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Case TitleAMERICAN FRIENDS SERVICE COMMITTEE v. UNITED STATES AIR FORCE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02774
Date Filed2021-10-19
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffAMERICAN FRIENDS SERVICE COMMITTEE
Case DescriptionWe Count submitted FOIA requests to the Department of the Air Force and the Department of Homeland Security for records concerning the detention center at the old Homestead Air Force Base, which had previously been a Superfund site. We Count also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests. The Air Force initially to We Count that had no records but then agreed to conduct a search. After hearing nothing further from either agency, We Count filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES AIR FORCE
DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY
DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantUNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT
DefendantIMMIGRATION AND CUSTOMS ENFORCEMENT
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-10-191COMPLAINT against UNITED STATES AIR FORCE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 402 receipt number ADCDC-8808316) filed by AMERICAN FRIENDS SERVICE COMMITTEE. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Civil Cover Sheet Civil Cover Sheet, # 9 Summons Summons, # 10 Summons Summons, # 11 Summons Summons)(Helle, Sean) (Entered: 10/19/2021)
2021-10-192LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN FRIENDS SERVICE COMMITTEE (Helle, Sean) (Entered: 10/19/2021)
2021-10-193MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Dominique Burkhardt, Filing fee $ 100, receipt number ADCDC-8809061. Fee Status: Fee Paid. by AMERICAN FRIENDS SERVICE COMMITTEE. (Attachments: # 1 Declaration Declaration, # 2 Text of Proposed Order Proposed Order)(Helle, Sean) (Entered: 10/19/2021)
2021-10-19Case Assigned to Judge Randolph D. Moss. (adh, ) (Entered: 10/19/2021)
2021-10-194SUMMONS (3) Issued Electronically as to UNITED STATES AIR FORCE, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 10/19/2021)
2021-10-20MINUTE ORDER: Upon consideration of Defendant's Motion for Admission Pro Hac Vice 3 , it is hereby ORDERED that the motion is GRANTED. Dominique Burkhardt is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to to LCvR 83.6(a)/LCrR 44.5(a). Click for Instructions . Signed by Judge Randolph D. Moss on 10/20/2021 . (lcrdm2) (Entered: 10/20/2021)
2021-10-205STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 10/20/2021. (lcrdm2) (Entered: 10/20/2021)
2021-10-276NOTICE of Appearance by Dominique Burkhardt on behalf of AMERICAN FRIENDS SERVICE COMMITTEE (Burkhardt, Dominique) (Entered: 10/27/2021)
2021-11-047RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/27/2021. Answer due for ALL FEDERAL DEFENDANTS by 11/26/2021. (Attachments: # 1 Proof of Service)(Burkhardt, Dominique) (Entered: 11/04/2021)
2021-11-238NOTICE of Appearance by Thomas Duffey on behalf of DEPARTMENT OF HOMELAND SECURITY, UNITED STATES AIR FORCE, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Duffey, Thomas) (Entered: 11/23/2021)
2021-11-269Consent MOTION for Extension of Time to File Answer re 1 Complaint,, with proposed order by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES AIR FORCE, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Duffey, Thomas) (Entered: 11/26/2021)
2021-12-1710ANSWER to Complaint by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES AIR FORCE, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT.(Duffey, Thomas) (Entered: 12/17/2021)
2021-12-21MINUTE ORDER: Upon consideration of Defendants' consent motion for extension of time 9 , it is hereby ORDERED that the motion is GRANTED. Defendants' answer, Dkt. 10 , is hereby deemed timely filed. Signed by Judge Randolph D. Moss on 12/21/2021. (lcrdm2) (Entered: 12/21/2021)
