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Case TitleHERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03179
Date Filed2023-10-24
Date ClosedOpen
JudgeChief Judge James E. Boasberg
PlaintiffHERITAGE FOUNDATION
PlaintiffMIKE HOWELL
Case DescriptionThe Heritage Foundation submitted a FOIA request to the Department of Homeland Security for records concerning itself with the search limited to the Office of the Secretary, the Office of Public Affairs, and the Center for Prevention Programs and Partnerships' Targeted Violence and Terrorism Prevention Program. The requests were limited by date from January 2021 to the present. The Heritage Foundation also requested a fee waiver. The agency acknowledged receipt of the request. The agency asked the Heritage Foundation to narrow its request. It narrowed the request by saying that it did not want press clippings. After hearing nothing further from the agency, the Heritage Foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-10-241COMPLAINT against DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 402 receipt number ADCDC-10441057) filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Civil Cover Sheet, # 9 Summons)(Edlow, Joseph) (Entered: 10/24/2023)
2023-10-242LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by HERITAGE FOUNDATION (Edlow, Joseph) (Entered: 10/24/2023)
2023-10-243NOTICE of Appearance by Samuel Everett Dewey on behalf of HERITAGE FOUNDATION, MIKE HOWELL (Dewey, Samuel) (Entered: 10/24/2023)
2023-10-25Case Assigned to Chief Judge James E. Boasberg. (zdp) (Entered: 10/25/2023)
2023-10-254SUMMONS (3) Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zdp) (Entered: 10/25/2023)
2023-11-075RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/02/2023. (Attachments: # 1 Exhibit Certified Mail Receipt, # 2 Exhibit USPS Tracker Printout)(Edlow, Joseph) (Entered: 11/07/2023)
2023-11-076RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 11/1/2023 (Attachments: # 1 Exhibit Certified Mail Receipt, # 2 Exhibit USPS Tracker Printout)(Edlow, Joseph) (Entered: 11/07/2023)
2023-11-077RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/2/2023. Answer due for ALL FEDERAL DEFENDANTS by 12/2/2023. (Attachments: # 1 Exhibit Certified Mail Receipt, # 2 Exhibit USPS Tracker Printout)(Edlow, Joseph) (Entered: 11/07/2023)
2023-11-168NOTICE of Appearance by Brian P. Hudak on behalf of DEPARTMENT OF HOMELAND SECURITY (Hudak, Brian) (Entered: 11/16/2023)
2023-11-169NOTICE of Non-Service by DEPARTMENT OF HOMELAND SECURITY (Hudak, Brian) (Entered: 11/16/2023)
2023-11-1710RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/17/2023. Answer due for ALL FEDERAL DEFENDANTS by 12/17/2023. (Attachments: # 1 Exhibit Printout of Email to Civil Process Clerk)(Edlow, Joseph) (Entered: 11/17/2023)
2023-12-1811NOTICE OF SUBSTITUTION OF COUNSEL by Jeremy S. Simon on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Brian P. Hudak (Simon, Jeremy) (Entered: 12/18/2023)
2023-12-1812ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY.(Simon, Jeremy) (Entered: 12/18/2023)
2023-12-18MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a joint proposed briefing schedule by January 2, 2024. So ORDERED by Chief Judge James E. Boasberg on 12/18/2023. (lcjeb2) (Entered: 12/18/2023)
2023-12-18Set/Reset Deadlines: Proposed Briefing Schedule due by 1/2/2024. (znbn) (Entered: 12/18/2023)
2023-12-2113Consent MOTION for Extension of Time to File Proposed Schedule by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 12/21/2023)
2023-12-21MINUTE ORDER: The Court ORDERS that: 1) The Consent 13 Motion for Extension of Time is GRANTED; and 2) The parties shall file their joint proposed briefing schedule by January 9, 2024. So ORDERED by Chief Judge James E. Boasberg on 12/21/2023. (lcjeb2) (Entered: 12/21/2023)
2023-12-21Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 1/9/2024. (znbn) (Entered: 12/21/2023)
2024-01-0914Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 01/09/2024)
2024-01-09MINUTE ORDER: The Court ADOPTS that parties' 14 Joint Status Report and ORDERS that they shall file a further joint status report by February 27, 2024. So ORDERED by Chief Judge James E. Boasberg on 1/9/2024. (lcjeb2) (Entered: 01/09/2024)
2024-01-09Set/Reset Deadlines: Joint Status Report due by 2/27/2024. (znbn) (Entered: 01/09/2024)
2024-02-2715Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 02/27/2024)
2024-02-27MINUTE ORDER: The Court ADOPTS that parties' 15 Joint Status Report and ORDERS that they shall file a further joint status report by March 27, 2024. So ORDERED by Chief Judge James E. Boasberg on 2/27/2024. (lcjeb2) (Entered: 02/27/2024)
2024-02-27Set/Reset Deadlines: Joint Status Report due by 3/27/2024. (znbn) (Entered: 02/29/2024)
2024-03-2716Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 03/27/2024)
2024-03-27MINUTE ORDER: The Court ADOPTS the parties' 16 Joint Status Report and ORDERS that they shall file a further joint status report by May 8, 2024. So ORDERED by Chief Judge James E. Boasberg on 3/27/2024. (lcjeb2) (Entered: 03/27/2024)
2024-03-27Set/Reset Deadlines: Status Report due by 5/8/2024. (znbn) (Entered: 03/27/2024)
2024-05-0817Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 05/08/2024)
2024-05-08MINUTE ORDER: The Court ADOPTS the parties' 17 Joint Status Report and ORDERS that they shall file a further joint status report by July 11, 2024. So ORDERED by Chief Judge James E. Boasberg on 5/8/2024. (lcjeb2) (Entered: 05/08/2024)
2024-05-08Set/Reset Deadlines: Joint Status Report due by 7/11/2024. (znbn) (Entered: 05/08/2024)
2024-07-1118Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 07/11/2024)
2024-07-11MINUTE ORDER: The Court ADOPTS the parties' 18 Joint Status Report and ORDERS that they shall file a further joint status report by September 10, 2024. So ORDERED by Chief Judge James E. Boasberg on 7/11/2024. (lcjeb2) (Entered: 07/11/2024)
2024-07-12Set/Reset Deadlines: Joint Status Report due by 9/10/2024. (znbn) (Entered: 07/12/2024)
2024-09-1019Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 09/10/2024)
2024-09-10MINUTE ORDER: The Court ADOPTS the parties' 19 Joint Status Report and ORDERS that they shall file a further joint status report by November 13, 2024. So ORDERED by Chief Judge James E. Boasberg on 9/10/2024. (lcjeb2) (Entered: 09/10/2024)
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