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Case TitleFEDERATION FOR AMERICAN IMMIGRATION REFORM ("FAIR") v. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00715
Date Filed2016-04-15
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffFEDERATION FOR AMERICAN IMMIGRATION REFORM ("FAIR")
Case DescriptionThe Federation for American Immigration Reform submitted several FOIA requests to the Department of State concerning the number of applicants for various asylum programs for Central American countries. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, the Federation filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantDEPARTMENT OF STATE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-04-151COMPLAINT against DEPARTMENT OF STATE (Filing Fee $400 receipt number 0090-4487493) filed by FEDERATION FOR AMERICAN IMMIGRATION REFORM ("FAIR"). (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Axelrod, Julie) Modified on 4/15/2016 (jd). (Entered: 04/15/2016)
2016-04-152LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FEDERATION FOR AMERICAN IMMIGRATION REFORM ("FAIR") (Axelrod, Julie) (Entered: 04/15/2016)
2016-04-15Case Assigned to Judge Amit P. Mehta. (jd) (Entered: 04/15/2016)
2016-04-153SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Forms)(jd) (Entered: 04/15/2016)
2016-04-254RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF STATE served on 4/22/2016 (Axelrod, Julie) (Entered: 04/25/2016)
2016-04-255RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/25/2016. (Axelrod, Julie) (Entered: 04/25/2016)
2016-04-256RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/22/2016. Answer due for ALL FEDERAL DEFENDANTS by 5/22/2016. (Axelrod, Julie) (Entered: 04/25/2016)
2016-05-207Consent MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 05/20/2016)
2016-05-23MINUTE ORDER granting 7 Defendant's Consent Motion for Extension of Time in Which to File its Answer. Defendant's Answer shall be due on or before June 13, 2016. Signed by Judge Amit P. Mehta on 05/23/2016. (lcapm3) (Entered: 05/23/2016)
2016-05-23Set/Reset Deadlines/Hearings: Answer to Complaint due by 6/13/2016. (cdw) (Entered: 05/23/2016)
2016-06-138ANSWER to Complaint by DEPARTMENT OF STATE.(Kelly, Wynne) (Entered: 06/13/2016)
2016-06-139ORDER: Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before June 27, 2016. Please see the attached Order for additional details. Signed by Judge Amit P. Mehta on 06/13/2016. (lcapm3) (Entered: 06/13/2016)
2016-06-13Set/Reset Deadlines/Hearings: Joint Status Report due by 6/27/2016. (cdw) (Entered: 06/14/2016)
2016-06-2710Joint STATUS REPORT in Response to the Court's Order of June 13, 2016 by DEPARTMENT OF STATE. (Kelly, Wynne) (Entered: 06/27/2016)
2016-06-28MINUTE ORDER: In view of 10 the parties' Joint Status Report, Defendant Department of State shall produce responsive documents to Plaintiff on a rolling basis with productions made every 45 days starting on August 12, 2016. The parties shall submit a subsequent Joint Status Report updating the court on the status of Defendant's searches and productions no later than August 17, 2016. Signed by Judge Amit P. Mehta on 06/28/2016. (lcapm3) (Entered: 06/28/2016)
2016-06-28Set/Reset Deadlines/Hearings: Joint Status Report due by 8/17/2016. (cdw) (Entered: 06/29/2016)
2016-08-1711Joint STATUS REPORT by DEPARTMENT OF STATE. (Kelly, Wynne) (Entered: 08/17/2016)
2016-08-18MINUTE ORDER: In light of 11 the parties' Joint Status Report, the parties shall submit a subsequent Joint Status Report on or before October 3, 2016, advising the court of (1) the status of Defendant's searches and productions, and (2) whether a summary judgment briefing schedule will be needed and, if so, the parties shall propose a briefing schedule. Signed by Judge Amit P. Mehta on 08/18/2016. (lcapm3) (Entered: 08/18/2016)
2016-08-18Set/Reset Deadlines/Hearings: Joint Status Report due by 10/3/2016. (cdw) (Entered: 08/19/2016)
2016-10-0312Joint STATUS REPORT by DEPARTMENT OF STATE. (Kelly, Wynne) (Entered: 10/03/2016)
2016-10-04MINUTE ORDER: The parties' Joint Status Report of October 3, 2016, advises the court that Defendant State Department "has completed its searches and has provided [Plaintiff] FAIR with an estimate of the volume of potentially responsive documents" and that it produced some documents to Plaintiff on September 27, 2016. Furthermore, the parties request "the opportunity to meet and confer at the conclusion of the State Department's production." The Joint Status Report does not, however, disclose to the court important information, including: (1) the actual volume of potentially responsive documents resulting from the State Department's searches, (2) when State estimates that it will complete production of those documents, assuming a rolling production every 45 days, or (3) the volume of documents produced on September 27, 2016. Accordingly, no later than October 11, 2016, the parties shall file another Joint Status Report notifying the court about (1) the number of potentially responsive documents uncovered by the State Department's searches, (2) by when the State Department expects to complete production, assuming a rolling production every 45 days; and (3) the number of documents that the State Department expects to process every 45 days. Meanwhile, the State Department shall continue to make rolling productions every 45 days starting from September 27, 2016. Signed by Judge Amit P. Mehta on 10/04/2016. (lcapm3) (Entered: 10/04/2016)
