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Case TitleHERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03186
Date Filed2022-10-19
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 the whipping incident involving border patrol agents near the Rio Grande River. The Heritage Foundation also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request. The agency granted the Heritage Foundation's request for expedited processing. However, after hearing nothing further from the agency, the Heritage Foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Adequacy - Search, Litigation - Attorney's fees, Public Interest Fee Waiver

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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-10-191COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 402 receipt number ADCDC-9607926) filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Civil Cover Sheet, # 5 Exhibit 1, # 6 Exhibit 2)(Dewey, Samuel) (Entered: 10/19/2022)
2022-10-192NOTICE OF RELATED CASE by HERITAGE FOUNDATION, MIKE HOWELL. Case related to Case No. 22-cv-1770. (Dewey, Samuel) (Entered: 10/19/2022)
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. (lccjn2) (Entered: 10/25/2022)
2022-11-185NOTICE of Appearance by Derek S. Hammond on behalf of All Defendants (Hammond, Derek) (Entered: 11/18/2022)
2022-11-186ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY.(Hammond, Derek) (Entered: 11/18/2022)
2022-11-21MINUTE 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 December 21, 2022. 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 November 21, 2022. (lccjn2) (Entered: 11/21/2022)
2022-11-21Set/Reset Deadlines: Joint Status Report due by 12/21/2022. (zcal) (Entered: 11/21/2022)
2022-12-217Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Hammond, Derek) (Entered: 12/21/2022)
2023-01-04MINUTE ORDER. Upon review of the 7 Joint Status Report, it is ORDERED that the Parties shall file an additional joint status report on or before January 17, 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 January 4, 2023. (lccjn2) (Entered: 01/04/2023)
2023-01-178Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Hammond, Derek) (Entered: 01/17/2023)
2023-02-289NOTICE OF SUBSTITUTION OF COUNSEL by Fithawi Berhane on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Derek Hammond (Berhane, Fithawi) (Entered: 02/28/2023)
2023-03-2010Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Berhane, Fithawi) (Entered: 03/20/2023)
2023-05-1911Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 05/19/2023)
2023-05-31MINUTE ORDER. Upon review of the 11 Joint Status Report, it is ORDERED that the Parties shall abide by the following briefing schedule: Defendant shall file its motion for summary judgment on or before July 7, 2023; Plaintiffs shall file their cross-motion for summary judgment and/or opposition to Defendant's motion for summary judgment on or before August 7, 2023; Defendant shall submit its reply in support of its motion for summary judgment and/or its opposition brief to Plaintiffs' cross-motion for summary judgment on or before September 6, 2023; and Plaintiffs shall file their reply on or before October 6, 2023. Signed by Judge Carl J. Nichols on May 31, 2023. (lccjn2) (Entered: 05/31/2023)
2023-06-0812NOTICE of Appearance by Eric Neal Cornett on behalf of All Plaintiffs (Cornett, Eric) (Main Document 12 replaced on 6/12/2023) (zed). (Entered: 06/08/2023)
2023-07-0713MOTION for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Vaughn Index, # 5 Text of Proposed Order)(Berhane, Fithawi) (Entered: 07/07/2023)
2023-08-0314MOTION for Extension of Time to File Response/Reply by HERITAGE FOUNDATION, MIKE HOWELL. (Cornett, Eric) (Entered: 08/03/2023)
2023-08-04MINUTE ORDER. Upon review of Plaintiffs' 14 Motion for Extension of Time, it is ORDERED that the Motion is GRANTED. Plaintiffs shall file their cross-motion for summary judgment on or before August 21, 2023; Defendant shall file its reply and opposition to the cross-motion for summary judgment on or before September 20, 2023; and Plaintiffs shall file a reply on or before October 20, 2023. Signed by Judge Carl J. Nichols on August 4, 2023. (lccjn2) (Entered: 08/04/2023)
2023-08-2115Memorandum in opposition to re 13 Motion for Summary Judgment filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Declaration Declaration of Samuel Everett Dewey, # 2 Exhibit Exhibit to Dewey Declaration, # 3 Exhibit Exhibit to Dewey Declaration, # 4 Statement of Facts Statement of Facts and Response)(Cornett, Eric) (Entered: 08/21/2023)
2023-08-2116Cross MOTION for Summary Judgment by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Declaration Declaration of Samuel Everett Dewey, # 2 Exhibit Exhibit 1 to Declaration, # 3 Exhibit Exhibit 2 Declaration, # 4 Statement of Facts Statement of Facts)(Cornett, Eric) (Entered: 08/21/2023)
2023-09-2017Memorandum in opposition to re 16 Motion for Summary Judgment, filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Text of Proposed Order)(Berhane, Fithawi) (Entered: 09/20/2023)
2023-09-2018REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Text of Proposed Order)(Berhane, Fithawi) (Entered: 09/20/2023)
2023-10-2019REPLY to opposition to motion re 16 Cross MOTION for Summary Judgment filed by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 10/20/2023)
2023-10-2020DECLARATION by HERITAGE FOUNDATION, MIKE HOWELL re 16 Cross MOTION for Summary Judgment . (Attachments: # 1 Exhibit 1)(Dewey, Samuel) (Entered: 10/20/2023)
2023-10-2421LARGE ADDITIONAL ATTACHMENT(S) Ex. 2 part 1 by HERITAGE FOUNDATION, MIKE HOWELL 20 Declaration filed by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 10/24/2023)
2023-10-2422LARGE ADDITIONAL ATTACHMENT(S) Ex. 2 part 2 by HERITAGE FOUNDATION, MIKE HOWELL 20 Declaration filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Supplement, # 2 Supplement, # 3 Supplement, # 4 Supplement, # 5 Supplement, # 6 Supplement)(Dewey, Samuel) (Entered: 10/24/2023)
2023-10-2423LARGE ADDITIONAL ATTACHMENT(S) Ex. 3 by HERITAGE FOUNDATION, MIKE HOWELL 20 Declaration filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Supplement, # 2 Supplement, # 3 Supplement, # 4 Supplement, # 5 Supplement)(Dewey, Samuel) (Entered: 10/24/2023)
2024-02-05MINUTE ORDER. The parties are ORDERED to appear for a hearing on the 13 Motion for Summary Judgment and 14 Cross-Motion for Summary Judgment on February 22, 2024 at 1 PM in Courtroom 17. So ORDERED by Judge Carl J. Nichols on February 5, 2024. (lccjn2) (Entered: 02/05/2024)
2024-02-22Minute Entry for proceedings held before Judge Carl J. Nichols: Status Conference held on 2/22/2024. Case called for Motion Hearing, but was not held. Defendant's Answers to the Court's Questions due by 3/1/2024. Court Reporter: Lorraine Herman. (zcam) (Entered: 02/22/2024)
2024-02-2524TRANSCRIPT OF PROCEEDINGS before Judge Carl J. Nichols, held on February 22, 2024. Page Numbers: 1-25. Date of Issuance: February 25, 2024. Court Reporter: Lorraine Herman. Email: Lorraine_Herman@dcd.uscourts.gov. 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 3/17/2024. Redacted Transcript Deadline set for 3/27/2024. Release of Transcript Restriction set for 5/25/2024.(Herman, Lorraine) (Entered: 02/25/2024)
2024-03-0125STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Berhane, Fithawi) (Entered: 03/01/2024)
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