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Case TitleAmerica First Policy Institute v. Department of Homeland Security
DistrictNorthern District of Texas
CityFort Worth
Case Number4:2023cv01039
Date Filed2023-10-12
Date ClosedOpen
JudgeJudge Mark Pittman
PlaintiffAmerica First Policy Institute
Case DescriptionAmerica First Policy Institute submitted three FOIA requests to the Department of Homeland Security for records concerning communications between officers or employees of the Cybersecurity & Infrastructure Security Agency that were either sent or received from a list of email domain. AFPI also requested expedited processing and a fee waiver. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, AFPI filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDepartment of Homeland Security
DefendantMediator
ADR Provider
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-10-121COMPLAINT against All Defendants filed by America First Policy Institute. (Filing fee $402; Receipt number ATXNDC-14097798) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet) (Steinmann, Jessica) (Entered: 10/12/2023)
2023-10-122CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by America First Policy Institute. (Clerk QC note: No affiliate entered in ECF). (Steinmann, Jessica) (Entered: 10/12/2023)
2023-10-123New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (sre) (Entered: 10/12/2023)
2023-10-124Summons issued as to Department of Homeland Security, U.S. Attorney, and U.S. Attorney General. (sre) (Entered: 10/12/2023)
2023-10-245NOTICE of Attorney Appearance by Jessica Elizabeth Hart Steinmann for H. Dustin Fillmore III on behalf of America First Policy Institute. (Steinmann, Jessica) (Entered: 10/24/2023)
2023-11-086Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number BTXNDC-14162286) filed by America First Policy Institute (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order Proposed Order)Attorney Jase Panebianco added to party America First Policy Institute(pty:pla) (Panebianco, Jase) (Entered: 11/08/2023)
2023-11-097ELECTRONIC ORDER granting 6 Application for Admission Pro Hac Vice of Jase Panebianco. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 11/9/2023) (JAF) (Entered: 11/09/2023)
2023-11-308NOTICE of Attorney Appearance by Andrea Cohen Haim-DOJ on behalf of Department of Homeland Security. (Filer confirms contact info in ECF is current.) (Haim-DOJ, Andrea) (Entered: 11/30/2023)
2023-12-189ANSWER to 1 Complaint,,,, filed by Department of Homeland Security. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Haim-DOJ, Andrea) (Entered: 12/18/2023)
2023-12-1810CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Department of Homeland Security. (Clerk QC note: No affiliate entered in ECF). (Haim-DOJ, Andrea) (Entered: 12/18/2023)
2023-12-1911ORDER: Lead counsel for each party or designee attorney with appropriate authority and any unrepresented party must confer in an in-person, face-to-face conference as soon as practicable. As a result of the Scheduling Conference, counsel must prepare and submit a Report Regarding Contents of Scheduling Order by January 9, 2024. (Ordered by Judge Mark Pittman on 12/19/2023) (bdb) (Entered: 12/19/2023)
2024-01-0312MOTION Relief from this Court's Order requiring counsels' conference be in-person and face-to-face re 11 Order for Scheduling Order Proposal, filed by America First Policy Institute (Panebianco, Jase) (Entered: 01/03/2024)
2024-01-0413ORDER: Upon review of the 12 motion and the docket, the Motion is hereby DENIED. In the alternative, the Court EXTENDS the deadlines listed in Sections B and C of the Court's December 19, 2023 order by three weeks. The written Report Regarding Contents of the Scheduling Order must be filed by January 30, 2024. (Ordered by Judge Mark Pittman on 1/4/2024) (bdb) (Entered: 01/04/2024)
2024-01-3014Joint STATUS REPORT Regarding Contents of Scheduling Order filed by Department of Homeland Security. (Haim-DOJ, Andrea) (Entered: 01/30/2024)
2024-01-3115SCHEDULING ORDER: Bench Trial set for 4/21/2025 in US Courthouse, Courtroom 4th Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge Mark Pittman., Joinder of Parties due by 4/1/2024., Amended Pleadings due by 4/1/2024., Deadline for mediation is on or before 10/23/2024., Discovery due by 11/22/2024., Motions due by 12/23/2024., Pretrial Order due by 3/27/2025., ADR Provider, Mediator David Evans, added. (Ordered by Judge Mark Pittman on 1/31/2024) (sre) (Entered: 01/31/2024)
2024-08-1216Joint MOTION to Amend/Correct 15 Scheduling Order,, Add and Terminate Parties, filed by Department of Homeland Security (Haim-DOJ, Andrea) (Entered: 08/12/2024)
2024-08-1317AMENDED SCHEDULING ORDER: Bench Trial reset for 6/23/2025 in US Courthouse, Courtroom 4th Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge Mark Pittman., Deadline for mediation is on or before 12/22/2024., Discovery due by 1/21/2025., Motions due by 2/21/2025., Pretrial Order due by 5/26/2025. (Ordered by Judge Mark Pittman on 8/13/2024) (sre) (Entered: 08/13/2024)
2024-09-1218Unopposed MOTION to Withdraw as Attorney filed by America First Policy Institute (Attachments: # 1 Affirmation of Service, # 2 Proposed Order Proposed Order) (Panebianco, Jase) (Entered: 09/12/2024)
2024-09-1319ELECTRONIC ORDER granting 18 Plaintiffs' Counsel Jase Panebianco's Motion to Withdraw as Attorney. It is hereby ordered that the Motion is granted. It is further ordered that Jase Panebianco is fully relieved of his duties to Plaintiff, the Court, and the opposing attorneys in this matter. (Ordered by Judge Mark Pittman on September 13, 2024) (WRA) (Entered: 09/13/2024)
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