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Case TitleAMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02195
Date Filed2020-08-11
Date Closed2022-07-22
JudgeJudge Christopher R. Cooper
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted FOIA requests to the Department of Homeland Security and the Department of Defense for records concerning actions taken under the Defense Production Act to reroute or reprioritize specific shipments of emergency supplies during the pandemic. American Oversight also requested expedited processing. The agencies acknowledged receipt of the requests. The Federal Emergency Management Agency granted American Oversight's request for expedited processing. After hearing nothing further from any of the agencies, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantFEDERAL EMERGENCY MANAGEMENT AGENCY
DefendantU.S. DEPARTMENT OF DEFENSE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-08-111COMPLAINT against FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number ADCDC-7449370) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons (USAO), # 3 Summons (AG), # 4 Summons (DHS), # 5 Summons (FEMA), # 6 Summons (DOD))(Anthony, Katherine) (Entered: 08/11/2020)
2020-08-112LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Anthony, Katherine) (Entered: 08/11/2020)
2020-08-11Case Assigned to Judge Christopher R. Cooper. (zmd) (Entered: 08/11/2020)
2020-08-113SUMMONS (5) Issued Electronically as to FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 08/11/2020)
2020-08-134MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Megan C. Field, Filing fee $ 100, receipt number ADCDC-7458755. Fee Status: Fee Paid. by AMERICAN OVERSIGHT (Attachments: # 1 Declaration of Megan C. Field, # 2 Text of Proposed Order)(Anthony, Katherine) (Entered: 08/13/2020)
2020-08-13MINUTE ORDER granting 4 Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). For instructions visit the following link: https://www.dcd.uscourts.gov/attorney-admissions-and-renewal-information. Signed by Judge Christopher R. Cooper on 08/13/2020. (lccrc3) (Entered: 08/13/2020)
2020-08-185NOTICE of Appearance by Megan Field on behalf of AMERICAN OVERSIGHT (Field, Megan) (Entered: 08/18/2020)
2020-08-276RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/17/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 9/16/2020.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/17/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL EMERGENCY MANAGEMENT AGENCY served on 8/17/2020; U.S. DEPARTMENT OF DEFENSE served on 8/17/2020; U.S. DEPARTMENT OF HOMELAND SECURITY served on 8/24/2020 (Attachments: # 1 Declaration of Olivia I. Bravo)(Anthony, Katherine) (Entered: 08/27/2020)
2020-09-027NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Megan Field terminated. (Field, Megan) (Entered: 09/02/2020)
2020-09-138NOTICE of Appearance by Kathleene A. Molen on behalf of All Defendants (Molen, Kathleene) (Entered: 09/13/2020)
2020-09-149Unopposed MOTION for Extension of Time to File Answer by FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 09/14/2020)
2020-09-15MINUTE ORDER granting 9 Motion for Extension of Time to Answer. Defendants shall answer or otherwise respond to the Complaint on or before September 30, 2020. The parties shall meet and confer prior to October 14, 2020, and submit a Joint Status Report on October 14, 2020, updating the Court on the current status of Plaintiffs FOIA requests. SO ORDERED. Signed by Judge Christopher R. Cooper on 09/15/2020. (lccrc3) (Entered: 09/15/2020)
2020-09-15Set/Reset Deadlines: Joint Status Report due by 10/14/2020 (lsj) (Entered: 09/15/2020)
2020-09-3010ANSWER to Complaint by FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Molen, Kathleene) (Entered: 09/30/2020)
2020-10-1411Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order (Plaintiff's Proposed Order), # 2 Text of Proposed Order (Defendants' Proposed Order))(Anthony, Katherine) (Entered: 10/14/2020)
2020-10-16STATUS REPORT MINUTE ORDER: In light of the 11 Joint Status Report, the parties are hereby ordered to file a further Joint Status Report on or before 11/12/2020. The Court will expect the next Joint Status Report to include more detailed information about the status of DHS's searches. Signed by Judge Christopher R. Cooper on 10/16/2020. (lccrc3) Modified to add "minute" on 10/22/2020 (znmw). (Entered: 10/16/2020)
2020-11-1212Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 11/12/2020)
2020-11-16MINUTE ORDER: In light of the 12 Joint Status Report, it is hereby ordered that the parties shall meet and confer on or before December 4, 2020. It is further ordered that the parties shall file a further Joint Status Report on or before December 21, 2020. Signed by Judge Christopher R. Cooper on 11/16/2020. (lccrc3) (Entered: 11/16/2020)
2020-12-2113Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 12/21/2020)
2020-12-23MINUTE ORDER: In light of the 13 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before January 21, 2021. Signed by Judge Christopher R. Cooper on 12/23/2020. (lccrc3) (Entered: 12/23/2020)
2021-01-2114Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 01/21/2021)
2021-01-22MINUTE ORDER: In light of the 14 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before February 22, 2021. Signed by Judge Christopher R. Cooper on 01/22/2021. (lccrc3) (Entered: 01/22/2021)
2021-02-2215Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(Anthony, Katherine) (Entered: 02/22/2021)
2021-02-23MINUTE ORDER: In light of the 15 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before March 22, 2021. Signed by Judge Christopher R. Cooper on 02/23/2021. (lccrc3) (Entered: 02/23/2021)
2021-03-2216Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY. (Molen, Kathleene) (Entered: 03/22/2021)
