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Case TitleLEOPOLD et al v. U.S. DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02179
Date Filed2020-08-10
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffJASON LEOPOLD
PlaintiffBUZZFEED INC.
Case DescriptionJournalist Jason Leopold submitted a FOIA request to Department of Homeland Security, Department of Interior, and the General Services Administration for records concerning riots and protests in Minneapolis, Washington, and Los Angeles stemming from the killing of George Floyd. Leopold also requested expedited processing. The agencies acknowledged receipt of the request. Several agencies granted expedited processing. However, after hearing nothing further from any of the agencies, Leopold filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
DefendantNATIONAL PROTECTION AND PROGRAMS DIRECTORATE
DefendantFEDERAL PROTECTIVE SERVICE
DefendantCYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY
DefendantOFFICE OF INTELLIGENCE & ANALYSIS
DefendantOFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES
DefendantOFFICE OF OPERATIONS COORDINATION AND PLANNING
DefendantU.S. SECRET SERVICE
DefendantU.S. CUSTOMS AND BORDER PROTECTION
DefendantGENERAL SERVICES ADMINISTRATION
DefendantU.S. DEPARTMENT OF INTERIOR
DefendantNATIONAL PARK SERVICE
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

2020-08-101COMPLAINT against CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY, FEDERAL PROTECTIVE SERVICE, GENERAL SERVICES ADMINISTRATION, NATIONAL PARK SERVICE, NATIONAL PROTECTION AND PROGRAMS DIRECTORATE, OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES, OFFICE OF INTELLIGENCE & ANALYSIS, OFFICE OF OPERATIONS COORDINATION AND PLANNING, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF INTERIOR, U.S. SECRET SERVICE ( Filing fee $ 400 receipt number ADCDC-7444533) filed by BUZZFEED INC., JASON LEOPOLD. (Attachments: # 1 Exhibit A-E, # 2 Exhibit F-J, # 3 Exhibit K-L, # 4 Civil Cover Sheet, # 5 Summons)(Topic, Matthew) (Entered: 08/10/2020)
2020-08-102NOTICE of Appearance by Matthew Topic on behalf of BUZZFEED INC., JASON LEOPOLD (Topic, Matthew) (Entered: 08/10/2020)
2020-08-103LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BUZZFEED INC. (Topic, Matthew) (Entered: 08/10/2020)
2020-08-10Case assigned to Judge Colleen Kollar-Kotelly. (zmc) (Entered: 08/10/2020)
2020-08-124SUMMONS (14) Issued Electronically as to CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY, FEDERAL PROTECTIVE SERVICE, GENERAL SERVICES ADMINISTRATION, NATIONAL PARK SERVICE, NATIONAL PROTECTION AND PROGRAMS DIRECTORATE, OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES, OFFICE OF INTELLIGENCE & ANALYSIS, OFFICE OF OPERATIONS COORDINATION AND PLANNING, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF INTERIOR, U.S. SECRET SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 08/12/2020)
2020-08-125ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 08/12/2020. (DM) (Entered: 08/12/2020)
2020-08-286NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) (Entered: 08/28/2020)
2020-09-177NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A Gonzalez on behalf of CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY, FEDERAL PROTECTIVE SERVICE, GENERAL SERVICES ADMINISTRATION, NATIONAL PARK SERVICE, NATIONAL PROTECTION AND PROGRAMS DIRECTORATE, OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES, OFFICE OF INTELLIGENCE & ANALYSIS, OFFICE OF OPERATIONS COORDINATION AND PLANNING, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF INTERIOR, U.S. SECRET SERVICE Substituting for attorney Johnny H. Walker (Gonzalez, Brenda) (Entered: 09/17/2020)
2020-09-258Unopposed MOTION for Extension of Time to File Response to Plaintiffs' Complaint by CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY, FEDERAL PROTECTIVE SERVICE, GENERAL SERVICES ADMINISTRATION, NATIONAL PARK SERVICE, NATIONAL PROTECTION AND PROGRAMS DIRECTORATE, OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES, OFFICE OF INTELLIGENCE & ANALYSIS, OFFICE OF OPERATIONS COORDINATION AND PLANNING, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF INTERIOR, U.S. SECRET SERVICE (Gonzalez, Brenda) Modified relief on 9/29/2020 (ztd). (Entered: 09/25/2020)
