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Case TitleREED SMITH LLP v. DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv01701
Date Filed2021-06-24
Date Closed2023-08-17
JudgeJudge Carl J. Nichols
PlaintiffREED SMITH LLP
Case DescriptionThe law firm of Reed Smith LLP, who was representing Greyhound Lines, submitted a FOIA request to the Department of Homeland Security for records concerning the State of Washington's lawsuit against Greyhound for allowing Customs and Border Protection agents to board its buses in search of undocumented migrants. Reed Smith also requested expedited processing. The agency acknowledged receipt of the request and denied Reed Smith's request for expedited processing. After hearing nothing further from the agency, Reed Smith filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantU.S. CUSTOMS AND BORDER PROTECTION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-06-241COMPLAINT against DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION ( Filing fee $ 402 receipt number ADCDC-8554939) filed by REED SMITH LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet, # 6 Summons Department of Homeland Security, # 7 Summons U.S. Customs and Border Protection)(Herbst, Daniel) (Entered: 06/24/2021)
2021-06-25Case Assigned to Judge Carl J. Nichols. (znmg) (Entered: 06/25/2021)
2021-06-252SUMMONS (2) Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Attachment: # 1 Notice and Consent)(znmg) (Entered: 06/25/2021)
2021-06-283ERRATA to Complaint by REED SMITH LLP re 1 Complaint, filed by REED SMITH LLP. (Attachments: # 1 Exhibit 1 - Corrected Complaint)(Herbst, Daniel) (Entered: 06/28/2021)
2021-06-294MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jennifer R. Fearnow, Filing fee $ 100, receipt number ADCDC-8562842. Fee Status: Fee Paid. by REED SMITH LLP. (Attachments: # 1 Declaration of Jennifer R. Fearnow, # 2 Text of Proposed Order)(Herbst, Daniel) (Entered: 06/29/2021)
2021-06-295MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jesse L. Miller, Filing fee $ 100, receipt number ADCDC-8562907. Fee Status: Fee Paid. by REED SMITH LLP. (Attachments: # 1 Declaration of Jesse L. Miller, # 2 Text of Proposed Order)(Herbst, Daniel) (Entered: 06/29/2021)
2021-07-166RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 7/2/2021; U.S. CUSTOMS AND BORDER PROTECTION served on 7/2/2021, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/6/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 8/5/2021.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/02/2021. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Herbst, Daniel) (Entered: 07/16/2021)
2021-07-19MINUTE ORDER. The Court having considered Plaintiff's 4 Motion For Admission Pro Hac Vice of Jennifer R. Fearnow, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Jennifer R. Fearnow is ADMITTED to practice before the Court pro hac vice . Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Carl J. Nichols on July 19, 2021. (lccjn1) (Entered: 07/19/2021)
2021-07-19MINUTE ORDER. The Court having considered Plaintiff's 6 Motion For Admission Pro Hac Vice of Jesse L. Miller, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Jesse L. Miller is ADMITTED to practice before the Court pro hac vice . Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Carl J. Nichols on July 19, 2021. (lccjn1) (Entered: 07/19/2021)
2021-07-237NOTICE of Appearance by Jennifer R. Fearnow on behalf of REED SMITH LLP (Fearnow, Jennifer) (Entered: 07/23/2021)
2021-07-238NOTICE of Appearance by Jesse Luke Miller on behalf of REED SMITH LLP (Miller, Jesse) (Entered: 07/23/2021)
2021-08-069ANSWER to Complaint by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION.(Tilghman, Michael) (Entered: 08/06/2021)
2021-08-26MINUTE 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 16, 2021. The Joint Status Report shall address: (1) the status of Plaintiffs FOIA request; (2) the anticipated number of documents responsive to Plaintiffs FOIA request; (3) the anticipated date(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 Plaintiffs request[s] and any discussions regarding whether Plaintiffs request[s] 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 August 26, 2021. (lccjn1) (Entered: 08/26/2021)
2021-08-26Set/Reset Deadlines: Joint Status Report due by 9/16/2021. (zcal) (Entered: 08/27/2021)
2021-08-26Set/Reset Deadlines: Response due by 9/15/2021. Reply due by 10/15/2021. (zcal) (Entered: 08/27/2021)
