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Case TitleAMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01187
Date Filed2017-06-16
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted FOIA requests to the Department of Homeland Security, U.S. Customs and Border Protection, the Bureau of Indian Affairs, and OMB for records concerning various aspects of the costs and consequences of building a border wall. None of the agencies had responded to the requests by the time American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
DefendantU.S. CUSTOMS AND BORDER PROTECTION
DefendantU.S. DEPARTMENT OF THE INTERIOR
DefendantU.S. DEPARTMENT OF THE INTERIOR
TERMINATED: 05/03/2018
DefendantOFFICE OF MANAGEMENT AND BUDGET
DefendantOFFICE OF MANAGEMENT AND BUDGET
TERMINATED: 07/24/2018
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-06-161COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-4993994) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney, # 3 Summons Attorney General, # 4 Summons U.S. Department of Homeland Security, # 5 Summons U.S. Customs and Border Protection, # 6 Summons U.S. Department of the Interior, # 7 Summons Office of Management and Budget)(Cafasso, Cerissa) (Entered: 06/16/2017)
2017-06-162LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Cafasso, Cerissa) (Entered: 06/16/2017)
2017-06-16Case Assigned to Judge Randolph D. Moss. (md) (Entered: 06/16/2017)
2017-06-163STANDING ORDER: The parties are hereby ORDERED to comply with the directives in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 6/16/2017. (lcrdm3, ) (Entered: 06/16/2017)
2017-06-164SUMMONS (6) Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE INTERIOR, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 06/16/2017)
2017-06-235RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/21/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 7/21/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 6/21/2017; U.S. CUSTOMS AND BORDER PROTECTION served on 6/20/2017; U.S. DEPARTMENT OF HOMELAND SECURITY served on 6/20/2017; U.S. DEPARTMENT OF THE INTERIOR served on 6/20/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/21/2017. (Attachments: # 1 Exhibit A)(Cafasso, Cerissa) (Entered: 06/23/2017)
2017-07-196NOTICE of Appearance by William Mark Nebeker on behalf of OFFICE OF MANAGEMENT AND BUDGET, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE INTERIOR (Nebeker, William) (Entered: 07/19/2017)
2017-07-197Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by OFFICE OF MANAGEMENT AND BUDGET, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 07/19/2017)
2017-07-19MINUTE ORDER: Upon consideration of Defendants' Unopposed Motion for Extension of Time to File Answer 7 , the motion is hereby GRANTED. It is ORDERED that Defendants shall answer or otherwise respond to Plaintiff's complaint on or before August 21, 2017. Signed by Judge Randolph D. Moss on 7/19/2017. (lcrdm3, ) (Entered: 07/19/2017)
2017-07-19Set/Reset Deadlines: Answer due by 8/21/2017. (kt) (Entered: 07/19/2017)
2017-08-218ANSWER to Complaint by OFFICE OF MANAGEMENT AND BUDGET, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE INTERIOR.(Nebeker, William) (Entered: 08/21/2017)
2017-08-21MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a status conference on August 29, 2017, at 10:30 a.m. in Courtroom 21. It is further ORDERED that the parties shall meet and confer prior to the status conference to discuss scheduling for further proceedings. Signed by Judge Randolph D. Moss on 8/21/2017. (lcrdm3, ) (Entered: 08/21/2017)
2017-08-21Set/Reset Hearings: Status Conference set for 8/29/2017, at 10:30 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 08/21/2017)
2017-08-29Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 8/29/2017. Joint Status Report due no later than 9/18/2017. (Court Reporter: Jeff Hook.) (kt) (Entered: 08/29/2017)
2017-09-189Joint STATUS REPORT by U.S. Department of Homeland Security et al and by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 09/18/2017)
2017-09-19MINUTE ORDER: As the parties request in their Joint Status Report 9 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 19, 2017. Signed by Judge Randolph D. Moss on 9/19/2017. (lcrdm3, ) (Entered: 09/19/2017)
2017-09-19Set/Reset Deadlines: Joint Status Report due by 10/19/2017. (kt) (Entered: 09/19/2017)
2017-09-2510STATUS REPORT by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 09/25/2017)
2017-09-2711STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE INTERIOR. (Nebeker, William) (Entered: 09/27/2017)