2021-12-28MINUTE ORDER: The Court hereby ORDERS that, on or before January 31, 2022, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is FURTHER ORDERED that the parties shall appear for an Initial Scheduling Conference on February 7, 2022, at 3:00 p.m., to occur via Zoom before Judge Randolph D. Moss. The parties can obtain the necessary login information from the Courtroom Deputy Clerk prior to the conference. Signed by Judge Randolph D. Moss on 12/28/2021. (lcrdm2) (Entered: 12/28/2021)
2022-01-3111Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES AIR FORCE, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Duffey, Thomas) (Entered: 01/31/2022)
2022-02-01MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 11 , the Court hereby ORDERS that the initial scheduling conference set for February 7, 2022, is VACATED and that the parties shall file a further status report on or before March 31, 2022. Signed by Judge Randolph D. Moss on 2/1/2022. (lcrdm2) (Entered: 02/01/2022)
2022-03-2312MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nestor Perez, Filing fee $ 100, receipt number ADCDC-9123046. Fee Status: Fee Paid. by AMERICAN FRIENDS SERVICE COMMITTEE. (Attachments: # 1 Declaration Declaration, # 2 Text of Proposed Order Proposed Order)(Helle, Sean) (Entered: 03/23/2022)
2022-03-25MINUTE ORDER: Upon consideration of Plaintiff's Motion for Admission Pro Hac Vice 12 , it is hereby ORDERED that the motion is GRANTED. Nestor Perez is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for Instructions Signed by Judge Randolph D. Moss on 3/25/2022. (lcrdm2) (Entered: 03/25/2022)
2022-03-3113NOTICE of Appearance by Nestor Perez on behalf of AMERICAN FRIENDS SERVICE COMMITTEE (Perez, Nestor) (Entered: 03/31/2022)
2022-03-3114Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES AIR FORCE, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Duffey, Thomas) (Entered: 03/31/2022)
2022-04-10MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 14 , it is hereby ORDERED that Defendant U.S. Air Force shall provide draft search declarations and a draft Vaughn index to Plaintiff on or before June 6, 2022. It is further ORDERED that Defendant ICE shall review and process 600 pages of potentially responsive records per month and release responsive documents to Plaintiff monthly. It is further ORDERED that the parties shall appear for a status conference, to occur via Zoom, on July 7, 2022, at 10:00 a.m. Signed by Judge Randolph D. Moss on 4/10/2022. (lcrdm2) (Entered: 04/10/2022)
2022-07-07Minute Entry for proceedings held before Judge Randolph D. Moss: video (Zoom) Status Conference held on 7/7/2022. For the reasons stated on the record, the parties shall file a Joint Status Report by 8/8/2022. (Court Reporter: Jeff Hook.) (kt) (Entered: 07/07/2022)
2022-08-0815Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES AIR FORCE, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Duffey, Thomas) (Entered: 08/08/2022)
2022-08-10MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 15 , it is hereby ORDERED that the parties shall file a further joint status report on or before September 19, 2022. Signed by Judge Randolph D. Moss on 8/10/2022. (lcrdm2) (Entered: 08/10/2022)
2022-09-1916Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES AIR FORCE, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Duffey, Thomas) (Entered: 09/19/2022)
2022-10-07MINUTE ORDER: Upon consideration of the Joint Status Report, Dkt. 16 , the Court ORDERS that the parties appear for a status conference on October 25, 2022 at 10:00 a.m. via Zoom. Signed by Judge Randolph D. Moss on 10/7/2022. (lcrdm2) (Entered: 10/07/2022)
2022-10-25Minute Entry for proceedings held before Judge Randolph D. Moss: Video (Zoom) Status Conference held on 10/25/2022. For the reasons stated on the record, the parties shall file a Joint Status Report by 1/27/2023. (Court Reporter: Jeff Hook.) (kt) Modified on 10/25/2022 to correct year on status report deadline (kt). (Entered: 10/25/2022)
2023-01-2717Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES AIR FORCE, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Duffey, Thomas) (Entered: 01/27/2023)
