Case Detail

FOIA Project Annotation: Judge Reggie Walton has ruled that the Department of Homeland Security has so far failed to show that it conducted an adequate search for records pertaining to survey of illegal immigrants conducted by the Border Patrol in January 2004. After Judicial Watch filed suit in June 2004, the agency searched a handful of offices it believed most likely to have responsive documents, which yielded 965 pages. It subsequently agreed to conduct a much broader search, which located an additional 125 pages. Criticizing the agency for its failure to address some of Judicial Watch's claims, Walton indicated that "nonetheless, based upon its independent review of the record in this case, the Court finds that the [agency's] declaration adequately describes the searches of some offices, but that other descriptions are insufficient to meet its burden at the summary judgment stage." He pointed out that the search descriptions of several offices failed to provide information about who conducted the search, how it was conducted, or what search terms were used. He explained that "under the law of this Circuit, the omission of such information from the agency declaration precludes the entry of summary judgment in the DHS's favor." While he found the search descriptions of other offices were adequate, he indicated that "the inadequacy of the search descriptions for other components. . .precludes the entry of summary judgment in favor of the DHS." Walton rejected Judicial Watch's claims that the absence of records concerning the decision to conduct the survey and to end it cast doubt on the adequacy of the search. Walton noted that "the DHS has. . .submitted a declaration explaining that the records Judicial Watch seeks either never existed or could not be located through a reasonable search. Because this declaration is 'accorded a presumption of good faith, which cannot be rebutted by "purely speculative claims about the existence and discoverability of other documents,"' Judicial Watch's position on this point must be rejected." However, Walton found that the agency had failed to explain why it had not searched for records from San Diego County that were clearly encompassed by Judicial Watch's request. He observed that "the DHS's admitted failure to appreciate the scope of Judicial Watch's clearly defined request casts doubt on the adequacy of its search. This failure is particularly perplexing considering that the DHS did release 'border statistics' for a time period well outside the scope of Judicial Watch's FOIA request while overlooking statistics that were actually responsive to the request. In addition, the DHS's statement is essentially an admission that the agency possessed responsive records that would have been uncovered through a reasonable search, but that it nonetheless failed to provide to Judicial Watch." Walton ordered the agency to conduct an additional search and provide a supplemental affidavit describing the search. He added that "the DHS must also produce forthwith to Judicial Watch any records within its possession that it has already identified as responsive to the foregoing FOIA request."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2004-06-03	1	COMPLAINT against UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Filing fee $ 150.) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(jf, ) (Entered: 06/08/2004)
2004-06-03		SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 06/08/2004)
2004-06-03	2	LCvR 7.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests for Judicial Watch, Inc. (jf, ) (Entered: 06/08/2004)
2004-06-29	3	ATTORNEY APPEARANCE. (Smith, Peter) (Entered: 06/29/2004)
2004-06-29	4	Consent MOTION for Extension of Time to File Answer by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Smith, Peter) (Entered: 06/29/2004)
2004-08-09	5	ANSWER to Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Smith, Peter) (Entered: 08/09/2004)
2004-10-14		MINUTE ORDER granting 4 Motion for Extension of Time to Answer as moot. Signed by Judge Reggie B. Walton on October 14, 2004. (lcrbw3, ) (Entered: 10/14/2004)
2004-12-21	6	STATUS REPORT by JUDICIAL WATCH, INC., UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Affidavit)(Smith, Peter) (Entered: 12/21/2004)
2005-07-08	7	STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Smith, Peter) (Entered: 07/08/2005)
