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Case TitleAMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv00652
Date Filed2020-03-05
Date Closed2023-05-23
JudgeJudge Rudolph Contreras
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted three FOIA requests to the Department of Homeland Security for records concerning guidance to staff on asylum issues. American Oversight also requested a fee waiver. The agency acknowledged receipt of the requests and granted American Oversight's fee waiver requests. However, after hearing nothing further from the agency pertaining to any of the requests, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantU.S. CITIZENSHIP AND IMMIGRATION SERVICES
DefendantU.S. CUSTOMS AND BORDER PROTECTION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-03-051COMPLAINT against U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number ADCDC-6893055) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons as to USAO, # 3 Summons as to AG, # 4 Summons as to DHS, # 5 Summons as to USCIS)(Shaw, Khahilia) (Entered: 03/05/2020)
2020-03-052LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Shaw, Khahilia) (Entered: 03/05/2020)
2020-03-05Case Assigned to Judge Rudolph Contreras. (adh, ) (Entered: 03/05/2020)
2020-03-053SUMMONS (4) Issued Electronically as to U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 03/05/2020)
2020-04-034RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/24/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 4/23/2020.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/26/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CITIZENSHIP AND IMMIGRATION SERVICES served on 3/25/2020; U.S. DEPARTMENT OF HOMELAND SECURITY served on 3/25/2020 (Shaw, Khahilia) (Entered: 04/03/2020)
2020-04-075AMENDED COMPLAINT against U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION filed by AMERICAN OVERSIGHT. (Attachments: # 1 Summons as to U.S. Attorney's Office, # 2 Summons as to Attorney General, # 3 Summons as to CBP)(Shaw, Khahilia) (Entered: 04/07/2020)
2020-04-086Summons (1) Issued Electronically as to U.S. CUSTOMS AND BORDER PROTECTION. (ztth); Modified text on 4/9/2020 (ztth). (Entered: 04/08/2020)
2020-04-087SUMMONS (2) REISSUED Electronically as to U.S. Attorney and U.S. Attorney General. (ztth) (ztth). Modified text on 4/9/2020 and to attach Summonses (ztth). (Entered: 04/08/2020)
2020-04-278NOTICE of Appearance by Robert Aaron Caplen on behalf of All Defendants (Caplen, Robert) (Entered: 04/27/2020)
2020-04-279Unopposed MOTION for Extension of Time to File Answer re 5 Amended Complaint, by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 04/27/2020)
2020-04-27MINUTE ORDER granting 9 Defendants' Unopposed Motion for Extension of Time to Answer: It is hereby ORDERED that Defendants shall have up to and including May 8, 2020 to answer or otherwise respond to 5 Plaintiff's Amended Complaint. SO ORDERED. Signed by Judge Rudolph Contreras on 4/27/2020. (lcrc1) (Entered: 04/27/2020)
2020-04-28Set/Reset Deadlines: Answer due by 5/8/2020. (tj) (Entered: 04/28/2020)
2020-05-0610RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/20/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 5/20/2020.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/20/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 4/17/2020 (Shaw, Khahilia) (Entered: 05/06/2020)
2020-05-0811ANSWER to 5 Amended Complaint, by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY.(Caplen, Robert) (Entered: 05/08/2020)
2020-05-11MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a proposed briefing schedule on or before May 25, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 5/11/2020. (lcrc1) (Entered: 05/11/2020)
2020-05-12Set/Reset Deadlines: Proposed Briefing Schedule due by 5/25/2020. (tj) (Entered: 05/12/2020)
2020-05-2612Joint STATUS REPORT by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Caplen, Robert) (Entered: 05/26/2020)
2020-05-27MINUTE ORDER: Upon consideration of 12 the parties' joint status report, it is hereby ORDERED that the parties shall file a joint status report on or before June 26, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 5/27/2020. (lcrc1) (Entered: 05/27/2020)
2020-05-28Set/Reset Deadlines: Status Report due by 6/26/2020 (tj) (Entered: 05/28/2020)
2020-06-2613Joint STATUS REPORT by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Caplen, Robert) (Entered: 06/26/2020)
