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Case TitleAMERICAN IMMIGRATION COUNCIL v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv01050
Date Filed2016-06-06
Date Closed2019-12-22
JudgeJudge Richard J. Leon
PlaintiffAMERICAN IMMIGRATION COUNCIL
Case DescriptionThe American Immigration Council submitted a FOIA request to the Department of Homeland Security for records concerning complaints filed against Customs and Border Protection agents since 2012. After hearing nothing from the agency, the American Immigration Council filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search, Failure to respond within statutory time limit, Public Interest Fee Waiver

DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY Office of General Counsel
DefendantUNITED STATES CUSTOMS AND BORDER PROTECTION Office of the Chief Counsel
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
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

2016-06-061COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4555644) filed by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Civil Cover Sheet, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons)(Coleman, Brian) (Entered: 06/06/2016)
2016-06-062LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN IMMIGRATION COUNCIL (Coleman, Brian) (Entered: 06/06/2016)
2016-06-06Case Assigned to Judge Richard J. Leon. (md) (Entered: 06/07/2016)
2016-06-073SUMMONS Issued Electronically as to UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 06/07/2016)
2016-06-244NOTICE of Appearance by Tammy Allison Holloway on behalf of All Defendants (Holloway, Tammy) (Entered: 06/24/2016)
2016-06-305Unopposed MOTION for Extension of Time to by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Holloway, Tammy) (Entered: 06/30/2016)
2016-07-01MINUTE ORDER granting 5 Defendants' Unopposed Motion for Enlargement of Time. It is hereby ORDERED that the motion is GRANTED. It is further ORDERED that defendants have up to and including August 14, 2016 to answer or otherwise respond to plaintiff's complaint. Signed by Judge Richard J. Leon on 07/01/2016. (lcrjl1, ) (Entered: 07/01/2016)
2016-07-06Set/Reset Deadlines: Answer due by 8/14/2016. (tb) (Entered: 07/06/2016)
2016-08-096Defendants' ANSWER to Complaint by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Holloway, Tammy) (Entered: 08/09/2016)
2016-08-157STANDING ORDER. Signed by Judge Richard J. Leon on 08/15/16. (lcrjl1, ) (Entered: 08/15/2016)
2016-09-288MEET AND CONFER STATEMENT. (Holloway, Tammy) (Entered: 09/28/2016)
2016-11-099Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Holloway, Tammy) (Entered: 11/09/2016)
2016-12-0910Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Holloway, Tammy) (Entered: 12/09/2016)
2017-01-0911Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Holloway, Tammy) (Entered: 01/09/2017)
2017-01-1912NOTICE of Change of Address by Gerald S. Hartman (Hartman, Gerald) (Entered: 01/19/2017)
2017-02-0913Joint STATUS REPORT. (Starnes, Thomas) Modified event title on 2/10/2017 (znmw). (Entered: 02/09/2017)
2017-06-1914NOTICE OF SUBSTITUTION OF COUNSEL by Johnny Hillary Walker, III on behalf of All Defendants Substituting for attorney Tammy Holloway (Walker, Johnny) (Entered: 06/19/2017)
2017-07-0715Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Starnes, Thomas) (Entered: 07/07/2017)
2017-07-10MINUTE ORDER: Upon consideration of the parties' Joint Status Report 15 , it is hereby ORDERED that the parties shall file a joint status report on or before 08/07/17. Signed by Judge Richard J. Leon on 07/10/17. (lcrjl1) (Entered: 07/10/2017)
2017-08-0716Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Walker, Johnny) (Entered: 08/07/2017)
2017-08-09MINUTE ORDER. Upon consideration of the parties' Joint Status Report 16 , it is hereby ORDERED that the parties shall file a joint status report on or before September 6, 2017. Signed by Judge Richard J. Leon on 08/09/2017. (lcrjl1) (Entered: 08/09/2017)
2017-09-0617Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Walker, Johnny) (Entered: 09/06/2017)
2017-09-08MINUTE ORDER. Upon consideration of the parties' Joint Status Report 17 , it is hereby ORDERED that the parties shall file a joint status report on or before October 6, 2017. Signed by Judge Richard J. Leon on 09/08/2017. (lcrjl1) (Entered: 09/08/2017)
