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Case TitleLATINOJUSTICE PRLDEF et al v. FEDERAL EMERGENCY MANAGEMENT AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01794
Date Filed2018-07-31
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffLATINOJUSTICE PRLDEF
PlaintiffCENTRO DE PERIODISMO INVESTIGATIVO
Case DescriptionLatinoJustice PRLDEF and Centro de Periodismo Investigativo submitted FOIA requests to the Federal Emergency Management Agency for records concerning the agency's relief efforts in Puerto Rico related to Hurricane Maria and Hurricane Irma. They also requested a fee waiver. The agency acknowledged receipt of the requests and discussed potential search terms. But after hearing nothing further from the agency, LatinoJustice PRLDEF and Centro de Periodismo Investigativo filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantFEDERAL EMERGENCY MANAGEMENT AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-07-311COMPLAINT against FEDERAL EMERGENCY MANAGEMENT AGENCY ( Filing fee $ 400 receipt number 0090-5612818) filed by LATINOJUSTICE PRLDEF, Centro de Periodismo Investigativo. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Thurston, Robin) (Entered: 07/31/2018)
2018-07-312LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTRO DE PERIODISMO INVESTIGATIVO (Thurston, Robin) (Entered: 07/31/2018)
2018-07-313LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by LATINOJUSTICE PRLDEF (Thurston, Robin) (Entered: 07/31/2018)
2018-08-02Case Assigned to Judge Rudolph Contreras. (zjd) (Entered: 08/02/2018)
2018-08-024SUMMONS (3) Issued Electronically as to FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent)(zjd) (Entered: 08/02/2018)
2018-08-025MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Natasha Lycia Ora Bannan, :Firm- LatinoJustice PRLDEF, :Address- 99 Hudson Street, 14th floor, New York, NY 10013. Phone No. - 212-739-7583. Filing fee $ 100, receipt number 0090-5618876. Fee Status: Fee Paid. by CENTRO DE PERIODISMO INVESTIGATIVO, LATINOJUSTICE PRLDEF (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Thurston, Robin) (Entered: 08/02/2018)
2018-08-02MINUTE ORDER granting 5 Motion for Leave to Appear Pro Hac Vice: Pursuant to Local Civil Rule 83.2(d), it is hereby ORDERED that Natasha Lycia Ora Bannan is admitted to represent Plaintiffs pro hac vice in this case. SO ORDERED. Signed by Judge Rudolph Contreras on August 2, 2018. (lcrc3) (Entered: 08/02/2018)
2018-08-166RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/15/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 9/14/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/15/18., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL EMERGENCY MANAGEMENT AGENCY served on 8/14/2018 (Attachments: # 1 Declaration)(Thurston, Robin) (Entered: 08/16/2018)
2018-09-147NOTICE of Appearance by Joshua M. Kolsky on behalf of FEDERAL EMERGENCY MANAGEMENT AGENCY (Kolsky, Joshua) (Entered: 09/14/2018)
2018-09-148ANSWER to Complaint by FEDERAL EMERGENCY MANAGEMENT AGENCY.(Kolsky, Joshua) (Entered: 09/14/2018)
2018-09-14MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a proposed briefing scheduling on or before September 28, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on September 14, 2018. (lcrc3) (Entered: 09/14/2018)
2018-09-25Set/Reset Deadlines: Proposed Briefing Schedule due by 9/28/2018 (tj) (Entered: 09/25/2018)
2018-09-289Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY. (Kolsky, Joshua) (Entered: 09/28/2018)
2018-09-28MINUTE ORDER: Upon consideration of 9 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on or before October 26, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on September 28, 2018. (lcrc3) (Entered: 09/28/2018)
2018-10-2610Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY. (Kolsky, Joshua) (Entered: 10/26/2018)
