Case Detail

FOIA Project Annotation: Judge Trevor McFadden has ruled that while the majority of the U.S. Citizenship and Immigration Services' exemption claims were appropriate, it has not yet justified the adequacy of its search for records on how the agency assessed its statutory obligations under the foreseeable harm test, which was codified as part of the 2016 FOIA Improvement Act. The Louise Trauma Center submitted four FOIA requests to USCIS. The first asked for labor agreements between USCIS and asylum officers, and the second asked for studies or memoranda concerning the foreseeable harm requirement enacted in the 2016 FOIA Improvement Act. The third request asked for records training given to USCIS personnel about the FOIA Improvement Act, including training materials. The fourth request asked for records concerning asylum officer lesson plans used during the class for new officers in July 2019. The agency searched for responsive records and disclosed thousands of pages. LTC dismissed its complaint pertaining to the third request and indicated that it was completely satisfied with the agency's response to its first request. In response to LTC's request on the foreseeable harm standard, USCIS determined that its FOIA training materials were responsive to the request. In response, it provided 1,104 pages with exemption claims on 600 of those pages. In response to the fourth request on asylum officer training materials. USCIS determined that responsive documents would be in its Electronic Reading Room. LTC contended the agency's search was too narrow. USCIS conducted a broader search and released an additional 3,480 pages with multiple exemption claims. LTC challenged the adequacy of the search for the remaining two contested requests. Although LTC's request concerning records on how to interpret the foreseeable harm standard had been limited to training materials, McFadden explained that "yet the Center also requested 'analyses, memoranda, instructions, reports, and documents.' The request thus facially includes documents beyond formal studies. But USCIS 'does not say it searched for these items.' More, that USCIS does not conduct studies does not mean that no USCIS employee has responsive documents 'concerning' FOIA's foreseeable harm requirement. That is reason not to limit a search to FOIA training materials." McFadden indicated that "indeed, it appears that USCIS simply overlooked all words in the request that followed 'studies.' That was an error." As to the search for records on training materials for asylum officers, the agency admitted it had inadvertently misinterpreted the request to encompass only lesson plans. It then conducted a second search and found an additional 3,480 pages of responsive records. McFadden found this search inadequate as well. He noted that "but USCIS nowhere 'sets forth the search terms and the type of search performed. It merely states the search's results and who performed it." Turning to the agency's exemption claims, McFadden found the agency had failed to show that Exemption 5 (privileges) protected records claimed under the deliberative process privilege but agreed records claimed under the attorney work product privilege were protected. Likewise, he found names claimed under Exemption 6 (invasion of privacy) qualified for the exemption. LTC argued that Exemption 7(E) (investigative methods or techniques) did not apply to asylum officer training materials. McFadden disagreed, noting instead that "in sum, disclosure of this information would give those trying to illegally enter the country a glimpse of how to do so through the asylum process. The information therefore 'could increase the risks' that someone will violate immigration law."
Issues: Adequacy - Search, Exemption 7(E) - Investigative methods or techniques

Date Filed	Doc #	Docket Text
2020-04-30	1	COMPLAINT against UNITED STATES DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number ADCDC-7076030) filed by LOUISE TRAUMA CENTER LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Civil Cover Sheet, # 6 Summons US Attorney, # 7 Summons US Attorney General, # 8 Summons Dept of Homeland Security)(Cleveland, David) (Entered: 04/30/2020)
2020-04-30	2	ERRATA civil cover sheet by LOUISE TRAUMA CENTER LLC 1 Complaint, filed by LOUISE TRAUMA CENTER LLC. (Cleveland, David) (Entered: 04/30/2020)
