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Case TitleLOUISE TRAUMA CENTER LLC v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv01128
Date Filed2020-04-30
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffLOUISE TRAUMA CENTER LLC
Case DescriptionLouise Trauma Center submitted four FOIA requests to the Department of Homeland Security. The first FOIA request asked for records concerning labor agreements between the agency and asylum officers. The second FOIA request asked for studies and analyses about the effect of the foreseeable harm test on processing FOIA requests. The third FOIA request asked for training materials for staff pertaining to the 2016 FOIA Improvement Act. The fourth FOIA request asked for training materials for new asylum officers. The agency acknowledged receipt of all four requests but after hearing nothing further from the agency, Louise Trauma Center filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY
DefendantDEPARTMENT 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
Opinion/Order [37]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-04-301COMPLAINT against UNITED STATES DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number ADCDC-7076030) filed by LOUISE TRAUMA CENTER LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Civil Cover Sheet, # 6 Summons US Attorney, # 7 Summons US Attorney General, # 8 Summons Dept of Homeland Security)(Cleveland, David) (Entered: 04/30/2020)
2020-04-302ERRATA civil cover sheet by LOUISE TRAUMA CENTER LLC 1 Complaint, filed by LOUISE TRAUMA CENTER LLC. (Cleveland, David) (Entered: 04/30/2020)
2020-05-01Case Assigned to Judge Trevor N. McFadden. (adh, ) (Entered: 05/01/2020)
2020-05-013SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 05/01/2020)
2020-05-014RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/1/2020. Answer due for ALL FEDERAL DEFENDANTS by 5/31/2020. (Cleveland, David) (Entered: 05/01/2020)
2020-05-015STANDING 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. Signed by Judge Trevor N. McFadden on 5/1/2020.(lctnm3) (Entered: 05/01/2020)
2020-05-076RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/06/2020. (Attachments: # 1 Exhibit)(Cleveland, David) (Entered: 05/07/2020)
2020-05-077RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 5/5/2020 (Attachments: # 1 Exhibit)(Cleveland, David) (Entered: 05/07/2020)
2020-06-018ANSWER to Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Peterson, Benton) (Entered: 06/01/2020)
2020-06-02MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule 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 schedule on or before June 30, 2020. Signed by Judge Trevor N. McFadden on 6/2/2020. (lctnm3) (Entered: 06/02/2020)
2020-06-02Set/Reset Deadlines: Joint Status Report due by 6/30/2020. (hmc) (Entered: 06/02/2020)
2020-06-309STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Peterson, Benton) (Entered: 06/30/2020)
2020-07-01MINUTE ORDER. Upon consideration of the parties' 9 Joint Status Report, it is hereby ORDERED that the parties shall submit another Joint Status Report by August 18, 2020. The next report shall update the Court regarding any remaining disputes between the parties and shall include a proposed production and reporting schedule. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/1/2020. (lctnm3) (Entered: 07/01/2020)
2020-07-01Set/Reset Deadlines: Joint Status Report due by 8/18/2020. (hmc) (Entered: 07/01/2020)
2020-08-1810Joint STATUS REPORT by LOUISE TRAUMA CENTER LLC. (Cleveland, David) (Entered: 08/18/2020)
2020-08-18MINUTE ORDER. Upon consideration of the 10 Joint Status Report, it is hereby ORDERED that the parties shall file their next Joint Status Report on or before September 18, 2020. The report should update the Court on the parties' progress in reducing or eliminating disputed issues and should propose a briefing schedule, if appropriate. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/18/2020. (lctnm2) (Entered: 08/18/2020)
2020-08-19Set/Reset Deadlines: Joint Status Report due by 9/18/2020. (zhmc) (Entered: 08/19/2020)
2020-09-1711MOTION for Summary Judgment by LOUISE TRAUMA CENTER LLC (Attachments: # 1 Text of Proposed Order, # 2 Statement of Facts, # 3 Exhibit, # 4 Declaration, # 5 Declaration)(Cleveland, David) (Entered: 09/17/2020)
2020-09-1812Joint STATUS REPORT by LOUISE TRAUMA CENTER LLC. (Cleveland, David) (Entered: 09/18/2020)
