Skip to content

Case Detail

[Subscribe to updates]
Case TitleBrennan Center for Justice et al v. U.S. Department of Justice et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv06335
Date Filed2017-08-21
Date ClosedOpen
JudgeJudge Alvin K. Hellerstein
PlaintiffBrennan Center for Justice
PlaintiffThe Protect Democracy Project, Inc.
Case DescriptionThe Brennan Center for Justice submitted FOIA requests to the Department of Justice, the Department of Homeland Security, and OMB for records concerning the creation of the Commission on Election Integrity. The Brennan Center also requested expedited processing and a fee waiver. DOJ granted its request for expedited processing, but told the Brennan Center that it would not yet consider the fee waiver. DHS granted the Brennan Center both expedited processing and a fee waiver. OMB acknowledged receipt of the request. After hearing nothing further from any of the agencies, the Brennan Center filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Expedited processing, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. Department of Justice
DefendantU.S. Department of Homeland Security
DefendantOffice of Management and Budget
DefendantU.S. General Services Administration
DefendantU.S. Social Security Administration
Documents
Docket
Complaint
Opinion/Order [42]
FOIA Project Annotation: A federal court in New York has ruled that the Brennan Center for Justice and the Protect Democracy Project are not entitled to expedited processing for their FOIA requests to the Department of Justice, the Department of Homeland Security, OMB, and the General Services Administration for records concerning the work of the Presidential Advisory Commission on Election Integrity, which has since been disbanded, because they cannot show irreparable harm if the agencies fail to process their requests more quickly. The organizations argued that the Department of Homeland Security might issue a report based on the commission records as early as May 2018. But the court found that potential harm too speculative, noting that "it is of course possible that DHS and/or the White House will issue some sort of report along the lines of the Commission's original mandate this summer, but that is completely speculative at this point. Plaintiffs have failed to demonstrate by a preponderance of the evidence that there is an 'actual and imminent' threat of irreparable harm if DHS does not complete the requested production by July 2018."
Issues: Expedited processing - Compelling Need
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-08-211COMPLAINT against Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice. (Filing Fee $ 400.00, Receipt Number 0208-14038061)Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Creelan, Jeremy) (Entered: 08/21/2017)
2017-08-212CIVIL COVER SHEET filed. (Creelan, Jeremy) (Entered: 08/21/2017)
2017-08-213REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 1 Complaint,. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Creelan, Jeremy) (Entered: 08/21/2017)
2017-08-214REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 1 Complaint,. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Creelan, Jeremy) (Entered: 08/21/2017)
2017-08-215REQUEST FOR ISSUANCE OF SUMMONS as to Office of Management and Budget, re: 1 Complaint,. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Creelan, Jeremy) (Entered: 08/21/2017)
2017-08-226ELECTRONIC SUMMONS ISSUED as to U.S. Department of Homeland Security. (rch) (Entered: 08/22/2017)
2017-08-227ELECTRONIC SUMMONS ISSUED as to U.S. Department of Justice. (rch) (Entered: 08/22/2017)
2017-08-228ELECTRONIC SUMMONS ISSUED as to Office of Management and Budget. (rch) (Entered: 08/22/2017)
2017-08-22CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine B. Forrest. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (rch) (Entered: 08/22/2017)
2017-08-22Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (rch) (Entered: 08/22/2017)
2017-08-22Case Designated ECF. (rch) (Entered: 08/22/2017)
2017-09-069SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint, served. U.S. Department of Homeland Security served on 8/28/2017, answer due 9/27/2017. Service was made by CERTIFIED MAIL. Document filed by Brennan Center for Justice; The Protect Democracy Project, Inc.. (Attachments: # 1 Exhibit A - Executed Summons)(Creelan, Jeremy) (Entered: 09/06/2017)
