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DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02468
Date Filed2020-09-03
Date ClosedOpen
JudgeJudge Royce C. Lamberth
Case DescriptionNational Public Radio reporter Tom Dreisbach submitted a FOIA request to the Department of Homeland Security for records concerning inspection and investigative reports prepared by the Office of Civil Rights and Civil Liberties pertaining to the examination of immigration detention facilities operated under the auspices of U.S. Immigration and Customs Enforcement. The agency acknowledged receipt of the request. Although the agency had identified 1.076 responsive pages, it withheld them entirely under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). NPR filed an administrative appeal of the denial. The agency told NPR that it was remanding the case back to CRCL to consider whether non-segregable information withheld under Exemption 5 could be disclosed. After the agency failed to respond to the remand after 30 days, the appellate authority told NPR that it could consider the action final and filed suit. NPR then filed suit.
Complaint issues: Litigation - Attorney's fees, Segregability - Disclosure of all non-exempt records

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User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-09-031COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number ADCDC-7548269) filed by NATIONAL PUBLIC RADIO, INC., TOM DREISBACH. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Civil Cover Sheet, # 8 Notice of Related Case, # 9 Summons to DHS, # 10 Summons to USAO, # 11 Summons to AG)(Mishkin, Maxwell) (Entered: 09/03/2020)
2020-09-032LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by NATIONAL PUBLIC RADIO, INC. (Mishkin, Maxwell) (Entered: 09/03/2020)
2020-09-033NOTICE OF RELATED CASE by TOM DREISBACH, NATIONAL PUBLIC RADIO, INC.. Case related to Case No. 18-cv-2051. (zmc) (Entered: 09/04/2020)
2020-09-04Case Assigned to Judge Royce C. Lamberth. (zsb) (Entered: 09/04/2020)
2020-09-044SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 09/04/2020)
2020-09-155RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/8/2020. Answer due for ALL FEDERAL DEFENDANTS by 10/8/2020. (Mishkin, Maxwell) (Entered: 09/15/2020)
2020-09-236RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/14/2020. (Mishkin, Maxwell) (Entered: 09/23/2020)
2020-10-087NOTICE of Appearance by Daniel Patrick Schaefer on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY (Schaefer, Daniel) (Entered: 10/08/2020)
2020-10-088ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY.(Schaefer, Daniel) (Entered: 10/08/2020)
2020-10-099ORDER directing the government to file a Vaughn Index and any supporting dispositive motions by 11/08/2020. Signed by Judge Royce C. Lamberth on 10/09/2020. (lcrcl3) (Entered: 10/09/2020)
2020-10-13Set/Reset Deadlines: Vaughn Index due by 11/8/2020 (lsj) (Entered: 10/13/2020)
2020-11-0910Joint MOTION to Vacate 9 Order by TOM DREISBACH, NATIONAL PUBLIC RADIO, INC. (Attachments: # 1 Text of Proposed Order Plaintiffs' Proposed Order, # 2 Text of Proposed Order Defendant's Proposed Order)(Mishkin, Maxwell) (Entered: 11/09/2020)
2020-11-1611ORDER granting 10 Motion to Vacate and adopting defendant's scheduling proposal; Set/Reset Deadlines: Joint Status Report due by 4/30/2021. Signed by Judge Royce C. Lamberth on 11/16/2020. (lcrcl3) (Entered: 11/16/2020)
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