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Case TitleCENTER FOR IMMIGRATION STUDIES v. FEDERAL BUREAU OF INVESTIGATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00135
Date Filed2024-01-16
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffCENTER FOR IMMIGRATION STUDIES
Case DescriptionCenter for Immigration Studies submitted two FOIA requests to the FBI for records. The first FOIA request asked for records concerning categories of records of each encounter between ports of entry with a person on the Terrorist Screening Dataset. The agency acknowledged receipt of the request. The FBI denied the request because it did not constitute a FOIA request under its FOIA regulations. CIS filed an administrative appeal of the decision. The second request asked for records different categories of records relating to encounters between ports of entry with a person on the Terrorist Dataset. The agency acknowledged receipt of the second request and denied it because it did not constitute a FOIA request under the FBI's FOIA regulations. CIS filed an administrative appeal of the second FOIA request as well but after hearing nothing further from the agency, CIS filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantFEDERAL BUREAU OF INVESTIGATION
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-01-161COMPLAINT against FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 405 receipt number ADCDC-10619960) filed by CENTER FOR IMMIGRATION STUDIES. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet, # 6 Summons, # 7 Summons, # 8 Summons)(Farnsworth, Colin) (Entered: 01/16/2024)
2024-01-162LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR IMMIGRATION STUDIES (Farnsworth, Colin) (Entered: 01/16/2024)
2024-01-16Case Assigned to Judge Timothy J. Kelly. (zrtw) (Entered: 01/16/2024)
2024-01-163SUMMONS (3) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (zrtw) (Entered: 01/16/2024)
2024-01-304ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/29/2024. Answer due for ALL FEDERAL DEFENDANTS by 2/28/2024. (Farnsworth, Colin) Modified on 1/31/2024 (ztth). (Entered: 01/30/2024)
2024-01-305RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/29/24. (Farnsworth, Colin) (Entered: 01/30/2024)
2024-01-306RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 1/19/2024 (Farnsworth, Colin) (Entered: 01/30/2024)
2024-01-31NOTICE OF ERROR regarding 4 Summons Returned Executed in FOIA as to U.S. Attorney. The following error(s) need correction: Incorrect case number. Please refile. (ztth) (Entered: 01/31/2024)
2024-01-317RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/29/2024. Answer due for ALL FEDERAL DEFENDANTS by 2/28/2024. (Farnsworth, Colin) (Entered: 01/31/2024)
2024-02-288NOTICE of Appearance by Brian J. Levy on behalf of FEDERAL BUREAU OF INVESTIGATION (Levy, Brian) (Entered: 02/28/2024)
2024-02-289ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION.(Levy, Brian) (Entered: 02/28/2024)
2024-02-29MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by March 20, 2024. Signed by Judge Timothy J. Kelly on 2/29/2024. (lctjk1) (Entered: 02/29/2024)
2024-03-2010Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 03/20/2024)
2024-03-21MINUTE ORDER: Upon consideration of the parties' 10 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by April 22, 2024. Signed by Judge Timothy J. Kelly on 3/21/2024. (lctjk1) (Entered: 03/21/2024)
2024-04-2211Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 04/22/2024)
2024-04-23MINUTE ORDER: In light of the parties' 11 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by May 21, 2024, and every 30 days thereafter, until the Court orders otherwise. Signed by Judge Timothy J. Kelly on 4/23/2024. (lctjk1) (Entered: 04/23/2024)
2024-05-2112Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 05/21/2024)
2024-06-2113Consent MOTION for Extension of Time to File by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 06/21/2024)
2024-06-24MINUTE ORDER granting Defendant's 13 Consent Motion for Extension of Time to File Joint Status Report. It is hereby ORDERED, nunc pro tunc and for good cause shown, that Defendant's consent motion is GRANTED. It is further ORDERED that the parties shall file a joint status report by June 28, 2024. Signed by Judge Timothy J. Kelly on 6/24/2024. (lctjk1) (Entered: 06/24/2024)
2024-06-2814Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 06/28/2024)
2024-07-02MINUTE ORDER: In light of the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by July 30, 2024, and every 30 days thereafter, until the Court orders otherwise. Signed by Judge Timothy J. Kelly on 7/2/2024. (lctjk1) (Entered: 07/02/2024)
2024-07-3015Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 07/30/2024)
2024-08-2916Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 08/29/2024)
