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Case TitleDEMOCRACY FORWARD FOUNDATION v. U.S. DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00633
Date Filed2019-03-07
Date Closed2021-06-16
JudgeJudge Carl J. Nichols
PlaintiffDEMOCRACY FORWARD FOUNDATION
Case DescriptionDemocracy Forward Foundation submitted a FOIA request to the Department of Homeland Security for records concerning Katherine Gorka, who worked at the agency as an adviser and played a role in terminating the agency's domestic terrorism investigation unit. DFF also requested a fee waiver. The agency acknowledged receipt of the request and conditionally granted DFF's request for a fee waiver. However, after hearing nothing further from the agency, DFF filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Public Interest Fee Waiver, 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
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-071COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-5986773) filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Exhibit)(Dubner, Jeffrey) (Entered: 03/07/2019)
2019-03-07Case Assigned to Judge Amy Berman Jackson. (zef, ) (Entered: 03/07/2019)
2019-03-072SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 03/07/2019)
2019-03-073LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DEMOCRACY FORWARD FOUNDATION (Dubner, Jeffrey) (Entered: 03/07/2019)
2019-03-114RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/11/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 4/10/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/11/19., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 3/8/2019 (Attachments: # 1 Declaration)(Dubner, Jeffrey) (Entered: 03/11/2019)
2019-04-105NOTICE of Appearance by Brian J. Field on behalf of All Defendants (Field, Brian) (Entered: 04/10/2019)
2019-04-106ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY.(Field, Brian) (Entered: 04/10/2019)
2019-04-117ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before May 9, 2019. See Order for complete details. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/11/2019. (lcabj2) (Entered: 04/11/2019)
2019-05-098Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Field, Brian) (Entered: 05/09/2019)
2019-05-10MINUTE ORDER. The parties must file a joint status report by June 10, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/10/2019. (lcabj2) (Entered: 05/10/2019)
2019-05-149NOTICE of Appearance by Benjamin M. Seel on behalf of DEMOCRACY FORWARD FOUNDATION (Seel, Benjamin) (Entered: 05/14/2019)
2019-06-1010Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Seel, Benjamin) (Entered: 06/10/2019)
2019-06-11MINUTE ORDER. The parties must file another status report by July 10, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/11/2019. (lcabj2) (Entered: 06/11/2019)
2019-06-24Case directly reassigned to Judge Carl J. Nichols. Judge Amy Berman Jackson is no longer assigned to the case. (ztnr) (Entered: 06/24/2019)
2019-07-1011Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Field, Brian) (Entered: 07/10/2019)
2019-08-13MINUTE ORDER. In light of the Parties' 11 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report by September 10, 2019. Signed by Judge Carl J. Nichols on August 13, 2019. (lccjn1) (Entered: 08/13/2019)
2019-08-14Set/Reset Deadlines: Additional Joint Status Report due by 9/10/2019. (mac) (Entered: 08/14/2019)
2019-09-1012Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Field, Brian) (Entered: 09/10/2019)
2019-09-11MINUTE ORDER. In light of the Parties' 12 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before October 10, 2019. Signed by Judge Carl J. Nichols on September 11, 2019. (lccjn1) (Entered: 09/11/2019)
2019-09-11Set/Reset Deadlines/Hearings: Joint Status Report due by 10/10/2019. (zcdw) (Entered: 09/12/2019)
2019-10-1013Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Field, Brian) (Entered: 10/10/2019)
2019-10-17Set/Reset Deadlines/Hearings: Telephone Conference set for 10/21/2019 at 11:15 AM before Judge Carl J. Nichols. (zcdw) (Entered: 10/17/2019)
2019-10-21MINUTE ORDER. In light of the Parties' 13 Joint Status Report and today's telephonic conference, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before November 8, 2019. Signed by Judge Carl J. Nichols on October 21, 2019. (lccjn1) (Entered: 10/21/2019)
2019-10-21Set/Reset Deadlines/Hearings: Joint Status Report due by 11/8/2019. (zcdw) (Entered: 10/22/2019)
2019-11-0814Joint MOTION for Extension of Time to File Joint Status Report by DEMOCRACY FORWARD FOUNDATION (Seel, Benjamin) (Entered: 11/08/2019)
2019-11-12MINUTE ORDER. Upon consideration of the Parties' 14 Joint Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED and that the Parties shall file a Joint Status Report on or before November 15, 2019. Signed by Judge Carl J. Nichols on November 12, 2019. (lccjn1) (Entered: 11/12/2019)
2019-11-12Set/Reset Deadlines/Hearings: Joint Status Report due by 11/15/2019. (zcdw) (Entered: 11/12/2019)
2019-11-1515Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Seel, Benjamin) (Entered: 11/15/2019)
2019-11-19MINUTE ORDER. In light of the Parties' 15 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before December 19, 2019. Signed by Judge Carl J. Nichols on November 19, 2019. (lccjn1) (Entered: 11/19/2019)
