| Date Filed | Doc # | Docket Text |
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| 2022-10-19 | 1 | COMPLAINT 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) |
| 2022-10-19 | 2 | NOTICE OF RELATED CASE by HERITAGE FOUNDATION, MIKE HOWELL. Case related to Case No. 22-cv-1770. (Dewey, Samuel) (Entered: 10/19/2022) |
| 2022-10-19 | | Case Assigned to Judge Carl J. Nichols. (zmrl) (Entered: 10/19/2022) |
| 2022-10-19 | 3 | SUMMONS (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) |
| 2022-10-25 | 4 | STANDING ORDER. Signed by Judge Carl J. Nichols on October 25, 2022. (lccjn2) (Entered: 10/25/2022) |
| 2022-11-18 | 5 | NOTICE of Appearance by Derek S. Hammond on behalf of All Defendants (Hammond, Derek) (Entered: 11/18/2022) |
| 2022-11-18 | 6 | ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY.(Hammond, Derek) (Entered: 11/18/2022) |
| 2022-11-21 | | MINUTE 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) |
| 2022-11-21 | | Set/Reset Deadlines: Joint Status Report due by 12/21/2022. (zcal) (Entered: 11/21/2022) |
| 2022-12-21 | 7 | Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Hammond, Derek) (Entered: 12/21/2022) |
| 2023-01-04 | | MINUTE 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) |
| 2023-01-17 | 8 | Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Hammond, Derek) (Entered: 01/17/2023) |
| 2023-02-28 | 9 | NOTICE OF SUBSTITUTION OF COUNSEL by Fithawi Berhane on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Derek Hammond (Berhane, Fithawi) (Entered: 02/28/2023) |
| 2023-03-20 | 10 | Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Berhane, Fithawi) (Entered: 03/20/2023) |
| 2023-05-19 | 11 | Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 05/19/2023) |
| 2023-05-31 | | MINUTE ORDER. Upon review of the 11 Joint Status Report, it is ORDERED that the Parties shall abide by the following briefing schedule: Defendant shall file its motion for summary judgment on or before July 7, 2023; Plaintiffs shall file their cross-motion for summary judgment and/or opposition to Defendant's motion for summary judgment on or before August 7, 2023; Defendant shall submit its reply in support of its motion for summary judgment and/or its opposition brief to Plaintiffs' cross-motion for summary judgment on or before September 6, 2023; and Plaintiffs shall file their reply on or before October 6, 2023. Signed by Judge Carl J. Nichols on May 31, 2023. (lccjn2) (Entered: 05/31/2023) |
| 2023-06-08 | 12 | NOTICE of Appearance by Eric Neal Cornett on behalf of All Plaintiffs (Cornett, Eric) (Main Document 12 replaced on 6/12/2023) (zed). (Entered: 06/08/2023) |
| 2023-07-07 | 13 | MOTION for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Vaughn Index, # 5 Text of Proposed Order)(Berhane, Fithawi) (Entered: 07/07/2023) |
| 2023-08-03 | 14 | MOTION for Extension of Time to File Response/Reply by HERITAGE FOUNDATION, MIKE HOWELL. (Cornett, Eric) (Entered: 08/03/2023) |
| 2023-08-04 | | MINUTE ORDER. Upon review of Plaintiffs' 14 Motion for Extension of Time, it is ORDERED that the Motion is GRANTED. Plaintiffs shall file their cross-motion for summary judgment on or before August 21, 2023; Defendant shall file its reply and opposition to the cross-motion for summary judgment on or before September 20, 2023; and Plaintiffs shall file a reply on or before October 20, 2023. Signed by Judge Carl J. Nichols on August 4, 2023. (lccjn2) (Entered: 08/04/2023) |
| 2023-08-21 | 15 | Memorandum in opposition to re 13 Motion for Summary Judgment filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Declaration Declaration of Samuel Everett Dewey, # 2 Exhibit Exhibit to Dewey Declaration, # 3 Exhibit Exhibit to Dewey Declaration, # 4 Statement of Facts Statement of Facts and Response)(Cornett, Eric) (Entered: 08/21/2023) |
| 2023-08-21 | 16 | Cross MOTION for Summary Judgment by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Declaration Declaration of Samuel Everett Dewey, # 2 Exhibit Exhibit 1 to Declaration, # 3 Exhibit Exhibit 2 Declaration, # 4 Statement of Facts Statement of Facts)(Cornett, Eric) (Entered: 08/21/2023) |
| 2023-09-20 | 17 | Memorandum in opposition to re 16 Motion for Summary Judgment, filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Text of Proposed Order)(Berhane, Fithawi) (Entered: 09/20/2023) |
| 2023-09-20 | 18 | REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Text of Proposed Order)(Berhane, Fithawi) (Entered: 09/20/2023) |
| 2023-10-20 | 19 | REPLY to opposition to motion re 16 Cross MOTION for Summary Judgment filed by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 10/20/2023) |
| 2023-10-20 | 20 | DECLARATION by HERITAGE FOUNDATION, MIKE HOWELL re 16 Cross MOTION for Summary Judgment . (Attachments: # 1 Exhibit 1)(Dewey, Samuel) (Entered: 10/20/2023) |