2017-09-0610SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint, served. U.S. Department of Justice served on 8/28/2017, answer due 9/27/2017. Service was made by CERTIFIED MAIL. Document filed by Brennan Center for Justice; The Protect Democracy Project, Inc.. (Attachments: # 1 Exhibit A - Executed Summons)(Creelan, Jeremy) (Entered: 09/06/2017)
2017-09-0611SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint, served. Office of Management and Budget served on 8/28/2017, answer due 9/27/2017. Service was made by CERTIFIED MAIL. Document filed by Brennan Center for Justice; The Protect Democracy Project, Inc.. (Attachments: # 1 Exhibit A - Executed Summons)(Creelan, Jeremy) (Entered: 09/06/2017)
2017-09-1112AMENDED COMPLAINT amending 1 Complaint, against Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration.Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. Related document: 1 Complaint,.(Creelan, Jeremy) (Entered: 09/11/2017)
2017-09-1113REQUEST FOR ISSUANCE OF SUMMONS as to U.S. General Services Administration, re: 12 Amended Complaint,. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Creelan, Jeremy) (Entered: 09/11/2017)
2017-09-1214ELECTRONIC SUMMONS ISSUED as to U.S. General Services Administration. (pc) (Entered: 09/12/2017)
2017-09-1315SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint, served. Office of Management and Budget served on 9/8/2017, answer due 10/10/2017; U.S. Department of Homeland Security served on 9/8/2017, answer due 10/10/2017; U.S. Department of Justice served on 9/8/2017, answer due 10/10/2017. Service was made by CERTIFIED MAIL. Document filed by Brennan Center for Justice; The Protect Democracy Project, Inc.. (Attachments: # 1 Exhibit A - Executed Summonses)(Creelan, Jeremy) (Entered: 09/13/2017)
2017-09-1516ORDER: Accordingly, the Court hereby directs the parties to confer and file a joint letter proposing a briefing schedule in this matter. The joint letter shall be filed by the parties not later than Friday, September 29, 2017. Additionally, it is hereby ORDERED that lead counsel for all parties shall appear for an initial pretrial conference ("IPTC") on Wednesday October 4, 2017 at 1:00 pm. All counsel in receipt of this order shall notify all other parties (or, if order and with a copy of the Courts Individual Practices in Civil Cases. Counsel shall file proof of such service with the Court. Requests for adjournments shall be submitted at least two business days prior to the IPTC.known, their attorneys) of the IPTC by serving each of them with a copy of this Initial Conference set for 10/4/2017 at 1:00 PM before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 9/15/2017) (js) (Entered: 09/15/2017)
2017-09-1917CERTIFICATE OF SERVICE of this Court's Order, dated September 15, 2017; this Court's Individual Practices in Civil Cases served on AUSA Casey Kyung-Se Lee on September 18, 2017. Service was made by CERTIFIED MAIL. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Wedoff, Carl) (Entered: 09/19/2017)
2017-09-2018NOTICE OF APPEARANCE by Casey Kyung-Se Lee on behalf of Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration. (Lee, Casey) (Entered: 09/20/2017)
2017-09-2719SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Amended Complaint, served. U.S. General Services Administration served on 9/27/2017, answer due 10/27/2017. Service was made by CERTIFIED MAIL. Document filed by Brennan Center for Justice; The Protect Democracy Project, Inc.. (Attachments: # 1 Exhibit A - Executed Summons)(Creelan, Jeremy) (Entered: 09/27/2017)
2017-09-2720LETTER MOTION for Extension of Time to File a joint letter regarding a briefing schedule from September 29, 2017 to November 15, 2017, and to grant an adjournment of the initial pre-trial conference, currently scheduled for October 4, 2017 addressed to Judge Katherine B. Forrest from Jeremy M. Creelan dated September 27, 2017. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Creelan, Jeremy) (Entered: 09/27/2017)
