Case Detail

FOIA Project Annotation: Judge Randolph Moss has ruled that BuzzFeed journalist Jason Leopold failed to show that U.S. Immigration and Customs Enforcement and U.S Customs and Border Protection could conduct a reasonable search for video and audio recordings showing the agency's treatment of migrants and immigration fugitives in response to his FOIA request. After receiving Leopold's request, ICE asked Leopold to clarify his request and eventually indicated that it had no responsive records. After a number of discussions with the agency as to how to narrow the scope of his request, Leopold first suggested limiting the search to specific ICE facilities, and eventually settled on focusing on five cases that were in litigation. Moss characterized the positions of the parties, indicating that "ICE maintains that it was never required to provide a response because Plaintiffs' original request is too vague and unduly burdensome and thus does not 'reasonably describe' the records sought." Leopold argued that he had appropriately narrowed the request, and further that "the burden of producing records does not inform whether a request 'reasonably describes' records and thus the breadth of their request is irrelevant." Moss recognized that because Leopold had narrowed his request, "it is this more limited search, and not the scope of Plaintiffs' original request that controls for purposes of summary judgment." However, Moss accepted ICE's argument that the description of the records was too vague to conduct a search. He pointed out that "the Court agrees with ICE that the phrase 'any and all immigration enforcement actions' without clarification from Plaintiffs, is too broad and vague to 'reasonably describe' the records sought." Although Leopold had not focused on this issue, Moss suggested that his request could be read to limit the records sought as being limited to instances of detention. However, Moss concluded that distinction would cause more trouble that it would resolve. Instead, he noted that "for these reasons, the Court concludes that Plaintiff's reference to 'detention' in the June 5, 2020, status report does not rescue the vagueness of its request."
Issues: Search - Reasonableness of search, Request - Specificity

Date Filed	Doc #	Docket Text
2018-10-22	1	COMPLAINT against U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number 0090-5751963) filed by JASON LEOPOLD, BUZZFEED INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet Civil Cover Sheet, # 8 Summons Summons)(Topic, Matthew) (Entered: 10/22/2018)
2018-10-22	2	NOTICE of Appearance by Matthew Topic on behalf of BUZZFEED INC., JASON LEOPOLD (Topic, Matthew) (Entered: 10/22/2018)
2018-10-22		Case Assigned to Judge Randolph D. Moss. (zmd) (Entered: 10/24/2018)
2018-10-24	3	SUMMONS (6) Issued Electronically as to U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent)(zjd) (Entered: 10/24/2018)
2018-10-24	4	STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 10/24/2018. (lcrdm2, ) (Entered: 10/24/2018)
2018-11-28	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS & BORDER PROTECTION served on 11/7/2018 (Topic, Matthew) (Entered: 11/28/2018)
2018-11-28	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CITIZENSHIP & IMMIGRATION SERVICES served on 11/6/2018 (Topic, Matthew) (Entered: 11/28/2018)
2018-11-28	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 11/7/2018 (Topic, Matthew) (Entered: 11/28/2018)
2018-11-28	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. IMMIGRATION & CUSTOMS ENFORCEMENT served on 11/19/2018 (Topic, Matthew) (Entered: 11/28/2018)
2018-11-28	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/8/2018. (Topic, Matthew) (Entered: 11/28/2018)
2018-11-28	10	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/8/2018. Answer due for ALL FEDERAL DEFENDANTS by 12/8/2018. (Topic, Matthew) (Entered: 11/28/2018)
2018-12-10	11	ANSWER to Complaint by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT.(Braswell, Marina) (Entered: 12/10/2018)
2018-12-11		MINUTE ORDER: The parties are hereby ORDERED to appear for an Initial Scheduling Conference on January 4, 2019, at 10:15 a.m. in Courtroom 21. It is further ORDERED that the parties shall confer in advance of the Initial Scheduling Conference on (1) whether any records can be released, and (2) the proper next steps in this litigation. Signed by Judge Randolph D. Moss on 12/11/2018. (lcrdm2, ) (Entered: 12/11/2018)
2018-12-12		Set/Reset Hearings: Initial Scheduling Conference set for 1/4/2019, at 10:15 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) Modified on 12/17/2018 to correct date (year)(kt). (Entered: 12/12/2018)
