| Date Filed | Doc # | Docket Text |
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| 2024-06-17 | 1 | COMPLAINT against Alejandro Mayorkas. Filing fee: $ 405, receipt number AMADC-10466932 (Fee Status: Filing Fee paid), filed by Albert Ira Gould. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Levy, Marc) (Entered: 06/17/2024) |
| 2024-06-17 | 2 | ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Cook, Savannah) (Entered: 06/17/2024) |
| 2024-06-17 | 3 | Summons Issued as to Alejandro Mayorkas. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Horvath, Courtney) (Entered: 06/17/2024) |
| 2024-07-26 | 4 | Assented to MOTION for Extension of Time by Alejandro Mayorkas.(Sady, Michael) (Entered: 07/26/2024) |
| 2024-07-29 | 5 | Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 4 Motion for Extension of Time, in light of its production of documents in response to the second FOIA request. Accordingly, the government has an additional forty-five days, up to and including Friday, September 6, 2024, to file a response to the Complaint. (Zierk, Marsha) (Entered: 07/29/2024) |
| 2024-07-29 | 6 | NOTICE of Appearance by Michael P. Sady on behalf of Alejandro Mayorkas (Sady, Michael) (Entered: 07/29/2024) |
| 2024-08-14 | 7 | SUMMONS Returned Executed by Albert Ira Gould. (Levy, Marc) (Entered: 08/14/2024) |
| 2024-09-06 | 8 | ANSWER to 1 Complaint by Alejandro Mayorkas.(Sady, Michael) (Entered: 09/06/2024) |
| 2024-10-08 | 9 | Judge Richard G. Stearns: ELECTRONIC ORDER entered - Plaintiff, Albert Ira Gould, brings this action under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, to force Defendant United States Department of Homeland Security, Transportation Security Administration (TSA) to comply with a FOIA request. On November 16, 2023, and November 30, 2023, Gould sought records from TSA related to its implementation of a retention incentive pay program for mission critical employees working out of the Boston Logan International Airport as well as records related to bonuses paid to certain upper management positions at the same facility during the same period. Compl. 1. Gould asserts that TSA has violated FOIA by failing to respond to his requests within the statutorily prescribed time limit, and failing to disclose the requested documents. TSA has filed an Answer denying nearly all of Goulds allegations and claims in its affirmative defenses that it "has complied with its obligations under FOIA" (Fifth Defense) and that any information TSA withheld "is exempt in whole or part under FOIA." (Seventh Defense). Dkt # 8. FOIA cases are different from other civil matters subject to the discovery provisions of the Federal Rules of Civil Procedure because the government bears the burden to justify non-disclosure of documents. See 5 U.S.C. § 552(a)(4)(B). The need for discovery, if any, should be assessed at the close of document production. District courts typically resolve actions to enforce FOIA on summary judgment. See Moore v. Bush , 601 F. Supp. 2d 6, 12 (D.D.C. 2009) ("FOIA cases are typically and appropriately decided on motions for summary judgment."). In FOIA cases, the agency will typically identify any withheld documents and the basis on which they are being withheld by submitting declarations often referred to as a Vaughn Index (named after Vaughn v. Rosen , 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974)). Although FOIA actions are often resolved on summary judgment, discovery may be appropriate where "an agency has not taken adequate steps to uncover responsive documents. Lawyers' Comm. for Civil Rights of S.F. Bay Area v. U.S. Dep't of the Treasury , 534 F. Supp. 2d 1126, 1132 (N.D. Cal. 2008); see also Scudder v. Cent. Intel. Agency , 25 F. Supp. 3d 19, 52 (D.D.C. 2014) (granting plaintiff's motion for discovery in FOIA case). Because the parties pleadings are at odds with one another (Gould's Complaint indicates that TSA has failed to produce any documents), the court will permit discovery requests to be filed by November 8, 2024, with responses thirty days from the filing. If no discovery requests are filed, summary judgment motions are due by November 25, 2024, with Oppositions due December 16, 2024. If discovery requests are made, dispositive motions are due January 6, 2025, with any Opposition due by January 27, 2025. (Zierk, Marsha) (Entered: 10/08/2024) |