2016-10-04Set/Reset Deadlines/Hearings: Joint Status Report due by 10/11/2016. (cdw) (Entered: 10/05/2016)
2016-10-1113Joint STATUS REPORT by DEPARTMENT OF STATE. (Kelly, Wynne) (Entered: 10/11/2016)
2016-10-12MINUTE ORDER setting a status hearing for October 19, 2016, at 2:00 p.m., in Courtroom 10. In the event counsel or a party is unable to appear on the scheduled date and time due to an unresolvable scheduling conflict, counsel shall meet and confer and provide, via email, two alternative dates and times to the Courtroom Deputy Clerk, Ms. Chashawn White (Chashawn_White@dcd.uscourts.gov), who shall reset the status hearing and provide notice to the parties. Signed by Judge Amit P. Mehta on 10/12/2016. (Entered: 10/12/2016)
2016-10-12Set/Reset Deadlines/Hearings: Status Conference set for 10/19/2016 at 2:00 PM in Courtroom 10 before Judge Amit P. Mehta. (cdw) (Entered: 10/13/2016)
2016-10-17Set/Reset Deadlines/Hearings: Status Conference reset for 10/26/2016 at 3:00 PM in Courtroom 10 before Judge Amit P. Mehta. (cdw) (Entered: 10/17/2016)
2016-10-24Set/Reset Deadlines/Hearings: Status Conference reset for 10/26/2016 at 11:30 AM in Courtroom 10 before Judge Amit P. Mehta. (cdw) (Entered: 10/24/2016)
2016-10-26MINUTE ORDER: The parties are directed to file a Joint Status Report on or before January 13, 2017, which reports on Defendant's progress in producing responsive material to Plaintiff's FOIA request. The deadline to complete production is September 21, 2017. Signed by Judge Amit P. Mehta on 10/26/2016. (lcapm3) (Entered: 10/26/2016)
2016-10-26Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held on 10/26/2016. (Court Reporter: Barbara DeVico) (cdw) (Entered: 10/27/2016)
2016-10-26Set/Reset Deadlines/Hearings: Joint Status Report due by 1/13/2017. (cdw) (Entered: 10/28/2016)
2017-01-1314Joint STATUS REPORT by DEPARTMENT OF STATE. (Kelly, Wynne) (Entered: 01/13/2017)
2017-01-17MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, the parties shall submit another Joint Status Report on or before April 17, 2017, addressing Defendant's progress in producing material responsive to Plaintiff's FOIA request. Signed by Judge Amit P. Mehta on 01/17/2017. (lcapm3) (Entered: 01/17/2017)
2017-04-1715Joint STATUS REPORT by DEPARTMENT OF STATE. (Kelly, Wynne) (Entered: 04/17/2017)
2017-04-19MINUTE ORDER. Upon consideration of 15 the parties' Joint Status Report, the parties shall submit another Joint Status Report on or before July 18, 2017, addressing Defendant's progress in producing material responsive to Plaintiff's FOIA request. Signed by Judge Amit P. Mehta on 04/19/2017. (lcapm3) (Entered: 04/19/2017)
2017-04-19Set/Reset Deadlines/Hearings: Joint Status Report due by 7/18/2017. (cdw) (Entered: 04/20/2017)
2017-05-0416NOTICE OF SUBSTITUTION OF COUNSEL by Marsha Wellknown Yee on behalf of DEPARTMENT OF STATE Substituting for attorney Wynne P. Kelly (Yee, Marsha) (Entered: 05/04/2017)
2017-07-1817Joint STATUS REPORT by DEPARTMENT OF STATE. (Yee, Marsha) (Entered: 07/18/2017)
2017-07-19MINUTE ORDER. Upon consideration of 17 the parties' Joint Status Report, the parties shall submit another Joint Status Report on or before September 29, 2017. The Status Report shall (1) update the court on the production of the requested information, (2) indicate whether Plaintiff intends to challenge any withheld material or the scope of the agency's search, and (3) if so, propose a summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 07/19/2017. (Entered: 07/19/2017)
2017-07-19Set/Reset Deadlines/Hearings: Joint Status Report due by 9/29/2017. (cdw) (Entered: 07/20/2017)
2017-09-2918Joint STATUS REPORT by DEPARTMENT OF STATE. (Yee, Marsha) (Entered: 09/29/2017)
2017-09-29MINUTE ORDER. In light of 18 the parties' Joint Status Report, the parties shall submit another Joint Status Report on or before November 14, 2017. The Status Report shall (1) update the court on the production of the requested information, (2) indicate whether Plaintiff intends to challenge any withheld material or the scope of the agency's search, and (3) if so, propose a summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 09/29/2017. (Entered: 09/29/2017)
2017-09-29Set/Reset Deadlines/Hearings: Joint Status Report due by 11/14/2017. (cdw) (Entered: 10/02/2017)
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by FOIA Project Staff