2005-09-06	8	STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Smith, Peter) (Entered: 09/06/2005)
2005-10-13	9	STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Smith, Peter) (Entered: 10/13/2005)
2005-10-18		MINUTE ORDER. The plaintiff's initial summary judgment or other dispositive motion is due on November 1, 2005; defendant's opposition/cross motion for summary judgment is due on December 1, 2005; the plainitff's opposition and reply is due on December 15, 2005; and defendant's reply is due on December 30, 2005. Signed by Judge Reggie B. Walton on October 18, 2005. (lcrbw3, ) (Entered: 10/18/2005)
2005-11-01	10	MOTION for Summary Judgment (Partial) with Statement of Facts in Support of Motion by JUDICIAL WATCH, INC.. (Attachments: # 1 Affidavit of Christopher J. Farrell# 2 Text of Proposed Order)(Orfanedes, Paul) (Entered: 11/01/2005)
2005-11-23	11	MOTION for Extension of Time to File Response/Reply as to 10 MOTION for Summary Judgment (Partial) with Statement of Facts in Support of Motion by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Smith, Peter) (Entered: 11/23/2005)
2005-11-30		MINUTE ORDER granting 11 Defendant's Motion for Enlargement of Time to File Opposition to Plaintiff's Motion for Partial Summary Judgment. The opposition is due on December 22, 2005. Signed by Judge Reggie B. Walton on November 30, 2005. (lcrbw3, ) (Entered: 11/30/2005)
2005-12-22	12	MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Partial Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Statement of Facts # 4 Text of Proposed Order)(Smith, Peter) (Entered: 12/22/2005)
2005-12-22	13	Memorandum in opposition to re 10 filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Smith, Peter) (Entered: 12/22/2005)
2006-01-04	14	Consent MOTION for Extension of Time to File Response/Reply reply to opposition to motion for partial summary judgment, opposition to cross-motion for summary judgment, and reply to opposition to cross-motion for summary judgment by JUDICIAL WATCH, INC.. (Orfanedes, Paul) (Entered: 01/04/2006)
2006-01-04		MINUTE ORDER granting 14 Plaintiff's Unopposed Motion to Modify Briefing Schedule. The plaintiff's reply and opposition shall be filed by January 16, 2006. The defendant's reply, if any, shall be filed by January 31, 2006. Signed by Judge Reggie B. Walton on January 4, 2006. (lcrbw3, ) (Entered: 01/04/2006)
2006-01-13	15	NOTICE of Appearance by Meredith Leigh DiLiberto on behalf of JUDICIAL WATCH, INC. (DiLiberto, Meredith) (Entered: 01/13/2006)
2006-01-13	16	Memorandum in opposition to re 12 /Reply in Support of Plaintiff's Partial Summary Judgment Motion filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4 - Affidavit of Christopher J. Farrell (with exhibits)# 5 Text of Proposed Order)(DiLiberto, Meredith) (Entered: 01/13/2006)
2006-01-13	17	REPLY to opposition to motion re 10 MOTION for Summary Judgment (Partial) filed by JUDICIAL WATCH, INC. (Please see Document No. 16 for scanned images). (nmw, ) (Entered: 01/17/2006)
2006-01-30	18	Consent MOTION for Extension of Time to File Response/Reply as to 16 Memorandum in Opposition, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Smith, Peter) (Entered: 01/30/2006)
2006-01-30		MINUTE ORDER granting 18 Defendant's Consent Motion for Extension of Time to File Reply. The defendant shall file its reply to the plaintiff's opposition to the defendant's cross-motion for summary judgment by Feburary 7, 2006. Signed by Judge Reggie B. Walton on January 30, 2006. (lcrbw3, ) (Entered: 01/30/2006)
2006-02-07	19	MOTION to Stay by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Smith, Peter) (Entered: 02/07/2006)
2006-02-08	20	Memorandum in opposition to re 19 /Motion to Stay filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 02/08/2006)
2006-02-09	21	ORDER granting 19 Motion to Stay. Signed by Judge Reggie B. Walton on February 9, 2006. (lcrbw3, ) (Entered: 02/09/2006)
2006-03-31	22	STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Smith, Peter) (Entered: 03/31/2006)
2006-04-19	23	STATUS REPORT , objection to by JUDICIAL WATCH, INC.. (Orfanedes, Paul) (Entered: 04/19/2006)
2006-04-19	24	RESPONSE (objection) to 23 status report filed by JUDICIAL WATCH, INC.. (td, ) (Entered: 04/20/2006)