2017-09-27MINUTE ORDER: The parties are hereby ORDERED to appear for a status conference on October 6, 2017, at 2:15 p.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 9/27/17. (lcrdm3, ) (Entered: 09/27/2017)
2017-09-28Set/Reset Hearings: Status Conference set for 10/6/2017, at 2:15 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 09/28/2017)
2017-10-06Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 10/6/2017. Issues addressed. The parties shall confer as to outstanding issues, and if needed, jointly contact chambers if it is necessary for the Court to remedy those issues. (Court Reporter: Jeff Hook.) (kt) (Entered: 10/06/2017)
2017-10-1912Joint STATUS REPORT by U.S. Department of Homeland Security et al and by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 10/19/2017)
2017-10-20MINUTE ORDER: As the parties request in their Joint Status Report 12 , it is hereby ORDERED that the parties shall file a further joint status report on or before December 8, 2017. Signed by Judge Randolph D. Moss on 10/20/17. (lcrdm3, ) (Entered: 10/20/2017)
2017-10-23Set/Reset Deadlines: Joint Status Report due by 12/8/2017. (kt) (Entered: 10/23/2017)
2017-12-0813Joint STATUS REPORT by U.S. Department of Homeland Security et al and by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 12/08/2017)
2017-12-11MINUTE ORDER: In light of the parties' Joint Status Report 13 , it is hereby ORDERED that counsel for the parties will confer regarding the status of all of the searches on or before January 16, 2018. It is further ORDERED that on or before January 22, 2018, the parties will file a joint status report with the Court to provide the Court with an update on the status of the searches. Signed by Judge Randolph D. Moss on 12/11/17. (lcrdm3, ) (Entered: 12/11/2017)
2017-12-11Set/Reset Deadlines: Counsel for the parties to confer regarding the status of all of the searches on or before 1/16/2018; Joint Status Report due by 1/22/2018. (kt) (Entered: 12/11/2017)
2018-01-2214Unopposed MOTION to Stay In Light Of Lapse Of Appropriations by OFFICE OF MANAGEMENT AND BUDGET, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE INTERIOR (Attachments: # 1 Text of Proposed Order)(Nebeker, William) Modified on 1/23/2018 (znmw). (Entered: 01/22/2018)
2018-01-23MINUTE ORDER: Upon consideration of Defendants' Unopposed Motion for a Stay in Light of Lapse of Appropriations 14 , it is hereby ORDERED that the motion is DENIED as moot. It is further ORDERED that the January 22, 2018 deadline for the filing of a joint status report set in the Court's Minute Order (Dec. 11, 2017) is VACATED and RESCHEDULED for January 25, 2018. Signed by Judge Randolph D. Moss on 1/23/18. (lcrdm3, ) (Entered: 01/23/2018)
2018-01-23Set/Reset Deadlines: Joint Status Report due by 1/25/2018. (kt) (Entered: 01/23/2018)
2018-01-2515Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF THE INTERIOR. (Nebeker, William) (Entered: 01/25/2018)
2018-01-26MINUTE ORDER: In light of the parties' Joint Status Report 15 , it is hereby ORDERED that the parties shall meet and confer regarding the status of all of the searches and production schedules on or before February 20, 2018. It is further ORDERED that the parties shall file a further joint status report on or before February 23, 2018. Signed by Judge Randolph D. Moss on 1/26/18. (lcrdm3, ) (Entered: 01/26/2018)
2018-01-26Set/Reset Deadlines: Attorney Meet and Confer deadline due by 2/20/2018; Joint Status Report due by 2/23/2018. (kt) (Entered: 01/26/2018)
2018-01-26Set/Reset Deadlines: Parties shall Meet and Confer regarding the status of all of the searches and production schedules by 2/20/2018. Joint Status Report due by 2/23/2018. (dot) (Entered: 01/29/2018)
2018-02-2316Joint STATUS REPORT by U.S. Department of Homeland Security et al and by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 02/23/2018)
2018-02-26MINUTE ORDER: In light of the parties' Joint Status Report 16 , it is hereby ORDERED that the parties shall meet and confer regarding the status of all of the searches and production schedules on or before March 29, 2018. It is further ORDERED that the parties shall file a further joint status report on or before April 6, 2018. Signed by Judge Randolph D. Moss on 2/26/18. (lcrdm3, ) (Entered: 02/26/2018)
2018-02-26Set/Reset Deadlines: Attorney Meet and Confer Conference due by 3/29/2018; Joint Status Report due by 4/6/2018. (kt) (Entered: 02/26/2018)
2018-04-0617Joint STATUS REPORT by U.S. Department of Homeland Security et al and by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 04/06/2018)