2020-05-01		Case Assigned to Judge Trevor N. McFadden. (adh, ) (Entered: 05/01/2020)
2020-05-01	3	SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 05/01/2020)
2020-05-01	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/1/2020. Answer due for ALL FEDERAL DEFENDANTS by 5/31/2020. (Cleveland, David) (Entered: 05/01/2020)
2020-05-01	5	STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 5/1/2020.(lctnm3) (Entered: 05/01/2020)
2020-05-07	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/06/2020. (Attachments: # 1 Exhibit)(Cleveland, David) (Entered: 05/07/2020)
2020-05-07	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 5/5/2020 (Attachments: # 1 Exhibit)(Cleveland, David) (Entered: 05/07/2020)
2020-06-01	8	ANSWER to Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Peterson, Benton) (Entered: 06/01/2020)
2020-06-02		MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before June 30, 2020. Signed by Judge Trevor N. McFadden on 6/2/2020. (lctnm3) (Entered: 06/02/2020)
2020-06-02		Set/Reset Deadlines: Joint Status Report due by 6/30/2020. (hmc) (Entered: 06/02/2020)
2020-06-30	9	STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Peterson, Benton) (Entered: 06/30/2020)
2020-07-01		MINUTE ORDER. Upon consideration of the parties' 9 Joint Status Report, it is hereby ORDERED that the parties shall submit another Joint Status Report by August 18, 2020. The next report shall update the Court regarding any remaining disputes between the parties and shall include a proposed production and reporting schedule. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/1/2020. (lctnm3) (Entered: 07/01/2020)
2020-07-01		Set/Reset Deadlines: Joint Status Report due by 8/18/2020. (hmc) (Entered: 07/01/2020)
2020-08-18	10	Joint STATUS REPORT by LOUISE TRAUMA CENTER LLC. (Cleveland, David) (Entered: 08/18/2020)
2020-08-18		MINUTE ORDER. Upon consideration of the 10 Joint Status Report, it is hereby ORDERED that the parties shall file their next Joint Status Report on or before September 18, 2020. The report should update the Court on the parties' progress in reducing or eliminating disputed issues and should propose a briefing schedule, if appropriate. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/18/2020. (lctnm2) (Entered: 08/18/2020)
2020-08-19		Set/Reset Deadlines: Joint Status Report due by 9/18/2020. (zhmc) (Entered: 08/19/2020)
2020-09-17	11	MOTION for Summary Judgment by LOUISE TRAUMA CENTER LLC (Attachments: # 1 Text of Proposed Order, # 2 Statement of Facts, # 3 Exhibit, # 4 Declaration, # 5 Declaration)(Cleveland, David) (Entered: 09/17/2020)
2020-09-18	12	Joint STATUS REPORT by LOUISE TRAUMA CENTER LLC. (Cleveland, David) (Entered: 09/18/2020)
2020-09-18	13	STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Peterson, Benton) (Entered: 09/18/2020)
2020-09-21		MINUTE ORDER. Upon consideration of Plaintiff's 12 Status Report and Defendant's 13 Status Report, it is hereby ORDERED that the briefing schedule on Plaintiff's 11 Motion for Summary Judgment shall be as follows: Defendant's combined opposition and cross-motion for summary judgment due on or before October 21, 2020; Plaintiff's combined reply and opposition due on or before November 11, 2020; Defendant's reply, if any, due on or before November 24, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/21/2020. (lctnm2) (Entered: 09/21/2020)
2020-09-21		Set/Reset Deadlines: Defendant's combined opposition and cross-motion for summary judgment due by 10/21/2020. Plaintiff's combined reply and opposition due by 11/11/2020. Defendant's reply due by 11/24/2020. (hmc) (Entered: 09/21/2020)
2020-10-19	14	Unopposed MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 10/19/2020)
2020-10-20		MINUTE ORDER granting Defendant's 14 Unopposed Motion for Extension of Time to File. Defendant's combined opposition and cross-motion for summary judgment is due on or before October 28, 2020. Defendant is directed to Paragraph 9(A) of the Court's 5 Standing Order, which states that motions for extension of time "must be filed at least four business days prior to the first affected deadline." Future requests that do not comply with this requirement may be denied. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/20/2020. (lctnm3) (Entered: 10/20/2020)