2006-04-19		NOTICE OF CORRECTED DOCKET ENTRY: re 23 Status Report was entered in error and refiled using correct event 24 .(td, ) (Entered: 04/20/2006)
2006-05-10	25	MOTION for Extension of Time to File Briefing Schedule by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Smith, Peter) (Entered: 05/10/2006)
2006-05-11	26	Memorandum in opposition to re 25 MOTION for Extension of Time to File Briefing Schedule filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Di Liberto, Meredith) (Entered: 05/11/2006)
2006-05-12	27	REPLY to opposition to motion re 25 MOTION for Extension of Time to File Briefing Schedule filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Smith, Peter) (Entered: 05/12/2006)
2006-05-22		MINUTE ORDER granting 25 Motion for Extension of Time. The defendant shall submit any supplemental records to the plaintiff by May 24, 2006. The defendant shall file its search declarations and Vaughn index with the Court by May 24, 2006. The parties shall submit a proposed briefing schedule by June 7, 2006. The Court will not grant the defendant any further extensions of time. Signed by Judge Reggie B. Walton on May 22, 2006. (lcrbw3, ) (Entered: 05/22/2006)
2006-05-24	28	NOTICE of Filing Search Declarations and Supplemental Vaughn Index by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Affidavit Declaration of Shari Suzuki with Exhibits# 2 Affidavit Declaration of John H. Block# 3 Affidavit Declaration of Daniel Hiebert# 4 Affidavit Declaration of Cynthia Atwood)(Smith, Peter) (Entered: 05/24/2006)
2006-06-07	29	NOTICE of Filing Joint Proposed Briefing Schedule by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Smith, Peter) (Entered: 06/07/2006)
2006-06-12		MINUTE SCHEDULING ORDER. In accordance with the joint proposed briefing schedule filed on June 7, 2006, the following deadlines are hereby entered in this case. The plaintiff shall inform the defendant whether it intends to contest the defendant's new search, and shall file a motion for summary judgment or partial summary judgment thereto, by June 21, 2006. The defendant shall file its opposition to the plaintiff's motion, and its cross-motion for summary judgment, by August 21, 2006. The plaintiff shall file its opposition to the defendant's cross-motion and its reply in support of its motion by September 5, 2006. The defendant shall file its reply in support of its cross-motion by September 15, 2006. Signed by Judge Reggie B. Walton on June 12, 2006. (lcrbw3, ) (Entered: 06/12/2006)
2006-06-21	30	Unopposed MOTION to Amend/Correct a Date in the Court's June 12, 2006 Order by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Di Liberto, Meredith) (Entered: 06/21/2006)
2006-06-21		MINUTE ORDER granting 30 Consent Motion to Amend/Correct. The plaintiff shall file its motion for summary judgment by July 21, 2006. Signed by Judge Reggie B. Walton on June 21, 2006. (lcrbw3, ) (Entered: 06/21/2006)
2006-07-21	31	MOTION for Partial Summary Judgment by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Text of Proposed Order)(Di Liberto, Meredith) (Entered: 07/21/2006)
2006-08-21	32	Cross MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit Second Atwood Declaration# 2 Statement of Facts # 3 Text of Proposed Order)(Smith, Peter) (Entered: 08/21/2006)
2006-08-21	33	Memorandum in opposition to re 31 MOTION for Partial Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Smith, Peter) (Entered: 08/21/2006)
2006-09-05	34	Memorandum in opposition to re 32 Cross MOTION for Summary Judgment and Reply in Support of Plaintiff's Motion for Partial Summary Judgment 31 filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Di Liberto, Meredith) (Entered: 09/05/2006)
2006-09-05	35	REPLY to opposition to motion re 31 MOTION for Partial Summary Judgment filed by JUDICIAL WATCH, INC.. (See document no. 34 for image. (td, ) (Entered: 09/06/2006)
2006-09-15	36	REPLY to opposition to motion re 32 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 )(Smith, Peter) (Entered: 09/15/2006)
2007-08-10	37	ORDER denying without prejudice 31 Motion for Partial Summary Judgment; denying without prejudice 32 Motion for Summary Judgment. The parties shall submit, by August 24, 2007, a joint proposed briefing schedule for the filing of dispositive motions addressing the adequacy of the totality of the defendant's efforts, taken together, to respond to the plaintiff's FOIA request. Signed by Judge Reggie B. Walton on August 10, 2007. (lcrbw3, ) (Entered: 08/10/2007)
