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Case TitleAMERICAN IMMIGRATION COUNCIL v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv01050
Date Filed2016-06-06
Date ClosedOpen
JudgeJudge Richard J. Leon
PlaintiffAMERICAN IMMIGRATION COUNCIL
Case DescriptionThe American Immigration Council submitted a FOIA request to the Department of Homeland Security for records concerning complaints filed against Customs and Border Protection agents since 2012. After hearing nothing from the agency, the American Immigration Council filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search, Failure to respond within statutory time limit, Public Interest Fee Waiver

DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY Office of General Counsel
DefendantUNITED STATES CUSTOMS AND BORDER PROTECTION Office of the Chief Counsel
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
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-06-061COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4555644) filed by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Civil Cover Sheet, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons)(Coleman, Brian) (Entered: 06/06/2016)
2016-06-062LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN IMMIGRATION COUNCIL (Coleman, Brian) (Entered: 06/06/2016)
2016-06-06Case Assigned to Judge Richard J. Leon. (md) (Entered: 06/07/2016)
2016-06-073SUMMONS Issued Electronically as to UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 06/07/2016)
2016-06-244NOTICE of Appearance by Tammy Allison Holloway on behalf of All Defendants (Holloway, Tammy) (Entered: 06/24/2016)
2016-06-305Unopposed MOTION for Extension of Time to by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 06/30/2016)
2016-07-01MINUTE ORDER granting 5 Defendants' Unopposed Motion for Enlargement of Time. It is hereby ORDERED that the motion is GRANTED. It is further ORDERED that defendants have up to and including August 14, 2016 to answer or otherwise respond to plaintiff's complaint. Signed by Judge Richard J. Leon on 07/01/2016. (lcrjl1, ) (Entered: 07/01/2016)
2016-07-06Set/Reset Deadlines: Answer due by 8/14/2016. (tb) (Entered: 07/06/2016)
2016-08-096Defendants' ANSWER to Complaint by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Holloway, Tammy) (Entered: 08/09/2016)
2016-08-157STANDING ORDER. Signed by Judge Richard J. Leon on 08/15/16. (lcrjl1, ) (Entered: 08/15/2016)
2016-09-288MEET AND CONFER STATEMENT. (Holloway, Tammy) (Entered: 09/28/2016)
2016-11-099Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Holloway, Tammy) (Entered: 11/09/2016)
2016-12-0910Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Holloway, Tammy) (Entered: 12/09/2016)
2017-01-0911Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Holloway, Tammy) (Entered: 01/09/2017)
2017-01-1912NOTICE of Change of Address by Gerald S. Hartman (Hartman, Gerald) (Entered: 01/19/2017)
2017-02-0913Joint STATUS REPORT. (Starnes, Thomas) Modified event title on 2/10/2017 (znmw). (Entered: 02/09/2017)
2017-06-1914NOTICE OF SUBSTITUTION OF COUNSEL by Johnny Hillary Walker, III on behalf of All Defendants Substituting for attorney Tammy Holloway (Walker, Johnny) (Entered: 06/19/2017)
2017-07-0715Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Starnes, Thomas) (Entered: 07/07/2017)
2017-07-10MINUTE ORDER: Upon consideration of the parties' Joint Status Report 15 , it is hereby ORDERED that the parties shall file a joint status report on or before 08/07/17. Signed by Judge Richard J. Leon on 07/10/17. (lcrjl1) (Entered: 07/10/2017)
2017-08-0716Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Walker, Johnny) (Entered: 08/07/2017)
2017-08-09MINUTE ORDER. Upon consideration of the parties' Joint Status Report 16 , it is hereby ORDERED that the parties shall file a joint status report on or before September 6, 2017. Signed by Judge Richard J. Leon on 08/09/2017. (lcrjl1) (Entered: 08/09/2017)
2017-09-0617Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Walker, Johnny) (Entered: 09/06/2017)
2017-09-08MINUTE ORDER. Upon consideration of the parties' Joint Status Report 17 , it is hereby ORDERED that the parties shall file a joint status report on or before October 6, 2017. Signed by Judge Richard J. Leon on 09/08/2017. (lcrjl1) (Entered: 09/08/2017)
