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Case TitleCATO INSTITUTE v. U.S. DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01940
Date Filed2022-07-05
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffCATO INSTITUTE
Case DescriptionThe Cato Institute submitted a FOIA request to the Department of Homeland Security for records concerning implementation of Presidential Proclamation 9645. The agency acknowledged receipt of the request. The agency told the Cato Institute that it found no responsive records. The Cato Institute asked the agency how it conducted its search. The agency then told the Cato Institute that it could file an administrative appeal. The Cato Institute filed an administrative appeal. After hearing nothing further from the agency, the Cato Institute filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-07-051COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 402 receipt number ADCDC-9349438) filed by CATO INSTITUTE. (Attachments: # 1 Exhibit Ex 1-8, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 07/05/2022)
2022-07-052NOTICE of Appearance by Matthew Topic on behalf of CATO INSTITUTE (Topic, Matthew) (Entered: 07/05/2022)
2022-07-053NOTICE of Appearance by Joshua Loevy on behalf of CATO INSTITUTE (Loevy, Joshua) (Entered: 07/05/2022)
2022-07-06Case Assigned to Judge Timothy J. Kelly. (zsb) (Entered: 07/06/2022)
2022-07-074SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 07/07/2022)
2022-09-025NOTICE of Appearance by Daniel Patrick Schaefer on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY (Schaefer, Daniel) (Entered: 09/02/2022)
2022-09-026ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY.(Schaefer, Daniel) (Entered: 09/02/2022)
2022-09-06MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by October 3, 2022. Signed by Judge Timothy J. Kelly on 9/6/2022. (lctjk1) (Entered: 09/06/2022)
2022-10-037Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 10/03/2022)
2022-10-04MINUTE ORDER: Upon consideration of the parties' 7 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by November 2, 2022. Signed by Judge Timothy J. Kelly on 10/4/2022. (lctjk1) (Entered: 10/04/2022)
2022-10-148NOTICE OF SUBSTITUTION OF COUNSEL by Sean Michael Tepe on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Daniel P. Schaefer (Tepe, Sean) (Entered: 10/14/2022)
2022-11-029Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Tepe, Sean) (Entered: 11/02/2022)
2022-11-02MINUTE ORDER: Upon consideration of the parties' 9 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by December 2, 2022. Signed by Judge Timothy J. Kelly on 11/2/2022. (lctjk1) (Entered: 11/02/2022)
2022-12-0210Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Tepe, Sean) (Entered: 12/02/2022)
2022-12-05MINUTE ORDER: Upon consideration of the parties' 10 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by January 5, 2023. Signed by Judge Timothy J. Kelly on 12/5/2022. (lctjk1) (Entered: 12/05/2022)
2023-01-0511Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Tepe, Sean) (Entered: 01/05/2023)
2023-01-06MINUTE ORDER: Upon consideration of the parties' 11 joint status report, it is hereby ORDERED that the parties shall file a further joint status report by March 6, 2023. Signed by Judge Timothy J. Kelly on 1/6/2023. (lctjk1) (Entered: 01/06/2023)
2023-02-2712NOTICE of Appearance by Merrick Jason Wayne on behalf of CATO INSTITUTE (Wayne, Merrick) (Entered: 02/27/2023)
2023-03-0613Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Tepe, Sean) (Entered: 03/06/2023)
2023-03-07MINUTE ORDER: Upon consideration of the parties' 13 joint status report, it is hereby ORDERED that the parties shall file a further joint status report by May 5, 2023. Signed by Judge Timothy J. Kelly on 3/7/2023. (lctjk1) (Entered: 03/07/2023)
2023-05-0514Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Tepe, Sean) (Entered: 05/05/2023)
2023-05-08MINUTE ORDER: Upon consideration of the parties' 14 joint status report, it is hereby ORDERED that the parties shall file a further joint status report by July 5, 2023. Signed by Judge Timothy J. Kelly on 5/8/2023. (lctjk1) (Entered: 05/08/2023)
2023-07-0515Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Tepe, Sean) (Entered: 07/05/2023)
2023-07-06MINUTE ORDER: Upon consideration of the parties' 15 joint status report, it is hereby ORDERED that the parties shall file a further joint status report by September 5, 2023. Signed by Judge Timothy J. Kelly on 7/6/2023. (lctjk1) (Entered: 07/06/2023)
2023-09-0516Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Tepe, Sean) (Entered: 09/05/2023)
2023-09-06MINUTE ORDER: Upon consideration of the parties' 16 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by November 6, 2023. As far as Plaintiff contends Defendant has unreasonably delayed completing its search and seeks an order from this Court compelling Defendant to complete the search by a date certain, it may seek such relief only by an appropriate motion. Signed by Judge Timothy J. Kelly on 9/6/2023. (lctjk1) (Entered: 09/06/2023)
2023-10-3117NOTICE OF SUBSTITUTION OF COUNSEL by Joseph F. Carilli, Jr on behalf of All Defendants Substituting for attorney Sean Tepe (Carilli, Joseph) (Entered: 10/31/2023)
2023-11-0718Unopposed MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A Joint Status Report)(Carilli, Joseph) (Entered: 11/07/2023)
2023-11-08MINUTE ORDER granting Defendant's 18 Unopposed Motion for an Extension of Time to File a Joint Status Report Nunc Pro Tunc. It is hereby ORDERED, nunc pro tunc and for good cause shown, that Defendant's 18 unopposed motion for an extension of time to file a joint status report until November 7, 2023, is hereby GRANTED. The Clerk of Court is directed to docket the parties' joint status report, ECF No. 18-1. It is further ORDERED that the parties shall file a further joint status report by January 5, 2024, updating the Court on the status of Defendant's outstanding search for responsive records. Signed by Judge Timothy J. Kelly on 11/8/2023. (lctjk1) (Entered: 11/08/2023)
2023-11-0819JOINT STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (ztth) (Entered: 11/08/2023)
2024-01-0520Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Carilli, Joseph) (Entered: 01/05/2024)
2024-01-08MINUTE ORDER: Upon consideration of the parties' 20 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by March 5, 2024. As far as Plaintiff contends Defendant has unreasonably delayed completing its search and seeks an order from this Court compelling Defendant to complete the search by a certain date, it may seek such relief only by an appropriate motion. Signed by Judge Timothy J. Kelly on 1/8/2024. (lctjk1) (Entered: 01/08/2024)
2024-03-0521Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Carilli, Joseph) (Entered: 03/05/2024)
2024-03-06MINUTE ORDER: Upon consideration of the parties' 21 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by May 6, 2024. Signed by Judge Timothy J. Kelly on 3/6/2024. (lctjk1) (Entered: 03/06/2024)
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