2018-12-26	12	NOTICE of Appearance by Marina Utgoff Braswell on behalf of U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Braswell, Marina) (Entered: 12/26/2018)
2018-12-28	13	Unopposed MOTION to Continue the January 4, 2019, Scheduling Conference by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Braswell, Marina). (Entered: 12/28/2018)
2018-12-30		MINUTE ORDER: Upon consideration of Defendants' motion to continue the January 4, 2019 Initial Status Conference and to stay the case, Dkt. 13 , it is hereby ORDERED that the motion is GRANTED. The January 4, 2019 ISC is hereby VACATED and this case shall be stayed until further order of the Court. It is further ORDERED that the parties shall meet and confer and submit a proposed date for an initial status conference as soon as Congress appropriates funding for the Department of Justice to resume work. Signed by Judge Randolph D. Moss on 12/30/2018. (lcrdm2, ) (Entered: 12/30/2018)
2018-12-31		Case STAYED. (kt) (Entered: 12/31/2018)
2019-02-06	14	Joint STATUS REPORT by BUZZFEED INC., JASON LEOPOLD. (Topic, Matthew) (Entered: 02/06/2019)
2019-02-06		MINUTE ORDER: Given that funding has been restored for the Department of Justice, it is hereby ORDERED that the stay in this case is lifted. It is further ORDERED that the parties shall appear for an Initial Scheduling Conference on March 6, 2019 at 10:30 a.m. in Courtroom 21. It is further ORDERED that the parties shall confer in advance of the Initial Scheduling Conference on (1) whether any records can be released, and (2) the proper next steps in this litigation. Signed by Judge Randolph D. Moss on 2/6/2019. (lcrdm2, ) (Entered: 02/06/2019)
2019-03-06		Minute Entry for proceedings held before Judge Randolph D. Moss: Initial Scheduling Conference held on 3/6/2019. Oral motion by Defendant to file an Amended Answer; GRANTED, for the reasons stated on the record. Joint Status Report due by 5/1/2019. (Court Reporter: Jeff Hook.) (kt) (Entered: 03/06/2019)
2019-03-20	15	Amended ANSWER to Complaint by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT.(Braswell, Marina) (Entered: 03/20/2019)
2019-03-25	16	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BUZZFEED INC., JASON LEOPOLD (Topic, Matthew) (Entered: 03/25/2019)
2019-05-01	17	Joint STATUS REPORT by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Braswell, Marina) (Entered: 05/01/2019)
2019-05-02		MINUTE ORDER: In light of the parties' joint status report, Dkt. 17, it is hereby ORDERED that Defendants shall provide the Plaintiff with declarations explaining any searches performed seeking responsive records on or before June 14, 2019, and it is further ORDERED that the parties shall file a further joint status report on or before June 28, 2019. Signed by Judge Randolph D. Moss on 5/2/2019. (lcrdm2, ) (Entered: 05/02/2019)
2019-05-03		Set/Reset Deadlines: Defendants shall provide the Plaintiff with declarations explaining any searches performed seeking responsive records on or before 6/14/2019; Joint Status Report due by 6/28/2019. (kt) (Entered: 05/03/2019)
2019-06-28	18	Joint STATUS REPORT by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Braswell, Marina) (Entered: 06/28/2019)
2019-07-01		MINUTE ORDER: In light of the parties' joint status report, Dkt. 18, it is hereby ORDERED that the parties shall submit a further joint status report on or before July 26, 2019, updating the Court on the status of this case and proposing a schedule for further proceedings, if any. Signed by Judge Randolph D. Moss on 7/1/2019. (lcrdm2, ) (Entered: 07/01/2019)
2019-07-02		Set/Reset Deadlines: Joint Status Report due by 7/26/2019. (kt) (Entered: 07/02/2019)
2019-07-26	19	Joint STATUS REPORT by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Braswell, Marina) (Entered: 07/26/2019)
2019-08-05		MINUTE ORDER: In light of the parties' joint status report 19 , it is hereby ORDERED that the parties shall file a further joint status report on or before September 12, 2019. Signed by Judge Randolph D. Moss on 08/05/2019. (lcrdm2, ) (Entered: 08/05/2019)
2019-08-06		Set/Reset Deadlines: Joint Status Report due by 9/12/2019. (kt) (Entered: 08/06/2019)
2019-08-06	20	NOTICE of Appearance by Merrick Jason Wayne on behalf of BUZZFEED INC., JASON LEOPOLD (Wayne, Merrick) (Entered: 08/06/2019)
2019-09-12	21	Joint STATUS REPORT by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Braswell, Marina) (Entered: 09/12/2019)
