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Case TitleCLARK HILL PLC et al v. DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv02348
Date Filed2016-11-30
Date Closed2018-10-01
JudgeJudge Dabney L. Friedrich
PlaintiffCLARK HILL PLC
PlaintiffWASSERMAN, MANCINI & CHANG, PC
PlaintiffLAW OFFICE OF ZAHEDI PLLC
Case DescriptionThe law firms of Clark Hill, PLC, Wasserman, Mancini & Chang, and the Law Office of Zahedi, PLLC submitted FOIA requests to the Department of Homeland Security, the FBI, and the National Archives & Records Administration for records concerning the 2007 investigation and conviction of Robert Schofield, a former supervisory district adjudication officer for U.S. Citizenship and Immigration Services, for accepting bribes in return for favorable treatment in procuring citizenship or naturalization. USCIS responded that the records would cost $213,000. The FBI denied access to the records on the basis of Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). The law firms filed an administrative appeal. The Office of Information Policy upheld the FBI's decision. The Office of the Inspector General at the Department of Homeland Security denied the request under Exemption 7(C). The law firms filed an administrative appeal and the OIG's decision was upheld. NARA told the law firms that the records contained sensitive personal information, but the agency had not responded by the time the law firms filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantDEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL
DefendantDEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL
TERMINATED: 04/25/2017
DefendantNATIONAL ARCHIVES AND RECORDS ADMINSTRATION
DefendantNATIONAL ARCHIVES AND RECORDS ADMINSTRATION
TERMINATED: 02/27/2018
DefendantFEDERAL BUREAU OF INVESTIGATION OFFICE OF INFORMATION POLICY
DefendantFEDERAL BUREAU OF INVESTIGATION OFFICE OF INFORMATION POLICY
TERMINATED: 02/27/2018
DefendantOFFICE OF PERSONNEL MANAGEMENT
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-11-301COMPLAINT against DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL, FEDERAL BUREAU OF INVESTIGATION OFFICE OF INFORMATION POLICY, NATIONAL ARCHIVES AND RECORDS ADMINSTRATION ( Filing fee $ 400 receipt number 0090-4760651) filed by LAW OFFICE OF ZAHEDI PLLC, CLARK HILL PLC, WASSERMAN, MANCINI & CHANG, PC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - Schofield FOIA Request, # 3 Exhibit B - Change of Address, # 4 Exhibit C - FBI Letter November 20, 2015, # 5 Exhibit D - Plaintiff's administrative appeal of the FBI's denial of Plaintiff's FOIA request, # 6 Exhibit E - FBI's denial of Plaintiff's administrative appeal, # 7 Exhibit F - DHS-OIG's acknowledgment letter, # 8 Exhibit G - Plaintiff's administrative appeal of DHS-OIG's constructive denial of Plaintiff's FOIA request, # 9 Exhibit H - DHS-OIG's denial of Plaintiff's FOIA request, # 10 Exhibit I - DHS-OIG's denial of Plaintiff's administrative appeal, # 11 Exhibit J - Plaintiff's administrative appeal of NARA's constructive denial of Plaintiff's FOIA request, # 12 Exhibit K - NARA's fax to Clark Hill PLC dated March 18, 2016, # 13 Exhibit L - NARA's letter to Clark Hill PLC dated November 16, 2016, # 14 Summons for DHS-OIG, # 15 Summons for FBI Office of Information Policy, # 16 Summons for NARA, # 17 Summons for Channing Phillips, U. S. Attorney of D.C.)(Ragland, Thomas) (Entered: 11/30/2016)
2016-12-01Case Assigned to Judge Randolph D. Moss. (sb) (Entered: 12/01/2016)
2016-12-012SUMMONS (4) Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL, FEDERAL BUREAU OF INVESTIGATION OFFICE OF INFORMATION POLICY, NATIONAL ARCHIVES AND RECORDS ADMINSTRATION, and U.S. Attorney. (Attachment: # 1 Consent Form)(sb) (Entered: 12/01/2016)
2016-12-01SUMMONS Not Issued as to U.S. Attorney General (sb) (Entered: 12/01/2016)
2016-12-013STANDING ORDER: See document for details. Signed by Judge Randolph D. Moss on 12/1/2016. (lcrdm3, ) (Entered: 12/01/2016)
2016-12-054REQUEST FOR SUMMONS TO ISSUE to the U.S. Attorney General re 1 Complaint,,,,,, filed by LAW OFFICE OF ZAHEDI PLLC, CLARK HILL PLC, WASSERMAN, MANCINI & CHANG, PC. Related document: 1 Complaint,,,,,, filed by LAW OFFICE OF ZAHEDI PLLC, WASSERMAN, MANCINI & CHANG, PC, CLARK HILL PLC.(Ragland, Thomas) (Entered: 12/05/2016)
