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Case TitleNATIONAL PRESS CLUB JOURNALISM INSTITUTE et al v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02932
Date Filed2018-12-13
Date ClosedOpen
JudgeJudge Rudolph Contreras
PlaintiffNATIONAL PRESS CLUB JOURNALISM INSTITUTE
PlaintiffKATHY KIELY
Case DescriptionKathy Kiely, Press Freedom Fellow at the National Press Club Journalism Institute, submitted a FOIA request to the Department of Homeland Security for records concerning Emilio Gutierrez Soto, a Mexican journalist who had sought asylum in the U.S. and been denied asylum in 2017, and his son Oscar Gutierrez Soto. The National Press Club had honored Gutierrez Soto and taken up his cause. The agency acknowledged receipt of the request. After hearing nothing from the agency, Kiely filed an administrative appeal with U.S. Immigration and Customs Enforcement and U.S. Citizenship and Immigration Services. ICE remanded her request for processing, but USCIS told Kiely delay was not a basis for an appeal. After hearing nothing further from either agency, NPCJI and Kiely filed suit.
Complaint issues: Fee Category - Media or Educational, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY
DefendantDEPARTMENT OF HOMELAND SECURITY
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
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Opinion/Order [62]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-12-131COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5838097) filed by NATIONAL PRESS CLUB JOURNALISM INSTITUTE, KATHY KIELY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Corporate Disclosure Certificate, # 9 Summons for U.S. Immigration and Customs Enforcement, # 10 Summons for United States Department of Homeland Security, # 11 Summons for United States Attorney General, # 12 Summons for United States Attorney)(Townsend, KatieLynn) Modified on 12/17/2018 (zef, ). (Entered: 12/13/2018)
2018-12-132LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE (zsb) (Entered: 12/18/2018)
2018-12-18Case Assigned to Judge Rudolph Contreras. (zsb) (Entered: 12/18/2018)
2018-12-183SUMMONS (4) Issued Electronically as to U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 12/18/2018)
2019-01-144RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/20/2018. Answer due for ALL FEDERAL DEFENDANTS by 1/19/2019. (Attachments: # 1 Affidavit of Mailing)(Townsend, KatieLynn) (Entered: 01/14/2019)
2019-01-145RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/20/2018. (Attachments: # 1 Affidavit of Mailing)(Townsend, KatieLynn) (Entered: 01/14/2019)
2019-01-226Unopposed MOTION to Stay in Light of Lapse in Appropriations by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Simon, Jeremy) (Entered: 01/22/2019)
2019-01-23MINUTE ORDER granting 6 Motion to Stay: it is hereby ORDERED that this case is STAYED until the restoration of appropriations to the Department of Justice. It is FURTHER ORDERED that the parties shall file with the Court, within 14 days of Congress appropriating funds for the Justice Department, a joint status report containing proposed deadlines for further proceedings in this case. SO ORDERED. Signed by Judge Rudolph Contreras on 1/23/19. (lcrc1) (Entered: 01/23/2019)
2019-01-317NOTICE of Appearance by Adam Alexander Marshall on behalf of All Plaintiffs (Marshall, Adam) (Entered: 01/31/2019)
2019-01-318NOTICE of Appearance by Charles D. Tobin on behalf of All Plaintiffs (Tobin, Charles) (Entered: 01/31/2019)
2019-02-079Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 02/07/2019)
2019-02-08MINUTE ORDER: Upon consideration of 9 the parties' joint status report, it is hereby ORDERED that Defendants shall file a response to the Complaint on or before February 28, 2019. It is FURTHER ordered that the parties shall meet, confer, and submit a proposed briefing schedule on or before March 7, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 2/8/19. (lcrc1) (Entered: 02/08/2019)
2019-02-2810ANSWER to Complaint by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Simon, Jeremy) (Entered: 02/28/2019)
2019-03-0611Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 03/06/2019)
2019-03-0612MINUTE ORDER: Upon consideration of 11 the parties' joint status report, it is hereby ORDERED that the parties shall file another status report on or before May 6, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 3/6/19. (lcrc1) (Entered: 03/06/2019)
