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Case TitleCITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, et al. v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00114
Date Filed2018-01-18
Date ClosedOpen
JudgeJudge Ketanji Brown Jackson
PlaintiffCITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON
PlaintiffFREEDOM FROM RELIGION FOUNDATION
Case DescriptionCitizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of Housing and Urban Development for records concerning the involvement of Secretary Ben Carson's family in the department. CREW asked for a fee waiver and inclusion in the news media fee category. The agency denied CREW's request for a fee waiver. CREW filed an administrative appeal of the agency's denial of its fee waiver request. CREW submitted a second FOIA for records concerning Carson's travel expenses. CREW asked for a fee waiver, which was denied. CREW filed an administrative appeal of that decision to deny CREW's fee waiver request. The Freedom from Religion Foundation submitted a FOIA request to HUD for records concerning contacts with Capitol Ministries, an organization whose goal was to evangelize elected officials. FFRF also requested a fee waiver. The agency defined FFRF's fee waiver request. FFRF filed an administrative appeal of the decision to deny its fee waiver request. That appeal was also denied. FFRF then filed a second FOIA request for records concerning the Revive Us 2 event Carson had attended at the Museum of the Bible. FFRF requested a fee waiver for that request. The agency denied FFRF's request for a fee waiver. FFRF filed an administrative appeal of the denial of its fee waive request, which was denied. Both CREW and FFRF then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Public Interest Fee Waiver

DefendantU.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
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

2018-01-181COMPLAINT against U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ( Filing fee $ 400 receipt number 0090-5292251) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons HUD, # 3 Summons Attorney General, # 4 Summons U.S. Attorney)(Weismann, Anne) (Entered: 01/18/2018)
2018-01-182LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Weismann, Anne) (Entered: 01/18/2018)
2018-01-183LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FREEDOM FROM RELIGION FOUNDATION (Weismann, Anne) (Entered: 01/18/2018)
2018-01-18Case Assigned to Judge Ketanji Brown Jackson. (jd) (Entered: 01/18/2018)
2018-01-194SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(jd) (Entered: 01/19/2018)
2018-02-015RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/26/2018. (Weismann, Anne) (Entered: 02/01/2018)
2018-02-016RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/26/2018. Answer due for ALL FEDERAL DEFENDANTS by 2/25/2018. (Weismann, Anne) (Entered: 02/01/2018)
2018-02-017RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT served on 1/26/2018 (Weismann, Anne) Modified party served on 2/2/2018 (znmw). (Entered: 02/01/2018)
2018-02-068GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Courts instructions for briefing motions and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 2/6/2018. (lckbj1) (Entered: 02/06/2018)
2018-02-129NOTICE of Appearance by Jeremy S. Simon on behalf of U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Simon, Jeremy) (Entered: 02/12/2018)
2018-02-2210Unopposed MOTION for Extension of Time to Answer or Otherwise Respond to the Complaint by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 02/22/2018)
2018-02-22MINUTE ORDER granting, for good cause shown, 10 Unopposed Motion for Extension of Time to Respond to Complaint. It is hereby ORDERED that Defendant shall answer or otherwise respond to the complaint on or before 3/29/2018. Signed by Judge Ketanji Brown Jackson on 02/22/2018. (lckbj1) (Entered: 02/22/2018)
2018-02-2311MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Patrick C. Elliott, :Firm- Freedom From Religion Foundation, :Address- 10 N. Henry St., Madison, WI 53703. Phone No. - 608-256-8900. Fax No. - 608-204-0422 Fee Status: No Fee Paid. by FREEDOM FROM RELIGION FOUNDATION (Attachments: # 1 Exhibit Index of Exhibits, # 2 Declaration Decl. of Patrick Elliott, # 3 Exhibit Application to Proceed Pro Hoc Vice, # 4 Exhibit Receipt, # 5 Text of Proposed Order)(Weismann, Anne) (Entered: 02/23/2018)
2018-02-27MINUTE ORDER granting 11 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Patrick C. Elliott is admitted pro hac vice in this matter as counsel for Freedom From Religion Foundation. Signed by Judge Ketanji Brown Jackson on 02/27/2018. (lckbj1) (Entered: 02/27/2018)
2018-03-0612NOTICE of Appearance by Patrick C. Elliott on behalf of FREEDOM FROM RELIGION FOUNDATION (Elliott, Patrick) (Entered: 03/06/2018)
2018-03-2913MOTION to Dismiss and Supporting Memorandum by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Attachments: # 1 Supporting Memorandum, # 2 Proposed Order, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhbit 15, # 18 Exhibit 16)(Simon, Jeremy) (Entered: 03/29/2018)
2018-04-0214Unopposed MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Dismiss and Supporting Memorandum by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, FREEDOM FROM RELIGION FOUNDATION (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 04/02/2018)
2018-04-03MINUTE ORDER granting, for good cause shown, 14 Unopposed Motion for Extension of Time to File Response re 13 Motion to Dismiss. It is hereby ORDERED that Plaintiffs' response re 13 is due on or before 4/30/2018. Signed by Judge Ketanji Brown Jackson on 04/03/2018. (lckbj1) (Entered: 04/03/2018)
2018-04-3015Memorandum in opposition to re 13 MOTION to Dismiss and Supporting Memorandum filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, FREEDOM FROM RELIGION FOUNDATION. (Attachments: # 1 Appendix, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Text of Proposed Order)(Weismann, Anne) (Entered: 04/30/2018)
2018-05-0116Consent MOTION for Extension of Time to File Reply in Support of Motion to Dismiss by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 05/01/2018)
2018-05-02MINUTE ORDER granting, for good cause shown, 16 Consent Motion for Extension of Time to File Reply re 13 Motion to Dismiss. It is hereby ORDERED that Defendant's Reply is due on or before 5/24/2018. Signed by Judge Ketanji Brown Jackson on 5/2/2018. (lckbj1) (Entered: 05/02/2018)
2018-05-2317REPLY to opposition to motion re 13 MOTION to Dismiss and Supporting Memorandum filed by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Simon, Jeremy) (Entered: 05/23/2018)
2018-10-1218MOTION for Leave to File Surreply by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, FREEDOM FROM RELIGION FOUNDATION (Attachments: # 1 Exhibit Index, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Weismann, Anne) Modified on 10/15/2018 to correct docket event/text (jf). (Entered: 10/12/2018)
2018-10-2419Memorandum in opposition to re 18 MOTION for Leave to File Surreply filed by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 10/24/2018)
2018-10-2620REPLY to opposition to motion re 18 MOTION for Leave to File Surreply filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, FREEDOM FROM RELIGION FOUNDATION. (Weismann, Anne) (Entered: 10/26/2018)
2018-11-1321NOTICE of Change of Address by Anne L. Weismann (Weismann, Anne) (Entered: 11/13/2018)
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by FOIA Project Staff
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