2017-10-0618Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Walker, Johnny) (Entered: 10/06/2017)
2017-10-12MINUTE ORDER. Upon consideration of the parties' Joint Status Report 18 , it is hereby ORDERED that the parties shall file a joint status report on or before November 6, 2017. Signed by Judge Richard J. Leon on 10/12/2017. (lcrjl1) (Entered: 10/12/2017)
2017-11-0619Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Walker, Johnny) (Entered: 11/06/2017)
2017-11-08MINUTE ORDER. Upon consideration of the parties' Joint Status Report 19 , it is hereby ORDERED that the parties shall file a joint status report on or before December 6, 2017. Signed by Judge Richard J. Leon on 11/8/2017. (lcrjl1) (Entered: 11/08/2017)
2017-12-0620Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Walker, Johnny) (Entered: 12/06/2017)
2017-12-19MINUTE ORDER. Upon consideration of the parties' Joint Status Report 20 , it is hereby ORDERED that the parties shall file a joint status report on or before February 5, 2018. SO ORDERED. Signed by Judge Richard J. Leon on 12/19/2017. (lcrjl1) (Entered: 12/19/2017)
2018-02-0521Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Starnes, Thomas) (Entered: 02/05/2018)
2018-02-12MINUTE ORDER. Upon consideration of the parties' Joint Status Report 21 , it is hereby ORDERED that the parties shall file a joint status report on or before March 7, 2018. SO ORDERED. Signed by Judge Richard J. Leon on 2/12/2018. (lcrjl1) (Entered: 02/12/2018)
2018-02-12Set/Reset Deadlines: Joint Status Report due by 3/7/2018. (tb) (Entered: 02/12/2018)
2018-03-0722Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Starnes, Thomas) (Entered: 03/07/2018)
2018-03-12MINUTE ORDER. Upon consideration of the parties' Joint Status Report 22 , it is hereby ORDERED that the parties shall file a joint status report on or before April 6, 2018. SO ORDERED. Signed by Judge Richard J. Leon on 3/12/2018. (lcrjl1) (Entered: 03/12/2018)
2018-03-12Set/Reset Deadlines: Joint Status Report due by 4/6/2018. (jth) (Entered: 03/12/2018)
2018-04-0623Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Starnes, Thomas) (Entered: 04/06/2018)
2018-04-13MINUTE ORDER. Upon consideration of the parties' Joint Status Report 23 , it is hereby ORDERED that the parties shall file a joint status report on or before May 7, 2018. SO ORDERED. Signed by Judge Richard J. Leon on 4/13/2018. (lcrjl1) (Entered: 04/13/2018)
2018-05-0724Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Starnes, Thomas) (Entered: 05/07/2018)
2018-05-16MINUTE ORDER. Upon consideration of the parties' Joint Status Report 24 , it is hereby ORDERED that the parties shall file a joint status report on or before June 7, 2018. SO ORDERED. Signed by Judge Richard J. Leon on 5/16/2018. (lcrjl1) (Entered: 05/16/2018)
2018-06-0725Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Starnes, Thomas) (Entered: 06/07/2018)
2018-06-19MINUTE ORDER. Upon consideration of the parties' Joint Status Report 25 , it is hereby ORDERED that the parties shall file a joint status report on or before July 9, 2018. SO ORDERED. Signed by Judge Richard J. Leon on 6/19/2018. (lcrjl1) (Entered: 06/19/2018)
2018-07-0926Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 07/09/2018)
2018-07-11MINUTE ORDER. Upon consideration of the parties' Joint Status Report 26 , it is hereby ORDERED that the parties shall file a joint status report on or before August 8, 2018. It is further ORDERED that the status report due August 8, 2018 shall either inform the Court that the parties have reached an agreement on the issue of fees and costs or propose a schedule for briefing the issue of fees and costs. SO ORDERED. Signed by Judge Richard J. Leon on 7/11/2018. (lcrjl1) (Entered: 07/11/2018)
2018-08-0827Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Text of Proposed Order)(Starnes, Thomas) (Entered: 08/08/2018)
