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Case TitlePROJECT SOUTH: THE INSTITUTE FOR THE ELIMINATION OF POVERTY AND GENOCIDE v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv00979
Date Filed2022-04-08
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffPROJECT SOUTH: THE INSTITUTE FOR THE ELIMINATION OF POVERTY AND GENOCIDE
Case DescriptionProject South submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the agency's standards of operation for the Stewart Detention Center, including standards for medical care and COVID-19 protocols. Project South also requested expedited processing. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Project South filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

DefendantU.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-04-081COMPLAINT against U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 402 receipt number ADCDC-9161011) filed by PROJECT SOUTH: THE INSTITUTE FOR THE ELIMINATION OF POVERTY AND GENOCIDE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons ICE, # 3 Summons DHS, # 4 Summons Attorney General, # 5 Summons US Attorney)(Sus, Nikhel) (Entered: 04/08/2022)
2022-04-082LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PROJECT SOUTH: THE INSTITUTE FOR THE ELIMINATION OF POVERTY AND GENOCIDE (Sus, Nikhel) (Entered: 04/08/2022)
2022-04-11Case Assigned to Judge Randolph D. Moss. (zmh) (Entered: 04/11/2022)
2022-04-113SUMMONS (3) Issued Electronically as to U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmh) (Entered: 04/11/2022)
2022-04-114STANDING 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 04/11/2022. (lcrdm3) (Entered: 04/11/2022)
2022-04-135MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Irene R. Lax, Filing fee $ 100, receipt number ADCDC-9169918. Fee Status: Fee Paid. by PROJECT SOUTH: THE INSTITUTE FOR THE ELIMINATION OF POVERTY AND GENOCIDE. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Sus, Nikhel) (Entered: 04/13/2022)
2022-04-13Minute Order: Upon consideration of Plaintiff's motion for leave to appear pro hac vice, Dkt. 5 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Irene R. Lax is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click here for instructions . Signed by Judge Randolph D. Moss on 04/13/2022. (lcrdm3) Modified link on 6/24/2022 (znmw). (Entered: 04/13/2022)
2022-05-176RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/19/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 5/19/2022.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT served on 4/18/2022, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/2/22. (Sus, Nikhel) (Entered: 05/17/2022)
2022-06-227NOTICE of Appearance by Daniel Patrick Schaefer on behalf of U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Schaefer, Daniel) (Entered: 06/22/2022)
2022-06-228Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 06/22/2022)
2022-06-239NOTICE of Appearance by Irene Lax on behalf of PROJECT SOUTH: THE INSTITUTE FOR THE ELIMINATION OF POVERTY AND GENOCIDE (Lax, Irene) (Entered: 06/23/2022)
2022-06-24MINUTE ORDER: Upon consideration of the motion for extension, Dkt. 8 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant shall respond to the complaint on or before July 22, 2022. Signed by Judge Randolph D. Moss on 06/24/2022. (lcrdm3) (Entered: 06/24/2022)
2022-07-2210ANSWER to Complaint by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT.(Schaefer, Daniel) (Entered: 07/22/2022)
2022-07-2511MINUTE ORDER: The parties are hereby ORDERED to appear for an Initial Scheduling Conference on September 7, 2022, at 3:00 p.m., to occur via Zoom. It is further ORDERED that the parties shall submit a report and a proposed scheduling order pursuant to Local Civil Rule 16.3(d) on or before August 31, 2022. Signed by Judge Randolph D. Moss on 07/25/2022. (lcrdm3) Modified on 7/26/2022 to correct time (kt). (Entered: 07/25/2022)
2022-07-26Set/Reset Deadlines: Report and Proposed Briefing Schedule due by 8/31/2022. (kt) (Entered: 07/26/2022)