2020-10-20		Set/Reset Deadlines: Defendant's combined opposition and cross-motion for summary judgment due by 10/28/2020. (hmc) (Entered: 10/20/2020)
2020-10-28	15	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Statement of Facts, # 2 Statement of Facts, # 3 Declaration)(Peterson, Benton) (Entered: 10/28/2020)
2020-10-28	16	Memorandum in opposition to re 11 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Statement of Facts, # 2 Statement of Facts, # 3 Declaration)(Peterson, Benton) (Entered: 10/28/2020)
2020-11-02	17	REPLY to opposition to motion re 11 MOTION for Summary Judgment filed by LOUISE TRAUMA CENTER LLC. (Attachments: # 1 Exhibit, # 2 Exhibit)(Cleveland, David) (Entered: 11/02/2020)
2020-11-03	18	Memorandum in opposition to re 15 MOTION for Summary Judgment of DHS filed by LOUISE TRAUMA CENTER LLC. (Attachments: # 1 Statement of Facts, # 2 Exhibit)(Cleveland, David) Modified docket event/text on 11/4/2020 (eg). (Entered: 11/03/2020)
2020-11-19	19	MOTION to Stay re 18 Response to motion Temporarily by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Peterson, Benton) (Entered: 11/19/2020)
2020-11-19		MINUTE ORDER. The Defendant's 19 Motion for Temporary Stay of Briefing Schedule is GRANTED. The Defendant shall file a status report on or before 12/21/2020 updating the Court on the status of the additional production. Any remaining documents shall be produced to the Plaintiff on or before 1/19/2021. The parties shall then file a Joint Status Report on or before 2/17/2021 to inform the Court whether further briefing will be necessary and, if so, the proposed briefing schedule. The Court has considered Plaintiff's request for an expedited production schedule but believes the Defendant's request is reasonable in light of the recency of this case and the concerns laid out in the [19-1] Eggleston Declaration. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/19/2020. (lctnm2) (Entered: 11/19/2020)
2020-11-20		Set/Reset Deadlines: Defendant's Status Report due by 12/21/2020. Joint Status Report due by 2/17/2021. (hmc) (Entered: 11/20/2020)
2020-12-20	20	NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Duffey on behalf of UNITED STATES DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Benton Peterson (Duffey, Thomas) (Entered: 12/20/2020)
2020-12-21	21	STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 12/21/2020)
2021-02-17	22	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 02/17/2021)
2021-02-17		MINUTE ORDER. Upon consideration of the parties' 22 Joint Status Report, it is hereby ordered that the parties shall file a further joint status report on or before April 19, 2021 informing the Court whether further briefing will be necessary. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/17/2021. (lctnm2) (Entered: 02/17/2021)
2021-02-18		Set/Reset Deadlines: Joint Status Report due by 4/19/2021. (hmc) (Entered: 02/18/2021)
2021-04-19	23	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 04/19/2021)
2021-04-19		MINUTE ORDER. Upon consideration of the parties' 23 Joint Status Report, it is hereby ordered that the parties shall file a further joint status report on or before May 19, 2021 informing the Court whether further briefing will be necessary. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/19/2021. (lctnm2) (Entered: 04/19/2021)
2021-04-20		Set/Reset Deadlines: Joint Status Report due by 5/19/2021. (hmc) (Entered: 04/20/2021)
2021-05-19	24	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 05/19/2021)
2021-05-19		MINUTE ORDER. Upon consideration of the parties' 24 Joint Status Report, it is hereby ordered that the parties shall file a further joint status report on or before June 21, 2021 informing the Court whether further briefing will be necessary. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/19/2021. (lctnm2) (Entered: 05/19/2021)
2021-05-19		Set/Reset Deadlines: Joint Status Report due by 6/21/2021. (hmc) (Entered: 05/19/2021)
2021-05-19		Set/Reset Deadlines: Joint Status Report due by 6/21/2021. (hmc) (Entered: 05/19/2021)
2021-06-10	25	MOTION for Summary Judgment by LOUISE TRAUMA CENTER LLC. (Attachments: # 1 Text of Proposed Order, # 2 Statement of Facts, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit)(Cleveland, David) (Entered: 06/10/2021)
