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Case TitlePROJECT SOUTH: THE INSTITUTION FOR THE ELIMINATION OF POVERTY AND GENOCIDE, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv00151
Date Filed2022-01-21
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffPROJECT SOUTH: THE INSTITUTION FOR THE ELIMINATION OF POVERTY AND GENOCIDE, INC.
Case DescriptionProject South submitted FOIA requests to the Department of Homeland Security and the Department of Justice for records concerning the surveillance or monitoring of social media accounts belonging to Project South's founders and members. The agencies acknowledged receipt of the requests. DHS issued a Glomar response neither confirming nor denying the existence of records. The FBI told Project South that it could find no records by using a keyword search. Project South filed administrative appeals of the decisions by both agencies. The FBI upheld its no records decision. Project South then filed suit against both agencies.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
DefendantU.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
DefendantFEDERAL BUREAU OF INVESTIGATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-01-211COMPLAINT against All Defendants U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 402 receipt number ADCDC-8995002) filed by PROJECT SOUTH: THE INSTITUTION FOR THE ELIMINATION OF POVERTY AND GENOCIDE, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Davis, Ahmed) (Entered: 01/21/2022)
2022-01-212LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PROJECT SOUTH: THE INSTITUTION FOR THE ELIMINATION OF POVERTY AND GENOCIDE, INC. (Davis, Ahmed) (Entered: 01/21/2022)
2022-01-24NOTICE OF ERROR re 1 Complaint; emailed to davis@fr.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. No signature. Please file the signed document using the event Errata. All filings must have an original signature or '/s/ Attorney Name' to represent an electronic signature of the filer., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmg, ) (Entered: 01/24/2022)
2022-01-243ERRATA Civil Cover Sheet by PROJECT SOUTH: THE INSTITUTION FOR THE ELIMINATION OF POVERTY AND GENOCIDE, INC. re 1 Complaint, filed by PROJECT SOUTH: THE INSTITUTION FOR THE ELIMINATION OF POVERTY AND GENOCIDE, INC.. (Davis, Ahmed) (Entered: 01/24/2022)
2022-01-24Case Assigned to Judge Tanya S. Chutkan. (znmg) (Entered: 01/24/2022)
2022-01-274SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(rj) (Entered: 01/27/2022)
2022-02-075MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jonathan B. Bright, Filing fee $ 100, receipt number ADCDC-9027780. Fee Status: Fee Paid. by PROJECT SOUTH: THE INSTITUTION FOR THE ELIMINATION OF POVERTY AND GENOCIDE, INC.. (Attachments: # 1 Declaration of Jonathan B. Bright, # 2 Text of Proposed Order)(Davis, Ahmed) (Entered: 02/07/2022)
2022-02-076MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brian P. Boyd, Filing fee $ 100, receipt number ADCDC-9028775. Fee Status: Fee Paid. by PROJECT SOUTH: THE INSTITUTION FOR THE ELIMINATION OF POVERTY AND GENOCIDE, INC.. (Attachments: # 1 Declaration of Brian P. Boyd, # 2 Text of Proposed Order)(Davis, Ahmed) (Entered: 02/07/2022)
2022-02-077MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Noah C. Graubart, Filing fee $ 100, receipt number ADCDC-9028801. Fee Status: Fee Paid. by PROJECT SOUTH: THE INSTITUTION FOR THE ELIMINATION OF POVERTY AND GENOCIDE, INC.. (Attachments: # 1 Declaration of Noah C. Graubart, # 2 Text of Proposed Order)(Davis, Ahmed) (Entered: 02/07/2022)
2022-02-078MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thad C. Kodish, Filing fee $ 100, receipt number ADCDC-9028819. Fee Status: Fee Paid. by PROJECT SOUTH: THE INSTITUTION FOR THE ELIMINATION OF POVERTY AND GENOCIDE, INC.. (Attachments: # 1 Declaration of Thad C. Kodish, # 2 Text of Proposed Order)(Davis, Ahmed) (Entered: 02/07/2022)