2017-09-2921ORDER granting 20 LETTER MOTION for Extension of Time to File a joint letter regarding a briefing schedule from September 29, 2017 to November 15, 2017, and to grant an adjournment of the initial pre-trial conference, currently scheduled for October 4, 2017 addressed to Judge Katherine B. Forrest from Jeremy M. Creelan dated September 27, 2017. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc. Ordered. Application granted. IPTC rescheduled to 11/17/17 at 12:30 pm. (Signed by Judge Katherine B. Forrest on 9/29/2017) (rjm) (Entered: 09/29/2017)
2017-09-29Set/Reset Hearings: Initial Conference set for 11/17/2017 at 12:30 PM before Judge Katherine B. Forrest. (rjm) (Entered: 09/29/2017)
2017-10-1122ANSWER to 12 Amended Complaint,. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration.(Lee, Casey) (Entered: 10/11/2017)
2017-11-0823ORDER:: With apologies, the Court must reschedule the initial pretrial conference("IPTC") currently scheduled for Friday, November 17, 2017 at 12:30 p.m. The IPTC will now be held on Tuesday, November 21, 2017 at 1:00 p.m. The parties shall comply with all other instructions as set forth in the Court's September 29, 2017 Order. (ECF No. 21.) Initial Conference set for 11/21/2017 at 01:00 PM before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 11/8/2017) (js) (Entered: 11/08/2017)
2017-11-1524JOINT LETTER addressed to Judge Katherine B. Forrest from Jeremy M. Creelan dated November 15, 2017 re: a proposed briefing schedule. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Creelan, Jeremy) (Entered: 11/15/2017)
2017-11-2025LETTER addressed to Judge Katherine B. Forrest from Jeremy M. Creelan dated November 20, 2017 re: Plaintiffs' position concerning a reasonable production schedule for responsive FOIA records in advance of the November 21, 2017 scheduling conference. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Creelan, Jeremy) (Entered: 11/20/2017)
2017-11-2126LETTER addressed to Judge Katherine B. Forrest from Casey K. Lee dated November 21, 2017 re: Plaintiffs' Proposed Production Schedule. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration.(Lee, Casey) (Entered: 11/21/2017)
2017-11-21Minute Entry for proceedings held before Judge Katherine B. Forrest: Initial Pretrial Conference held on 11/21/2017. (jp) (Entered: 11/21/2017)
2017-11-2727TRANSCRIPT of Proceedings re: CONFERENCE held on 11/21/2017 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/18/2017. Redacted Transcript Deadline set for 12/28/2017. Release of Transcript Restriction set for 2/26/2018.(McGuirk, Kelly) (Entered: 11/27/2017)
2017-11-2728NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 11/21/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 11/27/2017)
2017-11-2929TRANSCRIPT of Proceedings re: CONFERENCE held on 11/21/2017 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/20/2017. Redacted Transcript Deadline set for 1/2/2018. Release of Transcript Restriction set for 2/27/2018.(McGuirk, Kelly) (Entered: 11/29/2017)
2017-11-2930NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/21/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 11/29/2017)
2017-12-0431LETTER addressed to Judge Katherine B. Forrest from Casey K. Lee dated December 4, 2017 re: Defendants' FOIA Productions. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration.(Lee, Casey) (Entered: 12/04/2017)
2017-12-0532MEMO ENDORSED on re: 31 Letter, filed by U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, Office of Management and Budget. ENDORSEMENT: This letter is very helpful it explains certain FOIA issues with which the Court was unfamiliar. Plaintiff's should respond to the instant letter as discussed at the conference (by 12/7/2017). (Signed by Judge Katherine B. Forrest on 12/5/2017) (js) (Entered: 12/05/2017)
2017-12-0733LETTER addressed to Judge Katherine B. Forrest from Jeremy M. Creelan dated December 7, 2017 re: a response to the Government's December 4, 2017 letter to the Court (Dkt. No. 31). Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Creelan, Jeremy) (Entered: 12/07/2017)
2017-12-1234MEMO ENDORSEMENT on re: 33 Letter, filed by Brennan Center for Justice, The Protect Democracy Project, Inc. ENDORSEMENT: Ordered. If plaintiffs have set forth the arguments they intend to rely on herein, I see no reason for more "formal" briefing. Defendants shall confer with plaintiffs and if Plaintiffs are content to rely on these papers, then defendants shall respond by December 22, 2017. If plaintiffs would prefer formal briefing, the schedule above is fine. Let the Court Know which process you select.( Motions due by 12/22/2017. Responses due by 1/12/2018, Replies due by 1/19/2018.) (Signed by Judge Katherine B. Forrest on 12/12/2017) (js) (Entered: 12/12/2017)
