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Case TitleNATIONAL PRESS CLUB JOURNALISM INSTITUTE et al v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02932
Date Filed2018-12-13
Date ClosedOpen
JudgeJudge Rudolph Contreras
PlaintiffNATIONAL PRESS CLUB JOURNALISM INSTITUTE
PlaintiffKATHY KIELY
Case DescriptionKathy Kiely, Press Freedom Fellow at the National Press Club Journalism Institute, submitted a FOIA request to the Department of Homeland Security for records concerning Emilio Gutierrez Soto, a Mexican journalist who had sought asylum in the U.S. and been denied asylum in 2017, and his son Oscar Gutierrez Soto. The National Press Club had honored Gutierrez Soto and taken up his cause. The agency acknowledged receipt of the request. After hearing nothing from the agency, Kiely filed an administrative appeal with U.S. Immigration and Customs Enforcement and U.S. Citizenship and Immigration Services. ICE remanded her request for processing, but USCIS told Kiely delay was not a basis for an appeal. After hearing nothing further from either agency, NPCJI and Kiely filed suit.
Complaint issues: Fee Category - Media or Educational, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-12-131COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5838097) filed by NATIONAL PRESS CLUB JOURNALISM INSTITUTE, KATHY KIELY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Corporate Disclosure Certificate, # 9 Summons for U.S. Immigration and Customs Enforcement, # 10 Summons for United States Department of Homeland Security, # 11 Summons for United States Attorney General, # 12 Summons for United States Attorney)(Townsend, KatieLynn) Modified on 12/17/2018 (zef, ). (Entered: 12/13/2018)
2018-12-132LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE (zsb) (Entered: 12/18/2018)
2018-12-18Case Assigned to Judge Rudolph Contreras. (zsb) (Entered: 12/18/2018)
2018-12-183SUMMONS (4) Issued Electronically as to U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 12/18/2018)
2019-01-144RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/20/2018. Answer due for ALL FEDERAL DEFENDANTS by 1/19/2019. (Attachments: # 1 Affidavit of Mailing)(Townsend, KatieLynn) (Entered: 01/14/2019)
2019-01-145RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/20/2018. (Attachments: # 1 Affidavit of Mailing)(Townsend, KatieLynn) (Entered: 01/14/2019)
2019-01-226Unopposed MOTION to Stay in Light of Lapse in Appropriations by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Simon, Jeremy) (Entered: 01/22/2019)
2019-01-23MINUTE ORDER granting 6 Motion to Stay: it is hereby ORDERED that this case is STAYED until the restoration of appropriations to the Department of Justice. It is FURTHER ORDERED that the parties shall file with the Court, within 14 days of Congress appropriating funds for the Justice Department, a joint status report containing proposed deadlines for further proceedings in this case. SO ORDERED. Signed by Judge Rudolph Contreras on 1/23/19. (lcrc1) (Entered: 01/23/2019)
2019-01-317NOTICE of Appearance by Adam Alexander Marshall on behalf of All Plaintiffs (Marshall, Adam) (Entered: 01/31/2019)
2019-01-318NOTICE of Appearance by Charles D. Tobin on behalf of All Plaintiffs (Tobin, Charles) (Entered: 01/31/2019)
2019-02-079Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 02/07/2019)
2019-02-08MINUTE ORDER: Upon consideration of 9 the parties' joint status report, it is hereby ORDERED that Defendants shall file a response to the Complaint on or before February 28, 2019. It is FURTHER ordered that the parties shall meet, confer, and submit a proposed briefing schedule on or before March 7, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 2/8/19. (lcrc1) (Entered: 02/08/2019)
2019-02-2810ANSWER to Complaint by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Simon, Jeremy) (Entered: 02/28/2019)
2019-03-0611Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 03/06/2019)
2019-03-0612MINUTE ORDER: Upon consideration of 11 the parties' joint status report, it is hereby ORDERED that the parties shall file another status report on or before May 6, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 3/6/19. (lcrc1) (Entered: 03/06/2019)
2019-03-07Set/Reset Deadlines: Answer due by 5/6/2019. (tj) (Entered: 03/07/2019)
2019-05-0613Joint STATUS REPORT of the Parties by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 05/06/2019)
2019-05-06MINUTE ORDER: Upon consideration of 13 the parties' joint status report, it is hereby ORDERED that the parties shall file another status report on or before June 5, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 5/6/19. (lcrc1) (Entered: 05/06/2019)
2019-05-22Set/Reset Deadlines: Status Report due by 6/5/2019 (tj) (Entered: 05/22/2019)
2019-06-0514Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 06/05/2019)
2019-06-05MINUTE ORDER: Upon consideration of 14 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before July 18, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 6/5/19. (lcrc1) (Entered: 06/05/2019)
2019-06-05Set/Reset Deadlines: Status Report due by 7/18/2019 (tj) (Entered: 06/05/2019)
2019-07-1715Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 07/17/2019)
2019-07-18MINUTE ORDER: Upon consideration of 15 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before August 28, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 7/18/19. (lcrc1) (Entered: 07/18/2019)
2019-08-02Set/Reset Deadlines: Status Report due by 8/28/2019. (tj) (Entered: 08/02/2019)
2019-08-2816Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 08/28/2019)