2018-10-26MINUTE ORDER: Upon consideration of 10 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on or before November 30, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on October 26, 2018. (lcrc3) (Entered: 10/26/2018)
2018-11-3011Joint STATUS REPORT by CENTRO DE PERIODISMO INVESTIGATIVO, LATINOJUSTICE PRLDEF. (Thurston, Robin) (Entered: 11/30/2018)
2018-11-30MINUTE ORDER: Upon consideration of 11 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on or before December 28, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on November 30, 2018. (lcrc3) (Entered: 11/30/2018)
2018-12-21Set/Reset Deadlines: Defendant shall conduct the supplemental search by 1/11/2018; Joint Proposed Briefing Schedule due by 1/22/2019. (kt) (Entered: 12/21/2018)
2018-12-2612NOTICE OF SUBSTITUTION OF COUNSEL by Paul Cirino on behalf of FEDERAL EMERGENCY MANAGEMENT AGENCY Substituting for attorney Joshua M. Kolsky (Cirino, Paul) (Entered: 12/26/2018)
2018-12-2813Consent MOTION to Stay Proceedings In Light Of Lapse Of Appropriations by FEDERAL EMERGENCY MANAGEMENT AGENCY (Cirino, Paul) (Entered: 12/28/2018)
2019-01-24MINUTE ORDER granting 13 Defendant's Motion to Stay. It is hereby ORDERED that this action is stayed until appropriations are restored to the Department of Justice. It is FURTHER ORDERED that the supplemental search previously due to be conducted by January 11, 2019 shall be conducted within 21 days of Congress restoring appropriations, and that the parties shall file a proposed briefing schedule within 14 days thereafter. SO ORDERED. Signed by Judge Rudolph Contreras on January 24, 2019. (lcrc3) (Entered: 01/24/2019)
2019-02-1314Consent MOTION for Extension of Time Deadlines by FEDERAL EMERGENCY MANAGEMENT AGENCY (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) Modified event on 2/15/2019 (znmw). (Entered: 02/13/2019)
2019-02-13MINUTE ORDER granting 14 Defendant's Consent Motion for Extension of Time. It is hereby ORDERED that Defendant shall complete its supplemental search on or before March 1, 2019. It is FURTHER ORDERED that the parties shall file a proposed schedule for further proceedings on or before March 12, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on February 13, 2019. (lcrc3) (Entered: 02/13/2019)
2019-02-14Set/Reset Deadlines: Proposed Briefing Schedule due by 3/12/2019 (tj) (Entered: 02/14/2019)
2019-03-1215Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY. (Cirino, Paul) (Entered: 03/12/2019)
2019-03-12MINUTE ORDER: Upon consideration of 15 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another status report on or before March 26, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on March 12, 2019. (lcrc3) (Entered: 03/12/2019)
2019-03-15Set/Reset Deadlines: Status Report due by 3/26/2019 (tj) (Entered: 03/15/2019)
2019-03-2616Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY. (Cirino, Paul) (Entered: 03/26/2019)
2019-03-27MINUTE ORDER: Upon consideration of 16 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before April 10, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on March 27, 2019. (lcrc3) (Entered: 03/27/2019)
2019-03-27Set/Reset Deadlines: Status Report due by 4/10/2019 (tj) (Entered: 03/27/2019)
2019-04-1017Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY. (Cirino, Paul) (Entered: 04/10/2019)
2019-04-11MINUTE ORDER: Upon consideration of 17 the parties' Joint Status Report, it is hereby ORDERED that Defendant shall process a minimum of 750 pages per month and release the non-exempt responsive documents to Plaintiffs every 30 days. It is FURTHER ORDERED that the parties shall file a Joint Status Report every 60 days to apprise the Court of the progress of the production and any issues that might arise. SO ORDERED. Signed by Judge Rudolph Contreras on April 11, 2019. (lcrc3) (Entered: 04/11/2019)
2019-05-2218NOTICE of Appearance by Benjamin M. Seel on behalf of All Plaintiffs (Seel, Benjamin) (Entered: 05/22/2019)
