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Case TitlePHILLIPS v. U.S. DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01226
Date Filed2019-04-26
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffJOSHUA PHILLIPS
Case DescriptionJoshua Phillips, a journalist, submitted a FOIA request to the Department of Homeland Security for records of investigations from June 28, 2018 to the present that refer to family separation in the summary. Phillips submitted a second FOIA request for the same records from January 2017 to December 2017. After hearing nothing further from the agency, Phillips filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
DefendantDEPARTMENT OF HOMELAND SECURITY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-04-261COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-6085391) filed by JOSHUA PHILLIPS. (Attachments: # 1 Exhibit A - FOIA Request, # 2 Exhibit B - FOIA Request, # 3 Civil Cover Sheet Civil Cover Sheet, # 4 Summons Summons)(Burday, Joshua) (Entered: 04/26/2019)
2019-04-262NOTICE of Appearance by Joshua Hart Burday on behalf of JOSHUA PHILLIPS (Burday, Joshua) (Entered: 04/26/2019)
2019-04-29Case Assigned to Judge Amy Berman Jackson. (zef, ) (Entered: 04/29/2019)
2019-04-293SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 04/29/2019)
2019-05-284RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 5/6/2019 (Topic, Matthew) (Entered: 05/28/2019)
2019-05-285RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on May 06, 2019. (Burday, Joshua) (Entered: 05/28/2019)
2019-05-286RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/7/2019. (Burday, Joshua) (Entered: 05/28/2019)
2019-05-287RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/8/2019. Answer due for ALL FEDERAL DEFENDANTS by 6/7/2019. (Burday, Joshua) (Entered: 05/28/2019)
2019-06-048Unopposed MOTION for Extension of Time to File Answer by U.S. DEPARTMENT OF HOMELAND SECURITY (McBride, Patricia) (Entered: 06/04/2019)
2019-06-07MINUTE ORDER granting 8 Motion for Extension of Time to Answer. Defendant must file an answer or other response to complaint by July 10, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 06/07/2019. (lcabj3) (Entered: 06/07/2019)
2019-07-099ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY.(McBride, Patricia) (Entered: 07/09/2019)
2019-07-10MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before August 7, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 07/10/2019. (lcabj3) (Entered: 07/10/2019)
2019-07-3010Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 07/30/2019)
2019-07-31MINUTE ORDER. The parties must submit an updated joint status report by August 28, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 07/31/2019. (lcabj3) (Entered: 07/31/2019)
2019-08-0611NOTICE of Appearance by Merrick Jason Wayne on behalf of JOSHUA PHILLIPS (Wayne, Merrick) (Entered: 08/06/2019)
2019-08-2812Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 08/28/2019)
2019-08-29MINUTE ORDER. The parties must submit an updated joint status report by September 27, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 08/29/2019. (lcabj3) (Entered: 08/29/2019)
2019-09-2613Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 09/26/2019)
2019-10-03MINUTE ORDER. The parties shall submit a joint status report on November 6, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/3/2019. (lcabj3, ) (Entered: 10/03/2019)
2019-11-0614Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 11/06/2019)
2019-11-08MINUTE ORDER. In light of the parties' 14 joint status report, it is ORDERED that the parties shall submit another status report by January 15, 2020. Signed by Judge Amy Berman Jackson on 11/8/2019. (lcabj3) (Entered: 11/08/2019)
2020-01-1515Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 01/15/2020)
2020-01-16MINUTE ORDER. In light of the parties' 15 joint status report, the parties must submit another status report by February 26, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/16/2020. (lcabj3) (Entered: 01/16/2020)
2020-02-2616Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 02/26/2020)
2020-02-27MINUTE ORDER. In light of the parties' 16 joint status report, the parties must file another status report by March 26, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/27/2020. (lcabj3) (Entered: 02/27/2020)
2020-03-2617Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 03/26/2020)
2020-03-27MINUTE ORDER. In light of the parties' 17 joint status report, the parties must submit another status report by May 7, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/27/2020. (lcabj3) (Entered: 03/27/2020)
2020-05-0718Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 05/07/2020)
2020-05-08MINUTE ORDER. In light of the parties' 18 joint status report, the parties must submit another joint status report by June 25, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/8/2020. (lcabj3) (Entered: 05/08/2020)
2020-06-2419Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 06/24/2020)