2007-08-13		Set/Reset Deadlines: Joint proposed briefing schedule for filing dispositive motions due by 8/24/2007. (mpt, ) (Entered: 08/13/2007)
2007-08-23	38	NOTICE of Filing Joint Proposed Briefing Schedule by JUDICIAL WATCH, INC., UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Di Liberto, Meredith) (Entered: 08/23/2007)
2007-08-24		MINUTE ORDER. In accordance with the joint proposed briefing schedule submitted by the parties, the Court hereby imposes the following deadlines: The defendant shall file its motion for summary judgment by October 9, 2007. The plaintiff shall file its cross-motion for summary judgment and opposition to the defendant's motion for summary judgment by November 5, 2007. The defendant shall file its opposition to the plaintiff's cross-motion and its reply, if any, to the plaintiff's opposition by November 27, 2007. The plaintiff's reply, if any, to the defendant's opposition to its cross-motion shall be filed by December 7, 2007. Signed by Judge Reggie B. Walton on August 24, 2007. (lcrbw3, ) (Entered: 08/24/2007)
2007-08-24		Set Deadlines/Hearings: defendant shall file its motion for summary judgment by October 9, 2007. The plaintiff shall file its cross-motion for summary judgment and opposition to the defendant's motion for summary judgment by November 5, 2007. The defendant shall file its opposition to the plaintiff's cross-motion and its reply, if any, to the plaintiff's opposition by November 27, 2007. The plaintiff's reply, if any, to the defendant's opposition to its cross-motion shall be filed by December 7, 2007(jwd ) (Entered: 08/25/2007)
2007-10-02	39	NOTICE of Appearance by Benton Gregory Peterson on behalf of UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Peterson, Benton) (Entered: 10/02/2007)
2007-10-03	40	Consent MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Peterson, Benton) (Entered: 10/03/2007)
2007-10-04		MINUTE ORDER granting 40 Motion for Extension of Time to File. It is ORDERED that the Defendant's Consent Motion for an Enlargement of Time is GRANTED. It is further ORDERED that the defendant shall file its renewed motion for summary judgment no later than October 30, 2007. It is further ORDERED that the plaintiff shall file its opposition to the defendant's renewed motion as well as any cross-motion for summary judgment no later than November 20, 2007. It is further ORDERED that the defendant shall file its reply memorandum in support of its renewed motion no later than December 7, 2007. It is further ORDERED that the plaintiff shall file its reply memorandum in support of its cross-motion for summary judgment, if any is filed, no later than December 21, 2007. Signed by Judge Reggie B. Walton on 10/04/07. (lcrbw3, ) (Entered: 10/04/2007)
2007-10-04		Set/Reset Deadlines: Renewed Summary Judgment motions due by 10/30/2007.,Opposition to renewed Motion for Summary Judgment as well as cross-motion for summary judgement due by 11/20/2007.,Reply memorandum in support of renewed Motion for Summary Judgment due by 12/7/2007; Reply in support of cross motion for summary judgement; (mpt, ) (Entered: 10/04/2007)
2007-10-30	41	MOTION for Summary Judgment (Renewed) by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Affidavit First Atwood Declaration# 2 Affidavit Second Atwood Declaration# 3 Affidavit Third Atwood Declaration# 4 Affidavit Kittle Declaration# 5 Affidavit Block Declaration# 6 Affidavit Hiebert Declaration# 7 Affidavit Meadors Declaration# 8 Affidavit Ortiz Declaration# 9 Affidavit First Suzuki Declaration# 10 Affidavit Second Suzuki Declaration)(Peterson, Benton) (Entered: 10/30/2007)
2007-11-01	42	NOTICE of Filing by UNITED STATES DEPARTMENT OF HOMELAND SECURITY re 41 MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) (Attachments: # 1 Exhibit Exhibit 1 (June 15 Letter))(Peterson, Benton) (Entered: 11/01/2007)
2007-11-14	43	ERRATA by UNITED STATES DEPARTMENT OF HOMELAND SECURITY 41 MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 attachment# 2 attachment# 3 attachment)(Peterson, Benton) (Entered: 11/14/2007)
2007-11-20	44	Cross MOTION for Summary Judgment (Partial) (With Statement of Material Facts) by JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit Di Liberto Affidavit# 2 Exhibit First Farrell Affidavit# 3 Exhibit Second Farrell Affidavit# 4 Text of Proposed Order)(Di Liberto, Meredith) (Entered: 11/20/2007)