2019-03-07Set/Reset Deadlines: Answer due by 5/6/2019. (tj) (Entered: 03/07/2019)
2019-05-0613Joint STATUS REPORT of the Parties by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 05/06/2019)
2019-05-06MINUTE ORDER: Upon consideration of 13 the parties' joint status report, it is hereby ORDERED that the parties shall file another status report on or before June 5, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 5/6/19. (lcrc1) (Entered: 05/06/2019)
2019-05-22Set/Reset Deadlines: Status Report due by 6/5/2019 (tj) (Entered: 05/22/2019)
2019-06-0514Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 06/05/2019)
2019-06-05MINUTE ORDER: Upon consideration of 14 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before July 18, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 6/5/19. (lcrc1) (Entered: 06/05/2019)
2019-06-05Set/Reset Deadlines: Status Report due by 7/18/2019 (tj) (Entered: 06/05/2019)
2019-07-1715Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 07/17/2019)
2019-07-18MINUTE ORDER: Upon consideration of 15 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before August 28, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 7/18/19. (lcrc1) (Entered: 07/18/2019)
2019-08-02Set/Reset Deadlines: Status Report due by 8/28/2019. (tj) (Entered: 08/02/2019)
2019-08-2816Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 08/28/2019)
2019-08-29MINUTE ORDER: Upon consideration of 16 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before October 17, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 8/29/19. (lcrc1) (Entered: 08/29/2019)
2019-08-30Set/Reset Deadlines: Status Report due by 10/17/2019. (tj) (Entered: 08/30/2019)
2019-10-1717Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 10/17/2019)
2019-10-17MINUTE ORDER: Upon consideration of 17 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before December 11, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on 10/17/2019. (lcrc1) (Entered: 10/17/2019)
2019-10-17Set/Reset Deadlines: Status Report due by 12/11/2019. (tj) (Entered: 10/17/2019)
2019-12-1118Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 12/11/2019)
2019-12-11MINUTE ORDER: Upon consideration of 18 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before January 22, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 12/11/2019. (lcrc1) (Entered: 12/11/2019)
2019-12-12Set/Reset Deadlines: Status Report due by 1/22/2020 (tj) (Entered: 12/12/2019)
2020-01-2219Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 01/22/2020)
2020-01-22MINUTE ORDER: Upon consideration of 19 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before February 27, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 1/22/2020. (lcrc1) (Entered: 01/22/2020)
2020-01-29Set/Reset Deadlines: Status Report due by 2/27/2020 (tj) (Entered: 01/29/2020)
2020-02-2720Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 02/27/2020)
2020-02-27MINUTE ORDER: Upon consideration of 20 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before March 26, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 2/27/2020. (lcrc1) (Entered: 02/27/2020)
2020-03-13Set/Reset Deadlines: Status Report due by 3/26/2020 (tj) (Entered: 03/13/2020)
2020-03-2621Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 03/26/2020)
2020-03-26MINUTE ORDER: Upon consideration of 21 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before April 24, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 3/26/2020. (lcrc1) (Entered: 03/26/2020)
2020-03-26Set/Reset Deadlines: Status Report due by 4/24/2020 (tj) (Entered: 03/26/2020)
2020-04-2422Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 04/24/2020)
2020-04-24MINUTE ORDER: Upon consideration of 22 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before May 15, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 4/24/2020. (lcrc1) (Entered: 04/24/2020)
2020-04-27Set/Reset Deadlines: Status Report due by 5/15/2020 (tj) (Entered: 04/27/2020)
2020-05-1523Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 05/15/2020)
2020-05-15MINUTE ORDER: Upon consideration of 23 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before June 5, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 5/15/2020. (lcrc1) (Entered: 05/15/2020)