2020-06-24MINUTE ORDER. In light of the parties' 19 joint status report, the parties must submit another status report by September 3, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/24/2020. (lcabj3) (Entered: 06/24/2020)
2020-09-0220Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 09/02/2020)
2020-09-03MINUTE ORDER. In light of the parties' 20 joint status report, the parties must submit another status report by October 21, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/3/2020. (lcabj3) (Entered: 09/03/2020)
2020-10-2121Monthly STATUS REPORT by JOSHUA PHILLIPS. (Burday, Joshua) (Entered: 10/22/2020)
2020-10-28MINUTE ORDER. In light of plaintiff's 21 status report, the parties must submit a joint status report by November 20, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/28/2020. (lcabj2) (Entered: 10/28/2020)
2020-11-1922Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 11/19/2020)
2020-11-23MINUTE ORDER. In light of the parties' 22 joint status report, the Court ORDERS that the parties must submit another joint status report by January 7, 2021. Signed by Judge Amy Berman Jackson on 11/23/20. (lcabj2) (Entered: 11/23/2020)
2021-01-0623Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 01/06/2021)
2021-01-07MINUTE ORDER. In light of the parties' 23 joint status report, the Court ORDERS that the parties must submit another joint status report by March 10, 2021. Signed by Judge Amy Berman Jackson on 1/7/21. (lcabj2) (Entered: 01/07/2021)
2021-03-0924Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 03/09/2021)
2021-03-10MINUTE ORDER. In light of the parties' 24 joint status report, the Court ORDERS that the parties must submit another joint status report by May 10, 2021. Signed by Judge Amy Berman Jackson on 3/10/21. (lcabj2) (Entered: 03/10/2021)
2021-05-1025Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 05/10/2021)
2021-05-14MINUTE ORDER. In light of the parties' 25 joint status report, the Court ORDERS that the parties must submit another joint status report by June 17, 2021. Signed by Judge Amy Berman Jackson on 5/14/21. (lcabj2) (Entered: 05/14/2021)
2021-06-1726Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 06/17/2021)
2021-06-21MINUTE ORDER. In light of the parties' 26 joint status report, the Court ORDERS that the parties must submit another joint status report by August 17, 2021. Signed by Judge Amy Berman Jackson on 6/21/21. (lcabj2) (Entered: 06/21/2021)
2021-08-1827STATUS REPORT by JOSHUA PHILLIPS. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 08/18/2021)
2021-08-18MINUTE ORDER. In light of the parties' 27 joint status report, the Court ORDERS that the parties must submit another joint status report by September 16, 2021. Signed by Judge Amy Berman Jackson on 8/18/21. (lcabj2) (Entered: 08/18/2021)
2021-09-0228Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 09/02/2021)
2021-09-03MINUTE ORDER. In light of the parties' 28 joint status report, the Court ORDERS that the parties must submit another joint status report by November 3, 2021. Signed by Judge Amy Berman Jackson on 9/3/21. (lcabj2) (Entered: 09/03/2021)
2021-10-2829Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 10/28/2021)
2021-10-29MINUTE ORDER. In light of the parties' 29 joint status report, it is ORDERED that the parties must submit another joint status report by December 17, 2021. Signed by Judge Amy Berman Jackson on 10/29/21. (lcabj2) (Entered: 10/29/2021)
2022-01-10MINUTE ORDER. On October 29, 2021, based on the parties' 29 joint status report, the Court ordered that another status report must be filed by December 17, 2021. Nothing has been filed to date. Therefore, the parties must inform the Court of the status of the case by January 14, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 01/10/2022. (lcabj2) (Entered: 01/10/2022)
2022-01-1030Unopposed MOTION for Leave to File by DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 01/10/2022)
2022-01-12MINUTE ORDER granting 30 Motion for Leave to File. In light of the parties' 30 submission, it is ORDERED that the parties must submit another joint status report by March 8, 2022. Signed by Judge Amy Berman Jackson on 01/12/2022. (lcabj2) (Entered: 01/12/2022)
2022-03-0831Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 03/08/2022)
2022-03-09MINUTE ORDER. In light of the parties' 31 submission, it is ORDERED that the parties must submit another joint status report by May 5, 2022. Signed by Judge Amy Berman Jackson on 03/09/2022. (lcabj2) (Entered: 03/09/2022)
2022-05-0432NOTICE of Appearance by Joshua Loevy on behalf of JOSHUA PHILLIPS (Loevy, Joshua) (Entered: 05/04/2022)
2022-05-0533Joint STATUS REPORT by JOSHUA PHILLIPS. (Loevy, Joshua) (Entered: 05/05/2022)
2022-05-06MINUTE ORDER. In light of the parties' 33 joint status report, it is ORDERED that the parties must submit another joint status report by July 5, 2022. Signed by Judge Amy Berman Jackson on 05/06/2022. (lcabj2) (Entered: 05/06/2022)
2022-07-0534Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 07/05/2022)
2022-07-06MINUTE ORDER. In light of the parties' 34 joint status report, it is ORDERED that the parties must submit another joint status report by September 8, 2022. Signed by Judge Amy Berman Jackson on 07/06/2022.(lcabj2) (Entered: 07/06/2022)