2022-02-119RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/8/2022. Answer due for ALL FEDERAL DEFENDANTS by 3/10/2022. (Attachments: # 1 Affidavit Of Process Server)(Davis, Ahmed) Modified dates on 2/14/2022 (znmw). (Entered: 02/11/2022)
2022-02-1110RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 2/3/2022 (Attachments: # 1 Affidavit Of Process Server)(Davis, Ahmed) (Entered: 02/11/2022)
2022-02-14Set/Reset Deadlines: Answer due by 3/10/2022. (znmw) (Entered: 02/14/2022)
2022-03-0711NOTICE of Appearance by Stephen DeGenaro on behalf of All Defendants (DeGenaro, Stephen) (Entered: 03/07/2022)
2022-03-0712Consent MOTION for Extension of Time to Respond to the Complaint by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 03/07/2022)
2022-03-07MINUTE ORDER: Granting Consent 12 Motion for Extension of Deadlines. Defendant shall answer or otherwise respond to the Complaint by April 11, 2022. Signed by Judge Tanya S. Chutkan on 3/7/22. (DJS) (Entered: 03/07/2022)
2022-03-08Set/Reset Deadlines: Answer due by 4/11/2022. (tb) (Entered: 03/08/2022)
2022-03-1113RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/09/2022. (Attachments: # 1 Exhibit A)(Davis, Ahmed) (Entered: 03/11/2022)
2022-03-1114RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT served on 2/8/2022 (Attachments: # 1 Exhibit A)(Davis, Ahmed) (Entered: 03/11/2022)
2022-03-1115RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 2/8/2022 (Attachments: # 1 Exhibit A)(Davis, Ahmed) (Entered: 03/11/2022)
2022-04-05MINUTE ORDER: Granting 5 , 6 , 7 , 8 Motions for Leave to Appear Pro Hac Vice. Jonathan B. Bright, Brian P. Boyd, Noah C. Graubart, and Thad C. Kodish are hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Counsel should register for e-filing via PACER and file notices of appearance pursuant to LCvR 83.6(a) . Signed by Judge Tanya S. Chutkan on 04/05/2022. (lcwk) (Entered: 04/05/2022)
2022-04-1116ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT.(DeGenaro, Stephen) (Entered: 04/11/2022)
2022-04-1317NOTICE of Appearance by Brian Boyd on behalf of PROJECT SOUTH: THE INSTITUTION FOR THE ELIMINATION OF POVERTY AND GENOCIDE, INC. (Boyd, Brian) (Entered: 04/13/2022)
2022-04-1318NOTICE of Appearance by Jonathan Benjamin Bright on behalf of PROJECT SOUTH: THE INSTITUTION FOR THE ELIMINATION OF POVERTY AND GENOCIDE, INC. (Bright, Jonathan) (Entered: 04/13/2022)
2022-04-1319NOTICE of Appearance by Noah C. Graubart on behalf of PROJECT SOUTH: THE INSTITUTION FOR THE ELIMINATION OF POVERTY AND GENOCIDE, INC. (Graubart, Noah) (Entered: 04/13/2022)
2022-04-1320NOTICE of Appearance by Thad C. Kodish on behalf of PROJECT SOUTH: THE INSTITUTION FOR THE ELIMINATION OF POVERTY AND GENOCIDE, INC. (Kodish, Thad) (Entered: 04/13/2022)
2022-04-29MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than 6/13/22. The joint status report shall be accompanied by a proposed order Signed by Judge Tanya S. Chutkan on 4/29/22. (DJS) (Entered: 04/29/2022)
2022-05-02Set/Reset Deadlines: Joint Status Report due by 6/13/2022. (tb) (Entered: 05/02/2022)
2022-06-1321Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 06/13/2022)
2022-07-1322Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 07/13/2022)
2022-07-13MINUTE ORDER: Having considered the parties' joint status report, it is hereby ordered that the parties shall file another joint report by August 12, 2022, and every 30 days thereafter. To the the parties propose a change in the status quo, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 7/13/22. (DJS) (Entered: 07/13/2022)
2022-07-13Set/Reset Deadlines: Joint Status Report due by 8/12/2022. (jth) (Entered: 07/13/2022)
2022-08-1223Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 08/12/2022)
2022-09-1224Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 09/12/2022)
