/2009. Plaintiff's Responsive Memorandum due by 10/16/2009.(lcjdb2) (Entered: 09/01/2009)
2009-10-02	37	Consent MOTION to Stay September 1, 2009 Order for 30 days by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 10/02/2009)
2009-10-05		MINUTE ORDER: Upon consideration of 37 defendant's consent motion for a 30-day stay of the Court's September 1, 2009 Order, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that the deadlines in this case shall be stayed for thirty (30) days. Defendant's supplemental Vaughn submission and memorandum in support shall be filed by not later than November 2, 2009; plaintiff's responsive memorandum, if any, shall be filed by not later than November 16, 2009. SO ORDERED. Signed by Judge John D. Bates on 10/5/2009. (lcjdb2) (Entered: 10/05/2009)
2009-11-02	38	NOTICE OF APPEAL as to 36 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, 35 Memorandum & Opinion by DEPARTMENT OF HOMELAND SECURITY. Fee Status: No Fee Paid. Parties have been notified. (Interrante, John) (Entered: 11/02/2009)
2009-11-02	39	MOTION to Stay re 36 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, 35 Memorandum & Opinion by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Interrante, John) (Entered: 11/02/2009)
2009-11-03	40	Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the fee was an Appeal by the Government See attached notice of appeal and order re 38 Notice of Appeal. (tr) (Entered: 11/03/2009)
2009-11-05	41	Memorandum in opposition to re 39 MOTION to Stay re 36 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, 35 Memorandum & Opinion MOTION to Stay re 36 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, 35 Memorandum & Opinion filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit A - Sobel Declaration)(Sobel, David) (Entered: 11/05/2009)
2009-11-05		USCA Case Number 09-5382 for 38 Notice of Appeal filed by DEPARTMENT OF HOMELAND SECURITY. (znmw, ) (Entered: 11/05/2009)
2009-11-05	42	ORDER granting in part and denying in part 39 defendant's motion to stay the Court's September 1, 2009 Order pending appeal. See text of Order for details. Signed by Judge John D. Bates on 11/5/2009. (lcjdb2) (Entered: 11/05/2009)
2009-11-16		Set/Reset Deadlines: Proposed briefing schedule due by December 14, 2009.(lcjdb1) Modified on 11/17/2009 (zlin, ).ENTERED IN ERROR TO INCORRECT CASE (Entered: 11/16/2009)
2009-11-17	43	NOTICE of Change of Address by David L. Sobel (Sobel, David) (Entered: 11/17/2009)
2009-11-27	44	NOTICE of Compliance with Court Orders and Status Report as to Appeal by DEPARTMENT OF HOMELAND SECURITY re 42 Order on Motion to Stay, Set/Reset Deadlines, 36 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, (Attachments: # 1 Exhibit A - Disclosure letter)(Interrante, John) (Entered: 11/27/2009)
2009-12-04	45	ORDER of USCA as to 38 Notice of Appeal filed by DEPARTMENT OF HOMELAND SECURITY ; USCA Case Number 09-5382. Upon consideration of appellants motion to dismiss appeal, it is ORDERED that the motion be granted, and this case is hereby dismissed. The Clerk is directed to transmit forthwith to the United States District Court for the District of Columbia a certified copy of this order in lieu of formal mandate. (kb) (Entered: 12/04/2009)
2009-12-07	46	MOTION for Order Setting a Status Conference Concerning Attorney's Fees, and for an Extension of Time to File Motion for an Award of Attorney's Fees by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 12/07/2009)
2009-12-07	47	ORDER granting 46 plaintiff's motion for a status conference concerning attorney's fees and for an extension of time. See text of Order for details. Signed by Judge John D. Bates on 12/7/2009. (lcjdb2) (Entered: 12/07/2009)
2009-12-18		Minute Entry Status Conference held on 12/18/2009 before Judge John D. Bates: Order forthcoming. (Court Reporter Bryan Wayne.) (ad, ) (Entered: 12/18/2009)
2009-12-18	48	ORDER regarding scheduling matters. See text of Order for details. Signed by Judge John D. Bates on 12/18/2009. (lcjdb2) (Entered: 12/18/2009)
2009-12-18		Set/Reset Deadlines/Hearings: Petition for attorney's fees due by 1/29/2010. Opposition thereto due by 3/1/2010. Reply in support of petition due by 3/16/2010. Status Report due by 1/15/2010. Status Conference set for 6/1/2010 09:00 AM in Courtroom 8 before Judge John D. Bates. (lcjdb2) (Entered: 12/18/2009)
2010-01-15	49	STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Interrante, John) (Entered: 01/15/2010)
2010-01-29	50	MOTION for Attorney Fees and Costs by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - Laffey Matrix, # 3 Declaration of David L. Sobel, # 4 Declaration of Anne L. Weismann, # 5 Declaration of Melanie Sloan, # 6 Text of Proposed Order)(Sobel, David) (Entered: 01/29/2010)
2010-03-01	51	MOTION for Extension of Time to File Response/Reply as to 50 MOTION for Attorney Fees and Costs by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Interrante, John) (Entered: 03/01/2010)
