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Case TitleMIDDLE EAST FORUM v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00767
Date Filed2017-04-26
Date ClosedOpen
JudgeJudge Royce C. Lamberth
PlaintiffMIDDLE EAST FORUM
Case DescriptionThe Middle East Forum submitted a FOIA request to the Department of Homeland Security for records concerning the criteria used by the agency to evaluate and award Countering Violent Extremism grants. The Middle East Forum requested a fee waiver and indicated that the program was located in the agency's Office for Community Partnerships. The Middle East Forum heard nothing further. However, after contacting the FOIA office, the organization was told that the request had been received and referred to the Federal Emergency Management Agency. The Middle East Forum then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT 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

2017-04-261COMPLAINT against UNITED STATES DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-4928747) filed by MIDDLE EAST FORUM. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to U.S. Attorney, # 3 Summons to DHS, # 4 Summons to Attorney General)(Hardin, Matthew) (Entered: 04/26/2017)
2017-04-26Case Assigned to Judge Royce C. Lamberth. (md) (Entered: 04/27/2017)
2017-04-282SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 04/28/2017)
2017-05-063RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/2/2017. Answer due for ALL FEDERAL DEFENDANTS by 6/1/2017. (Hardin, Matthew) (Entered: 05/06/2017)
2017-05-064RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 5/1/2017 (Hardin, Matthew) (Entered: 05/06/2017)
2017-05-065RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/02/2017. (Hardin, Matthew) (Entered: 05/06/2017)
2017-05-256NOTICE of Appearance by Jason Todd Cohen on behalf of UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Cohen, Jason) (Entered: 05/25/2017)
2017-06-017Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 06/01/2017)
2017-06-058ORDER granting 7 Motion for Extension of Time to Answer: It is hereby ORDERED that: The deadline for Defendant to file its Answer or otherwise respond to the Complaint is extended to June 23, 2017. Signed by Judge Royce C. Lamberth on 6/5/17. (nbn) (Entered: 06/07/2017)
2017-06-05Set/Reset Deadlines: Answer due by 6/23/2017, (nbn) (Entered: 06/08/2017)
2017-06-239Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 06/23/2017)
2017-07-0610ORDER granting 9 Motion for Extension of Time to Answer. Answer due by 7/14/2017. Signed by Judge Royce C. Lamberth on 7/6/17. (lsj) (Entered: 07/06/2017)
2017-07-1311Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 07/13/2017)
2017-08-0812ORDER granting 11 Motion for Extension of Time to Answer All Defendants. Answer due by 8/14/2017. Signed by Judge Royce C. Lamberth on 8/7/17. (lsj) (Entered: 08/08/2017)
2017-08-1413Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 08/14/2017)
2017-08-2914MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 08/29/2017)
2017-08-2915RESPONSE re 14 MOTION for Extension of Time to File Answer re 1 Complaint, filed by MIDDLE EAST FORUM. (Hardin, Matthew) (Entered: 08/29/2017)
2017-09-2816MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 09/28/2017)
2017-09-2817RESPONSE re 16 MOTION for Extension of Time to File Answer re 1 Complaint, filed by MIDDLE EAST FORUM. (Hardin, Matthew) (Entered: 09/28/2017)
2017-10-0618MOTION for Hearing Status Conference by MIDDLE EAST FORUM (Hardin, Matthew) Modified event title on 10/10/2017 (znmw). (Entered: 10/06/2017)
2017-12-0719NOTICE of Appearance by Chaim Mandelbaum on behalf of MIDDLE EAST FORUM (Mandelbaum, Chaim) (Main Document 19 replaced on 12/8/2017) (znmw). (Entered: 12/07/2017)
2017-12-0720MOTION to Withdraw as Attorney by MIDDLE EAST FORUM (Hardin, Matthew) (Entered: 12/07/2017)
2017-12-2021ORDER granting 16 Motion for Extension of Time to Answer, nunc pro tunc. Signed by Judge Royce C. Lamberth on 12/20/17. (lsj) (Entered: 12/20/2017)
2017-12-20ORDER REFERRING CASE to a Magistrate Judge to set this matter in for a Status Conference and set a Scheduling Order. SEE ORDER 21 FOR FULL DETAILS.. Signed by Judge Royce C. Lamberth on 12/20/17. (lsj) (Entered: 12/20/2017)
2017-12-20ORDER granting 20 Motion to Withdraw as Attorney. Attorney Matthew D. Hardin terminated. SEE ORDER 21 FOR FULL DETAILS. Signed by Judge Royce C. Lamberth on 12/20/17. (lsj) (Entered: 12/20/2017)
2017-12-2022ORDER granting 13 Motion for Extension of Time to Answer, nunc pro tunc. Signed by Judge Royce C. Lamberth on 12/20/17. (lsj) (Entered: 12/20/2017)
2017-12-2023ORDER granting 14 Motion for Extension of Time to Answer, nunc pro tunc. Signed by Judge Royce C. Lamberth on 12/20/17. (lsj) (Entered: 12/20/2017)
