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Case TitleAMERICAN OVERSIGHT v. U.S. DEPARTMENT OF COMMERCE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00912
Date Filed2019-04-01
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted FOIA requests to the Department of Commerce and 13 other agencies for records concerning calendar entries for certain agency officials. The agencies acknowledged receipt of the requests but after hearing nothing further from any of the agencies, AO filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF COMMERCE
DefendantU.S. DEPARTMENT OF EDUCATION
DefendantU.S. ENVIRONMENTAL PROTECTION AGENCY
DefendantU.S. DEPARTMENT OF JUSTICE
DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
DefendantU.S. CUSTOMS AND BORDER PROTECTION
DefendantU.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
DefendantU.S. CITIZENSHIP AND IMMIGRATION SERVICES
DefendantU.S. DEPARTMENT OF THE INTERIOR
DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantADMINISTRATION FOR CHILDREN AND FAMILIES
DefendantU.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
DefendantU.S. DEPARTMENT OF STATE
DefendantU.S. DEPARTMENT OF THE TREASURY
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
Complaint attachment 16
Complaint attachment 17
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-04-011COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-6032930) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons USAO, # 3 Summons U.S. Att'y General, # 4 Summons Commerce, # 5 Summons Education, # 6 Summons EPA, # 7 Summons DOJ, # 8 Summons DHS, # 9 Summons CBP, # 10 Summons ICE, # 11 Summons USCIS, # 12 Summons DOI, # 13 Summons HHS, # 14 Summons ACF, # 15 Summons HUD, # 16 Summons State, # 17 Summons Treasury)(Wood, Hart) (Entered: 04/01/2019)
2019-04-012LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Wood, Hart) (Entered: 04/01/2019)
2019-04-02Case Assigned to Judge John D. Bates. (zef, ) (Entered: 04/02/2019)
2019-04-023SUMMONS (16) Issued Electronically as to ADMINISTRATION FOR CHILDREN AND FAMILIES, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE TREASURY, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 04/02/2019)
2019-04-304NOTICE of Appearance by Jason Todd Cohen on behalf of All Defendants (Cohen, Jason) (Entered: 04/30/2019)
2019-05-015Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,, by ADMINISTRATION FOR CHILDREN AND FAMILIES, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE TREASURY, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Cohen, Jason) (Entered: 05/01/2019)
2019-05-02MINUTE ORDER: Upon consideration of 5 defendants' unopposed motion for extension of time to answer, and the entire record herein, it is hereby ORDERED that 5 defendants' motion for extension of time is GRANTED; and it is further ORDERED that defendants' responsive pleading shall be filed by not later than June 3, 2019. SO ORDERED. Signed by Judge John D. Bates on 05/02/2019. (lcjdb3, ) (Entered: 05/02/2019)
2019-06-036Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,, by ADMINISTRATION FOR CHILDREN AND FAMILIES, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE TREASURY, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Cohen, Jason) (Entered: 06/03/2019)
2019-06-04MINUTE ORDER: Upon consideration of 6 defendants' unopposed motion for extension of time to answer, and the entire record herein, it is hereby ORDERED that 6 defendants' motion is GRANTED; and it is further ORDERED that defendants' responsive pleading shall be filed by not later than June 13, 2019. SO ORDERED. Signed by Judge John D. Bates on 06/04/2019. (lcjdb3) (Entered: 06/04/2019)
2019-06-217Consent MOTION for Extension of Time to Respond to Complaint by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE TREASURY, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Truong, John) (Entered: 06/21/2019)
2019-06-21MINUTE ORDER: Upon consideration of 7 defendants' consent motion for an extension of time to file a responsive pleading, and the entire record herein, it is hereby ORDERED that 7 defendants' consent motion for an extension of time is GRANTED; it is further ORDERED that defendants shall file a responsive pleading by not later than July 11, 2019; and it is further ORDERED that the parties shall file a joint status report by not later than July 18, 2019. SO ORDERED. Signed by Judge John D. Bates on 06/21/2019. (lcjdb3, ) (Entered: 06/21/2019)
2019-06-24Case directly reassigned to Judge Carl J. Nichols. Judge John D. Bates is no longer assigned to the case. (rj) (Entered: 06/24/2019)
2019-06-24Set/Reset Deadlines: Response due by 7/11/2019. Joint Status Report due by 7/18/2019. (tb) (Entered: 06/24/2019)
2019-07-118ANSWER to Complaint by ADMINISTRATION FOR CHILDREN AND FAMILIES, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE TREASURY, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT.(Cohen, Jason) (Entered: 07/11/2019)
2019-07-159ENTERED IN ERROR.....CERTIFICATE OF SERVICE by AMERICAN OVERSIGHT . (Attachments: # 1 Declaration)(Wood, Hart) Modified on 7/16/2019 (jf). (Entered: 07/15/2019)
2019-07-16NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 9 Certificate of Service was entered in error and counsel was instructed to refile said pleading using the "Service of Process" event (jf) (Entered: 07/16/2019)