2023-01-31MINUTE ORDER: In light of the Joint Status Report, Dkt. 17 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 16, 2023. Signed by Judge Randolph D. Moss on 1/31/2023. (lcrdm2) (Entered: 01/31/2023)
2023-03-1618Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES AIR FORCE, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Duffey, Thomas) (Entered: 03/16/2023)
2023-03-16MINUTE ORDER: In light of the Joint Status Report, Dkt. 18 , it is hereby ORDERED that the parties shall appear for a status conference on April 4, 2023, at 3:00 p.m., via Zoom. Signed by Judge Randolph D. Moss on 3/16/2023. (lcrdm2) (Entered: 03/16/2023)
2023-04-04Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 4/4/2023 via Zoom. For the reasons stated on the record Air Force to complete all searches and production of records to Plaintiff on or before 5/19/2023, and ICE to produce a draft Vaughn Index to Plaintiff on or before 6/5/2023. Further, the parties are directed to meet and confer and file a Joint Status Report on or before 6/30/2023. (Court Reporter Jeff Hook) (zglw) Modified on 5/1/2023 to add additional deadlines (zglw). (Entered: 04/05/2023)
2023-05-1119NOTICE OF SUBSTITUTION OF COUNSEL by B. Kathryn Debrason on behalf of DEPARTMENT OF HOMELAND SECURITY, UNITED STATES AIR FORCE, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT Substituting for attorney Thomas W. Duffey (Debrason, B. Kathryn) (Entered: 05/11/2023)
2023-06-3020Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES AIR FORCE. (Duffey, Thomas) (Entered: 06/30/2023)
2023-07-06MINUTE ORDER: In light of the Joint Status Report, Dkt. 20 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 18, 2023. Signed by Judge Randolph D. Moss on 7/6/2023. (lcrdm2) (Entered: 07/06/2023)
2023-08-1821Joint STATUS REPORT by AMERICAN FRIENDS SERVICE COMMITTEE. (Burkhardt, Dominique) (Entered: 08/18/2023)
2023-08-22MINUTE ORDER: In light of the parties' August 18, 2023, Joint Status Report 21 , the Court has determined that a status conference is appropriate. It is hereby ORDERED that the parties appear for a status conference on October 12, 2023, at 4:00 p.m., in Courtroom 8. It is FURTHER ORDERED that prior to this status conference, the parties shall meet and confer and that the parties be prepared to propose a plan for finalizing the production of responsive, non-exempt records in an expeditious manner. Signed by Judge Randolph D. Moss on 08/22/2023. (lcrdm2) (Entered: 08/22/2023)
2023-08-22Set/Reset Hearings: Status Conference set for 10/12/2023 at 04:00 PM in Courtroom 8- In Person before Judge Randolph D. Moss. (zglw) (Entered: 08/22/2023)
2023-10-1122NOTICE of Appearance by John Cuong Truong on behalf of DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES AIR FORCE (Truong, John) (Entered: 10/11/2023)
2023-10-12Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 10/12/2023. For the reasons stated on the record the Air Force is directed to review and release the records in the five boxes on or before 10/15/2024 and file a status report on or before 1/12/2024. A joint status report shall be due on or before 12/4/2023. (Court Reporter Tammi Sefranek) (zglw) (Entered: 10/12/2023)
2023-11-2723NOTICE OF SUBSTITUTION OF COUNSEL by Tabitha Bartholomew on behalf of All Defendants Substituting for attorney John Truong (Bartholomew, Tabitha) (Entered: 11/27/2023)
2023-12-0424Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES AIR FORCE. (Bartholomew, Tabitha) (Entered: 12/04/2023)
2023-12-05MINUTE ORDER: In light of the parties' Joint Status Report, Dkt. 24 , it is hereby ORDERED that the parties shall file a further Joint Status Report on or before March 1, 2024. Signed by Judge Randolph D. Moss on 12/5/23. (lcrdm2) (Entered: 12/05/2023)
2023-12-1325MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Tania Galloni, Filing fee $ 100, receipt number ADCDC-10554728. Fee Status: Fee Paid. by AMERICAN FRIENDS SERVICE COMMITTEE. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Helle, Sean) (Entered: 12/13/2023)
