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Case TitlePHILLIPS v. U.S. DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02916
Date Filed2018-12-12
Date ClosedOpen
JudgeCircuit Judge Florence Y Pan
PlaintiffJOSHUA PHILLIPS
Case DescriptionJoshua Phillips, a journalist, submitted a FOIA request to the Department of Homeland Security for records concerning the downgrading of the domestic terrorism unit. The agency acknowledged receipt of the request and invoked a 10-day extension. After hearing nothing further from the agency, Phillips filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. 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

2018-12-121COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-5835219) filed by JOSHUA PHILLIPS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet Civil Cover Sheet, # 4 Summons Summons)(Burday, Joshua) (Entered: 12/12/2018)
2018-12-122NOTICE of Appearance by Joshua Hart Burday on behalf of JOSHUA PHILLIPS (Burday, Joshua) (Entered: 12/12/2018)
2018-12-13Case Assigned to Judge Ketanji Brown Jackson. (zef, ) (Entered: 12/13/2018)
2018-12-133SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 12/13/2018)
2018-12-144GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Courts instructions for briefing motions and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 12/14/2018. (lckbj1) (Entered: 12/14/2018)
2019-01-245RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 12/20/2018 (Burday, Joshua) (Entered: 01/24/2019)
2019-01-246RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/21/2018. (Burday, Joshua) (Entered: 01/24/2019)
2019-01-247RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/21/2018. Answer due for ALL FEDERAL DEFENDANTS by 1/20/2019. (Burday, Joshua) (Entered: 01/24/2019)
2019-04-22MINUTE ORDER. On December 20 and 21, 2018, Plaintiff served the summons and complaint in this matter on the agency, the U.S. Department of Homeland Security, and the U.S. Attorney General. The deadline for Defendant to respond to the complaint--January 20, 2019--has passed, and Defendant has neither made an appearance nor answered the complaint. Accordingly, it is hereby ORDERED that Defendant shall, on or before May 6, 2019, file a notice with the Court explaining why its Answer should not be considered past due. The Clerk's Office is directed to send a copy of this Minute Order to Mr. Daniel Van Horn, Chief, Civil Division, U.S. Attorney's Office for the District of Columbia, 555 4th Street, NW, Washington, DC 20530. Signed by Judge Ketanji Brown Jackson on 4/22/2019. (lckbj2) (Entered: 04/22/2019)
2019-05-068RESPONSE TO ORDER OF THE COURT re Order,,,, Set Deadlines,,, (Notice Regarding Service of Process and Motion to Set Due Date for Defendant's Response to the Complaint) filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Declaration of Daniel F. Van Horn, # 2 Proposed Order)(Simon, Jeremy) (Entered: 05/06/2019)
2019-05-069MOTION to Set Due Date for Defendant's Response to the Complaint or, Alternatively for Nunc Pro Tunc Extension to Answer or Otherwise Respond to Complaint (duplicate of Docket Entry No. 8) by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Declaration of Daniel F. Van Horn, # 2 Proposed Order)(Simon, Jeremy) (Entered: 05/06/2019)
2019-05-06MINUTE ORDER granting 9 Motion to Set Due Date for Defendant's Response to the Complaint. It is hereby ORDERED that Defendant shall answer or otherwise response to the Complaint on or before 6/3/2019. Signed by Judge Ketanji Brown Jackson on 5/6/2019. (lckbj1) (Entered: 05/06/2019)
2019-06-0310ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY.(Simon, Jeremy) (Entered: 06/03/2019)
2019-06-0611ORDER setting Initial Scheduling Conference for 7/9/2019 at 10:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 6/6/2019. (lckbj1) (Entered: 06/06/2019)
2019-06-1312Consent MOTION to Vacate Scheduling Order and Initial Scheduling Conference by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 06/13/2019)
2019-06-14MINUTE ORDER granting 12 Motion to Vacate Initial Scheduling Conference. It is hereby ORDERED that the Initial Scheduling Conference currently set for 7/9/2019 is VACATED and that, on or before 6/28/2019, the parties shall file a proposed schedule for briefing or disclosure. Signed by Judge Ketanji Brown Jackson on 6/14/2019. (lckbj1) (Entered: 06/14/2019)
2019-06-2613Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 06/26/2019)
2019-06-26MINUTE ORDER. In light of the representations in the parties' 13 Joint Status Report, it is hereby ORDERED that, on or before 7/30/2019, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 6/26/2019. (lckbj1) (Entered: 06/26/2019)
2019-07-3014Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 07/30/2019)
2019-07-30MINUTE ORDER. In light of the representations in the parties' 14 Joint Status Report, it is hereby ORDERED that, on or before 9/5/2019, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 7/30/19. (lckbj3) (Entered: 07/30/2019)
2019-08-0615NOTICE of Appearance by Merrick Jason Wayne on behalf of JOSHUA PHILLIPS (Wayne, Merrick) (Entered: 08/06/2019)
2019-09-0516Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 09/05/2019)