2022-11-0425NOTICE OF SUBSTITUTION OF COUNSEL by Christina O'Tousa on behalf of FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT Substituting for attorney Stephen DeGenaro (O'Tousa, Christina) (Entered: 11/04/2022)
2022-11-1026Consent MOTION for Extension of Time to File Joint Status Report by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (O'Tousa, Christina) (Entered: 11/10/2022)
2022-11-1627Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(O'Tousa, Christina) (Entered: 11/16/2022)
2022-12-05MINUTE ORDER: Upon consideration of the Parties' 26 Consent Motion for Extension of Time to File Joint Status Report and 27 Joint Status Report, the court denies the 26 Consent Motion for Extension of Time as moot. Parties shall file another Joint Status Report no later than February 8, 2023, updating the Court on the status of Defendant's processing of Plaintiff's FOIA requests and any agreements reached between the parties regarding the processing of the FOIA requests. Signed by Judge Tanya S. Chutkan on 12/5/2022. (lcsr) (Entered: 12/05/2022)
2022-12-07Set/Reset Deadlines: Joint Status Report due by 2/8/2023. (tb) (Entered: 12/07/2022)
2023-02-0328NOTICE OF SUBSTITUTION OF COUNSEL by Fithawi Berhane on behalf of FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT Substituting for attorney Christina O'Tousa (Berhane, Fithawi) (Entered: 02/03/2023)
2023-02-0829Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Berhane, Fithawi) (Entered: 02/08/2023)
2023-04-0530Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Berhane, Fithawi) (Entered: 04/05/2023)
2023-06-0531Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 06/05/2023)
2023-08-0732Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 08/07/2023)
2023-08-08MINUTE ORDER: Having considered the parties' 32 joint status report, it is hereby ordered that the parties shall file another joint report by October 9, 2023, and every 60 days thereafter. The parties shall update the Court on the status of Defendant's processing of Plaintiff's FOIA requests and any agreements reached between the parties regarding the processing of the FOIA requests. If the parties propose a change in the status quo, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 8/8/23. (lcsr) (Entered: 08/08/2023)
2023-08-09Set/Reset Deadline: Joint Status Report due by 10/9/2023. (jth) (Entered: 08/09/2023)
2023-10-1033Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Berhane, Fithawi) (Entered: 10/10/2023)
2023-12-1334Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Berhane, Fithawi) (Entered: 12/13/2023)
2024-02-1335Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Berhane, Fithawi) (Entered: 02/13/2024)
2024-03-1536Joint STATUS REPORT by PROJECT SOUTH: THE INSTITUTION FOR THE ELIMINATION OF POVERTY AND GENOCIDE, INC.. (Graubart, Noah) (Entered: 03/15/2024)
2024-05-1537Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Berhane, Fithawi) (Entered: 05/15/2024)
2024-07-22MINUTE ORDER: On August 8, 2023, this court entered an order directing the parties in this FOIA action to file a joint status report by 10/9/23 and every 60 days thereafter. The parties filed their last report on 5/15/2024 and have not sought to be relieved from the obligation of filing reports. Accordingly, the parties shall file a joint status report by 7/29/24 and every 60 days thereafter. If the parties propose a change in the status quo, the report shall be accompanied by a proposed order. Failure to comply with this order may result in dismissal of this action without further notice for failure to prosecute. Signed by Judge Tanya S. Chutkan on 7/22/2024. (lca) (Entered: 07/22/2024)
2024-07-2938Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Berhane, Fithawi) (Entered: 07/29/2024)
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