2019-09-13		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 21 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 30, 2019. Signed by Judge Randolph D. Moss on 09/13/2019. (lcrdm2, ) (Entered: 09/13/2019)
2019-09-13		Set/Reset Deadlines: Joint Status Report due by 10/30/2019. (kt) (Entered: 09/13/2019)
2019-10-30	22	Unopposed MOTION for Extension of Time to File Joint Status Report by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Braswell, Marina) (Entered: 10/30/2019)
2019-11-04		MINUTE ORDER: Upon consideration of the Defendant's unopposed motion for extension of time, Dkt. 22, it is hereby ORDERED that the motion is GRANTED. The parties' joint status report currently due on or before October 30, 2019, shall now be due on or before November 15, 2019. Signed by Judge Randolph D. Moss on 11/4/2019. (lcrdm2, ) (Entered: 11/04/2019)
2019-11-15	23	Joint STATUS REPORT by BUZZFEED INC., JASON LEOPOLD. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 11/15/2019)
2019-11-19		MINUTE ORDER: In light of the parties' joint status report, Dkt. 23, the parties are hereby ORDERED to appear for a status conference on November 21, 2019, at 12:00p.m. in Courtroom 21. The parties should be prepared to discuss the anticipated scope of the parties' proposed briefing, including the nature of the disputes on which the parties have not been able to reach an agreement. Signed by Judge Randolph D. Moss on 11/19/2019. (lcrdm2, ) (Entered: 11/19/2019)
2019-11-19	24	Unopposed MOTION to Continue Status Conference , Unopposed MOTION for Leave to Appear by Telephone by BUZZFEED INC., JASON LEOPOLD (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 11/19/2019)
2019-11-20		MINUTE ORDER: Upon consideration of Unopposed Motion to Continue Status Conference and for Counsel for Plaintiffs to Appear Telephonically, Dkt. 24, it is hereby ORDERED that the motion is GRANTED in part and DENIED in part. The Status Conference set for November 21, 2019 is hereby VACATED and RESCHEDULED for December 2, 2019, at 3:00p.m, in Courtroom 21. Counsel may elect to appear telephonically. Any counsel who elects to do so shall contact the deputy clerk for instructions. Signed by Judge Randolph D. Moss on 11/20/2019. (lcrdm2, ) (Entered: 11/20/2019)
2019-11-20		Set/Reset Hearings: The Status Conference set for 11/21/2019 is VACATED and RESCHEDULED for 12/2/2019, at 3:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 11/20/2019)
2019-12-02		Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 12/2/2019. The parties shall sufficiently engage in the exchange of information and file a Joint Status Report by 1/17/2020. Defendants shall provide any further information to Plaintiffs by by 1/31/2020. (Court Reporter: Nancy Meyer.) (kt) (Entered: 12/02/2019)
2020-01-17	25	Joint STATUS REPORT by BUZZFEED INC., JASON LEOPOLD. (Topic, Matthew) (Entered: 01/17/2020)
2020-01-22		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 25, it is hereby ORDERED that the parties shall file a further joint status report on or before February 21, 2020, apprising the Court whether the sole remaining issue has been resolved and identifying the proper next steps in this litigation. Signed by Judge Randolph D. Moss on 01/22/2020. (lcrdm2, ) (Entered: 01/22/2020)
2020-01-23		MINUTE ORDER: The parties are hereby ORDERED to comply with the terms of the Court's revised standing order, which is available on the Court's website. Click for details. Signed by Judge Randolph D. Moss on 01/23/2020. (lcrdm2, ) (Entered: 01/23/2020)
2020-02-21	26	Joint STATUS REPORT by BUZZFEED INC., JASON LEOPOLD. (Topic, Matthew) (Entered: 02/21/2020)
2020-02-25		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 26, it is hereby ORDERED that the parties shall file a further joint status report on or before April 6, 2020, which shall update the Court regarding the status of the processing of Plaintiff's FOIA request, any agreements or issues between the parties and a recommendation for further proceedings. Signed by Judge Randolph D. Moss on 02/25/2020. (lcrdm2, ) Modified on 3/6/2020 to edit typo (kt). (Entered: 02/25/2020)
2020-04-06	27	NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez on behalf of U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT Substituting for attorney Marina Utgoff Braswell (Gonzalez, Brenda) (Entered: 04/06/2020)
2020-04-06	28	Joint STATUS REPORT by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Gonzalez, Brenda) (Entered: 04/06/2020)
