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Case TitleKING v. U.S. DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv00995
Date Filed2020-04-16
Date Closed2021-08-16
JudgeJudge Carl J. Nichols
PlaintiffPETER KING
Case DescriptionPeter King, a documentary filmmaker, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning an audio recording referred to in an August 2003 memo of an informant pertaining to a murder investigation. The agency acknowledged receipt of the request. The agency issued a Glomar response neither confirming nor denying the existence of records on the basis of Exemption 7(C) (invasion of privacy concerning law enforcement records). King filed an administrative appeal. The agency upheld its initial denial. King then filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search

DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
DefendantU.S. IMMIGRATION & CUSTOMS ENFORCEMENT
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Opinion/Order [21]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-04-161COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number ADCDC-7028693) filed by PETER KING. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons)(Topic, Matthew) (Entered: 04/16/2020)
2020-04-162NOTICE of Appearance by Matthew Topic on behalf of PETER KING (Topic, Matthew) (Entered: 04/16/2020)
2020-04-16Case Assigned to Judge Carl J. Nichols. (adh, ) (Entered: 04/16/2020)
2020-04-163SUMMONS (4) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 04/16/2020)
2020-05-014NOTICE of Appearance by Alan Burch on behalf of All Defendants (Burch, Alan) (Entered: 05/01/2020)
2020-05-295ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT.(Burch, Alan) (Entered: 05/29/2020)
2020-06-02MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. According to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report by June 23, 2020. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiff's request and any discussions regarding whether Plaintiff's request can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on June 2, 2020. (lccjn2) (Entered: 06/02/2020)
2020-06-186RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 5/1/2020 (Topic, Matthew) (Entered: 06/18/2020)
2020-06-187RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. IMMIGRATION & CUSTOMS ENFORCEMENT served on 4/29/2020 (Topic, Matthew) (Entered: 06/18/2020)
2020-06-188RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/29/20. (Topic, Matthew) (Entered: 06/18/2020)
2020-06-189RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/29/2020. Answer due for ALL FEDERAL DEFENDANTS by 5/29/2020. (Topic, Matthew) (Entered: 06/18/2020)
2020-06-2310Joint STATUS REPORT by PETER KING. (Topic, Matthew) (Entered: 06/23/2020)
2020-06-23MINUTE ORDER. Upon review of the Parties' 10 Joint Status Report, it is hereby ORDERED that Defendants shall file their Motion for Summary Judgment by August 5, 2020. Plaintiff shall file his Response and Cross-Motion for Summary Judgment by September 3, 2020. Defendants shall file their Reply and Response by September 17, 2020. Plaintiff shall file his reply by October 1, 2020. Signed by Judge Carl J. Nichols on June 23, 2020. (lccjn2) (Entered: 06/23/2020)
2020-06-23Set/Reset Deadlines: Summary Judgment motions due by 8/5/2020. Cross Motions due by 9/3/2020. Response to Motion for Summary Judgment due by 9/3/2020. Response to Cross Motions due by 9/17/2020. Reply to Motion for Summary Judgment due by 9/17/2020. Reply to Cross Motions due by 10/1/2020. (zcal) (Entered: 06/24/2020)
2020-08-0511MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Burch, Alan) (Entered: 08/05/2020)
2020-08-0512Amended MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Burch, Alan) (Entered: 08/05/2020)
2020-08-06MINUTE ORDER. Upon review of Defendants' 12 Amended Motion for Extension of Time to File Motion for Summary Judgment, it is hereby ORDERED that Plaintiff shall file his opposition to the Motion, if any, by 12:00 PM on August 7, 2020. It is further ORDERED that Defendant's 11 Motion for Extension of Time to File Motion for Summary Judgment is DENIED as moot. Signed by Judge Carl J. Nichols on August 6, 2020. (lccjn2) (Entered: 08/06/2020)
