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Case TitlePUBLIC CITIZEN, INC. v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00915
Date Filed2019-04-01
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffPUBLIC CITIZEN, INC.
Case DescriptionPublic Citizen submitted a FOIA request to the Department of Housing and Urban Development for records concerning the eligibility of individuals in the deferred action for childhood arrival program to obtain Federal Housing Administration loans and the acceptability of C33 employment authorization documents to establish borrower eligibility. Public Citizen also requested a fee waiver. The agency acknowledged receipt of the request and sent a form letter denying Public Citizen's fee waiver request. Public Citizen filed an administrative appeal challenging the agency's denial of its request for a fee waiver. HUD denied Public Citizen's administrative appeal. Public Citizen then filed suit.
Complaint issues: Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [34]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-04-011COMPLAINT against UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ( Filing fee $ 400 receipt number 0090-6033740) filed by PUBLIC CITIZEN, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Pulver, Adam) (Entered: 04/01/2019)
2019-04-012LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PUBLIC CITIZEN, INC. (Pulver, Adam) (Entered: 04/01/2019)
2019-04-02Case Assigned to Judge Royce C. Lamberth. (zef, ) (Entered: 04/02/2019)
2019-04-023SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 04/02/2019)
2019-04-054RETURN 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. (Pulver, Adam) (Entered: 04/05/2019)
2019-04-175RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/08/2019. (Pulver, Adam) (Entered: 04/17/2019)
2019-05-026NOTICE of Appearance by Matthew Evan Kahn on behalf of UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Kahn, Matthew) (Entered: 05/02/2019)
2019-05-027ANSWER to Complaint by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.(Kahn, Matthew) (Entered: 05/02/2019)
2019-05-038ORDER: Per Local Rule 16.3(b)(10), the Court ORDERS the government to file a Vaughn index and supporting dispositive motion within thirty days. Signed by Judge Royce C. Lamberth on 05/03/2019. (lcrcl3) (Entered: 05/03/2019)
2019-05-06Set/Reset Deadlines: Vaughn Index with supporting Dispositive Motions due by 6/3/2019. (lsj) (Entered: 05/06/2019)
2019-06-039MOTION to Vacate Dispositive Motion Deadline by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Kahn, Matthew) (Entered: 06/03/2019)
2019-06-0310Memorandum in opposition to re 9 MOTION to Vacate Dispositive Motion Deadline filed by PUBLIC CITIZEN, INC.. (Attachments: # 1 Text of Proposed Order)(Pulver, Adam) (Entered: 06/03/2019)
2019-06-0411REPLY to opposition to motion re 9 MOTION to Vacate Dispositive Motion Deadline filed by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Kahn, Matthew) (Entered: 06/04/2019)
2019-06-24Case directly reassigned to Judge Carl J. Nichols. Judge Royce C. Lamberth is no longer assigned to the case. (rj) (Entered: 06/24/2019)
2019-07-0112NOTICE of Appearance by Rebecca H. Smullin on behalf of PUBLIC CITIZEN, INC. (Smullin, Rebecca) (Entered: 07/01/2019)
2019-07-11MINUTE ORDER. Upon consideration of Defendants 9 Motion to Vacate Dispositive Motion Deadline, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the parties shall meet and confer and file a joint status report no later than July 18, 2019. Signed by Judge Carl J. Nichols on July 11, 2019. (lccjn1) (Entered: 07/11/2019)
2019-07-11Set/Reset Deadlines/Hearings: Joint Status Report due by 7/18/2019. (zcdw) (Entered: 07/12/2019)
2019-07-1813Joint STATUS REPORT by PUBLIC CITIZEN, INC.. (Pulver, Adam) (Entered: 07/18/2019)
2019-08-0714MOTION for Partial Summary Judgment by PUBLIC CITIZEN, INC. (Attachments: # 1 Statement of Facts, # 2 Declaration of Adam R. Pulver, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Text of Proposed Order)(Pulver, Adam) (Entered: 08/07/2019)