2010-03-01		MINUTE ORDER: Upon consideration of 51 defendant's motion for an extension of time to oppose plaintiff's motion for attorneys' fees, and the entire record herein, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that defendant shall file its opposition to plaintiff's motion by not later than March 8, 2010. SO ORDERED. Signed by Judge John D. Bates on 3/1/2010. (lcjdb2) (Entered: 03/01/2010)
2010-03-08	52	Memorandum in opposition to re 50 MOTION for Attorney Fees and Costs filed by DEPARTMENT OF HOMELAND SECURITY. (Interrante, John) (Entered: 03/08/2010)
2010-03-15	53	REPLY to opposition to motion re 50 MOTION for Attorney Fees and Costs filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Affidavit of David L. Sobel (supplementary), # 2 Affidavit of Anne L. Weismann (supplementary))(Sobel, David) (Entered: 03/15/2010)
2010-04-21	54	MEMORANDUM OPINION and ORDER granting in part and denying in part 50 plaintiff's motion for attorneys' fees and costs. See text of Memorandum Opinion and Order for details. Signed by Judge John D. Bates on 4/21/2010. (lcjdb2) (Entered: 04/21/2010)
2010-06-01	55	SCHEDULING ORDER. See Order for details. Signed by Judge John D. Bates on 6/1/2010. (lcjdb2) (Entered: 06/01/2010)
2010-06-01		Minute Entry Status Conference held on 6/1/2010 before Judge John D. Bates: SEE SCHEDULING ORDER PREVIOUSLY ENTERED. (Court Reporter Bryan Wayne) (tb, ) (Entered: 06/02/2010)
2010-06-21	56	NOTICE OF APPEAL as to 54 Order on Motion for Attorney Fees by DEPARTMENT OF HOMELAND SECURITY. Fee Status: No Fee Paid. Parties have been notified. (Interrante, John) (Entered: 06/21/2010)
2010-06-22	57	Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the fee was an Appeal by the Government re 56 Notice of Appeal. (dr) (Entered: 06/22/2010)
2010-06-24		USCA Case Number 10-5211 for 56 Notice of Appeal filed by DEPARTMENT OF HOMELAND SECURITY. (rdj) (Entered: 06/24/2010)
2010-08-24	58	ORDER of USCA (certified copy) as to 56 Notice of Appeal filed by DEPARTMENT OF HOMELAND SECURITY ; USCA Case Number 10-5211. Upon consideration of appellant's motion to dismiss the appeal, it is ORDERED that the motion be granted, and this case is hereby dismissed. The Clerk is directed to transmit forthwith to the United States District Court for the District of Columbia a certified copy of this order in lieu of formal mandate. (kb) (Entered: 08/24/2010)
2010-10-08	59	ORDER for defendant to submit status report to the Court by December 1, 2010. Status conference set for December 15, 2010 at 9:00 a.m. in Courtroom 8 before Judge John D. Bates. See text of ORDER for details. Signed by Judge John D. Bates on 10/8/2010. (lcjdb2) (Entered: 10/08/2010)
2010-10-08		Minute Entry: Status Conference held on 10/8/2010 before Judge John D. Bates: See Scheduling Order previously entered. (Court Reporter Bryan Wayne) (tb, ) (Entered: 10/08/2010)
2010-12-01	60	STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (rdj) (Entered: 12/03/2010)
2010-12-06	61	STIPULATION of Settlement of Part I Litigation by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit Hourly breakdown)(Interrante, John) (Entered: 12/06/2010)
2010-12-07	62	STIPULATION OF SETTLEMENT OF PART I LITIGATION filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, DEPARTMENT OF HOMELAND SECURITY. Signed by Judge John D. Bates. (tb, ) (Entered: 12/07/2010)
2010-12-14		MINUTE ORDER: Upon consideration of 60 defendant's status report, plaintiff's consent, and the entire record herein, it is hereby ORDERED that the December 15, 2010 status conference is RESCHEDULED for January 11, 2011 at 9:00 a.m. in Courtroom 8. Signed by Judge John D. Bates on 12/14/2010. (lcjdb2) (Entered: 12/14/2010)
2010-12-14		Set/Reset Hearings: Status Conference set for 1/11/2011 09:00 AM in Courtroom 8 before Judge John D. Bates. (lcjdb2) (Entered: 12/14/2010)
2011-01-11		Minute Entry: Status Conference held on 1/11/2011 before Judge John D. Bates: Status Report to be filed by parties. (Court Reporter Bryan Wayne) (tb, ) (Entered: 01/11/2011)
2011-01-13		MINUTE ORDER: Upon consideration of the status hearing held on January 11, 2011, and the entire record herein, it is hereby ORDERED that the parties shall have 45 days to confer regarding any outstanding production and asserted exemptions; and it is further ORDERED that the parties shall file a joint status report with the Court by not later than April 7, 2011. SO ORDERED. Signed by Judge John D. Bates on 1/13/2011. (lcjdb2) (Entered: 01/13/2011)
2011-01-20		Set/Reset Deadlines: Joint Status Report due by 4/7/2011. (tb, ) (Entered: 01/20/2011)
2011-02-25	63	STIPULATION of Dismissal (Joint) by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, DEPARTMENT OF HOMELAND SECURITY. (Interrante, John) (Entered: 02/25/2011)
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