2020-05-18Set/Reset Deadlines: Status Report due by 6/5/2020. (tj) (Entered: 05/18/2020)
2020-06-0524Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 06/05/2020)
2020-06-05MINUTE ORDER: Upon consideration of 24 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before June 26, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 6/5/2020. (lcrc1) (Entered: 06/05/2020)
2020-06-08Set/Reset Deadlines: Status Report due by 6/26/2020. (tj) (Entered: 06/08/2020)
2020-06-2625Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 06/26/2020)
2020-06-26MINUTE ORDER: Upon consideration of 25 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before August 12, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 6/26/2020. (lcrc1) (Entered: 06/26/2020)
2020-06-29Set/Reset Deadlines: Status Report due by 8/12/2020. (tj) (Entered: 06/29/2020)
2020-08-1226Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 08/12/2020)
2020-08-12MINUTE ORDER: Upon consideration of 26 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before September 11, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 8/12/2020. (lcrc1) (Entered: 08/12/2020)
2020-08-13Set/Reset Deadlines: Status Report due by 9/11/2020 (tj) (Entered: 08/13/2020)
2020-09-1027Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 09/10/2020)
2020-09-10MINUTE ORDER: Upon consideration of 27 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before October 6, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 09/10/2020. (lcrc1) (Entered: 09/10/2020)
2020-09-15Set/Reset Deadlines: Status Report due by 10/6/2020. (tj) (Entered: 09/15/2020)
2020-10-0628Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 10/06/2020)
2020-10-06MINUTE ORDER: Upon consideration of 28 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before November 9, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 10/06/2020. (lcrc1) (Entered: 10/06/2020)
2020-10-07Set/Reset Deadlines: Status Report due by 11/9/2020. (tj) (Entered: 10/07/2020)
2020-11-0929Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 11/09/2020)
2020-11-09MINUTE ORDER: Upon consideration of 29 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before December 18, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 11/9/2020. (lcrc1) (Entered: 11/09/2020)
2020-11-09Set/Reset Deadlines: Status Report due by 12/18/2020 (tj) (Entered: 11/09/2020)
2020-12-1730Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 12/17/2020)
2020-12-17MINUTE ORDER: Upon consideration of 30 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before January 26, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 12/17/2020. (lcrc1) (Entered: 12/17/2020)
2020-12-21Set/Reset Deadlines: Status Report due by 1/26/2021. (tj) (Entered: 12/21/2020)
2021-01-2631Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 01/26/2021)
2021-01-26MINUTE ORDER: Upon consideration of 31 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before March 2, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 1/26/2021. (lcrc1) (Entered: 01/26/2021)
2021-01-26Set/Reset Deadlines: Status Report due by 3/2/2021. (tj) (Entered: 01/26/2021)
2021-03-0232Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 03/02/2021)
2021-03-02MINUTE ORDER: Upon consideration of 32 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before May 5, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 3/2/2021. (lcrc1) (Entered: 03/02/2021)
2021-05-0533Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 05/05/2021)
2021-05-05MINUTE ORDER: Upon consideration of 33 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before July 7, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 5/5/2021. (lcrc1) (Entered: 05/05/2021)
2021-07-0734Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 07/07/2021)
2021-07-07MINUTE ORDER: Upon consideration of 34 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before September 23, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 7/7/2021. (lcrc1) (Entered: 07/07/2021)
2021-09-2335Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 09/23/2021)
2021-09-23MINUTE ORDER: Upon consideration of 35 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before November 23, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 09/23/2021. (lcrc1) (Entered: 09/23/2021)
