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Case TitleMALIK v. U.S. DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv00698
Date Filed2022-03-14
Date ClosedOpen
JudgeJudge Christopher R. Cooper
PlaintiffADAM MALIK
Case DescriptionAdam Malik submitted FOIA requests to the Department of Homeland Security, the FBI, and the National Archives and Records Administration for records concerning the seizure of his Iphone at DFW Airport on January 3, 2021. The agencies acknowledged receipt of the requests. Malik also submitted a request to U.S. Customs and Border Protection for records concerning its manuals and guidance for seizing of materials. The agency acknowledged that request but withheld large portions of manuals under Exemption 7(E) (investigative methods and techniques). Other agencies withheld records as well. Malik eventually filed suit against all the agencies.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
DefendantU.S. CUSTOMS AND BORDER PROTECTION
DefendantU.S. CITIZENSHIP AND IMMIGRATION SERVICES
DefendantU.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
DefendantNATIONAL ARCHIVES AND RECORDS ADMINISTRATION
DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantALEJANDRO MAYORKAS SECRETARY OF US DHS
DefendantALEJANDRO N. MAYORKAS SECRETARY OF US DHS
DefendantCHRIS MAGNUS COMMISSIONER OF THE U.S. CBP
DefendantUR MENDOZA JADDOU DIRECTOR OF THE USCIS
DefendantTAE JOHNSON ACTING DIRECTOR US ICE
DefendantDAVID FERRIERO ARCHIVIST OF THE UNITED STATES
DefendantCHRISTOPHER WRAY DIRECTOR OF THE FBI
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-03-141COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9102082) filed by ADAM MALIK. (Attachments: # 1 Civil Cover Sheet)(Elmazi, Blerim) (Entered: 03/14/2022)
2022-03-142REQUEST FOR SUMMONS TO ISSUE filed by ADAM MALIK.(Elmazi, Blerim) (Entered: 03/14/2022)
2022-03-15Case Assigned to Judge Christopher R. Cooper. (zmh) (Entered: 03/15/2022)
2022-03-15NOTICE OF ERROR re 2 Request for Summons to Issue; emailed to blerim@elmazilaw.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zmh, ) (Entered: 03/15/2022)
2022-03-153REQUEST FOR SUMMONS TO ISSUE filed by ADAM MALIK.(Elmazi, Blerim) (Entered: 03/15/2022)
2022-03-164ENTERED IN ERROR.....SUMMONS (14) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmh) Modified on 3/24/2022 (znmw). (Entered: 03/16/2022)
2022-03-16NOTICE OF ERROR re 3 Request for Summons to Issue; emailed to blerim@elmazilaw.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Missing/incorrect summonses. Please submit using the event Request for Summons to issue., 2. Please use the FOIA summons at https://www.dcd.uscourts.gov/sites/dcd/files/Summons-FOIA_2013_FILL.pdf (zsb, ) (Entered: 03/16/2022)
2022-03-245RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 3/21/2022; DAVID FERRIERO served on 3/18/2022; UR MENDOZA JADDOU served on 3/22/2022; TAE JOHNSON served on 3/22/2022; CHRIS MAGNUS served on 3/24/2022; ADAM MALIK served on 3/24/2022; ALEJANDRO MAYORKAS served on 3/21/2022; NATIONAL ARCHIVES AND RECORDS ADMINISTRATION served on 3/18/2022; U.S. CITIZENSHIP AND IMMIGRATION SERVICES served on 3/22/2022; U.S. CUSTOMS AND BORDER PROTECTION served on 3/21/2022; U.S. DEPARTMENT OF HOMELAND SECURITY served on 3/22/2022; U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT served on 3/22/2022; CHRISTOPHER WRAY served on 3/21/2022 (Attachments: # 1 Exhibit Certified Mail Receipt)(Elmazi, Blerim) (Entered: 03/24/2022)