2020-09-25MINUTE ORDER. The Court is in receipt of Defendants' 8 Unopposed Motion for Extension of Time. Defendants' response to Plaintiff's Complaint is due September 28, 2020. Defendant indicates that it requires additional time in order to adequately confer with agency counsel. Defendants' Motion is GRANTED. Defendants' response is due OCTOBER 12, 2020. Signed by Judge Colleen Kollar-Kotelly on 9-25-2020. (lcckk3) (Entered: 09/25/2020)
2020-09-25Set/Reset Deadlines: Answer due by 10/12/2020. (dot) (Entered: 09/28/2020)
2020-09-299RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 8/24/2020 (Topic, Matthew) (Entered: 09/29/2020)
2020-09-2910RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 8/24/2020 (Topic, Matthew) (Entered: 09/29/2020)
2020-09-2911RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF INTERIOR served on 8/26/2020 (Topic, Matthew) (Entered: 09/29/2020)
2020-09-2912RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL PROTECTIVE SERVICE served on 8/26/2020 (Topic, Matthew) (Entered: 09/29/2020)
2020-09-2913RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. GENERAL SERVICES ADMINISTRATION served on 8/27/2020 (Topic, Matthew) (Entered: 09/29/2020)
2020-09-2914RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF INTELLIGENCE & ANALYSIS served on 8/24/2020 (Topic, Matthew) (Entered: 09/29/2020)
2020-09-2915RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL PARK SERVICE served on 9/8/2020 (Topic, Matthew) Modified date served on 10/4/2020 (ztd). (Entered: 09/29/2020)
2020-09-2916RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES served on 9/2/2020 (Topic, Matthew) (Entered: 09/29/2020)
2020-09-2917RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF OPERATIONS COORDINATION AND PLANNING served on 8/24/2020 (Topic, Matthew) (Entered: 09/29/2020)
2020-09-2918RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. SECRET SERVICE served on 8/27/2020 (Topic, Matthew) (Entered: 09/29/2020)
2020-09-2919RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/27/2020. (Topic, Matthew) (Entered: 09/29/2020)
2020-09-2920RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/28/2020. Answer due for ALL FEDERAL DEFENDANTS by 9/27/2020. (Topic, Matthew) (Entered: 09/29/2020)
2020-10-1221Unopposed MOTION for Extension of Time to File Response to Plaintiff's Complaint by CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY, FEDERAL PROTECTIVE SERVICE, GENERAL SERVICES ADMINISTRATION, NATIONAL PARK SERVICE, NATIONAL PROTECTION AND PROGRAMS DIRECTORATE, OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES, OFFICE OF INTELLIGENCE & ANALYSIS, OFFICE OF OPERATIONS COORDINATION AND PLANNING, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF INTERIOR, U.S. SECRET SERVICE (Gonzalez Horowitz, Brenda) (Entered: 10/12/2020)
2020-10-13MINUTE ORDER. The Court is in receipt of Defendants' 21 Unopposed Motion for Extension of Time. Defendants request a one-day extension to respond to Plaintiff's Complaint due to the federal holiday on October 12, 2020. This is Defendant's second request for an extension of time. Defendants' Motion is GRANTED. Defendants' response is due OCTOBER 13, 2020. Signed by Judge Colleen Kollar-Kotelly on 10/13/2020. (lcckk3) (Entered: 10/13/2020)
2020-10-1322ANSWER to Complaint by CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY, FEDERAL PROTECTIVE SERVICE, GENERAL SERVICES ADMINISTRATION, NATIONAL PARK SERVICE, NATIONAL PROTECTION AND PROGRAMS DIRECTORATE, OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES, OFFICE OF INTELLIGENCE & ANALYSIS, OFFICE OF OPERATIONS COORDINATION AND PLANNING, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF INTERIOR, U.S. SECRET SERVICE.(Gonzalez Horowitz, Brenda) (Entered: 10/13/2020)
2020-10-1423ORDER for meet and confer and joint status report. Signed by Judge Colleen Kollar-Kotelly on 10/14/2020. (lcckk3) (Entered: 10/14/2020)
2020-10-14Set/Reset Deadlines: Joint Meet & Confer Statement due by 11/20/2020. (dot) (Entered: 10/14/2020)