2018-04-09MINUTE ORDER: In light of the parties' Joint Status Report 17 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 2, 2018. Signed by Judge Randolph D. Moss on 4/9/18. (lcrdm3, ) (Entered: 04/09/2018)
2018-04-09Set/Reset Deadlines: Joint Status Report due by 5/2/2018. (kt) (Entered: 04/09/2018)
2018-05-0218STIPULATION of Dismissal by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 05/02/2018)
2018-05-0219Joint STATUS REPORT by U.S. Department of Homeland Security et al and by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 05/02/2018)
2018-05-03MINUTE ORDER: In light of the Plaintiff's Stipulation of Dismissal 18 , it is hereby ORDERED that the Department of the Interior is DISMISSED as a defendant in this case. It is further ORDERED that the parties shall file a joint status report on or before June 1, 2018. Signed by Judge Randolph D. Moss on 5/3/18. (lcrdm3, ) (Entered: 05/03/2018)
2018-05-03Set/Reset Deadlines: Joint Status Report due by 6/1/2018. (kt) (Entered: 05/03/2018)
2018-06-0120Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order Submitted by American Oversight, # 2 Text of Proposed Order Submitted by Defendant)(Cafasso, Cerissa) (Entered: 06/01/2018)
2018-06-14MINUTE ORDER: In light of the parties' Joint Status Report 20 , it is hereby ORDERED that the following schedule shall govern further proceedings in this case: (1) Defendant Department of Homeland Security ("DHS") shall complete production no later than July 16, 2018, of all non-exempt records responsive to Freedom of Information Requests with the agency tracking numbers 2017-HQFO-00569, 2017-HQFO-00570, 2017-HQFO-00590, 2017-HQFO-00728, and 2017-HQFO-00618; (2) the parties shall file a further joint status report with the Court on or before July 23, 2018, addressing recommendations for the Court for further proceedings as to the requests with Defendants U.S. Customs and Border Protection and the Office of Management and Budget; (3) Defendant DHS shall produce to Plaintiff a Vaughn declaration and Vaughn index addressing information withheld pursuant to one or more FOIA exemptions on or before August 24, 2018; (4) Plaintiff and Defendant DHS shall meet and confer regarding any remaining issues to be litigated on or before August 31, 2018; and (5) the parties are directed to appear for a status conference on September 5, 2018, at 10:00 a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 6/14/18. (lcrdm3, ) (Entered: 06/14/2018)
2018-06-14Set/Reset Deadlines/Hearings: Defendant Department of Homeland Security ("DHS") shall complete production no later than 7/16/2018; Joint Status Report due by 7/23/2018; Vaughn Index due by 8/24/2018; Meet and Confer Deadline due by 8/31/2018. Status Conference set for 9/5/2018, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 06/14/2018)
2018-07-2321STIPULATION of Dismissal of Office of Management & Budget by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 07/23/2018)
2018-07-2322Joint STATUS REPORT by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 07/23/2018)
2018-07-24MINUTE ORDER: In light of Plaintiff's Stipulation of Dismissal of Office of Management & Budget 21 , it is hereby ORDERED that the Office of Management and Budget is DISMISSED as a defendant in this action. Signed by Judge Randolph D. Moss on 7/24/18. (lcrdm3, ) (Entered: 07/24/2018)
2018-09-0523NOTICE of Appearance by Daniel Alexander McGrath on behalf of AMERICAN OVERSIGHT (McGrath, Daniel) (Main Document 23 replaced on 9/6/2018) (ztd). (Entered: 09/05/2018)
2018-09-05Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 9/5/2018. Plaintiff's Cross Motion due by 1/11/2019. Response to Cross Motion due by 2/1/2019. Reply to Cross Motion due by 2/15/2019. Government's Summary Judgment Motion due by 12/7/2018. Response to Motion for Summary Judgment due by 1/11/2019. Reply to Motion for Summary Judgment due by 2/1/2019. Status Report due by 11/8/2018. (Court Reporter Jeff Hook.) (dot) (Entered: 09/05/2018)
2018-11-0824Joint STATUS REPORT by AMERICAN OVERSIGHT. (Cafasso, Cerissa) (Entered: 11/08/2018)
2018-11-09MINUTE ORDER: Upon consideration of the parties' joint status report 24 , it is hereby ORDERED that the briefing schedule set forth in the Court's September 5, 2018 minute entry is VACATED. It is further ORDERED that the parties shall submit a further joint status report on or before December 7, 2018. Signed by Judge Randolph D. Moss on 11/9/2018. (lcrdm3, ) (Entered: 11/09/2018)
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