2016-12-065SUMMONS (1) Issued Electronically as to U.S. Attorney General (znmw) (Entered: 12/06/2016)
2016-12-216RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/7/2016. ( Answer due for ALL FEDERAL DEFENDANTS by 1/6/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/12/2016., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL served on 12/5/2016; FEDERAL BUREAU OF INVESTIGATION OFFICE OF INFORMATION POLICY served on 12/5/2016; NATIONAL ARCHIVES AND RECORDS ADMINSTRATION served on 12/5/2016 (Attachments: # 1 Certificate of Service for National Archives and Records Administration, # 2 Certificate of Service for Department of Homeland Security, Office of Inspector General, # 3 Certificate of Service for FBI, Office of Information Policy, # 4 Certificate of Service for the U.S. Attorney for the District of Columbia (part 1), # 5 Certificate of Service for the U.S. Attorney for the District of Columbia (part 2), # 6 Certificate of Service for the U.S. Attorney General)(Ragland, Thomas) (Entered: 12/21/2016)
2017-01-047NOTICE of Appearance by William Mark Nebeker on behalf of DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL, FEDERAL BUREAU OF INVESTIGATION OFFICE OF INFORMATION POLICY, NATIONAL ARCHIVES AND RECORDS ADMINSTRATION (Nebeker, William) (Entered: 01/04/2017)
2017-01-068ANSWER to Complaint by DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL, FEDERAL BUREAU OF INVESTIGATION OFFICE OF INFORMATION POLICY, NATIONAL ARCHIVES AND RECORDS ADMINSTRATION.(Nebeker, William) (Entered: 01/06/2017)
2017-01-07MINUTE ORDER: The parties are hereby ORDERED to appear for a status conference on January 24, 2017, at 2:00 p.m., to discuss the next stage of the litigation. Signed by Judge Randolph D. Moss on 1/7/2017. (lcrdm3, ) (Entered: 01/07/2017)
2017-01-09Set/Reset Hearings: A Status Conference is set for 1/24/2017, at 2:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 01/09/2017)
2017-01-099NOTICE of Change of Address by Thomas K. Ragland (Ragland, Thomas) (Entered: 01/09/2017)
2017-01-24Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 1/24/2017. Order forthcoming referring case to Circuit Executive's office for Mediation, and setting a Status Report deadline. Case stayed. (Court Reporter: Cathryn Jones). (kt) (Entered: 01/24/2017)
2017-01-24MINUTE ORDER: Pursuant to the parties' agreement at today's status conference, it is hereby ORDERED that (1) this matter be REFERRED to the Circuit Executive's Office for purposes of mediation; (2) that other proceedings in this case be STAYED pending the outcome of that mediation; and (3) that the parties shall file a joint status report on or before April 21, 2017, regarding their mediation efforts. Signed by Judge Randolph D. Moss on 1/24/2017. (lcrdm3, ) (Entered: 01/24/2017)
2017-01-24Set/Reset Deadlines: The parties shall file a joint status report on or before 4/21/2017. (kt) (Entered: 01/24/2017)
2017-01-24Case Stayed. (kt) (Entered: 01/24/2017)
2017-04-1910Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL, FEDERAL BUREAU OF INVESTIGATION OFFICE OF INFORMATION POLICY, NATIONAL ARCHIVES AND RECORDS ADMINSTRATION. (Nebeker, William) (Entered: 04/19/2017)
2017-04-19MINUTE ORDER: As the parties request in their Joint Status Report 10 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 1, 2017. Signed by Judge Randolph D. Moss on 4/19/2017. (lcrdm3, ) (Entered: 04/19/2017)
2017-04-20Set/Reset Deadlines: Joint Status Report due by 8/1/2017. (kt) (Entered: 04/20/2017)
2017-04-2411STIPULATION OF SETTLEMENT AND DISMISSAL OF CLAIMS INVOLVING DHS/OIG by DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL. (Nebeker, William) (Entered: 04/24/2017)
2017-04-25MINUTE ORDER: In light of the Stipulation of Settlement and Dismissal of Claims 11 , it is hereby ORDERED that Plaintiffs' claims in this action against the Department of Homeland Security Office of Inspector General be DISMISSED with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Signed by Judge Randolph D. Moss on 4/25/2017. (lcrdm3, ) (Entered: 04/25/2017)