2019-08-13VACATED PURSUANT TO COURT'S ORDER OF 9/5/2019.....MINUTE ORDER. In light of the Parties' 13 Joint Status Report and Plaintiff's 14 Motion for Partial Summary Judgment, it is hereby ORDERED that Defendant shall process potentially responsive records at a rate of 500 pages per month until processing is complete, and that Defendant shall produce responsive, non-exempt records at the end of each month with the next production of documents occurring at the end of August 2019. It is further ORDERED that the Parties shall file an additional Joint Status Report by August 19, 2019. Signed by Judge Carl J. Nichols on August 13, 2019. (lccjn1) Modified text on 9/9/2019 (zcdw). (Entered: 08/13/2019)
2019-08-14Set/Reset Deadlines: Additional Joint Status Report due by 8/19/2019. (mac) (Entered: 08/14/2019)
2019-08-1615Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Kahn, Matthew) (Entered: 08/16/2019)
2019-08-1616MOTION to Hold in Abeyance re 14 MOTION for Partial Summary Judgment or, MOTION for Extension of Time by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Kahn, Matthew). Added MOTION for Extension of Time to on 8/19/2019 (jf). (Entered: 08/16/2019)
2019-08-1917Memorandum in opposition to re 16 MOTION to Hold in Abeyance re 14 MOTION for Partial Summary Judgment MOTION for Extension of Time to filed by PUBLIC CITIZEN, INC.. (Pulver, Adam) (Entered: 08/19/2019)
2019-08-20MINUTE ORDER. Upon review of Defendant's 16 Motion to Hold in Abeyance Plaintiff's 14 Motion for Partial Summary Judgment, or, in the alternative, Motion for Extension of Time, and considering defense counsel's representations of impending trial obligations, it is hereby ORDERED that the Motion is DENIED in part and GRANTED in part. Defendant shall file a Memorandum in Opposition to Plaintiff's 14 Motion for Partial Summary Judgment on or before September 23, 2019. Signed by Judge Carl J. Nichols on August 20. 2019. (lccjn2) (Entered: 08/20/2019)
2019-08-20Set/Reset Deadlines/Hearings: Response to 14 due by 9/23/2019. (zcdw) (Entered: 08/21/2019)
2019-08-2318MOTION for Extension of Time to Produce Responsive Records by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Kahn, Matthew) (Entered: 08/23/2019)
2019-08-2619Memorandum in opposition to re 18 MOTION for Extension of Time to Produce Responsive Records filed by PUBLIC CITIZEN, INC.. (Attachments: # 1 Text of Proposed Order)(Pulver, Adam) (Entered: 08/26/2019)
2019-09-05MINUTE ORDER. Upon review of Defendant's 18 Motion for Extension of Time, and in consideration of defense counsel's previously identified trial obligations, it is hereby ORDERED that the motion is GRANTED. The Court's production order of August 13, 2019 is hereby VACATED. Defendant shall process potentially responsive records at a rate of 500 pages per month until processing is complete, and Defendant shall produce the first set of responsive, non-exempt records by September 23, 2019. The next production shall occur by October 31, 2019, and subsequent production shall occur at the end of each month thereafter. The Parties shall file an additional Joint Status Report by September 30, 2019. Further requests for extensions will be strongly disfavored. Signed by Judge Carl J. Nichols on September 5, 2019. (lccjn2) (Entered: 09/05/2019)
2019-09-05Set/Reset Deadlines/Hearings: Joint Status Report due by 9/30/2019. (zcdw) (Entered: 09/09/2019)
2019-09-2320Consent MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Partial Summary Judgment by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Kahn, Matthew) (Entered: 09/23/2019)
2019-09-24MINUTE ORDER. Upon review of Defendant's 20 Consent Motion for Extension of Time to File Response, it is hereby ORDERED that the motion is GRANTED. Defendant shall file its response to Plaintiff's 14 Motion for Partial Summary Judgment by September 26, 2019. Plaintiff shall file its Reply by October 3, 2019. Signed by Judge Carl J. Nichols on September 24, 2019. (lccjn2) (Entered: 09/24/2019)
2019-09-24Set/Reset Deadlines/Hearings: Reply to Motion for Partial Summary Judgment due by 10/3/2019. (zcdw) (Entered: 09/29/2019)
2019-09-2621Memorandum in opposition to re 14 MOTION for Partial Summary Judgment filed by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration)(Kahn, Matthew) (Entered: 09/26/2019)