2019-06-1019Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY. (Cirino, Paul) (Entered: 06/10/2019)
2019-06-26Case directly reassigned to Judge Carl J. Nichols. Judge Rudolph Contreras is no longer assigned to the case. (rj) (Entered: 06/26/2019)
2019-08-0920Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY. (Cirino, Paul) (Entered: 08/09/2019)
2019-08-13MINUTE ORDER. In light of the Parties' 20 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report by October 8, 2019, per the Court's April 11, 2019 Order. Signed by Judge Carl J. Nichols on August 13, 2019. (lccjn1) (Entered: 08/13/2019)
2019-08-13Set/Reset Deadlines: Additional Joint Status Report due by 10/8/2019. (mac) (Entered: 08/13/2019)
2019-10-0821Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY. (Cirino, Paul) (Entered: 10/08/2019)
2019-10-08MINUTE ORDER. Upon review of the Parties' 21 Joint Status Report, it is hereby ORDERED that the Parties shall submit a Joint Status Report by December 9, 2019. Signed by Judge Carl J. Nichols on October 8, 2019. (lccjn2) (Entered: 10/08/2019)
2019-10-08Set/Reset Deadlines/Hearings: Joint Status Report due by 12/9/2019. (zcdw) (Entered: 10/11/2019)
2019-12-0922Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY. (Cirino, Paul) (Entered: 12/09/2019)
2019-12-10MINUTE ORDER. Upon review of the Parties' 22 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by February 7, 2020. Signed by Judge Carl J. Nichols on December 10, 2019. (lccjn2) Modified filing date on 12/11/2019 (zcdw). (Entered: 12/10/2019)
2019-12-10Set/Reset Deadlines/Hearings: Joint Status Report due by 2/7/2020. (zcdw) (Entered: 12/11/2019)
2020-02-0723Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY. (Cirino, Paul) (Entered: 02/07/2020)
2020-02-10MINUTE ORDER. Upon review of the Parties' 23 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by April 7, 2020. Signed by Judge Carl J. Nichols on February 10, 2020. (lccjn2) (Entered: 02/10/2020)
2020-02-10Set/Reset Deadlines/Hearings: Joint Status Report due by 4/7/2020. (zcdw) (Entered: 02/10/2020)
2020-04-0724Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY. (Cirino, Paul) (Entered: 04/07/2020)
2020-04-07MINUTE ORDER. Upon review of the Parties' 24 Joint Status Report, it is hereby ORDERED that the Parties file a Joint Status Report by June 8, 2020. Signed by Judge Carl J. Nichols on April 7, 2020. (lccjn2) (Entered: 04/07/2020)
2020-04-07Set/Reset Deadlines/Hearings: Joint Status Report due by 6/8/2020. (zcdw) (Entered: 04/07/2020)
2020-06-0825Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY. (Cirino, Paul) (Entered: 06/08/2020)
2020-06-08MINUTE ORDER. Upon review of the Parties' 25 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by August 7, 2020. Signed by Judge Carl J. Nichols on June 8, 2020. (lccjn2) (Entered: 06/08/2020)
2020-06-08Set/Reset Deadlines/Hearings: Joint Status Report due by 8/7/2020. (zcdw) (Entered: 06/09/2020)
2020-08-0726Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY. (Cirino, Paul) (Entered: 08/07/2020)
2020-08-08MINUTE ORDER. Upon review of the Parties' 26 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by October 6, 2020. Signed by Judge Carl J. Nichols on August 8, 2020. (lccjn2) (Entered: 08/08/2020)
2020-08-08Set/Reset Deadlines: Joint Status Report due by 10/6/2020. (zcal) (Entered: 08/10/2020)
2020-10-0627Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY. (Cirino, Paul) (Entered: 10/06/2020)
2020-10-07MINUTE ORDER. Upon review of the Parties' 27 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by December 7, 2020. Signed by Judge Carl J. Nichols on October 7, 2020. (lccjn2) (Entered: 10/07/2020)
2020-10-07Set/Reset Deadlines: Joint Status Report due by 12/7/2020. (zcal) (Entered: 10/08/2020)
2020-12-0728Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY. (Cirino, Paul) (Entered: 12/07/2020)