2017-08-0112Joint STATUS REPORT by CLARK HILL PLC, LAW OFFICE OF ZAHEDI PLLC, WASSERMAN, MANCINI & CHANG, PC. (Ragland, Thomas) (Entered: 08/01/2017)
2017-08-03MINUTE ORDER: As the parties request in their Joint Status Report 12 , it is hereby ORDERED that the parties shall file a further joint status report on or before September 1, 2017. Signed by Judge Randolph D. Moss on 8/3/2017. (lcrdm3, ) (Entered: 08/03/2017)
2017-08-03Set/Reset Deadlines: Joint Status Report due by 9/1/2017. (kt) (Entered: 08/03/2017)
2017-09-0113Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION OFFICE OF INFORMATION POLICY, NATIONAL ARCHIVES AND RECORDS ADMINSTRATION. (Nebeker, William) (Entered: 09/01/2017)
2017-09-01MINUTE ORDER: As the parties request in their Joint Status Report 13 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 4, 2017. Signed by Judge Randolph D. Moss on 9/1/17. (lcrdm3, ) (Entered: 09/01/2017)
2017-09-01Set/Reset Deadlines: Joint Status Report due by 10/4/2017. (kt) (Entered: 09/01/2017)
2017-10-0414Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION OFFICE OF INFORMATION POLICY, NATIONAL ARCHIVES AND RECORDS ADMINSTRATION. (Nebeker, William) (Entered: 10/04/2017)
2017-10-05MINUTE ORDER: As the parties request in their Joint Status Report 14 , it is hereby ORDERED that the parties shall file a further joint status report on or before November 2, 2017. Signed by Judge Randolph D. Moss on 10/5/17. (lcrdm3, ) (Entered: 10/05/2017)
2017-10-05Set/Reset Deadlines: Joint Status Report due by 11/2/2017. (kt) (Entered: 10/05/2017)
2017-11-0215MOTION for Extension of Time to File Joint Status Report by FEDERAL BUREAU OF INVESTIGATION OFFICE OF INFORMATION POLICY, NATIONAL ARCHIVES AND RECORDS ADMINSTRATION (Nebeker, William) (Entered: 11/02/2017)
2017-11-04MINUTE ORDER: Upon consideration of Defendants' Motion for Extension of Time 15 , it is hereby ORDERED that the November 2, 2017, deadline for a Joint Status Report is hereby VACATED. The parties shall file a Joint Status Report on or before November 27, 2017. Signed by Judge Randolph D. Moss on 11/4/17. (lcrdm3, ) (Entered: 11/04/2017)
2017-11-06Set/Reset Deadlines: Joint Status Report due by 11/27/2017. (kt) (Entered: 11/06/2017)
2017-11-2716Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION OFFICE OF INFORMATION POLICY, NATIONAL ARCHIVES AND RECORDS ADMINSTRATION. (Nebeker, William) (Entered: 11/27/2017)
2017-11-28MINUTE ORDER: In light of the parties' Joint Status Report 16 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 11, 2018. Signed by Judge Randolph D. Moss on 11/28/17. (lcrdm3, ) (Entered: 11/28/2017)
2017-12-04Case directly reassigned to Judge Dabney L. Friedrich. Judge Randolph D. Moss is no longer assigned to the case. (ztnr) (Entered: 12/04/2017)
2018-01-1117Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION OFFICE OF INFORMATION POLICY, NATIONAL ARCHIVES AND RECORDS ADMINSTRATION. (Nebeker, William) (Entered: 01/11/2018)
2018-01-18MINUTE ORDER: In light of the parties' Joint Status Report 17 , it is hereby ORDERED that the parties shall file a stipulation to amend the complaint or a further joint status report on or before February 22, 2018. Signed by Judge Dabney L. Friedrich on 1/18/18. (MJS) (Entered: 01/18/2018)
2018-02-2218STIPULATION re Set Deadlines,, Status Report Order, 1 Complaint,,,,,, Amended Complaint by DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL, FEDERAL BUREAU OF INVESTIGATION OFFICE OF INFORMATION POLICY, NATIONAL ARCHIVES AND RECORDS ADMINSTRATION. (Attachments: # 1 Exhibit Amended Complaint)(Nebeker, William) (Entered: 02/22/2018)
2018-02-27MINUTE ORDER. In light of the parties' 18 Stipulation to the Filing of an Amended Complaint and pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure, the Court directs the Clerk of Court to docket Attachment 1 to 18 Plaintiff's Memorandum (i.e., Document 18-1) as Plaintiffs' Amended Complaint. Signed by Judge Dabney L. Friedrich on 2/27/18. (MJS) (Entered: 02/27/2018)
2018-02-2719AMENDED COMPLAINT against OFFICE OF PERSONNEL MANAGEMENT filed by LAW OFFICE OF ZAHEDI PLLC, CLARK HILL PLC, WASSERMAN, MANCINI & CHANG, PC.(jf) (Entered: 03/05/2018)
