| Date Filed | Doc # | Docket Text |
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| 2023-05-01 | 1 | COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 402 receipt number ADCDC-10035766) filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Civil Cover Sheet, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Exhibit 12, # 17 Exhibit 13, # 18 Exhibit 14, # 19 Exhibit 15, # 20 Exhibit 16)(Dewey, Samuel) (Entered: 05/01/2023) |
| 2023-05-01 | 2 | NOTICE of Appearance by Roman Jankowski on behalf of All Plaintiffs (Jankowski, Roman) (Entered: 05/01/2023) |
| 2023-05-01 | | Case Assigned to Judge Carl J. Nichols. (zsl) (Entered: 05/01/2023) |
| 2023-05-01 | 3 | SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 05/01/2023) |
| 2023-05-01 | 4 | NOTICE of Appearance by Daniel D. Mauler on behalf of All Plaintiffs (Mauler, Daniel) (Entered: 05/01/2023) |
| 2023-05-01 | 5 | NOTICE of Appearance by John Bardo on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY (Bardo, John) (Entered: 05/01/2023) |
| 2023-05-02 | 6 | STANDING ORDER. Signed by Judge Carl J. Nichols on May 2, 2023. (lccjn3) (Entered: 05/02/2023) |
| 2023-05-05 | 7 | AMENDED COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Exhibit Redline, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17)(Dewey, Samuel) (Entered: 05/05/2023) |
| 2023-05-10 | 8 | ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/1/2023. Answer due for ALL FEDERAL DEFENDANTS by 5/31/2023. (Dewey, Samuel) Modified on 5/15/2023. Counsel has refiled pleading (zed). (Entered: 05/10/2023) |
| 2023-05-10 | 9 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/1/2023. Answer due for ALL FEDERAL DEFENDANTS by 5/31/2023. (Dewey, Samuel) (Entered: 05/10/2023) |
| 2023-05-10 | 10 | WITHDRAWN PURSUANT TO NOTICE FILED ON 6/14/2023.....MOTION for Preliminary Injunction by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration of Samuel Everett Dewey, # 4 Exhibit Dewey Decl. Ex. 1)(Dewey, Samuel) Modified on 6/14/2023 (zed). (Entered: 05/10/2023) |
| 2023-05-10 | 11 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General May 3, 2023. (Dewey, Samuel) (Entered: 05/10/2023) |
| 2023-05-10 | 12 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 5/2/2023 (Dewey, Samuel) (Entered: 05/10/2023) |
| 2023-05-11 | | MINUTE ORDER. In light of Plaintiffs' 10 Motion for Preliminary Injunction, it is hereby ORDERED that on or before Monday, May 15, 2023, at 5:00 PM, the Parties shall meet, confer, and file a Joint Status Report addressing the following issues: (1) a proposed briefing schedule for Plaintiffs' 10 Motion; (2) a statement addressing whether a hearing on the Motion is necessary, and if so, a proposed date for such a hearing; and (3) a statement addressing whether the Parties anticipate factual disputes between declarants, and if so, a statement addressing whether the Parties believe an evidentiary hearing will be necessary to resolve the disputes and a proposal for proceeding with such a hearing, see LCvR 65.1(d). The Parties may also address any other issues that they believe will be helpful to the Court. Any disagreements should be noted in the Joint Status Report. Signed by Judge Carl J. Nichols on May 11, 2023. (lccjn3) (Entered: 05/11/2023) |
| 2023-05-15 | 13 | Joint STATUS REPORT by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 05/15/2023) |
| 2023-05-17 | | MINUTE ORDER. Upon consideration of 13 Joint Status Report, it is hereby ORDERED that Defendant's Response to the Motion for Preliminary Injunction be filed on or before May 26, 2023, and Plaintiffs' reply to be filed on or before June 2, 2023. It is further ORDERED that the parties appear for a hearing on the Motion on June 6, 2023, in Courtroom 17 at 2:30 PM. Signed by Judge Carl J. Nichols on May 17, 2023. (lccjn3) (Entered: 05/17/2023) |
