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Case TitleAMERICAN OVERSIGHT v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv03030
Date Filed2021-11-16
Date Closed2023-09-06
JudgeJudge Trevor N. McFadden
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted seven FOIA requests to the Department of Homeland Security for records concerning the treatment of individuals who died or became ill while in the custody of U.S. Immigration and Customs Enforcement. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY
DefendantU.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [34]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-11-161COMPLAINT against U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 402 receipt number ADCDC-8868880) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney's Office, # 3 Summons U.S. Attorney General, # 4 Summons U.S. Department of Homeland Security, # 5 Summons U.S. Immigration and Customs Enforcement)(Stoneman, Taylor) (Entered: 11/16/2021)
2021-11-162LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Stoneman, Taylor) (Entered: 11/16/2021)
2021-11-16Case Assigned to Judge Trevor N. McFadden. (adh, ) (Entered: 11/16/2021)
2021-11-163SUMMONS (4) Issued Electronically as to U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 11/16/2021)
2021-11-174STANDING 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 11/17/2021. (lctnm1) (Entered: 11/17/2021)
2021-12-025RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/29/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 12/29/2021.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT served on 11/24/2021; UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 11/24/2021, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/26/2021. (Stoneman, Taylor) (Entered: 12/02/2021)
2021-12-146NOTICE of Appearance by Douglas C. Dreier on behalf of All Defendants (Dreier, Douglas) (Entered: 12/14/2021)
2021-12-147Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 12/14/2021)
2021-12-15MINUTE ORDER granting the 7 Unopposed Motion for Extension of Time. Defendants are ORDERED to respond to the Plaintiff's complaint on or before January 19, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/15/2021. (lctnm1) (Entered: 12/15/2021)
2021-12-17Set/Reset Deadlines: Defendants' response due by 1/19/2022. (hmc) (Entered: 12/17/2021)
2022-01-198ANSWER to Complaint by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Dreier, Douglas) (Entered: 01/19/2022)
2022-01-199Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Dreier, Douglas) (Entered: 01/19/2022)
2022-01-21MINUTE ORDER: Upon consideration of the 9 Joint Status Report, the parties are directed to file another status report on or before March 18, 2022. If necessary, the parties shall propose a briefing schedule on that date. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/21/2022. (lctnm1) (Entered: 01/21/2022)
2022-01-21Set/Reset Deadlines: Joint Status Report due by 3/18/2022. (hmc) (Entered: 01/21/2022)
2022-03-1810Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Dreier, Douglas) (Entered: 03/18/2022)
2022-03-22MINUTE ORDER: Upon consideration of the 10 Joint Status Report, the parties are hereby ORDERED to file another status report on or before May 18, 2022. If the parties reach a settlement before that date, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/22/2022. (lctnm1) (Entered: 03/22/2022)
2022-03-23Set/Reset Deadlines: Joint Status Report due by 5/18/2022. (hmc) (Entered: 03/23/2022)
2022-05-1811Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Dreier, Douglas) (Entered: 05/18/2022)
2022-05-18MINUTE ORDER: Upon consideration of the 11 Joint Status Report, the parties are ORDERED to file another status report on July 1, 2022, or 21 days after Defendants complete their production, whichever is sooner. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/18/2022. (lctnm1) (Entered: 05/18/2022)
2022-05-18Set/Reset Deadlines: Joint Status Report due by 7/1/2022. (zhmc) (Entered: 05/18/2022)
2022-07-0112Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Dreier, Douglas) (Entered: 07/01/2022)
