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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 Katherine B. Forrest
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
Documents
Docket
Complaint
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)
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by FOIA Project Staff