Case Detail

FOIA Project Annotation: Magistrate Judge Michael Harvey has rejected the Middle East Forum's claim that its request should be processed by the Department of Homeland Security at a rate of 1,000 pages per month rather than the 500 pages per month suggested by the agency. After the Middle East Forum declined to agree to the agency's request for an extension of time to respond, the agency told the court that it had located 27,000 potentially responsive records and that it could process those records at a rate of 500 pages a month. The Middle East Forum argued that was too slow and suggested a rate of 1,000 pages a month. The agency's Privacy Office told the court that it received 1,350 FOIA requests in 2017, a 125 percent increase from 2016, that 791 of those were complex, which represented a 164 percent increase from the yearly average for the previous four years, that it currently had a backlog of 464 cases, and that it had experienced a 65 percent increase in FOIA-related litigation since 2016. The Middle East Forum argued that a handful of district courts outside the D.C. Circuit had occasionally found that an agency's backlog was not relevant to whether or not it had complied with an individual request. But Harvey noted that "Plaintiff's position fails to take into account two long-standing principles that apply to FOIA cases in this Circuit. First, since 1976, at the latest, courts in this Circuit have considered the effect of other FOIA requests when analyzing the burden on an agency of meeting deadlines for review and production of FOIA material in a given case" and that "moreover, 'agency affidavits are accorded a presumption of good faith, which cannot be rebutted by purely speculative claims.'" He added that "Plaintiff has presented no evidence to undermine [the agency's] declaration." Finding the Middle East Forum had not shown that it deserved a quicker rate of production, Harvey explained that "at Defendant's proposed rate of 500 pages per month, the current universe of prioritized material will be processed in approximately seven months, rather than the three-and-one half months Plaintiff urges. On this record, 500 pages per month is an appropriate rate of production. This opinion should not be read to imply that Plaintiff's requests are insignificant or unimportant, or that a more robust schedule should not be ordered in a suitable case. Here, however, Plaintiff has not provided reasons that its requests should take precedence over the duly-made FOIA requests of others."
Issues: Expedited processing

Date Filed	Doc #	Docket Text
2017-04-26	1	COMPLAINT against UNITED STATES DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-4928747) filed by MIDDLE EAST FORUM. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to U.S. Attorney, # 3 Summons to DHS, # 4 Summons to Attorney General)(Hardin, Matthew) (Entered: 04/26/2017)
2017-04-26		Case Assigned to Judge Royce C. Lamberth. (md) (Entered: 04/27/2017)
2017-04-28	2	SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 04/28/2017)
2017-05-06	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/2/2017. Answer due for ALL FEDERAL DEFENDANTS by 6/1/2017. (Hardin, Matthew) (Entered: 05/06/2017)
2017-05-06	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 5/1/2017 (Hardin, Matthew) (Entered: 05/06/2017)
2017-05-06	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/02/2017. (Hardin, Matthew) (Entered: 05/06/2017)
2017-05-25	6	NOTICE of Appearance by Jason Todd Cohen on behalf of UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Cohen, Jason) (Entered: 05/25/2017)
2017-06-01	7	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 06/01/2017)
2017-06-05	8	ORDER granting 7 Motion for Extension of Time to Answer: It is hereby ORDERED that: The deadline for Defendant to file its Answer or otherwise respond to the Complaint is extended to June 23, 2017. Signed by Judge Royce C. Lamberth on 6/5/17. (nbn) (Entered: 06/07/2017)
2017-06-05		Set/Reset Deadlines: Answer due by 6/23/2017, (nbn) (Entered: 06/08/2017)
2017-06-23	9	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 06/23/2017)