2020-09-1813STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Peterson, Benton) (Entered: 09/18/2020)
2020-09-21MINUTE ORDER. Upon consideration of Plaintiff's 12 Status Report and Defendant's 13 Status Report, it is hereby ORDERED that the briefing schedule on Plaintiff's 11 Motion for Summary Judgment shall be as follows: Defendant's combined opposition and cross-motion for summary judgment due on or before October 21, 2020; Plaintiff's combined reply and opposition due on or before November 11, 2020; Defendant's reply, if any, due on or before November 24, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/21/2020. (lctnm2) (Entered: 09/21/2020)
2020-09-21Set/Reset Deadlines: Defendant's combined opposition and cross-motion for summary judgment due by 10/21/2020. Plaintiff's combined reply and opposition due by 11/11/2020. Defendant's reply due by 11/24/2020. (hmc) (Entered: 09/21/2020)
2020-10-1914Unopposed MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 10/19/2020)
2020-10-20MINUTE ORDER granting Defendant's 14 Unopposed Motion for Extension of Time to File. Defendant's combined opposition and cross-motion for summary judgment is due on or before October 28, 2020. Defendant is directed to Paragraph 9(A) of the Court's 5 Standing Order, which states that motions for extension of time "must be filed at least four business days prior to the first affected deadline." Future requests that do not comply with this requirement may be denied. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/20/2020. (lctnm3) (Entered: 10/20/2020)
2020-10-20Set/Reset Deadlines: Defendant's combined opposition and cross-motion for summary judgment due by 10/28/2020. (hmc) (Entered: 10/20/2020)
2020-10-2815MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Statement of Facts, # 2 Statement of Facts, # 3 Declaration)(Peterson, Benton) (Entered: 10/28/2020)
2020-10-2816Memorandum in opposition to re 11 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Statement of Facts, # 2 Statement of Facts, # 3 Declaration)(Peterson, Benton) (Entered: 10/28/2020)
2020-11-0217REPLY to opposition to motion re 11 MOTION for Summary Judgment filed by LOUISE TRAUMA CENTER LLC. (Attachments: # 1 Exhibit, # 2 Exhibit)(Cleveland, David) (Entered: 11/02/2020)
2020-11-0318Memorandum in opposition to re 15 MOTION for Summary Judgment of DHS filed by LOUISE TRAUMA CENTER LLC. (Attachments: # 1 Statement of Facts, # 2 Exhibit)(Cleveland, David) Modified docket event/text on 11/4/2020 (eg). (Entered: 11/03/2020)
2020-11-1919MOTION to Stay re 18 Response to motion Temporarily by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Peterson, Benton) (Entered: 11/19/2020)
2020-11-19MINUTE ORDER. The Defendant's 19 Motion for Temporary Stay of Briefing Schedule is GRANTED. The Defendant shall file a status report on or before 12/21/2020 updating the Court on the status of the additional production. Any remaining documents shall be produced to the Plaintiff on or before 1/19/2021. The parties shall then file a Joint Status Report on or before 2/17/2021 to inform the Court whether further briefing will be necessary and, if so, the proposed briefing schedule. The Court has considered Plaintiff's request for an expedited production schedule but believes the Defendant's request is reasonable in light of the recency of this case and the concerns laid out in the [19-1] Eggleston Declaration. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/19/2020. (lctnm2) (Entered: 11/19/2020)
2020-11-20Set/Reset Deadlines: Defendant's Status Report due by 12/21/2020. Joint Status Report due by 2/17/2021. (hmc) (Entered: 11/20/2020)
2020-12-2020NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Duffey on behalf of UNITED STATES DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Benton Peterson (Duffey, Thomas) (Entered: 12/20/2020)
2020-12-2121STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 12/21/2020)
2021-02-1722Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 02/17/2021)
2021-02-17MINUTE ORDER. Upon consideration of the parties' 22 Joint Status Report, it is hereby ordered that the parties shall file a further joint status report on or before April 19, 2021 informing the Court whether further briefing will be necessary. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/17/2021. (lctnm2) (Entered: 02/17/2021)
2021-02-18Set/Reset Deadlines: Joint Status Report due by 4/19/2021. (hmc) (Entered: 02/18/2021)
2021-04-1923Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 04/19/2021)
