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Case TitleNATIONAL LAW CENTER ON HOMELESSNESS & POVERTY v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00998
Date Filed2018-04-27
Date Closed2019-05-24
JudgeJudge Amit P. Mehta
PlaintiffNATIONAL LAW CENTER ON HOMELESSNESS & POVERTY
Case DescriptionThe National Law Center of Homelessness & Poverty submitted a FOIA request to the Department of Housing and Urban Development for records concerning applications to the Continuum of Care Program, an HUD grant program that funds certain services for homeless and formerly homeless families and individuals. NLCHP also requested a fee waiver. The agency acknowledged receipt of the request and denied NLCHP's request for a fee waiver. NLCHP filed an administrative appeal of the agency's denial of its fee waiver request. The agency upheld its denial of the fee waiver. After hearing nothing further from the agency, NLCHP filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
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

2018-04-271COMPLAINT against UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ( Filing fee $ 400 receipt number 0090-5447075) filed by NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to the U.S. Attorney, # 3 Summons to the Attorney General, # 4 Summons to the United States Department of Housing and Urban Development)(Smullin, Rebecca) (Entered: 04/27/2018)
2018-04-272Corporate Disclosure Statement by NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY. (Smullin, Rebecca) (Entered: 04/27/2018)
2018-05-01Case Assigned to Judge Amit P. Mehta. (zsb) (Entered: 05/01/2018)
2018-05-013SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 05/01/2018)
2018-05-014RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/1/2018. Answer due for ALL FEDERAL DEFENDANTS by 5/31/2018. (Smullin, Rebecca) (Entered: 05/01/2018)
2018-05-045NOTICE of Appearance by Scott Leeson Sroka on behalf of All Defendants (Sroka, Scott) (Entered: 05/04/2018)
2018-05-116RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/7/2018. (Smullin, Rebecca) (Entered: 05/11/2018)
2018-05-317ANSWER to Complaint by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.(Sroka, Scott) (Entered: 05/31/2018)
2018-05-318ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before June 14, 2018. Please see the attached Order for additional details. Signed by Judge Amit P. Mehta on 05/31/2018. (lcapm1) (Entered: 05/31/2018)
2018-05-31Set/Reset Deadlines: Joint Status Report due by 6/14/2018. (zjd) (Entered: 06/01/2018)
2018-06-149Joint STATUS REPORT by NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY. (Smullin, Rebecca) (Entered: 06/14/2018)
2018-06-15MINUTE ORDER. The parties shall file a further Joint Status Report no later than July 25, 2018, updating the court on whether summary judgment will be required in this matter and, if so, proposing a briefing schedule. The court assumes that in advance of the next Joint Status Report, the parties shall meet and confer about the requests made by Plaintiff in the final paragraph of the parties' 9 June 14, 2018, Joint Status Report. Signed by Judge Amit P. Mehta on 06/15/2018. (lcapm1) (Entered: 06/15/2018)
2018-06-15Set/Reset Deadlines: Joint Status Report due by 7/25/2018. (zjd) (Entered: 06/18/2018)
2018-07-2510Joint STATUS REPORT by NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY. (Smullin, Rebecca) (Entered: 07/25/2018)
2018-07-26MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, the parties are directed to file another Joint Status Report, on or before August 27, 2018, that updates the court on their progress and, if necessary, proposes a briefing schedule for summary judgment. Signed by Judge Amit P. Mehta on 07/26/2018. (lcapm1) (Entered: 07/26/2018)
2018-07-26Set/Reset Deadlines: Joint Status Report due by 8/27/2018. (zjd) (Entered: 07/27/2018)
2018-08-2711Joint STATUS REPORT by NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY. (Smullin, Rebecca) (Entered: 08/27/2018)
2018-08-28MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, the parties are directed to file another Joint Status Report, on or before October 5, 2018, that updates the court on their progress and, if necessary, proposes a briefing schedule for summary judgment. Signed by Judge Amit P. Mehta on 08/28/2018. (lcapm1) (Entered: 08/28/2018)
2018-08-28Set/Reset Deadlines: Joint Status Report due by 10/5/2018. (zjd) (Entered: 08/28/2018)