2017-07-06	10	ORDER granting 9 Motion for Extension of Time to Answer. Answer due by 7/14/2017. Signed by Judge Royce C. Lamberth on 7/6/17. (lsj) (Entered: 07/06/2017)
2017-07-13	11	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 07/13/2017)
2017-08-08	12	ORDER granting 11 Motion for Extension of Time to Answer All Defendants. Answer due by 8/14/2017. Signed by Judge Royce C. Lamberth on 8/7/17. (lsj) (Entered: 08/08/2017)
2017-08-14	13	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 08/14/2017)
2017-08-29	14	MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 08/29/2017)
2017-08-29	15	RESPONSE re 14 MOTION for Extension of Time to File Answer re 1 Complaint, filed by MIDDLE EAST FORUM. (Hardin, Matthew) (Entered: 08/29/2017)
2017-09-28	16	MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 09/28/2017)
2017-09-28	17	RESPONSE re 16 MOTION for Extension of Time to File Answer re 1 Complaint, filed by MIDDLE EAST FORUM. (Hardin, Matthew) (Entered: 09/28/2017)
2017-10-06	18	MOTION for Hearing Status Conference by MIDDLE EAST FORUM (Hardin, Matthew) Modified event title on 10/10/2017 (znmw). (Entered: 10/06/2017)
2017-12-07	19	NOTICE of Appearance by Chaim Mandelbaum on behalf of MIDDLE EAST FORUM (Mandelbaum, Chaim) (Main Document 19 replaced on 12/8/2017) (znmw). (Entered: 12/07/2017)
2017-12-07	20	MOTION to Withdraw as Attorney by MIDDLE EAST FORUM (Hardin, Matthew) (Entered: 12/07/2017)
2017-12-20	21	ORDER granting 16 Motion for Extension of Time to Answer, nunc pro tunc. Signed by Judge Royce C. Lamberth on 12/20/17. (lsj) (Entered: 12/20/2017)
2017-12-20		ORDER REFERRING CASE to a Magistrate Judge to set this matter in for a Status Conference and set a Scheduling Order. SEE ORDER 21 FOR FULL DETAILS.. Signed by Judge Royce C. Lamberth on 12/20/17. (lsj) (Entered: 12/20/2017)
2017-12-20		ORDER granting 20 Motion to Withdraw as Attorney. Attorney Matthew D. Hardin terminated. SEE ORDER 21 FOR FULL DETAILS. Signed by Judge Royce C. Lamberth on 12/20/17. (lsj) (Entered: 12/20/2017)
2017-12-20	22	ORDER granting 13 Motion for Extension of Time to Answer, nunc pro tunc. Signed by Judge Royce C. Lamberth on 12/20/17. (lsj) (Entered: 12/20/2017)
2017-12-20	23	ORDER granting 14 Motion for Extension of Time to Answer, nunc pro tunc. Signed by Judge Royce C. Lamberth on 12/20/17. (lsj) (Entered: 12/20/2017)
2017-12-20		CASE RANDOMLY REFERRED to Magistrate Judge G. Michael Harvey for 18 Motion for Hearing Status Conference. (md) (Entered: 12/29/2017)
2018-01-08		Set Hearings: Status Conference set for 1/25/2018 at 03:00 PM in Courtroom 6 before Magistrate Judge G. Michael Harvey. (lcgmh1) (Entered: 01/08/2018)
2018-01-22	24	WITHDRAWN PURSUANT TO ORDER ENTERED ON 1/25/18..... MOTION to Stay Case in Light of Lapse of Appropriations by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Cohen, Jason) Modified on 1/26/2018 (ldc). (Entered: 01/22/2018)
2018-01-25		MINUTE ORDER withdrawing 24 Motion to Stay. As discussed at the status conference today, January 25, 2018, the government's motion to stay based on the lapse in appropriations is WITHDRAWN. SO ORDERED. Signed by Magistrate Judge G. Michael Harvey on 1/25/18. (lcgmh1) Modified event title on 1/26/2018 (znmw). (Entered: 01/25/2018)
2018-01-25		ENTERED IN ERROR....Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Status Conference held on 1/25/2018. (lcgmh1) Modified on 1/26/2018 to enter in error as duplicate; please disregard.(ztnr) (Entered: 01/25/2018)
2018-01-25		Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Status Conference held on 1/25/2018. Order to be issued by the Court. (Court Reporter FTR-Gold.) (FTR Time Frame: Ctrm 6 [3:10:45-3:46:03];) (ldc) (Entered: 01/25/2018)
