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Case Detail

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DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03186
Date Filed2022-10-19
Date ClosedOpen
JudgeJudge Carl J. Nichols
Case DescriptionThe Heritage Foundation submitted a FOIA request to the Department of Homeland Security for records concerning the whipping incident involving border patrol agents near the Rio Grande River. The Heritage Foundation also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request. The agency granted the Heritage Foundation's request for expedited processing. However, after hearing nothing further from the agency, the Heritage Foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Adequacy - Search, Litigation - Attorney's fees, Public Interest Fee Waiver

Complaint attachment 1
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User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-10-191COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 402 receipt number ADCDC-9607926) filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Civil Cover Sheet, # 5 Exhibit 1, # 6 Exhibit 2)(Dewey, Samuel) (Entered: 10/19/2022)
2022-10-192NOTICE OF RELATED CASE by HERITAGE FOUNDATION, MIKE HOWELL. Case related to Case No. 22-cv-1770. (Dewey, Samuel) (Entered: 10/19/2022)
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. (lccjn2) (Entered: 10/25/2022)
2022-11-185NOTICE of Appearance by Derek S. Hammond on behalf of All Defendants (Hammond, Derek) (Entered: 11/18/2022)
2022-11-186ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY.(Hammond, Derek) (Entered: 11/18/2022)
2022-11-21MINUTE 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 December 21, 2022. 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 November 21, 2022. (lccjn2) (Entered: 11/21/2022)
2022-11-21Set/Reset Deadlines: Joint Status Report due by 12/21/2022. (zcal) (Entered: 11/21/2022)
2022-12-217Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Hammond, Derek) (Entered: 12/21/2022)
2023-01-04MINUTE ORDER. Upon review of the 7 Joint Status Report, it is ORDERED that the Parties shall file an additional joint status report on or before January 17, 2023, 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 January 4, 2023. (lccjn2) (Entered: 01/04/2023)
2023-01-178Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Hammond, Derek) (Entered: 01/17/2023)
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