2021-04-19MINUTE ORDER. Upon consideration of the parties' 23 Joint Status Report, it is hereby ordered that the parties shall file a further joint status report on or before May 19, 2021 informing the Court whether further briefing will be necessary. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/19/2021. (lctnm2) (Entered: 04/19/2021)
2021-04-20Set/Reset Deadlines: Joint Status Report due by 5/19/2021. (hmc) (Entered: 04/20/2021)
2021-05-1924Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 05/19/2021)
2021-05-19MINUTE ORDER. Upon consideration of the parties' 24 Joint Status Report, it is hereby ordered that the parties shall file a further joint status report on or before June 21, 2021 informing the Court whether further briefing will be necessary. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/19/2021. (lctnm2) (Entered: 05/19/2021)
2021-05-19Set/Reset Deadlines: Joint Status Report due by 6/21/2021. (hmc) (Entered: 05/19/2021)
2021-05-19Set/Reset Deadlines: Joint Status Report due by 6/21/2021. (hmc) (Entered: 05/19/2021)
2021-06-1025MOTION for Summary Judgment by LOUISE TRAUMA CENTER LLC. (Attachments: # 1 Text of Proposed Order, # 2 Statement of Facts, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit)(Cleveland, David) (Entered: 06/10/2021)
2021-06-10MINUTE ORDER. In light of Plaintiff's 25 Motion for Summary Judgment, the parties shall appear for a telephonic status conference on June 17, 2021 at 3:00 p.m. before Judge McFadden. Dial-in information will be emailed to the parties. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/10/2021. (lctnm2) (Entered: 06/10/2021)
2021-06-11Set/Reset Deadlines/Hearings: Telephonic Status Conference scheduled for 6/17/2021, at 3:00 PM before Judge Trevor N. McFadden. (ztg) (Entered: 06/11/2021)
2021-06-17Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 6/17/2021. 11 Motion for Summary Judgment; 15 Motion for Summary Judgment; 25 Motion for Summary Judgment; DENIED without prejudice. The parties are directed to meet and confer and provide a joint proposed scheduling order by 7/16/2021. (Court Reporter: Crystal Pilgrim.) (hmc) (Entered: 06/17/2021)
2021-07-1626Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 07/16/2021)
2021-07-16MINUTE ORDER. Upon consideration of the parties' 26 Joint Status Report, the parties shall adhere to the following briefing schedule: Defendant shall file a motion for summary judgment on or before September 16, 2021; Plaintiff shall file a combined opposition and cross-motion for summary judgment on or before October 15, 2021; Defendant shall file a combined opposition and reply on October 29, 2021; and Plaintiff shall file a reply, if any, on or before November 12, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/16/2021. (lctnm2) (Entered: 07/16/2021)
2021-07-21Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 9/16/2021. Plaintiff's Opposition and Cross-Motion due by 10/15/2021. Defendant's opposition and reply due by 10/29/2021. Plaintiff's Reply due by 11/12/2021. (hmc) (Entered: 07/21/2021)
2021-09-1627MOTION for Summary Judgment with proposed order by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 09/16/2021)
2021-09-1628ERRATA by UNITED STATES DEPARTMENT OF HOMELAND SECURITY re 27 MOTION for Summary Judgment with proposed order filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Motion for Summary Judgment, # 2 Memorandum in Support, # 3 Statement of Facts, # 4 Declaration Jennifer Piateski, # 5 Vaughn Index 1, # 6 Vaughn Index 2, # 7 Vaughn Index Supplemental Productions, # 8 Text of Proposed Order)(Duffey, Thomas) (Entered: 09/16/2021)
2021-10-1129Cross MOTION for Summary Judgment by LOUISE TRAUMA CENTER LLC. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts Reply to Statement of Facts, # 3 Affidavit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Statement of Facts, # 12 Text of Proposed Order)(Cleveland, David) (Entered: 10/11/2021)
2021-10-1130Memorandum in opposition to re 27 MOTION for Summary Judgment with proposed order filed by LOUISE TRAUMA CENTER LLC. (See Docket Entry 29 to view document). (zeg) (Entered: 10/15/2021)
2021-10-2531MOTION for Extension of Time to File Response/Reply as to 29 Cross MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 10/25/2021)