2017-12-1435LETTER MOTION for Leave to File Reply addressed to Judge Katherine B. Forrest from Jeremy M. Creelan dated December 14, 2017. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Creelan, Jeremy) (Entered: 12/14/2017)
2017-12-1536ORDER granting 35 Letter Motion for Leave to File Document. Ordered you can file a reply on 12/29/2017. So Ordered. (Signed by Judge Katherine B. Forrest on 12/15/2017) (js) (Entered: 12/15/2017)
2017-12-15Set/Reset Deadlines: Replies due by 12/29/2017. (js) (Entered: 12/15/2017)
2017-12-2237LETTER addressed to Judge Katherine B. Forrest from Casey K. Lee dated December 22, 2017 re: Reply to Plaintiffs' December 7, 2017, Response Letter. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration. (Attachments: # 1 Exhibit Declaration of Vanessa R. Brinkmann, # 2 Exhibit Declaration of Paul P. Colborn, # 3 Exhibit Declaration of James V.M.L. Holzer)(Lee, Casey) (Entered: 12/22/2017)
2017-12-2938LETTER addressed to Judge Katherine B. Forrest from Jeremy M. Creelan dated December 29, 2017 re: Response to Defendants December 22, 2017 Letter to the Court. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Creelan, Jeremy) (Entered: 12/29/2017)
2018-01-0339LETTER addressed to Judge Katherine B. Forrest from Jeremy M. Creelan dated January 3, 2018 re: Disbandment of the Presidential Advisory Commission on Election Integrity. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Creelan, Jeremy) (Entered: 01/03/2018)
2018-01-1040LETTER addressed to Judge Katherine B. Forrest from Jeremy M. Creelan dated January 10, 2018 re: Plaintiffs' preliminary injunction motion, and Defendant's completion of document production. Document filed by Brennan Center for Justice.(Creelan, Jeremy) (Entered: 01/10/2018)
2018-01-1241LETTER addressed to Judge Katherine B. Forrest from Casey K. Lee dated January 12, 2018 re: Plaintiffs' January 10, 2018 Letter. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration.(Lee, Casey) (Entered: 01/12/2018)
2018-01-3142OPINION & ORDER: For the reasons stated above, the Court concludes that preliminary relief is not warranted in this case. Accordingly, plaintiffs' motion for a preliminary injunction requiring DHS to produce all responsive documents not later than February 28, 2018 is DENIED. The Clerk of Court is directed to close all currently open motions. SO ORDERED. (Signed by Judge Katherine B. Forrest on 1/31/2018) (mml) (Entered: 01/31/2018)
2018-02-0843ORDER: By Opinion & Order dated January 31, 2018, this Court denied plaintiffs' request for a preliminary injunction requiring the Department of Homeland Security ("DHS") to complete its disclosure not later than February 28, 2018. (ECF No. 42.) Given that plaintiffs have consented to defendants' proposed timelines for the remaining five agencies at issue (ECF No. 33 at 1-2; ECF No. 40), the Court believes that no further relief is warranted and that this action should be dismissed as moot. Plaintiffs are directed to inform the Court not later than Wednesday, February 14, 2018 if they disagree with that assessment. (Signed by Judge Katherine B. Forrest on 2/7/2018) (js) (Entered: 02/08/2018)
2018-02-0944LETTER addressed to Judge Katherine B. Forrest from Jeremy M. Creelan dated February 9, 2018 re: Response to the Court's February 8, 2018 Order, Dkt. No. 43 . Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Creelan, Jeremy) (Entered: 02/09/2018)
2018-02-1345ORDER: In light of the plaintiffs' letter at ECF No. 44 (and the apparent agreement of both parties), the Court is persuaded that this action is not moot at this time. The parties are hereby directed to file a joint letter regarding the status of this litigation not later than Monday, August 13, 2018. If any disputes should arise prior to that date that require the Court's attention, the parties are free to write the Court at that time. SO ORDERED. (Signed by Judge Katherine B. Forrest on 2/13/2018) (mml) (Entered: 02/13/2018)
2018-04-1246MOTION for Leave to File Supplemental Complaint . Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Creelan, Jeremy) (Entered: 04/12/2018)