2019-07-1610RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/2/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 5/2/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/8/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ADMINISTRATION FOR CHILDREN AND FAMILIES served on 4/8/2019; U.S. CITIZENSHIP AND IMMIGRATION SERVICES served on 4/8/2019; U.S. CUSTOMS AND BORDER PROTECTION served on 4/8/2019; U.S. DEPARTMENT OF COMMERCE served on 4/8/2019; U.S. DEPARTMENT OF EDUCATION served on 4/8/2019; U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 4/8/2019; U.S. DEPARTMENT OF HOMELAND SECURITY served on 4/8/2019; U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT served on 4/8/2019; U.S. DEPARTMENT OF JUSTICE served on 4/8/2019; U.S. DEPARTMENT OF STATE served on 4/8/2019; U.S. DEPARTMENT OF THE INTERIOR served on 4/8/2019; U.S. DEPARTMENT OF THE TREASURY served on 4/8/2019; U.S. ENVIRONMENTAL PROTECTION AGENCY served on 4/8/2019; U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT served on 4/8/2019 (Attachments: # 1 Declaration)(Wood, Hart) (Entered: 07/16/2019)
2019-07-1811Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 07/18/2019)
2019-07-22MINUTE ORDER. In light of the representations in the Parties' 11 Joint Status Report, it is hereby ORDERED that the Parties shall file a further Joint Status Report on or before August 22, 2019. Signed by Judge Carl J. Nichols on July 22, 2019. (lccjn1) (Entered: 07/22/2019)
2019-07-22Set/Reset Deadlines/Hearings: Joint Status Report due by 8/22/2019. (zcdw) (Entered: 07/22/2019)
2019-08-2212Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 08/22/2019)
2019-08-22MINUTE ORDER. In light of the Parties' 12 Joint Status Report, it is hereby ORDERED that the Parties submit an additional Joint Status Report by September 26, 2019. Signed by Judge Carl J. Nichols on August 22, 2019. (lccjn1) (Entered: 08/22/2019)
2019-08-22Set/Reset Deadlines/Hearings: Joint status report due by 9/26/2019. (zcdw) (Entered: 08/22/2019)
2019-09-2313Unopposed MOTION for Extension of Time to File Joint Status Report by ADMINISTRATION FOR CHILDREN AND FAMILIES, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE TREASURY, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Cohen, Jason) (Entered: 09/23/2019)
2019-09-25MINUTE ORDER. Upon consideration of Defendants' 13 Unopposed Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED and that the Parties shall file an additional Joint Status Report on or before October 3, 2019. Signed by Judge Carl J. Nichols on September 25, 2019. (lccjn1) (Entered: 09/25/2019)
2019-09-25Set/Reset Deadlines/Hearings: Joint Status Report due by 10/3/2019. (zcdw) (Entered: 09/29/2019)
2019-10-0314Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 10/03/2019)
2019-10-04MINUTE ORDER. In light of the Parties' 14 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before December 2, 2019. Signed by Judge Carl J. Nichols on October 4, 2019. (lccjn1) (Entered: 10/04/2019)
2019-10-04Set/Reset Deadlines/Hearings: Joint Status Report due by 12/2/2019. (zcdw) (Entered: 10/04/2019)
2019-11-2115NOTICE OF SUBSTITUTION OF COUNSEL by Sean Michael Tepe on behalf of All Defendants Substituting for attorney Jason Cohen (Tepe, Sean) (Entered: 11/21/2019)
2019-12-0216Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 12/02/2019)
2019-12-03MINUTE ORDER. In light of the Parties' 16 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before January 31, 2020. Signed by Judge Carl J. Nichols on December 3, 2019. (lccjn1) (Entered: 12/03/2019)
2019-12-03Set/Reset Deadlines/Hearings: Joint Status Report due by 1/31/2020. (zcdw) (Entered: 12/04/2019)
2020-01-3117Joint STATUS REPORT by ADMINISTRATION FOR CHILDREN AND FAMILIES, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE TREASURY, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tepe, Sean) (Entered: 01/31/2020)
2020-02-03MINUTE ORDER. In light of the Parties' 17 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before March 31, 2020. Signed by Judge Carl J. Nichols on February 3, 2020. (lccjn1) (Entered: 02/03/2020)
2020-02-03Set/Reset Deadlines/Hearings: Joint Status Report due by 3/31/2020. (zcdw) (Entered: 02/04/2020)
2020-03-3118Joint STATUS REPORT by ADMINISTRATION FOR CHILDREN AND FAMILIES, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE TREASURY, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Declaration of Eric F. Stein)(Tepe, Sean) (Entered: 03/31/2020)
2020-04-03MINUTE ORDER. In light of the Parties' 18 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before May 7, 2020. It is further ORDERED that Defendant Department of State's upcoming production deadlines are STAYED pending further order from the Court and that it shall update the Court on its ability to resume review and production of documents responsive to Plaintiff's FOIA request in the Parties' next Joint Status Report. Signed by Judge Carl J. Nichols on April 3, 2020. (lccjn1) (Entered: 04/03/2020)
2020-05-0719Joint STATUS REPORT by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 05/07/2020)
2020-05-11MINUTE ORDER. In light of the Parties' 19 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before July 7, 2020. Signed by Judge Carl J. Nichols on May 11, 2020. (lccjn1) (Entered: 05/11/2020)
2020-05-11Set/Reset Deadlines/Hearings: Joint Status Report due by 7/7/2020. (zcdw) (Entered: 05/13/2020)
2020-06-3020STIPULATION of Dismissal of EPA by AMERICAN OVERSIGHT. (Wood, Hart) (Entered: 06/30/2020)
2020-07-0721Joint STATUS REPORT by ADMINISTRATION FOR CHILDREN AND FAMILIES, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF THE TREASURY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tepe, Sean) (Entered: 07/07/2020)
2020-07-08MINUTE ORDER. In light of the Parties' 21 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before September 8, 2020. Signed by Judge Carl J. Nichols on July 8, 2020. (lccjn1) (Entered: 07/08/2020)
2020-07-08Set/Reset Deadlines: Joint Status Report due by 9/8/2020. (zcal) (Entered: 07/08/2020)
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