Case Detail

FOIA Project Annotation: Judge Amy Berman Jackson has ruled that the Brennan Center for Justice is entitled to attorney's fees in its suit against the Department of Homeland Security, but in awarding $10,765 she has deducted $4,000 from its fee request because the request was too high. The Brennan Center requested records from U.S. Immigration and Customs Enforcement concerning the number of times immigration proceedings were closed on national security grounds. ICE originally told the Brennan Center that the records were in the possession of the Executive Office for Immigration Review, which is part of the Department of Justice, and closed the request. The Brennan Center filed an administrative appeal, arguing that, while it had submitted a FOIA request to EOIR separately, it had intended to request related records from ICE as well. On remand from the appeal, ICE agreed to conduct a search. It located 106 responsive pages and 93 pages were withheld in full while 13 pages were produced in full. Subsequently, ICE made a final response, disclosing 27 additional pages with redactions under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). The Brennan Center filed an administrative appeal of that decision, resulting in another search. The agency found no more responsive records. The Brennan Center appealed once again, but then filed suit before its fourth appeal was decided. Jackson issued an order adopting the parties' proposed schedule and the parties prepared summary judgment motions. However, the Brennan Center then decided not to pursue its challenge to the agency's records production and asked for attorney's fees. DHS accepted that the Brennan Center was entitled to attorney's fees but questioned whether the fee amount was appropriate. Jackson rejected the agency's claim that the Brennan Center had not sufficiently documented its hours, noting that "the time entries are sufficiently detailed to permit the government to 'make an informed determination as to the merits of the application,' and to enable the Court to 'make an accurate and equitable award.'" While the Brennan Center admitted that it had mistakenly included an entry for 0.4 hours and agreed to remove $241 from its fee request, it defended another entry as appropriate. Jackson agreed, pointing out that "the other isolated mistake does not call into question the overall accuracy of plaintiff's time records." Jackson agreed with the agency that the Brennan Center had requested too many hours for reviewing documents, reducing the request $5,135 by $2,000. She explained that 'even if this exercise was an important step in assessing litigation strategy, plaintiff would have reviewed the records it received in any event." She also reduced the Brennan Center's $4,334 request for arguing the attorney's fees motion by $2,000, observing that "this would be more than half of the total to be awarded for the litigation, which the Court finds to be a disproportionately large amount."
Issues: Litigation - Attorney's fees - Eligibility, Litigation - Attorney's fees - Entitlement - Calculation of award

Date Filed	Doc #	Docket Text
2016-08-08	1	COMPLAINT for Injunctive and Declaratory Relief against DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-4631447) filed by BRENNAN CENTER FOR JUSTICE. (Attachments: # 1 Civil Cover Sheet, # 2 7.1 Certificate, # 3 Summons (DHS), # 4 Summons (Attorney General), # 5 Summons (U.S. Attorney))(Sobel, David) (Entered: 08/08/2016)
2016-08-09	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BRENNAN CENTER FOR JUSTICE (zsb) (Entered: 08/09/2016)
2016-08-09		Case Assigned to Judge Amy Berman Jackson. (zsb) (Entered: 08/09/2016)
2016-08-09	3	SUMMONS Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 08/09/2016)
2016-10-14	4	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 10/14/2016)
2016-10-14		MINUTE ORDER granting 4 Motion for Extension of Time to Answer. Defendant shall file its answer or otherwise respond to plaintiff's 1 complaint on or before October 28, 2016. Signed by Judge Amy Berman Jackson on 10/14/2016. (lcabj2) (Entered: 10/14/2016)
2016-10-20		Set/Reset Deadlines: Defendant shall file its answer or otherwise respond to plaintiff's complaint by 10/28/2016. (jth) (Entered: 10/20/2016)