2022-09-0835Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 09/08/2022)
2022-09-12MINUTE ORDER. In light of the parties' 35 joint status report, it is ORDERED that the parties must submit another joint status report by November 8, 2022. Signed by Judge Amy Berman Jackson on 09/12/2022. (lcabj2) (Entered: 09/12/2022)
2022-11-0836Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 11/08/2022)
2022-11-09MINUTE ORDER. In light of the parties' 36 joint status report, it is ORDERED that the parties must submit another joint status report by January 31, 2023. Signed by Judge Amy Berman Jackson on 11/09/2022. (lcabj2) (Entered: 11/09/2022)
2023-01-1937Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 01/19/2023)
2023-01-2038NOTICE of Appearance by Matthew Topic on behalf of JOSHUA PHILLIPS (Topic, Matthew) (Entered: 01/20/2023)
2023-01-2039MOTION to Withdraw as Attorney Joshua Burday by JOSHUA PHILLIPS. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 01/20/2023)
2023-01-23MINUTE ORDER. The 39 motion to withdraw Joshua Burday as counsel for plaintiff is hereby GRANTED. The Clerk of Court is directed to note the docket accordingly. SO ORDERED. Signed by Judge Amy Berman Jackson on 01/23/2023. (lcabj2) (Entered: 01/23/2023)
2023-01-23MINUTE ORDER. In light of the parties' 37 joint status report, it is ORDERED that the parties must submit another joint status report by April 12, 2023. Signed by Judge Amy Berman Jackson on 01/23/2023. (lcabj2) (Entered: 01/23/2023)
2023-04-1240Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 04/12/2023)
2023-04-13MINUTE ORDER. In light of the parties' 40 joint status report, it is ORDERED that the parties must submit another joint status report by June 12, 2023. Signed by Judge Amy Berman Jackson on 04/13/2023. (lcabj2) (Entered: 04/13/2023)
2023-06-1241Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 06/12/2023)
2023-06-14MINUTE ORDER. In light of the parties' 41 joint status report, it is ORDERED that the parties must submit another joint status report by August 21, 2023. Signed by Judge Amy Berman Jackson on 06/14/2023. (lcabj2) (Entered: 06/14/2023)
2023-08-2142Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 08/21/2023)
2023-08-23MINUTE ORDER. In light of the parties' 42 joint status report, it is ORDERED that the parties must submit another joint status report by October 20, 2023. Signed by Judge Amy Berman Jackson on 08/23/2023. (lcabj2) (Entered: 08/23/2023)
2023-10-1943Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 10/19/2023)
2023-10-20MINUTE ORDER. In light of the parties' 43 joint status report, it is ORDERED that the parties must submit another joint status report by January 19, 2024. Signed by Judge Amy Berman Jackson on 10/20/2023. (lcabj2) (Entered: 10/20/2023)
2023-10-20Set/Reset Deadlines/Hearings: Joint Status Report due by 1/19/2024. (zcdw) (Entered: 10/20/2023)
2024-01-1944Joint STATUS REPORT by JOSHUA PHILLIPS. (Wayne, Merrick) (Entered: 01/19/2024)
2024-01-23MINUTE ORDER. In light of the parties' 44 joint status report, it is ORDERED that the parties must submit another joint status report by March 19, 2024. Signed by Judge Amy Berman Jackson on 1/23/2024. (lcabj2) (Entered: 01/23/2024)
2024-03-1945Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 03/19/2024)
2024-03-20MINUTE ORDER. In light of the parties' 45 joint status report, it is ORDERED that the parties must submit another joint status report by May 20, 2024. Signed by Judge Amy Berman Jackson on 3/20/2024. (lcabj2) (Entered: 03/20/2024)
2024-05-1746Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 05/17/2024)
2024-05-20MINUTE ORDER. In light of the parties' 46 joint status report, it is ORDERED that the parties must submit another joint status report by July 20, 2024. Signed by Judge Amy Berman Jackson on 5/20/2024. (lcabj2) (Entered: 05/20/2024)
2024-07-1847Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia) (Entered: 07/18/2024)
2024-07-19MINUTE ORDER. In light of the parties' 47 joint status report, it is ORDERED that the parties must submit another joint status report by September 20, 2024. Signed by Judge Amy Berman Jackson on 7/19/2024. (lcabj2) (Entered: 07/19/2024)
2024-09-2348NOTICE OF SUBSTITUTION OF COUNSEL by Brian J. Levy on behalf of DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Patricia K. McBride (Levy, Brian) (Entered: 09/23/2024)
2024-09-2349Consent MOTION for Extension of Time to File Joint Status Report Nunc Pro Tunc by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 09/23/2024)
2024-09-2350Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 09/23/2024)
2024-09-24MINUTE ORDER granting 49 Motion for Extension of Time to File. It is ORDERED that defendant's motion is GRANTED nunc pro tunc. It is further ORDERED that, in light of the parties' 50 joint status report, the parties must file another joint status report by October 30, 2024. Signed by Judge Amy Berman Jackson on 9/24/2024. (lcabj2) (Entered: 09/24/2024)
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