| 2023-05-26 | 14 | Memorandum in opposition to re 10 Motion for Preliminary Injunction filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Text of Proposed Order)(Bardo, John) (Entered: 05/26/2023) |
| 2023-05-31 | 15 | ANSWER to 7 Amended Complaint, by U.S. DEPARTMENT OF HOMELAND SECURITY.(Bardo, John) (Entered: 05/31/2023) |
| 2023-06-02 | 16 | REPLY to opposition to motion re 10 MOTION for Preliminary Injunction filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Declaration of Samuel Everett Dewey, # 2 Exhibit 1 to Dewey Decl., # 3 Exhibit 2 to Dewey Decl., # 4 Exhibit 3 to Dewey Decl., # 5 Exhibit 4 to Dewey Decl., # 6 Exhibit 5 to Dewey Decl., # 7 Exhibit 6 to Dewey Decl.)(Dewey, Samuel) (Entered: 06/02/2023) |
| 2023-06-06 | 17 | NOTICE of Appearance by Eric Neal Cornett on behalf of All Plaintiffs (Cornett, Eric) (Entered: 06/06/2023) |
| 2023-06-06 | | Minute Entry for proceedings held before Judge Carl J. Nichols: Motion Hearing held on 6/6/2023 re 10 Motion For Preliminary Injunction. The Court Heard Oral Arguments From The Parties. Motion Is Currently Under Advisement. (Court Reporter LISA EDWARDS.) (mac) (Entered: 06/06/2023) |
| 2023-06-14 | 18 | NOTICE OF WITHDRAWAL OF MOTION by HERITAGE FOUNDATION, MIKE HOWELL re 10 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 1)(Dewey, Samuel) (Entered: 06/14/2023) |
| 2023-06-16 | 19 | TRANSCRIPT OF MOTION FOR PRELIMINARY INJUNCTION before Judge Carl J. Nichols held on June 6, 2023; Page Numbers: 1-38. Date of Issuance: June 16, 2023. Court Reporter/Transcriber Lisa Edwards. Telephone number (202) 354-3269. 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 7/7/2023. Redacted Transcript Deadline set for 7/17/2023. Release of Transcript Restriction set for 9/14/2023.(zlfe) (Entered: 06/16/2023) |
| 2023-06-28 | | MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. Pursuant to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before July 7, 2023. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated dates for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiff's request and any discussions regarding whether Plaintiff's request can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on June 28, 2023. (lccjn3) (Entered: 06/28/2023) |
| 2023-07-07 | 20 | MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Bardo, John) (Entered: 07/07/2023) |
| 2023-07-07 | 21 | STATUS REPORT by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Exhibit 1)(Dewey, Samuel) (Entered: 07/07/2023) |
| 2023-07-10 | | MINUTE ORDER. Upon consideration of 20 Motion for Extension, it is hereby ORDERED that the Motion is GRANTED. Parties shall file their joint meet & confer statement on or before July 11, 2023. Signed by Judge Carl J. Nichols on July 10, 2023. (lccjn3) (Entered: 07/10/2023) |
| 2023-07-11 | 22 | STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Bardo, John) (Entered: 07/11/2023) |
| 2023-07-17 | | MINUTE ORDER. Upon consideration of the Parties' Meet & Confer Statement, it is hereby ORDERED that the Defendant shall file its Motion for Summary Judgment on or before August 28, 2023; Plaintiffs shall file their Opposition and Cross-Motion for Summary Judgment on or before October 2, 2023; Defendant shall file its Reply and Cross-Opposition on or before October 23, 2023; and Plaintiffs shall file their Reply on or before November 13, 2023. Signed by Judge Carl J. Nichols on July 17, 2023. (lccjn3) (Entered: 07/17/2023) |
