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Case TitlePHILLIPS v. DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01971
Date Filed2019-07-01
Date ClosedOpen
JudgeJudge Rudolph Contreras
PlaintiffJOSHUA PHILLIPS
Case DescriptionJoshua Phillips, an investigative reporter, submitted three FOIA requests to the Department of Homeland Security for records concerning domestic terrorism in the United States. Phillips also requested a fee waiver. The agency acknowledged receipt of the requests. Several components asked Phillips to narrow the scope of his request, which he did. However, after hearing nothing further from the agency, Phillips filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantDEPARTMENT OF HOMELAND SECURITY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-07-011COMPLAINT against DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-6227573) filed by JOSHUA PHILLIPS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet Civil Cover Sheet, # 5 Summons DHS Summons)(Kelly, Joseph) (Attachment 4 replaced on 7/3/2019) (zeg). (Entered: 07/01/2019)
2019-07-03Case Assigned to Judge Rudolph Contreras. (zeg) (Entered: 07/03/2019)
2019-07-032SUMMONS (1) Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY. (Attachment: # 1 Notice and Consent)(zeg) (Entered: 07/03/2019)
2019-07-053REQUEST FOR SUMMONS TO ISSUE re 1 Complaint, filed by JOSHUA PHILLIPS. Related document: 1 Complaint, filed by JOSHUA PHILLIPS. (Attachments: # 1 Summons US Atty Office for DC)(Kelly, Joseph) (Entered: 07/05/2019)
2019-07-054SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General. (tth) (Entered: 07/05/2019)
2019-07-155ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/12/2019. Answer due for ALL FEDERAL DEFENDANTS by 8/11/2019. (Kelly, Joseph); Modified on 7/15/2019 (tth). (Entered: 07/15/2019)
2019-07-156RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/8/2019. (Kelly, Joseph) (Entered: 07/15/2019)
2019-07-157RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 7/12/2019 (Attachments: # 1 Exhibit Proof of Service)(Kelly, Joseph) (Entered: 07/15/2019)
2019-07-158RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/8/2019. Answer due for ALL FEDERAL DEFENDANTS by 8/7/2019. (Kelly, Joseph) (Entered: 07/15/2019)
2019-07-15NOTICE OF CORRECTED DOCKET ENTRY: re 5 Summons Returned Executed in FOIA as to U.S. Attorney, was entered in error. Said pleading was refiled by counsel as Docket Entry 8 . (tth) (Entered: 07/15/2019)
2019-08-079Consent MOTION for Extension of Time to File Answer by DEPARTMENT OF HOMELAND SECURITY (Sroka, Scott) (Entered: 08/07/2019)
2019-08-07MINUTE ORDER granting 9 motion for extension of time: it is hereby ORDERED that Defendant shall have up to and including August 21, 2019 to file its answer or otherwise respond to Plaintiff's complaint. SO ORDERED. Signed by Judge Rudolph Contreras on 8/7/19. (lcrc1) (Entered: 08/07/2019)
2019-08-07Set/Reset Deadlines: Answer due by 8/21/2019, (tj) (Entered: 08/07/2019)
2019-08-2110Consent MOTION for Extension of Time to File Answer by DEPARTMENT OF HOMELAND SECURITY (Sroka, Scott) (Entered: 08/21/2019)
2019-08-21MINUTE ORDER granting 10 motion for extension of time: it is hereby ORDERED that Defendant shall have up to and including September 17, 2019 to file its answer or other response to Plaintiff's complaint. SO ORDERED. Signed by Judge Rudolph Contreras on 8/21/19. (lcrc1) (Entered: 08/21/2019)
2019-08-22Set/Reset Deadlines: Answer due by 9/17/2019. (tj) (Entered: 08/22/2019)
2019-09-1711MOTION for Extension of Time to File Answer by DEPARTMENT OF HOMELAND SECURITY (Sroka, Scott) (Entered: 09/17/2019)
2019-09-17MINUTE ORDER granting 11 motion for extension of time: it is hereby ORDERED that Defendant shall have up to and including September 24, 2019 to file its answer or other response to Plaintiff's complaint. SO ORDERED. Signed by Judge Rudolph Contreras on 09/17/2019. (lcrc1) (Entered: 09/17/2019)
2019-09-18Set/Reset Deadlines: Answer due by 9/24/2019, (tj) (Entered: 09/18/2019)
2019-09-2412ANSWER to Complaint by DEPARTMENT OF HOMELAND SECURITY.(Sroka, Scott) (Entered: 09/24/2019)
2019-09-24MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and jointly submit a proposed briefing schedule on or before October 9, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 09/24/2019. (lcrc1) (Entered: 09/24/2019)
2019-10-0913Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Sroka, Scott) (Entered: 10/09/2019)
2019-10-10MINUTE ORDER: Upon consideration of 13 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on or before November 8, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 10/10/2019. (lcrc1) (Entered: 10/10/2019)
2019-11-0714Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Sroka, Scott) (Entered: 11/07/2019)
2019-11-07MINUTE 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 December 9, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 11/7/2019. (lcrc1) (Entered: 11/07/2019)
2019-12-0915Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Sroka, Scott) (Entered: 12/09/2019)
