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Case TitleASSOCIATED MORTGAGE BANKERS, INC. v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv01601
Date Filed2020-06-17
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffASSOCIATED MORTGAGE BANKERS, INC.
Case DescriptionThe Associated Mortgage Bankers submitted two FOIA requests to the Department of Housing and Urban Development. The first request asked for records concerning how current administrative judges at the agency were appointed. The second request asked for all agency final opinions in adjudication cases. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the Associated Mortgage Bankers filed suit.
Complaint issues: Affirmative disclosure, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-06-171COMPLAINT against U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ( Filing fee $ 400 receipt number ADCDC-7240190) filed by ASSOCIATED MORTGAGE BANKERS, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Summons HUD, # 5 Summons US ATTY, # 6 Summons ATTY GEN.)(Souders, David) (Entered: 06/17/2020)
2020-06-172NOTICE OF RELATED CASE by ASSOCIATED MORTGAGE BANKERS, INC.. Case related to Case No. 17-cv-0075. (Souders, David) (Entered: 06/17/2020)
2020-06-18Case assigned to Judge Ellen S. Huvelle. (zmc) (Entered: 06/18/2020)
2020-06-183SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 06/18/2020)
2020-06-194Case randomly reassigned to Judge Carl J. Nichols. Judge Ellen S. Huvelle is no longer assigned to the case as deemed not related. (ztnr) (Entered: 06/19/2020)
2020-06-195STANDING ORDER. Signed by Judge Carl J. Nichols on June 19, 2020. (lccjn1) (Entered: 06/19/2020)
2020-06-226NOTICE of Appearance by Brian Michael Serafin on behalf of ASSOCIATED MORTGAGE BANKERS, INC. (Serafin, Brian) (Entered: 06/22/2020)
2020-07-167RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/30/2020. (Attachments: # 1 Exhibit Tracking Receipt)(Souders, David) (Entered: 07/16/2020)
2020-07-168RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT served on 6/26/2020 (Attachments: # 1 Exhibit Tracking Receipt)(Souders, David) (Entered: 07/16/2020)
2020-07-169RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/30/2020. Answer due for ALL FEDERAL DEFENDANTS by 7/30/2020. (Attachments: # 1 Exhibit Tracking Receipt)(Souders, David) (Entered: 07/16/2020)
2020-07-2010NOTICE of Appearance by Sian Jones on behalf of All Defendants (Jones, Sian) (Entered: 07/20/2020)
2020-07-3011MOTION to Dismiss by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Jones, Sian) (Entered: 07/30/2020)
2020-08-1212Memorandum in opposition to re 11 MOTION to Dismiss filed by ASSOCIATED MORTGAGE BANKERS, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Serafin, Brian) (Entered: 08/12/2020)
2020-08-1913AMENDED COMPLAINT (First) against U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT filed by ASSOCIATED MORTGAGE BANKERS, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Serafin, Brian) (Entered: 08/19/2020)
2020-08-1914REPLY to opposition to motion re 11 MOTION to Dismiss filed by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Jones, Sian) (Entered: 08/19/2020)
2020-09-0215NOTICE of Voluntary Dismissal re Counts 1 & 2 (Serafin, Brian) (Entered: 09/02/2020)
2020-09-0216ANSWER to 13 Amended Complaint, by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.(Jones, Sian) (Entered: 09/02/2020)
2020-09-03MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. According to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before September 24, 2020. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated dates(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiff's requests and any discussions regarding whether Plaintiff's requests can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on September 3, 2020. (lccjn1) (Entered: 09/03/2020)
2020-09-03Set/Reset Deadlines: Joint Status Report due by 9/24/2020. (zcal) (Entered: 09/03/2020)
2020-09-2417Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Jones, Sian) (Entered: 09/24/2020)
2020-10-01MINUTE 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 November 23, 2020. Signed by Judge Carl J. Nichols on October 1, 2020.(lccjn1) (Entered: 10/01/2020)
2020-10-01Set/Reset Deadlines: Joint Status Report due by 11/23/2020. (zcal) (Entered: 10/01/2020)
2020-11-2318Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Jones, Sian) (Entered: 11/23/2020)