2022-05-046Consent MOTION for Extension of Time to Answer or Otherwise Respond by FEDERAL BUREAU OF INVESTIGATION, DAVID FERRIERO, UR MENDOZA JADDOU, TAE JOHNSON, CHRIS MAGNUS, ALEJANDRO MAYORKAS, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHRISTOPHER WRAY. (Moustakas, John) (Entered: 05/04/2022)
2022-05-05MINUTE ORDER granting 6 Motion for Extension of Time For Filing Answer, Nunc Pro Tunc . Defendants shall answer or otherwise respond to the complaint by May 23, 2022. Signed by Judge Christopher R. Cooper on 5/5/2022. (lccrc2) (Entered: 05/05/2022)
2022-05-237ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, DAVID FERRIERO, UR MENDOZA JADDOU, TAE JOHNSON, CHRIS MAGNUS, ALEJANDRO MAYORKAS, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHRISTOPHER WRAY.(Moustakas, John) (Entered: 05/23/2022)
2022-05-24MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties promptly confer and file a joint proposed schedule for briefing or disclosure by June 7, 2022. Signed by Judge Christopher R. Cooper on 5/24/2022. (lccrc3) (Entered: 05/24/2022)
2022-06-078Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, DAVID FERRIERO, UR MENDOZA JADDOU, TAE JOHNSON, CHRIS MAGNUS, ALEJANDRO N. MAYORKAS, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHRISTOPHER WRAY. (Moustakas, John) (Entered: 06/07/2022)
2022-06-10MINUTE ORDER: In light of the 8 Joint Status Report, the parties shall file a further joint status report by August 11, 2022. Signed by Judge Christopher R. Cooper on 6/10/2022. (lccrc2) (Entered: 06/10/2022)
2022-08-119Joint STATUS REPORT by ADAM MALIK. (Attachments: # 1 Text of Proposed Order)(Elmazi, Blerim) (Entered: 08/11/2022)
2022-08-12MINUTE ORDER: In light of the 9 Joint Status Report, the parties shall file a further joint status report by October 10, 2022. Signed by Judge Christopher R. Cooper on 8/12/2022. (lccrc2) (Entered: 08/12/2022)
2022-09-0810Unopposed MOTION to Withdraw as Attorney by ADAM MALIK. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Elmazi, Blerim) (Entered: 09/08/2022)
2022-09-08MINUTE ORDER: Plaintiff's 10 Motion to Withdraw Attorney is hereby GRANTED. Attorney Blerim Elmazi is terminated from the case. Signed by Judge Christopher R. Cooper on 9/8/2022. (lccrc2) (Entered: 09/08/2022)
2022-09-1211NOTICE of Appearance by Adam Malik on behalf of All Plaintiffs (Malik, Adam) (Entered: 09/12/2022)
2022-10-1212STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, DAVID FERRIERO, UR MENDOZA JADDOU, TAE JOHNSON, CHRIS MAGNUS, ALEJANDRO N. MAYORKAS, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHRISTOPHER WRAY. (Moustakas, John) (Entered: 10/12/2022)
2022-10-1213STATUS REPORT Plaintiff Status Report with Proposed Order by ADAM MALIK. (Attachments: # 1 Text of Proposed Order Proposed Order)(Malik, Adam) (Entered: 10/12/2022)
2022-10-14MINUTE ORDER: In light of the parties' 12 13 Joint Status Reports, the parties are hereby directed to submit another report by December 12, 2022. Signed by Judge Christopher R. Cooper on 10/14/2022. (lccrc2) (Entered: 10/14/2022)
2022-11-2814Mail Returned as Undeliverable re Minute Order issued on 10/14/2022. New address not provided; unable to forward. (lsj) (Entered: 11/28/2022)
2022-12-0715STATUS REPORT Plaintiff Status Report without Proposed Order by ADAM MALIK. (Malik, Adam) (Entered: 12/07/2022)
2022-12-0716NOTICE of Change of Address by Adam Malik (Malik, Adam) (Entered: 12/07/2022)
2022-12-1317Consent MOTION for Extension of Time to File Responsive Status Report by FEDERAL BUREAU OF INVESTIGATION, DAVID FERRIERO, UR MENDOZA JADDOU, TAE JOHNSON, CHRIS MAGNUS, ALEJANDRO N. MAYORKAS, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHRISTOPHER WRAY. (Moustakas, John) (Entered: 12/13/2022)