2019-11-19Set/Reset Deadlines: Additional Joint Status Report due by 12/19/2019. (mac) (Entered: 11/19/2019)
2019-12-1916Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Field, Brian) (Entered: 12/19/2019)
2020-01-06MINUTE ORDER. After review of the Parties' 16 Joint Status Report, which indicates that the Parties are at an impasse over two items, it is hereby ORDERED that (1) Defendant shall process 450 pages of potentially responsive records per month in the sequence requested by Plaintiff and (2) Defendant shall process the calendar records at issue once they become available. It is further ORDERED that the Parties shall file an additional Joint Status Report on or before February 19, 2020, and every sixty days thereafter until DHS has completed process the request. Signed by Judge Carl J. Nichols on January 6, 2020. (lccjn1) (Entered: 01/06/2020)
2020-01-06Set/Reset Deadlines/Hearings: Joint Status Report due by 2/19/2020. (zcdw) (Entered: 01/06/2020)
2020-02-1917Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Field, Brian) (Entered: 02/19/2020)
2020-02-20MINUTE ORDER. In light of the Parties' 17 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before April 17, 2020. Signed by Judge Carl J. Nichols on February 20, 2020. (lccjn1) (Entered: 02/20/2020)
2020-02-20Set/Reset Deadlines/Hearings: Joint Status Report due by 4/17/2020. (zcdw) (Entered: 02/21/2020)
2020-04-1718Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Field, Brian) (Entered: 04/17/2020)
2020-04-20MINUTE ORDER. After review of the Parties' 18 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before June 17, 2020, and every sixty days thereafter until Defendant has completed processing of Plaintiff's FOIA request. Signed by Judge Carl J. Nichols on April 20, 2020. (lccjn1) (Entered: 04/20/2020)
2020-04-20Set/Reset Deadlines/Hearings: Joint Status Report due by 6/17/2020. (zcdw) (Entered: 04/21/2020)
2020-06-1719Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Field, Brian) (Entered: 06/17/2020)
2020-06-19MINUTE ORDER. After review of the Parties' 19 Joint Status Report and in line with the Court's April 20, 2020 Minute Order, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before August 17, 2020. Signed by Judge Carl J. Nichols on June 19, 2020. (lccjn1) (Entered: 06/19/2020)
2020-06-19Set/Reset Deadlines: Joint Status Report due by 8/17/2020. (zcal) (Entered: 06/22/2020)
2020-06-19Set/Reset Deadlines: Joint Status Report due by 7/17/2020. (zcal) (Entered: 06/22/2020)
2020-08-1420Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Field, Brian) (Entered: 08/14/2020)
2020-08-14MINUTE ORDER. In light the Parties' 20 Joint Status Report and consistent with the Court's April 20, 2020 Minute Order, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before October 16, 2020. Signed by Judge Carl J. Nichols on August 14, 2020. (lccjn1) (Entered: 08/14/2020)
2020-08-14Set/Reset Deadlines: Joint Status Report due by 10/16/2020. (zcal) (Entered: 08/14/2020)
2020-08-14ENTERED IN ERROR.....Set/Reset Deadlines: Joint Status Report due by 9/28/2020. (zcal) Modified on 8/14/2020, incorrect case number (zcal). (Entered: 08/14/2020)
2020-08-14NOTICE OF CORRECTED DOCKET ENTRY: Set/Reset Deadline for 9/28/2020 was entered in error and on the incorrect case. (zcal) (Entered: 08/14/2020)
2020-10-1621Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Field, Brian) (Entered: 10/16/2020)
2020-10-16MINUTE ORDER. After review of the Parties' 21 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional joint status report by December 15, 2020. Signed by Judge Carl J. Nichols on October 16, 2020. (lccjn1) (Entered: 10/16/2020)
2020-10-16Set/Reset Deadlines: Joint Status Report due by 12/15/2020. (zcal) (Entered: 10/19/2020)
2020-12-1522Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Field, Brian) (Entered: 12/15/2020)
2020-12-16MINUTE ORDER. After review of the Parties' 22 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional joint status report by February 16, 2021. Signed by Judge Carl J. Nichols on December 16, 2020. (lccjn1) (Entered: 12/16/2020)
2020-12-16Set/Reset Deadlines: Joint Status Report due by 2/16/2021. (zkh) (Entered: 12/16/2020)
2021-02-1623Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Field, Brian) (Entered: 02/16/2021)
2021-02-17MINUTE ORDER. After review of the Parties' 23 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional joint status report by April 19, 2021. Signed by Judge Carl J. Nichols on February 17, 2021. (lccjn1) (Entered: 02/17/2021)
2021-02-17Set/Reset Deadlines: Joint Status Report due by 4/19/2021. (zcal) (Entered: 02/18/2021)
2021-04-1924Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Field, Brian) (Entered: 04/19/2021)
2021-06-0225NOTICE OF SUBSTITUTION OF COUNSEL by Stephen DeGenaro on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Brian Field (DeGenaro, Stephen) (Entered: 06/02/2021)
2021-06-02MINUTE ORDER. After review of the Parties' 24 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional joint status report by June 18, 2021. Signed by Judge Carl J. Nichols on June 2, 2021. (lccjn1) (Entered: 06/02/2021)
2021-06-02Set/Reset Deadlines: Joint Status Report due by 6/18/2021. (zcal) (Entered: 06/04/2021)
2021-06-1626STIPULATION of Dismissal by DEMOCRACY FORWARD FOUNDATION. (Seel, Benjamin) (Entered: 06/16/2021)
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