2022-07-05MINUTE ORDER: Upon consideration of the 12 Joint Status Report, the parties are directed to file another status report on or before August 26, 2022 proposing a schedule for further proceedings. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/5/2022. (lctnm1) (Entered: 07/05/2022)
2022-07-06Set/Reset Deadlines: Joint Status Report due by 8/26/2022. (hmc) (Entered: 07/06/2022)
2022-08-2613Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Dreier, Douglas) (Entered: 08/26/2022)
2022-08-31MINUTE ORDER: Upon consideration of the 13 Joint Status Report, the parties are hereby ORDERED to file another status report on or before September 23, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/31/2022. (lctnm1) (Entered: 08/31/2022)
2022-08-31Set/Reset Deadlines: Joint Status Report due by 9/23/2022. (hmc) (Entered: 08/31/2022)
2022-09-2314Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Dreier, Douglas) (Entered: 09/23/2022)
2022-09-23MINUTE ORDER: Upon consideration of the 14 Joint Status Report, the parties are hereby ORDERED to file another status report on or before November 4, 2022, or 14 days after the Government completes production, whichever is sooner. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/23/2022. (lctnm1) (Entered: 09/23/2022)
2022-09-26Set/Reset Deadlines: Joint Status Report due by 11/4/2022. (hmc) (Entered: 09/26/2022)
2022-11-0415Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Dreier, Douglas) (Entered: 11/04/2022)
2022-11-04MINUTE ORDER: The parties shall submit another Joint Status Report by December 9, 2022, or 14 days after the Government completes production, whichever is sooner. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/4/2022. (lctnm1) (Entered: 11/04/2022)
2022-11-04Set/Reset Deadlines: Joint Status Report due by 12/9/2022. (hmc) (Entered: 11/04/2022)
2022-12-0916Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Dreier, Douglas) (Entered: 12/09/2022)
2022-12-09MINUTE ORDER: The parties shall submit another Joint Status Report by January 13, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/9/2022. (lctnm1) (Entered: 12/09/2022)
2022-12-12Set/Reset Deadlines: Joint Status Report due by 1/13/2023. (hmc) (Entered: 12/12/2022)
2023-01-1317Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Dreier, Douglas) (Entered: 01/13/2023)
2023-01-13MINUTE ORDER: The parties shall submit another Joint Status Report by January 27, 2023. That Joint Status Report shall include the parties' proposed briefing schedule. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/13/2023. (lctnm1) (Entered: 01/13/2023)
2023-01-17Set/Reset Deadlines: Joint Status Report due by 1/27/2023. (hmc) (Entered: 01/17/2023)
2023-01-2618NOTICE OF SUBSTITUTION OF COUNSEL by Fithawi Berhane on behalf of U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Douglas C. Dreier (Berhane, Fithawi) (Entered: 01/26/2023)
2023-01-2719Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order Plaintiff's, # 2 Text of Proposed Order Defendants')(Stoneman, Taylor) (Entered: 01/27/2023)
2023-01-27MINUTE ORDER: Defendants' motion for summary judgment is due by March 3, 2023. Plaintiff's combined opposition and cross motion is due by April 7, 2023. Defendants' reply and opposition is due by April 28, 2023. And Plaintiff's reply is due by May 19, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/27/2023. (lctnm1) (Entered: 01/27/2023)
2023-01-30Set/Reset Deadlines: Defendants' motion for summary judgment is due by March 3, 2023. Plaintiff's combined opposition and cross motion is due by April 7, 2023. Defendants' reply and opposition is due by April 28, 2023. And Plaintiff's reply is due by May 19, 2023. (hmc) (Entered: 01/30/2023)
2023-03-0320WITHDRAWN PURSUANT TO NOTICE FILED ON 3/24/2023.....MOTION for Leave to File SECOND DECLARATION AND VAUGHN INDEX EX PARTE AND UNDER SEAL by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) Modified on 3/27/2023 (zed). (Entered: 03/03/2023)
2023-03-0321MOTION for Summary Judgment by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Fernando Pineiro, # 4 Exhibit 1 to Declaration of Fernando Pineiro, # 5 Exhibit 2 to Declaration of Fernando Pineiro, # 6 Text of Proposed Order)(Berhane, Fithawi) (Entered: 03/03/2023)
2023-03-1722Memorandum in opposition to re 20 Motion for Leave to File SECOND DECLARATION AND VAUGHN INDEX EX PARTE AND UNDER SEAL filed by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(Stoneman, Taylor) (Entered: 03/17/2023)
