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Case TitleCITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv03544
Date Filed2019-11-25
Date Closed2023-09-06
JudgeJudge Amit P. Mehta
PlaintiffCITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON
Case DescriptionCitizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of Homeland Security for records concerning Katherine Gorka and her role as an advisor to the DHS Office of Policy. The agency acknowledged receipt of the request. Nearly two years later, the agency told CREW that it had located 693 responsive pages but disclosed only eight pages in their entirety, citing Exemption 5 (privileges), Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption 7(E) (investigative methods or techniques). CREW filed an administrative appeal of the agency's decision. The agency acknowledged receipt of the appeal, but after hearing nothing further from the agency, CREW filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Vaughn index

DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
DefendantDEPARTMENT OF HOMELAND SECURITY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-11-251COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number ADCDC-6591371) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Gutman, Jeffrey) (Entered: 11/25/2019)
2019-11-26Case assigned to Judge Amit P. Mehta. (zmc) (Entered: 11/26/2019)
2019-11-262SUMMONS (1) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachment: # 1 Notice and Consent)(zmc) (Entered: 11/26/2019)
2019-12-193RETURN 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. (Gutman, Jeffrey) (Entered: 12/19/2019)
2019-12-194RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General December 2, 2019. (Gutman, Jeffrey) (Entered: 12/19/2019)
2019-12-195RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 12/2/2019 (Gutman, Jeffrey) (Entered: 12/19/2019)
2019-12-206Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF HOMELAND SECURITY (Pfaffenroth, Peter) (Entered: 12/20/2019)
2019-12-20MINUTE ORDER granting 6 Consent Motion for Extension of Time to Respond to Complaint. Time is hereby extended to January 23, 2020, for Defendant to respond to the Complaint. Signed by Judge Amit P. Mehta on 12/20/2020. (lcapm1) (Entered: 12/20/2019)
2019-12-20Set/Reset Deadlines: Responsive Pleading due by 1/23/2020. (zjd) (Entered: 12/26/2019)
2020-01-237ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY.(Pfaffenroth, Peter) (Entered: 01/23/2020)
2020-01-248ORDER. 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 February 7, 2020. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 01/24/2020. (lcapm3) (Entered: 01/24/2020)
2020-01-24Set/Reset Deadlines: Joint Status Report due by 2/7/2020. (zjd) (Entered: 01/27/2020)
2020-02-079Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Pfaffenroth, Peter) (Entered: 02/07/2020)
2020-02-10MINUTE ORDER. The parties shall file a Joint Status Report by March 6, 2020, which advises whether any outstanding issues remain with Defendant's production and, if so, proposes a summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 02/10/2020. (lcapm3) (Entered: 02/10/2020)
2020-02-10Set/Reset Deadlines: Joint Status Report due by 3/6/2020. (zjd) (Entered: 02/10/2020)
2020-03-0610Joint STATUS REPORT and proposed briefing schedule by U.S. DEPARTMENT OF HOMELAND SECURITY. (Pfaffenroth, Peter) (Entered: 03/06/2020)
2020-03-0911ORDER setting the following schedule for further proceedings in this matter: Defendant's Motion for Summary Judgment shall be filed on or before June 15, 2020; Plaintiff's Opposition to Defendant's Motion for Summary Judgment shall be filed on or before July 6, 2020; and Defendant's Reply shall be filed on or before July 20, 2020. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 03/09/2020. (lcapm3) (Entered: 03/09/2020)
2020-03-09Set/Reset Deadlines: Motion for Summary Judgment due by 6/15/2020. Opposition due by 7/6/2020. Reply due by 7/20/2020. (zjd) (Entered: 03/17/2020)
2020-06-0812Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 06/08/2020)