2020-06-26MINUTE ORDER: Upon consideration of 13 the parties' joint status report, it is hereby ORDERED that the parties shall file a joint status report on or before July 28, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 6/26/2020. (lcrc1) (Entered: 06/26/2020)
2020-06-29Set/Reset Deadlines: Status Report due by 7/28/2020 (tj) (Entered: 06/29/2020)
2020-07-2814Unopposed MOTION for Extension of Time to File by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 07/28/2020)
2020-07-28MINUTE ORDER granting 14 Defendants' Unopposed Motion for Extension of Time: It is hereby ORDERED that the parties shall file a joint status report on or before July 29, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 7/28/2020. (lcrc1) (Entered: 07/28/2020)
2020-07-2915Joint STATUS REPORT by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Caplen, Robert) (Entered: 07/29/2020)
2020-07-29MINUTE ORDER: Upon consideration of 15 the parties' joint status report, it is hereby ORDERED that the parties shall file a joint status report on or before August 28, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 7/29/2020. (lcrc1) (Entered: 07/29/2020)
2020-07-30Set/Reset Deadlines: Status Report due by 8/28/2020. (tj) (Entered: 07/30/2020)
2020-08-2816Joint STATUS REPORT by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Caplen, Robert) (Entered: 08/28/2020)
2020-08-28MINUTE ORDER: Upon consideration of 16 the parties' joint status report, it is hereby ORDERED that the parties shall file a joint status report on or before September 29, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 8/28/2020. (lcrc1) (Entered: 08/28/2020)
2020-08-31Set/Reset Deadlines: Status Report due by 9/29/2020. (tj) (Entered: 08/31/2020)
2020-09-1217NOTICE OF SUBSTITUTION OF COUNSEL by Joseph F. Carilli, Jr on behalf of All Defendants Substituting for attorney Robert Aaron Caplen (Carilli, Joseph) (Entered: 09/12/2020)
2020-09-2918Joint STATUS REPORT by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Carilli, Joseph) (Entered: 09/29/2020)
2020-09-29MINUTE ORDER: Upon consideration of 18 the parties' joint status report, it is hereby ORDERED that the parties shall file a joint status report on or before November 9, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 09/29/2020. (lcrc1) (Entered: 09/29/2020)
2020-09-29Set/Reset Deadlines: Status Report due by 11/9/2020. (tj) (Entered: 09/29/2020)
2020-11-0919Joint STATUS REPORT by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Carilli, Joseph) (Entered: 11/09/2020)
2020-11-09MINUTE ORDER: Upon consideration of 19 the parties' joint status report, it is hereby ORDERED that the parties shall file a joint status report on or before January 8, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 11/9/2020. (lcrc1) (Entered: 11/09/2020)
2020-11-09Set/Reset Deadlines: Status Report due by 1/8/2021 (tj) (Entered: 11/09/2020)
2021-01-0820Joint STATUS REPORT by AMERICAN OVERSIGHT. (Shaw, Khahilia) (Entered: 01/08/2021)
2021-01-11MINUTE ORDER: Upon consideration of 20 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before March 8, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 1/11/2021. (lcrc1) (Entered: 01/11/2021)
2021-01-11Set/Reset Deadlines: Status Report due by 3/8/2021. (tj) (Entered: 01/11/2021)
2021-03-0821Joint STATUS REPORT by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Carilli, Joseph) (Entered: 03/08/2021)
2021-03-10MINUTE ORDER: Upon consideration of 21 the parties joint status report, it is hereby ORDERED that the parties shall appear before the Court for a telephonic status conference on Monday, May 3, 2021, at 2:00 PM. Call-in instructions will follow via email. SO ORDERED. Signed by Judge Rudolph Contreras on 3/10/2021. (lcrc1) (Entered: 03/10/2021)
2021-03-10Set/Reset Hearings: Status Conference set for 5/3/2021 at 2:00 PM in before Judge Rudolph Contreras via telephone. (tj) (Entered: 03/10/2021)
2021-05-03Minute Entry for proceedings held before Judge Rudolph Contreras: Telephone Conference held on 5/3/2021. Parties discuss the status of this action. Joint Status Report due by 6/3/2021. (Court Reporter Lisa Bankins) (tj) (Entered: 05/03/2021)
2021-06-0322Joint STATUS REPORT by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Carilli, Joseph) (Entered: 06/03/2021)
2021-06-03MINUTE ORDER: Upon consideration of 22 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before August 2, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 6/3/2021. (lcrc1) (Entered: 06/03/2021)