2018-01-25		MINUTE ORDER. This FOIA case was referred to the undersigned to issue a scheduling order and give the government an opportunity to cure its current default posture. A status conference was held on January 25, 2018, at which the government represented that it has performed additional searches that produced over 27,000 potentially responsive documents to Plaintiff's FOIA request. The government further represented that Defendant, the Department of Homeland Security, could review 500 documents per month for responsiveness and to determine the applicability of any exemptions from disclosure. Plaintiff objected to a production schedule of anything less than 1000 documents reviewed by the government per month, and requested an opportunity to submit a written response to the government's proposal. Plaintiff also agreed to meet and confer with the government with the goal of narrowing the electronic search terms and/or the number of document custodians to be searched. Accordingly, it is hereby: ORDERED that, on or before February 16, 2018, the parties shall meet and confer to attempt to reduce the range of potentially responsive documents, whether by narrowing search terms or custodians, or in some other manner. It is further ORDERED that, on or before February 16, 2018, the parties shall submit a joint status report outlining the results of the meet and confer process. It is further ORDERED that, on or before February 16, 2018, the government shall file a declaration from DHS supporting and explaining its representation that it has the resources to review only 500 documents per month in this case, and that it cannot increase the pace of review to 1000 documents per month consistent with its obligations to other FOIA requesters. It is further ORDERED that, on or before February 23, 2018, Plaintiff may file a response to the government's declaration. It is further ORDERED that, with the consent of the Plaintiff, the government's time to respond to the Complaint is EXTENDED, nunc pro tunc, to January 25, 2018. It is further ORDERED that, with the consent of the Plaintiff, the government's obligation to respond to the Complaint is STAYED pending completion of its production of responsive documents in this case, the production schedule for which will be set by the undersigned after review of the filings ordered above. SO ORDERED. Signed by Magistrate Judge G. Michael Harvey on 1/25/18. (lcgmh1) Modified on 1/26/2018 to enter in error; however, it should not have been in error. This entry stands.(ztnr) (Entered: 01/25/2018)
2018-01-26		Set/Reset Deadlines: Attorney Meet and Confer Conference due by 2/16/2018. Government's Declaration from DHS due by 02/16/18. Parties Joint Status Report due by 2/16/2018. Plaintiff Responses to Government's Declaration due by 2/23/2018. Government's time to Respond to the Complaint is extended, nunc pro tunc to 01/25/18. Status Report due by 2/16/2018. (ldc) (Entered: 01/26/2018)
2018-02-16	25	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Cohen, Jason) (Entered: 02/16/2018)
2018-02-16	26	RESPONSE TO ORDER OF THE COURT re Order,,,,,,,,,, filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Declaration of James V.M.L. Holzer)(Cohen, Jason) (Entered: 02/16/2018)
2018-02-23	27	RESPONSE re 26 Response to Order of the Court regarding Rate of Production filed by MIDDLE EAST FORUM. (Mandelbaum, Chaim) (Entered: 02/23/2018)
2018-03-05	28	MEMORANDUM OPINION AND ORDER. Signed by Magistrate Judge G. Michael Harvey on 3/5/18. (lcgmh1) Modified event title on 3/6/2018 (znmw). (Entered: 03/05/2018)
2018-03-05		Set/Reset Deadlines: Parties shall file a Joint Status update on March 30 2018. (ldc) (Entered: 03/05/2018)
2018-03-07	29	Unopposed MOTION for Extension of Time to File Joint Status Update by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Cohen, Jason) (Entered: 03/07/2018)
2018-03-08	30	ORDER granting 29 Motion for Extension of Time to File; Set/Reset Deadlines: Status Report due by 4/2/2018. Signed by Magistrate Judge G. Michael Harvey on 3/8/18. (lcgmh1) (Entered: 03/08/2018)
2018-04-02	31	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Cohen, Jason) (Entered: 04/02/2018)
2018-04-30	32	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Cohen, Jason) (Entered: 04/30/2018)
2018-05-31	33	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Cohen, Jason) (Entered: 05/31/2018)
2018-06-25		MINUTE ORDER. In connection with the current dispute over the government's production of documents in this matter, as mentioned in the parties' joint status update of May 31, 2018, the plaintiff shall file a letter outlining its position on or before June 29, 2018. The government's response shall be filed on or before July 6, 2018. SO ORDERED. Signed by Magistrate Judge G. Michael Harvey on 6/25/18. (lcgmh1) (Entered: 06/25/2018)
