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Case TitlePROJECT ON GOVERNMENT OVERSIGHT, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv02662
Date Filed2023-09-12
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffPROJECT ON GOVERNMENT OVERSIGHT, INC.
Case DescriptionProject on Government Oversight submitted three FOIA requests to Customs and Border Protection for records concerning force incidents reported in an agency database. POGO also requested expedited processing and a fee waiver. The agency acknowledged receipt of the requests. POGO filed administrative appeals, but after hearing nothing further from the agency, POGO filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-09-121COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 402 receipt number ADCDC-10342816) filed by PROJECT ON GOVERNMENT OVERSIGHT, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons U.S. Attorney, # 4 Summons U.S. Dep't of Homeland Sec.)(Weismann, Anne) (Entered: 09/12/2023)
2023-09-122LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PROJECT ON GOVERNMENT OVERSIGHT, INC. (Weismann, Anne) (Entered: 09/12/2023)
2023-09-12Case Assigned to Judge Randolph D. Moss. (zcb) (Entered: 09/12/2023)
2023-09-123SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 09/12/2023)
2023-09-134STANDING 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 9/13/2023. (lcrdm1) (Main Document 4 replaced on 8/21/2024) (zglw). (Entered: 09/13/2023)
2023-09-205RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/14/2023. Answer due for ALL FEDERAL DEFENDANTS by 10/14/2023. (Weismann, Anne) (Entered: 09/20/2023)
2023-09-206RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/14/2023. (Weismann, Anne) (Entered: 09/20/2023)
2023-09-207RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 9/13/2023 (Weismann, Anne) (Entered: 09/20/2023)
2023-10-128NOTICE of Appearance by Fithawi Berhane on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY (Berhane, Fithawi) (Entered: 10/12/2023)
2023-10-129Consent MOTION for Extension of Time to Respond to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 10/12/2023)
2023-10-12MINUTE ORDER: Upon consideration of Defendant's consent motion to extend, Dkt. 9 , it is hereby ORDERED that the motion is GRANTED. Defendant is ORDERED to respond to the complaint on or before November 15, 2023. Signed by Judge Randolph D. Moss on 10/12/2023. (lcrdm1) (Entered: 10/12/2023)
2023-11-1510ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY.(Berhane, Fithawi) (Entered: 11/15/2023)
2023-11-16MINUTE ORDER: It is ORDERED that, on or before December 12, 2023, 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 December 19, 2023, at 11:00 a.m. in Courtroom 8. Signed by Judge Randolph D. Moss on 11/16/2023. (lcrdm1) (Entered: 11/16/2023)
2023-12-11MINUTE ORDER: In light of a scheduling conflict, the initial scheduling conference currently scheduled for December 19, 2023 is hereby VACATED. The Court will reschedule the hearing once the parties have conferred with the Court's deputy clerk regarding their availability. Signed by Judge Randolph D. Moss on 12/11/2023. (lcrdm3) (Entered: 12/11/2023)
2023-12-1211Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Berhane, Fithawi) (Entered: 12/12/2023)
2023-12-1312Amended STATUS REPORT by PROJECT ON GOVERNMENT OVERSIGHT, INC.. (Weismann, Anne) (Entered: 12/13/2023)
2023-12-14MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 12 , it is hereby ORDERED that the parties appear for a status conference on December 20, 2023 at 4:00 p.m. Signed by Judge Randolph D. Moss on 12/14/2023. (lcrdm1) (Entered: 12/14/2023)
2023-12-20Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 12/20/2023. For the reasons stated on the record, the parties are directed to submit a Joint Status Report on or before 2/1/2024. The court further directs that on the first business day of every month beginning 2/1/2024 that the defendants shall process not less than 750 pages of the 2017 request. (Court Reporter Tammi Sefranek) (zglw) (Entered: 12/20/2023)
2024-02-0113STATUS REPORT by PROJECT ON GOVERNMENT OVERSIGHT, INC.. (Weismann, Anne) (Entered: 02/01/2024)
2024-02-0114STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Berhane, Fithawi) (Entered: 02/01/2024)
2024-02-0215ERRATA by U.S. DEPARTMENT OF HOMELAND SECURITY re 14 Status Report. (Berhane, Fithawi) (Entered: 02/02/2024)
2024-02-02MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 15 , it is hereby ORDERED that the parties submit a further joint status report on or before April 1, 2024. Signed by Judge Randolph D. Moss on 2/2/2024. (lcrdm1) (Entered: 02/02/2024)
2024-02-1316MOTION Processing Order by PROJECT ON GOVERNMENT OVERSIGHT, INC.. (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) Modified on 2/13/2024 to correct relief (zjm). (Entered: 02/13/2024)