2021-03-23MINUTE ORDER: In light of the 16 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before April 22, 2021. Signed by Judge Christopher R. Cooper on 03/23/2021. (lccrc3) (Entered: 03/23/2021)
2021-04-2217Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 04/22/2021)
2021-04-23MINUTE ORDER: In light of the 17 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before May 20, 2021. Signed by Judge Christopher R. Cooper on 04/23/2021. (lccrc3) (Entered: 04/23/2021)
2021-04-23Set/Reset Deadlines: Joint Status Report due by 5/20/2021. (nbn) (Entered: 04/26/2021)
2021-05-2018Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 05/20/2021)
2021-05-21MINUTE ORDER: In light of the 18 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before June 22, 2021. Signed by Judge Christopher R. Cooper on 05/21/2021. (lccrc3) (Entered: 05/21/2021)
2021-06-2219Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(Anthony, Katherine) (Entered: 06/22/2021)
2021-06-23MINUTE ORDER: In light of the 19 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before July 22, 2021. Signed by Judge Christopher R. Cooper on 06/23/2021. (lccrc3) (Entered: 06/23/2021)
2021-07-2220Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(Anthony, Katherine) (Entered: 07/22/2021)
2021-07-27MINUTE ORDER: The parties are hereby directed to appear by video for a status conference on August 3, 2021, at 11:00 A.M. Video connection information will be provided to the parties separately. Signed by Judge Christopher R. Cooper on 07/27/2021. (lccrc3) (Entered: 07/27/2021)
2021-08-0321NOTICE of Appearance by Taylor Stoneman on behalf of AMERICAN OVERSIGHT (Stoneman, Taylor) (Main Document 21 replaced on 8/4/2021) (ztd). (Entered: 08/03/2021)
2021-08-03MINUTE ORDER: The parties are hereby directed to file their next Joint Status Report on or before August 24, 2021. Signed by Judge Christopher R. Cooper on 08/03/2021. (lccrc3) (Entered: 08/03/2021)
2021-08-2422Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 08/24/2021)
2021-08-25MINUTE ORDER: In light of the 22 Joint Status Report, the parties are hereby directed to file their next Joint Status Report on or before September 23, 2021. Signed by Judge Christopher R. Cooper on 08/25/2021. (lccrc3) (Entered: 08/25/2021)
2021-09-2323Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 09/23/2021)
2021-09-28MINUTE ORDER: In light of the 23 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before October, 26, 2021. Signed by Judge Christopher R. Cooper on 9/28/2021. (lccrc3) (Entered: 09/28/2021)
2021-10-2624Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 10/26/2021)
2021-10-28MINUTE ORDER: In light of the 24 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before November 30, 2021. The parties' next report shall include an update on when the Department of Defense expects to complete its new search, if DOD has an estimated completion date. Further, the parties shall update the Court on whether they have reached an agreement on the rate of review for Request 2020 FEFO-00665 (regarding FEMA); if no agreement is reached and the Court's intervention is needed, the parties shall submit competing proposals with their next Joint Status Report. So Ordered. Signed by Judge Christopher R. Cooper on 10/28/2021. (lccrc3) (Entered: 10/28/2021)
2021-11-1225NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Duffey on behalf of DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF DEFENSE Substituting for attorney Kathleen Molen (Duffey, Thomas) (Entered: 11/12/2021)
2021-11-3026Joint STATUS REPORT with proposed order by DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF DEFENSE. (Duffey, Thomas) (Entered: 11/30/2021)
2021-12-02MINUTE ORDER: In light of the 26 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before January 31, 2022. Signed by Judge Christopher R. Cooper on 12/2/2021. (lccrc3) (Entered: 12/02/2021)
2022-01-3127Joint STATUS REPORT with proposed order by DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF DEFENSE. (Duffey, Thomas) (Entered: 01/31/2022)
2022-02-01MINUTE ORDER: In light of the 27 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before March 2, 2022. Signed by Judge Christopher R. Cooper on 2/1/2022. (lccrc3) (Entered: 02/01/2022)
2022-03-0228Joint STATUS REPORT with proposed order by DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF DEFENSE. (Duffey, Thomas) (Entered: 03/02/2022)
2022-03-04MINUTE ORDER: In light of the 28 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before April 1, 2022. Signed by Judge Christopher R. Cooper on 3/4/2022. (lccrc3) (Entered: 03/04/2022)
2022-04-0129Joint STATUS REPORT with proposed order by DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF DEFENSE. (Duffey, Thomas) (Entered: 04/01/2022)
2022-04-06MINUTE ORDER: In light of the 29 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before June 1, 2022. Signed by Judge Christopher R. Cooper on 4/6/2022. (lccrc3) (Entered: 04/06/2022)
2022-06-0130Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF DEFENSE. (Duffey, Thomas) (Entered: 06/01/2022)
2022-06-02MINUTE ORDER: In light of the 30 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before July 21, 2022. In the next report, the parties shall indicate whether Plaintiff intends to challenge the adequacy of Defendants' searches or whether any other disputes remain. If any disputes remain, the parties shall propose a briefing schedule. So Ordered by Judge Christopher R. Cooper on 6/2/2022. (lccrc3) (Entered: 06/02/2022)
2022-07-2131STIPULATION of Dismissal by AMERICAN OVERSIGHT. (Stoneman, Taylor) (Entered: 07/21/2022)
2022-07-21MINUTE ORDER: In light of the 31 Joint Stipulation of Dismissal, this case is hereby dismissed. Signed by Judge Christopher R. Cooper on 7/21/2022. (lccrc3) (Entered: 07/21/2022)
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