2018-05-16MINUTE ORDER. It is ORDERED that the defendant shall SHOW CAUSE why the parties have not filed a request for a protective order as suggested in their 18 Stipulation to the Filing of an Amended Complaint and why the defendant has failed to comply with Rule 15(a)(3) of the Federal Rules of Civil Procedure, which requires that the defendant serve any required response to an amended pleading within the later of 14 days or the time to respond to the original pleading. Because the amended complaint was filed on February 27, 2018 and the time to respond to the original complaint had run, a response was due on March 13, 2018. Consequently, it is further ORDERED that on or before May 23, 2018 the defendant shall submit: (a) a response to the amended complaint as required by Rule 15(a)(3); and (b) an explanation as to why the defendant failed to comply with the filing deadline. Signed by Judge Dabney L. Friedrich on May 16, 2018. (MJS) (Entered: 05/16/2018)
2018-05-16Set/Reset Deadlines: Response and explanation as to why the defendant failed to comply with the filing deadline due by 5/23/2018. (jl) (Entered: 05/17/2018)
2018-05-2220Joint MOTION for Protective Order and Memorandum of Points and Authorities in Support Thereof by CLARK HILL PLC, LAW OFFICE OF ZAHEDI PLLC, WASSERMAN, MANCINI & CHANG, PC (Attachments: # 1 Text of Proposed Order)(Ragland, Thomas) (Entered: 05/22/2018)
2018-05-2321ANSWER to 19 Amended Complaint by OFFICE OF PERSONNEL MANAGEMENT.(Nebeker, William) (Entered: 05/23/2018)
2018-05-2322RESPONSE TO ORDER OF THE COURT re Order,,, filed by OFFICE OF PERSONNEL MANAGEMENT. (Nebeker, William) (Entered: 05/23/2018)
2018-06-0123ORDER. Upon consideration of the parties' 20 Joint Motion to Enter Protective Order, it is ORDERED that the motion is GRANTED. See attached protective order. Signed by Judge Dabney L. Friedrich on June 1, 2018. (MJS) (Main Document 23 replaced on 6/1/2018) (zjl). (Entered: 06/01/2018)
2018-06-21MINUTE ORDER. In its May 23, 2018 filings, the defendant suggested that the parties are likely to settle. In light of that, it is ORDERED that the parties shall submit a joint status report on or before June 29, 2018. Signed by Judge Dabney L. Friedrich on June 21, 2018. (MJS) (Entered: 06/21/2018)
2018-06-21Set/Reset Deadlines: Joint Status Report due by 6/29/2018. (jl) (Entered: 06/21/2018)
2018-06-2924Joint STATUS REPORT by CLARK HILL PLC, LAW OFFICE OF ZAHEDI PLLC, WASSERMAN, MANCINI & CHANG, PC. (Ragland, Thomas) (Entered: 06/29/2018)
2018-07-01MINUTE ORDER. In light of the parties' 24 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before July 30, 2018. Signed by Judge Dabney L. Friedrich on July 1, 2018. (MJS) (Entered: 07/01/2018)
2018-07-02Set/Reset Deadlines: Status Report due by 7/30/2018. (jl) (Entered: 07/02/2018)
2018-07-3025Joint STATUS REPORT by CLARK HILL PLC, LAW OFFICE OF ZAHEDI PLLC, WASSERMAN, MANCINI & CHANG, PC. (Ragland, Thomas) (Entered: 07/30/2018)
2018-07-31MINUTE ORDER adopting the proposal in the parties' 25 Joint Status Report. Accordingly, it is ORDERED that the parties shall file another joint status report on or before August 30, 2018 if the action remains pending. Signed by Judge Dabney L. Friedrich on July 31, 2018. (lcdlf2) (Entered: 07/31/2018)
2018-08-2926Joint STATUS REPORT by OFFICE OF PERSONNEL MANAGEMENT. (Nebeker, William) (Entered: 08/29/2018)
2018-08-29MINUTE ORDER adopting the proposal in the parties' 26 Joint Status Report. Accordingly, it is ORDERED that the parties shall file another joint status report on or before September 17, 2018. Signed by Judge Dabney L. Friedrich on August 29, 2018. (lcdlf2) (Entered: 08/29/2018)
2018-09-1727STIPULATION of Dismissal by CLARK HILL PLC, LAW OFFICE OF ZAHEDI PLLC, WASSERMAN, MANCINI & CHANG, PC. (Ragland, Thomas) (Entered: 09/17/2018)
2018-10-01MINUTE ORDER directing the Clerk of Court to close this case in light of the parties' 27 Stipulation of Dismissal. Signed by Judge Dabney L. Friedrich on October 1, 2018. (JK) (Entered: 10/01/2018)
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