2022-12-14MINUTE ORDER granting Defendants' 17 Motion for Extension of Time to File Status Report. Defendants shall file a response to Plaintiff's status report by January 6, 2023. Signed by Judge Christopher R. Cooper on 12/14/2022. (lccrc2) (Entered: 12/14/2022)
2023-01-0618STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, DAVID FERRIERO, UR MENDOZA JADDOU, TAE JOHNSON, CHRIS MAGNUS, ALEJANDRO N. MAYORKAS, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHRISTOPHER WRAY. (Moustakas, John) (Entered: 01/06/2023)
2023-01-0819MOTION for Vaughn Index by ADAM MALIK. (Attachments: # 1 Exhibit)(Malik, Adam) (Entered: 01/08/2023)
2023-01-12Minute Order: The Court has reviewed 15 Plaintiff's Status Report and 18 Defendants' Response. The Court hereby orders Defendants to provide Plaintiff with draft Vaughn indexes on or before March 17, 2023. The parties shall then meet and confer and file, by April 14, 2023, a joint status report summarizing any remaining disputes and, if disputes remain, a schedule for prompt summary judgment briefing. Plaintiff's 19 Motion for Vaughn Index is denied as moot. So Ordered. Signed by Judge Christopher R. Cooper on 1/12/2023. (lccrc2) (Entered: 01/12/2023)
2023-04-1220Joint MOTION for Extension of Time to File Joint Status Report by FEDERAL BUREAU OF INVESTIGATION, DAVID FERRIERO, UR MENDOZA JADDOU, TAE JOHNSON, CHRIS MAGNUS, ALEJANDRO N. MAYORKAS, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHRISTOPHER WRAY. (Moustakas, John) (Entered: 04/12/2023)
2023-04-14MINUTE ORDER granting the parties' 20 Motion for Extension of Time to File a Joint Status Report. The parties shall file a status report by May 2, 2023. Signed by Judge Christopher R. Cooper on 4/14/2023. (lccrc2) (Entered: 04/14/2023)
2023-05-0121Joint MOTION for Extension of Time to file Joint Status Report by ADAM MALIK. (Malik, Adam) (Entered: 05/01/2023)
2023-05-02MINUTE ORDER granting 21 Motion for Extension of Time to File Joint Status Report. The parties shall file a joint status report by June 2, 2023. Signed by Judge Christopher R. Cooper on 5/2/2023. (lccrc2) (Entered: 05/02/2023)
2023-06-0122Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, DAVID FERRIERO, UR MENDOZA JADDOU, TAE JOHNSON, CHRIS MAGNUS, ALEJANDRO N. MAYORKAS, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHRISTOPHER WRAY. (Moustakas, John) (Entered: 06/01/2023)
2023-06-05MINUTE ORDER: In light of the parties' 22 Joint Status Report, the parties shall file a further report by August 29, 2023. The parties shall submit a proposed briefing schedule with their August status report in the event that disputes remain. Signed by Judge Christopher R. Cooper on 6/5/2023. (lccrc2) (Entered: 06/05/2023)
2023-08-2923Consent MOTION for Extension of Time to File Joint Status Report by FEDERAL BUREAU OF INVESTIGATION, DAVID FERRIERO, UR MENDOZA JADDOU, TAE JOHNSON, CHRIS MAGNUS, ALEJANDRO N. MAYORKAS, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHRISTOPHER WRAY. (Moustakas, John) (Entered: 08/29/2023)
2023-08-31MINUTE ORDER granting 23 Consent Motion for Extension of Time to File Joint Status Report. The parties shall submit their joint status report by September 19, 2023. The parties shall submit a proposed briefing schedule with their September status report in the event that disputes remain. Signed by Judge Christopher R. Cooper on 8/31/2023. (lccrc2) (Entered: 08/31/2023)