2020-06-11MINUTE ORDER granting 12 Unopposed Motion to Extend Time to File Motion for Summary Judgment. Defendant shall file its motion for summary judgment on or before June 29, 2020; Plaintiff shall file its opposition by July 20, 2020; and Defendant shall file its reply by August 3, 2020. Signed by Judge Amit P. Mehta on 06/11/2020. (lcapm3) (Entered: 06/11/2020)
2020-06-11Set/Reset Deadlines: Motion for Summary Judgment due by 6/29/2020. Opposition due by 7/20/2020. Reply due by 8/3/2020. (zjd) (Entered: 06/11/2020)
2020-06-1913MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 06/19/2020)
2020-06-1914ORDER granting 13 Motion to Extend Time to File Motion for Summary Judgment. Defendant shall file its motion for summary judgment by July 17, 2020; Plaintiff shall file its opposition by August 7, 2020; and Defendant shall file its reply by August 21, 2020. See attached Order for further details. Signed by Judge Amit P. Mehta on 06/19/2020. (lcapm3) (Entered: 06/19/2020)
2020-06-19Set/Reset Deadlines: Motion for Summary Judgment due by 7/17/2020. Opposition due by 8/7/2020. Reply due by 8/21/2020. (zjd) (Entered: 06/23/2020)
2020-07-1715MOTION for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of James Holzer, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E (Vaughn Index), # 9 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 07/17/2020)
2020-08-0416Joint MOTION for Briefing Schedule Enlargement by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 08/04/2020)
2020-08-0517ORDER granting 16 Joint Motion for Enlargement of Briefing Schedule. Plaintiff shall file its opposition to Defendant's motion for summary judgment by August 28, 2020, and Defendant shall file its reply by September 21, 2020. See attached Order for further details. Signed by Judge Amit P. Mehta 08/05/2020. (lcapm3) (Entered: 08/05/2020)
2020-08-05Set/Reset Deadlines: Opposition due by 8/28/2020. Reply due by 9/21/2020. (zjd) (Entered: 08/06/2020)
2020-08-2818Memorandum in opposition to re 15 MOTION for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Statement of Facts Response to Statement of Facts, # 2 Declaration, # 3 Exhibit Exhibit 1 Part A, # 4 Exhibit Exhibit 1 Part B, # 5 Exhibit Exhibit 1 Part C, # 6 Exhibit Exhibit 1 Part D, # 7 Text of Proposed Order, # 8 Certificate of Service)(Gutman, Jeffrey) (Entered: 08/28/2020)
2020-09-0119NOTICE OF SUBSTITUTION OF COUNSEL by Joseph F. Carilli, Jr on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Peter C. Pfaffenroth (Carilli, Joseph) (Entered: 09/01/2020)
2020-09-1820Unopposed MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 09/18/2020)
2020-09-18MINUTE ORDER granting Defendant's 20 Unopposed Motion for Extension of Time to File Response/Reply. Defendant's Reply shall now be due on or before September 28, 2020. Signed by Judge Amit P. Mehta on 09/18/2020. (lcapm3) (Entered: 09/18/2020)
2020-09-18Set/Reset Deadlines: Defendant's Reply due by 9/28/2020. (zjd) (Entered: 09/22/2020)
2020-09-2821REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit)(Carilli, Joseph) (Entered: 09/28/2020)
2021-03-3122MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendant's 15 Motion for Summary Judgment. See the attached Memorandum Opinion and Order for additional details. Signed by Judge Amit P. Mehta on 3/31/2021. (lcapm3) (Entered: 03/31/2021)
2021-06-0123Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Carilli, Joseph) (Entered: 06/01/2021)
2021-06-02MINUTE ORDER. The parties shall file an additional Joint Status Report by July 1, 2021, and every thirty days thereafter, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 6/2/2021. (lcapm3) (Entered: 06/02/2021)
2021-07-0124MOTION for Extension of Time to Status Report by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 07/01/2021)
2021-07-02MINUTE ORDER granting 24 Motion for Extension of Time to File Joint Status Report. The parties shall file the joint status report by July 2, 2021. Signed by Judge Amit P. Mehta on 7/2/2021. (lcapm3) (Entered: 07/02/2021)
2021-07-0225Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Carilli, Joseph) (Entered: 07/02/2021)
