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Case TitleMCGINN v. MAYORKAS et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00008
Date Filed2024-01-02
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffTHOMAS J. MCGINN, III DVM
Case DescriptionThomas McGinn, a whistleblower, submitted three FOIA requests to the Department of Homeland Security for records. The first two requests asked for records about himself. The third request asked for records about his OSC complaints. The agency acknowledged receipt of the requests. The agency asked for clarification of the two requests about himself and was told they were too broad to search. The agency located 201 pages of responsive records about the third request. However, after hearing nothing further from the agency, McGinn filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Choice of format, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantALEJANDRO MAYORKAS in his official capacity as Secretary of the Department of Homeland Security
DefendantALEJANDRO N. MAYORKAS in his official capacity as Secretary of the 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

2024-01-021COMPLAINT by not against THOMAS J. MCGINN Plaintiff ( Filing fee $ 405 receipt number ADCDC-10591090) filed by THOMAS J. MCGINN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General Merrick Garland, # 3 Summons U.S. Attorney Matthew Graves, # 4 Summons Secretary of Department of Homeland Security)(Harrison, Mick) (Entered: 01/02/2024)
2024-01-03Case Assigned to Judge Trevor N. McFadden. (zsl) (Entered: 01/03/2024)
2024-01-032STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/3/2024. (lctnm3) (Entered: 01/03/2024)
2024-01-043SUMMONS (3) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 01/04/2024)
2024-03-05MINUTE ORDER: Plaintiff filed the Complaint in this case on January 2, 2024. As of the date of this Order, the public docket reflects that Plaintiff has yet to file proof of service on each Defendant. Federal Rule of Civil Procedure 4(m) requires service on each Defendant no later than 90 days after the Complaint is filed, which, in this case, is April 1, 2024. The Court ORDERS Plaintiff to cause process to be served on each Defendant and file proof of such service by April 1, 2024. Failure to either do so or to establish good cause for the failure to do so will result in the dismissal of this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/4/2024. (lctnm3) (Entered: 03/05/2024)
2024-03-05Set/Reset Deadlines: Proof of service due by 4/1/2024. (hmc) (Entered: 03/05/2024)
2024-03-074ANSWER to Complaint by DEPARTMENT OF HOMELAND SECURITY, ALEJANDRO N. MAYORKAS.(Littman, M.) (Entered: 03/07/2024)
2024-03-07MINUTE ORDER: Before the Court are a Complaint and Answer in this FOIA case. It is hereby ORDERED that the parties meet and confer and that they then file a Joint Status Report proposing a schedule for proceeding in this matter. That JSR should address, among other things, 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, and a briefing schedule for dispositive motions, if required. The parties shall file the JSR on or before April 8, 2024. Signed by Judge Trevor N. McFadden on 3/7/2024. (lctnm3) (Entered: 03/07/2024)
2024-03-075NOTICE of Appearance by M. Jared Littman on behalf of All Defendants (Littman, M.) (Entered: 03/07/2024)
2024-04-016RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 2/2/2024; ALEJANDRO N. MAYORKAS served on 2/2/2024 (Attachments: # 1 Exhibit 1 Proof of Service)(Harrison, Mick) (Entered: 04/01/2024)
2024-04-017RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/05/2024. (Attachments: # 1 Exhibit 1 Proof of Service)(Harrison, Mick) (Entered: 04/01/2024)
2024-04-018RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/5/2024. Answer due for ALL FEDERAL DEFENDANTS by 3/6/2024. (Attachments: # 1 Exhibit 1 Proof of Service)(Harrison, Mick) (Entered: 04/01/2024)
2024-04-089Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, ALEJANDRO N. MAYORKAS. (Littman, M.) (Entered: 04/08/2024)
2024-04-08MINUTE ORDER: In light of the 9 Joint Status Report, the Court ORDERS the parties to file another JSR on or before June 7, 2024 and every sixty days thereafter. SO ORDERED . Signed by Judge Trevor N. McFadden on 4/8/2024. (lctnm3) (Entered: 04/08/2024)
2024-06-0610Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, ALEJANDRO N. MAYORKAS. (Littman, M.) (Entered: 06/06/2024)
2024-08-0511Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, ALEJANDRO N. MAYORKAS. (Littman, M.) (Entered: 08/05/2024)
2024-08-05MINUTE ORDER: After considering the 11 Joint Status Report, the Court ORDERS the parties to file another JSR by September 13, 2024, updating the Court on the progress of their resolution efforts. The Court FURTHER ORDERS that after all productions are complete and before parties propose a briefing schedule for summary judgment motions they shall meet in-person to discuss the sufficiency of Defendant's productions. Any request for a briefing schedule must certify this meeting has occurred and that despite good-faith negotiations, no resolution between the parties is possible. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/5/2024. (lctnm3) (Entered: 08/05/2024)
2024-09-1312Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, ALEJANDRO N. MAYORKAS. (Littman, M.) (Entered: 09/13/2024)
2024-09-18MINUTE ORDER: Upon consideration of the parties' 12 Joint Status Report, the Court ORDERS that the parties file another Joint Status Report on or before October 25, 2024. Signed by Judge Trevor N. McFadden on 09/18/2024. (lctnm3). (Entered: 09/18/2024)
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