2021-06-10		MINUTE ORDER. In light of Plaintiff's 25 Motion for Summary Judgment, the parties shall appear for a telephonic status conference on June 17, 2021 at 3:00 p.m. before Judge McFadden. Dial-in information will be emailed to the parties. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/10/2021. (lctnm2) (Entered: 06/10/2021)
2021-06-11		Set/Reset Deadlines/Hearings: Telephonic Status Conference scheduled for 6/17/2021, at 3:00 PM before Judge Trevor N. McFadden. (ztg) (Entered: 06/11/2021)
2021-06-17		Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 6/17/2021. 11 Motion for Summary Judgment; 15 Motion for Summary Judgment; 25 Motion for Summary Judgment; DENIED without prejudice. The parties are directed to meet and confer and provide a joint proposed scheduling order by 7/16/2021. (Court Reporter: Crystal Pilgrim.) (hmc) (Entered: 06/17/2021)
2021-07-16	26	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 07/16/2021)
2021-07-16		MINUTE ORDER. Upon consideration of the parties' 26 Joint Status Report, the parties shall adhere to the following briefing schedule: Defendant shall file a motion for summary judgment on or before September 16, 2021; Plaintiff shall file a combined opposition and cross-motion for summary judgment on or before October 15, 2021; Defendant shall file a combined opposition and reply on October 29, 2021; and Plaintiff shall file a reply, if any, on or before November 12, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/16/2021. (lctnm2) (Entered: 07/16/2021)
2021-07-21		Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 9/16/2021. Plaintiff's Opposition and Cross-Motion due by 10/15/2021. Defendant's opposition and reply due by 10/29/2021. Plaintiff's Reply due by 11/12/2021. (hmc) (Entered: 07/21/2021)
2021-09-16	27	MOTION for Summary Judgment with proposed order by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 09/16/2021)
2021-09-16	28	ERRATA by UNITED STATES DEPARTMENT OF HOMELAND SECURITY re 27 MOTION for Summary Judgment with proposed order filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Motion for Summary Judgment, # 2 Memorandum in Support, # 3 Statement of Facts, # 4 Declaration Jennifer Piateski, # 5 Vaughn Index 1, # 6 Vaughn Index 2, # 7 Vaughn Index Supplemental Productions, # 8 Text of Proposed Order)(Duffey, Thomas) (Entered: 09/16/2021)
2021-10-11	29	Cross MOTION for Summary Judgment by LOUISE TRAUMA CENTER LLC. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts Reply to Statement of Facts, # 3 Affidavit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Statement of Facts, # 12 Text of Proposed Order)(Cleveland, David) (Entered: 10/11/2021)
2021-10-11	30	Memorandum in opposition to re 27 MOTION for Summary Judgment with proposed order filed by LOUISE TRAUMA CENTER LLC. (See Docket Entry 29 to view document). (zeg) (Entered: 10/15/2021)
2021-10-25	31	MOTION for Extension of Time to File Response/Reply as to 29 Cross MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 10/25/2021)
2021-10-26		MINUTE ORDER granting 31 Motion for Extension of Time. The briefing schedule is adjusted as follows: Defendant's combined reply and opposition to Plaintiff's 29 Cross-Motion for Summary Judgment will be due by November 30, 2021; Plaintiff's reply will be due by December 14, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/26/21. (lctnm2) (Entered: 10/26/2021)
2021-10-26		Set/Reset Deadlines: Defendant's combined reply and opposition to Plaintiff's Cross-Motion for Summary Judgment due by 11/30/2021. Plaintiff's Reply due by 12/14/2021. (hmc) (Entered: 10/26/2021)
2021-11-24	32	MOTION for Extension of Time to File Response/Reply as to 29 Cross MOTION for Summary Judgment with proposed order by DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 11/24/2021)
2021-11-25		MINUTE ORDER granting 32 Motion for Extension of Time. Defendant shall file its combined reply and opposition to Plaintiff's 29 Cross-Motion for Summary Judgment by December 14, 2021. Plaintiff shall file its reply by December 30, 2021. Further requests for extension of time will be disfavored. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/25/21. (lctnm2) (Entered: 11/25/2021)
2021-11-29		Set/Reset Deadlines: Defendant's combined reply and opposition to Plaintiff's 29 Cross-Motion for Summary Judgment due by December 14, 2021. Plaintiff's reply due by December 30, 2021. (hmc) (Entered: 11/29/2021)