2020-12-08MINUTE ORDER. Upon review of the Parties' 28 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by February 5, 2021. Signed by Judge Carl J. Nichols on December 8, 2020. (lccjn2) (Entered: 12/08/2020)
2020-12-08Set/Reset Deadlines: Joint Status Report due by 2/5/2021. (zcal) (Entered: 12/08/2020)
2021-01-1929MOTION to Withdraw as Attorney by CENTRO DE PERIODISMO INVESTIGATIVO, LATINOJUSTICE PRLDEF. (Bannan, Natasha) (Entered: 01/19/2021)
2021-01-2130MOTION to Substitute Counsel by CENTRO DE PERIODISMO INVESTIGATIVO, LATINOJUSTICE PRLDEF. (Bannan, Natasha) (Entered: 01/21/2021)
2021-01-2131MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Fulvia Vargas-De Leon, Filing fee $ 100, receipt number ADCDC-8104366. Fee Status: Fee Paid. by CENTRO DE PERIODISMO INVESTIGATIVO, LATINOJUSTICE PRLDEF. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Thurston, Robin) (Entered: 01/21/2021)
2021-01-22MINUTE ORDER. The Court having considered Plaintiffs' 31 Motion for Leave to Appear Pro Hac Vice of Fulvia Vargas-De Leon, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that Fulvia Vargas-De Leon is ADMITTED to practice before the Court pro hac vice . Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Carl J. Nichols on January 22, 2021. (lccjn2) (Entered: 01/22/2021)
2021-01-22MINUTE ORDER. Upon consideration of Plaintiffs' 30 Motion to Substitute Counsel, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that Fulvia Vargas-De Leon is substituted as counsel of record for Plaintiffs. It is further ORDERED that Natasha Lycia Ora Bannan is withdrawn as counsel of record for Plaintiffs. Signed by Judge Carl J. Nichols on January 22, 2021. (lccjn2) (Entered: 01/22/2021)
2021-01-2632NOTICE of Appearance by Fulvia Vargas-De Leon on behalf of All Plaintiffs (Vargas-De Leon, Fulvia) (Entered: 01/26/2021)
2021-02-0533Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY. (Cirino, Paul) (Entered: 02/05/2021)
2021-02-08MINUTE ORDER. Upon review of the Parties' 33 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by April 6, 2021. Signed by Judge Carl J. Nichols on February 8, 2021. (lccjn2) (Entered: 02/08/2021)
2021-02-08Set/Reset Deadlines: Joint Status Report due by 4/6/2021. (zcal) (Entered: 02/09/2021)
2021-04-0634Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY. (Cirino, Paul) (Entered: 04/06/2021)
2021-04-12MINUTE ORDER. Upon review of Plaintiffs' 29 Motion to Withdraw as Attorney, it is hereby ORDERED that the Motion is GRANTED. Signed by Judge Carl J. Nichols on April 12, 2021. (lccjn2) (Entered: 04/12/2021)
2021-04-12MINUTE ORDER. Upon review of the Parties' 34 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by June 7, 2021. Signed by Judge Carl J. Nichols on April 12, 2021. (lccjn2) (Entered: 04/12/2021)
2021-04-12Set/Reset Deadlines: Joint Status Report due by 6/7/2021. (zcal) (Entered: 04/13/2021)
2021-06-0735Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY. (Cirino, Paul) (Entered: 06/07/2021)
2021-06-15MINUTE ORDER. Upon review of the Parties' 35 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by September 10, 2021. Signed by Judge Carl J. Nichols on June 15, 2021. (lccjn2) (Entered: 06/15/2021)
2021-06-15Set/Reset Deadlines: Joint Status Report due by 6/15/2021. (zcal) (Entered: 06/16/2021)
2021-06-3036NOTICE OF WITHDRAWAL OF APPEARANCE as to CENTRO DE PERIODISMO INVESTIGATIVO, LATINOJUSTICE PRLDEF. Attorney Benjamin M. Seel terminated. (Seel, Benjamin) (Entered: 06/30/2021)
2021-09-1037Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY. (Cirino, Paul) (Entered: 09/10/2021)
2021-09-13MINUTE ORDER. MINUTE ORDER. In light of the Parties' 37 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report by November 9, 2021. Signed by Judge Carl J. Nichols on September 13, 2021. (lccjn2) (Entered: 09/13/2021)
2021-09-13Set/Reset Deadlines: Joint Status Report due by 11/9/2021. (zcal) (Entered: 09/15/2021)
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