2021-11-2336Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 11/23/2021)
2021-11-23MINUTE ORDER: Upon consideration of 36 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before January 20, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 11/23/2021. (lcrc1) (Entered: 11/23/2021)
2021-11-23Set/Reset Deadlines: Status Report due by 1/20/2022 (tj) (Entered: 11/23/2021)
2022-01-2037Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Simon, Jeremy) (Entered: 01/20/2022)
2022-01-20MINUTE ORDER: Upon consideration of 37 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before February 23, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 01/20/2022. (lcrc1) (Entered: 01/20/2022)
2022-02-2338Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Marshall, Adam) (Entered: 02/23/2022)
2022-02-23MINUTE ORDER: Upon consideration of 38 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before April 21, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 02/23/2022. (lcrc1) (Entered: 02/23/2022)
2022-04-2139Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 04/21/2022)
2022-04-21MINUTE ORDER: Upon consideration of 39 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before June 22, 2022. SO ORDERED. (Entered: 04/21/2022)
2022-06-2240Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 06/22/2022)
2022-06-22MINUTE ORDER: Upon consideration of 40 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before July 22, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 06/22/2022. (lcrc1) (Entered: 06/22/2022)
2022-07-2241Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Simon, Jeremy) (Entered: 07/22/2022)
2022-07-22MINUTE ORDER: Upon consideration of 41 the parties' joint status report, it is hereby ORDERED that the following schedule shall govern further proceedings in this case: Defendants' Motion for Summary Judgment shall be due on or before October 25, 2022; Plaintiffs' Opposition and Cross-Motion for Summary Judgment shall be due on or before December 9, 2022; Defendants' Reply and Opposition shall be due on or before January 10, 2023; and Plaintiffs' Reply shall be due on or before January 31, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 07/22/2022. (lcrc1) (Entered: 07/22/2022)
2022-10-2442MOTION for Vaughn Index (Opposed Motion for Leave to File Representative Sample Vaughn) , MOTION for Extension of Time to File Motion for Summary Judgment (Partial Consent) by DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 10/24/2022)
2022-10-2443NOTICE by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE re 42 Motion for Vaughn Index,, Motion for Extension of Time to, (Townsend, KatieLynn) (Entered: 10/24/2022)
2022-10-3144NOTICE OF SUBSTITUTION OF COUNSEL by Sam Escher on behalf of DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT Substituting for attorney Jeremy Simon (Escher, Sam) (Entered: 10/31/2022)
2022-11-0245RESPONSE re 42 MOTION for Vaughn Index (Opposed Motion for Leave to File Representative Sample Vaughn) MOTION for Extension of Time to File Motion for Summary Judgment (Partial Consent) filed by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 11/02/2022)
2022-11-0946REPLY to opposition to motion re 45 Response to motion, filed by DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Escher, Sam) (Entered: 11/09/2022)
2022-12-0647NOTICE of Appearance by Shawn Musgrave on behalf of All Plaintiffs (Musgrave, Shawn) (Entered: 12/06/2022)
2023-01-05MINUTE ORDER granting in part and denying in part 42 Defendants' Opposed Motion for Leave to File Representative Sample Vaughn Index and Partial Consent Motion for Extension to File Motion for Summary Judgment: It is hereby ORDERED that Defendants' motion is DENIED insofar as it requests that Defendant U.S. Immigration and Customs Enforcement ("ICE") be permitted to submit a sample Vaughn index. Defendants estimate that ICE has withheld in full 174 pages, and withheld in part 3,000 pages, of ICE records; it has also released in part two Excel spreadsheets. Defendants seek leave to file a sample Vaughn index that would, "[i]n total... address... approximately 388 pages of records as well as a portion of the two [E]xcel spreadsheets." As this Court has recognized, "[a] random sampling index may be appropriate in some instances