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Case TitleAMERICA FIRST LEGAL FOUNDATION v. U.S. DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01896
Date Filed2022-06-30
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffAMERICA FIRST LEGAL FOUNDATION
Case DescriptionAmerica First Legal Foundation submitted a FOIA request to the Department of Homeland Security for records concerning political appointees and their ethics obligations. AFLF also asked for a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, AFLF filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-06-301COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 402 receipt number ADCDC-9343442) filed by AMERICA FIRST LEGAL FOUNDATION. (Attachments: # 1 Exhibit A:DHS FOIA Request, # 2 Exhibit B:Acknowledgment, # 3 Exhibit C:DHS Status Update, # 4 Exhibit D:Status Update, # 5 Civil Cover Sheet, # 6 Summons)(Field, Brian) (Entered: 06/30/2022)
2022-07-012LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICA FIRST LEGAL FOUNDATION (Field, Brian) (Entered: 07/01/2022)
2022-07-05Case Assigned to Judge Carl J. Nichols. (zmh) (Entered: 07/05/2022)
2022-07-053SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmh) (Entered: 07/05/2022)
2022-07-084STANDING ORDER. Signed by Judge Carl J. Nichols on July 8, 2022. (lccjn2) (Entered: 07/08/2022)
2022-07-275RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/5/2022. Answer due for ALL FEDERAL DEFENDANTS by 8/4/2022. (Attachments: # 1 Declaration of K. Robinson w/Exhibits)(Field, Brian) (Entered: 07/27/2022)
2022-07-276RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 7/13/2022 (Attachments: # 1 Declaration of K. Robinson w/Exhibits)(Field, Brian) (Entered: 07/27/2022)
2022-07-277RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/14/2022. (Attachments: # 1 Declaration of K. Robinson w/Exhibits)(Field, Brian) (Entered: 07/27/2022)
2022-08-048NOTICE of Appearance by Hannah Solomon-Strauss on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY (Solomon-Strauss, Hannah) (Entered: 08/04/2022)
2022-08-049NOTICE of Appearance by Giselle Barcia on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY (Barcia, Giselle) (Entered: 08/04/2022)
2022-08-0410ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY.(Solomon-Strauss, Hannah) (Entered: 08/04/2022)
2022-08-05NOTICE OF ERROR re 10 Answer to Complaint; emailed to hannah.m.solomon-strauss@usdoj.gov, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following for future filings; do not refile document , 2. FYI: Attorney signature must match login/password for all future fillings. (zed, ) (Entered: 08/05/2022)
2022-08-05MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. Pursuant to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before September 2, 2022. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiff's request[s] and any discussions regarding whether Plaintiffs request[s] can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on August 5, 2022. (lccjn2) (Entered: 08/05/2022)
2022-08-05Set/Reset Deadlines: Joint Status Report due by 9/2/2022. (zcal) (Entered: 08/09/2022)
2022-08-2511NOTICE OF RELATED CASE by U.S. DEPARTMENT OF HOMELAND SECURITY. Case related to (Barcia, Giselle) (Main Document 11 replaced on 8/26/2022) (zed). (Entered: 08/25/2022)
2022-09-02MINUTE ORDER. Plaintiff has filed eleven FOIA cases in this court against eleven different federal government agencies, seeking from each records sufficient to identify 1) all employees who entered a position in the agency as a political appointee since January 20, 2021 or 2) all career employees who were detailed to a position eligible to be filled by a political appointee or to a new position through coordination or consultation with either the White House Liaison or Presidential Personnel Office since January 20, 2021. See Am. First Legal Found. v. U.S. Dep't of Commerce, 1:22-cv-01884-ABJ; Am. First Legal Found. v. U.S. Dep't of Energy, 1:22-cv-01888-RDM; Am. First Legal Found. v. U.S. Dep't of Health & Human Services, 1:22-cv-01895-TSC; Am. First Legal Found. v. U.S. Dep't of Homeland Security, 1:22-cv-01896-CJN; Am. First Legal Found. v. U.S. Dep't of State, 1:22-cv-01897-CJN; Am. First Legal Found. v. U.S. Dep't of Transportation, 1:22-cv-01898-ABJ; Am. First Legal Found. v. U.S. Dep't of Treasury, 1:22-cv-01899-TSC; Am. First Legal Found. v. U.S. Dep't of Veterans Affairs, 1:22-cv-01900-ABJ; Am. First Legal Found. v. U.S. Dep't of Education, 1:22-cv-01901-DLF; Am. First Legal Found. v. U.S. Dep't of the Interior, 1:22-cv-01903-BAH; Am. First Legal Found. v. U.S. Dep't of Labor, 1:22-cv-01905-CKK. Plaintiff has filed a notice of related case in each case, asserting that all of the cases are related under Local Civil Rule 40.5. Plaintiff maintains that they raise common issues of fact and law because they involve identical FOIA requests, and will, plaintiff predicts, result in similar document productions and involve similar FOIA exemptions. If the cases were related, Rule 40.5(c)(1) would direct that they be reassigned to the judge with the oldest pending case, which is America First Legal Foundation v. U.S. Department of Commerce, 1:22-cv-01884-ABJ. Upon review of plaintiff's notice of related case, though, the Court concludes that the eleven cases are not related under Local Rule 40.5. While the requests themselves called for the same types of records, that does not mean that litigation involving the agencies' responses will present common issues to be resolved. Summary judgment motions often test the adequacy of the search, and here, the requests were transmitted to eleven different agencies, with their own hiring processes, record keeping systems, and custodians. Each agency's effort to identify and produce documents responsive to plaintiff's request will involve searching the files of different custodians in different locations and on different systems, using terms appropriate to the agency, and the questions presented when each agency announces that the search has been completed will be different. Even the early stages of the litigation, when production schedules are established, will vary from agency to agency depending upon the volume of responsive material and the agency's FOIA resources. Moreover, the legitimacy of any claimed exemptions, another issue that can be litigated on summary judgment, may vary depending upon the mission of the agency, including whether it has a law enforcement function and the volume of classified material essential to its work. In sum, despite the similarity of the requests, it is not apparent now that the facts and law to be considered in determining whether each agency has complied with FOIA will be the same, and the cases will not be reassigned pursuant to Local Rule 40.5. This order does not rule out the possibility that cases could be consolidated in the future for the consideration of a common question of law. SO ORDERED. Signed by Judge Amy Berman Jackson on 09/02/2022. (DMK) (Entered: 09/02/2022)
2022-09-0212Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Solomon-Strauss, Hannah) (Entered: 09/02/2022)
2022-09-19MINUTE ORDER. Upon consideration of the 12 Joint Status Report, it is ORDERED that the Parties shall file an additional joint status report on or before October 14, 2022, and every 60 days thereafter until either party moves for a briefing schedule for dispositive motions, files a dispositive motion, or the case is terminated. Signed by Judge Carl J. Nichols on September 19, 2022. (lccjn2) (Entered: 09/19/2022)
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