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Case TitlePROTECT DEMOCRACY PROJECT, INC. v. DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02118
Date Filed2017-10-13
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffPROTECT DEMOCRACY PROJECT, INC.
Case DescriptionThe Protect Democracy Project submitted FOIA requests to the Department of Homeland Security, U.S. Customs and Border Protection, the Office of Management and Budget, and the Office of Personnel Management for records concerning the implementation of President Trump's executive order calling for hiring more border protection agents. The Protect Democracy Project also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the request. Homeland Security and Customs and Border Protection granted PDP's requests for expedited processing and a fee waiver, but OMB and OPM did not respond to the requests for expedited processing and a fee waiver. The agencies asked PDP to clarify its request, which it did. But after hearing nothing further from any of the agencies, the Protect Democracy Project filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantCUSTOMS AND BORDER PROTECTION
DefendantOFFICE OF MANAGEMENT AND BUDGET
DefendantOFFICE OF PERSONNEL MANAGEMENT
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-10-131COMPLAINT against PROTECT DEMOCRACY PROJECT, INC. ( Filing fee $ 400 receipt number 0090-5157619) filed by PROTECT DEMOCRACY PROJECT, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Summons USAO, # 6 Summons AG, # 7 Summons CBP, # 8 Summons DHS, # 9 Summons OMB, # 10 Summons OPM)(Barnett, Kevin) (Entered: 10/13/2017)
2017-10-13Case Assigned to Judge Randolph D. Moss. (zsb) (Entered: 10/13/2017)
2017-10-132SUMMONS (6) Issued Electronically as to CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY, OFFICE OF MANAGEMENT AND BUDGET, OFFICE OF PERSONNEL MANAGEMENT, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 10/13/2017)
2017-10-133STANDING ORDER: The parties are hereby ORDERED to comply with the directives set out in the attached standing order. See document for details. Signed by Judge Randolph D. Moss on 10/13/17. (lcrdm3, ) (Entered: 10/13/2017)
2017-10-134LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PROTECT DEMOCRACY PROJECT, INC. (Barnett, Kevin) (Entered: 10/13/2017)
2017-10-135RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/13/2017. Answer due for ALL FEDERAL DEFENDANTS by 11/12/2017. (Barnett, Kevin) (Entered: 10/13/2017)
2017-10-166RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CUSTOMS AND BORDER PROTECTION served on 10/16/2017; DEPARTMENT OF HOMELAND SECURITY served on 10/16/2017; OFFICE OF MANAGEMENT AND BUDGET served on 10/16/2017; OFFICE OF PERSONNEL MANAGEMENT served on 10/16/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/16/2017. (Barnett, Kevin) (Entered: 10/16/2017)
2017-11-087NOTICE of Appearance by Scott Leeson Sroka on behalf of All Defendants (Sroka, Scott) (Entered: 11/08/2017)
2017-11-088NOTICE of Appearance by Nikhil Vikas Gore on behalf of PROTECT DEMOCRACY PROJECT, INC. (Gore, Nikhil) (Entered: 11/08/2017)
2017-11-139ANSWER to 1 Complaint by CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY, OFFICE OF MANAGEMENT AND BUDGET, OFFICE OF PERSONNEL MANAGEMENT.(Sroka, Scott) Modified to add link on 11/14/2017 (znmw). (Entered: 11/13/2017)
2017-11-13MINUTE ORDER: The parties are hereby ORDERED to appear for a status conference on January 4, 2018, at 10:15 a.m. in Courtroom 21, to discuss the schedule for further proceedings in this matter. The parties shall confer in advance of the status conference to narrow the issues for discussion. Signed by Judge Randolph D. Moss on 11/13/17. (lcrdm3, ) (Entered: 11/13/2017)
2017-11-13Set/Reset Hearings: Status Conference set for 1/4/2018, at 10:15 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 11/13/2017)