2020-11-24MINUTE ORDER. In light of the Parties' 18 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional joint status report on or before January 22, 2021. Signed by Judge Carl J. Nichols on November 24, 2020. (lccjn1) (Entered: 11/24/2020)
2020-11-24Set/Reset Deadlines: Joint Status Report due by 1/22/2021. (zcal) (Entered: 11/25/2020)
2021-01-2219Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Jones, Sian) (Entered: 01/22/2021)
2021-01-22MINUTE ORDER. After review of the Parties' 19 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional joint status report by March 23, 2021. Signed by Judge Carl J. Nichols on January 22, 2021. (lccjn1) (Entered: 01/22/2021)
2021-01-22Set/Reset Deadlines: Joint Status Report due by 3/23/2021. (zcal) (Entered: 01/25/2021)
2021-01-27MINUTE ORDER. After review of Defendant's 11 Motion to Dismiss, the Parties are ORDERED to address whether the Motion is moot in their March Status Report. Signed by Judge Carl J. Nichols on January 27,2021. (lccjn1) (Entered: 01/27/2021)
2021-03-2320Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Jones, Sian) (Entered: 03/23/2021)
2021-05-2421Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Jones, Sian) (Entered: 05/24/2021)
2021-05-26MINUTE 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 July 26, 2021. Signed by Judge Carl J. Nichols on May 26, 2021. (lccjn1) (Entered: 05/26/2021)
2021-05-26Set/Reset Deadlines: Joint Status Report due by 7/26/2021. (zcal) (Entered: 05/26/2021)
2021-07-2622Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Jones, Sian) (Entered: 07/26/2021)
2021-07-29MINUTE 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 September 28, 2021. Signed by Judge Carl J. Nichols on July 29, 2021. (lccjn1) (Entered: 07/29/2021)
2021-07-29MINUTE ORDER. After review of the Parties' 16 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report by September 22, 2021. Signed by Judge Carl J. Nichols on July 29, 2021. (lccjn1) (Entered: 07/29/2021)
2021-07-29Set/Reset Deadlines: Joint Status Report due by 9/28/2021. (zcal) (Entered: 07/29/2021)
2021-07-29Set/Reset Deadlines: Joint Status Report due by 9/22/2021. (zcal) (Entered: 07/29/2021)
2021-09-2223Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Jones, Sian) (Entered: 09/22/2021)
2021-09-23MINUTE ORDER. Upon consideration of the Parties' 23 Joint Status Report, it is ORDERED the Parties file an additional status report by November 22, 2021, including a recommendation for further proceedings. Signed by Judge Carl J. Nichols on September 23, 2021. (lccjn1) (Entered: 09/23/2021)
2021-09-23Set/Reset Deadlines: Joint Status Report due by 11/22/2021. (zcal) (Entered: 09/24/2021)
2021-11-2224Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Jones, Sian) (Entered: 11/22/2021)
2021-11-30MINUTE ORDER. Upon review of the 24 Joint Status Report, the Parties are ORDERED to submit, by December 22, 2021, an additional joint status report, including their proposals for further proceedings and a dispositive motions briefing schedule. Signed by Judge Carl J. Nichols on November 30, 2021. (lccjn1) (Entered: 11/30/2021)
2021-12-2225Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Jones, Sian) (Entered: 12/22/2021)
2021-12-22MINUTE ORDER. Upon consideration of the 25 Joint Status Report, it is ORDERED that Motions for Summary Judgment relating to liability and prospective relief only (not relating to the production of requested documents) are due February 22, 2022; Responses are due March 24, 2022; and any Replies are due April 18, 2022. It is also ORDERED that Parties shall file, by March 1, 2022, an additional joint status report, including an update on the production of documents in this case. Signed by Judge Carl J. Nichols on December 22, 2021. (lccjn1) (Entered: 12/22/2021)
2021-12-22Set/Reset Deadlines: Status Report due by 3/1/2022 Summary Judgment motions due by 2/22/2022. Response to Motion for Summary Judgment due by 3/24/2022. Reply to Motion for Summary Judgment due by 4/18/2022. (zcal) (Entered: 12/23/2021)
2022-02-1826Consent MOTION for Extension of Time to File by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 02/18/2022)
2022-02-22MINUTE ORDER. Upon consideration of the Defendant's 26 Consent Motion, it is ORDERED the Motion is GRANTED. It is further ORDERED that Motions for Summary Judgment relating to liability and prospective relief only (not relating to the production of requested documents) are due March 1, 2022. It is further ORDERED the remaining briefing dates remain unchanged. Signed by Judge Carl J. Nichols on February 22, 2022. (lccjn1) (Entered: 02/22/2022)