2019-09-09MINUTE ORDER. In light of the representations in the parties' 16 Joint Status Report, it is hereby ORDERED that, on or before 10/3/2019, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 9/9/2019. (lckbj1) (Entered: 09/09/2019)
2019-10-0317Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 10/03/2019)
2019-10-09MINUTE ORDER. In light of the representations in the parties' 17 Joint Status Report, it is hereby ORDERED that, on or before 12/3/2019, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 10/9/2019. (jag) (Entered: 10/09/2019)
2019-12-0318Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 12/03/2019)
2019-12-04MINUTE ORDER. In light of the representations in the parties' 18 Joint Status Report, it is hereby ORDERED that, on or before 1/15/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 12/4/2019. (jag) (Entered: 12/04/2019)
2020-01-1519Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 01/15/2020)
2020-01-24MINUTE ORDER. In light of the representations in the parties' 19 Joint Status Report, it is hereby ORDERED that, on or before 3/5/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 1/24/2020. (jag) (Entered: 01/24/2020)
2020-03-0320Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 03/03/2020)
2020-03-13MINUTE ORDER. In light of the representations in the parties' 20 Joint Status Report, it is hereby ORDERED that, on or before 4/23/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 3/13/2020. (jag) (Entered: 03/13/2020)
2020-04-2321Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 04/23/2020)
2020-04-28MINUTE ORDER. In light of the representations in the parties' 21 Joint Status Report, it is hereby ORDERED that, on or before 5/27/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 4/28/2020. (jag) (Entered: 04/28/2020)
2020-05-2722Joint STATUS REPORT by JOSHUA PHILLIPS. (Burday, Joshua) (Entered: 05/27/2020)
2020-05-28MINUTE ORDER. In light of the representations in the parties' 22 Joint Status Report, it is hereby ORDERED that, on or before 7/9/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 5/28/2020. (jag) (Entered: 05/28/2020)
2020-07-0923Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 07/09/2020)
2020-07-10MINUTE ORDER. In light of the representations in the parties' 23 Joint Status Report, it is hereby ORDERED that, on or before 8/20/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 7/10/2020. (jag) (Entered: 07/10/2020)
2020-08-2024Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 08/20/2020)
2020-08-24MINUTE ORDER. In light of the representations in the parties' 24 Joint Status Report, it is hereby ORDERED that, on or before 9/17/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 8/24/2020. (jag) (Entered: 08/24/2020)
2020-09-1725Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 09/17/2020)
2020-09-18MINUTE ORDER. In light of the representations in the parties' 25 Joint Status Report, it is hereby ORDERED that, on or before 10/14/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 9/18/2020. (jag) (Entered: 09/18/2020)
2020-10-1426Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 10/14/2020)
2020-10-16MINUTE ORDER. In light of the representations in the parties' 26 Joint Status Report, it is hereby ORDERED that, on or before 12/3/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 10/16/2020. (jag) (Entered: 10/16/2020)
2020-12-0327Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 12/03/2020)
2020-12-29MINUTE ORDER. In light of the representations in the parties' 27 Joint Status Report, it is hereby ORDERED that, on or before 1/21/2021, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 12/29/2020. (jag) (Entered: 12/29/2020)
2021-01-2128Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 01/21/2021)
2021-02-16MINUTE ORDER. In light of the representations in the parties' 28 Joint Status Report, it is hereby ORDERED that, on or before 2/26/2021, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 2/16/2021. (jag) (Entered: 02/16/2021)
2021-02-2629Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 02/26/2021)
2021-03-04MINUTE ORDER. In light of the representations in the parties' 29 Joint Status Proposed Schedule, it is hereby ORDERED that, on or before 3/30/2021, the parties shall file a joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 3/4/2021. (jag) (Entered: 03/04/2021)
2021-03-3030Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 03/30/2021)
2021-04-29MINUTE ORDER. In light of the representations in the parties' 30 Joint Status Report, it is hereby ORDERED that, on or before 4/29/2021, the parties shall file further joint status report, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 4/29/2021. (jag) (Entered: 04/29/2021)
2021-04-2931Joint STATUS REPORT by JOSHUA PHILLIPS. (Topic, Matthew) (Entered: 04/29/2021)
2021-04-30MINUTE ORDER. In light of the representations in the parties' 31 Joint Status Report, it is hereby ORDERED that, on or before 5/27/2021, the parties shall file further joint status report, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 4/30/2021. (jag) (Entered: 04/30/2021)
2021-05-2732Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 05/27/2021)