2018-04-1247NOTICE OF APPEARANCE by Carl Nicholas Wedoff on behalf of Brennan Center for Justice, The Protect Democracy Project, Inc.. (Wedoff, Carl) (Entered: 04/12/2018)
2018-04-1248DECLARATION of Carl N. Wedoff in Support re: 46 MOTION for Leave to File Supplemental Complaint .. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Attachments: # 1 Exhibit 1 - Amended Complaint, # 2 Exhibit 2 - Supplemental Complaint)(Wedoff, Carl) (Entered: 04/12/2018)
2018-05-0249ORDER granting 46 Letter Motion for Leave to File Document. The Court is in receipt of plaintiffs' motion for leave to file a supplemental complaint. (ECF No. 46.) That motion is hereby GRANTED as unopposed. Plaintiffs are directed to file the supplemental complaint as its own individual document on the public docket. Defendants are directed to answer/respond in accordance with the applicable Local Rules. The Clerk of Court is directed to close the open motion at ECF No. 46. So Ordered. (Signed by Judge Katherine B. Forrest on 5/2/2018) (js) (Entered: 05/02/2018)
2018-05-0350COMPLAINT against Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Creelan, Jeremy) (Entered: 05/03/2018)
2018-05-03***STRICKEN DOCUMENT. Deleted document number 50 from the case record. The document was stricken from this case pursuant to 52 Order on Motion for Leave to File Document. (js) (Entered: 05/07/2018)
2018-05-0451LETTER MOTION for Leave to File /Re-file Plaintiffs' Supplemental Complaint with Corrected Caption and Date addressed to Judge Katherine B. Forrest from Carl N. Wedoff dated May 4, 2018. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Wedoff, Carl) (Entered: 05/04/2018)
2018-05-0752ORDER granting 51 Letter Motion for Leave to File Document. So Ordered. (Signed by Judge Katherine B. Forrest on 5/7/2018) (js) (Entered: 05/07/2018)
2018-05-07Transmission to the Case Openings Clerk. Transmitted re: 52 Order on Motion for Leave to File Document, to the Case Openings Clerk for case processing. (js) (Entered: 05/07/2018)
2018-05-0753COMPLAINT against Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Creelan, Jeremy) (Entered: 05/07/2018)
2018-05-0754REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Social Security Administration, re: 53 Complaint,. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Creelan, Jeremy) (Entered: 05/07/2018)
2018-05-1055ELECTRONIC SUMMONS ISSUED as to U.S. Social Security Administration. (pc) (Entered: 05/10/2018)
2018-06-0156NOTICE OF APPEARANCE by Casey Kyung-Se Lee on behalf of U.S. Social Security Administration. (Lee, Casey) (Entered: 06/01/2018)
2018-06-0857LETTER addressed to Judge Katherine B. Forrest from Casey K. Lee dated June 8, 2018 re: U.S. Dep't of Homeland Security FOIA Statistics. Document filed by U.S. Department of Homeland Security. (Attachments: # 1 Exhibit Holzer Supplemental Declaration)(Lee, Casey) (Entered: 06/08/2018)
2018-06-1358ANSWER to 53 Complaint,. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration.(Lee, Casey) (Entered: 06/13/2018)
2018-06-1559ORDER: The Court is in receipt of the supplemental complaint in this matter (ECF No. 53), as well as the supplemental answer (ECF No. 58). The parties are directed to file a joint letter not later than Friday, June 22, 2018, informing the Court whether they believe this matter is appropriately resolved on the papers. If so, the letter should include a proposed briefing schedule. (Signed by Judge Katherine B. Forrest on 6/15/2018) (mro) (Entered: 06/18/2018)
2018-06-2260LETTER MOTION for Extension of Time to Submit a Briefing Schedule to August 15, 2018 addressed to Judge Katherine B. Forrest from Carl N. Wedoff dated June 22, 2018. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Wedoff, Carl) (Entered: 06/22/2018)
2018-06-2561ORDER granting 60 Letter Motion for Extension of Time. So Ordered. (Signed by Judge Katherine B. Forrest on 6/25/2018) (rro) (Entered: 06/25/2018)
2018-08-1362LETTER MOTION for Extension of Time to Submit a Briefing Schedule to September 7, 2018 addressed to Judge Katherine B. Forrest from Carl N. Wedoff dated August 13, 2018. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Wedoff, Carl) (Entered: 08/13/2018)
2018-08-1463ORDER granting 62 Letter Motion for Extension of Time. So Ordered. (Signed by Judge Katherine B. Forrest on 8/14/2018) (js) (Entered: 08/14/2018)