| 2023-10-24 | 21 | LARGE ADDITIONAL ATTACHMENT(S) Ex. 2 part 1 by HERITAGE FOUNDATION, MIKE HOWELL 20 Declaration filed by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 10/24/2023) |
| 2023-10-24 | 22 | LARGE ADDITIONAL ATTACHMENT(S) Ex. 2 part 2 by HERITAGE FOUNDATION, MIKE HOWELL 20 Declaration filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Supplement, # 2 Supplement, # 3 Supplement, # 4 Supplement, # 5 Supplement, # 6 Supplement)(Dewey, Samuel) (Entered: 10/24/2023) |
| 2023-10-24 | 23 | LARGE ADDITIONAL ATTACHMENT(S) Ex. 3 by HERITAGE FOUNDATION, MIKE HOWELL 20 Declaration filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Supplement, # 2 Supplement, # 3 Supplement, # 4 Supplement, # 5 Supplement)(Dewey, Samuel) (Entered: 10/24/2023) |
| 2024-02-05 | | MINUTE ORDER. The parties are ORDERED to appear for a hearing on the 13 Motion for Summary Judgment and 14 Cross-Motion for Summary Judgment on February 22, 2024 at 1 PM in Courtroom 17. So ORDERED by Judge Carl J. Nichols on February 5, 2024. (lccjn2) (Entered: 02/05/2024) |
| 2024-02-22 | | Minute Entry for proceedings held before Judge Carl J. Nichols: Status Conference held on 2/22/2024. Case called for Motion Hearing, but was not held. Defendant's Answers to the Court's Questions due by 3/1/2024. Court Reporter: Lorraine Herman. (zcam) (Entered: 02/22/2024) |
| 2024-02-25 | 24 | TRANSCRIPT OF PROCEEDINGS before Judge Carl J. Nichols, held on February 22, 2024. Page Numbers: 1-25. Date of Issuance: February 25, 2024. Court Reporter: Lorraine Herman. Email: Lorraine_Herman@dcd.uscourts.gov. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/17/2024. Redacted Transcript Deadline set for 3/27/2024. Release of Transcript Restriction set for 5/25/2024.(Herman, Lorraine) (Entered: 02/25/2024) |
| 2024-03-01 | 25 | STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Berhane, Fithawi) (Entered: 03/01/2024) |
| 2024-03-25 | | MINUTE ORDER. In light of Defendant's willingness to conduct additional searches as stated in its 25 status report, Defendant is ORDERED to confer with Plaintiffs and conduct any additional searches Plaintiffs request that Defendant is willing to conduct. It is further ORDERED that the parties shall file a joint status report on or before April 22, 2024 and every 30 days thereafter until either party moves for a briefing schedule for dispositive motions, files a dispositive motion, or the case is terminated. It is further ORDERED that both ( 13 and 16 ) motions are DENIED without prejudice at this time, pending the parties' submission of further status reports. So ORDERED by Judge Carl J. Nichols on March 25, 2024. (lccjn2) (Entered: 03/25/2024) |
| 2024-04-22 | 26 | Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Berhane, Fithawi) (Entered: 04/22/2024) |
| 2024-05-23 | 27 | Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Berhane, Fithawi) (Entered: 05/23/2024) |
| 2024-06-26 | 28 | Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Berhane, Fithawi) (Entered: 06/26/2024) |
| 2024-08-01 | 29 | Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Berhane, Fithawi) (Entered: 08/01/2024) |
| 2024-09-17 | 30 | STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Berhane, Fithawi) (Entered: 09/17/2024) |
| 2024-10-10 | 31 | STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Berhane, Fithawi) (Entered: 10/10/2024) |
| 2024-10-24 | | MINUTE ORDER. Upon consideration of the 31 Status Report, Plaintiff is hereby ORDERED to file a status report on or before November 15, 2024, updating the Court about its proposed search terms and next steps in this case. So ORDERED by Judge Carl J. Nichols on October 24, 2024. (lccjn2) (Entered: 10/24/2024) |
| 2024-12-02 | 32 | STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Berhane, Fithawi) (Entered: 12/02/2024) |
| 2024-12-02 | 33 | STATUS REPORT by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 12/02/2024) |
| 2024-12-03 | 34 | NOTICE of Appearance by Max Taylor Matheu on behalf of All Plaintiffs (Matheu, Max) (Main Document 34 replaced on 12/4/2024) (zdp). (Entered: 12/03/2024) |
| 2024-12-03 | 35 | ENTERED IN ERROR.....NOTICE of Appearance by Max Taylor Matheu on behalf of All Plaintiffs (Matheu, Max) Modified on 12/4/2024; duplicate of docket entry 34 (zdp). (Entered: 12/03/2024) |
| 2024-12-17 | | MINUTE ORDER. Upon consideration of the 32 and 33 Status Reports, the parties are ordered to appear for a video status conference at 4:00 PM on January 9, 2025. So ORDERED by Judge Carl J. Nichols on December 17, 2024. (lccjn2) (Entered: 12/17/2024) |
| 2025-01-06 | | Set/Reset Hearings: Status Conference reset for 1/10/2025 at 01:00 PM in Telephonic/VTC before Judge Carl J. Nichols. (zcam) (Entered: 01/06/2025) |
| 2025-01-10 | | Minute Entry for proceedings held before Judge Carl J. Nichols: Video Status Conference held on 1/10/2025. Joint Status Report due by 2/10/2025. Court Reporter: Lorraine Herman. (zcam) (Entered: 01/13/2025) |