2018-10-0512Joint STATUS REPORT by NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY. (Smullin, Rebecca) (Entered: 10/05/2018)
2018-10-0513ORDER entering the briefing schedule proposed in the parties' 12 Joint Status Report. The schedule for further proceedings in this matter is as follows: (1) Defendant's Motion for Summary Judgment is due on or before November 5, 2018; (2) Plaintiff's Opposition to Defendant's Motion and any Cross-Motion for Summary Judgment is due on or before December 5, 2018; (3) Defendant's Reply and Opposition to Plaintiff's Cross-Motion is due on or before December 21, 2018; and (4) Plaintiff's Reply is due on or before January 18, 2019. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 10/05/2018. (lcapm1) (Entered: 10/05/2018)
2018-10-05Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 11/5/2018. Plaintiff's Opposition and Cross-Motion for Summary Judgment due by 12/5/2018. Defendant's Reply and Opposition due by 12/21/2018. Plaintiff's Reply due by 1/18/2019. (zjd) (Entered: 10/09/2018)
2018-11-0714MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Sroka, Scott) (Entered: 11/07/2018)
2018-11-0815Memorandum in opposition to re 14 MOTION for Extension of Time to File Motion for Summary Judgment filed by NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY. (Attachments: # 1 Text of Proposed Order)(Smullin, Rebecca) (Entered: 11/08/2018)
2018-11-08MINUTE ORDER granting in part and denying in part 14 Defendant's Motion for Extension of Time to File Motion for Summary Judgment. Defendant shall file its Motion for Summary Judgment no later than November 28, 2018. No extensions will be granted absent extraordinary circumstances. Signed by Judge Amit P. Mehta on 11/08/2018. (lcapm1) (Entered: 11/08/2018)
2018-11-08Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 11/28/2018. (zjd) (Entered: 11/08/2018)
2018-11-1616Joint MOTION to Modify Reset Briefing Schedule by NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY (Attachments: # 1 Text of Proposed Order)(Smullin, Rebecca) Modified event title on 11/27/2018 (znmw). (Entered: 11/16/2018)
2018-11-19MINUTE ORDER granting the parties' 16 Joint Motion to Reset Briefing Schedule. This court orders that Plaintiff's Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment shall now be filed on or before January 11, 2019; Defendant's Reply in Support of Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment shall be now filed on or before February 1, 2019; and Plaintiff's Reply in Support of Cross-Motion for Summary Judgment shall now be filed on or before February 22, 2019. Signed by Judge Amit P. Mehta on 11/19/2018. (lcapm1) (Entered: 11/19/2018)
2018-11-19Set/Reset Deadlines: Plaintiff's Cross-Motion for Summary Judgment and Opposition due by 1/11/2019. Defendant's Reply and Opposition due by 2/1/2019. Plaintiff's Reply due by 2/22/2019. (zjd) (Entered: 11/21/2018)
2018-11-2817WITHDRAWN PURSUANT TO MINUTE ORDER FILED 3/22/2019.....MOTION for Summary Judgment and Supporting Memorandum by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Attachments: # 1 Statement of Facts and Proposed Order, # 2 Declaration of Norman A. Suchar, # 3 Exhibit A-D)(Sroka, Scott) Modified on 3/25/2019 (zjd). (Entered: 11/28/2018)
2018-12-0618NOTICE of Appearance by Patrick D. Llewellyn on behalf of NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY (Llewellyn, Patrick) (Entered: 12/06/2018)
2019-01-1119WITHDRAWN PURSUANT TO MINUTE ORDER FILED 3/22/2019.....Cross MOTION for Summary Judgment by NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY (Attachments: # 1 Declaration of Eric S. Tars, # 2 Declaration of Rebecca Smullin, # 3 Text of Proposed Order)(Smullin, Rebecca) Modified on 3/25/2019 (zjd). (Entered: 01/11/2019)
2019-01-1120Memorandum in opposition to re 17 MOTION for Summary Judgment and Supporting Memorandum filed by NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY. (Attachments: # 1 Declaration of Eric S. Tars, # 2 Declaration of Rebecca Smullin, # 3 Text of Proposed Order)(Smullin, Rebecca) (Entered: 01/11/2019)
2019-02-0121Consent MOTION for Extension of Time to File Response/Reply as to 19 Cross MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Sroka, Scott). Added MOTION to Modify on 2/4/2019 (znmw). (Entered: 02/01/2019)
2019-02-04MINUTE ORDER granting 21 Defendant's Consent Motion for Extension of Time and Modification of Briefing Schedule. Defendant's Reply and Opposition shall be due on or before February 22, 2019 and Plaintiff's Reply shall be due on or before March 15, 2019. Signed by Judge Amit P. Mehta on 02/04/2019. (lcapm1) (Entered: 02/04/2019)