2024-08-30MINUTE ORDER: Upon consideration of the parties' 16 Joint Status Report, it is hereby ORDERED that Defendant shall file its motion for summary judgment by November 13, 2024; Plaintiff shall file its opposition and cross-motion for summary judgment by December 20, 2024; Defendant shall file its reply in support of its motion and opposition to Plaintiff's cross-motion by January 17, 2025; and Plaintiff shall file its reply in support of its motion by February 14, 2025. Signed by Judge Timothy J. Kelly on 8/30/2024. (lctjk1) (Entered: 08/30/2024)
2024-11-0617MOTION to Modify Scheduling Order by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 11/06/2024)
2024-11-0718Memorandum in opposition to re 17 Motion to Modify the Scheduling Order filed by CENTER FOR IMMIGRATION STUDIES. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Farnsworth, Colin) (Entered: 11/07/2024)
2024-11-08MINUTE ORDER: Upon consideration of Defendant's 17 Motion to Modify Scheduling Order, it is hereby ORDERED that, for good cause shown, the motion is GRANTED to the extent that Defendant shall file its motion for summary judgment by November 20, 2024. However, upon consideration of Plaintiff's 18 opposition to the 17 motion, the remaining deadlines in the Court's scheduling order entered on August 30, 2024, shall remain unchanged. Signed by Judge Timothy J. Kelly on 11/8/2024. (lctjk1) (Entered: 11/08/2024)
2024-11-2019MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Statement of Facts, # 2 Declaration Seidel, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Text of Proposed Order)(Levy, Brian) (Entered: 11/20/2024)
2024-12-1620MOTION to Modify Scheduling Order by CENTER FOR IMMIGRATION STUDIES. (Attachments: # 1 Text of Proposed Order)(Farnsworth, Colin) (Entered: 12/16/2024)
2024-12-17MINUTE ORDER: Upon consideration of Plaintiff's 20 Motion to Modify Scheduling Order, it is hereby ORDERED that, for good cause shown and because Defendant consents, the motion is GRANTED. It is further ORDERED that the Court's scheduling order shall be modified as follows: Plaintiff shall file its opposition and cross-motion for summary judgment by January 3, 2025; Defendant shall file its reply in support of its motion and opposition to Plaintiff's cross-motion by January 31, 2025; and Plaintiff shall file its reply in support of its motion by February 28, 2025. Signed by Judge Timothy J. Kelly on 12/17/2024. (lctjk1) (Entered: 12/17/2024)
2024-12-3021MOTION for Leave to File Excess Pages by CENTER FOR IMMIGRATION STUDIES. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Farnsworth, Colin) (Entered: 12/30/2024)
2025-01-02MINUTE ORDER treating as opposed and granting Plaintiff's 21 Motion for Leave to File Excess Pages. Upon consideration of Plaintiff's motion for leave to exceed the 45-page limit on its combined cross-motion for summary judgment and opposition to Defendant's motion for summary judgment, and for good cause shown, it is hereby ORDERED that Plaintiff's 21 Motion is GRANTED. It is further ORDERED that the page limit for Plaintiff's combined motions shall be enlarged to 60 pages. Defendant may, of course, seek leave on its own to extend the page limit on its combined opposition to Plaintiff's motion for summary judgment and reply in support of its motion for summary judgment. Signed by Judge Timothy J. Kelly on 1/2/2025. (lctjk1) (Entered: 01/02/2025)
2025-01-0322Memorandum in opposition to re 19 Motion for Summary Judgment, filed by CENTER FOR IMMIGRATION STUDIES. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Text of Proposed Order)(Farnsworth, Colin) (Entered: 01/03/2025)
2025-01-0323Cross MOTION for Summary Judgment by CENTER FOR IMMIGRATION STUDIES. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Text of Proposed Order)(Farnsworth, Colin) (Entered: 01/03/2025)
2025-01-2224Consent MOTION to Modify Briefing Schedule by FEDERAL BUREAU OF INVESTIGATION. (Levy, Brian) (Entered: 01/22/2025)
2025-01-23MINUTE ORDER: Upon consideration of Defendant's 24 Consent Motion to Modify Briefing Schedule, it is hereby ORDERED, for good cause shown and because Plaintiff consents, that the motion is GRANTED. It is further ORDERED that the Court's scheduling order shall be modified as follows: Defendant shall file its reply in support of its motion for summary judgment and opposition to Plaintiff's cross-motion for summary judgment by February 28, 2025, and Plaintiff shall file its reply in support of its cross-motion by April 28, 2025. Signed by Judge Timothy J. Kelly on 1/23/2025. (lctjk1) (Entered: 01/23/2025)
2025-02-2825Memorandum in opposition to re 23 Motion for Summary Judgment, filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 02/28/2025)
2025-02-2826REPLY to opposition to motion re 19 Motion for Summary Judgment, filed by FEDERAL BUREAU OF INVESTIGATION. (Levy, Brian) (Entered: 02/28/2025)
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