2007-11-20	45	Memorandum in opposition to re 41 MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit Di LIberto Affidavit# 2 Exhibit First Farrell Affidavit# 3 Exhibit Second Farrell Affidavit)(Di Liberto, Meredith) (Entered: 11/20/2007)
2007-11-26	46	NOTICE of Appearance by Jason B. Aldrich on behalf of JUDICIAL WATCH, INC. (Aldrich, Jason) (Entered: 11/26/2007)
2007-11-30		MINUTE ORDER re 44 Cross MOTION for Summary Judgment (Partial) (With Statement of Material Facts) Cross MOTION for Summary Judgment (Partial) (With Statement of Material Facts) filed by JUDICIAL WATCH, INC., 45 Memorandum in Opposition, filed by JUDICIAL WATCH, INC., 41 MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. To assist the Court in its resolution of the voluminous filings submitted by the parties, it is ORDERED that the parties shall provide courtesy copies to the Court of all dispositive motions filed in this case and all documents relating thereto, including memoranda of law and exhibits, within seven (7) days of the entry of this order. It is further ORDERED that the parties shall provide courtesy copies to the Court of any future memoranda or exhibits concerning any dispositive motions filed in this case within three (3) days of the filing of any such documents. Signed by Judge Reggie B. Walton on 11/30/07. (lcrbw3, ) (Entered: 11/30/2007)
2007-12-04	47	Consent MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 12/04/2007)
2007-12-07		MINUTE ORDER granting 47 Motion for Extension of Time to File Response/Reply. Based upon the consent of the plaintiff as represented to the Court by the defendant, it is ORDERED that the Defendant's Consent Motion for Enlargement of Time to File Response to Plaintiff's Opposition to Defendant's Cross-Motion for Summary Judgment and Defendant's Opposition to Plaintiff's Cross[-]Motion for Summary Judgment is GRANTED. It is further ORDERED that the defendant shall file its reply memorandum in support of its motion for summary judgment and its opposition to the plaintiff's cross-motion for summary judgment on or before December 14, 2007. It is further ORDERED that the plaintiff shall file its reply memorandum in support of its cross-motion for summary judgment on or before January 11, 2008.. Signed by Reggie B. Walton on 12/07/07. (lcrbw3, ) (Entered: 12/07/2007)
2007-12-07		Set/Reset Deadlines: reply memorandum in support of motion for summary judgement and its opposition to cross motion due by 12/14/07; reply memorandum in support of cross motion for summary judgement due by 1/11/08.(mpt, ) (Entered: 12/07/2007)
2007-12-14	48	Unopposed MOTION for Leave to File by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Attached Statement of Material Facts)(Peterson, Benton) (Entered: 12/14/2007)
2007-12-14	49	Memorandum in opposition to re 44 Cross MOTION for Summary Judgment (Partial) (With Statement of Material Facts) Cross MOTION for Summary Judgment (Partial) (With Statement of Material Facts) , 41 MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) and Reply to Plaintiff's Opposition to Defendant's Renewed Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Statement of Facts # 2 Declaration Johnny Meadors with Attachments)(Peterson, Benton) (Entered: 12/14/2007)
2007-12-17		MINUTE ORDER granting 48 Motion for Leave to File. Based upon the consent of the plaintiff as represented to the Court by the defendant, it is ORDERED that the Defendant's Unopposed Motion for Leave to File Its Statement of Material Facts As to Which There Is No Genuine Issue in Support of Its Renewed Motion for Summary Judgment is GRANTED. Signed by Judge Reggie B. Walton on 12/17/07. (lcrbw3, ) (Entered: 12/17/2007)
2007-12-17	50	MEMORANDUM Statement of material facts as to which there is no genuine issue in support of its renewed motion for summary judgment re 41 MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (td, ) (Entered: 12/18/2007)
2008-01-11	51	REPLY to opposition to motion re 44 Cross MOTION for Summary Judgment (Partial) (With Statement of Material Facts) Cross MOTION for Summary Judgment (Partial) (With Statement of Material Facts) filed by JUDICIAL WATCH, INC.. (Aldrich, Jason) (Entered: 01/11/2008)
