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Case TitleHERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03184
Date Filed2022-10-18
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffHERITAGE FOUNDATION
PlaintiffMIKE HOWELL
Case DescriptionThe Heritage Foundation submitted a FOIA request to the Department of Homeland Security for records concerning allegations that Customs and Border Protection agents whipped migrants that were to enter the U.S. The Heritage Foundation also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request and granted the Heritage Foundation's request for expedited 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 - Vaughn index, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
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

2022-10-181COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 402 receipt number ADCDC-9607878) filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Civil Cover Sheet, # 2 Related Case Form- Criminal, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Exhibit 1, # 7 Exhibit 2)(Dewey, Samuel) (Entered: 10/18/2022)
2022-10-182NOTICE OF RELATED CASE by HERITAGE FOUNDATION, MIKE HOWELL. Case related to Case No. 22-cv-1770. (Dewey, Samuel) (Entered: 10/18/2022)
2022-10-19Case Assigned to Judge Carl J. Nichols. (zmrl) (Entered: 10/19/2022)
2022-10-193SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmrl) (Entered: 10/19/2022)
2022-10-254STANDING ORDER. Signed by Judge Carl J. Nichols on October 25, 2022. (lccnj2) (Main Document 4 replaced on 10/26/2022) (zcal). (Entered: 10/25/2022)
2022-11-185MOTION for Extension of Time to File Answer re 1 Complaint, with Partial Consent by U.S. DEPARTMENT OF HOMELAND SECURITY. (Venguswamy, Kartik) (Entered: 11/18/2022)
2022-11-216Memorandum in opposition to re 5 Motion for Extension of Time to File Answer filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Declaration of Samuel Everett Dewey, # 2 Exhibit 1 to Dewey Decl., # 3 Exhibit 2 to Dewey Decl., # 4 Exhibit 2 to Dewey Decl.)(Dewey, Samuel) (Entered: 11/21/2022)
2022-11-21MINUTE ORDER. Upon review of Defendant's 5 Motion for Extension of Time, it is ORDERED that the Motion is GRANTED. It is further ORDERED that Defendant shall answer or otherwise respond to Plaintiffs' 1 Complaint on or before December 19, 2022. Defendant is admonished to abide by the requirements of the Court's 4 Standing Order regarding any future requests for extensions of time. Signed by Judge Carl J. Nichols on November 21, 2022. (lccjn2) (Entered: 11/21/2022)
2022-12-227ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY.(Venguswamy, Kartik) (Entered: 12/22/2022)
2023-01-04MINUTE 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 January 31, 2023. The Joint Status Report shall address: (1) the status of Plaintiffs' FOIA request; (2) the anticipated number of documents responsive to Plaintiffs' FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiffs; (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 Plaintiffs' requests and any discussions regarding whether Plaintiffs' request 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 January 4, 2023. (lccjn2) (Entered: 01/04/2023)
2023-02-178Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Venguswamy, Kartik) (Entered: 02/17/2023)
2023-02-22MINUTE ORDER. Upon review of the 8 Joint Status Report, it is ORDERED that the Parties shall file an additional joint status report on or before April 18, 2023, 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 February 22, 2023. (lccjn2) (Entered: 02/22/2023)
2023-04-189Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Venguswamy, Kartik) (Entered: 04/18/2023)
2023-06-2010Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Venguswamy, Kartik) (Entered: 06/20/2023)
2023-08-2111Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Venguswamy, Kartik) (Entered: 08/21/2023)
2023-10-2312Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Venguswamy, Kartik) (Entered: 10/23/2023)
2023-12-2213NOTICE of Appearance by Christina O'Tousa on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY (O'Tousa, Christina) (Entered: 12/22/2023)
2023-12-2214Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (O'Tousa, Christina) (Entered: 12/22/2023)
2024-01-1715NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. DEPARTMENT OF HOMELAND SECURITY. Attorney Christina O'Tousa terminated. (O'Tousa, Christina) (Entered: 01/17/2024)
2024-02-2016Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Venguswamy, Kartik) (Entered: 02/20/2024)
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