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Case TitleBIRKENFELD v. DEPARTMENT OF HOMELAND SECURITY OFFICE OF THE INSPECTOR GENERAL
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv00658
Date Filed2022-03-09
Date Closed2022-08-08
JudgeJudge Colleen Kollar-Kotelly
PlaintiffBRADLEY C. BIRKENFELD
Case DescriptionBradley Birkenfeld submitted a FOIA request to the Department of Homeland Security for records concerning the transcript for his testimony before the Senate Committee on Permanent Investigations. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Birkenfeld filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDEPARTMENT OF HOMELAND SECURITY OFFICE OF THE INSPECTOR GENERAL
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

2022-03-091COMPLAINT For Declaratory and Injunctive Relief against DEPARTMENT OF HOMELAND SECURITY OFFICE OF THE INSPECTOR GENERAL ( Filing fee $ 402 receipt number ADCDC-9094102) filed by BRADLEY C. BIRKENFELD. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Civil Cover Sheet, # 7 Summons)(MacDougall, Mark) (Entered: 03/09/2022)
2022-03-11Case Assigned to Judge Colleen Kollar-Kotelly. (zmh) (Entered: 03/11/2022)
2022-03-112SUMMONS (3) Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY OFFICE OF THE INSPECTOR GENERAL, District of Columbia Attorney General, and the District of Columbia Mayor. (Attachment: # 1 Notice and Consent)(zmh) (Entered: 03/11/2022)
2022-03-153ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 03/15/2022. (DM) (Entered: 03/15/2022)
2022-04-134NOTICE of Appearance by Thomas Anthony Quinn on behalf of DEPARTMENT OF HOMELAND SECURITY OFFICE OF THE INSPECTOR GENERAL (Quinn, Thomas) (Entered: 04/13/2022)
2022-04-145MOTION for Extension of Time to File Response/Reply by DEPARTMENT OF HOMELAND SECURITY OFFICE OF THE INSPECTOR GENERAL. (Attachments: # 1 Text of Proposed Order)(Quinn, Thomas) (Entered: 04/14/2022)
2022-04-18MINUTE ORDER: Before the Court is Defendant's 5 Motion for Extension of Time to File Response to Complaint. Defendant seeks an extension of time, to May 20, 2022, to respond to Plaintiff's complaint. Counsel for Defendant states that he attempted to secure Plaintiff's consent but has been unable to reach counsel for Plaintiff. It is unclear what deadline presently applies as Plaintiff has yet to file any affidavit of service and no party has represented that Defendant has accepted service by a method other than one delineated in the Federal Rules of Civil Procedure. Accordingly, Plaintiff shall file a notice, on or before April 21, 2022, indicating his position on the 5 Motion and why no affidavit of service has been filed. Signed by Judge Colleen Kollar-Kotelly on April 18, 2022. (lcckk1) (Entered: 04/18/2022)
2022-04-196RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/16/2022. Answer due for ALL FEDERAL DEFENDANTS by 4/15/2022. (MacDougall, Mark) (Entered: 04/19/2022)
2022-04-197RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/16/2022. (MacDougall, Mark) (Entered: 04/19/2022)
2022-04-198RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY OFFICE OF THE INSPECTOR GENERAL served on 3/16/2022 (MacDougall, Mark) (Entered: 04/19/2022)
2022-04-209NOTICE Responding to April 18, 2022 Minute Order by BRADLEY C. BIRKENFELD re Order,,, (MacDougall, Mark) (Entered: 04/20/2022)
2022-04-2010NOTICE of Appearance by Samantha J. Block on behalf of BRADLEY C. BIRKENFELD (Block, Samantha) (Entered: 04/20/2022)
2022-04-20MINUTE ORDER: The Court is in receipt of Plaintiff's 9 Notice Responding to April 18, 2022 Minute Order and associated affidavits of service. The affidavits of service reflect a deadline of April 15, 2022 to answer. Plaintiff has indicated that he consents to Defendant's April 14, 2022 5 Motion for Extension of Time to File Response to Complaint, from April 15, 2022 to May 20, 2022. In light of Plaintiff's consent, and upon good cause shown, Defendant's 5 Motion is GRANTED . Defendant shall answer or otherwise respond to Plaintiff's complaint on or before May 20, 2022. Additionally, the Court reminds the parties that, per the Court's 3 Order, all requests for extension of time must be filed at least four business days prior to the affected deadline. Signed by Judge Colleen Kollar-Kotelly on April 20, 2022. (lcckk1) (Entered: 04/20/2022)
2022-04-20Set/Reset Deadlines: Defendant shall answer or otherwise respond to Plaintiff's complaint on or before 5/20/2022. (dot) (Entered: 04/21/2022)
2022-05-2011ANSWER to Complaint by DEPARTMENT OF HOMELAND SECURITY OFFICE OF THE INSPECTOR GENERAL.(Quinn, Thomas) (Entered: 05/20/2022)
2022-05-2312ORDER. Joint status report due on or before July 5, 2022. Signed by Judge Colleen Kollar-Kotelly on May 23, 2022. (lcckk1) (Entered: 05/23/2022)
2022-05-23Set/Reset Deadlines: Joint Meet & Confer Statement due by 7/5/2022. (dot) (Entered: 05/24/2022)
2022-07-0513Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY OFFICE OF THE INSPECTOR GENERAL. (Quinn, Thomas) (Entered: 07/05/2022)
2022-07-12MINUTE ORDER: The Court is in receipt of the parties' 13 Joint Status Report. As proposed therein, the parties shall file another joint status report on or before August 5, 2022 updating the Court on the status of productions and, if necessary, every ninety days thereafter. Signed by Judge Colleen Kollar-Kotelly on July 12, 2022. (lcckk1) (Entered: 07/12/2022)
2022-07-12Set/Reset Deadlines: Joint Status Report due by 8/5/2022 updating the Court on the status of productions and, if necessary, every ninety days thereafter. (dot) (Entered: 07/12/2022)
2022-08-0514STIPULATION of Dismissal by DEPARTMENT OF HOMELAND SECURITY OFFICE OF THE INSPECTOR GENERAL. (Quinn, Thomas) (Entered: 08/05/2022)
2022-08-0815ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge Colleen Kollar-Kotelly on August 8, 2022. (lcckk1) (Entered: 08/08/2022)
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by FOIA Project Staff
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