2009-07-08	52	NOTICE of Change of Address by Jason B. Aldrich (Aldrich, Jason) (Entered: 07/08/2009)
2009-07-08	53	NOTICE of Change of Address by Paul J. Orfanedes (Orfanedes, Paul) (Entered: 07/08/2009)
2009-07-08	54	NOTICE of Change of Address by Meredith Leigh Di Liberto (Di Liberto, Meredith) (Entered: 07/08/2009)
2010-06-03	55	NOTICE of Change of Address by Paul J. Orfanedes (Orfanedes, Paul) (Entered: 06/03/2010)
2010-06-04	56	NOTICE of Change of Address by Jason B. Aldrich (Aldrich, Jason) (Entered: 06/04/2010)
2012-02-16	57	ORDER. The parties shall file a joint status report on or before February 24, 2012, advising the Court as to (1) whether a live controversy still exists in this action, and (2) whether there is a need for supplemental briefing in light of the long period of time that has passed since the parties filed their respective cross-motions. Signed by Judge Reggie B. Walton on 2-16-12 (lcrbw3). (Entered: 02/16/2012)
2012-02-16		Set/Reset Deadlines: Joint Status Report due by 2/24/2012 (mpt) (Entered: 02/16/2012)
2012-02-24	58	STATUS REPORT (Joint) by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Peterson, Benton) (Entered: 02/24/2012)
2012-04-30	59	ORDER denying 41 Motion for Summary Judgment; granting in part and denying in part 44 Motion for Summary Judgment. In accordance with the memorandum opinion issued this same date, it is ORDERED that the DHS's renewed motion for summary judgment is DENIED WITHOUT PREJUDICE. It is further ORDERED that Judicial Watch's renewed cross-motion for partial summary is GRANTED IN PART and DENIED IN PART WITHOUT PREJUDICE. It is further ORDERED that the DHS shall conduct a new search for documents responsive to Judicial Watch's request for "[a]ny and all records that refer and/or relate to the number of illegal immigrants apprehended in San Diego county from January 7, 2004 to the present [i.e., February 27, 2004]," and provide a supplemental declaration describing that search on or before May 30, 2012. It is further ORDERED that the DHS must produce to Judicial Watch forthwith any records within its possession that it has already identified as responsive to the foregoing FOIA request. It is further ORDERED that the DHS shall submit a supplemental declaration on or before May 30, 2012, describing in sufficient detail the searches of each component office within Customs that was included in the DHS's second search for responsive records, taking into account the deficiencies identified in the Court's memorandum opinion. It is further ORDERED that the parties shall file a joint proposed briefing schedule for renewed summary judgment motions on or before June 15, 2012. Signed by Judge Reggie B. Walton on 4-30-12 (lcrbw3, ). (Entered: 04/30/2012)
2012-04-30	60	MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on 4-30-12. (lcrbw3, ) (Entered: 04/30/2012)
2012-05-01		Set/Reset Deadlines: Joint Briefing Schedule for Renewed Summary Judgment Motions due by 6/15/2012. (mpt) (Entered: 05/01/2012)
2012-05-30	61	NOTICE of Filing of Declarations by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Declaration Suzuki, # 2 Declaration Visconti)(Peterson, Benton) (Entered: 05/30/2012)
2012-06-15	62	NOTICE of Filing Joint Proposed Briefing Schedule by JUDICIAL WATCH, INC., UNITED STATES DEPARTMENT OF HOMELAND SECURITY re 59 Order on Motion for Summary Judgment,,,,,,,,,,,,, (Aldrich, Jason) (Entered: 06/15/2012)
2012-06-18		MINUTE ORDER. In accordance with the Parties Joint Proposed Briefing Schedule 62 , it is ORDERED that this case shall proceed as follows: (1) the defendant shall file its renewed motion for summary judgment on or before July 30, 2012; (2) the plaintiff shall file its opposition to the defendant's motion and its cross-motion for summary judgment on or before August 30, 2012; (3) the defendant shall file its reply in support of its motion and opposition to the plaintiff's motion on or before October 3, 2012; and (4) the plaintiff shall file its reply to the defendant's opposition on or before October 22, 2012. Signed by Judge Reggie B. Walton on 6-18-12. (lcrbw3) (Entered: 06/18/2012)
2012-06-20		Set/Reset Deadlines: Renewed Motion for Summary Judgment due by 7/30/12; Opposition and Cross Motion due by 8/30/12; Reply and Opposition to Cross Motion due by 10/3/12; Reply in Opposition to Cross Motion due by 10/22/12(mpt) (Entered: 06/20/2012)