2017-10-0618Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Walker, Johnny) (Entered: 10/06/2017)
2017-10-12MINUTE ORDER. Upon consideration of the parties' Joint Status Report 18 , it is hereby ORDERED that the parties shall file a joint status report on or before November 6, 2017. Signed by Judge Richard J. Leon on 10/12/2017. (lcrjl1) (Entered: 10/12/2017)
2017-11-0619Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Walker, Johnny) (Entered: 11/06/2017)
2017-11-08MINUTE ORDER. Upon consideration of the parties' Joint Status Report 19 , it is hereby ORDERED that the parties shall file a joint status report on or before December 6, 2017. Signed by Judge Richard J. Leon on 11/8/2017. (lcrjl1) (Entered: 11/08/2017)
2017-12-0620Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Walker, Johnny) (Entered: 12/06/2017)
2017-12-19MINUTE ORDER. Upon consideration of the parties' Joint Status Report 20 , it is hereby ORDERED that the parties shall file a joint status report on or before February 5, 2018. SO ORDERED. Signed by Judge Richard J. Leon on 12/19/2017. (lcrjl1) (Entered: 12/19/2017)
2018-02-0521Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Starnes, Thomas) (Entered: 02/05/2018)
2018-02-12MINUTE ORDER. Upon consideration of the parties' Joint Status Report 21 , it is hereby ORDERED that the parties shall file a joint status report on or before March 7, 2018. SO ORDERED. Signed by Judge Richard J. Leon on 2/12/2018. (lcrjl1) (Entered: 02/12/2018)
2018-02-12Set/Reset Deadlines: Joint Status Report due by 3/7/2018. (tb) (Entered: 02/12/2018)
2018-03-0722Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Starnes, Thomas) (Entered: 03/07/2018)
2018-03-12MINUTE ORDER. Upon consideration of the parties' Joint Status Report 22 , it is hereby ORDERED that the parties shall file a joint status report on or before April 6, 2018. SO ORDERED. Signed by Judge Richard J. Leon on 3/12/2018. (lcrjl1) (Entered: 03/12/2018)
2018-03-12Set/Reset Deadlines: Joint Status Report due by 4/6/2018. (jth) (Entered: 03/12/2018)
2018-04-0623Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Starnes, Thomas) (Entered: 04/06/2018)
2018-04-13MINUTE ORDER. Upon consideration of the parties' Joint Status Report 23 , it is hereby ORDERED that the parties shall file a joint status report on or before May 7, 2018. SO ORDERED. Signed by Judge Richard J. Leon on 4/13/2018. (lcrjl1) (Entered: 04/13/2018)
2018-05-0724Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Starnes, Thomas) (Entered: 05/07/2018)
2018-05-16MINUTE ORDER. Upon consideration of the parties' Joint Status Report 24 , it is hereby ORDERED that the parties shall file a joint status report on or before June 7, 2018. SO ORDERED. Signed by Judge Richard J. Leon on 5/16/2018. (lcrjl1) (Entered: 05/16/2018)
2018-06-0725Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Starnes, Thomas) (Entered: 06/07/2018)
2018-06-19MINUTE ORDER. Upon consideration of the parties' Joint Status Report 25 , it is hereby ORDERED that the parties shall file a joint status report on or before July 9, 2018. SO ORDERED. Signed by Judge Richard J. Leon on 6/19/2018. (lcrjl1) (Entered: 06/19/2018)
2018-07-0926Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 07/09/2018)
2018-07-11MINUTE ORDER. Upon consideration of the parties' Joint Status Report 26 , it is hereby ORDERED that the parties shall file a joint status report on or before August 8, 2018. It is further ORDERED that the status report due August 8, 2018 shall either inform the Court that the parties have reached an agreement on the issue of fees and costs or propose a schedule for briefing the issue of fees and costs. SO ORDERED. Signed by Judge Richard J. Leon on 7/11/2018. (lcrjl1) (Entered: 07/11/2018)
2018-08-0827Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Text of Proposed Order)(Starnes, Thomas) (Entered: 08/08/2018)