2019-12-09MINUTE 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 January 9, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 12/9/2019.(lcrc1, modified on 12/9/2019 (lcrc1) (Entered: 12/09/2019)
2019-12-10Set/Reset Deadlines: Status Report due by 1/9/2020 (tj) (Entered: 12/10/2019)
2019-12-2616NOTICE of Change of Address by Joseph Creed Kelly (Kelly, Joseph) (Entered: 12/26/2019)
2020-01-0917Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Sroka, Scott) (Entered: 01/09/2020)
2020-01-09MINUTE 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 February 10, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 1/09/2020. (lcrc1) (Entered: 01/09/2020)
2020-01-13Set/Reset Deadlines: Status Report due by 2/10/2020 (tj) (Entered: 01/13/2020)
2020-02-1018Joint STATUS REPORT by JOSHUA PHILLIPS. (Kelly, Joseph) (Entered: 02/10/2020)
2020-02-10MINUTE 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 March 10, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 2/10/2020. (lcrc1) (Entered: 02/10/2020)
2020-02-1319NOTICE OF SUBSTITUTION OF COUNSEL by Daniel Patrick Schaefer on behalf of DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Scott L. Sroka (Schaefer, Daniel) (Entered: 02/13/2020)
2020-02-19Set/Reset Deadlines: Status Report due by 3/10/2020 (tj) (Entered: 02/19/2020)
2020-03-1020Joint STATUS REPORT by JOSHUA PHILLIPS. (Kelly, Joseph) (Entered: 03/10/2020)
2020-03-10MINUTE 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 April 10, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 3/10/2020. (lcrc1) (Entered: 03/10/2020)
2020-03-20Set/Reset Deadlines: Status Report due by 4/10/2020 (tj) (Entered: 03/20/2020)
2020-04-1021Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Schaefer, Daniel) (Entered: 04/10/2020)
2020-04-10MINUTE 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 May 11, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 4/10/2020. (lcrc1) (Entered: 04/10/2020)
2020-04-10Set/Reset Deadlines: Joint Status Report due by 5/11/2020. (zcal) (Entered: 04/10/2020)
2020-05-1122Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Schaefer, Daniel) (Entered: 05/11/2020)
2020-05-12MINUTE 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 June 15, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 5/12/2020. (lcrc1) (Entered: 05/12/2020)
2020-05-13Set/Reset Deadlines: Status Report due by 6/15/2020. (tj) (Entered: 05/13/2020)
2020-06-1523Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 06/15/2020)
2020-06-15MINUTE 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 July 15, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 6/15/2020. (lcrc1) (Entered: 06/15/2020)
2020-06-16Set/Reset Deadlines: Status Report due by 7/15/2020. (tj) (Entered: 06/16/2020)
2020-07-1524Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 07/15/2020)
2020-07-15MINUTE 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 August 14, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 7/15/2020. (lcrc1) (Entered: 07/15/2020)
2020-07-16Set/Reset Deadlines: Status Report due by 8/14/2020. (tj) (Entered: 07/16/2020)
2020-08-1425Joint STATUS REPORT by JOSHUA PHILLIPS. (Attachments: # 1 Text of Proposed Order Proposed Order)(Kelly, Joseph) (Entered: 08/14/2020)
2020-08-14MINUTE 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 September 14, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 8/14/2020. (lcrc1) (Entered: 08/14/2020)
2020-08-17Set/Reset Deadlines: Status Report due by 9/14/2020. (tj) (Entered: 08/17/2020)
2020-09-1026NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez on behalf of DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Daniel P. Schaefer (Gonzalez, Brenda) (Entered: 09/10/2020)
2020-09-1127Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Gonzalez, Brenda) (Entered: 09/11/2020)
2020-09-11MINUTE 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 14, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 09/11/2020. (lcrc1) (Entered: 09/11/2020)
2020-09-15Set/Reset Deadlines: Status Report due by 10/14/2020. (tj) (Entered: 09/15/2020)
2020-10-1428Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Gonzalez Horowitz, Brenda) (Entered: 10/14/2020)
2020-10-14MINUTE 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 16, 2020, and every sixty days thereafter. SO ORDERED. Signed by Judge Rudolph Contreras on 10/14/2020. (lcrc1) (Entered: 10/14/2020)
2020-10-16Set/Reset Deadlines: Status Report due by 11/16/2020. (tj) (Entered: 10/16/2020)
2020-11-1629Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Gonzalez-Horowitz, Brenda) (Entered: 11/16/2020)
2020-11-16MINUTE 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 January 18, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 11/16/2020. (lcrc1) (Entered: 11/16/2020)
2020-11-16Set/Reset Deadlines: Status Report due by 1/18/2021. (tj) (Entered: 11/16/2020)
2020-11-16Set/Reset Deadlines: Status Report due by 1/18/2021. (tj) (Entered: 11/16/2020)
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