2023-12-13RESOLVED...NOTICE of Provisional/Government Not Certified Status re 25 MOTION for Leave to Appear Pro Hac Vice (Helle, Sean). Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 12/20/2023. (znmw) Modified on 1/3/2024 (zmrl). (Entered: 12/13/2023)
2024-01-10MINUTE ORDER: Upon consideration of Plaintiff's Motion for Admission Pro Hac Vice , Dkt. 25 , it is hereby ORDERED that the motion is GRANTED. Tania Galloni is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a)/LCrR 44.5(a). Click for Instructions . Signed by Judge Randolph D. Moss on 1/10/24. (lcrdm2) (Entered: 01/10/2024)
2024-01-1126NOTICE of Appearance by Tania Galloni on behalf of AMERICAN FRIENDS SERVICE COMMITTEE (Galloni, Tania) (Entered: 01/11/2024)
2024-01-1227STATUS REPORT by UNITED STATES AIR FORCE. (Bartholomew, Tabitha) (Entered: 01/12/2024)
2024-01-1228NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN FRIENDS SERVICE COMMITTEE. Attorney Nestor Perez terminated. (Perez, Nestor) (Entered: 01/12/2024)
2024-03-0129Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES AIR FORCE. (Bartholomew, Tabitha) (Entered: 03/01/2024)
2024-03-03MINUTE ORDER: In light of the parties' joint status report, Dkt. 29 , it is hereby ORDERED that the parties file a further joint status report on or before May 3, 2024. Signed by Judge Randolph D. Moss on 3/3/24. (lcrdm2) (Entered: 03/03/2024)
2024-04-2330NOTICE OF SUBSTITUTION OF COUNSEL by Kimberly Stratton on behalf of All Defendants Substituting for attorney B. Kathryn Debrason (Stratton, Kimberly) (Entered: 04/23/2024)
2024-04-2331NOTICE OF WITHDRAWAL OF APPEARANCE as to DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES AIR FORCE. Attorney Tabitha Bartholomew terminated. (Bartholomew, Tabitha) (Entered: 04/23/2024)
2024-05-0332Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES AIR FORCE. (Stratton, Kimberly) (Entered: 05/03/2024)
2024-05-03MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 32 , it is hereby ORDERED that the parties shall file a further joint status report on or before July 3, 2024. Signed by Judge Randolph D. Moss on 5/3/24. (lcrdm2) (Entered: 05/03/2024)
2024-07-0333Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES AIR FORCE. (Stratton, Kimberly) (Entered: 07/03/2024)
2024-07-03MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 33 , it is hereby ORDERED that the parties file a further joint status report on or before September 3, 2024. Signed by Judge Randolph D. Moss on 7/3/24. (lcrdm2) (Entered: 07/03/2024)
2024-08-0734NOTICE OF SUBSTITUTION OF COUNSEL by Kimberly Stratton on behalf of All Defendants Substituting for attorney B. Kathryn Debrason (Stratton, Kimberly) (Entered: 08/07/2024)
2024-08-2935MOTION for Extension of Time to File Joint Status Report by DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES AIR FORCE. (Stratton, Kimberly) (Entered: 08/29/2024)
2024-08-29MINUTE ORDER: Upon consideration of Defendants' Motion for Extension of Time to File Joint Status Report, Dkt. 35 , it is hereby ORDERED that the motion is GRANTED. The parties' joint status report shall be filed on or before September 10, 2024. Signed by Judge Randolph D. Moss on 8/29/2024. (lcrdm2) (Entered: 08/29/2024)
2024-09-0936NOTICE of Appearance by Kathleen Lea Riley on behalf of AMERICAN FRIENDS SERVICE COMMITTEE (Riley, Kathleen) (Entered: 09/09/2024)
2024-09-0937NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN FRIENDS SERVICE COMMITTEE. Attorney Sean M. Helle terminated. (Helle, Sean) (Entered: 09/09/2024)
2024-09-1038Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES AIR FORCE. (Attachments: # 1 Exhibit)(Stratton, Kimberly) (Entered: 09/10/2024)
2024-09-12MINUTE ORDER: In light of the parties' joint status report, Dkt. 38 , it is hereby ORDERED that the parties shall submit a further joint status report on or before October 24, 2024. The parties should address, at that time, whether the defendants have completed production of responsive records and, if so, whether the time is ripe to prepare and file a Vaughn index. Signed by Judge Randolph D. Moss on 9/12/2024. (lcrdm2) (Entered: 09/12/2024)
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