2018-08-20ENTERED IN ERROR.....Minute Order. Upon consideration of the parties' 27 Joint Status Report, it is hereby ORDERED that plaintiff shall file its motion for an award of fees and costs no later than 9/14/2018; defendants shall file any opposition to plaintiff's motion no later than 10/15/2018; and plaintiff shall file any reply no later than 10/30/2018. It is further ORDERED that between 10/31/2018 and 11/30/2018, the parties shall seek to resolve the issues raised in plaintiff's motion for fees and costs by mediation, using the services of a mediator selected by the parties. It is further ORDERED that the parties shall file a joint status report no later than 12/3/2018 informing the Court whether all outstanding issues regarding fees and costs have been resolved by agreement. SO ORDERED. Signed by Judge Richard J. Leon on 08/20/18. (lcrjl1) Modified on 8/23/2018 (jth). (Entered: 08/20/2018)
2018-08-23NOTICE OF CORRECTED DOCKET ENTRY: The Court's Minute Order issued 8/20/2018 was entered in error and will be refiled by the Court. (jth) (Entered: 08/23/2018)
2018-08-23MINUTE ORDER. Upon consideration of the parties' 27 Joint Status Report, it is hereby ORDERED that plaintiff shall file its motion for an award of fees and costs no later than 9/14/2018; defendants shall file any opposition to plaintiff's motion no later than 10/15/2018; and plaintiff shall file any reply no later than 10/30/2018. It is further ORDERED that between 10/31/2018 and 11/30/2018, the parties shall seek to resolve the issues raised in plaintiff's motion for fees and costs by mediation, using the services of a mediator selected by the parties. It is further ORDERED that the parties shall file a joint status report no later than 12/3/2018 informing the Court whether all outstanding issues regarding fees and costs have been resolved by agreement. SO ORDERED. Signed by Judge Richard J. Leon on 08/23/18. (lcrjl1) (Entered: 08/23/2018)
2018-09-1428MOTION for Attorney Fees and Costs by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit)(Starnes, Thomas) (Entered: 09/14/2018)
2018-10-1229Consent MOTION for Extension of Time to File Response/Reply as to 28 MOTION for Attorney Fees and Costs by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 10/12/2018)
2018-10-18MINUTE ORDER granting 29 Consent Motion for Extension of Time to Respond to Plaintiff's Motion for Attorneys' Fees. It is hereby ORDERED that the motion is GRANTED. It is further ORDERED that defendants shall file their opposition to plaintiff's motion for attorneys' fees no later than 11/14/2018 and that plaintiff shall file its reply no later than 12/6/2018. It is further ORDERED that the parties shall file a joint status report no later than 1/9/2019. SO ORDERED. Signed by Judge Richard J. Leon on 10/18/18. (lcrjl1) (Entered: 10/18/2018)
2018-10-19Set/Reset Deadlines: Response due by 11/14/2018. Reply due by 12/6/2019. Joint Status Report due by 1/9/2019 (tb) (Entered: 10/19/2018)
2018-11-1430Consent MOTION for Extension of Time to File Response/Reply as to 28 MOTION for Attorney Fees and Costs by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 11/14/2018)
2018-11-19MINUTE ORDER granting 30 Defendants' Consent Motion for an Extension of Time to Respond to Plaintiff's Motion for Attorneys' Fees. It is hereby ORDERED that the motion is GRANTED. It is further ORDERED that defendants shall file their opposition to plaintiff's motion for attorneys' fees no later than 11/19/18; plaintiff shall file its reply in support of the motion for attorneys' fees no later than 12/11/18; and the parties shall file a joint status report no later than 1/14/19. SO ORDERED. Signed by Judge Richard J. Leon on 11/19/18. (lcrjl1) (Entered: 11/19/2018)
2018-11-1931Memorandum in opposition to re 28 MOTION for Attorney Fees and Costs filed by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Declaration of Patrick Howard (with attachments))(Walker, Johnny) (Entered: 11/19/2018)
2018-11-20Set/Reset Deadlines: Response due by 11/19/2018. Reply due by 12/11/2018. Joint Status Report due by 1/14/2019. (tb) (Entered: 11/20/2018)
2018-12-0732Consent MOTION for Extension of Time to File Response/Reply by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Text of Proposed Order)(Starnes, Thomas) (Entered: 12/07/2018)
2018-12-2033Consent MOTION for Extension of Time to File Response/Reply by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Text of Proposed Order)(Starnes, Thomas) (Entered: 12/20/2018)
2019-01-0434REPLY to opposition to motion re 28 MOTION for Attorney Fees and Costs filed by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Affidavit of Thomas E. Starnes, # 2 Affidavit of Gerald S. Hartman)(Starnes, Thomas) (Entered: 01/04/2019)
