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Case TitleHERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01198
Date Filed2023-05-01
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffHERITAGE FOUNDATION
PlaintiffMIKE HOWELL
Case DescriptionThe Heritage Foundation submitted a FOIA request to the Department of Homeland Security for records concerning the Alien File for Prince Harry, the Duke of Sussex. The request also asked for a fee waiver and expedited processing. The agency acknowledged receipt of the request. U.S. Customs and Border Protection invoked a Glomar response neither confirming nor denying the existence of records because the Heritage Foundation had not provided a third-party authorization. U.S. Citizenship and Immigration Services told the Heritage Foundation that it was having difficulty locating Prince Harry's Alien File. After hearing nothing further from the agencies, the Heritage Foundation filed suit.
Complaint issues: Fees, Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

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

2023-05-011COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 402 receipt number ADCDC-10035766) filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Civil Cover Sheet, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Exhibit 12, # 17 Exhibit 13, # 18 Exhibit 14, # 19 Exhibit 15, # 20 Exhibit 16)(Dewey, Samuel) (Entered: 05/01/2023)
2023-05-012NOTICE of Appearance by Roman Jankowski on behalf of All Plaintiffs (Jankowski, Roman) (Entered: 05/01/2023)
2023-05-01Case Assigned to Judge Carl J. Nichols. (zsl) (Entered: 05/01/2023)
2023-05-013SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 05/01/2023)
2023-05-014NOTICE of Appearance by Daniel D. Mauler on behalf of All Plaintiffs (Mauler, Daniel) (Entered: 05/01/2023)
2023-05-015NOTICE of Appearance by John Bardo on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY (Bardo, John) (Entered: 05/01/2023)
2023-05-026STANDING ORDER. Signed by Judge Carl J. Nichols on May 2, 2023. (lccjn3) (Entered: 05/02/2023)
2023-05-057AMENDED COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Exhibit Redline, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17)(Dewey, Samuel) (Entered: 05/05/2023)
2023-05-108ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/1/2023. Answer due for ALL FEDERAL DEFENDANTS by 5/31/2023. (Dewey, Samuel) Modified on 5/15/2023. Counsel has refiled pleading (zed). (Entered: 05/10/2023)
2023-05-109RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/1/2023. Answer due for ALL FEDERAL DEFENDANTS by 5/31/2023. (Dewey, Samuel) (Entered: 05/10/2023)
2023-05-1010MOTION for Preliminary Injunction by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration of Samuel Everett Dewey, # 4 Exhibit Dewey Decl. Ex. 1)(Dewey, Samuel) (Entered: 05/10/2023)
2023-05-1011RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General May 3, 2023. (Dewey, Samuel) (Entered: 05/10/2023)
2023-05-1012RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 5/2/2023 (Dewey, Samuel) (Entered: 05/10/2023)
2023-05-11MINUTE ORDER. In light of Plaintiffs' 10 Motion for Preliminary Injunction, it is hereby ORDERED that on or before Monday, May 15, 2023, at 5:00 PM, the Parties shall meet, confer, and file a Joint Status Report addressing the following issues: (1) a proposed briefing schedule for Plaintiffs' 10 Motion; (2) a statement addressing whether a hearing on the Motion is necessary, and if so, a proposed date for such a hearing; and (3) a statement addressing whether the Parties anticipate factual disputes between declarants, and if so, a statement addressing whether the Parties believe an evidentiary hearing will be necessary to resolve the disputes and a proposal for proceeding with such a hearing, see LCvR 65.1(d). The Parties may also address any other issues that they believe will be helpful to the Court. Any disagreements should be noted in the Joint Status Report. Signed by Judge Carl J. Nichols on May 11, 2023. (lccjn3) (Entered: 05/11/2023)
2023-05-1513Joint STATUS REPORT by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 05/15/2023)
2023-05-17MINUTE ORDER. Upon consideration of 13 Joint Status Report, it is hereby ORDERED that Defendant's Response to the Motion for Preliminary Injunction be filed on or before May 26, 2023, and Plaintiffs' reply to be filed on or before June 2, 2023. It is further ORDERED that the parties appear for a hearing on the Motion on June 6, 2023, in Courtroom 17 at 2:30 PM. Signed by Judge Carl J. Nichols on May 17, 2023. (lccjn3) (Entered: 05/17/2023)
2023-05-2614Memorandum in opposition to re 10 Motion for Preliminary Injunction filed by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Text of Proposed Order)(Bardo, John) (Entered: 05/26/2023)
2023-05-3115ANSWER to 7 Amended Complaint, by U.S. DEPARTMENT OF HOMELAND SECURITY.(Bardo, John) (Entered: 05/31/2023)
2023-06-0216REPLY to opposition to motion re 10 MOTION for Preliminary Injunction 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 3 to Dewey Decl., # 5 Exhibit 4 to Dewey Decl., # 6 Exhibit 5 to Dewey Decl., # 7 Exhibit 6 to Dewey Decl.)(Dewey, Samuel) (Entered: 06/02/2023)
2023-06-0617NOTICE of Appearance by Eric Neal Cornett on behalf of All Plaintiffs (Cornett, Eric) (Entered: 06/06/2023)
2023-06-06Minute Entry for proceedings held before Judge Carl J. Nichols: Motion Hearing held on 6/6/2023 re 10 Motion For Preliminary Injunction. The Court Heard Oral Arguments From The Parties. Motion Is Currently Under Advisement. (Court Reporter LISA EDWARDS.) (mac) (Entered: 06/06/2023)
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