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Case TitleFIRST LOOK MEDIA WORKS, INC. v. DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv02165
Date Filed2016-10-28
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffFIRST LOOK MEDIA WORKS, INC.
Case DescriptionAli Winston, a reporter for First Look Media Works, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the ICEGangs database. Winston also asked for a fee waiver. The agency rejected the request as too broad and as not specifically identifying the records sought. Winston filed an administrative appeal, but after hearing nothing further from the agency, First Look Media Works filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantDEPARTMENT OF HOMELAND SECURITY
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

2016-10-281COMPLAINT against DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-4725792) filed by FIRST LOOK MEDIA WORKS, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons Department of Homeland Security, # 4 Summons USAO)(Light, Jeffrey) (Entered: 10/28/2016)
2016-10-282LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FIRST LOOK MEDIA WORKS, INC. (Light, Jeffrey) (Entered: 10/28/2016)
2016-10-31Case Assigned to Judge Colleen Kollar-Kotelly. (sb) (Entered: 10/31/2016)
2016-10-313SUMMONS (3) Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(sb) (Entered: 10/31/2016)
2016-11-014ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on November 1, 2016. (NS) (Entered: 11/01/2016)
2016-11-025RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/2/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 12/2/2016.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/2/2016. (Light, Jeffrey) (Entered: 11/02/2016)
2016-11-296NOTICE of Appearance by Alexander Daniel Shoaibi on behalf of DEPARTMENT OF HOMELAND SECURITY (Shoaibi, Alexander) (Entered: 11/29/2016)
2016-11-297Consent MOTION for Extension of Time to Respond to Complaint by DEPARTMENT OF HOMELAND SECURITY (Shoaibi, Alexander) (Entered: 11/29/2016)
2016-11-29MINUTE ORDER. The Court is in receipt of Defendant's 7 Consent Motion for Enlargement of Time to Respond to Complaint. Defendant represents that it needs additional time to obtain materials and prepare a response to the complaint. Plaintiff consents to this extension. The parties have also conferred and agreed to discuss narrowing the issues in this case informally. Accordingly, Defendant's Motion is GRANTED. Defendant shall respond to Plaintiff's complaint by no later than JANUARY 17, 2017. Signed by Judge Colleen Kollar-Kotelly on 11/29/2016. (lcckk3) (Entered: 11/29/2016)
2016-11-29Set/Reset Deadlines: Defendant shall respond to complaint by 1/17/2017. (dot) (Entered: 11/30/2016)
2017-01-178ANSWER to Complaint by DEPARTMENT OF HOMELAND SECURITY.(Shoaibi, Alexander) (Entered: 01/17/2017)
2017-01-179ORDER. Joint Status Report due FEBRUARY 1, 2017. Signed by Judge Colleen Kollar-Kotelly on 1/17/2017. (lcckk3) (Entered: 01/17/2017)
2017-01-17Set/Reset Deadlines: Joint Status Report due by 2/1/2017. (dot) (Entered: 01/24/2017)
2017-01-3110Consent MOTION for Extension of Time to File Joint Status Report by FIRST LOOK MEDIA WORKS, INC. (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 01/31/2017)
2017-02-01MINUTE ORDER. The Court is in receipt of Plaintiff's 10 Consent Motion for Extension of Time. Plaintiff represents that the parties need additional time to file their joint status report because they are attempting to reach an agreement about how to proceed in this case. Plaintiff requests a one week extension. This is the first request for an extension of this deadline. Defendant consents. Accordingly, Plaintiff's consent motion is GRANTED. The parties shall file their Joint Status Report by no later than FEBRUARY 8, 2017. However, for any future requests, the parties are directed to the Order Establishing Procedures in this case, which states that "[m]otions for extensions of time must be filed at least four (4) business days prior to the first affected deadline." ECF No. 4 at 3. Signed by Judge Colleen Kollar-Kotelly on 2/1/2017. (lcckk3) (Entered: 02/01/2017)
2017-02-01Set/Reset Deadlines: Joint Status Report due by 2/8/2017. (dot) (Entered: 02/01/2017)
2017-02-0811Joint STATUS REPORT by FIRST LOOK MEDIA WORKS, INC.. (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 02/08/2017)