2018-08-20ENTERED IN ERROR.....Minute Order. Upon consideration of the parties' 27 Joint Status Report, it is hereby ORDERED that plaintiff shall file its motion for an award of fees and costs no later than 9/14/2018; defendants shall file any opposition to plaintiff's motion no later than 10/15/2018; and plaintiff shall file any reply no later than 10/30/2018. It is further ORDERED that between 10/31/2018 and 11/30/2018, the parties shall seek to resolve the issues raised in plaintiff's motion for fees and costs by mediation, using the services of a mediator selected by the parties. It is further ORDERED that the parties shall file a joint status report no later than 12/3/2018 informing the Court whether all outstanding issues regarding fees and costs have been resolved by agreement. SO ORDERED. Signed by Judge Richard J. Leon on 08/20/18. (lcrjl1) Modified on 8/23/2018 (jth). (Entered: 08/20/2018)
2018-08-23NOTICE OF CORRECTED DOCKET ENTRY: The Court's Minute Order issued 8/20/2018 was entered in error and will be refiled by the Court. (jth) (Entered: 08/23/2018)
2018-08-23MINUTE ORDER. Upon consideration of the parties' 27 Joint Status Report, it is hereby ORDERED that plaintiff shall file its motion for an award of fees and costs no later than 9/14/2018; defendants shall file any opposition to plaintiff's motion no later than 10/15/2018; and plaintiff shall file any reply no later than 10/30/2018. It is further ORDERED that between 10/31/2018 and 11/30/2018, the parties shall seek to resolve the issues raised in plaintiff's motion for fees and costs by mediation, using the services of a mediator selected by the parties. It is further ORDERED that the parties shall file a joint status report no later than 12/3/2018 informing the Court whether all outstanding issues regarding fees and costs have been resolved by agreement. SO ORDERED. Signed by Judge Richard J. Leon on 08/23/18. (lcrjl1) (Entered: 08/23/2018)
2018-09-1428MOTION for Attorney Fees and Costs by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit)(Starnes, Thomas) (Entered: 09/14/2018)
2018-10-1229Consent MOTION for Extension of Time to File Response/Reply as to 28 MOTION for Attorney Fees and Costs by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 10/12/2018)
2018-10-18MINUTE ORDER granting 29 Consent Motion for Extension of Time to Respond to Plaintiff's Motion for Attorneys' Fees. It is hereby ORDERED that the motion is GRANTED. It is further ORDERED that defendants shall file their opposition to plaintiff's motion for attorneys' fees no later than 11/14/2018 and that plaintiff shall file its reply no later than 12/6/2018. It is further ORDERED that the parties shall file a joint status report no later than 1/9/2019. SO ORDERED. Signed by Judge Richard J. Leon on 10/18/18. (lcrjl1) (Entered: 10/18/2018)
2018-10-19Set/Reset Deadlines: Response due by 11/14/2018. Reply due by 12/6/2019. Joint Status Report due by 1/9/2019 (tb) (Entered: 10/19/2018)
2018-11-1430Consent MOTION for Extension of Time to File Response/Reply as to 28 MOTION for Attorney Fees and Costs by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 11/14/2018)
2018-11-19MINUTE ORDER granting 30 Defendants' Consent Motion for an Extension of Time to Respond to Plaintiff's Motion for Attorneys' Fees. It is hereby ORDERED that the motion is GRANTED. It is further ORDERED that defendants shall file their opposition to plaintiff's motion for attorneys' fees no later than 11/19/18; plaintiff shall file its reply in support of the motion for attorneys' fees no later than 12/11/18; and the parties shall file a joint status report no later than 1/14/19. SO ORDERED. Signed by Judge Richard J. Leon on 11/19/18. (lcrjl1) (Entered: 11/19/2018)
2018-11-1931Memorandum in opposition to re 28 MOTION for Attorney Fees and Costs filed by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Declaration of Patrick Howard (with attachments))(Walker, Johnny) (Entered: 11/19/2018)
2018-11-20Set/Reset Deadlines: Response due by 11/19/2018. Reply due by 12/11/2018. Joint Status Report due by 1/14/2019. (tb) (Entered: 11/20/2018)
2018-12-0732Consent MOTION for Extension of Time to File Response/Reply by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Text of Proposed Order)(Starnes, Thomas) (Entered: 12/07/2018)
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