2020-04-06		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 28, it is hereby ORDERED that the parties shall file a further joint status report on or before June 5, 2020, which shall update the Court regarding the status of Plaintiff's FOIA request, and shall propose a recommendation for further proceedings. The parties are further DIRECTED to review the Court's updated Standing Order, see Minute Order (Jan. 23, 2020), including the instructions parties are to follow when briefing motions for summary judgment. Signed by Judge Randolph D. Moss on 04/06/2020. (lcrdm2, ) (Entered: 04/06/2020)
2020-06-05	29	Joint STATUS REPORT by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Gonzalez, Brenda) (Entered: 06/05/2020)
2020-06-05	30	NOTICE of Appearance by Michael A. Tilghman on behalf of U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Tilghman, Michael) (Entered: 06/05/2020)
2020-06-09		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 29, it is hereby ORDERED that Defendant shall file a short notice setting forth the basis for its anticipated motion for summary judgment on or before June 30, 2020, and Plaintiff shall submit a short notice setting forth its intended response and anticipated cross motion on or before July 7, 2020. It is further ORDERED that the parties shall appear for a telephonic pre-motions conference on July 15, 2020, at 10:00 a.m. Signed by Judge Randolph D. Moss on 06/09/2020. (lcrdm2, ) Modified on 6/10/2020 to add "telephonic" hearing(kt). (Entered: 06/09/2020)
2020-06-09		ENTERED IN ERROR.....Set/Reset Hearings: Pre-motion Conference set for 7/15/2020 at 10:00 AM in Courtroom 21 before Judge Randolph D. Moss. (zcal) Modified on 6/10/2020 hearing to be held telephonically (kt). (Entered: 06/09/2020)
2020-06-09	31	MOTION for Leave to Appear by Telephone by BUZZFEED, INC., JASON LEOPOLD (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 06/09/2020)
2020-06-30	32	NOTICE of Defendant's Basis for its Anticipated Motion for Summary Judgment by U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Tilghman, Michael) (Entered: 06/30/2020)
2020-07-07	33	RESPONSE re 32 Notice (Other) Plaintiff's Response to Defendant's Pre-Motion Filing filed by BUZZFEED, INC., JASON LEOPOLD. (Topic, Matthew) (Entered: 07/07/2020)
2020-07-09		MINUTE ORDER: It is hereby ORDERED that the pre-motion conference currently scheduled for July 15, 2020, is VACATED and RESCHEDULED to July 17, 2020, at 11:00 a.m. The parties shall utilize the same teleconference number and access code that was previously circulated to them by the Deputy Clerk. Signed by Judge Randolph D. Moss on 07/09/2020. (lcrdm2, ) (Entered: 07/09/2020)
2020-07-17		Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Pre-motion Conference held on 7/17/2020. Defendants' Summary Judgment Motion due by 8/28/2020; Plaintiff's Response to Motion for Summary Judgment and Cross Motion due by 10/2/2020; Defendants' Reply to Motion for Summary Judgment And Response to Cross Motion due by 11/6/2020; Plaintiff's Reply to Cross Motion due by 11/20/2020. (Court Reporter: Jeff Hook.) (kt) (Entered: 07/17/2020)
2020-08-17	34	TRANSCRIPT OF TELEPHONIC PRE-MOTION CONFERENCE before Judge Randolph D. Moss held on July 17, 2020. Page Numbers: 1 - 29. Date of Issuance: August 17, 2020. Court Reporter: Jeff Hook/ Telephone number: 202-354-3373. 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 9/7/2020. Redacted Transcript Deadline set for 9/17/2020. Release of Transcript Restriction set for 11/15/2020.(Hook, Jeff) (Entered: 08/17/2020)
2020-08-26	35	Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 08/26/2020)
2020-08-27		MINUTE ORDER: Upon consideration of the Defendants' consent motion for extension of time, Dkt. 35 , it is hereby ORDERED that the motion is GRANTED. Defendants' summary judgment motion currently due on or before August 28, 2020, shall now be due on or before September 11, 2020. Plaintiffs' response and cross motion, currently due on or before October 2, 2020, shall now be due on or before October 16, 2020. Defendants' reply to Plaintiffs' response and response to Plaintiffs' cross motion, currently due on or before November 6, 2020, shall now be due on or before November 20, 2020. And Plaintiffs' reply to Defendants' response to Plaintiffs' cross motion, currently due on or before November 20, 2020, shall now be due on or before December 4, 2020. Signed by Judge Randolph D. Moss on 08/27/2020. (lcrdm1) (Entered: 08/27/2020)
2020-09-11	36	MOTION to Dismiss for Lack of Jurisdiction , MOTION for Summary Judgment by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Attachments: # 1 Statement of Undisputed Material Facts, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Text of Proposed Order)(Tilghman, Michael) (Entered: 09/11/2020)
