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Case TitleFEDERATION FOR AMERICAN IMMIGRATION REFORM v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv03113
Date Filed2019-10-16
Date Closed2021-03-17
JudgeJudge Trevor N. McFadden
PlaintiffFEDERATION FOR AMERICAN IMMIGRATION REFORM
Case DescriptionFederation for American Immigration Reform submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the collection of DNA samples from arrested individuals. FAIR also requested a fee waiver. The agency acknowledged receipt of the request and told FAIR that while it would try to process the request as quickly as possible it probably could not do so. The agency also invited FAIR to narrow its request to allow for it to be processed more quickly FAIR declined to narrow its request. After hearing nothing further from the agency, FAIR 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. IMMIGRATION AND CUSTOMS ENFORCEMENT
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

2019-10-161COMPLAINT against U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number ADCDC-6455528) filed by FEDERATION FOR AMERICAN IMMIGRATION REFORM. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Casale, Ralph) (Entered: 10/16/2019)
2019-10-162LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FEDERATION FOR AMERICAN IMMIGRATION REFORM (Casale, Ralph) (Entered: 10/16/2019)
2019-10-18Case Assigned to Judge Trevor N. McFadden. (adh, ) (Entered: 10/18/2019)
2019-10-183SUMMONS (3) Issued Electronically as to U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 10/18/2019)
2019-10-184STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 10/18/2019. (lctnm1) (Entered: 10/18/2019)
2019-12-13MINUTE ORDER. Plaintiff filed the Complaint in this action on October 16, 2019. As of the date of this Order, the public docket reflects that Plaintiff has yet to file proof of service on the Defendant. The Court directs Plaintiff's attention to Federal Rule of Civil Procedure 4(m) and Local Civil Rule 5.3. It is hereby ORDERED that, by no later than January 14, 2020, Plaintiff must either cause process to be served upon the Defendant and file proof of service with the Court or establish good cause for the failure to do so. Failure to make such filings will result in dismissal of this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/13/2019. (lctnm1) (Entered: 12/13/2019)
2019-12-13Set/Reset Deadlines: Plaintiff's time to effectuate service due by 1/14/2020. (hmc) (Entered: 12/13/2019)
2019-12-275NOTICE of Appearance by Daniel Patrick Schaefer on behalf of U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Schaefer, Daniel) (Entered: 12/27/2019)
2019-12-276ANSWER to Complaint by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT.(Schaefer, Daniel) (Entered: 12/27/2019)
2019-12-27MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the report on or before January 27, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/27/2019. (lctnm3) (Entered: 12/27/2019)
2019-12-27Set/Reset Deadlines: Joint Status Report due by 1/27/2020. (tg) (Entered: 12/27/2019)
2020-01-147RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/2/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 1/1/2020.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/2/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT served on 12/2/2019 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Casale, Ralph) (Entered: 01/14/2020)
2020-01-278Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 01/27/2020)
2020-01-28MINUTE ORDER. Upon consideration of the parties' 8 Joint Status Report, Defendant shall begin processing at least 500 pages of requested records and make its first interim production of responsive records on or before February 28, 2020. Defendant shall continue to process at least 500 pages of requested records each month until Defendant's processing of the requested records is complete. The parties are hereby ORDERED to file a Joint Status Report on or before April 13, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/28/2020. (lctnm1) (Entered: 01/28/2020)
2020-01-28Set/Reset Deadlines: Defendant's production of responsive records due by 2/28/2020 and every month thereafter. Joint Status Report due by 4/13/2020. (hmc) (Entered: 01/28/2020)
2020-04-139Joint STATUS REPORT by FEDERATION FOR AMERICAN IMMIGRATION REFORM. (Attachments: # 1 Text of Proposed Order)(Casale, Ralph) (Entered: 04/13/2020)
2020-04-14MINUTE ORDER. Upon consideration of the parties' 9 Joint Status Report, the parties are ORDERED to file a further Joint Status Report on or before May 14, 2020, advising the Court of a proposed schedule for further proceedings in this matter. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/14/2020. (lctnm1) (Entered: 04/14/2020)
2020-04-14Set/Reset Deadlines: Joint Status Report due by 5/14/2020. (hmc) (Entered: 04/14/2020)
2020-05-1410Joint STATUS REPORT by FEDERATION FOR AMERICAN IMMIGRATION REFORM. (Attachments: # 1 Text of Proposed Order)(Casale, Ralph) (Entered: 05/14/2020)
2020-05-15MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, the parties are ORDERED to file a further Joint Status Report on or before June 15, 2020, advising the Court of a proposed schedule for further proceedings in this matter. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/15/2020. (lctnm1) (Entered: 05/15/2020)
2020-05-15Set/Reset Deadlines: Joint Status Report due by 6/15/2020. (hmc) (Entered: 05/15/2020)
2020-06-1511Joint STATUS REPORT by FEDERATION FOR AMERICAN IMMIGRATION REFORM. (Attachments: # 1 Text of Proposed Order)(Casale, Ralph) (Entered: 06/15/2020)
2020-06-16MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, the parties are ORDERED to file a further Joint Status Report on or before July 17, 2020, advising the Court of a proposed schedule for further proceedings in this matter. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/16/2020. (lctnm1) (Entered: 06/16/2020)
2020-06-16Set/Reset Deadlines: Joint Status Report due by 7/17/2020. (hmc) (Entered: 06/16/2020)
