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DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03187
Date Filed2022-10-19
Date ClosedOpen
JudgeJudge Carl J. Nichols
Case DescriptionThe Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning allegations of a whipping incident by border patrol agents. The Heritage Foundation also requested a fee waiver and expedited processing. The agency granted the Heritage Foundation's request for expedited processing. But 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

Complaint attachment 1
Complaint attachment 2
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Complaint attachment 5
Complaint attachment 6
User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-10-191COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-9607929) filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 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. (zsb) (Entered: 10/19/2022)
2022-10-243SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 10/24/2022)
2022-10-254STANDING ORDER. Signed by Judge Carl J. Nichols on October 25, 2022. (lccjn2) (Entered: 10/25/2022)
2022-11-225NOTICE of Appearance by Erika Kirstie Oblea on behalf of U.S. DEPARTMENT OF JUSTICE (Oblea, Erika) (Entered: 11/22/2022)
2022-11-236ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Oblea, Erika) (Entered: 11/23/2022)
2022-11-307MINUTE 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 30, 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 30, 2022. (lccjn2) (Entered: 11/30/2022)
2022-12-01Set/Reset Deadlines: Joint Status Report due by 12/30/2022. (zkh) (Entered: 12/01/2022)
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