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Case TitleNATIONAL PUBLIC RADIO, INC. et al v. U.S. DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02468
Date Filed2020-09-03
Date ClosedOpen
JudgeJudge Royce C. Lamberth
PlaintiffNATIONAL PUBLIC RADIO, INC.
PlaintiffTOM DREISBACH
Case DescriptionNational Public Radio reporter Tom Dreisbach submitted a FOIA request to the Department of Homeland Security for records concerning inspection and investigative reports prepared by the Office of Civil Rights and Civil Liberties pertaining to the examination of immigration detention facilities operated under the auspices of U.S. Immigration and Customs Enforcement. The agency acknowledged receipt of the request. Although the agency had identified 1.076 responsive pages, it withheld them entirely under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). NPR filed an administrative appeal of the denial. The agency told NPR that it was remanding the case back to CRCL to consider whether non-segregable information withheld under Exemption 5 could be disclosed. After the agency failed to respond to the remand after 30 days, the appellate authority told NPR that it could consider the action final and filed suit. NPR then filed suit.
Complaint issues: Litigation - Attorney's fees, Segregability - Disclosure of all non-exempt records

DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
DefendantDEPARTMENT OF HOMELAND SECURITY
AppealD.C. Circuit 22-5311
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
Complaint attachment 10
Complaint attachment 11
Opinion/Order [23]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-09-031COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number ADCDC-7548269) filed by NATIONAL PUBLIC RADIO, INC., TOM DREISBACH. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Civil Cover Sheet, # 8 Notice of Related Case, # 9 Summons to DHS, # 10 Summons to USAO, # 11 Summons to AG)(Mishkin, Maxwell) (Entered: 09/03/2020)
2020-09-032LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by NATIONAL PUBLIC RADIO, INC. (Mishkin, Maxwell) (Entered: 09/03/2020)
2020-09-033NOTICE OF RELATED CASE by TOM DREISBACH, NATIONAL PUBLIC RADIO, INC.. Case related to Case No. 18-cv-2051. (zmc) (Entered: 09/04/2020)
2020-09-04Case Assigned to Judge Royce C. Lamberth. (zsb) (Entered: 09/04/2020)
2020-09-044SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 09/04/2020)
2020-09-155RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/8/2020. Answer due for ALL FEDERAL DEFENDANTS by 10/8/2020. (Mishkin, Maxwell) (Entered: 09/15/2020)
2020-09-236RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/14/2020. (Mishkin, Maxwell) (Entered: 09/23/2020)
2020-10-087NOTICE of Appearance by Daniel Patrick Schaefer on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY (Schaefer, Daniel) (Entered: 10/08/2020)
2020-10-088ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY.(Schaefer, Daniel) (Entered: 10/08/2020)
2020-10-099ORDER directing the government to file a Vaughn Index and any supporting dispositive motions by 11/08/2020. Signed by Judge Royce C. Lamberth on 10/09/2020. (lcrcl3) (Entered: 10/09/2020)
2020-10-13Set/Reset Deadlines: Vaughn Index due by 11/8/2020 (lsj) (Entered: 10/13/2020)
2020-11-0910Joint MOTION to Vacate 9 Order by TOM DREISBACH, NATIONAL PUBLIC RADIO, INC. (Attachments: # 1 Text of Proposed Order Plaintiffs' Proposed Order, # 2 Text of Proposed Order Defendant's Proposed Order)(Mishkin, Maxwell) (Entered: 11/09/2020)
2020-11-1611ORDER granting 10 Motion to Vacate and adopting defendant's scheduling proposal; Set/Reset Deadlines: Joint Status Report due by 4/30/2021. Signed by Judge Royce C. Lamberth on 11/16/2020. (lcrcl3) (Entered: 11/16/2020)
2021-04-3012Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 04/30/2021)
2021-05-0413ORDER: The parties shall file a joint status report no later than 6/29/2021. Signed by Judge Royce C. Lamberth on 5/4/2021. (lcrcl3) (Entered: 05/04/2021)
2021-06-2914Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order Defendant's Proposed Order)(Schaefer, Daniel) (Entered: 06/29/2021)
2021-11-0315PROPOSED BRIEFING SCHEDULE (Joint Proposed) by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 11/03/2021)
2021-11-1916SCHEDULING ORDER: Defendant's Summary Judgment motion due by 12/15/2021. Plaintiffs' Opposition and Cross Motion for summary judgment due by 1/14/2022. Defendant's reply in support of its motion for summary judgment and response to Cross Motions due by 3/16/2022. Plaintiffs' reply in support of their cross motion due 3/30/2022. Signed by Judge Royce C. Lamberth on 11/19/2021. (lcrcl2) (Entered: 11/19/2021)