2018-08-2064ORDER: The parties are hereby directed to appear for a telephonic status conference on Thursday, October 4, 2018, at 2:00 p.m. The parties shall provide Chambers with a call-in number ahead of the conference, unless the Court orders otherwise. So Ordered ( Telephone Conference set for 10/4/2018 at 02:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 8/20/2018) (js) (Entered: 08/20/2018)
2018-09-0765LETTER addressed to Judge Katherine B. Forrest from Carl N. Wedoff dated September 7, 2018 re: a proposal of the summary judgment briefing schedule. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Wedoff, Carl) (Entered: 09/07/2018)
2018-09-1166MEMO ENDORSEMENT on re: 65 Letter filed by Brennan Center for Justice, The Protect Democracy Project, Inc. ENDORSEMENT: So ordered. (Motions due by 11/30/2018, Responses due by 1/4/2019, Replies due by 1/18/2019.) (Signed by Judge Katherine B. Forrest on 9/11/2018) (ne) (Entered: 09/11/2018)
2018-09-20NOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge Katherine B. Forrest is no longer assigned to the case. (sjo) (Entered: 09/20/2018)
2018-09-26NOTICE OF CASE REASSIGNMENT to Judge Alvin K. Hellerstein. Judge Alison J. Nathan is no longer assigned to the case. (sjo) (Entered: 09/26/2018)
2018-10-0267LETTER MOTION to Adjourn Conference /Cancel Telephonic Conference, currently scheduled for October 4, 2018 at 2:00 p.m., or adjourn it to a later date addressed to Judge Alvin K. Hellerstein from Carl N. Wedoff dated October 2, 2018. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Wedoff, Carl) (Entered: 10/02/2018)
2018-10-0268ORDER granting in part and denying in part 67 Letter Motion to Adjourn Conference. The request by all parties to adjourn the telephone conference scheduled for October 4 is granted. Counsel will meet with me for a status conference to be held October 12, 2018, 10:00 a.m., courtroom 14D. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) (Entered: 10/02/2018)
2018-10-0269NOTICE OF APPEARANCE by Katherine Anne Rosoff on behalf of Brennan Center for Justice, The Protect Democracy Project, Inc.. (Rosoff, Katherine) (Entered: 10/02/2018)
2018-10-1270SCHEDULING ORDER: On October 12, 2018, the Court held an off-the-record status conference. The Plaintiffs shall file any motions on document production issues by October 19, 2018. Defendants shall file any opposition by October 26, 2018, and Plaintiffs shall file any reply by October 31, 2018. Oral argument shall be held on November 8, 2018, at 11 a.m. The September 11, 2018 briefing schedule for motions for summary judgment, ECF 66, is rescinded. A new schedule for motions for summary judgment will await rulings on Plaintiffs' document production motions. SO ORDERED. (Motions due by 10/19/2018. Responses due by 10/26/2018. Replies due by 10/31/2018. Oral Argument set for 11/8/2018 at 11:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 10/12/2018) (ne) (Entered: 10/12/2018)
2018-10-12Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 10/12/2018, ( Motions due by 10/19/2018., Replies due by 10/31/2018., Responses due by 10/26/2018, Oral Argument set for 11/8/2018 at 11:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Jones, Brigitte) (Entered: 10/16/2018)
2018-10-1771LETTER MOTION for Extension of Time and/or Clarification of the Court's October 12, 2018, Order addressed to Judge Alvin K. Hellerstein from Casey K. Lee dated October 17, 2018. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration.(Lee, Casey) (Entered: 10/17/2018)
2018-10-1772ORDER granting 71 Letter Motion for Extension of Time. Plaintiff may choose the issue it wishes to litigate. Deft's request for an enlargement of time is granted. (Signed by Judge Alvin K. Hellerstein on 10/17/2018) (rro) (Entered: 10/18/2018)
2018-10-1873LETTER addressed to Judge Alvin K. Hellerstein from Carl N. Wedoff dated October 18, 2018 re: Motion on Document Production Issues. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Wedoff, Carl) (Entered: 10/18/2018)
2018-10-1974MEMO ENDORSEMENT on re: 73 Letter filed by Brennan Center for Justice, The Protect Democracy Project, Inc. ENDORSEMENT: So ordered. The oral argument is adjourned to November 20, 2018 at 11:00 am. (Oral Argument set for 11/20/2018 at 11:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 10/19/2018) (ne) (Entered: 10/19/2018)