2020-11-2024Joint STATUS REPORT by CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY, FEDERAL PROTECTIVE SERVICE, GENERAL SERVICES ADMINISTRATION, NATIONAL PARK SERVICE, NATIONAL PROTECTION AND PROGRAMS DIRECTORATE, OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES, OFFICE OF INTELLIGENCE & ANALYSIS, OFFICE OF OPERATIONS COORDINATION AND PLANNING, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF INTERIOR, U.S. SECRET SERVICE. (Gonzalez-Horowitz, Brenda) (Entered: 11/20/2020)
2020-11-23MINUTE ORDER. The Court is in receipt of the parties' 24 Joint Status Report. Defendant U.S. Secret Service has identified to date approximately 4,000 pages of responsive documents, anticipates completing processing by March 2021, and will then begin production. Defendant U.S. Customs and Border Protection has identified approximately 275 pages of potentially responsive documents and anticipates an initial production by December 31, 2020, but notes that its search is ongoing. Defendant U.S. Department of Interior indicates that it has not received Plaintiffs' FOIA requests. All other Defendants indicate that they are processing Plaintiffs' requests and have not yet identified the number of responsive documents. Plaintiffs have agreed to narrow the scope of their requests to the U.S. Department of Homeland Security Defendants (including the Federal Protective Service, Cybersecurity and Infrastructure Security Agency, Office for Civil Rights and Civil Liberties, and the Office of Operations Coordination and Planning). Defendant National Park Service indicates that it intends to confer with Plaintiffs concerning the scope of their requests. The Court ORDERS the parties to file a further status report by DECEMBER 20, 2020, updating the Court on the status of Defendants' responses to Plaintiffs' FOIA requests. The parties shall discuss and indicate in their next status report whether Defendants will make rolling productions of responsive records. The Court also ORDERS the parties to file further status reports every 30 days thereafter. The parties may file additional status reports if issues arise requiring the Court's attention. Signed by Judge Colleen Kollar-Kotelly on 11/23/2020. (lcckk3) (Entered: 11/23/2020)
2020-11-23Set/Reset Deadlines: Joint Status Report due by 12/20/2020, updating the Court on the status of Defendants' responses to Plaintiffs' FOIA requests. (dot) (Entered: 11/23/2020)
2020-12-2125Joint STATUS REPORT by CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY, FEDERAL PROTECTIVE SERVICE, GENERAL SERVICES ADMINISTRATION, NATIONAL PARK SERVICE, NATIONAL PROTECTION AND PROGRAMS DIRECTORATE, OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES, OFFICE OF INTELLIGENCE & ANALYSIS, OFFICE OF OPERATIONS COORDINATION AND PLANNING, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF INTERIOR, U.S. SECRET SERVICE. (Gonzalez-Horowitz, Brenda) (Entered: 12/21/2020)
2021-01-2126Joint STATUS REPORT by NATIONAL PARK SERVICE, NATIONAL PROTECTION AND PROGRAMS DIRECTORATE, OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES, OFFICE OF INTELLIGENCE & ANALYSIS, OFFICE OF OPERATIONS COORDINATION AND PLANNING, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF INTERIOR, U.S. SECRET SERVICE. (Gonzalez-Horowitz, Brenda) (Entered: 01/21/2021)
2021-02-2227Joint STATUS REPORT by CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY, FEDERAL PROTECTIVE SERVICE, GENERAL SERVICES ADMINISTRATION, NATIONAL PARK SERVICE, NATIONAL PROTECTION AND PROGRAMS DIRECTORATE, OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES, OFFICE OF INTELLIGENCE & ANALYSIS, OFFICE OF OPERATIONS COORDINATION AND PLANNING, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF INTERIOR, U.S. SECRET SERVICE. (Gonzalez-Horowitz, Brenda) (Entered: 02/22/2021)
2021-03-2328Joint STATUS REPORT by CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY, FEDERAL PROTECTIVE SERVICE, GENERAL SERVICES ADMINISTRATION, NATIONAL PARK SERVICE, NATIONAL PROTECTION AND PROGRAMS DIRECTORATE, OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES, OFFICE OF INTELLIGENCE & ANALYSIS, OFFICE OF OPERATIONS COORDINATION AND PLANNING, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF INTERIOR, U.S. SECRET SERVICE. (Gonzalez-Horowitz, Brenda) (Entered: 03/23/2021)
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