2022-08-31MINUTE ORDER: Due to a conflict in the Court's schedule, the video scheduling conference set in this matter for September 7, 2022, at 3:00 p.m., is hereby VACATED and RESCHEDULED for October 14, 2022, at 2:30 p.m., via Zoom. Signed by Judge Randolph D. Moss on 08/31/2022. (lcrdm3) (Entered: 08/31/2022)
2022-08-3112MEET AND CONFER STATEMENT. (Lax, Irene) (Entered: 08/31/2022)
2022-09-0713MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Cynthia B. Morgan, Filing fee $ 100, receipt number ADCDC-9495996. Fee Status: Fee Paid. by PROJECT SOUTH: THE INSTITUTE FOR THE ELIMINATION OF POVERTY AND GENOCIDE. (Attachments: # 1 Declaration Morgan Declaration, # 2 Text of Proposed Order)(Sus, Nikhel) (Entered: 09/07/2022)
2022-09-08NOTICE OF ERROR re 13 Motion for Leave to Appear Pro Hac Vice; emailed to nsus@citizensforethics.org, cc'd 8 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following deficiency and file/refile document as instructed , 2. Pro Hac Vice motion must be accompanied by a Certificate of Good Standing issued within the last 30 days (LCvR 83.2(c)(2)). Please file certificate as an Errata (zjm, ) (Entered: 09/08/2022)
2022-09-0814ERRATA Certificates of Good Standing for Cynthia B. Morgan (per Court's 9/8/2022 Notice of Error) by PROJECT SOUTH: THE INSTITUTE FOR THE ELIMINATION OF POVERTY AND GENOCIDE re 13 Motion for Leave to Appear Pro Hac Vice,. (Attachments: # 1 Errata)(Sus, Nikhel) (Entered: 09/08/2022)
2022-09-08MINUTE ORDER: Upon consideration of Plaintiff's motion for Admission Pro Hac Vice, Dkt. 13 , it is hereby ORDERED that the motion is GRANTED. CYNTHIA B. MORGAN is hereby granted leave to appear pro hac vice in this case. 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 Randolph D. Moss on 09/08/2022. ( lcrdm3) (Entered: 09/08/2022)
2022-10-14Minute Entry for proceedings held before Judge Randolph D. Moss: Video (Zoom) Initial Scheduling Conference held on 10/14/2022. Defendant to process 600 pages per month and release records on a rolling basis. Joint Status Report due by 1/13/2023, and every 3 months thereafter on the second Friday of the month. (Court Reporter: Jeff Hook.) (kt) (Entered: 10/14/2022)
2022-10-1615NOTICE OF SUBSTITUTION OF COUNSEL by Anna Davis Walker on behalf of U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT Substituting for attorney Daniel Patrick Schaefer (Walker, Anna) (Entered: 10/16/2022)
2022-10-1716NOTICE of Appearance by Cynthia Morgan on behalf of PROJECT SOUTH: THE INSTITUTE FOR THE ELIMINATION OF POVERTY AND GENOCIDE (Morgan, Cynthia) (Entered: 10/17/2022)
2023-01-1317Joint STATUS REPORT by PROJECT SOUTH: THE INSTITUTE FOR THE ELIMINATION OF POVERTY AND GENOCIDE. (Attachments: # 1 Exhibit Exhibit A)(Lax, Irene) (Entered: 01/13/2023)
2023-01-15MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 17 , it is hereby ORDERED that the parties shall appear for a video status conference on January 26, 2023, at 2:15 p.m., via Zoom. Signed by Judge Randolph D. Moss on 1/15/2023. (lcrdm3) (Entered: 01/15/2023)
2023-01-2318TRANSCRIPT OF VIDEO INITIAL SCHEDULING CONFERENCE before Judge Randolph D. Moss held on October 14, 2022. Page Numbers: 1 - 15. Date of Issuance: January 23, 2023. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 2/13/2023. Redacted Transcript Deadline set for 2/23/2023. Release of Transcript Restriction set for 4/23/2023.(Hook, Jeff) (Entered: 01/23/2023)
2023-01-26Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 1/26/2023 via Zoom. (Court Reporter Jeff Hook) (zglw) (Entered: 01/26/2023)
2023-04-1419Joint STATUS REPORT by PROJECT SOUTH: THE INSTITUTE FOR THE ELIMINATION OF POVERTY AND GENOCIDE. (Lax, Irene) (Entered: 04/14/2023)
2023-04-15MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 19 , it is hereby ORDERED that the parties shall file a further joint status report on or before July 14, 2023, and every 3 months thereafter on the second Friday of the month, to further apprise the Court of their progress in this matter. Signed by Judge Randolph D. Moss on 4/15/2023. (lcrdm3) (Entered: 04/15/2023)
2023-07-1420Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Walker, Anna) (Entered: 07/14/2023)