2021-12-13	33	MOTION for Extension of Time to File Response/Reply as to 29 Cross MOTION for Summary Judgment with proposed order by DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 12/13/2021)
2021-12-13		MINUTE ORDER denying 33 Motion for Extension of Time. The Court previously told Defendant that further requests would be disfavored. And Defendant has not abided by Paragraph 9(A) of this Courts 5 Standing Order, which requires any requests for extension of time to be made at least four days prior to any deadline. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/13/21. (lctnm2) (Entered: 12/13/2021)
2021-12-14	34	Memorandum in opposition to re 29 Cross MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Statement of Facts Reply to)(Duffey, Thomas) (Entered: 12/14/2021)
2021-12-14	35	REPLY to opposition to motion re 27 MOTION for Summary Judgment with proposed order filed by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Statement of Facts Reply to)(Duffey, Thomas) (Entered: 12/14/2021)
2021-12-21	36	REPLY to opposition to motion re 29 Cross MOTION for Summary Judgment filed by LOUISE TRAUMA CENTER LLC. (Attachments: # 1 Exhibit)(Cleveland, David) (Entered: 12/21/2021)
2022-04-11	37	MEMORANDUM OPINION re Defendant's 27 Motion for Summary Judgment and Plaintiff's 29 Cross-Motion for Summary Judgment. Signed by Judge Trevor N. McFadden on 4/11/22. (lctnm2) (Entered: 04/11/2022)
2022-04-11	38	ORDER. For the reasons stated in the 37 Memorandum Opinion, Defendant's 27 Motion for Summary Judgment is GRANTED in part and DENIED in part and Plaintiff's 29 Cross-Motion for Summary Judgment is GRANTED in part and DENIED in part. The Court also sets a further schedule for proceedings in this matter. See attached Order for details. Signed by Judge Trevor N. McFadden on 4/11/22. (lctnm2) (Entered: 04/11/2022)
2022-04-12		Set/Reset Deadlines/Hearings: Joint Status Report due by 5/11/2022. Telephonic Status Conference set for 5/16/2022 at 10:00 AM before Judge Trevor N. McFadden. (hmc) (Entered: 04/12/2022)
2022-05-09	39	MOTION to Alter Judgment as to 38 Order on Motion for Summary Judgment,,, 37 Memorandum & Opinion with proposed order by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Duffey, Thomas) (Entered: 05/09/2022)
2022-05-11	40	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 05/11/2022)
2022-05-13	41	Memorandum in opposition to re 39 MOTION to Alter Judgment as to 38 Order on Motion for Summary Judgment,,, 37 Memorandum & Opinion with proposed order filed by LOUISE TRAUMA CENTER LLC. (Cleveland, David) (Entered: 05/13/2022)
2022-05-16		Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 5/16/2022. Joint proposed scheduling order due by 7/22/2022. (Court Reporter: Lisa Edwards.) (hmc) (Entered: 05/16/2022)
2022-05-20	42	REPLY to opposition to motion re 39 MOTION to Alter Judgment as to 38 Order on Motion for Summary Judgment,,, 37 Memorandum & Opinion with proposed order filed by DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 05/20/2022)
2022-05-24	43	ORDER denying Defendant's 39 Motion to Alter Judgment. See attached Order for details. Signed by Judge Trevor N. McFadden on 5/24/22. (lctnm2) (Entered: 05/24/2022)
2022-07-23	44	STATUS REPORT with proposed order by DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 07/23/2022)
2022-07-25		MINUTE ORDER. Upon consideration of the 44 Status Report, the Court directs the parties to submit a JSR by August 22, 2022 updating the Court on the status of the supplemental search. That JSR should reflect the parties' joint position on further proceedings. Plaintiff's counsel should endeavor to confer with defense counsel going forward. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/25/22. (lctnm2) (Entered: 07/25/2022)
2022-07-25		Set/Reset Deadlines: Joint Status Report due by 8/22/2022. (ztg) (Entered: 07/25/2022)
2022-08-22	45	Joint STATUS REPORT by LOUISE TRAUMA CENTER LLC. (Cleveland, David) (Entered: 08/22/2022)
2022-08-23		MINUTE ORDER. Upon consideration of the 45 Joint Status Report, the Court hereby ORDERS the parties to appear for a Status Conference at 2:00 p.m. on September 20, 2022 in Courtroom 2 before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/23/22. (lctnm2) (Entered: 08/23/2022)