2018-10-2675MOTION to Compel Defendants to Produce Documents . Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Creelan, Jeremy) (Entered: 10/26/2018)
2018-10-2676MEMORANDUM OF LAW in Support re: 75 MOTION to Compel Defendants to Produce Documents . . Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Creelan, Jeremy) (Entered: 10/26/2018)
2018-10-2677DECLARATION of Carl N. Wedoff in Support re: 75 MOTION to Compel Defendants to Produce Documents .. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25)(Wedoff, Carl) (Entered: 10/26/2018)
2018-10-2678AFFIRMATION of Carl N. Wedoff re: 75 MOTION to Compel Defendants to Produce Documents ., 76 Memorandum of Law in Support of Motion, 77 Declaration in Support of Motion,, - AFFIRMATION OF SERVICE . Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Wedoff, Carl) (Entered: 10/26/2018)
2018-11-0979CROSS MOTION for Partial Summary Judgment . Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration.(Lee, Casey) (Entered: 11/09/2018)
2018-11-0980MEMORANDUM OF LAW in Support re: 79 CROSS MOTION for Partial Summary Judgment ., 75 MOTION to Compel Defendants to Produce Documents . Opposition to Plaintiffs' Motion . Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration. (Lee, Casey) (Entered: 11/09/2018)
2018-11-0981DECLARATION of Casey K. Lee in Support re: 79 CROSS MOTION for Partial Summary Judgment ., 75 MOTION to Compel Defendants to Produce Documents .. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration. (Attachments: # 1 Exhibit Oct. 30, 2017 E-mail from Lee to Deininger, # 2 Exhibit Nov. 2, 2017 e-mail from Wedoff to Lee et al., # 3 Exhibit Sept. 6, 2017 e-mail from Lee to Wedoff, # 4 Exhibit Sept. 7, 2017 e-mail from Wedoff to Lee, # 5 Exhibit Jan. 29, 2018 letter from DHS to Brennan Center)(Lee, Casey) (Entered: 11/09/2018)
2018-11-0982DECLARATION of Vanessa R. Brinkmann in Support re: 79 CROSS MOTION for Partial Summary Judgment ., 75 MOTION to Compel Defendants to Produce Documents .. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration. (Lee, Casey) (Entered: 11/09/2018)
2018-11-0983DECLARATION of Paul P. Colborn in Support re: 79 CROSS MOTION for Partial Summary Judgment ., 75 MOTION to Compel Defendants to Produce Documents .. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration. (Attachments: # 1 Exhibit May 15, 2017 FOIA Request to OLC, # 2 Exhibit June 8, 2017 Letter, # 3 Exhibit July 25, 2017 FOIA Request to OLC, # 4 Exhibit July 26, 2017 Letter, # 5 Exhibit Dec. 29, 2017 Letter, # 6 Exhibit Mar. 30, 2018 Letter, # 7 Exhibit Apr. 13, 2018 Letter)(Lee, Casey) (Entered: 11/09/2018)
2018-11-0984DECLARATION of Tink Cooper in Support re: 79 CROSS MOTION for Partial Summary Judgment ., 75 MOTION to Compel Defendants to Produce Documents .. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration. (Attachments: # 1 Exhibit July 12, 2017 CRT Response to May 15, 2017 FOIA Request)(Lee, Casey) (Entered: 11/09/2018)
2018-11-0985DECLARATION of Travis Lewis in Support re: 79 CROSS MOTION for Partial Summary Judgment ., 75 MOTION to Compel Defendants to Produce Documents .. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration. (Attachments: # 1 Exhibit May 15, 2017 and July 25, 2017 FOIA Requests, # 2 Exhibit GSA Records Management Program Policy)(Lee, Casey) (Entered: 11/09/2018)
2018-11-0986DECLARATION of C.T. Monica Chyn in Support re: 79 CROSS MOTION for Partial Summary Judgment ., 75 MOTION to Compel Defendants to Produce Documents .. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration. (Attachments: # 1 Exhibit SSA Admin. Instructions Manual System)(Lee, Casey) (Entered: 11/09/2018)
2018-11-0987DECLARATION of Heather V. Walsh in Support re: 79 CROSS MOTION for Partial Summary Judgment ., 75 MOTION to Compel Defendants to Produce Documents .. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration. (Lee, Casey) (Entered: 11/09/2018)
2018-11-0988DECLARATION of James V.M.L. Holzer in Support re: 79 CROSS MOTION for Partial Summary Judgment ., 75 MOTION to Compel Defendants to Produce Documents .. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration. (Attachments: # 1 Exhibit Secretary Nielsen QFRs)(Lee, Casey) (Entered: 11/09/2018)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar