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Case TitlePUBLIC CITIZEN, INC. v. DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00061
Date Filed2016-01-13
Date Closed2016-07-21
JudgeJudge Randolph D. Moss
PlaintiffPUBLIC CITIZEN, INC.
Case DescriptionPublic Citizen submitted a FOIA request to the Department of Homeland Security for a 2013 legal memo from Ingersoll-Rand arguing that DHS's ban on awarding contracts to U.S. company's who had moved abroad to avoid U.S. taxes was invalid, the agency's response to the Ingersoll-Rand memo and any related records. Public Citizen also requested a fee waiver. DHS acknowledged receipt of the request and granted Public Citizen a conditional fee waiver based on whether or not records responsive to Public Citizen's request were determined to be of public interest. The agency indicated that if Public Citizen's fee waiver request was turned down it would construe Public Citizen's submission as an agreement to pay $25.00. Public Citizen told DHS that it had not agreed to pay $25.00. After hearing nothing further from the agency, Public Citizen filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Public Interest Fee Waiver

DefendantDEPARTMENT OF HOMELAND SECURITY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 Stipulation of Dismissal
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-01-131COMPLAINT against DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-4376761) filed by PUBLIC CITIZEN, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Clattenburg, Rachel) (Entered: 01/13/2016)
2016-01-132SUMMONS (3) Issued as to DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Forms)(jd, ) (Entered: 01/13/2016)
2016-01-13Case Assigned to Judge Randolph D. Moss. (md) (Entered: 01/13/2016)
2016-01-133RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/13/2016. Answer due for ALL FEDERAL DEFENDANTS by 2/12/2016. (Clattenburg, Rachel) (Entered: 01/13/2016)
2016-02-024MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 02/02/2016)
2016-02-03MINUTE ORDER: Upon consideration of Defendant's Motion for Extension of Time 4 , it is hereby ORDERED that the motion is GRANTED. Defendant shall answer or otherwise respond to the complaint on or before March 14, 2016. Signed by Judge Randolph D. Moss on 2/3/2016. (lcrdm1, ) (Entered: 02/03/2016)
2016-02-03Set/Reset Deadline: Defendant shall answer or otherwise respond to the complaint on or before 3/14/2016. (kt) (Entered: 02/03/2016)
2016-02-115RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/20/2016. (Attachments: # 1 Exhibit)(Clattenburg, Rachel) (Entered: 02/11/2016)
2016-03-106LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PUBLIC CITIZEN, INC. (Clattenburg, Rachel) (Entered: 03/10/2016)
2016-03-147ANSWER to Complaint by DEPARTMENT OF HOMELAND SECURITY.(Ross, Carl) (Entered: 03/14/2016)
2016-03-158SCHEDULING ORDER: It is hereby ORDERED that defendant shall file a dispositive motion on or before May 14, 2016. Plaintiff may incorporate a motion for summary judgment into its response to defendant's motion or simultaneously file a cross-motion for summary judgment. See document for details. Signed by Judge Randolph D. Moss on 3/15/2016. (lcrdm1, ) (Entered: 03/15/2016)
2016-03-16Set/Reset Deadline: Defendant shall file a dispositive motion on or before 5/14/2016. (kt) (Entered: 03/16/2016)
2016-04-149NOTICE of Appearance by Julie A. Murray on behalf of PUBLIC CITIZEN, INC. (Murray, Julie) (Entered: 04/14/2016)
2016-05-1210MOTION for Extension of Time to File by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 05/12/2016)
2016-05-1211Memorandum in opposition to re 10 MOTION for Extension of Time to File filed by PUBLIC CITIZEN, INC.. (Murray, Julie) (Entered: 05/12/2016)