2021-09-1610Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Tilghman, Michael) (Entered: 09/16/2021)
2021-09-17MINUTE ORDER. Upon consideration of the Parties' 10 Joint Status Report, it is ORDERED that the Parties shall file by October 18, 2021 an additional joint status report advising the Court of the status of this matter and including a recommendation for further proceedings. Signed by Judge Carl J. Nichols on September 17, 2021. (lccjn1) (Entered: 09/17/2021)
2021-09-17Set/Reset Deadlines: Joint Status Report due by 10/18/2021. (zcal) (Entered: 09/17/2021)
2021-10-1811Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Tilghman, Michael) (Entered: 10/18/2021)
2021-10-19MINUTE ORDER. Upon consideration of the 11 Joint Status Report, it is ORDERED that the Parties submit an additional joint status report by November 30, 2021. Signed by Judge Carl J. Nichols on October 19, 2021. (lccjn1) (Entered: 10/19/2021)
2021-10-19Set/Reset Deadlines: Joint Status Report due by 11/30/2021. (zcal) (Entered: 10/20/2021)
2021-11-3012Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Tilghman, Michael) (Entered: 11/30/2021)
2021-12-01MINUTE ORDER. Upon consideration of the 12 Joint Status Report, it is ORDERED that the Parties shall file, by January 31, 2022, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on December 1, 2021. (lccjn1) (Entered: 12/01/2021)
2022-01-3113Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Tilghman, Michael) (Entered: 01/31/2022)
2022-02-02MINUTE ORDER. Upon consideration of the 13 Joint Status Report, it is ORDERED that the Parties shall file, by April 1, 2022, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on February 2, 2022. (lccjn1) (Entered: 02/02/2022)
2022-04-0114Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Tilghman, Michael) (Entered: 04/01/2022)
2022-04-05MINUTE ORDER. Upon consideration of the 14 Joint Status Report, it is ORDERED that the Parties shall file, by June 24, 2022, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on April 5, 2022. (lccjn1) (Entered: 04/05/2022)
2022-06-2415NOTICE of Appearance by Dedra Seibel Curteman on behalf of All Defendants (Curteman, Dedra) (Entered: 06/24/2022)
2022-06-2416Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Curteman, Dedra) (Entered: 06/24/2022)
2022-06-30MINUTE ORDER. Upon consideration of the 16 Joint Status Report, it is ORDERED that the Parties shall file, by August 23, 2022, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on June 30, 2022. (lccjn1) (Entered: 06/30/2022)
2022-07-0517NOTICE OF WITHDRAWAL OF APPEARANCE as to DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. Attorney Dedra Seibel Curteman terminated. (Curteman, Dedra) (Entered: 07/05/2022)
2022-08-2318Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Tilghman, Michael) (Entered: 08/23/2022)
2022-08-26MINUTE ORDER. Upon consideration of the 18 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional joint status report by October 24, 2022, and every 60 days thereafter until either party moves for a briefing schedule for dispositive motions, files a dispositive motion, or the case is terminated. Signed by Judge Carl J. Nichols on August 26, 2022. (lccjn1) (Entered: 08/26/2022)
2022-08-26Set/Reset Deadlines: Joint Status Report due by 10/24/2022. (zcal) (Entered: 08/26/2022)
2022-09-1919NOTICE OF SUBSTITUTION OF COUNSEL by Kenneth A. Adebonojo on behalf of DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION Substituting for attorney Michael A. Tilghman II (Adebonojo, Kenneth) (Entered: 09/19/2022)
2022-12-07MINUTE ORDER. Pursuant to the Court's previous order on August 26, 2022, ordering an additional joint status report to be filed on October 24, 2022, and every 60 days thereafter, the Parties are ORDERED to file a joint status report by December 23, 2022, including an explanation of why a joint status report was not filed on October 24, 2022. Signed by Judge Carl J. Nichols on December 7, 2022. (lccjn1) (Entered: 12/07/2022)
2022-12-2320Joint STATUS REPORT by REED SMITH LLP. (Herbst, Daniel) (Entered: 12/23/2022)
2023-02-2121Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Adebonojo, Kenneth) (Entered: 02/21/2023)
2023-04-2022Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Adebonojo, Kenneth) (Entered: 04/20/2023)
2023-06-2023Joint STATUS REPORT by REED SMITH LLP. (Herbst, Daniel) (Entered: 06/20/2023)
2023-08-1624STIPULATION of Dismissal (Joint) by REED SMITH LLP. (Herbst, Daniel) (Entered: 08/16/2023)
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