2017-02-08MINUTE ORDER. The Court is in receipt of the parties' 11 Joint Status Report. The parties represent that Defendant tasked seven offices with conducting searches for records responsive to Plaintiff's FOIA request, and that these searches have been completed and have returned approximately 2,530 pages of potentially responsive material. The parties represent that Defendant will make rolling productions to Plaintiff as it reviews these materials, on or about the eighth of each month. Defendant has agreed to complete the release of all responsive, non-exempt materials by June 8, 2017. Accordingly, the Court ORDERS the parties to file a Joint Status Report on the status of these rolling productions by no later than MARCH 10, 2017. Signed by Judge Colleen Kollar-Kotelly on 2/8/2017. (lcckk3) (Entered: 02/08/2017)
2017-02-08Set/Reset Deadlines: Joint Status Report due by 3/10/2017. (dot) (Entered: 02/09/2017)
2017-03-14MINUTE ORDER. The parties were previously ordered to file a Joint Status Report on the status of Defendants' rolling productions in this case by no later than March 10, 2017. As of the date of this order, no such report has been filed on the docket. The parties are ORDERED to file their Joint Status Report by no later than CLOSE OF BUSINESS on MARCH 15, 2017, and to also in that filing explain why the report was not timely filed. Signed by Judge Colleen Kollar-Kotelly on 3/14/2017. (lcckk3) (Entered: 03/14/2017)
2017-03-1512Joint STATUS REPORT by FIRST LOOK MEDIA WORKS, INC.. (Light, Jeffrey) (Entered: 03/15/2017)
2017-03-15MINUTE ORDER. The Court is in receipt of the parties' 12 Joint Status Report. The parties represent that Defendant tasked seven offices with conducting searches for records responsive to Plaintiff's FOIA request, and that these searches have been completed and have returned 2,529 pages of potentially responsive material. The parties represent that Defendant will make rolling productions to Plaintiff as it reviews these materials, three of which have already occurred and the remaining two of which will occur on April 8, 2017 and May 8, 2017, respectively. The parties further represent that they will meet and confer after all productions have been made to determine whether further litigation is necessary and, if so, will file a proposed schedule for further proceedings. Accordingly, the Court ORDERS the parties to file a Joint Status Report by no later than JUNE 1, 2017, informing the Court whether further proceedings in this case will be required and, if so, proposing a schedule for such proceedings. Signed by Judge Colleen Kollar-Kotelly on 3/15/2017. (lcckk3) (Entered: 03/15/2017)
2017-03-15Set/Reset Deadlines: Joint Status Report due by 6/1/2017. (dot) (Entered: 03/16/2017)
2017-04-0613Consent MOTION to Modify Document Production Schedule by DEPARTMENT OF HOMELAND SECURITY (Shoaibi, Alexander) (Entered: 04/06/2017)
2017-04-06MINUTE ORDER. The Court is in receipt of the parties' 13 Consent Motion for Modification of Document Production Schedule. In the parties' last Joint Status Report, Defendant stated that it would make its final two productions of records to Plaintiff on April 8, 2017 and May 8, 2017. Defendant now represents that it will be unable to complete a production by April 8, 2017, but can still make its final production by May 8, 2017. Plaintiff's counsel consents to all remaining documents being produced on May 8, 2017. Accordingly, the Court ORDERS Defendant to make its next and final production of documents to Plaintiff in this matter on MAY 8, 2017. Signed by Judge Colleen Kollar-Kotelly on 4/6/2017. (lcckk3) (Entered: 04/06/2017)
2017-06-0114Joint STATUS REPORT by FIRST LOOK MEDIA WORKS, INC.. (Light, Jeffrey) (Entered: 06/01/2017)
2017-06-01MINUTE ORDER. The Court is in receipt of the parties' 14 Joint Status Report. The parties represent that Defendant has concluded its searches and productions and that the parties have met and conferred to discuss resolving several outstanding issues. The parties represent that they believe further discussions will be fruitful. Accordingly, the parties are ORDERED to file a further Joint Status Report by no later than JUNE 9, 2017, updating the Court on the progress in their negotiations and advising the Court whether further litigation will be necessary. Signed by Judge Colleen Kollar-Kotelly on 6/1/2017. (lcckk3) (Entered: 06/01/2017)
2017-06-01Set/Reset Deadlines: Joint Status Report due by 6/9/2017. (dot) (Entered: 06/05/2017)
2017-06-0915Joint STATUS REPORT by FIRST LOOK MEDIA WORKS, INC.. (Light, Jeffrey) (Entered: 06/09/2017)
2017-06-12MINUTE ORDER. The Court is in receipt of the parties' 15 Joint Status Report. The parties represent that since the last status report they have exchanged information and have attempted to resolve several outstanding issues, but still need additional time to resolve or narrow areas of disagreement. Accordingly, the parties are ORDERED to file a further Joint Status Report by no later than JULY 10, 2017, updating the Court on the progress in their negotiations and advising the Court whether further litigation will be necessary. Signed by Judge Colleen Kollar-Kotelly on 6/12/2017. (lcckk3) (Entered: 06/12/2017)