| 2025-02-10 | 36 | Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Berhane, Fithawi) (Entered: 02/10/2025) |
| 2025-02-11 | | MINUTE ORDER. Upon consideration of the 36 Joint Status Report, the Parties are ORDERED to file another joint status report on or before March 3, 2025. That filing should address the questions identified by Plaintiff in the 36 Joint Status Report, including whether the Government has identified, based on the non-responsive records it has reviewed, any search terms that may be causing false positives. So ORDERED by Judge Carl J. Nichols on February 11, 2025. (lccjn2) (Entered: 02/11/2025) |
| 2025-03-03 | 37 | Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Berhane, Fithawi) (Entered: 03/03/2025) |
| 2025-03-04 | 38 | TRANSCRIPT OF VIDEO STATUS CONFERENCE, before Judge Carl J. Nichols, held on January 10, 2025. Page Numbers: 1-14. Date of Issuance: March 4, 2025. Court Reporter: Lorraine Herman. Email: lorraine_herman@dcd.uscourts.gov. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/25/2025. Redacted Transcript Deadline set for 4/4/2025. Release of Transcript Restriction set for 6/2/2025.(Herman, Lorraine) (Entered: 03/04/2025) |
| 2025-03-06 | | MINUTE ORDER. Upon consideration of the 37 Joint Status Report, the Parties are ORDERED to file, on or before March 12, 2025, another joint status report addressing the questions posed in the Minute Order entered on February 11, 2025. So ORDERED by Judge Carl J. Nichols on March 6, 2025. (lccjn2) (Entered: 03/06/2025) |
| 2025-03-12 | 39 | STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Berhane, Fithawi) (Entered: 03/12/2025) |
| 2025-03-12 | 40 | STATUS REPORT by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Errata 1, # 2 Exhibit 2, # 3 Exhibit 3)(Dewey, Samuel) (Entered: 03/12/2025) |
| 2025-03-17 | | MINUTE ORDER. Upon consideration of the 39 and 40 Status Reports, the Parties are ORDERED to file a joint status report by March 31, 2025, informing the Court whether they have been able to narrow Plaintiff's search terms to reduce the set of potentially responsive documents. To that end, the Court notes that, in determining which search terms might be causing false positives, the Parties may be able to learn more from non-responsive documents—that is, from the false positives themselves—than from responsive documents. The Court further informs the Parties that if they have not made any progress by the time they file the next joint status report, the Court will consider ordering that the government begin processing all the documents it previously identified as potentially responsive. So ORDERED by Judge Carl J. Nichols on March 17, 2025. (lccjn2) (Entered: 03/17/2025) |
| 2025-03-31 | 41 | STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Berhane, Fithawi) (Entered: 03/31/2025) |
| 2025-03-31 | 42 | ERRATA by U.S. DEPARTMENT OF HOMELAND SECURITY re 41 Status Report. (Attachments: # 1 Exhibit 1)(Berhane, Fithawi) (Entered: 03/31/2025) |
| 2025-03-31 | 43 | STATUS REPORT by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 03/31/2025) |
| 2025-04-03 | | MINUTE ORDER. Upon consideration of the 42 and 43 Status Reports, the Parties are hereby ORDERED to file a joint status report on or before May 9, 2025. So ORDERED by Judge Carl J. Nichols on April 3, 2025. (lccjn2) (Entered: 04/03/2025) |
| 2025-05-12 | 44 | Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Berhane, Fithawi) (Entered: 05/12/2025) |
| 2025-05-14 | | MINUTE ORDER. Upon consideration of the 44 Joint Status Report and the Parties' deadlock described therein, the government is ORDERED to file, on or before June 6, 2025, a status report informing the Court whether it plans to file a dispositive motion challenging Plaintiffs' FOIA request. If that status report concedes that FOIA requires the government to respond to Plaintiffs' request, the Court will order the government to begin processing the potentially responsive records it has identified. So ORDERED by Judge Carl J. Nichols on May 14, 2025. (lccjn2) (Entered: 05/14/2025) |
| 2025-06-05 | 45 | STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Berhane, Fithawi) (Entered: 06/05/2025) |
| 2025-06-09 | | MINUTE ORDER. Upon consideration of the 45 Status Report, it is hereby ORDERED that the government file its motion for summary judgment on or before July 21, 2025; that Plaintiffs file their response and any cross-motion for summary judgment on or before August 20, 2025; that the government file its reply in support of its motion on or before September 19, 2025; and that Plaintiffs file their reply in support of their cross-motion, if applicable, on or before October 20, 2025. So ORDERED by Judge Carl J. Nichols on June 9, 2025. (lccjn2) (Entered: 06/09/2025) |
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