2019-09-2622Cross MOTION for Partial Summary Judgment by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration)(Kahn, Matthew) (Entered: 09/26/2019)
2019-09-2723Joint STATUS REPORT by PUBLIC CITIZEN, INC.. (Pulver, Adam) (Entered: 09/27/2019)
2019-10-0324REPLY to opposition to motion re 14 MOTION for Partial Summary Judgment filed by PUBLIC CITIZEN, INC.. (Attachments: # 1 Declaration of Adam R. Pulver, # 2 Exhibit 7)(Pulver, Adam) (Entered: 10/03/2019)
2019-10-0325Memorandum in opposition to re 22 Cross MOTION for Partial Summary Judgment filed by PUBLIC CITIZEN, INC.. (Attachments: # 1 Statement of Facts, # 2 Declaration of Adam R. Pulver, # 3 Exhibit 7, # 4 Text of Proposed Order)(Pulver, Adam) (Entered: 10/03/2019)
2019-10-0826NOTICE OF SUBSTITUTION OF COUNSEL by April Denise Seabrook on behalf of UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Substituting for attorney Matthew Kahn (Seabrook, April) (Entered: 10/08/2019)
2019-10-0827MOTION for Extension of Time to File Response/Reply as to 22 Cross MOTION for Partial Summary Judgment by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Seabrook, April) (Entered: 10/08/2019)
2019-10-08MINUTE ORDER. Upon review of Defendant's 27 Motion for Extension of Time to File Reply, it is hereby ORDERED that the motion is granted in part. Defendant shall file its reply to Plaintiff's 25 Memorandum in Opposition by October 24, 2019. Signed by Judge Carl J. Nichols on October 8, 2019. (lccjn2) (Entered: 10/08/2019)
2019-10-08Set/Reset Deadlines/Hearings: Defendant's reply due by 10/24/2019. (zcdw) (Entered: 10/11/2019)
2019-10-2328REPLY to opposition to motion re 22 Cross MOTION for Partial Summary Judgment filed by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Seabrook, April) (Entered: 10/23/2019)
2019-10-25MINUTE ORDER. Upon review of the Parties' 14 and 22 Cross-Motions for Partial Summary Judgment, it is hereby ORDERED that the Parties shall submit a Joint Status Report by December 12, 2019. The Court expects that production of records will continue while the cross-motions remain pending. Signed by Judge Carl J. Nichols on October 25, 2019. (lccjn2) (Entered: 10/25/2019)
2019-10-25Set/Reset Deadlines: Parties Joint Status Report due by 12/12/2019. (mac) (Entered: 10/25/2019)
2019-10-28Set/Reset Deadlines: Parties Joint Status Report due by 12/12/2019. (mac) (Entered: 10/28/2019)
2019-12-1229Joint STATUS REPORT by PUBLIC CITIZEN, INC.. (Pulver, Adam) (Entered: 12/12/2019)
2019-12-16MINUTE ORDER. Upon review of the Parties' 29 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by January 17, 2020. Signed by Judge Carl J. Nichols on December 16, 2019. (lccjn2) (Entered: 12/16/2019)
2019-12-16Set/Reset Deadlines/Hearings: Joint Status Report due by 1/17/2020. (zcdw) (Entered: 12/17/2019)
2020-01-1530Joint STATUS REPORT by PUBLIC CITIZEN, INC.. (Pulver, Adam) (Entered: 01/15/2020)
2020-01-16MINUTE ORDER. Upon review of the Parties' 30 Joint Status Report, it is hereby ORDERED that the Parties shall submit a Joint Status Report by February 14, 2020. Signed by Judge Carl J. Nichols on January 16, 2020. (lccjn2) (Entered: 01/16/2020)
2020-01-17Set/Reset Deadlines: Joint Status Report due by 2/14/2020. (mac) (Entered: 01/17/2020)
2020-02-1431Joint STATUS REPORT by PUBLIC CITIZEN, INC.. (Pulver, Adam) (Entered: 02/14/2020)
2020-02-18MINUTE ORDER. Upon review of the Parties' 31 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by March 16, 2020. Signed by Judge Carl J. Nichols on February 18, 2020. (lccjn2) (Entered: 02/18/2020)
2020-02-18Set/Reset Deadlines/Hearings: Joint Status Report due by 3/16/2020. (zcdw) (Entered: 02/19/2020)
2020-03-1332Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Seabrook, April) (Entered: 03/13/2020)
2020-03-16MINUTE ORDER. Upon review of the Parties' 32 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by April 17, 2020. Signed by Judge Carl J. Nichols on March 16, 2020. (lccjn2) (Entered: 03/16/2020)
2020-03-2633ORDER. Signed by Judge Carl J. Nichols on March 26, 2020. (lccjn2) (Entered: 03/26/2020)
2020-03-2634MEMORANDUM AND OPINION. Signed by Judge Carl J. Nichols on March 26, 2020. (lccjn2) (Entered: 03/26/2020)
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