2019-02-04Set/Reset Deadlines: Defendant's Reply and Opposition due by 2/22/2019. Plaintiff's Reply due by 3/15/2019. (zjd) (Entered: 02/06/2019)
2019-02-2222Consent MOTION for Extension of Time to File Response/Reply as to 19 Cross MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Sroka, Scott) (Entered: 02/22/2019)
2019-02-22MINUTE ORDER granting 22 Defendant's Consent Motion for Extension of Time and Modification of Briefing Schedule. Defendant's Reply and Opposition shall now be due on or before March 4, 2019; Plaintiff's Reply shall now be due on or before March 25, 2019. Signed by Judge Amit P. Mehta on 02/22/2019. (lcapm1) (Entered: 02/22/2019)
2019-03-0423Consent MOTION for Extension of Time to File Response/Reply as to 19 Cross MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Sroka, Scott). Added MOTION to Modify on 3/5/2019 (znmw). (Entered: 03/04/2019)
2019-03-0524Consent MOTION for Extension of Time to File Response/Reply as to 19 Cross MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Sroka, Scott) (Entered: 03/05/2019)
2019-03-06MINUTE ORDER finding as moot 23 Defendant's March 4, 2019, Consent Motion for Extension of Time and Modification of Briefing Schedule and granting 24 Defendant's March 5, 2019, Consent Motion for Extension of Time and Modification of Briefing Schedule. Defendant's Reply and Opposition shall be due on or before March 12, 2019, and Plaintiff's Reply shall be due on or before April 2, 2019. Signed by Judge Amit P. Mehta on 03/06/2019. (lcapm1) (Entered: 03/06/2019)
2019-03-06Set/Reset Deadlines: Defendant's Reply and Opposition due by 3/12/2019. Plaintiff's Reply due by 4/2/2019. (zjd) (Entered: 03/10/2019)
2019-03-1225Consent MOTION for Extension of Time to File Response/Reply as to 19 Cross MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Sroka, Scott) (Entered: 03/12/2019)
2019-03-12MINUTE ORDER granting 25 Defendant's Consent Motion for Extension of Time and Modification of Briefing Schedule. Defendant's Reply and Opposition shall now be due on or before March 22, 2019, and Plaintiff's Reply shall now be due on or before April 12, 2019. Signed by Judge Amit P. Mehta on 03/12/2019. (lcapm1) (Entered: 03/12/2019)
2019-03-12Set/Reset Deadlines: Defendant's Reply and Opposition due by 3/22/2019. Plaintiff's Reply due by 4/12/2019. (zjd) (Entered: 03/21/2019)
2019-03-2226Joint MOTION to Withdraw 17 MOTION for Summary Judgment and Supporting Memorandum , by NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY (Attachments: # 1 Text of Proposed Order)(Smullin, Rebecca) Modified on 3/22/2019 to correct docket link (jf). (Entered: 03/22/2019)
2019-03-2227Joint STATUS REPORT by NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY. (Smullin, Rebecca) (Entered: 03/22/2019)
2019-03-22MINUTE ORDER granting the parties' 26 Joint Motion to Withdraw Cross Motions for Summary Judgment. The clerk of court shall remove ECF Nos. 17 and 19 as pending motions. Signed by Judge Amit P. Mehta on 03/22/2019. (lcapm1) (Entered: 03/22/2019)
2019-03-22MINUTE ORDER. The parties shall file a Joint Status Report by April 24, 2019, which advises whether they have resolved this matter. If further litigation will be required, the parties shall propose a briefing schedule. Signed by Judge Amit P. Mehta on 03/22/2019. (lcapm1) (Entered: 03/22/2019)
2019-03-22Set/Reset Deadlines: Joint Status Report and Proposed Briefing Schedule due by 4/24/2019. (zjd) (Entered: 03/25/2019)
2019-04-2428Joint STATUS REPORT by NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY. (Attachments: # 1 Text of Proposed Order)(Smullin, Rebecca) (Entered: 04/24/2019)
2019-04-25MINUTE ORDER. No later than May 24, 2019, the parties shall file a joint stipulation of dismissal or plaintiff shall file its petition for an award of attorneys' fees and costs. Signed by Judge Amit P. Mehta on 04/25/2019. (lcapm1) (Entered: 04/25/2019)
2019-04-25Set/Reset Deadlines: Joint Stipulation of Dismissal or Plaintiff's Petition for Attorneys' Fees and Costs due by 5/24/2019. (zjd) (Entered: 04/25/2019)
2019-05-2329STIPULATION OF SETTLEMENT AND DISMISSAL by NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY. (Smullin, Rebecca) (Entered: 05/23/2019)
2019-05-2430Joint Stipulation and Order of Settlement and Dismissal. Signed by Judge Amit P. Mehta on 5/24/2019. (zjd) (Entered: 05/24/2019)
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