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Case TitleAMERICA FIRST LEGAL FOUNDATION v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02168
Date Filed2021-08-13
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffAMERICA FIRST LEGAL FOUNDATION
Case DescriptionAmerica First Legal Foundation submitted a FOIA request to the Department of Homeland Security for records concerning reports referred to in the Weekly Reporting of All Enforcement and Removal Actions in a memo from Tae Johnson to ICE employees. The agency acknowledged receipt of the request and told America First that it was invoking a 10-day extension to respond. After hearing nothing further from the agency, America First Foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY
DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantUNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT
DefendantIMMIGRATION AND CUSTOMS ENFORCEMENT
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-08-131COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-8666657) filed by AMERICA FIRST LEGAL FOUNDATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Civil Cover Sheet, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons)(Field, Brian) (Entered: 08/13/2021)
2021-08-132LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICA FIRST LEGAL FOUNDATION (Field, Brian) (Entered: 08/13/2021)
2021-08-13Case Assigned to Judge Randolph D. Moss. (zsb) (Entered: 08/13/2021)
2021-08-163SUMMONS (4) Issued Electronically as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 08/16/2021)
2021-08-164STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 08/16/2021. (lcrdm3) (Entered: 08/16/2021)
2021-08-255RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/23/2021. Answer due for ALL FEDERAL DEFENDANTS by 9/22/2021. (Attachments: # 1 Declaration Decl. of K. Robinson)(Field, Brian) (Entered: 08/25/2021)
2021-08-256RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. Defendants UNITED STATES DEPARTMENT OF HOMELAND SECURITY; UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT served 08/20/2021 (Attachments: # 1 Declaration of K. Robinson)(Field, Brian) Modified text to add service date on 8/26/2021 (ztd). (Entered: 08/25/2021)
2021-08-257RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/23/2021. (Attachments: # 1 Declaration of K. Robinson)(Field, Brian) (Entered: 08/25/2021)
2021-09-228ANSWER to Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT.(Rosen-Shaud, Brian) (Entered: 09/22/2021)
2021-09-22MINUTE ORDER: It is hereby ORDERED that, on or before November 22, 2021, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is further ORDERED that the parties shall appear telephonically for an initial scheduling conference on November 29, 2021, at 10:30 a.m. The parties will receive a teleconference number and access code from the Deputy Clerk prior to the teleconference. Signed by Judge Randolph D. Moss on 09/22/2021. (lcrdm3) (Entered: 09/22/2021)
2021-11-229Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Rosen-Shaud, Brian) (Entered: 11/22/2021)
2021-11-29Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Initial Scheduling Conference held on 11/29/2021. The Government shall process 500 pages each month. The parties shall file a Joint Status Report by 1/31/2022. (Court Reporter: Nancy Meyer.) (kt) (Entered: 11/29/2021)
2022-01-3110Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Declaration of Lynnea Schurkamp)(Rosen-Shaud, Brian) (Entered: 01/31/2022)
2022-02-1811Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Rosen-Shaud, Brian) (Entered: 02/18/2022)
2022-03-03MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 11 , it is hereby ORDERED that (1) the government shall, pursuant to this Court's prior order, see Minute Entry (Nov. 29, 2021), continue to issue its periodic releases on the 15th of each month (or the next business day, if the 15th of any given month is a weekend day or federal holiday); (2) the government shall, pursuant to that same order, continue to process at least 500 pages of records per month; (3) the parties shall meet and confer about how most expeditiously to process the spreadsheets described in the parties' joint status report; and (4) the parties shall file a further status report on or before March 18, 2022. Signed by Judge Randolph D. Moss on 03/03/2022. (lcrdm3) (Entered: 03/03/2022)
2022-03-1812Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Rosen-Shaud, Brian) (Entered: 03/18/2022)
2022-03-26MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 12 , it is hereby ORDERED that on or before April 1, 2022, the government shall file a declaration that includes its best estimates for how long the agency requires to review a row of information in the cumulative weekly report spreadsheet described in the status report. Signed by Judge Randolph D. Moss on 03/26/2022. (lcrdm3) (Entered: 03/26/2022)
