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Case TitleHERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01770
Date Filed2022-06-21
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffHERITAGE FOUNDATION
PlaintiffMIKE HOWELL
Case DescriptionThe Heritage Foundation submitted FOIA request to the Department of Homeland Security for records concerning the investigation of allegations of whipping by Customs and Border Protection agents. The agency acknowledged receipt of the requests. The agency told the Heritage Foundation that it found no responsive records. The Heritage Foundation filed an administrative appeal. The agency granted the Heritage Foundation's appeal by remanding the request for further processing. After hearing nothing further from the agency, the Heritage Foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
Documents
Docket
Complaint
Complaint attachment 1
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Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-06-211COMPLAINT against DEPARTMENT OF HOMELAND SECURITY (DHS) ( Filing fee $ 402 receipt number ADCDC-9319584) filed by HERITAGE FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Related Case Form, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Exhibit 1, # 7 Exhibit 2, # 8 Exhibit 3, # 9 Exhibit 3-1, # 10 Exhibit 3-2, # 11 Exhibit 4, # 12 Exhibit 5, # 13 Exhibit 6, # 14 Exhibit 7, # 15 Exhibit 8)(Dewey, Samuel) (Entered: 06/21/2022)
2022-06-22NOTICE OF ERROR re 1 Complaint; emailed to samueledewey@sedchambers.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Blank or missing coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 2. Missing Related Case form. Please submit using the event Notice of Related Case., 3. Form filed as fillable PDF. Please file form in a non-fillable PDF format., 4. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsb, ) (Entered: 06/22/2022)
2022-06-222CIVIL COVER SHEET by MIKE HOWELL, HERITAGE FOUNDATION re 1 Complaint, filed by MIKE HOWELL, HERITAGE FOUNDATION. Related document: 1 Complaint, filed by HERITAGE FOUNDATION.(Dewey, Samuel) (Entered: 06/22/2022)
2022-06-223NOTICE OF RELATED CASE by HERITAGE FOUNDATION, MIKE HOWELL. Case related to Case No. 01724. (Dewey, Samuel) (Entered: 06/22/2022)
2022-06-22Case Assigned to Judge Carl J. Nichols. (zsb) (Entered: 06/22/2022)
2022-06-224SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 06/22/2022)
2022-06-285RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/27/2022. Answer due for ALL FEDERAL DEFENDANTS by 7/27/2022. (Dewey, Samuel) (Entered: 06/28/2022)
2022-06-286RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General June 27, 2022. (Dewey, Samuel) (Entered: 06/28/2022)
2022-06-287RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 6/27/2022 (Dewey, Samuel) (Entered: 06/28/2022)
2022-07-20Filing fee received: $ 402.00, receipt number: 202626. (zed) (Entered: 07/22/2022)
2022-07-218ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/18/2022. Answer due for ALL FEDERAL DEFENDANTS by 8/17/2022. (Dewey, Samuel) Modified on 7/22/2022 (zjm). (Entered: 07/21/2022)
2022-07-22NOTICE OF ERROR regarding 8 Summons Returned Executed in FOIA as to U.S. Attorney,. Entered in error at the request of counsel due to incorrect case. Counsel will refile in correct case. (zjm) (Entered: 07/22/2022)
2022-07-279ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY.(Tepe, Sean) (Entered: 07/27/2022)
2022-08-0310STANDING ORDER. Signed by Judge Carl J. Nichols on August 3, 2022. (lccjn2) (Entered: 08/03/2022)
2022-08-03MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. Pursuant 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 August 19, 2022. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's 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 Plaintiff's request[s] and any discussions regarding whether Plaintiff's 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 3, 2022. (lccjn2) (Entered: 08/03/2022)
2022-08-03Set/Reset Deadlines: Joint Status Report due by 8/19/2022. (zcal) (Entered: 08/04/2022)
2022-08-1911Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Tepe, Sean) (Entered: 08/19/2022)
2022-09-29MINUTE ORDER. Upon consideration of the 11 Joint Status Report, it is ORDERED that the Parties shall file an additional joint status report on or before October 18, 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 September 29, 2022. (lccjn2) (Entered: 09/29/2022)
2022-09-29Set/Reset Deadlines: Joint Status Report due by 10/18/2022. (zcal) (Entered: 10/05/2022)
2022-10-1812Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Tepe, Sean) (Entered: 10/18/2022)
2022-10-2813NOTICE of Appearance by Roman Jankowski on behalf of HERITAGE FOUNDATION(Jankowski, Roman) Modified docket event/text on 10/28/2022 (zed). (Entered: 10/28/2022)
2022-12-1914Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Tepe, Sean) (Entered: 12/19/2022)
2023-02-1715Joint STATUS REPORT by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 02/17/2023)
2023-04-1416Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Tepe, Sean) (Entered: 04/14/2023)
2023-06-1417Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Tepe, Sean) (Entered: 06/14/2023)
2023-08-1118Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Tepe, Sean) (Entered: 08/11/2023)
2023-10-1019Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Tepe, Sean) (Entered: 10/10/2023)
2023-12-0420NOTICE OF SUBSTITUTION OF COUNSEL by Tabitha Bartholomew on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Sean Tepe (Bartholomew, Tabitha) (Entered: 12/04/2023)
2023-12-1121Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Bartholomew, Tabitha) (Entered: 12/11/2023)
2024-02-1222Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Bartholomew, Tabitha) (Entered: 02/12/2024)
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by FOIA Project Staff
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