2021-12-1517MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Text of Proposed Order)(Schaefer, Daniel) (Entered: 12/15/2021)
2022-01-1418RESPONSE re 17 MOTION for Summary Judgment filed by TOM DREISBACH, NATIONAL PUBLIC RADIO, INC.. (Attachments: # 1 Counter-Statement of Undisputed Facts, # 2 Mishkin Declaration, # 3 Ex. 1 to Mishkin Decl., # 4 Ex. 2 to Mishkin Decl., # 5 Ex. 3 to Mishkin Decl., # 6 Ex. 4 to Mishkin Decl., # 7 Ex. 5 to Mishkin Decl., # 8 Ex. 6 to Mishkin Decl., # 9 Ex. 7 to Mishkin Decl., # 10 Ex. 8 to Mishkin Decl., # 11 Ex. 9 to Mishkin Decl., # 12 Ex. 10 to Mishkin Decl., # 13 Ex. 11 to Mishkin Decl., # 14 Ex. 12 to Mishkin Decl., # 15 Ex. 13 to Mishkin Decl., # 16 Ex. 14 to Mishkin Decl., # 17 Ex. 15 to Mishkin Decl., # 18 Ex. 16 to Mishkin Decl., # 19 Ex. 17 to Mishkin Decl., # 20 Proposed Order)(Mishkin, Maxwell) (Entered: 01/14/2022)
2022-01-1419Cross MOTION for Summary Judgment by TOM DREISBACH, NATIONAL PUBLIC RADIO, INC.. (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Facts, # 3 Mishkin Declaration, # 4 Ex. 1 to Mishkin Decl., # 5 Ex. 2 to Mishkin Decl., # 6 Ex. 3 to Mishkin Decl., # 7 Ex. 4 to Mishkin Decl., # 8 Ex. 5 to Mishkin Decl., # 9 Ex. 6 to Mishkin Decl., # 10 Ex. 7 to Mishkin Decl., # 11 Ex.8 to Mishkin Decl., # 12 Ex. 9 to Mishkin Decl., # 13 Ex. 10 to Mishkin Decl., # 14 Ex. 11 to Mishkin Decl., # 15 Ex. 12 to Mishkin Decl., # 16 Ex. 13 to Mishkin Decl., # 17 Ex. 14 to Mishkin Decl., # 18 Ex. 15 to Mishkin Decl., # 19 Ex. 16 to Mishkin Decl., # 20 Ex. 17 to Mishkin Decl., # 21 Proposed Order)(Mishkin, Maxwell) (Entered: 01/14/2022)
2022-03-1620Memorandum in opposition to re 19 Cross MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Defendant's Response to Plaintiff's Statement of Material Facts)(Schaefer, Daniel) (Entered: 03/16/2022)
2022-03-1621REPLY to opposition to motion re 17 MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Defendant's Response to Plaintiff's Statement of Material Facts)(Schaefer, Daniel) (Entered: 03/16/2022)
2022-03-3022REPLY to opposition to motion re 19 Cross MOTION for Summary Judgment filed by TOM DREISBACH, NATIONAL PUBLIC RADIO, INC.. (Mishkin, Maxwell) (Entered: 03/30/2022)
2022-09-2823MEMORANDUM OPINION re: Motion 17 for Summary Judgment and Cross-Motion 19 for Summary Judgment. Signed by Judge Royce C. Lamberth on 09/28/2022. (lcrcl3) (Entered: 09/28/2022)
2022-09-2824ORDER denying Motion 17 for Summary Judgment; granting Cross-Motion 19 for Summary Judgment: It is hereby ORDERED that defendant's motion for summary judgment is DENIED, plaintiffs' cross-motion for summary judgment is GRANTED, and judgment is ENTERED for plaintiffs. Defendant is ORDERED to re-process plaintiffs' FOIA request without any withholdings pursuant to FOIA Exemption 5. The Court retains jurisdiction to consider an award of attorneys' fees and costs. See Order for details. Signed by Judge Royce C. Lamberth on 09/28/2022. (lcrcl3) (Entered: 09/28/2022)
2022-10-1125Unopposed MOTION for Extension of Time to File Motion for Fees by TOM DREISBACH, NATIONAL PUBLIC RADIO, INC.. (Attachments: # 1 Proposed Order)(Mishkin, Maxwell) (Entered: 10/11/2022)
2022-10-1226ORDER granting 25 Motion for Extension of Time to File; Set/Reset Deadlines: It is hereby ORDERED that the motion is GRANTED, and plaintiffs shall file any motion for attorney's fees and costs by 12/28/2022. Signed by Judge Royce C. Lamberth on 10/12/2022. (lcrcl3) (Entered: 10/12/2022)
2022-11-2827NOTICE OF SUBSTITUTION OF COUNSEL by Jeremy S. Simon on behalf of DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Daniel P. Schaefer (Simon, Jeremy) (Entered: 11/28/2022)
2022-11-2828NOTICE OF APPEAL TO DC CIRCUIT COURT as to 24 Order on Motion for Summary Judgment,,,,, 23 Memorandum & Opinion by DEPARTMENT OF HOMELAND SECURITY. Fee Status: No Fee Paid. Parties have been notified. (Simon, Jeremy) (Entered: 11/28/2022)
2022-11-2829Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 28 Notice of Appeal to DC Circuit Court. (ztth) (Entered: 11/28/2022)
2022-11-30USCA Case Number 22-5311 for 28 Notice of Appeal to DC Circuit Court filed by DEPARTMENT OF HOMELAND SECURITY. (ztth) (Entered: 11/30/2022)
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by FOIA Project Staff
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