2017-06-12Set/Reset Deadlines: Joint Status Report due by 7/10/2017. (dot) (Entered: 06/13/2017)
2017-07-1116MOTION for Extension of Time to File Joint Status Report by FIRST LOOK MEDIA WORKS, INC. (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 07/11/2017)
2017-07-13MINUTE ORDER. The Court is in receipt of Plaintiff's 16 Motion for Extension of Time. The parties were previously ordered to file a Joint Status Report by no later than July 10, 2017, updating the Court on the progress in their negotiations and advising the Court whether further litigation will be necessary. Plaintiff now seeks an extension nunc pro tunc to file this report because counsel erroneously recorded the deadline. Plaintiff's motion is GRANTED. The parties are ORDERED to file their Joint Status Report by no later than JULY 17, 2017, updating the Court on the progress in their negotiations and advising the Court whether further litigation will be necessary. Signed by Judge Colleen Kollar-Kotelly on 7/13/2017. (lcckk3) (Entered: 07/13/2017)
2017-07-1717Joint STATUS REPORT by FIRST LOOK MEDIA WORKS, INC.. (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 07/17/2017)
2017-07-1818SCHEDULING AND PROCEDURES ORDER. Signed by Judge Colleen Kollar-Kotelly on 7/18/2017. (lcckk3) (Entered: 07/18/2017)
2017-07-18Set/Reset Deadlines: Plaintiff's Cross Motion and Rule 56(d) Motion due by 10/23/2017. Response to Cross Motion and Rule 56(d) Motion due by 12/18/2017. Reply to Cross Motion and Rule 56(d) Motion due by 1/4/2018. Defendant's Summary Judgment motion due by 9/18/2017. Response to Motion for Summary Judgment due by 10/23/2017. Reply to Motion for Summary Judgment due by 12/18/2017. (dot) (Entered: 07/20/2017)
2017-09-1519Consent MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY (Shoaibi, Alexander) (Entered: 09/15/2017)
2017-09-18Case directly reassigned to Judge Timothy J. Kelly. Judge Colleen Kollar-Kotelly is no longer assigned to the case. (ztnr) (Entered: 09/18/2017)
2017-09-2520MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Declaration, # 2 Exhibit 1 - Vaughn Index, # 3 Exhibit 2 - 5)(Shoaibi, Alexander) (Entered: 09/25/2017)
2017-10-17MINUTE ORDER granting Defendant's 19 Consent Motion for One Week Enlargement of Time to File Defendants Motion for Summary Judgment. It is hereby ORDERED, nunc pro tunc to 9/15/2017, that Defendant's Motion is GRANTED, and Defendant shall have up to and including September 25, 2017 to file a motion for summary judgment. Signed by Judge Timothy J. Kelly on 10/17/2017. (lctjk1) (Entered: 10/17/2017)
2017-10-2321MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Summary Judgment by FIRST LOOK MEDIA WORKS, INC. (Attachments: # 1 Text of Proposed Order)(Light, Jeffrey) (Entered: 10/23/2017)
2017-10-24MINUTE ORDER: It is hereby ORDERED that any opposition to Plaintiff's 21 Motion for Extension of Time shall be filed on or before October 25, 2017. Signed by Judge Timothy J. Kelly on 10/24/2017. (lctjk1) (Entered: 10/24/2017)
2017-10-27MINUTE ORDER granting Plaintiff's 21 Motion for Extension of Time. It is hereby ORDERED, nunc pro tunc to 10/23/2017 and for good cause shown, that Plaintiff shall file its response to Defendant's motion for summary judgment, cross motion for summary judgment, and Rule 56(d) motion by October 30, 2017. Signed by Judge Timothy J. Kelly on 10/27/2017. (lctjk1) (Entered: 10/27/2017)
2017-10-3022Memorandum in opposition to re 20 MOTION for Summary Judgment filed by FIRST LOOK MEDIA WORKS, INC.. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1-10, # 3 Exhibit 11-15, # 4 Statement of Facts, # 5 Text of Proposed Order)(Light, Jeffrey) (Entered: 10/30/2017)
2017-10-3023Cross MOTION for Summary Judgment by FIRST LOOK MEDIA WORKS, INC. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1-10, # 3 Exhibit 11-15, # 4 Statement of Facts, # 5 Text of Proposed Order)(Light, Jeffrey) (Entered: 10/30/2017)
2017-10-3024MOTION for Discovery by FIRST LOOK MEDIA WORKS, INC. (Attachments: # 1 Exhibit 1 - NARA records retention schedule for ICEGangs, # 2 Exhibit 2 - Memorandum discontinuing use of ICEGangs, # 3 Declaration Jeffrey Light, # 4 Text of Proposed Order)(Light, Jeffrey) (Entered: 10/30/2017)
2017-10-3025NOTICE OF FILING REDACTED DOCUMENT to 23 Cross MOTION for Summary Judgment , 22 Memorandum in Opposition, by FIRST LOOK MEDIA WORKS, INC. (The original PDF Document contained privacy information and was restricted pursuant to the E-Government Act.) (Attachments: # 1 Exhibit Exhibits 1-10)(Light, Jeffrey) (Entered: 10/30/2017)
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by FOIA Project Staff