| 2023-08-28 | 23 | MOTION for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit Exhibit 1, # 4 Exhibit Exhibit 1A, # 5 Exhibit Exhibit 2, # 6 Exhibit Exhibit 2A, # 7 Exhibit Exhibit 2B, # 8 Exhibit Exhibit 3, # 9 Text of Proposed Order)(Bardo, John) (Entered: 08/28/2023) |
| 2023-09-28 | 24 | Consent MOTION to Modify Scheduling Order by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 09/28/2023) |
| 2023-10-02 | | MINUTE ORDER. Upon consideration of 24 Consent Motion to Modify Scheduling Order, it is hereby ORDERED that Plaintiffs shall file their Opposition and Cross-Motion for Summary Judgment on or before October 9, 2023, that Plaintiffs Shall File Their Motion to Strike Or in the Alternative Take Discovery on or before October 9, 2023, Defendant shall file its Reply and Cross-Opposition on or before November 13, 2023, Defendants Shall File Their Opposition to Plaintiffs Motion to Strike or in the Alternative to Take Discovery on November 13, 2023, and Plaintiffs shall file their replies in support of their Motion / Cross Motion for Summary Judgement and Motion to Strike or in the Alternative to Take Discovery on or before December 4, 2023. (lccjn3) (Entered: 10/02/2023) |
| 2023-10-09 | 25 | Memorandum in opposition to re 23 Motion for Summary Judgment, filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Statement of Facts)(Dewey, Samuel) Modified on 10/10/2023 to correct filing date (mg). (Entered: 10/10/2023) |
| 2023-10-09 | 26 | Cross MOTION for Partial Summary Judgment by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts)(Dewey, Samuel) Modified on 10/10/2023 to correct filing date (mg). (Entered: 10/10/2023) |
| 2023-10-09 | 27 | DECLARATION of Leonard D.M. Saunders by HERITAGE FOUNDATION, MIKE HOWELL re 26 Cross MOTION for Partial Summary Judgment , 23 MOTION for Summary Judgment . (Dewey, Samuel) Modified on 10/10/2023 to correct filing date (mg). (Entered: 10/10/2023) |
| 2023-10-09 | 28 | DECLARATION of Andrew Arthur by HERITAGE FOUNDATION, MIKE HOWELL re 26 Cross MOTION for Partial Summary Judgment , 23 MOTION for Summary Judgment . (Attachments: # 1 Exhibit 1)(Dewey, Samuel) Modified on 10/10/2023 to correct filing date (mg). (Entered: 10/10/2023) |
| 2023-10-09 | 29 | DECLARATION of Samuel Everett Dewey by HERITAGE FOUNDATION, MIKE HOWELL re 26 Cross MOTION for Partial Summary Judgment , 23 MOTION for Summary Judgment . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Dewey, Samuel) Modified on 10/10/2023 to correct filing date (mg). (Entered: 10/10/2023) |
| 2023-10-09 | 30 | Partial MOTION to Strike 23 MOTION for Summary Judgment or in the Alternative for Discovery by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Memorandum in Support)(Dewey, Samuel) Modified on 10/10/2023 to correct filing date (mg). (Entered: 10/10/2023) |
| 2023-11-13 | 31 | REPLY to opposition to motion re 23 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Bardo, John) (Entered: 11/13/2023) |
| 2023-11-13 | 32 | Memorandum in opposition to re 26 Motion for Partial Summary Judgment filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Bardo, John) (Entered: 11/13/2023) |
| 2023-11-13 | 33 | Memorandum in opposition to re 30 Motion to Strike, filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Bardo, John) (Entered: 11/13/2023) |
| 2023-12-04 | 34 | REPLY to opposition to motion re 30 Partial MOTION to Strike 23 MOTION for Summary Judgment or in the Alternative for Discovery filed by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 12/04/2023) |
| 2023-12-04 | 35 | REPLY to opposition to motion re 26 Cross MOTION for Partial Summary Judgment filed by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 12/04/2023) |