and is within the discretion of the district court." Stonehill v. U.S. Dept of Just. Tax Div. , No. 1:19-cv-03770, 2022 WL 407145, at *23 (D.D.C. Feb. 10, 2022). But "there is no magic number or sampling ratio that automatically makes a sample appropriate; rather, the determination must always be made with reference to the particular facts of the case." Id. In this case, the number of pages at issue is not voluminous enough to support such a request, particularly when Defendants have not indicated the number of documents at issue. See, e.g. , id. (denying request to submit sample Vaughn index where approximately 8,000 pages, made up of 360 documents, had been withheld). It is FURTHER ORDERED that Defendants' motion is GRANTED insofar as it requests an amendment of the summary judgment briefing schedule, and the following schedule shall govern further proceedings: Defendants' motion for summary judgment shall be filed on or before January 25, 2023; Plaintiffs' opposition and cross-motion for summary judgment shall be filed on or before March 9, 2023; Defendants' reply and opposition to the cross-motion shall be filed on or before April 10, 2023; and Plaintiffs' reply shall be filed on or before May 3, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 1/5/2023. (lcrc1) (Entered: 01/05/2023)
2023-01-2048MOTION for Extension of Time to File Motion for Summary Judgment and Supporting Documentation by DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Ex. A - Email from J. Simon, # 2 Ex. B - Email from A. Hughes, # 3 Text of Proposed Order)(Escher, Sam) (Entered: 01/20/2023)
2023-01-2749RESPONSE re 48 MOTION for Extension of Time to File Motion for Summary Judgment and Supporting Documentation filed by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 01/27/2023)
2023-02-0350REPLY to opposition to motion re 48 MOTION for Extension of Time to File Motion for Summary Judgment and Supporting Documentation filed by DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Escher, Sam) (Entered: 02/03/2023)
2023-02-22MINUTE ORDER granting 48 Defendants' Opposed Motion for Extension of Time to File Motion for Summary Judgment: It is hereby ORDERED that Defendants' motion for summary judgment shall be due on or before May 3, 2023. It is FURTHER ORDERED that Defendants shall produce the Vaughn indices on a rolling basis as follows: Defendants shall produce on or before February 28, 2023 any Vaughn index produced to date while the motion for extension was pending; an additional 50 percent of its Vaughn index on or before March 28, 2023; and the balance of any remaining documents on or before April 28, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 2/22/2023. (lcrc1) (Entered: 02/22/2023)
2023-04-1451Unopposed MOTION for Briefing Schedule by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 04/14/2023)
2023-04-14MINUTE ORDER granting 51 Plaintiffs' Unopposed Motion for Briefing Schedule: It is hereby ORDERED that the following schedule shall govern further proceedings: Plaintiffs' opposition to Defendants' motion for summary judgment and Plaintiffs' cross-motion for summary judgment shall be filed on or before June 23, 2023; Defendants' reply in support of their motion for summary judgment and their opposition to Plaintiffs' cross-motion for summary judgment shall be filed on or before July 24, 2023; and Plaintiffs' reply in support of their cross-motion for summary judgment shall be filed on or before August 18, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 4/14/2023. (lcrc1) (Entered: 04/14/2023)
2023-05-0352MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Statement of Facts, # 2 ICE - Declaration of Fernando Pineiro, # 3 ICE - Declaration of Richard Clark, # 4 ICE Ex. A - ICE Vaughn Index, # 5 ICE Ex. B - FOIA Request, # 6 ICE Ex. C - Referral to USCIS, # 7 ICE Ex. D - Appeal, # 8 ICE Ex. E - ICE Appeal Acknowledgement, # 9 ICE Ex. F - Appeal Adjudication, # 10 ICE Ex. G - 7 Dec 18 production letter, # 11 ICE Ex. H - JSR 2.7.19, # 12 ICE Ex. I - Motion to Stay, # 13 ICE Ex. J - Answer, # 14 ICE Ex. K - 6 May 19 Production Letter, # 15 ICE Ex. L - 9 Aug 19 Production Letter, # 16 ICE Ex. M - 18 Oct 19 Production Letter, # 17 USCIS - Declaration of Cindy Munita, # 18 USCIS Ex. 1 - FOIA Request COW2018000087, # 19 USCIS Ex. 2 - COW2018000087 