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Case TitleMCGINN v. MAYORKAS et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00008
Date Filed2024-01-02
Date ClosedOpen
JudgeJudge Trevor N. McFadden
Case DescriptionThomas McGinn, a whistleblower, submitted three FOIA requests to the Department of Homeland Security for records. The first two requests asked for records about himself. The third request asked for records about his OSC complaints. The agency acknowledged receipt of the requests. The agency asked for clarification of the two requests about himself and was told they were too broad to search. The agency located 201 pages of responsive records about the third request. However, after hearing nothing further from the agency, McGinn filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Choice of format, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantALEJANDRO MAYORKAS in his official capacity as Secretary of the Department of Homeland Security
DefendantALEJANDRO N. MAYORKAS in his official capacity as Secretary of the Department of Homeland Security
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-01-021COMPLAINT by not against THOMAS J. MCGINN Plaintiff ( Filing fee $ 405 receipt number ADCDC-10591090) filed by THOMAS J. MCGINN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General Merrick Garland, # 3 Summons U.S. Attorney Matthew Graves, # 4 Summons Secretary of Department of Homeland Security)(Harrison, Mick) (Entered: 01/02/2024)
2024-01-03Case Assigned to Judge Trevor N. McFadden. (zsl) (Entered: 01/03/2024)
2024-01-032STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/3/2024. (lctnm3) (Entered: 01/03/2024)
2024-01-043SUMMONS (3) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 01/04/2024)
2024-03-05MINUTE ORDER: Plaintiff filed the Complaint in this case on January 2, 2024. As of the date of this Order, the public docket reflects that Plaintiff has yet to file proof of service on each Defendant. Federal Rule of Civil Procedure 4(m) requires service on each Defendant no later than 90 days after the Complaint is filed, which, in this case, is April 1, 2024. The Court ORDERS Plaintiff to cause process to be served on each Defendant and file proof of such service by April 1, 2024. Failure to either do so or to establish good cause for the failure to do so will result in the dismissal of this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/4/2024. (lctnm3) (Entered: 03/05/2024)
2024-03-05Set/Reset Deadlines: Proof of service due by 4/1/2024. (hmc) (Entered: 03/05/2024)
2024-03-074ANSWER to Complaint by DEPARTMENT OF HOMELAND SECURITY, ALEJANDRO N. MAYORKAS.(Littman, M.) (Entered: 03/07/2024)
2024-03-07MINUTE ORDER: Before the Court are a Complaint and Answer in this FOIA case. It is hereby ORDERED that the parties meet and confer and that they then file a Joint Status Report proposing a schedule for proceeding in this matter. That JSR should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the JSR on or before April 8, 2024. Signed by Judge Trevor N. McFadden on 3/7/2024. (lctnm3) (Entered: 03/07/2024)
2024-03-075NOTICE of Appearance by M. Jared Littman on behalf of All Defendants (Littman, M.) (Entered: 03/07/2024)
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by FOIA Project Staff
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