2019-08-29MINUTE ORDER: Upon consideration of 16 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before October 17, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 8/29/19. (lcrc1) (Entered: 08/29/2019)
2019-08-30Set/Reset Deadlines: Status Report due by 10/17/2019. (tj) (Entered: 08/30/2019)
2019-10-1717Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 10/17/2019)
2019-10-17MINUTE ORDER: Upon consideration of 17 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before December 11, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 10/17/2019. (lcrc1) (Entered: 10/17/2019)
2019-10-17Set/Reset Deadlines: Status Report due by 12/11/2019. (tj) (Entered: 10/17/2019)
2019-12-1118Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 12/11/2019)
2019-12-11MINUTE ORDER: Upon consideration of 18 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before January 22, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 12/11/2019. (lcrc1) (Entered: 12/11/2019)
2019-12-12Set/Reset Deadlines: Status Report due by 1/22/2020 (tj) (Entered: 12/12/2019)
2020-01-2219Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 01/22/2020)
2020-01-22MINUTE ORDER: Upon consideration of 19 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before February 27, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 1/22/2020. (lcrc1) (Entered: 01/22/2020)
2020-01-29Set/Reset Deadlines: Status Report due by 2/27/2020 (tj) (Entered: 01/29/2020)
2020-02-2720Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 02/27/2020)
2020-02-27MINUTE ORDER: Upon consideration of 20 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before March 26, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 2/27/2020. (lcrc1) (Entered: 02/27/2020)
2020-03-13Set/Reset Deadlines: Status Report due by 3/26/2020 (tj) (Entered: 03/13/2020)
2020-03-2621Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 03/26/2020)
2020-03-26MINUTE ORDER: Upon consideration of 21 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before April 24, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 3/26/2020. (lcrc1) (Entered: 03/26/2020)
2020-03-26Set/Reset Deadlines: Status Report due by 4/24/2020 (tj) (Entered: 03/26/2020)
2020-04-2422Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 04/24/2020)
2020-04-24MINUTE ORDER: Upon consideration of 22 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before May 15, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 4/24/2020. (lcrc1) (Entered: 04/24/2020)
2020-04-27Set/Reset Deadlines: Status Report due by 5/15/2020 (tj) (Entered: 04/27/2020)
2020-05-1523Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 05/15/2020)
2020-05-15MINUTE ORDER: Upon consideration of 23 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before June 5, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 5/15/2020. (lcrc1) (Entered: 05/15/2020)
2020-05-18Set/Reset Deadlines: Status Report due by 6/5/2020. (tj) (Entered: 05/18/2020)
2020-06-0524Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 06/05/2020)
2020-06-05MINUTE ORDER: Upon consideration of 24 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before June 26, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 6/5/2020. (lcrc1) (Entered: 06/05/2020)
2020-06-08Set/Reset Deadlines: Status Report due by 6/26/2020. (tj) (Entered: 06/08/2020)
2020-06-2625Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 06/26/2020)
2020-06-26MINUTE ORDER: Upon consideration of 25 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before August 12, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 6/26/2020. (lcrc1) (Entered: 06/26/2020)
2020-06-29Set/Reset Deadlines: Status Report due by 8/12/2020. (tj) (Entered: 06/29/2020)
2020-08-1226Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 08/12/2020)
2020-08-12MINUTE ORDER: Upon consideration of 26 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before September 11, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 8/12/2020. (lcrc1) (Entered: 08/12/2020)
2020-08-13Set/Reset Deadlines: Status Report due by 9/11/2020 (tj) (Entered: 08/13/2020)
2020-09-1027Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 09/10/2020)
2020-09-10MINUTE ORDER: Upon consideration of 27 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before October 6, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 09/10/2020. (lcrc1) (Entered: 09/10/2020)
2020-09-15Set/Reset Deadlines: Status Report due by 10/6/2020. (tj) (Entered: 09/15/2020)
2020-10-0628Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 10/06/2020)
2020-10-06MINUTE ORDER: Upon consideration of 28 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before November 9, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 10/06/2020. (lcrc1) (Entered: 10/06/2020)
2020-10-07Set/Reset Deadlines: Status Report due by 11/9/2020. (tj) (Entered: 10/07/2020)
2020-11-0929Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 11/09/2020)
2020-11-09MINUTE ORDER: Upon consideration of 29 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before December 18, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 11/9/2020. (lcrc1) (Entered: 11/09/2020)
2020-11-09Set/Reset Deadlines: Status Report due by 12/18/2020 (tj) (Entered: 11/09/2020)
2020-12-1730Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 12/17/2020)
2020-12-17MINUTE ORDER: Upon consideration of 30 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before January 26, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 12/17/2020. (lcrc1) (Entered: 12/17/2020)
2020-12-21Set/Reset Deadlines: Status Report due by 1/26/2021. (tj) (Entered: 12/21/2020)
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