Acknowledgment Letter, # 20 USCIS Ex. 3 - June 28 2019 FOIA Response Letter, # 21 USCIS Ex. 4 - July 30 2019 FOIA Response Letter, # 22 USCIS Ex. 5 - August 29 2019 FOIA Response Letter, # 23 USCIS Ex. 6 - September 27 2019 FOIA Response Letter, # 24 USCIS Ex. 7 - October 31 2019 FOIA Response Letter, # 25 USCIS Ex. 8 - November 27 2019 FOIA Response Letter, # 26 USCIS Ex. 9 - December 23 2019 FOIA Response Letter, # 27 USCIS Ex. 10 - NRC2018096051 Referred ICE FOIA Request, # 28 USCIS Ex. 11 - NRC2018096051 FOIA Acknowledgement Letter, # 29 USCIS Ex. 12 - NRC2018096051 FOIA Response Letter, # 30 USCIS Ex. 13 - COW2018000087 Vaughn Index, # 31 USCIS Ex. 14 - NRC2018096051 Vaughn Index, # 32 Text of Proposed Order)(Escher, Sam) (Entered: 05/03/2023)
2023-06-2353Cross MOTION for Partial Summary Judgment by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Adam A. Marshall, # 4 Exhibits 1-25 to Declaration of Adam A. Marshall, # 5 Exhibits 26-30 to Declaration of Adam A. Marshall, # 6 Exhibits 31-76 to Declaration of Adam A. Marshall, # 7 Declaration of Shawn Musgrave, # 8 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 06/23/2023)
2023-06-2354RESPONSE re 52 MOTION for Summary Judgment filed by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Townsend, KatieLynn) (Entered: 06/23/2023)
2023-07-2455REPLY to opposition to motion re 52 MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Response to Plaintiffs' Statement of Facts, # 2 Supplemental Declaration of Fernando Pineiro)(Escher, Sam) (Entered: 07/24/2023)
2023-07-2456Memorandum in opposition to re 53 Motion for Partial Summary Judgment, filed by DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Response to Plaintiffs' Statement of Facts, # 2 Supplemental Declaration of Fernando Pineiro)(Escher, Sam) (Entered: 07/24/2023)
2023-08-1857REPLY to opposition to motion re 53 Cross MOTION for Partial Summary Judgment filed by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Attachments: # 1 Declaration Supplemental Declaration of Shawn Musgrave)(Townsend, KatieLynn) (Entered: 08/18/2023)
2023-08-3058NOTICE OF SUPPLEMENTAL AUTHORITY by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE (Townsend, KatieLynn) (Entered: 08/30/2023)
2023-09-0159RESPONSE re 58 NOTICE OF SUPPLEMENTAL AUTHORITY filed by DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Escher, Sam) (Entered: 09/01/2023)
2023-09-1360NOTICE OF SUPPLEMENTAL AUTHORITY by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE (Townsend, KatieLynn) (Entered: 09/13/2023)
2023-12-2861ORDER granting in part and denying in part 52 Defendants' Motion for Summary Judgment; and granting in part and denying in part 53 Plaintiffs' Cross-Motion for Partial Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 12/28/2023. (lcrc1) (Entered: 12/28/2023)
2023-12-2862MEMORANDUM OPINION granting in part and denying in part 52 Defendants' Motion for Summary Judgment; and granting in part and denying in part 53 Plaintiffs' Cross-Motion for Partial Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 12/28/2023. (lcrc1) (Entered: 12/28/2023)
2024-01-0963NOTICE OF WITHDRAWAL OF APPEARANCE as to KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. Attorney Shawn Musgrave terminated. (Musgrave, Shawn) (Entered: 01/09/2024)
2024-01-1164Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Marshall, Adam) (Entered: 01/11/2024)
2024-01-11MINUTE ORDER: Upon consideration of 64 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before January 19, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 1/11/2024. (lcrc1) (Entered: 01/11/2024)
2024-01-1165NOTICE of Appearance by Gunita Singh on behalf of KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE (Singh, Gunita) (Entered: 01/11/2024)
2024-01-1766Joint STATUS REPORT by KATHY KIELY, NATIONAL PRESS CLUB JOURNALISM INSTITUTE. (Marshall, Adam) (Entered: 01/17/2024)
2024-01-17MINUTE ORDER: Upon consideration of 66 the parties' joint status report, it is hereby ORDERED that this case is STAYED. It is FURTHER ORDERED that the parties shall submit a joint status report with a recommendation for further proceedings in this matter on or before March 28, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 1/17/2024. (lcrc1) (Entered: 01/17/2024)
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