2023-09-1924Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, DAVID FERRIERO, UR MENDOZA JADDOU, TAE JOHNSON, CHRIS MAGNUS, ALEJANDRO N. MAYORKAS, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHRISTOPHER WRAY. (Moustakas, John) (Entered: 09/19/2023)
2023-09-20MINUTE ORDER: In light of 24 the parties' Joint Status Report, the Court directs the parties to submit a proposed briefing schedule by September 29, 2023. Signed by Judge Christopher R. Cooper on 9/20/2023. (lccrc2) (Entered: 09/20/2023)
2023-09-2925Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, DAVID FERRIERO, UR MENDOZA JADDOU, TAE JOHNSON, CHRIS MAGNUS, ALEJANDRO N. MAYORKAS, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHRISTOPHER WRAY. (Moustakas, John) (Entered: 09/29/2023)
2023-10-02MINUTE ORDER: Given the long delay in summary judgment briefing proposed in the parties' latest status report, the parties are directed to file a joint notice by October 6, 2023 indicating whether they would be willing to use that time to engage in mediation before the D.C. Circuit Executive's mediation program. Signed by Judge Christopher R. Cooper on 10/2/2023. (lccrc2) (Entered: 10/02/2023)
2023-10-0626Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, DAVID FERRIERO, UR MENDOZA JADDOU, TAE JOHNSON, ALEJANDRO N. MAYORKAS, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHRISTOPHER WRAY. (Moustakas, John) (Entered: 10/06/2023)
2023-10-12MINUTE ORDER REFERRING CASE TO MEDIATION: In light of the parties' 26 Joint Status Report, the Court hereby refers this case to mediation with the Circuit Executive Mediation Program for a period of 90 days. The parties should contact the program office at (202) 216-7350 to schedule the mediation. The parties shall file a Joint Status Report at the conclusion of the 90-day period. In the event that disputes remain, the Court adopts the parties' proposed briefing schedule as set forth in the parties' 25 Joint Status Report: Defendant's Summary Judgment Motion is due February 5, 2024; Plaintiff's Combined Opposition to Defendant's Motion and Cross Motion for Summary Judgment is due March 6, 2024; Defendant's Combined Reply and Opposition to Plaintiff's Cross Motion is due April 5, 2024; and Plaintiff's Reply is due May 6, 2024. Signed by Judge Christopher R. Cooper on 10/12/2023. (lccrc2) (Entered: 10/12/2023)
2023-12-2727NOTICE OF SUBSTITUTION OF COUNSEL by Sam Escher on behalf of All Defendants Substituting for attorney John Moustakas (Escher, Sam) (Entered: 12/27/2023)
2024-01-3128ENTERED IN ERROR.....Consent MOTION for Extension of Time to File Summary Judgment Briefing by FEDERAL BUREAU OF INVESTIGATION, DAVID FERRIERO, UR MENDOZA JADDOU, TAE JOHNSON, CHRIS MAGNUS, ALEJANDRO N. MAYORKAS, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHRISTOPHER WRAY. (Attachments: # 1 Text of Proposed Order)(Escher, Sam) Modified on 2/1/2024 Amended Motion filed at entry 29 (zjm). (Entered: 01/31/2024)
2024-01-3129Amended MOTION for Extension of Time to File Summary Judgment Briefing by FEDERAL BUREAU OF INVESTIGATION, DAVID FERRIERO, UR MENDOZA JADDOU, TAE JOHNSON, CHRIS MAGNUS, ALEJANDRO N. MAYORKAS, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, CHRISTOPHER WRAY. (Attachments: # 1 Text of Proposed Order)(Escher, Sam) (Entered: 01/31/2024)
2024-02-01MINUTE ORDER granting 29 Defendants' Amended Motion for Extension of Time. Defendants' motion for summary judgment shall be due by March 6, 2024; Plaintiff's combined opposition and cross motion shall be due by April 5, 2024; Defendants' combined reply and opposition shall be due by May 6, 2024; and Plaintiff's reply, if any, shall be due by June 5, 2024. Further extension requests will be disfavored. Signed by Judge Christopher R. Cooper on 2/1/2024. (lccrc2) (Entered: 02/01/2024)