2021-06-01MINUTE ORDER. In light of the representations in the parties' 32 Joint Status Report, it is hereby ORDERED that, on or before 7/29/2021, the parties shall file further joint status report, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 6/1/2021. (jag) (Entered: 06/01/2021)
2021-06-22Judge Ketanji Brown Jackson has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Jackson's former deputy clerk, Gwendolyn Franklin, at 202-354-3145 or gwen_franklin@dcd.uscourts.gov. (rj) (Entered: 06/22/2021)
2021-07-2933Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 07/29/2021)
2021-08-01MINUTE ORDER: Upon consideration of 33 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file a joint status report on or before September 22, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 8/1/2021. (lcrc3) (Entered: 08/01/2021)
2021-08-02Set/Reset Deadlines: Joint Status Report due by 9/22/2021. (zgdf) (Entered: 08/02/2021)
2021-09-2234Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 09/22/2021)
2021-09-23MINUTE ORDER: Upon consideration of 34 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on or before October 21, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 9/23/2021. (lcrc3) (Entered: 09/23/2021)
2021-09-23Set/Reset Deadlines: Joint Status Report due by 10/21/2021. (zalh) (Entered: 09/23/2021)
2021-10-01Case directly reassigned to Judge Florence Y. Pan. Judge Ketanji Brown Jackson has been appointed to the D.C. Circuit and is no longer assigned to the case. (ztnr) (Entered: 10/01/2021)
2021-10-2135Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 10/21/2021)
2021-10-22MINUTE ORDER. Upon consideration of the parties' 35 Joint Status Report, the parties are directed to file another joint status report on or before December 7, 2021. Signed by Judge Florence Y. Pan on 10/22/21. (lcrl) (Entered: 10/22/2021)
2021-10-22Set/Reset Deadlines: Joint Status Report due by 12/7/2021. (zacr) (Entered: 10/22/2021)
2021-12-0736Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 12/07/2021)
2021-12-07MINUTE ORDER. Upon consideration of the parties' 36 Joint Status Report, the parties are directed to file another joint status report on or before January 19, 2022. Signed by Judge Florence Y. Pan on 12/7/21. (lcaa) (Entered: 12/07/2021)
2021-12-07Set/Reset Deadlines: Joint Status Report due by 1/19/2022. (zacr) (Entered: 12/08/2021)
2022-01-1937Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 01/19/2022)
2022-01-20MINUTE ORDER. Upon consideration of the parties' 37 Joint Status Report, the parties are directed to file another joint status report on or before February 24, 2022. Signed by Judge Florence Y. Pan on 1/20/22. (lcaa) (Entered: 01/20/2022)
2022-01-20Set/Reset Deadlines: Joint Status Report due by 2/24/2022. (zacr) (Entered: 01/21/2022)
2022-02-2438Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 02/24/2022)
2022-02-25MINUTE ORDER. Upon consideration of the parties' 38 Joint Status Report, the parties are directed to file another joint status report on or before April 27, 2022. Signed by Judge Florence Y. Pan on 2/25/2022. (lcsw) (Entered: 02/25/2022)
2022-02-25Set/Reset Deadlines: Joint Status Report due by 4/27/2022. (zacr) (Entered: 02/25/2022)
2022-04-2639NOTICE of Appearance by Joshua Loevy on behalf of JOSHUA PHILLIPS (Loevy, Joshua) (Entered: 04/26/2022)
2022-04-2740Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 04/27/2022)
2022-04-29MINUTE ORDER. Upon consideration of the parties' 40 Joint Status Report, the parties are directed to file another joint status report on or before June 15, 2022. Signed by Judge Florence Y. Pan on 4/29/2022. (lcrl) (Entered: 04/29/2022)
2022-04-29Set/Reset Deadlines: Joint Status Report due by 6/15/2022. (zacr) (Entered: 04/29/2022)
2022-06-1541Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 06/15/2022)
2022-06-17MINUTE ORDER. Upon consideration of the parties' 41 Joint Status Report, the parties are directed to file another joint status report on or before August 21, 2022. Signed by Judge Florence Y. Pan on 6/17/22. (lcaa) (Entered: 06/17/2022)
2022-06-17Set/Reset Deadlines: Joint Status Report due by 8/21/2022. (zacr) (Entered: 06/17/2022)
2022-08-1942Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 08/19/2022)
2022-08-19MINUTE ORDER. Upon consideration of the parties' 42 Joint Status Report, the parties are directed to file another joint status report on or before October 21, 2022. Signed by Judge Florence Y. Pan on 08/19/2022. (lcnr) (Entered: 08/19/2022)
2022-08-19Set/Reset Deadlines: Joint Status Report due by 10/21/2022. (smc) (Entered: 08/22/2022)
2022-09-23Judge Florence Y. Pan has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Pan's former deputy clerk, Samantha Calloway, at 202-354-3163 or samantha_calloway@dcd.uscourts.gov. (ztnr) (Entered: 09/23/2022)
2022-10-2043Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Simon, Jeremy) (Entered: 10/20/2022)
2022-10-21MINUTE ORDER: Upon consideration of 43 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report before or on December 15, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 10-21-2022. (lcrc3) (Entered: 10/21/2022)
2022-10-21Set/Reset Deadlines: Joint Status Report due by 12/15/2022. (smc) (Entered: 10/21/2022)
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