2021-10-26MINUTE ORDER granting 31 Motion for Extension of Time. The briefing schedule is adjusted as follows: Defendant's combined reply and opposition to Plaintiff's 29 Cross-Motion for Summary Judgment will be due by November 30, 2021; Plaintiff's reply will be due by December 14, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/26/21. (lctnm2) (Entered: 10/26/2021)
2021-10-26Set/Reset Deadlines: Defendant's combined reply and opposition to Plaintiff's Cross-Motion for Summary Judgment due by 11/30/2021. Plaintiff's Reply due by 12/14/2021. (hmc) (Entered: 10/26/2021)
2021-11-2432MOTION for Extension of Time to File Response/Reply as to 29 Cross MOTION for Summary Judgment with proposed order by DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 11/24/2021)
2021-11-25MINUTE ORDER granting 32 Motion for Extension of Time. Defendant shall file its combined reply and opposition to Plaintiff's 29 Cross-Motion for Summary Judgment by December 14, 2021. Plaintiff shall file its reply by December 30, 2021. Further requests for extension of time will be disfavored. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/25/21. (lctnm2) (Entered: 11/25/2021)
2021-11-29Set/Reset Deadlines: Defendant's combined reply and opposition to Plaintiff's 29 Cross-Motion for Summary Judgment due by December 14, 2021. Plaintiff's reply due by December 30, 2021. (hmc) (Entered: 11/29/2021)
2021-12-1333MOTION for Extension of Time to File Response/Reply as to 29 Cross MOTION for Summary Judgment with proposed order by DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 12/13/2021)
2021-12-13MINUTE ORDER denying 33 Motion for Extension of Time. The Court previously told Defendant that further requests would be disfavored. And Defendant has not abided by Paragraph 9(A) of this Courts 5 Standing Order, which requires any requests for extension of time to be made at least four days prior to any deadline. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/13/21. (lctnm2) (Entered: 12/13/2021)
2021-12-1434Memorandum in opposition to re 29 Cross MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Statement of Facts Reply to)(Duffey, Thomas) (Entered: 12/14/2021)
2021-12-1435REPLY to opposition to motion re 27 MOTION for Summary Judgment with proposed order filed by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Statement of Facts Reply to)(Duffey, Thomas) (Entered: 12/14/2021)
2021-12-2136REPLY to opposition to motion re 29 Cross MOTION for Summary Judgment filed by LOUISE TRAUMA CENTER LLC. (Attachments: # 1 Exhibit)(Cleveland, David) (Entered: 12/21/2021)
2022-04-1137MEMORANDUM OPINION re Defendant's 27 Motion for Summary Judgment and Plaintiff's 29 Cross-Motion for Summary Judgment. Signed by Judge Trevor N. McFadden on 4/11/22. (lctnm2) (Entered: 04/11/2022)
2022-04-1138ORDER. For the reasons stated in the 37 Memorandum Opinion, Defendant's 27 Motion for Summary Judgment is GRANTED in part and DENIED in part and Plaintiff's 29 Cross-Motion for Summary Judgment is GRANTED in part and DENIED in part. The Court also sets a further schedule for proceedings in this matter. See attached Order for details. Signed by Judge Trevor N. McFadden on 4/11/22. (lctnm2) (Entered: 04/11/2022)
2022-04-12Set/Reset Deadlines/Hearings: Joint Status Report due by 5/11/2022. Telephonic Status Conference set for 5/16/2022 at 10:00 AM before Judge Trevor N. McFadden. (hmc) (Entered: 04/12/2022)
2022-05-0939MOTION to Alter Judgment as to 38 Order on Motion for Summary Judgment,,, 37 Memorandum & Opinion with proposed order by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Duffey, Thomas) (Entered: 05/09/2022)
2022-05-1140Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 05/11/2022)
2022-05-1341Memorandum in opposition to re 39 MOTION to Alter Judgment as to 38 Order on Motion for Summary Judgment,,, 37 Memorandum & Opinion with proposed order filed by LOUISE TRAUMA CENTER LLC. (Cleveland, David) (Entered: 05/13/2022)
2022-05-16Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 5/16/2022. Joint proposed scheduling order due by 7/22/2022. (Court Reporter: Lisa Edwards.) (hmc) (Entered: 05/16/2022)
2022-05-2042REPLY to opposition to motion re 39 MOTION to Alter Judgment as to 38 Order on Motion for Summary Judgment,,, 37 Memorandum & Opinion with proposed order filed by DEPARTMENT OF HOMELAND SECURITY. (Duffey, Thomas) (Entered: 05/20/2022)
2022-05-2443ORDER denying Defendant's 39 Motion to Alter Judgment. See attached Order for details. Signed by Judge Trevor N. McFadden on 5/24/22. (lctnm2) (Entered: 05/24/2022)
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