2022-04-0113NOTICE of filing of declaration by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Declaration)(Rosen-Shaud, Brian) (Entered: 04/01/2022)
2022-04-0414RESPONSE re 13 Notice (Other) filed by AMERICA FIRST LEGAL FOUNDATION. (Field, Brian) (Entered: 04/04/2022)
2022-04-07MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 12 , the government's declaration, Dkt. [13-1], and Plaintiff's response, Dkt. 14 , it is hereby ORDERED that (1) the government shall, pursuant to this Court's prior order, see Minute Order (Mar. 3, 2022), continue to issue its periodic releases on the 15th of each month (or the next business day, if the 15th of any given month is a weekend day or federal holiday); (2) the government shall process at least 2,000 rows of the cumulative spreadsheet or 500 pages of records per month; and (3) the parties shall file a further status report on or before June 1, 2022. Signed by Judge Randolph D. Moss on 04/07/2022. (lcrdm3) (Entered: 04/07/2022)
2022-06-0115Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Rosen-Shaud, Brian) (Entered: 06/01/2022)
2022-06-02MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 15 , it is hereby ORDERED that the parties shall submit a further status report on or before August 1, 2022. Signed by Judge Randolph D. Moss on 06/02/2022. (lcrdm3) (Entered: 06/02/2022)
2022-08-0116Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Rosen-Shaud, Brian) (Entered: 08/01/2022)
2022-08-02MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 16 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 1, 2022. Signed by Judge Randolph D. Moss on 08/02/2022. (lcrdm3) (Entered: 08/02/2022)
2022-09-3017Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Rosen-Shaud, Brian) (Entered: 09/30/2022)
2022-10-05MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 17 , it is hereby ORDERED that the parties shall file a further joint status report on or before December 30, 2022. Signed by Judge Randolph D. Moss on 10/5/2022. (lcrdm3) (Entered: 10/05/2022)
2022-12-3018Joint STATUS REPORT by AMERICA FIRST LEGAL FOUNDATION. (Field, Brian) (Entered: 12/30/2022)
2023-01-03MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 18 , it is hereby ORDERED that the parties shall appear for a video status conference in this matter on Thursday, January 12, 2023, at 9:45 a.m., via Zoom. Signed by Judge Randolph D. Moss on 1/3/2023.(lcrdm3) (Entered: 01/03/2023)
2023-01-1019Consent MOTION for Extension of Time to Provide January Production by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Rosen-Shaud, Brian) (Entered: 01/10/2023)
2023-01-10MINUTE ORDER: Upon consideration of Defendants' consent motion for extension of time, Dkt. 19 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendants shall provide Plaintiff with the monthly production in this case on or before January 25, 2023. Signed by Judge Randolph D. Moss on 1/10/2023. (lcrdm3) (Entered: 01/10/2023)
2023-01-12Minute Entryfor proceedings held before Judge Randolph D. Moss: Video (Zoom)Status Conference held on 1/12/2023 via Zoom. Parties directed to meet and confer and file a joint status report by 2/3/2023. A further Status Conference is set for 2/21/2023 at 9:00 AM before Judge Randolph D. Moss to he held via Zoom. (Court Reporter Jeff Hook) (zglw) (Entered: 01/12/2023)
2023-02-0320Joint STATUS REPORT by AMERICA FIRST LEGAL FOUNDATION. (Field, Brian) (Entered: 02/03/2023)
2023-02-03MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 20 , it is hereby ORDERED that (1) the parties shall file a further joint status report on or before February 24, 2023; and (2) the video status conference currently scheduled in this matter for February 21, 2023, at 9:00 a.m., is hereby VACATED and RESCHEDULED for March 15, 2023, at 9:30 a.m., via Zoom. Signed by Judge Randolph D. Moss on 2/3/2023. (lcrdm3) (Entered: 02/03/2023)
2023-02-2421Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Rosen-Shaud, Brian) (Entered: 02/24/2023)
2023-02-27MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 21 , it is hereby ORDERED that (1) the parties shall file a further joint status report on or before March 17, 2023; and (2) the video status conference currently scheduled in this matter for March 15, at 9:30 a.m., is hereby VACATED and RESCHEDULED for April 4, 2023, at 11:00 a.m., via Zoom. Signed by Judge Randolph D. Moss on 2/27/2023. (lcrdm3) (Entered: 02/27/2023)
2023-03-1722Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Rosen-Shaud, Brian) (Entered: 03/17/2023)
2023-04-04Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 4/4/2023 via Zoom. Parties to confer and file a Joint Status Report on or before 4/21/2023. (Court Reporter Jeff Hook) (zglw) (Entered: 04/04/2023)
2023-04-2123Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Rosen-Shaud, Brian) (Entered: 04/21/2023)