2018-06-25		Set/Reset Deadlines: Plaintiff letter outlining its position due on or before June 29, 2018. The government's response due on or before July 6, 2018. (ldc) (Entered: 06/25/2018)
2018-06-30	34	RESPONSE TO ORDER OF THE COURT re Order, for Letter Outlining Position on Dispute over Production filed by MIDDLE EAST FORUM. (Attachments: # 1 Exhibit)(Mandelbaum, Chaim) (Entered: 06/30/2018)
2018-07-06	35	RESPONSE re 34 Response to Order of the Court filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Cohen, Jason) (Entered: 07/06/2018)
2018-07-12	36	MEMORANDUM OPINION AND ORDER. Signed by Magistrate Judge G. Michael Harvey on 7/12/18. (lcgmh1) (Entered: 07/12/2018)
2018-07-12		STATUS CONFERENCE VACATED PURSUANT TO MINUTE ORDER FILED ON 07/18/18.....Set/Reset Deadlines/Hearings: Attorney Meet and Confer Conference due by 8/10/2018. Meet & Confer Statement due by 8/10/2018. Status Report due by 7/30/2018 Status Conference set for 8/14/2018 at 11:00 AM in Courtroom 6 before Magistrate Judge G. Michael Harvey. (lcgmh1) Modified on 7/18/2018 (ldc). (Entered: 07/12/2018)
2018-07-16	37	Consent MOTION to Modify Date of Status Conference by MIDDLE EAST FORUM (Attachments: # 1 Text of Proposed Order)(Mandelbaum, Chaim) (Entered: 07/16/2018)
2018-07-18		MINUTE ORDER granting 37 Motion to Modify. The status conference originally set for August 14, 2018, at 11:00 a.m. is VACATED. A status conference will be held on September 4, 2018, at 11:00 a.m. Set/Reset Hearings:Status Conference set for 9/4/2018 at 11:00 AM in Courtroom 6 before Magistrate Judge G. Michael Harvey. SO ORDERED. Signed by Magistrate Judge G. Michael Harvey on 7/18/18. (lcgmh1) (Entered: 07/18/2018)
2018-08-31	38	Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Cohen, Jason) (Entered: 08/31/2018)
2018-09-04		Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Status Hearing held on 9/4/2018. Order to be issued by the Court. (Court Reporter FTR-Gold.) (FTR Time Frame: Ctrm 6 [10:57:31-11:03:08];) (ldc) (Entered: 09/04/2018)
2018-09-04	39	SCHEDULING ORDER: Informal Vaughn Index due by 10/15/2018. Status Report due by 10/29/2018 Status Conference set for 10/31/2018 at 11:00 AM in Courtroom 6 before Magistrate Judge G. Michael Harvey. Signed by Magistrate Judge G. Michael Harvey on 9/4/18. (lcgmh1) (Entered: 09/04/2018)
2018-10-29	40	Joint STATUS REPORT by MIDDLE EAST FORUM. (Mandelbaum, Chaim) (Entered: 10/29/2018)
2018-10-31		Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Status Conference held on 10/31/2018. Order to be issued by the Court. (Court Reporter FTR-Gold.) (FTR Time Frame: Ctrm 6 [11:04:49-11:09:33];) (ldc) (Entered: 10/31/2018)
2018-10-31	41	SCHEDULING ORDER: Status Report due by 12/3/2018. Signed by Magistrate Judge G. Michael Harvey on 10/31/18. (lcgmh1) (Entered: 10/31/2018)
2018-12-03	42	Joint STATUS REPORT by MIDDLE EAST FORUM. (Mandelbaum, Chaim) (Entered: 12/03/2018)
2018-12-04	43	ORDER Status Report due by 1/7/2019. Signed by Magistrate Judge G. Michael Harvey on 12/4/18. (lcgmh1) (Entered: 12/04/2018)
2019-01-03	44	MOTION to Stay by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Coles-Huff, Doris) (Entered: 01/03/2019)
2019-01-16	45	ORDER granting 44 Motion to Stay. Signed by Judge Royce C. Lamberth on 1/16/2019. (lcrcl2) (Entered: 01/16/2019)
2019-01-28	46	NOTICE of Restored Government Funding by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Cohen, Jason) (Entered: 01/28/2019)
2019-01-30	47	SCHEDULING ORDER: Status Report due by 3/1/2019. Signed by Magistrate Judge G. Michael Harvey on 1/30/19. (lcgmh1) Modified on 1/31/2019 (ldc). (Entered: 01/30/2019)
2019-02-14	48	STIPULATION of Settlement and Dismissal by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Cohen, Jason) (Entered: 02/14/2019)
2019-04-12	49	ORDER terminating the case on the active dockets. Signed by Judge Royce C. Lamberth on 4/11/2019. (lcrcl1) (Entered: 04/12/2019)
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