2020-08-0613RESPONSE re 12 Amended MOTION for Extension of Time to File Motion for Summary Judgment filed by PETER KING. (Topic, Matthew) (Entered: 08/06/2020)
2020-08-06Set/Reset Deadlines: Response due by 8/7/2020. (zcal) (Entered: 08/06/2020)
2020-08-06MINUTE ORDER. Upon review of Defendant's 12 Motion for Extension of Time and Plaintiff's 13 Response, it is hereby ORDERED that the Motion is GRANTED. Defendant shall file its Motion for Summary Judgment by September 18, 2020; Plaintiff shall file his Response by October 19, 2020; and Defendant shall file its Reply by November 2, 2020. Signed by Judge Carl J. Nichols on August 6, 2020. (lccjn2) (Entered: 08/06/2020)
2020-08-06Set/Reset Deadlines: Summary Judgment motions due by 9/18/2020. Response to Motion for Summary Judgment due by 10/19/2020. Reply to Motion for Summary Judgment due by 11/2/2020. (zcal) (Entered: 08/07/2020)
2020-08-1014Unopposed MOTION to Amend/Correct Briefing Schedule by PETER KING (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 08/10/2020)
2020-08-11MINUTE ORDER. Upon review of Plaintiff's 14 Motion to Amend/Correct Briefing Schedule, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that the Court's Minute Order of August 6, 2020 is AMENDED to add the following: Plaintiff shall file his Reply by November 16, 2020. Signed by Judge Carl J. Nichols on August 11, 2020. (lccjn2) (Entered: 08/11/2020)
2020-08-11Set/Reset Deadlines: Replies due by 11/16/2020. (tj) (Entered: 08/11/2020)
2020-09-1815MOTION for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Attachments: # 1 Declaration of Fernando Pineiro)(Burch, Alan) (Entered: 09/18/2020)
2020-09-3016NOTICE OF SUBSTITUTION OF COUNSEL by Jeremy S. Simon on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT Substituting for attorney Alan Burch (Simon, Jeremy) (Entered: 09/30/2020)
2020-10-1317Unopposed MOTION for Extension of Time to Briefing Schedule by PETER KING (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 10/13/2020)
2020-10-15MINUTE ORDER. Upon review of Plaintiff's 17 Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED. Plaintiff shall file his Response to Defendants' 15 Motion for Summary Judgment and Cross-Motion for Summary Judgment by October 30, 2020. Defendants shall file their Reply and Response by November 13, 2020. Plaintiff shall file his Reply by November 30, 2020. Signed by Judge Carl J. Nichols on October 15, 2020. (lccjn2) Modified on 10/15/2020 (lcjl). (Entered: 10/15/2020)
2020-10-15Set/Reset Deadlines: Cross Motions due by 10/30/2020. Response to Motion for Summary Judgment due by 10/30/2020. Reply to Motion for Summary Judgment due by 11/13/2020. Response to Cross Motions due by 11/13/2020. Reply to Cross Motions due by 11/30/2020. (zcal) (Entered: 10/16/2020)
2020-10-3018Memorandum in opposition to re 15 MOTION for Summary Judgment filed by PETER KING. (Topic, Matthew) Modified docket event/text on 11/2/2020 (eg). (Entered: 10/30/2020)
2020-11-1019Consent MOTION for Extension of Time to File Reply in Support of Motion for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 11/10/2020)
2020-11-14MINUTE ORDER. Upon review of Defendant's 19 Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED. Defendant shall file its Reply by November 20, 2020. Signed by Judge Carl J. Nichols on November 14, 2020. (lccjn2) (Entered: 11/14/2020)
2020-11-14Set/Reset Deadlines: Defendant Reply due by 11/20/2020. (zcal) (Entered: 11/16/2020)
2020-11-1920REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Attachments: # 1 Supplemental Pineiro Declaration)(Simon, Jeremy) (Entered: 11/19/2020)
2021-08-1621MEMORANDUM AND OPINION. Signed by Judge Carl J. Nichols on August 16, 2021. (lccjn2) (Entered: 08/16/2021)
2021-08-1622ORDER. Signed by Judge Carl J. Nichols on August 16, 2021. (lccjn2) (Entered: 08/16/2021)
2021-08-2523Unopposed MOTION for Extension of Time to File Plaintiff's Petition for Attorneys' Fees by PETER KING. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 08/25/2021)
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