2018-01-0210NOTICE of Appearance by Jennifer H. Saperstein on behalf of PROTECT DEMOCRACY PROJECT, INC. (Saperstein, Jennifer) (Entered: 01/02/2018)
2018-01-0211NOTICE OF WITHDRAWAL OF APPEARANCE as to PROTECT DEMOCRACY PROJECT, INC.. Attorney Kevin Travers Barnett terminated. (Barnett, Kevin) (Entered: 01/02/2018)
2018-01-04Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 1/4/2018. Joint Status Report due by 3/3/2018. A further Status Conference is set for 3/13/2018, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (Court Reporter: Jeff Hook.) (kt) (Entered: 01/04/2018)
2018-03-0212Joint STATUS REPORT by PROTECT DEMOCRACY PROJECT, INC.. (Gore, Nikhil) (Entered: 03/02/2018)
2018-03-1213STATUS REPORT by PROTECT DEMOCRACY PROJECT, INC.. (Gore, Nikhil) (Entered: 03/12/2018)
2018-03-13Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 3/13/2018. Defendant OPM shall complete its production of documents by by 4/6/2018; The remaining Defendant shall provide Plaintiffs and the Court with a production schedule by 4/13/2018. (Court Reporter: Jeff Hook.) (kt) (Entered: 03/13/2018)
2018-03-14MINUTE ORDER: It is hereby ORDERED that the parties shall submit a joint status report on or before April 27, 2018, identifying the issues remaining in this litigation and proposing a schedule for further proceedings. Signed by Judge Randolph D. Moss on 3/14/18. (lcrdm3, ) (Entered: 03/14/2018)
2018-03-14Set/Reset Deadlines: Joint Status Report due by 4/27/2018. (kt) (Entered: 03/14/2018)
2018-04-1314STATUS REPORT and Proposed Production Schedule by CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY, OFFICE OF MANAGEMENT AND BUDGET, OFFICE OF PERSONNEL MANAGEMENT. (Sroka, Scott) (Entered: 04/13/2018)
2018-04-2715Joint MOTION for Extension of Time to File Joint Status Report by CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY, OFFICE OF MANAGEMENT AND BUDGET, OFFICE OF PERSONNEL MANAGEMENT (Sroka, Scott) (Entered: 04/27/2018)
2018-04-27MINUTE ORDER: Upon consideration of the Joint Motion for Extension of Time 15 , it is hereby ORDERED that the motion is GRANTED. The parties shall file a joint status report on or before May 4, 2018. Signed by Judge Randolph D. Moss on 4/27/18. (lcrdm3, ) (Entered: 04/27/2018)
2018-04-27Set/Reset Deadlines: Joint Status Report due by 5/4/2018. (dot) (Entered: 04/30/2018)
2018-05-0416Joint STATUS REPORT by PROTECT DEMOCRACY PROJECT, INC.. (Gore, Nikhil) (Entered: 05/04/2018)
2018-05-07MINUTE ORDER: In light of the parties' Joint Status Report 16 , it is hereby ORDERED that the parties shall appear for a status conference on May 14, 2018, at 2:00 p.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 5/7/18. (lcrdm3, ) (Entered: 05/07/2018)
2018-05-07Set/Reset Hearings: Status Conference set for 5/14/2018, at 2:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 05/07/2018)
2018-05-14Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 5/14/2018. Document productions shall proceed as ordered on the record. A further Status Conference is set for 7/6/2018, at 12:30 PM, in Courtroom 21, before Judge Randolph D. Moss. (Court Reporter: Jeff Hook.) (kt) (Entered: 05/14/2018)
2018-07-0517STATUS REPORT by PROTECT DEMOCRACY PROJECT, INC.. (Gore, Nikhil) (Entered: 07/05/2018)
2018-07-06Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 7/6/2018. By 7/10/2018, Department of Homeland Security shall provide Plaintiff with search terms, as stated on the record; By 7/13/2018, but no later than 7/27/2018, the parties shall meet and confer regarding the search terms; By 7/13/2018, the Office of Personnel Management documents shall be produced, and if they are not produced the Defendants shall provide a status report with an explanation for the lack of production; Joint Status Report due by 8/17/2018. A further Status Conference is set for 9/5/2018, at 10:15 AM, in Courtroom 21, before Judge Randolph D. Moss. (Court Reporter: Jeff Hook.) (kt) (Entered: 07/06/2018)