2016-05-16MINUTE ORDER: Upon consideration of Defendant's Motion for Extension of Time 10 and Plaintiff's Opposition thereto 11 , it is hereby ORDERED that the motion is GRANTED in part and DENIED in part. Defendant's dispositive motion shall be due on or before June 10, 2016. Plaintiff's opposition and/or cross-motion shall be due on or before July 11, 2016. If Defendant believes that a further extension of time remains warranted, it shall file a status report stating: (1) the date on which it determined that it needed to inform a third-party of Plaintiff's FOIA request, (2) the dates on which it notified any such third-parties of Plaintiff's FOIA request and subsequent lawsuit, (3) whether, to its knowledge, those third-parties intend to object to disclosure, (4) whether, absent an objection, it intends to assert a FOIA exemption with respect to the documents in which those third-parties may have a protected interest, and (4) the date on which any such third-party objections are due to it. Signed by Judge Randolph D. Moss on 5/16/2016. (lcrdm1, ) (Entered: 05/16/2016)
2016-05-16Set/Reset Deadlines: Defendant's dispositive motion shall be due on or before 6/10/2016; Plaintiff's opposition and/or cross-motion shall be due on or before 7/11/2016. (kt) (Entered: 05/16/2016)
2016-06-1312MOTION for Order to Show Cause by PUBLIC CITIZEN, INC. (Attachments: # 1 Text of Proposed Order)(Clattenburg, Rachel) (Entered: 06/13/2016)
2016-06-1313STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 06/13/2016)
2016-06-13MINUTE ORDER: Upon consideration of Plaintiff's Motion for Order to Show Cause 12 and Defendant's Status Report and Motion for Extension of Time nunc pro tunc 13 , it is hereby ORDERED that Defendant shall make its release of information to Plaintiff on or before June 14, 2016 at 12 pm. In light of the fact that the Motion for Extension of Time is opposed, and in light of the fact that this action has been pending since January 2016, the parties shall appear for a status conference regarding the schedule for further proceedings in this case on June 17, 2016, at 2 pm in Courtroom 21. Signed by Judge Randolph D. Moss on 6/13/2016. (lcrdm1, ) (Entered: 06/13/2016)
2016-06-14Set/Reset Hearings: A Status Conference is set for 6/17/2016, at 2:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 06/14/2016)
2016-06-17Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 6/17/2016. (Defendant's Vaughn Index due by 6/27/2016; Attorney Meet & Confer deadline, 7/5/2016; Defendant's Brief due by 7/19/2016; Plaintiff's Response due by 8/8/2016; Defendant's Reply due by 8/24/2016). (Court Reporter: Jeff Hook). (kt) (Entered: 06/17/2016)
2016-06-17MINUTE ORDER: In light of the matters discussed at today's status conference, see June 17, 2016 Min. Entry, Plaintiff's Motion for Order to Show Cause 12 is DENIED as moot. Signed by Judge Randolph D. Moss on 6/17/2016. (lcrdm1, ) (Entered: 06/17/2016)
2016-07-2014STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Ross, Carl) (Entered: 07/20/2016)
2016-07-20MINUTE ORDER: Upon consideration of Defendant's Status Report 14 stating that the parties have reached an agreement in principle to resolve this case, it is hereby ORDERED that the parties shall file either a stipulation of dismissal pursuant to Fed. R. Civ. P. 41 or a further joint status report on or before August 20, 2016. Signed by Judge Randolph D. Moss on 7/20/2016. (lcrdm1, ) (Entered: 07/20/2016)
2016-07-20Set/Reset Deadlines: The parties shall file either a stipulation of dismissal pursuant to Fed. R. Civ. P. 41 or a further joint status report on or before 8/20/2016. (kt) (Entered: 07/20/2016)
2016-07-2015STIPULATION of Settlement and Dismissal by DEPARTMENT OF HOMELAND SECURITY. (Ross, Carl) (Entered: 07/20/2016)
2016-07-21MINUTE ORDER: Upon consideration of the Stipulation of Settlement and Dismissal 15 , it is hereby ORDERED that this action is DISMISSED with prejudice. Signed by Judge Randolph D. Moss on 7/21/2016. (lcrdm1, ) (Entered: 07/21/2016)
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by FOIA Project Staff
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