| 2024-01-25 | | MINUTE ORDER. Upon consideration of 23 Motion for Summary Judgment by U.S. Department of Homeland Security, 26 Cross Motion for Partial Summary Judgment, and 30 Partial Motion to Strike motion for Summary Judgment by U.S. Department of Homeland Security, it is hereby ORDERED that the parties shall appear in-person for oral argument on the motions before Judge Carl J. Nichols in Courtroom 17 on Friday, February 23, 2024 at 2:30 p.m. So Ordered by Judge Carl J. Nichols on 1/25/2024. (lccjn3) (Entered: 01/25/2024) |
| 2024-02-20 | 36 | DECLARATION of Samuel Everett Dewey by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Dewey, Samuel) (Entered: 02/20/2024) |
| 2024-02-23 | | Minute Entry for proceedings held before Judge Carl J. Nichols: Motion Hearing held on 2/23/2024 re 23 , 26 , 30 . Motions Taken Under Advisement. Further Order to be issued by the Court. Court Reporter: Lorraine Herman. (zcam) (Entered: 02/23/2024) |
| 2024-02-25 | 37 | TRANSCRIPT OF MOTION HEARING PROCEEDINGS before Judge Carl J. Nichols, held on February 23, 2024. Page Numbers: 1-53. Date of Issuance: February 25, 2024. Court Reporter: Lorraine Herman. Email: Lorraine_Herman@dcd.uscourts.gov. 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 3/17/2024. Redacted Transcript Deadline set for 3/27/2024. Release of Transcript Restriction set for 5/25/2024.(Herman, Lorraine) (Entered: 02/25/2024) |
| 2024-03-07 | 38 | ORDER directing in camera review. Signed by Judge Carl J. Nichols on 3/7/2024. (lccjn3) (Entered: 03/07/2024) |
| 2024-03-09 | 39 | NOTICE OF SUPPLEMENTAL AUTHORITY by HERITAGE FOUNDATION, MIKE HOWELL (Attachments: # 1 Exhibit 1)(Dewey, Samuel) (Entered: 03/09/2024) |
| 2024-03-17 | 40 | MOTION for Extension of Time to Comply With the Court's Order for an In Camera Review by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Bardo, John) (Entered: 03/17/2024) |
| 2024-03-19 | | MINUTE ORDER. Upon consideration of Defendant's 40 Motion for Extension of Time to Comply with the Court's Order for in camera Review, it is hereby ORDERED that the Motion is GRANTED. It is FURTHER ORDERED that, on or before April 4, 2024, Defendant shall submit to the Court in camera a declaration or declarations that detail, with particularity, the records it is withholding and the particular harm that would arise from public disclosure of them. So Ordered by Judge Carl J. Nichols on 3/19/2024. (lccjn3) (Entered: 03/19/2024) |
| 2024-04-04 | 41 | NOTICE of Compliance with the Court's Order re 38 by U.S. DEPARTMENT OF HOMELAND SECURITY (Bardo, John) Modified to add link on 4/5/2024 (zdp). (Entered: 04/04/2024) |
| 2024-04-12 | 42 | NOTICE OF SUPPLEMENTAL AUTHORITY by HERITAGE FOUNDATION, MIKE HOWELL (Dewey, Samuel) (Entered: 04/12/2024) |
| 2024-04-12 | 43 | DECLARATION of Samuel Everett Dewey by HERITAGE FOUNDATION, MIKE HOWELL re 42 NOTICE OF SUPPLEMENTAL AUTHORITY. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Dewey, Samuel) (Entered: 04/12/2024) |
| 2024-04-23 | 44 | RESPONSE re 42 NOTICE OF SUPPLEMENTAL AUTHORITY filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Bardo, John) (Entered: 04/23/2024) |
| 2024-08-15 | 45 | SEALED EX PARTE ORDER. Signed by Judge Carl J. Nichols on 8/15/2024. (This document is SEALED and only available to authorized persons.)(zcam) (Entered: 08/16/2024) |
| 2024-09-09 | 46 | SEALED EX PARTE ORDER. Signed by Judge Carl J. Nichols on 9/9/2024. (This document is SEALED and only available to authorized persons.)(zcam) (Entered: 09/09/2024) |
| 2024-09-09 | 47 | SEALED EX PARTE MEMORANDUM OPINION. Signed by Judge Carl J. Nichols on 9/9/2024. (This document is SEALED and only available to authorized persons.) (zcam) (Entered: 09/09/2024) |
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