2019-01-2935STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Starnes, Thomas) (Entered: 01/29/2019)
2019-02-01MINUTE ORDER. It is hereby ORDERED that plaintiff's 32 Consent Motion for an Extension of Time, and 33 Consent Motion for a Further Extension of Time are DENIED AS MOOT. It is further ORDERED that the parties shall file a joint status report within 14 days of the date of this Order updating the Court as to what additional time is necessary to mediate the issues raised in the pending 28 Motion for Fees. SO ORDERED. Signed by Judge Richard J. Leon on 2/1/19. (lcrjl1) (Entered: 02/01/2019)
2019-02-0836NOTICE of Change of Address by Thomas Eliot Starnes (Starnes, Thomas) (Entered: 02/08/2019)
2019-02-1137ENTERED IN ERROR.....NOTICE of Appearance by Alan John Joaquin on behalf of AMERICAN IMMIGRATION COUNCIL (Joaquin, Alan) Modified on 2/11/2019 (zjf). (Entered: 02/11/2019)
2019-02-11NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 37 Notice of Appearance was entered in error and counsel was instructed not to refile said pleading without contacting the attorney admission clerk @ (202) 354-3110 (jf) (Entered: 02/11/2019)
2019-02-1438Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 02/14/2019)
2019-03-0739Joint MOTION for Referral to a Magistrate Judge for Mediation by AMERICAN IMMIGRATION COUNCIL (Starnes, Thomas) (Entered: 03/07/2019)
2019-04-3040Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Starnes, Thomas) (Entered: 04/30/2019)
2019-05-28MINUTE ORDER. Upon consideration of the parties' 39 joint motion for referral to a magistrate judge for mediation, it is hereby ORDERED that the motion is GRANTED. This case is hereby REFERRED to Magistrate Judge G. Michael Harvey for mediation of the remaining dispute, plaintiff's Motion for Attorneys' Fees and Costs. SO ORDERED. Signed by Judge Richard J. Leon on 5/28/19. (lcrjl1) (Entered: 05/28/2019)
2019-05-28CASE DIRECTLY REFERRED to Magistrate Judge G. Michael Harvey for mediation. (zad) (Entered: 05/28/2019)
2019-05-3141MEDIATION STANDING ORDER. Signed by Magistrate Judge G. Michael Harvey on 5/31/19. (lcgmh2) (Entered: 05/31/2019)
2019-06-07Set/Reset Hearings: Settlement Conference set for 7/31/2019 at 10:00 AM in Courtroom 6 before Magistrate Judge G. Michael Harvey. (lcgmh2) (Entered: 06/07/2019)
2019-07-31Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Telephonic Settlement Conference held on 7/31/2019. (lcgmh2) Modified on 8/27/2019 (lcgmh2). (Entered: 07/31/2019)
2019-08-26Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Telephonic Settlement Conference held on 8/26/2019. (lcgmh2) Modified on 8/27/2019 (lcgmh2). (Entered: 08/27/2019)
2019-08-30Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Telephone Conference held on 8/30/2019. (lcgmh1) (Entered: 09/04/2019)
2019-09-06Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Telephonic Settlement Conference held on 9/6/2019. (lcgmh2) (Entered: 09/06/2019)
2019-09-11Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Telephonic Settlement Conference held on 9/11/2019. (lcgmh2) (Entered: 09/11/2019)
2019-09-18Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Telephonic Settlement Conference held on 9/18/2019. (lcgmh2) (Entered: 09/18/2019)
2019-09-20Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Telephonic Settlement Conference held on 9/20/2019. (lcgmh2) (Entered: 09/20/2019)
2019-09-26Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Telephonic Settlement Conference held on 9/26/2019. (lcgmh2) (Entered: 09/27/2019)
2019-09-27Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Telephonic Settlement Conference held on 9/27/2019. (lcgmh2) (Entered: 09/27/2019)
2019-09-29MINUTE ORDER. It is hereby ORDERED that this case and 28 Plaintiffs Motion for Attorneys Fees and Costs is STAYED pending the outcome of mediation with Magistrate Judge Harvey. SO ORDERED. By Judge Richard J. Leon on 9/29/2019. (jth) (Entered: 09/29/2019)
2019-10-02Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Telephone Conference held on 10/2/2019. (lcgmh2) (Entered: 10/02/2019)
2019-12-2042STIPULATION of Dismissal by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Walker, Johnny) (Entered: 12/20/2019)
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