2023-10-1321Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Walker, Anna) (Entered: 10/13/2023)
2024-01-1222Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Walker, Anna) (Entered: 01/12/2024)
2024-01-16MINUTE ORDER: Upon consideration of the parties' joint status report, it is hereby ORDERED that the parties shall appear for a status conference on February 2, 2024, at 10:30 a.m., in Courtroom 8. Signed by Judge Randolph D. Moss on 1/16/2024. (lcrdm3) (Entered: 01/16/2024)
2024-01-2323MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Barbara J. Hart, Filing fee $ 100, receipt number ADCDC-10639502. Fee Status: Fee Paid. by PROJECT SOUTH: THE INSTITUTE FOR THE ELIMINATION OF POVERTY AND GENOCIDE. (Attachments: # 1 Declaration Hart, # 2 Text of Proposed Order, # 3 Exhibit Certificate of Good Standing)(Sus, Nikhel) (Entered: 01/23/2024)
2024-01-24MINUTE ORDER: Upon consideration of Plaintiff's Motion for Admission Pro Hac Vice, Dkt. 23 , it is hereby ORDERED that the motion is GRANTED. Barbara J. Hart is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a)/LCrR 44.5(a). Click for Instructions . Signed by Judge Randolph D. Moss on 1/24/2024. (lcrdm3) (Entered: 01/24/2024)
2024-01-2424MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kathryne L. Hemmings, Filing fee $ 100, receipt number ADCDC-10641604. Fee Status: Fee Paid. by PROJECT SOUTH: THE INSTITUTE FOR THE ELIMINATION OF POVERTY AND GENOCIDE. (Attachments: # 1 Declaration Hemmings, # 2 Text of Proposed Order, # 3 Exhibit Certificate of Good Standing)(Sus, Nikhel) (Entered: 01/24/2024)
2024-01-24MINUTE ORDER: Upon consideration of Plaintiff's Motion for Admission Pro Hac Vice, Dkt. 24 , it is hereby ORDERED that the motion is GRANTED. Kathryne L. Hemmings is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a)/LCrR 44.5(a). Click for Instructions . Signed by Judge Randolph D. Moss on 1/24/2024. (lcrdm3) (Entered: 01/24/2024)
2024-01-2425ENTERED IN ERROR.....NOTICE OF WITHDRAWAL OF APPEARANCE as to PROJECT SOUTH: THE INSTITUTE FOR THE ELIMINATION OF POVERTY AND GENOCIDE. Attorney Irene Lax terminated. (Hart, Barbara) Modified on 1/26/2024 (zjm). (Entered: 01/24/2024)
2024-01-26NOTICE OF ERROR regarding 25 Notice of Withdrawal of Appearance. The following error(s) need correction: Notice of withdrawal must be signed and filed by the withdrawing attorney and signed by the party/parties represented (LCvR 83.6(b)). (zjm) (Entered: 01/26/2024)
2024-01-2626NOTICE OF WITHDRAWAL OF APPEARANCE as to PROJECT SOUTH: THE INSTITUTE FOR THE ELIMINATION OF POVERTY AND GENOCIDE. Attorney Irene Lax terminated. (Lax, Irene) Modified on 1/29/2024 to correct event (zjm). (Entered: 01/26/2024)
2024-02-0127NOTICE of Appearance by Kathryne L. Hemmings on behalf of PROJECT SOUTH: THE INSTITUTE FOR THE ELIMINATION OF POVERTY AND GENOCIDE (Hemmings, Kathryne) (Entered: 02/01/2024)
2024-02-0128NOTICE of Appearance by Barbara J. Hart on behalf of PROJECT SOUTH: THE INSTITUTE FOR THE ELIMINATION OF POVERTY AND GENOCIDE (Hart, Barbara) (Entered: 02/01/2024)
2024-02-02Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 2/2/2024. Joint Status Report due on or before 2/23/2024. (Court Reporter Tammi Sefranek) (zglw) (Entered: 02/02/2024)
2024-02-2329Joint MOTION for Extension of Time to file Joint Status Report by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Walker, Anna) (Entered: 02/23/2024)
2024-02-24MINUTE ORDER: Upon consideration of the parties' joint motion to extend time, Dkt. 29 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the parties shall file a joint status report on or before March 4, 2024 proposing an approach for dealing with the Vaughn Index issues. Signed by Judge Randolph D. Moss on 2/24/2024. (lcrdm3) (Entered: 02/24/2024)
2024-03-0430Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Walker, Anna) (Entered: 03/04/2024)
2024-03-04MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 30 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 4, 2024. Signed by Judge Randolph D. Moss on 3/4/2024. (lcrdm3) (Entered: 03/04/2024)
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