| 2024-11-08 | 10 | Joint MOTION for Extension of Time to 120 days to Extend Deadlines by Alejandro Mayorkas.(Sady, Michael) (Entered: 11/08/2024) |
| 2024-11-09 | 11 | Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part 10 Motion for Extension of Time. At the time plaintiff Albert Gould filed his Complaint on June 17, 2024, his counsel had filed FOIA requests with Defendant United States Department of Homeland Security, Transportation Security Administration (TSA) on November 16, 2023 and November 30, 2023, without response . The records requested are related to TSA's implementation of a retention incentive pay program for mission critical employees working out of the Boston Logan International Airport as well as records related to bonuses paid to certain upper management positions at the same facility during the same period. Under the law and the courts discretion, discovery was appropriate. Since the filing of the Complaint, TSA has responded to Goulds FOIA requests and has "agreed to search one additional location to ascertain if there are any additional responsive records to Plaintiffs FOIA requests." Dkt # 10 (Joint Mot. for Ext. of Time) at 2. The parties now ask for another extension 120 days in attempts to settle the matter. The motion is ALLOWED in part as follows. The government will produce the promise Vaughn index no later than December 2, 2024. The additional "search" will be completed no later than December 23, 2024, with any new documents produced to Gould by January 6, 2025. The parties will have until January 31, 2025, to settle the matter. Otherwise Gould's request for discovery will be filed with the court by February 24, 2025, and the government will submit any objections to the requests by March 10, 2025. The court expects no further extensions in this case unless the request is supported by good cause/legal basis. The Clerk will stay this case until March 10, 2025. (Zierk, Marsha) (Entered: 11/09/2024) |
| 2024-11-12 | | Judge Richard G. Stearns: ORDER entered. Case stayed until March 10, 2025.(Martin, Jacqueline) (Entered: 11/12/2024) |
| 2024-12-02 | 12 | Joint MOTION to Amend 11 Order on Motion for Extension of Time, by Alejandro Mayorkas.(Sady, Michael) (Entered: 12/02/2024) |
| 2024-12-03 | 13 | Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 12 Motion to Amend Order on Motion for Extension of Time. The court amends its November 9, 2024 Order to permit defendant Alejandro Mayorkas to produce a single Vaughn Index to plaintiff Albert Gould on or before January 15, 2025. All remaining deadlines in the courts Order are unchanged. (Martin, Jacqueline) (Entered: 12/03/2024) |
| 2025-03-10 | 14 | Judge Richard G. Stearns: ELECTRONIC ORDER entered. As the court had set out in earlier orders, the period for any discovery in this case has ended, and the court is lifting the STAY. Defendant Alejandro Mayorkas was to produce a single Vaughn Index to plaintiff Albert Gould on or before January 15, 2025. If the parties have been unable to settle this matter, dispositive motions are the mechanism to complete it. See Moore v. Bush , 601 F. Supp. 2d 6, 12 (D.D.C. 2009) ("FOIA cases are typically and appropriately decided on motions for summary judgment."). Accordingly, dispositive motions are to be filed no later than March 31, 2025, with any opposition by April 21, 2025. (Zierk, Marsha) (Entered: 03/10/2025) |
| 2025-03-10 | 15 | Judge Richard G. Stearns: ELECTRONIC ORDER entered. ORDER LIFTING STAY. (JAM) (Entered: 03/10/2025) |
| 2025-03-10 | 16 | NOTICE by Alejandro Mayorkas Parties' Notice of Settlement (Sady, Michael) (Entered: 03/10/2025) |
| 2025-03-11 | 17 | Judge Richard G. Stearns: ORDER entered. SETTLEMENT 60 DAY ORDER OF DISMISSAL. (JAM) (Entered: 03/11/2025) |
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