2018-08-1718Unopposed MOTION for Extension of Time to File Status Report by CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY, OFFICE OF MANAGEMENT AND BUDGET, OFFICE OF PERSONNEL MANAGEMENT (Attachments: # 1 Text of Proposed Order)(Sroka, Scott) (Entered: 08/17/2018)
2018-08-1719STATUS REPORT by PROTECT DEMOCRACY PROJECT, INC.. (Gore, Nikhil) (Entered: 08/17/2018)
2018-08-17MINUTE ORDER: In light of Defendants' Unopposed Motion for Extension of Time to File Status Report 18 , it is hereby ORDERED that the motion is GRANTED. The parties shall file their joint status report on or before August 24, 2018. Signed by Judge Randolph D. Moss on 8/17/2018. (lcrdm3, ) (Entered: 08/17/2018)
2018-08-17Set/Reset Deadlines: Joint Status Report due by 8/24/2018. (dot) (Entered: 08/20/2018)
2018-08-2420STATUS REPORT by CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY, OFFICE OF MANAGEMENT AND BUDGET, OFFICE OF PERSONNEL MANAGEMENT. (Sroka, Scott) (Entered: 08/24/2018)
2018-08-2421Supplemental STATUS REPORT by PROTECT DEMOCRACY PROJECT, INC.. (Gore, Nikhil) (Entered: 08/24/2018)
2018-08-27MINUTE ORDER: Upon consideration of the parties' joint status report 20 , it is hereby ORDERED that the Department of Homeland Security ("DHS") shall file a declaration on or before August 31, 2018, explaining why it cannot review and release responsive, non-exempt records at the rate proposed by Plaintiff. Signed by Judge Randolph D. Moss on 8/27/2018. (lcrdm3, ) (Entered: 08/27/2018)
2018-08-27Set/Reset Deadlines: Department of Homeland Security ("DHS") shall file a declaration on or before 8/31/2018. (kt) (Entered: 08/27/2018)
2018-08-3022RESPONSE TO ORDER OF THE COURT re Order, Notice of Filing filed by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Declaration of James V.M.L. Holzer)(Sroka, Scott) (Entered: 08/30/2018)
2018-09-05Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 9/5/2018. Order forthcoming. (Court Reporter Jeff Hook.) (dot) (Entered: 09/06/2018)
2018-09-10MINUTE ORDER: In light of the status conference held on September 5, 2018, it is hereby ORDERED that the Department of Homeland Security ("DHS") shall produce records at a minimum rate of 350 pages per month. It is further ORDERED that the parties' shall file a joint status report on or before October 5, 2018, alerting the Court to DHS's progress and proposing a briefing schedule moving forward. Signed by Judge Randolph D. Moss on 9/10/2018. (lcrdm3, ) (Entered: 09/10/2018)
2018-09-10Set/Reset Deadlines: Joint Status Report due by 10/5/2018. (kt) (Entered: 09/10/2018)
2018-10-0523STATUS REPORT by PROTECT DEMOCRACY PROJECT, INC.. (Gore, Nikhil) (Entered: 10/05/2018)
2018-10-0524STATUS REPORT by CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY, OFFICE OF MANAGEMENT AND BUDGET, OFFICE OF PERSONNEL MANAGEMENT. (Sroka, Scott) (Entered: 10/05/2018)
2018-10-10MINUTE ORDER: Upon consideration of Plaintiff's status report 23 , it is hereby ORDERED that the parties shall appear for a status conference on October 29, 2018, at 10:15 a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 10/10/2018. (lcrdm3, ) (Entered: 10/10/2018)
2018-10-10Set/Reset Hearings: Status Conference set for 10/29/2018, at 10:15 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 10/10/2018)
2018-10-2425Supplemental STATUS REPORT by PROTECT DEMOCRACY PROJECT, INC.. (Gore, Nikhil) (Entered: 10/24/2018)
2018-10-29Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 10/29/2018. On or before 11/1/2018, Defendants shall respond to Plaintiffs proposed narrowing of the DHS search to taskers C & D, and OMB's voluminous search to two custodians. The parties shall continue to meet and confer. Joint Status Report due by 11/16/2018. (Court Reporter: Jeff Hook.) (kt) (Entered: 10/29/2018)
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