2017-12-20CASE RANDOMLY REFERRED to Magistrate Judge G. Michael Harvey for 18 Motion for Hearing Status Conference. (md) (Entered: 12/29/2017)
2018-01-08Set Hearings: Status Conference set for 1/25/2018 at 03:00 PM in Courtroom 6 before Magistrate Judge G. Michael Harvey. (lcgmh1) (Entered: 01/08/2018)
2018-01-2224WITHDRAWN PURSUANT TO ORDER ENTERED ON 1/25/18..... MOTION to Stay Case in Light of Lapse of Appropriations by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Cohen, Jason) Modified on 1/26/2018 (ldc). (Entered: 01/22/2018)
2018-01-25MINUTE ORDER withdrawing 24 Motion to Stay. As discussed at the status conference today, January 25, 2018, the government's motion to stay based on the lapse in appropriations is WITHDRAWN. SO ORDERED. Signed by Magistrate Judge G. Michael Harvey on 1/25/18. (lcgmh1) Modified event title on 1/26/2018 (znmw). (Entered: 01/25/2018)
2018-01-25ENTERED IN ERROR....Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Status Conference held on 1/25/2018. (lcgmh1) Modified on 1/26/2018 to enter in error as duplicate; please disregard.(ztnr) (Entered: 01/25/2018)
2018-01-25Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Status Conference held on 1/25/2018. Order to be issued by the Court. (Court Reporter FTR-Gold.) (FTR Time Frame: Ctrm 6 [3:10:45-3:46:03];) (ldc) (Entered: 01/25/2018)
2018-01-25MINUTE ORDER. This FOIA case was referred to the undersigned to issue a scheduling order and give the government an opportunity to cure its current default posture. A status conference was held on January 25, 2018, at which the government represented that it has performed additional searches that produced over 27,000 potentially responsive documents to Plaintiff's FOIA request. The government further represented that Defendant, the Department of Homeland Security, could review 500 documents per month for responsiveness and to determine the applicability of any exemptions from disclosure. Plaintiff objected to a production schedule of anything less than 1000 documents reviewed by the government per month, and requested an opportunity to submit a written response to the government's proposal. Plaintiff also agreed to meet and confer with the government with the goal of narrowing the electronic search terms and/or the number of document custodians to be searched. Accordingly, it is hereby: ORDERED that, on or before February 16, 2018, the parties shall meet and confer to attempt to reduce the range of potentially responsive documents, whether by narrowing search terms or custodians, or in some other manner. It is further ORDERED that, on or before February 16, 2018, the parties shall submit a joint status report outlining the results of the meet and confer process. It is further ORDERED that, on or before February 16, 2018, the government shall file a declaration from DHS supporting and explaining its representation that it has the resources to review only 500 documents per month in this case, and that it cannot increase the pace of review to 1000 documents per month consistent with its obligations to other FOIA requesters. It is further ORDERED that, on or before February 23, 2018, Plaintiff may file a response to the government's declaration. It is further ORDERED that, with the consent of the Plaintiff, the government's time to respond to the Complaint is EXTENDED, nunc pro tunc, to January 25, 2018. It is further ORDERED that, with the consent of the Plaintiff, the government's obligation to respond to the Complaint is STAYED pending completion of its production of responsive documents in this case, the production schedule for which will be set by the undersigned after review of the filings ordered above. SO ORDERED. Signed by Magistrate Judge G. Michael Harvey on 1/25/18. (lcgmh1) Modified on 1/26/2018 to enter in error; however, it should not have been in error. This entry stands.(ztnr) (Entered: 01/25/2018)
2018-01-26Set/Reset Deadlines: Attorney Meet and Confer Conference due by 2/16/2018. Government's Declaration from DHS due by 02/16/18. Parties Joint Status Report due by 2/16/2018. Plaintiff Responses to Government's Declaration due by 2/23/2018. Government's time to Respond to the Complaint is extended, nunc pro tunc to 01/25/18. Status Report due by 2/16/2018. (ldc) (Entered: 01/26/2018)
2018-02-1625Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Cohen, Jason) (Entered: 02/16/2018)
2018-02-1626RESPONSE TO ORDER OF THE COURT re Order,,,,,,,,,, filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Declaration of James V.M.L. Holzer)(Cohen, Jason) (Entered: 02/16/2018)
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