2021-07-13MINUTE ORDER. The parties shall file an additional Joint Status Report by September 13, 2021, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 7/13/2021. (lcapm3) (Entered: 07/13/2021)
2021-09-1326Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Carilli, Joseph) (Entered: 09/13/2021)
2021-09-14MINUTE ORDER. The parties shall file an additional Joint Status Report by October 29, 2021, and every last business day of each month thereafter, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 9/14/2021. (lcapm3) (Entered: 09/14/2021)
2021-10-2727Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Carilli, Joseph) (Entered: 10/27/2021)
2021-11-1828NOTICE OF SUBSTITUTION OF COUNSEL by Dedra Seibel Curteman on behalf of All Defendants Substituting for attorney Joseph Carilli (Curteman, Dedra) (Entered: 11/18/2021)
2021-11-3029Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Curteman, Dedra) (Entered: 11/30/2021)
2021-11-3030Joint STATUS REPORT (Corrected) by DEPARTMENT OF HOMELAND SECURITY. (Curteman, Dedra) (Entered: 11/30/2021)
2021-12-2031Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Curteman, Dedra) (Entered: 12/20/2021)
2022-01-3132Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Curteman, Dedra) (Entered: 01/31/2022)
2022-02-01MINUTE ORDER. The court declines to order Defendant to increase the processing of pages from 300 to 500 per month. The parties shall file their Joint Status Report by February 28, 2022. Signed by Judge Amit P. Mehta on 02/01/2022. (lcapm3) (Entered: 02/01/2022)
2022-02-2833Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Curteman, Dedra) (Entered: 02/28/2022)
2022-03-3134Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Curteman, Dedra) (Entered: 03/31/2022)
2022-04-2835Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Curteman, Dedra) (Entered: 04/28/2022)
2022-05-2636Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Curteman, Dedra) (Entered: 05/26/2022)
2022-06-3037Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Curteman, Dedra) (Entered: 06/30/2022)
2022-07-2938Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Curteman, Dedra) (Entered: 07/29/2022)
2022-08-3139Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Curteman, Dedra) (Entered: 08/31/2022)
2022-09-3040Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Curteman, Dedra) (Entered: 09/30/2022)
2022-10-2541Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Curteman, Dedra) (Entered: 10/25/2022)
2022-11-3042Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Curteman, Dedra) (Entered: 11/30/2022)
2022-12-2143Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Curteman, Dedra) (Entered: 12/21/2022)
2023-01-3144Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Curteman, Dedra) (Entered: 01/31/2023)
2023-02-01MINUTE ORDER. The parties shall file their next Joint Status Report by February 28, 2023. The court will not at this time set a deadline for Defendant to complete its search and production of responsive records. Signed by Judge Amit P. Mehta on 02/01/2023. (lcapm3) (Entered: 02/01/2023)
2023-02-2845Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Curteman, Dedra) (Entered: 02/28/2023)
2023-03-3146Joint STATUS REPORT by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Gutman, Jeffrey) (Entered: 03/31/2023)
2023-04-2447Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Curteman, Dedra) (Entered: 04/24/2023)
2023-04-2848Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Curteman, Dedra) (Entered: 04/28/2023)
2023-05-3149Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Curteman, Dedra) (Entered: 05/31/2023)
2023-06-2950Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Curteman, Dedra) (Entered: 06/29/2023)
2023-07-2751Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Curteman, Dedra) (Entered: 07/27/2023)
2023-08-3152Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Curteman, Dedra) (Entered: 08/31/2023)
2023-09-0553STIPULATION of Dismissal by DEPARTMENT OF HOMELAND SECURITY. (Curteman, Dedra) (Entered: 09/05/2023)
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