2022-08-23		Set/Reset Hearings: Status Conference set for 9/20/2022 at 2:00 PM in Courtroom 2- In Person before Judge Trevor N. McFadden. (hmc) (Entered: 08/23/2022)
2022-09-16	46	STATUS REPORT by LOUISE TRAUMA CENTER LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Cleveland, David) (Entered: 09/16/2022)
2022-09-20		Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 9/20/2022. Joint Status Report due by 10/31/2022, addressing the status of the search of the remaining document. The Government is directed to respond to the Plaintiff's outstanding concerns. (Court Reporter: Lisa Edwards.) (hmc) (Entered: 09/20/2022)
2022-10-31	47	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 10/31/2022)
2022-11-01		MINUTE ORDER: Upon consideration of the 47 Joint Status Report, the parties are directed to file another JSR by November 30, 2022, updating the Court on the progress of plaintiff's request, and, if necessary, propose a briefing schedule. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/1/2022. (lctnm2) (Entered: 11/01/2022)
2022-11-01		Set/Reset Deadlines: Joint Status Report due by 11/30/2022. (hmc) (Entered: 11/01/2022)
2022-11-23	48	MOTION for Attorney Fees by LOUISE TRAUMA CENTER LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Cleveland, David) (Entered: 11/23/2022)
2022-11-30	49	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 11/30/2022)
2022-12-01	50	MOTION for Extension of Time to File Response/Reply as to 48 MOTION for Attorney Fees with proposed order by DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 12/01/2022)
2022-12-02	51	ORDER denying Plaintiff's 48 Motion for Attorney Fees. It is further ORDERED that Defendant's 50 Motion for an Extension of Time is denied as moot. The Court also sets a further schedule for proceedings in this matter. See attached Order for details. Signed by Judge Trevor N. McFadden on 12/2/2022. (lctnm2) (Entered: 12/02/2022)
2023-01-13	52	STATUS REPORT by LOUISE TRAUMA CENTER LLC. (Cleveland, David) (Entered: 01/13/2023)
2023-01-13	53	STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 01/13/2023)
2023-01-14	54	MOTION for Attorney Fees by LOUISE TRAUMA CENTER LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Cleveland, David) (Entered: 01/14/2023)
2023-01-16		MINUTE ORDER: Upon consideration of Plaintiff's 52 Status Report and Defendant's 53 Status Report, Defendant is hereby ORDERED to respond to Plaintiff's 54 Motion for Attorney Fees on or before March 13, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/16/2023. (lctnm2) (Entered: 01/16/2023)
2023-01-17		Set/Reset Deadlines: Defendant's response due by 3/13/2023. (hmc) (Entered: 01/17/2023)
2023-02-21	55	NOTICE OF SUBSTITUTION OF COUNSEL by Fithawi Berhane on behalf of DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Thomas Duffey (Berhane, Fithawi) (Entered: 02/21/2023)
2023-03-07	56	Consent MOTION for Extension of Time to File Memorandum In Opposition to Plaintiff's Motion for Attorney's Fees by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 03/07/2023)
2023-03-08		MINUTE ORDER granting 56 Consent Motion for Extension of Time. Defendant's opposition to 54 Motion for Attorney Fees shall now be due on or before March 23, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/8/2023. (lctnm2) (Entered: 03/08/2023)
2023-03-08		Set/Reset Deadlines: Opposition due by 3/23/2023. (hmc) (Entered: 03/08/2023)
2023-03-23	57	Memorandum in opposition to re 54 Motion for Attorney Fees filed by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Berhane, Fithawi) (Entered: 03/23/2023)
2023-03-28	58	REPLY to opposition to motion re 54 MOTION for Attorney Fees filed by LOUISE TRAUMA CENTER LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Cleveland, David) (Entered: 03/28/2023)
2023-05-16	59	MEMORANDUM OPINION re Plaintiff's 54 Motion for Attorney's Fees. See attached Opinion for details. Signed by Judge Trevor N. McFadden on 5/16/2023. (lctnm2) (Entered: 05/16/2023)
2023-05-16	60	ORDER. For the reasons stated in the 59 Memorandum Opinion, Plaintiff's 54 Motion for Attorney's Fees is GRANTED in part. See attached Order for details. This is a final, appealable Order. The Clerk of Court shall close this case. Signed by Judge Trevor N. McFadden on 5/16/2023. (lctnm2) (Entered: 05/16/2023)
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