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Case TitleAMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00305
Date Filed2018-02-09
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted a FOIA request to the Department of Homeland Security for records concerning communications with States pertaining to the construction of a wall on the Mexican-U.S. border. American Oversight also submitted a FOIA request for communications with the White House on the subject of a border wall. American Oversight submitted a third FOIA request for communications with third parties on the subject of a border wall. The agency acknowledged receipt of the requests. American Oversight also requested expedited processing. Some components granted American Oversight's request for expedited processing, while others did not. After hearing nothing further from the agency, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
DefendantU.S. CUSTOMS AND BORDER PROTECTION
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-02-091COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5326395) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)(Cafasso, Cerissa) (Entered: 02/09/2018)
2018-02-092LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Cafasso, Cerissa) (Entered: 02/09/2018)
2018-02-09Case Assigned to Judge Randolph D. Moss. (jd) (Entered: 02/09/2018)
2018-02-093SUMMONS (4) Issued Electronically as to U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(jd) (Entered: 02/09/2018)
2018-02-094STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 2/9/2018. (lcrdm2, ) (Entered: 02/09/2018)
2018-03-135RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/20/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 3/22/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 2/16/2018; U.S. DEPARTMENT OF HOMELAND SECURITY served on 2/16/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/20/2018. (Attachments: # 1 Exhibit A)(Cafasso, Cerissa) (Entered: 03/13/2018)
2018-03-226NOTICE of Appearance by Brian J. Field on behalf of All Defendants (Field, Brian) (Entered: 03/22/2018)
2018-03-227ANSWER to 1 Complaint by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY.(Field, Brian) Modified to add link on 3/23/2018 (znmw). (Entered: 03/22/2018)
2018-03-22MINUTE ORDER: The parties are hereby ORDERED to appear for an Initial Scheduling Conference on April 25, 2018, at 10:00 a.m. in Courtroom 21. It is further ORDERED that the parties shall confer in advance of the Initial Scheduling Conference on (1) whether any records can be released, and (2) the proper next steps in this litigation. Signed by Judge Randolph D. Moss on 3/22/2018. (lcrdm2, ) (Entered: 03/22/2018)
2018-03-23Set/Reset Hearings: Initial Scheduling Conference set for 4/25/2018, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 03/23/2018)
2018-04-248NOTICE of Appearance by John E. Bies on behalf of AMERICAN OVERSIGHT (Bies, John) (Entered: 04/24/2018)
2018-04-25Minute Entry for proceedings held before Judge Randolph D. Moss: Initial Scheduling Conference held on 4/25/2018. Joint Status Report due by 5/24/2018. (Court Reporter: Jeff Hook.) (kt) (Entered: 04/25/2018)
2018-05-249Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Field, Brian) (Entered: 05/24/2018)
2018-06-01MINUTE ORDER: It is hereby ORDERED that the parties shall file a further joint status report on or before June 25, 2018, proposing a production schedule and identifying any remaining issues. Signed by Judge Randolph D. Moss on 6/1/2018. (lcrdm2, ) (Entered: 06/01/2018)
2018-06-04Set/Reset Deadlines: Joint Status Report due by 6/25/2018. (kt) (Entered: 06/04/2018)
2018-06-2510Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Field, Brian) (Entered: 06/25/2018)
2018-06-26MINUTE ORDER: It is hereby ORDERED that the parties shall file a further joint status report on or before July 13, 2018, proposing a production schedule and identifying any remaining issues. Signed by Judge Randolph D. Moss on 6/26/2018. (lcrdm2, ) (Entered: 06/26/2018)
2018-06-26Set/Reset Deadlines: Joint Status Report due by 7/13/2018. (kt) (Entered: 06/26/2018)
2018-06-2911Consent MOTION for Extension of Time to file Joint Status Report by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY (Field, Brian) (Entered: 06/29/2018)
2018-06-2912NOTICE of Appearance by Daniel Alexander McGrath on behalf of AMERICAN OVERSIGHT (McGrath, Daniel) (Entered: 06/29/2018)
2018-07-01MINUTE ORDER: Defendants' consent motion for extension 11 is hereby GRANTED. The parties shall file their next joint status report on July 18, 2018. Signed by Judge Randolph D. Moss on 7/1/2018. (lcrdm2, ) (Entered: 07/01/2018)
2018-07-02Set/Reset Deadlines: Joint Status Report due by 7/18/2018. (kt) (Entered: 07/02/2018)
2018-07-1813Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Field, Brian) (Entered: 07/18/2018)
2018-07-20MINUTE ORDER: In light of the parties' Joint Status Report 13 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 16, 2018. Signed by Judge Randolph D. Moss on 7/20/18.(lcrdm2, ) (Entered: 07/20/2018)
2018-07-23Set/Reset Deadlines: Joint Status Report due by 8/16/2018. (kt) (Entered: 07/23/2018)
2018-08-1614Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Field, Brian) (Entered: 08/16/2018)
2018-08-17MINUTE ORDER: In light of the parties' Joint Status Report, Dkt. 14 , it is hereby ORDERED that the parties shall meet and confer to resolve the scope of the search at issue on or before September 17, 2018. It is further ORDERED that the parties shall submit a further joint status report on or before October 16, 2018. Signed by Judge Randolph D. Moss on 8/17/2018. (lcrdm2, ) (Entered: 08/17/2018)
2018-08-17Set/Reset Deadlines: Attorney Meet and Confer Conference due by 9/17/2018; Joint Status Report due by 10/16/2018. (kt) (Entered: 08/17/2018)
2018-10-1615Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Field, Brian) (Entered: 10/16/2018)
2018-10-19MINUTE ORDER: In light of the parties' joint status report, Dkt. 15 , it is hereby ORDERED that the parties shall file a further joint status report on or before November 7, 2018. In that status report, the parties shall provide an update on the status of request CBP-2017-091929, including when DHS anticipates completing its consultation and when CBP anticipates completing production of the records at issue. The Court will determine whether a further order is necessary in light of that status report. Signed by Judge Randolph D. Moss on 10/19/2018. (lcrdm2, ) (Entered: 10/19/2018)
2018-10-19Set/Reset Deadlines: Joint Status Report due by 11/7/2018. (kt) (Entered: 10/19/2018)
2018-11-0716Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order Defendants' Proposed Order, # 2 Text of Proposed Order Plaintiff's Proposed Order)(Field, Brian) (Entered: 11/07/2018)
2018-11-08MINUTE ORDER: In light of the parties' joint status report, Dkt. 16, it is hereby ORDERED that the parties shall file a further joint status report on or before December 3, 2018. The Court will determine whether a further order is necessary in light of that status report. Signed by Judge Randolph D. Moss on 11/8/2018. (lcrdm2, ) (Entered: 11/08/2018)
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