2024-02-16MINUTE ORDER: In light of Plaintiff's motion for a processing order, Dkt. 16 , Defendant is hereby ORDERED to respond to the motion on or before February 27, 2024. Signed by Judge Randolph D. Moss on 2/16/2024. (lcrdm1) (Entered: 02/16/2024)
2024-02-2617Unopposed MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Order by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 02/26/2024)
2024-02-26MINUTE ORDER: Upon consideration of Defendant's unopposed motion to extend time, Dkt. 17 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant shall file its opposition to Plaintiff's motion for a processing order on or before March 1, 2024. Signed by Judge Randolph D. Moss on 2/26/2024. (lcrdm1) (Entered: 02/26/2024)
2024-03-0118Memorandum in opposition to re 16 Motion for Order filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 03/01/2024)
2024-03-0619REPLY to opposition to motion re 16 MOTION for Order filed by PROJECT ON GOVERNMENT OVERSIGHT, INC.. (Weismann, Anne) (Entered: 03/06/2024)
2024-03-08MINUTE ORDER: In light of Plaintiff's motion for a processing order, Dkt. 16 , and Defendant's opposition, Dkt. 18 , it is hereby ORDERED that the parties appear for a status conference on April 4, 2024 at 11:30 a.m. in Courtroom 8. Signed by Judge Randolph D. Moss on 3/8/2024. (lcrdm1) (Entered: 03/08/2024)
2024-04-0320Joint MOTION to Vacate Status Conference by U.S. DEPARTMENT OF HOMELAND SECURITY. (Berhane, Fithawi) (Entered: 04/03/2024)
2024-04-04MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 20 , it is hereby ORDERED that the status conference scheduled for April 4, 2024, is VACATED. It is further ORDERED that the parties file a further joint status report on or before April 19, 2024, updating the Court on the progress of the parties' negotiations about Plaintiff's two 2022 FOIA requests and indicating whether the Court should schedule a hearing on Plaintiff's motion for a processing order or deny the motion as moot. Signed by Judge Randolph D. Moss on 4/4/2024. (lcrdm1) (Entered: 04/04/2024)
2024-04-1921Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Berhane, Fithawi) (Entered: 04/19/2024)
2024-04-20MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 21 , it is hereby ORDERED that the parties file a further joint status report on or before May 20, 2024. In light of Plaintiff's representation in the joint status report that it "withdraws its motion" for a processing order, it is further ORDERED that the motion for a processing order, Dkt. 16 , is DENIED without prejudice. Signed by Judge Randolph D. Moss on 4/20/2024. (lcrdm1) (Entered: 04/20/2024)
2024-05-2022Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Berhane, Fithawi) (Entered: 05/20/2024)
2024-05-21MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 22 , it is hereby ORDERED that the parties submit a further joint status report on or before June 17, 2024. Signed by Judge Randolph D. Moss on 5/21/2024. (lcrdm1) (Entered: 05/21/2024)
2024-06-1423Consent MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 06/14/2024)
2024-06-21MINUTE ORDER: Upon consideration of the Defendants consent motion to extend time, Dkt. 23 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the parties shall file their joint status report on or before June 24, 2024.Signed by Judge Randolph D. Moss on 6/21/24. (zglw) (Entered: 06/21/2024)
2024-06-2424Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 06/24/2024)
2024-06-28MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 24 , it is hereby ORDERED that the parties submit a further joint status report on or before July 26, 2024. In addition, in the joint status report, Defendant states that the current processing rate of 750 pages per month is unduly onerous. If the Defendant seeks relief from this Court in the form of a lower monthly processing rate, the Defendant should file a motion with the Court requesting such relief and it should support that motion with a declaration explaining in detail why it believes that the current processing rate is unduly onerous. Signed by Judge Randolph D. Moss on 6/28/24. (lcrdm2) (Entered: 06/28/2024)
2024-07-2625Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Berhane, Fithawi) (Entered: 07/26/2024)
2024-07-26MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 25 , it is hereby ORDERED that the parties submit a further joint status report on or before September 25, 2024. Signed by Judge Randolph D. Moss on 7/26/2024. (lcrdm1) (Entered: 07/26/2024)
2024-09-2026MOTION to Modify Processing Order by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Berhane, Fithawi) (Entered: 09/20/2024)
2024-09-22MINUTE ORDER: Upon consideration of Defendant's Motion to Modify Processing Order, Dkt. 26 , it is hereby ORDERED that Plaintiff respond to the motion on or before September 30, 2024. Signed by Judge Randolph D. Moss on 09/22/2024. (lcrdm1) (Entered: 09/22/2024)
2024-09-2527Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Berhane, Fithawi) (Entered: 09/25/2024)
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