2021-08-0223Joint STATUS REPORT by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Carilli, Joseph) (Entered: 08/02/2021)
2021-08-03MINUTE ORDER: Upon consideration of 23 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before October 4, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 8/3/2021. (lcrc1) (Entered: 08/03/2021)
2021-10-0424Joint STATUS REPORT by U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Carilli, Joseph) (Entered: 10/04/2021)
2021-10-05MINUTE ORDER: Upon consideration of 24 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before December 2, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 10/05/2021. (lcrc1) (Entered: 10/05/2021)
2021-11-2325NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Duffey on behalf of DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION Substituting for attorney Joseph F. Carilli, Jr. (Duffey, Thomas) (Entered: 11/23/2021)
2021-12-0226Joint STATUS REPORT by AMERICAN OVERSIGHT. (Shaw, Khahilia) (Entered: 12/02/2021)
2021-12-02MINUTE ORDER: Upon consideration of 26 the parties' joint status report, it is it is hereby ORDERED that the parties shall file another joint status report on or before February 2, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 12/02/2021. (lcrc1) (Entered: 12/02/2021)
2022-02-0227Joint STATUS REPORT by AMERICAN OVERSIGHT. (Shaw, Khahilia) (Entered: 02/02/2022)
2022-02-02MINUTE ORDER: Upon consideration of 27 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before April 4, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 02/02/2022. (lcr1) (Entered: 02/02/2022)
2022-04-0428Joint STATUS REPORT by AMERICAN OVERSIGHT. (Shaw, Khahilia) (Entered: 04/04/2022)
2022-04-05MINUTE ORDER: Upon consideration of 28 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before June 3, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 04/05/2022. (lcrc1) (Entered: 04/05/2022)
2022-06-0329Joint STATUS REPORT by AMERICAN OVERSIGHT. (Shaw, Khahilia) (Entered: 06/03/2022)
2022-06-05MINUTE ORDER: Upon consideration of 29 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before August 15, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 06/05/2022. (lcrc1) (Entered: 06/05/2022)
2022-08-1530Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 08/15/2022)
2022-08-16MINUTE ORDER: Upon consideration of 30 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before October 14, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 08/16/2022. (lcrc1) (Entered: 08/16/2022)
2022-10-1431Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 10/14/2022)
2022-10-17MINUTE ORDER: Upon consideration of 31 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before December 14, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 10/17/2022. (lcrc1) (Entered: 10/17/2022)
2022-10-1732ERRATA Corrected Joint Status Report by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION re 31 Status Report. (Duffey, Thomas) (Entered: 10/17/2022)
2022-12-1433Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 12/14/2022)
2022-12-14MINUTE ORDER: Upon consideration of 33 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before February 14, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 12/14/2022. (lcrc1) (Entered: 12/14/2022)
2022-12-15Set/Reset Deadlines: Status Report due by 2/14/2023 (tj) (Entered: 12/15/2022)
2023-02-0734Joint STATUS REPORT by AMERICAN OVERSIGHT. (Shaw, Khahilia) (Entered: 02/07/2023)
2023-02-08MINUTE ORDER: Upon consideration of 34 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before March 14, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 2/8/2023. (lcrc1) (Entered: 02/08/2023)
2023-03-1435Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 03/14/2023)
2023-03-14MINUTE ORDER: Upon consideration of 35 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before April 14, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 3/14/2023. (lcrc1) (Entered: 03/14/2023)
2023-04-1436Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 04/14/2023)
2023-04-17MINUTE ORDER: Upon consideration of 36 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before June 1, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 4/17/2023. (lcrc1) (Entered: 04/17/2023)
2023-04-17Set/Reset Deadlines: Status Report due by 6/1/2023 (tj) (Entered: 04/17/2023)
2023-05-2237STIPULATION of Dismissal by AMERICAN OVERSIGHT. (Shaw, Khahilia) (Entered: 05/22/2023)
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