2020-07-1712Joint STATUS REPORT by FEDERATION FOR AMERICAN IMMIGRATION REFORM. (Attachments: # 1 Text of Proposed Order)(Casale, Ralph) (Entered: 07/17/2020)
2020-07-20MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report, the parties are ORDERED to file a further Joint Status Report on or before August 18, 2020, advising the Court of a proposed schedule for further proceedings in this matter. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/20/2020. (lctnm1) (Entered: 07/20/2020)
2020-07-20Set/Reset Deadlines: Joint Status Report due by 8/18/2020. (hmc) (Entered: 07/20/2020)
2020-08-1813Joint STATUS REPORT by FEDERATION FOR AMERICAN IMMIGRATION REFORM. (Attachments: # 1 Text of Proposed Order)(Casale, Ralph) (Entered: 08/18/2020)
2020-08-18MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, the parties are hereby ORDERED to file a further Joint Status Report on or before September 21, 2020. If the parties reach a settlement before September 21, 2020, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/18/2020. (lctnm1) (Entered: 08/18/2020)
2020-08-19Set/Reset Deadlines: Joint Status Report due by 9/21/2020. (zhmc) (Entered: 08/19/2020)
2020-09-2114Joint STATUS REPORT by FEDERATION FOR AMERICAN IMMIGRATION REFORM. (Attachments: # 1 Text of Proposed Order)(Casale, Ralph) (Entered: 09/21/2020)
2020-09-22MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, the parties are hereby ORDERED to file a further Joint Status Report on or before October 23, 2020. If the parties reach a settlement before that date, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/22/2020. (lctnm1). (Entered: 09/22/2020)
2020-09-22Set/Reset Deadlines: Joint Status Report due by 10/23/2020. (hmc) (Entered: 09/22/2020)
2020-10-2315Joint STATUS REPORT by FEDERATION FOR AMERICAN IMMIGRATION REFORM. (Attachments: # 1 Text of Proposed Order)(Casale, Ralph) (Entered: 10/23/2020)
2020-10-26MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, the parties are hereby ORDERED to appear for a telephonic status conference on November 23, 2020, at 10:00 a.m. Dial in details will be emailed to counsel. The parties shall also file a further Joint Status Report on or before November 16, 2020. If the parties reach a settlement before that date, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/26/2020. (lctnm1) (Entered: 10/26/2020)
2020-10-26Set/Reset Deadlines/Hearings: Joint Status Report due by 11/16/2020. Telephonic Status Conference set for 11/23/2020 at 10:00 AM before Judge Trevor N. McFadden. (hmc) (Entered: 10/26/2020)
2020-11-1616Joint STATUS REPORT by FEDERATION FOR AMERICAN IMMIGRATION REFORM. (Attachments: # 1 Text of Proposed Order)(Casale, Ralph) (Entered: 11/16/2020)
2020-11-17MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, the status conference set for November 23, 2020, is VACATED. The parties shall file a further Joint Status Report on or before December 18, 2020. If the parties reach a settlement before that date, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/17/2020. (lctnm1) (Entered: 11/17/2020)
2020-11-17Set/Reset Deadlines: Joint Status Report due by 12/18/2020. (hmc) (Entered: 11/17/2020)
2020-12-1817Joint STATUS REPORT by FEDERATION FOR AMERICAN IMMIGRATION REFORM. (Attachments: # 1 Text of Proposed Order)(Casale, Ralph) (Entered: 12/18/2020)
2020-12-18MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, the parties are ORDERED to file a further Joint Status Report on or before January 18, 2021. If the parties reach a settlement before that date, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/18/2020. (lctnm1) (Entered: 12/18/2020)
2020-12-21Set/Reset Deadlines: Joint Status Report due by 1/18/2021. (hmc) (Entered: 12/21/2020)
2021-01-1518Joint STATUS REPORT by FEDERATION FOR AMERICAN IMMIGRATION REFORM. (Attachments: # 1 Text of Proposed Order)(Casale, Ralph) (Entered: 01/15/2021)
2021-01-16MINUTE ORDER. Upon consideration of the parties' 18 Joint Status Report, the parties are hereby ORDERED to appear for a telephonic status conference on February 16, 2021, at 10:00 a.m. Dial in details will be emailed to counsel. The parties shall also file a further Joint Status Report on or before February 9, 2021. If the parties reach a settlement before that date, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/16/2021. (lctnm1) (Entered: 01/16/2021)
2021-01-19Set/Reset Deadlines/Hearings: Joint Status Report due by 2/9/2021. Telephonic Status Conference set for 2/16/2021 at 10:00 AM before Judge Trevor N. McFadden. (hmc) (Entered: 01/19/2021)
2021-02-0919Joint STATUS REPORT by FEDERATION FOR AMERICAN IMMIGRATION REFORM. (Attachments: # 1 Text of Proposed Order)(Casale, Ralph) (Entered: 02/09/2021)
2021-02-09MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, the telephonic status conference scheduled for February 16, 2021, is hereby rescheduled for March 18, 2021, at 10:00 a.m. Dial in details will be emailed to counsel. The parties shall also file a further Joint Status Report on or before March 11, 2021. If the parties reach a settlement before that date, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/9/2021. (lctnm1) (Entered: 02/09/2021)
2021-02-10Set/Reset Deadlines/Hearings: Joint Status Report due by 3/11/2021. Telephonic Status Conference rescheduled for 3/18/2021 at 10:00 AM before Judge Trevor N. McFadden. (hmc) (Entered: 02/10/2021)
2021-03-1120Joint STATUS REPORT by FEDERATION FOR AMERICAN IMMIGRATION REFORM. (Casale, Ralph) (Entered: 03/11/2021)
2021-03-1721STIPULATION of Dismissal by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Schaefer, Daniel) (Entered: 03/17/2021)
2021-03-17MINUTE ORDER. Pursuant to the parties' 21 Stipulation of Dismissal, this case is hereby DISMISSED with prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court shall close this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/17/2021. (lctnm1) (Entered: 03/17/2021)
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