2022-02-22Set/Reset Deadlines: Summary Judgment motions due by 3/1/2022. (zcal) (Entered: 02/23/2022)
2022-03-0127Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Jones, Sian) (Entered: 03/01/2022)
2022-03-0128MOTION for Partial Summary Judgment , Partial MOTION for Judgment on the Pleadings by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Snowden, # 4 Exhibit A, # 5 Exhibit B, # 6 Declaration Forman, # 7 Declaration Matos, # 8 Declaration Allen, # 9 Declaration Borum, # 10 Declaration Lansing, # 11 Text of Proposed Order)(Jones, Sian) (Entered: 03/01/2022)
2022-03-0129MOTION for Summary Judgment by ASSOCIATED MORTGAGE BANKERS, INC.. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Serafin, Brian) (Entered: 03/01/2022)
2022-03-04MINUTE ORDER. Upon consideration of the 27 Joint Status Report, it is ORDERED that the Parties shall file, by June 3, 2022, an additional joint status report including a proposal for further proceedings. Signed by Judge Carl J. Nichols on March 4, 2022. (lccjn1) (Entered: 03/04/2022)
2022-03-2430Memorandum in opposition to re 29 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Statement of Facts Def's Supp., # 2 Declaration 2d Matos, # 3 Statement of Facts Response To Pl's SMF)(Jones, Sian) Modified docket event/text on 3/25/2022 (zeg). (Entered: 03/24/2022)
2022-03-2431Memorandum in opposition to re 28 MOTION for Partial Summary Judgment Partial MOTION for Judgment on the Pleadings filed by ASSOCIATED MORTGAGE BANKERS, INC.. (Attachments: # 1 Statement of Facts Response to Def's SMF, # 2 Text of Proposed Order)(Serafin, Brian) Modified docket event/text on 3/25/2022 (zeg). (Entered: 03/24/2022)
2022-04-1332NOTICE OF WITHDRAWAL OF APPEARANCE as to ASSOCIATED MORTGAGE BANKERS, INC.. Attorney David M. Souders terminated. (Serafin, Brian) (Entered: 04/13/2022)
2022-04-14NOTICE OF ERROR re 32 Notice of Withdrawal of Appearance; emailed to serafin@thewbkfirm.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following for future filings; do not refile document , 2. Invalid attorney signature- signature on document must match PACER login. Please refile. (zeg, ) (Entered: 04/14/2022)
2022-04-1833REPLY to opposition to motion re 28 MOTION for Partial Summary Judgment Partial MOTION for Judgment on the Pleadings filed by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Jones, Sian) (Entered: 04/18/2022)
2022-04-1834REPLY to opposition to motion re 30 Response to motion, filed by ASSOCIATED MORTGAGE BANKERS, INC.. (Attachments: # 1 Statement of Facts Response to Def's Supp SMF, # 2 Declaration Brian M. Serafin)(Serafin, Brian) (Entered: 04/18/2022)
2022-06-0335Consent MOTION for Extension of Time to File by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 06/03/2022)
2022-06-06MINUTE ORDER. Upon consideration of the Defendant's 35 Consent Motion for an Extension of Time, it is ORDERED that the Motion is GRANTED. It is further ORDERED that the Parties shall file their joint status report no later than June 8, 2022. Signed by Judge Carl J. Nichols on June 6, 2022. (lccjn1) (Entered: 06/06/2022)
2022-06-0836Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Jones, Sian) (Entered: 06/08/2022)
2022-06-21MINUTE ORDER. Upon consideration of the 36 Joint Status Report, it is ORDERED that the Parties shall file, by August 12, 2022, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on June 21, 2022. (lccjn1) (Entered: 06/21/2022)
2022-08-1237Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Jones, Sian) (Entered: 08/12/2022)
2022-08-18MINUTE ORDER. Upon consideration of the 37 Joint Status Report, it is ORDERED that the Parties shall file, by October 17, 2022, an additional joint status report, including a proposal for further proceedings and a proposed briefing schedule for any challenge to the production. Signed by Judge Carl J. Nichols on August 18, 2022. (lccjn1) (Entered: 08/18/2022)
2022-10-1738Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Jones, Sian) (Entered: 10/17/2022)
2022-10-25MINUTE ORDER. Upon consideration of the 38 Joint Status Report, it is ORDERED that the Parties shall file, by December 16, 2022, an additional joint status report, apprising the Court of the status of the case and including a proposal for further proceedings. Signed by Judge Carl J. Nichols on October 25, 2022. (lccjn1) (Entered: 10/25/2022)
