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Case TitleKAPENDE et al v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01238
Date Filed2018-05-29
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffKAPS KAPENDE
PlaintiffANNIE KASEKA
PlaintiffCATHOLIC CHARITIES
Case DescriptionKaps Kapende, Annie Kaseka, and Catholic Charities submitted FOIA requests to the Department of Homeland Security for records concerning assessment reports. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Kapende, Kaseka, and Catholic Charities filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY
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
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-05-291COMPLAINT against DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-5503410) filed by KAPS KAPENDE. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Civil Cover Sheet, # 12 Notice to Counsel/Party, # 13 Summons, # 14 Summons, # 15 Summons)(Cleveland, David) (Entered: 05/29/2018)
2018-05-292NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 13-1566, 17-1924, 15-459. (zsb) (Entered: 05/30/2018)
2018-05-30Case Assigned to Judge Amy Berman Jackson. (zsb) (Entered: 05/30/2018)
2018-05-303SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 05/30/2018)
2018-05-304RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/30/2018. Answer due for ALL FEDERAL DEFENDANTS by 6/29/2018. (Cleveland, David) (Entered: 05/30/2018)
2018-06-04MINUTE ORDER. Plaintiffs filed 2 a Notice of Related Case(s) in which they assert that two other pending cases in this district are "somewhat related" to the present case. The Court finds that no action needs to be taken pursuant to Local Civil Rule 40.5. Signed by Judge Amy Berman Jackson on 06/04/2018. (lcabj3) (Entered: 06/04/2018)
2018-06-085RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/01/2018. (Cleveland, David) (Entered: 06/08/2018)
2018-06-226RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 6/21/2018 (Cleveland, David) (Entered: 06/22/2018)
2018-06-287MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Hendry, Melanie) (Entered: 06/28/2018)
2018-06-28MINUTE ORDER granting 7 Motion for Extension of Time. Defendant must respond to the complaint by July 20, 2018. Signed by Judge Amy Berman Jackson on 06/28/2018. (lcabj3) (Entered: 06/28/2018)
2018-07-208ANSWER to Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Hendry, Melanie) (Entered: 07/20/2018)
2018-07-20VACATED PURSUANT TO MINUTE ORDER FILED 08/09/18.....MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before August 17, 2018. Signed by Judge Amy Berman Jackson on 07/20/2018. (lcabj3) Modified on 8/12/2018 (jth). (Entered: 07/20/2018)
2018-07-20Set/Reset Deadlines: Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, by 8/17/2018. (jth) (Entered: 07/26/2018)
2018-07-319First MOTION for Order To Require Response of DHS by KAPS KAPENDE (Cleveland, David) (Entered: 07/31/2018)
2018-08-0810MOTION for Summary Judgment by KAPS KAPENDE (Attachments: # 1 Statement of Facts, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Cleveland, David) (Entered: 08/08/2018)
2018-08-09MINUTE ORDER. The Court denies plaintiffs' 9 motion requesting that defendant be required to re-file an answer. This is a FOIA case and the complaint went well beyond the requirements of Federal Rule of Civil Procedure 8 when it included a significant number of legal assertions. Any legal issues that are relevant to the FOIA claims will be fully briefed in the dispositive motions in this case. Signed by Judge Amy Berman Jackson on 08/09/2018. (lcabj3) (Entered: 08/09/2018)
2018-08-09MINUTE ORDER. The Court's Minute Order issued on July 20, 2018 is hereby vacated and the following briefing schedule is set: defendant's opposition (and cross motion, if any, supported by the same memorandum of points and authorities) will be due August 30, 2018; plaintiffs' reply (combined with its cross opposition, if necessary) will be due September 20, 2018; and defendant's cross reply, if any, will be due October 4, 2018. Signed by Judge Amy Berman Jackson on 08/09/2018. (lcabj3) (Entered: 08/09/2018)
2018-08-2911MOTION for Extension of Time to File Response/Reply as to 10 MOTION for Summary Judgment and Cross-Motion by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Hendry, Melanie) (Entered: 08/29/2018)
2018-08-31MINUTE ORDER. The Court grants defendant's 11 Motion for Extension of Time to file its summary judgment opposition and cross-motion, notwithstanding plaintiffs' objections to the length of the extension. Defendant's opposition and cross motion, supported by the same memorandum of points and authorities, will be due September 20, 2018; plaintiffs' reply, combined with its cross opposition, will be due October 11, 2018; and defendant's cross reply will be due October 25, 2018. Signed by Judge Amy Berman Jackson on 08/31/2018. (lcabj3) (Entered: 08/31/2018)
2018-09-2012RESPONSE re 10 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Declaration of Jill A. Eggleston, # 2 Statement of Facts)(Hendry, Melanie) (Entered: 09/20/2018)
2018-09-2013Cross MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Declaration of Jill A. Eggleston, # 2 Statement of Facts)(Hendry, Melanie) (Entered: 09/20/2018)
2018-10-0414REPLY to opposition to motion re 10 MOTION for Summary Judgment filed by KAPS KAPENDE. (Cleveland, David) (Entered: 10/04/2018)
2018-10-0415Memorandum in opposition to re 13 Cross MOTION for Summary Judgment filed by KAPS KAPENDE. (Attachments: # 1 Statement of Facts)(Cleveland, David) (Entered: 10/04/2018)
2018-10-2316MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Hendry, Melanie) (Entered: 10/23/2018)
2018-10-24MINUTE ORDER. The Court hereby grants defendant's Motion for Extension of Time notwithstanding plaintiffs' objections to the length of the extension. Defendant must file its summary judgment reply by November 15, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/24/2018. (lcabj3) (Entered: 10/24/2018)
2018-11-1417MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Hendry, Melanie) (Entered: 11/14/2018)
2018-11-1518RESPONSE re 17 MOTION for Extension of Time to File Response/Reply filed by KAPS KAPENDE. (Cleveland, David) (Entered: 11/15/2018)
2018-11-15MINUTE ORDER granting 17 Motion for Extension of Time. The original schedule in this case afforded the defendant two weeks to file a cross-reply, a week longer than the rather stingy seven days provided for in the Local Rules. On October 23, 2018 the defense requested a three week extension, which the Court granted over the plaintiffs' rather stingy objection. Now defendant is seeking another two weeks, bringing the total amount of time for the filing of the reply -- which should be short and to the point and should not repeat arguments set forth previously -- to seven weeks. Given the timing of the request and the Thanksgiving holiday, the Court appreciates why plaintiffs' counter proposal of five days is unreasonable. The Court will grant defendant's request but no further requests will be granted, and the matter will be fully briefed as of November 29, 2018 with or without the defendant's cross-reply. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/15/2018. (lcabj3) (Entered: 11/15/2018)
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by FOIA Project Staff
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