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DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03184
Date Filed2022-10-18
Date ClosedOpen
JudgeJudge Carl J. Nichols
Case DescriptionThe Heritage Foundation submitted a FOIA request to the Department of Homeland Security for records concerning allegations that Customs and Border Protection agents whipped migrants that were to enter the U.S. The Heritage Foundation also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request and granted the Heritage Foundation's request for expedited processing. After hearing nothing further from the agency, the Heritage Foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Public Interest Fee Waiver, Litigation - Attorney's fees

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

2022-10-181COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 402 receipt number ADCDC-9607878) filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Civil Cover Sheet, # 2 Related Case Form- Criminal, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Exhibit 1, # 7 Exhibit 2)(Dewey, Samuel) (Entered: 10/18/2022)
2022-10-182NOTICE OF RELATED CASE by HERITAGE FOUNDATION, MIKE HOWELL. Case related to Case No. 22-cv-1770. (Dewey, Samuel) (Entered: 10/18/2022)
2022-10-19Case Assigned to Judge Carl J. Nichols. (zmrl) (Entered: 10/19/2022)
2022-10-193SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmrl) (Entered: 10/19/2022)
2022-10-254STANDING ORDER. Signed by Judge Carl J. Nichols on October 25, 2022. (lccnj2) (Main Document 4 replaced on 10/26/2022) (zcal). (Entered: 10/25/2022)
2022-11-185MOTION for Extension of Time to File Answer re 1 Complaint, with Partial Consent by U.S. DEPARTMENT OF HOMELAND SECURITY. (Venguswamy, Kartik) (Entered: 11/18/2022)
2022-11-216Memorandum in opposition to re 5 Motion for Extension of Time to File Answer filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Declaration of Samuel Everett Dewey, # 2 Exhibit 1 to Dewey Decl., # 3 Exhibit 2 to Dewey Decl., # 4 Exhibit 2 to Dewey Decl.)(Dewey, Samuel) (Entered: 11/21/2022)
2022-11-21MINUTE ORDER. Upon review of Defendant's 5 Motion for Extension of Time, it is ORDERED that the Motion is GRANTED. It is further ORDERED that Defendant shall answer or otherwise respond to Plaintiffs' 1 Complaint on or before December 19, 2022. Defendant is admonished to abide by the requirements of the Court's 4 Standing Order regarding any future requests for extensions of time. Signed by Judge Carl J. Nichols on November 21, 2022. (lccjn2) (Entered: 11/21/2022)
2022-12-227ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY.(Venguswamy, Kartik) (Entered: 12/22/2022)
2023-01-04MINUTE 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 January 31, 2023. The Joint Status Report shall address: (1) the status of Plaintiffs' FOIA request; (2) the anticipated number of documents responsive to Plaintiffs' FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiffs; (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 Plaintiffs' requests and any discussions regarding whether Plaintiffs' request 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 January 4, 2023. (lccjn2) (Entered: 01/04/2023)
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