2016-10-27	5	ANSWER to Complaint by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Kelly, Wynne) (Entered: 10/27/2016)
2016-10-28	6	ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule according to which it will complete its production of documents to plaintiff on or before November 28, 2016. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/28/2016. (lcabj2) (Entered: 10/28/2016)
2016-11-28	7	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Kelly, Wynne) (Entered: 11/28/2016)
2016-11-29		MINUTE ORDER. In light of 7 the parties' joint status report, it is ORDERED that defendant shall complete its search, processing, and release of responsive documents by April 19, 2017. Defendant must produce to plaintiff approximately 350 pages per month on or before each of the following dates: December 19, 2016; January 19, 2017; February 21, 2017; March 20, 2017; and April 19, 2017. It is FURTHER ORDERED that the parties file a joint report by April 26, 2017 advising the Court of the status of the production of documents to plaintiff, and informing the Court whether further proceedings are necessary, with a proposed schedule if needed. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/29/16. (lcabj2) (Entered: 11/29/2016)
2016-11-29		Set/Reset Deadlines: The parties are directed to file a Joint Report by 4/26/2017 advising the Court of the Status of the production of documents to plaintiff, and informing the Court whether further proceedings are necessary, with a proposed schedule if needed. (jth) (Entered: 11/29/2016)
2016-12-19	8	Unopposed MOTION for Extension of Time to Make Its Production Due to Technical Difficulties by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 12/19/2016)
2016-12-19		MINUTE ORDER granting 8 Motion for Extension of Time. Defendant shall make its next production, originally scheduled for December 19, 2016, by December 27, 2016. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/19/2016.(lcabj2) (Entered: 12/19/2016)
2017-04-06	9	NOTICE OF SUBSTITUTION OF COUNSEL by Melanie Dyani Hendry on behalf of DEPARTMENT OF HOMELAND SECURITY Substituting for attorney AUSA Wynne P. Kelly (Hendry, Melanie) (Entered: 04/06/2017)
2017-04-26	10	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Hendry, Melanie) (Entered: 04/26/2017)
2017-04-27		MINUTE ORDER. In light of 10 the parties' joint status report, the parties shall file a joint report by June 26, 2017 advising the Court of the status of the production of documents to plaintiff, and informing the Court whether further proceedings are necessary, with a proposed briefing schedule if needed. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/27/2017. (lcabj2) (Entered: 04/27/2017)
2017-06-26	11	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Hendry, Melanie) (Entered: 06/26/2017)
2017-06-27		MINUTE ORDER. In light of 11 the parties' joint status report, it is ORDERED that defendant's motion for summary judgment is due on or before September 1, 2017; plaintiff's opposition/cross-motion is due on or before October 2, 2017; defendant's reply/cross-opposition is due on or before November 2, 2017; and plaintiff's cross-reply is due on or before November 20, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/27/2017. (lcabj2) (Entered: 06/27/2017)
2017-08-29	12	Consent MOTION for Extension of Time to File Summary Judgment Motion by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Hendry, Melanie) (Entered: 08/29/2017)
2017-08-30		MINUTE ORDER granting 12 Motion for Extension of Time. Defendant's motion for summary judgment is due on or before October 2, 2017; plaintiff's opposition/cross-motion is due on or before November 2, 2017; defendant's reply/cross-opposition is due on or before December 4, 2017; and plaintiff's cross-reply is due on or before December 20, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/30/2017. (lcabj2) (Entered: 08/30/2017)
2017-10-02	13	MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Statement of Facts)(Hendry, Melanie) (Entered: 10/02/2017)
2017-10-02	14	DECLARATION re 13 MOTION for Summary Judgment (Declaration of Fernando Pineiro) by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Exhibit 1-5 to Pineiro Declaration, # 2 Exhibit 6-10 to Pineiro Declaration, # 3 Exhibit 11-15 to Pineiro Declaration, # 4 Exhibit 16 to Pineiro Declaration, # 5 Exhibit 17-24 to Pineiro Declaration)(Hendry, Melanie) Modified event title on 10/3/2017 (znmw). (Entered: 10/02/2017)