2022-10-25Set/Reset Deadlines: Joint Status Report due by 12/16/2022. (zcal) (Entered: 10/26/2022)
2022-12-1639Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Jones, Sian) (Entered: 12/16/2022)
2022-12-30MINUTE ORDER. Upon consideration of the 39 Joint Status Report, it is ORDERED that the Parties shall file, by February 14, 2023, an additional joint status report, apprising the Court of the status of the case and including a proposal for further proceedings. It is further ORDERED that Defendant's 28 Motion and Plaintiff's 29 Motion are STAYED pending further order of the Court. Signed by Judge Carl J. Nichols on December 30, 2022. (lccjn1) (Entered: 12/30/2022)
2023-02-1440Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Jones, Sian) (Entered: 02/14/2023)
2023-02-21MINUTE ORDER. Upon consideration of the 40 Joint Status Report, it is ORDERED that this case is STAYED until April 15, 2023. It is further ORDERED that the Parties shall file a joint status report, by April 15, 2023, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on February 21, 2023. (lccjn1) (Entered: 02/21/2023)
2023-02-21Set/Reset Deadlines: Joint Status Report due by 4/15/2023. (zcam) (Entered: 02/21/2023)
2023-04-1441Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Jones, Sian) (Entered: 04/14/2023)
2023-04-27MINUTE ORDER. Upon consideration of the 41 Joint Status Report, it is ORDERED that this case is STAYED until June 23, 2023. It is further ORDERED that the Parties shall file a joint status report, by June 23, 2023, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on April 27, 2023. (lccjn1) (Entered: 04/27/2023)
2023-06-2342Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Jones, Sian) (Entered: 06/23/2023)
2023-06-28MINUTE ORDER. Upon consideration of the 42 Joint Status Report, it is ORDERED that this case remains STAYED until August 22, 2023. It is further ORDERED that the Parties shall file a joint status report, by August 22, 2023, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on June 28, 2023. (lccjn1) (Entered: 06/28/2023)
2023-08-2243Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Jones, Sian) (Entered: 08/22/2023)
2023-08-2944NOTICE of Appearance by Michael David Wagner on behalf of All Defendants (Wagner, Michael) (Entered: 08/29/2023)
2023-10-05MINUTE ORDER. Upon consideration of the 43 Joint Status Report, it is hereby ORDERED that this case shall remain STAYED until October 21, 2023. It is further ORDERED that the Parties shall file a joint status report by October 21, 2023, including a proposal for further proceedings. So ORDERED by Judge Carl J. Nichols on October 5, 2023. (lccjn1) (Entered: 10/05/2023)
2023-10-05Set/Reset Deadlines: Joint Status Report due by 10/21/2023. (zkh) (Entered: 10/05/2023)
2023-10-2045Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Wagner, Michael) (Entered: 10/20/2023)
2023-10-23MINUTE ORDER. Upon consideration of the 45 Joint Status Report, it is hereby ORDERED that this case shall remain STAYED until December 19, 2023. It is further ORDERED that the Parties shall file a joint status report by December 19, 2023, including a proposal for further proceedings. So ORDERED by Judge Carl J. Nichols on October 23, 2023. (lccjn1) (Entered: 10/23/2023)
2023-12-1946Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Wagner, Michael) (Entered: 12/19/2023)
2024-01-1147MINUTE ORDER. Upon consideration of the 46 Joint Status Report, it is hereby ORDERED that this case shall remain STAYED until February 16, 2024. It is further ORDERED that the Parties shall file a joint status report on or before February 16, 2024, including a proposal for further proceedings. So ORDERED by Judge Carl J. Nichols on January 11, 2024. (lccjn1) (Entered: 01/11/2024)
2024-02-1648Joint STATUS REPORT by U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 02/16/2024)
2024-02-20MINUTE ORDER. Upon consideration of the 48 Joint Status Report, it is hereby ORDERED that this case shall remain STAYED until April 16, 2024. It is further ORDERED that that the Parties shall file a joint status report on or before April 16, 2024, including a proposal for further proceedings, if they do not file a joint stipulation of dismissal before that date. So ORDERED by Judge Carl J. Nichols on February 20, 2024. (lccjn1) (Entered: 02/20/2024)
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