2024-03-0630MOTION for Leave to File Declarations Under Seal and Ex Parte, In Camera by FEDERAL BUREAU OF INVESTIGATION, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Escher, Sam) (Entered: 03/06/2024)
2024-03-0631MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Statement of Facts, # 2 CBP - Declaration and Exhibits, # 3 USCIS - Declaration, # 4 USCIS - Vaughn Index, # 5 ICE - Declaration, # 6 ICE - Vaughn Index, # 7 FBI - Declaration and Exhibits, # 8 NARA - Declaration and Exhibits, # 9 Text of Proposed Order)(Escher, Sam) (Entered: 03/06/2024)
2024-03-11MINUTE ORDER: Plaintiff shall file any opposition to 30 Defendants' Motion for Leave to File Declarations Under Seal and Ex Parte, In Camera by March 15, 2024. Signed by Judge Christopher R. Cooper on 3/11/2024. (lccrc2) (Entered: 03/11/2024)
2024-03-1532Memorandum in opposition to re 30 Motion for Leave to File, under Seal and Ex Parte filed by ADAM MALIK. (Attachments: # 1 Text of Proposed Order)(Malik, Adam) (Entered: 03/15/2024)
2024-04-03MINUTE ORDER: Defendants are directed, by April 12, 2024, to file a reply brief in support of their 30 Motion for Leave to Submit Declarations Under Seal and Ex Parte , with supporting declarations as necessary, addressing the specific (and longstanding) requirements in the D.C. Circuit for the acceptance of ex parte declarations in FOIA cases. See, e.g. , Perioperative Services and Logistics, LLC v. U.S. Dep't of Veterans Affairs , 57 F.4th 1061, 1065 (D.C. Cir. 2023) ("[A] district court may receive an ex parte affidavit if and only if '(1) the validity of the government's assertion of [an] exemption cannot be evaluated without information beyond that contained in the public affidavits and in the records themselves, and (2) public disclosure of that information would compromise the secrecy asserted.'") (quoting Arieff v. U.S. Dep't of the Navy , 712 F.2d 1462, 1471 (D.C. Cir. 1983))); see also Armstrong v. Executive Office of the President , 97 F.3d 575, 580 (D.C. Cir. 1996) ("Case law in this Circuit is clear that when a district court uses an in camera affidavit, it must both make its reasons for doing so clear and make as much as possible of the in camera submission available to the opposing party."); Lykins v. U.S. Dep't of Justice , 725 F.2d 1455, 1465 (D.C. Cir. 1984) ("When a trial court does make use of in camera affidavits, it must see to it that such use is justified to the greatest extent possible on the public record[.]"). Plaintiff may file a surreply by April 19, 2024. So Ordered by Judge Christopher R. Cooper on 4/3/2024. (lccrc2) (Entered: 04/03/2024)
2024-04-0433Unopposed MOTION for Extension of Time to File Response/Reply as to 31 MOTION for Summary Judgment by ADAM MALIK. (Attachments: # 1 Text of Proposed Order)(Malik, Adam) (Entered: 04/04/2024)
2024-04-05MINUTE ORDER granting in part and denying in part 33 Plaintiff's Motion for Extension of Time. The deadline for Plaintiff's combined opposition and cross motion for summary judgment shall be set 30 days after the Court's ruling on 30 Defendant's Motion for Leave to Submit Declarations Under Seal and Ex Parte . Signed by Judge Christopher R. Cooper on 4/5/2024. (lccrc2) (Entered: 04/05/2024)
2024-04-1134REPLY to opposition to motion re 30 MOTION for Leave to File Declarations Under Seal and Ex Parte, In Camera filed by FEDERAL BUREAU OF INVESTIGATION, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Escher, Sam) (Entered: 04/11/2024)