2023-04-24MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 23 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 28, 2023, that proposes a briefing schedule for summary judgment motions. Signed by Judge Randolph D. Moss on 4/24/2023. (lcrdm3) (Entered: 04/24/2023)
2023-04-2824Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Rosen-Shaud, Brian) (Entered: 04/28/2023)
2023-04-30MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 24 , it is hereby ORDERED that (1) Plaintiff shall identify up to 40 rows for inclusion in the Vaughn index; (2) Defendants shall file their motion for summary judgment on or before July 28, 2023; (3) Plaintiff shall file its opposition and cross-motion for summary judgment on or before August 18, 2023; (4) Defendants shall file their reply and opposition to Plaintiff's motion on or before September 8, 2023; and (5) Plaintiff shall file its reply on or before September 22, 2023. It is further ORDERED that (1) Defendants shall be relieved of the burden of producing records in May, June, and July 2023; and (2) proceeding with early summary judgment briefing is contingent on Plaintiff's agreement not to raise any additional ground for relief later in the case, except to the extent Defendants change or adopt new parameters for withholding responsive material. Signed by Judge Randolph D. Moss on 4/30/2023. (lcrdm3) (Entered: 04/30/2023)
2023-07-2125Consent MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Rosen-Shaud, Brian) (Entered: 07/21/2023)
2023-07-23MINUTE ORDER: Upon consideration of Defendants' motion for extension of time, Dkt. 25 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that: (1) Defendants shall file their motion for summary judgment on or before August 4, 2023; (2) Plaintiff shall file its opposition and cross-motion for summary judgment on or before August 25, 2023; (3) Defendants shall file their reply and opposition to Plaintiff's motion on or before September 15, 2023; and (4) Plaintiff shall file its reply on or before October 6, 2023. Signed by Judge Randolph D. Moss on 07/23/2023. (lcrdm3) (Entered: 07/23/2023)
2023-07-23Set/Reset Deadlines: Cross Motions due by 8/25/2023. Response to Cross Motions due by 9/15/2023. Reply to Cross Motions due by 10/6/2023. Summary Judgment motions due by 8/4/2023. Response to Motion for Summary Judgment due by 8/25/2023. Reply to Motion for Summary Judgment due by 9/15/2023. (zglw) (Entered: 07/26/2023)
2023-08-0426MOTION for Partial Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Fernando Pineiro, # 3 Exhibit Vaughn Index, # 4 Statement of Facts, # 5 Text of Proposed Order)(Rosen-Shaud, Brian) (Entered: 08/04/2023)
2023-08-1827Consent MOTION for Extension of Time to file Cross-Motion for Summary Judgment by AMERICA FIRST LEGAL FOUNDATION. (Field, Brian) (Entered: 08/18/2023)
2023-08-18MINUTE ORDER: Upon consideration of Plaintiff's consent motion for extension of time, Dkt. 27 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that: (1) Plaintiff's cross-motion and opposition to summary judgment shall be filed on or before September 15, 2023; (2) Defendants' reply and cross-opposition shall be filed on or before October 13, 2023; (3) Plaintiff's reply shall be filed on or before November 1, 2023. Signed by Judge Randolph D. Moss on 08/18/2023. (lcrdm3) (Entered: 08/18/2023)
2023-09-1528Cross MOTION for Summary Judgment by AMERICA FIRST LEGAL FOUNDATION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Field, Brian) (Entered: 09/15/2023)
2023-09-1529Memorandum in opposition to re 26 Motion for Partial Summary Judgment, filed by AMERICA FIRST LEGAL FOUNDATION. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Field, Brian) (Entered: 09/15/2023)
2023-10-0430Consent MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Partial Summary Judgment , 28 Cross MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Rosen-Shaud, Brian) (Entered: 10/04/2023)
2023-10-04MINUTE ORDER: Upon consideration of Defendants' motion for extension of deadlines, Dkt. 30 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that: (1) Defendants shall file their reply and opposition to Plaintiff's motion for summary judgment on or before October 27, 2023; and (2) Plaintiff shall file its reply on or before November 17, 2023. Signed by Judge Randolph D. Moss on 10/04/2023. (lcrdm3) (Entered: 10/04/2023)
2023-10-2731REPLY to opposition to motion re 26 MOTION for Partial Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT. (Rosen-Shaud, Brian) (Entered: 10/27/2023)
2023-10-2732Memorandum in opposition to re 28 Motion for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Statement of Facts Response to Plaintiff's Counter-Statement of Material Facts)(Rosen-Shaud, Brian) (Entered: 10/27/2023)
2023-11-1733REPLY to opposition to motion re 28 Cross MOTION for Summary Judgment filed by AMERICA FIRST LEGAL FOUNDATION. (Field, Brian) (Entered: 11/17/2023)
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