2017-10-03		NOTICE OF ERROR re 14 Motion for Summary Judgment; emailed to melanie.hendry2@usdoj.gov, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. Entry modified to reflect it is a Declaration, not a Motion; In future, declarations and exhibits should be attachments to one motion entry. Do not refile. (znmw, ) (Entered: 10/03/2017)
2017-11-02	15	Memorandum in opposition to re 13 MOTION for Summary Judgment filed by BRENNAN CENTER FOR JUSTICE. (Attachments: # 1 Declaration of Elizabeth Goitein, # 2 Statement of Facts, # 3 Text of Proposed Order)(Sobel, David) (Entered: 11/02/2017)
2017-11-02	16	Cross MOTION for Summary Judgment by BRENNAN CENTER FOR JUSTICE (Attachments: # 1 Declaration of Elizabeth Goitein, # 2 Statement of Facts, # 3 Text of Proposed Order)(Sobel, David) (Entered: 11/02/2017)
2017-12-01	17	Consent MOTION for Extension of Time to File Response/Reply by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Hendry, Melanie) (Entered: 12/01/2017)
2017-12-04		MINUTE ORDER granting 17 Motion for Extension of Time. Defendant's reply/cross-opposition is due on or before January 16, 2018; and plaintiff's cross-reply is due on or before February 16, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/4/2017. (lcabj2) (Entered: 12/04/2017)
2018-01-16	18	REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Declaration of Fernando Pineiro)(Hendry, Melanie) (Entered: 01/16/2018)
2018-01-16	19	RESPONSE re 16 Cross MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Declaration of Fernando Pineiro, # 2 Statement of Facts)(Hendry, Melanie) (Entered: 01/16/2018)
2018-02-14	20	Consent MOTION for Extension of Time to File Response/Reply as to 16 Cross MOTION for Summary Judgment by BRENNAN CENTER FOR JUSTICE (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 02/14/2018)
2018-02-14		MINUTE ORDER granting 20 Motion for Extension of Time to File Reply. Plaintiff must file its cross-reply by March 19, 2018. If the parties determine that they would benefit from the assistance of a neutral mediator, they may contact chambers and seek a referral to a Magistrate Judge or the Court's Mediation Program. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/14/2018. (lcabj2) (Entered: 02/14/2018)
2018-03-23	21	STATUS REPORT by BRENNAN CENTER FOR JUSTICE. (Sobel, David) (Entered: 03/23/2018)
2018-03-23		MINUTE ORDER. The parties must file a joint status report with the Court by April 13, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/23/2018. (lcabj2) (Entered: 03/23/2018)
2018-04-13	22	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Hendry, Melanie) (Entered: 04/13/2018)
2018-04-17		MINUTE ORDER. The parties must inform the Court by April 24, 2018 whether, in light of the matters set forth in the 22 report dated April 13, the pending 13 motion for summary judgment and 16 cross-motion for summary judgment should be denied as moot. Further, unless the Court has been informed before then that the parties have reached an agreement concerning attorneys' fees or seek more time to negotiate, plaintiff must file a petition for attorneys' fees by May 15, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/17/2018. (lcabj2) (Entered: 04/17/2018)
2018-04-17		Set/Reset Deadlines: Parties must inform the Court by 4/24/2018 whether the pending motion for summary judgment and the cross motion for summary should be denied as moot. Failure to reach agreement concerning attorney fees, plaintiff must file petition for attorney fees by 05/15/18. (tb) (Entered: 04/17/2018)
2018-04-24	23	STIPULATION of Dismissal by DEPARTMENT OF HOMELAND SECURITY. (Hendry, Melanie) (Entered: 04/24/2018)
2018-04-24	24	Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Hendry, Melanie) (Entered: 04/24/2018)
2018-04-25		MINUTE ORDER. Plaintiff's motion for attorneys' fees is due by May 15, 2018; defendant's opposition is due by June 19, 2018; and plaintiff's reply is due by July 10, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/25/2018. (lcabj2) (Entered: 04/25/2018)
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