2012-07-30	63	MOTION for Summary Judgment (Renewed) by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Statement of Facts, # 2 Declaration Suzuki, # 3 Declaration Visconti, # 4 Exhibit #1, # 5 Exhibit #2, # 6 Text of Proposed Order)(Peterson, Benton) (Entered: 07/30/2012)
2012-08-30	64	RESPONSE re 63 MOTION for Summary Judgment (Renewed) filed by JUDICIAL WATCH, INC.. (Aldrich, Jason) (Entered: 08/30/2012)
2012-08-31		MINUTE ORDER granting 63 Motion for Summary Judgment. In light of the plaintiff's response to the defendant's renewed motion for summary judgment 64 , wherein the plaintiff states that it does not oppose the defendant's renewed motion for summary judgment, it is ORDERED that the defendant's motion is GRANTED. It is further ORDERED that this case is CLOSED. Signed by Judge Reggie B. Walton on 8-31-12 (lcrbw3). (Entered: 08/31/2012)
2012-09-14	65	MOTION for Attorney Fees and Litigation Expenses by JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Text of Proposed Order)(Aldrich, Jason) (Entered: 09/14/2012)
2012-09-26	66	Unopposed MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 09/26/2012)
2012-09-28		MINUTE ORDER granting 66 Motion for Extension of Time to File Response/Reply. For good cause shown, it is ORDERED that the Defendant's Unopposed Motion for Extension of Time is GRANTED. It is further ORDERED that the defendant shall file its response to the plaintiff's motion for attorney's fees on or before October 30, 2012. It is further ORDERED that the plaintiff shall file its reply on or before November 9, 2012. Signed by Judge Reggie B. Walton on 9-28-12. (lcrbw3) (Entered: 09/28/2012)
2012-10-02		Set/Reset Deadlines: Response to Motion for Attorney Fees due by 10/30/2012; Reply due by 11/9/2012. (mpt) (Entered: 10/02/2012)
2012-10-26	67	Unopposed MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 10/26/2012)
2012-10-31		MINUTE ORDER granting 67 Motion for Extension of Time to File Response/Reply. For good cause shown, it is ORDERED that the Defendant's Unopposed Motion for Extension of Time is GRANTED. It is further ORDERED that the defendant shall respond to the plaintiff's motion for attorney's fees and costs on or before November 8, 2012. Signed by Judge Reggie B. Walton on 10-31-12. (lcrbw3) (Entered: 10/31/2012)
2012-10-31		Set/Reset Deadlines: Response due by 11/8/2012 (mpt, ) (Entered: 10/31/2012)
2012-11-07	68	Consent MOTION to Stay by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 11/07/2012)
2012-11-08		MINUTE ORDER denying 65 Motion for Attorney Fees; granting 68 Motion to Stay. For good cause shown, it is ORDERED that the defendant's Consent Motion for Stay is GRANTED. It is further ORDERED that this case is STAYED and ADMINISTRATIVELY CLOSED pending further Order of the Court. It is further ORDERED that all other pending motions are DENIED WITHOUT PREJUDICE, and will be reinstated once the stay is lifted. It is further ORDERED that the parties shall file a status report on or before December 7, 2012, and every 45 days thereafter, advising the Court of the status of their negotiations and whether the stay should be lifted. Signed by Judge Reggie B. Walton on 11-8-12. (lcrbw3) (Entered: 11/08/2012)
2012-11-08		Set/Reset Deadlines: Status Report due by 12/7/2012 (mpt, ) (Entered: 11/08/2012)
2012-12-07	69	STATUS REPORT Joint Status Report by JUDICIAL WATCH, INC., UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Aldrich, Jason) (Entered: 12/07/2012)
2012-12-14	70	Joint MOTION to Dismiss Pursuant to FRCP Rule 41(a)(2) by JUDICIAL WATCH, INC., UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Exhibit 1 (Stipulation of Settlement and Dismissal), # 2 Text of Proposed Order)(Aldrich, Jason) (Entered: 12/14/2012)
2012-12-14		MINUTE ORDER granting 70 Motion to Dismiss. For good cause shown, it is ORDERED that the parties' Joint Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 41(a)(2) is GRANTED. It is further ORDERED that this case is DISMISSED WITH PREJUDICE. It is further ORDERED that the Court shall retain jurisdiction in this matter for the sole purpose of enforcing the provisions of the Stipulation of Settlement and Dismissal attached as Exhibit 1 to the parties' joint motion. Signed by Judge Reggie B. Walton on 12-14-12. (lcrbw3) (Entered: 12/14/2012)
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