2023-03-2423NOTICE OF WITHDRAWAL OF MOTION by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY re 20 MOTION for Leave to File (Berhane, Fithawi) Modified to add link on 3/29/2023 (znmw). (Entered: 03/24/2023)
2023-04-0724Memorandum in opposition to re 21 Motion for Summary Judgment, filed by AMERICAN OVERSIGHT. (Attachments: # 1 Statement of Facts, # 2 Declaration of Taylor Stoneman, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Text of Proposed Order)(Stoneman, Taylor) (Entered: 04/07/2023)
2023-04-0725Cross MOTION for Summary Judgment by AMERICAN OVERSIGHT. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Taylor Stoneman, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Text of Proposed Order)(Stoneman, Taylor) (Entered: 04/07/2023)
2023-04-2426Consent MOTION for Extension of Time to File Response/Reply by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 04/24/2023)
2023-04-25MINUTE ORDER: The Government's 26 Consent Motion for Extension of Time is granted. The Government shall file its Reply and Opposition by May 5, 2023. And Plaintiff shall file its Reply by May 26, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/25/2023. (lctnm1) (Entered: 04/25/2023)
2023-04-26Set/Reset Deadlines: Government's reply and opposition due by May 5, 2023. Plaintiff's Reply due by May 26, 2023. (hmc) (Entered: 04/26/2023)
2023-05-0527REPLY to opposition to motion re 25 Cross MOTION for Summary Judgment filed by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Response to Plaintiffs Additional Statement of Material Facts, # 2 Supplemental Declaration of Fernando Pineiro, # 3 Exhibit 1 of Supplemental Declaration of Fernando Pineiro (Supplemental Vaughn))(Berhane, Fithawi) (Entered: 05/05/2023)
2023-05-0528Memorandum in opposition to re 25 Motion for Summary Judgment, filed by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Response to Plaintiff's Additional Statement of Material Facts, # 2 Supplemental Declaration of Fernando Pineiro, # 3 Exhibit 1 of Supplemental Declaration of Fernando Pineiro (Supplemental Vaughn), # 4 Text of Proposed Order)(Berhane, Fithawi) (Entered: 05/05/2023)
2023-05-2529REPLY to opposition to motion re 25 Cross MOTION for Summary Judgment filed by AMERICAN OVERSIGHT. (Attachments: # 1 Declaration of Taylor Stoneman (Supplemental), # 2 Exhibit H, # 3 Exhibit I, # 4 Exhibit J)(Stoneman, Taylor) (Entered: 05/25/2023)
2023-06-1630MOTION for Leave to File Sur-Reply by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Proposed Sur-reply)(Berhane, Fithawi) (Entered: 06/16/2023)
2023-06-16MINUTE ORDER: If Plaintiff wishes to file an opposition to the Government's 30 Motion for Leave to File Sur-Reply, it must do so by June 23, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/16/2023. (lctnm1) (Entered: 06/16/2023)
2023-06-1631ERRATA by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY re 30 Motion for Leave to File. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 06/16/2023)
2023-06-20Set/Reset Deadlines: Plaintiff's opposition due by 6/23/2023. (hmc) (Entered: 06/20/2023)
2023-06-2332Memorandum in opposition to re 30 Motion for Leave to File Sur-Reply filed by AMERICAN OVERSIGHT. (Attachments: # 1 Declaration of Taylor Stoneman, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Text of Proposed Order)(Stoneman, Taylor) (Entered: 06/23/2023)
2023-06-3033REPLY to opposition to motion re 30 MOTION for Leave to File Sur-Reply filed by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Berhane, Fithawi) (Entered: 06/30/2023)
2023-09-0534MEMORANDUM OPINION re the Defendants' 21 and Plaintiff's 24 and 25 Motions for Summary Judgment. See attached Opinion for details. Signed by Judge Trevor N. McFadden on 9/5/2023. (lctnm1) (Entered: 09/05/2023)
2023-09-0535ORDER. For the reasons stated in the 34 Memorandum Opinion, Plaintiff's 24 and 25 Cross-Motion for Summary Judgment is GRANTED, and Defendants' 21 Motion for Summary Judgment is DENIED. Defendants' 30 Motion for Leave to File Sur-Reply is GRANTED. See attached Order for details. The Clerk of Court shall close this case. Signed by Judge Trevor N. McFadden on 9/5/2023. (lctnm1) (Entered: 09/05/2023)
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