2020-10-23	37	Unopposed MOTION for Extension of Time to Briefing Schedule by BUZZFEED, INC., JASON LEOPOLD (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 10/23/2020)
2020-10-23		MINUTE ORDER: Upon consideration of Plaintiffs' unopposed motion for an extension of time, Dkt. 37 , it is hereby ORDERED that the motion is GRANTED. Plaintiffs' opposition/cross-motion, previously due on or before October 16, 2020, is now due on or before October 30, 2020. Defendants' opposition and reply, previously due on or before November 20, 2020, is now due on or before December 4, 2020. Plaintiffs' reply, previously due on or before December 4, 2020, is now due on or before December 18, 2020. Signed by Judge Randolph D. Moss on 10/23/2020. (lcrdm1) (Entered: 10/23/2020)
2020-10-30	38	Cross MOTION for Summary Judgment by BUZZFEED, INC., JASON LEOPOLD (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Statement of Facts, # 7 Statement of Facts Response to Statement of Facts, # 8 Text of Proposed Order)(Topic, Matthew) (Entered: 10/30/2020)
2020-10-30	39	Memorandum in opposition to re 36 MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment filed by BUZZFEED, INC., JASON LEOPOLD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Statement of Facts, # 6 Statement of Facts Response to Statement of Facts, # 7 Text of Proposed Order)(Topic, Matthew) (Entered: 10/30/2020)
2020-12-04	40	REPLY to opposition to motion re 36 MOTION to Dismiss for Lack of Jurisdiction MOTION for Summary Judgment filed by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Tilghman, Michael) (Entered: 12/04/2020)
2020-12-04	41	Memorandum in opposition to re 38 Cross MOTION for Summary Judgment filed by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Attachments: # 1 Response to Plaintiffs' Statement of Facts, # 2 Text of Proposed Order)(Tilghman, Michael) (Entered: 12/04/2020)
2020-12-18	42	REPLY to opposition to motion re 38 Cross MOTION for Summary Judgment filed by BUZZFEED, INC., JASON LEOPOLD. (Topic, Matthew) (Entered: 12/18/2020)
2021-06-21		MINUTE ORDER: Due to the termination of a family trust, Judge Moss's spouse will soon receive a distribution including stock in Comcast Corporation, which has a significant interest in Buzzfeed, Inc. This stock will be sold promptly after it is received to avoid any conflict of interest in this case and any other case. See Advisory Opinion No. 69, Committee on Codes of Conduct, Judicial Conference of the United States ("[D]isqualification is not required if the judge (or the judge's spouse or minor child) divests the interest that provides the grounds for the disqualification." (quoting Canon 3C(4))). If any party to this action would like further information regarding the distribution and disposition of the stock or would like to discuss the matter with the Court, counsel are directed to jointly contact the Deputy Clerk to schedule a telephonic status conference. Signed by Judge Randolph D. Moss on 06/21/2021. (lcrdm1) (Entered: 06/21/2021)
2021-08-17		MINUTE ORDER: As a follow up to the Court's Order of June 21, 2021, the shares in Comcast Corporation were transferred to Judge Moss's spouse from the trust account on July 27, 2021, and were promptly sold on July 28, 2021. Signed by Judge Randolph D. Moss on 08/17/2021. (lcrdm1) (Entered: 08/17/2021)
2021-09-17	43	MEMORANDUM OPINION: For the reasons set forth in the attached Memorandum Opinion, the Court will GRANT Defendants' motion to dismiss all claims against Defendants DHS, CBP, and USCIS for lack of subject-matter jurisdiction, Dkt. 36 ; will GRANT Defendants' motion for summary judgment, Dkt. 36 ; and will DENY Plaintiffs' cross-motion for summary judgment, Dkt. 38 . A separate order will issue. See document for details. Signed by Judge Randolph D. Moss on 09/17/2021. (lcrdm1) (Entered: 09/17/2021)
2021-09-17	44	ORDER: For the reasons stated in the Court's Memorandum Opinion, Dkt. 43 , it is hereby ORDERED that Defendants' motion to dismiss all claims against Defendants DHS, CBP, and USCIS for lack of subject-matter jurisdiction, Dkt. 36 , is GRANTED; Defendants' motion for summary judgment, Dkt. 36, is GRANTED; Plaintiffs' cross-motion for summary judgment, Dkt. 38 , is DENIED; and judgment is hereby ENTERED in favor of Defendants. This Order constitutes a final judgment of the Court within the meaning of Rule 58(a) of the Federal Rules of Civil Procedure. The Clerk of Court is directed to terminate the case. See document for details. Signed by Judge Randolph D. Moss on 09/17/2021. (lcrdm1) (Entered: 09/17/2021)
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