2024-04-1935SURREPLY to re 30 MOTION for Leave to File Declarations Under Seal and Ex Parte, In Camera filed by ADAM MALIK. (Attachments: # 1 Text of Proposed Order)(Malik, Adam) (Entered: 04/19/2024)
2024-04-25MINUTE ORDER granting 30 Defendants' Motion for Leave to File Declarations Under Seal and Ex Parte, In Camera. Based on Defendants' representation that the sensitivity of the records requested requires them to submit declarations explaining the asserted exemptions under seal, ex parte, and in camera, the Court finds that "the validity of the government's assertion of exemption cannot be evaluated without information beyond that contained in the public affidavits and in the records themselves" and that "public disclosure of that information would compromise the secrecy asserted." Arieff v. U.S. Dep't of the Navy , 712 F.2d 1462, 1471 (D.C. Cir. 1983). The Court will indicate in its ruling on the motion for summary judgment the extent to which it relied on the proffered ex parte declarations and its reasons for doing so. It is further ordered that Plaintiff shall respond to 31 Defendants' Motion for Summary Judgment by May 27, 2024. So Ordered by Judge Christopher R. Cooper on 4/24/2024. (lccrc2) (Entered: 04/25/2024)
2024-05-2736Joint MOTION to Seal Case Leave to File Documents Under Seal by ADAM MALIK. (Attachments: # 1 Text of Proposed Order)(Malik, Adam) (Entered: 05/27/2024)
2024-05-2737MOTION for Summary Judgment Plaintiff's MSJ by ADAM MALIK. (Attachments: # 1 Text of Proposed Order)(Malik, Adam) (Entered: 05/27/2024)
2024-05-2738RESPONSE re 31 MOTION for Summary Judgment Opposition to Defendant's MSJ filed by ADAM MALIK. (Attachments: # 1 Text of Proposed Order)(Malik, Adam) (Entered: 05/27/2024)
2024-05-2739SEALED DOCUMENT filed by ADAM MALIK re 38 Response to motion (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Supplement)(Malik, Adam) (Entered: 05/27/2024)
2024-05-2740SEALED DOCUMENT filed by ADAM MALIK re 37 MOTION for Summary Judgment Plaintiff's MSJ (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Supplement)(Malik, Adam) (Entered: 05/27/2024)
2024-05-2941Unopposed MOTION for Extension of Time to File Response/Reply by FEDERAL BUREAU OF INVESTIGATION, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Escher, Sam) (Entered: 05/29/2024)
2024-05-29MINUTE ORDER granting 36 Joint Motion for Leave to File Documents Under Seal. Signed by Judge Christopher R. Cooper on 5/29/2024. (lccrc2) (Entered: 05/29/2024)
2024-05-30MINUTE ORDER granting 41 Defendants' Motion for Extension of Time to File Response/Reply. Defendants' combined reply in support of their motion for summary judgment and opposition to Plaintiff's cross motion for summary judgment is due by August 2, 2024. Plaintiff's reply, if any, shall be due by August 16, 2024. Signed by Judge Christopher R. Cooper on 5/30/2024. (lccrc2) (Entered: 05/30/2024)
2024-07-2642REPLY to opposition to motion re 31 MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Escher, Sam) (Entered: 07/26/2024)
2024-07-2643RESPONSE re 37 MOTION for Summary Judgment Plaintiff's MSJ filed by FEDERAL BUREAU OF INVESTIGATION, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Escher, Sam) (Entered: 07/26/2024)
2024-08-1444REPLY to opposition to motion re 37 MOTION for Summary Judgment Plaintiff's MSJ , 31 MOTION for Summary Judgment filed by ADAM MALIK. (Malik, Adam) (Entered: 08/14/2024)
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