HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF HOMELAND SECURITY
| HERITAGE FOUNDATION and MIKE HOWELL |
| U.S. DEPARTMENT OF HOMELAND SECURITY |
| 1:2023cv01198 |
| May 1, 2023 |
| US District Court for the District of Columbia |
| Carl J Nichols |
| Freedom of Information Act |
| 05 U.S.C. § 552 Freedom of Information Act |
| None |
Docket Report
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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 July 7, 2023. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated dates for release of the documents requested by Plaintiff; (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 Plaintiff's request and any discussions regarding whether Plaintiff's 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 June 28, 2023. (lccjn3)
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| Filing 19 TRANSCRIPT OF MOTION FOR PRELIMINARY INJUNCTION before Judge Carl J. Nichols held on June 6, 2023; Page Numbers: 1-38. Date of Issuance: June 16, 2023. Court Reporter/Transcriber Lisa Edwards. Telephone number (202) 354-3269. Transcripts may be ordered by submitting the #Transcript Order FormFor 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 7/7/2023. Redacted Transcript Deadline set for 7/17/2023. Release of Transcript Restriction set for 9/14/2023.(zlfe) |
| Filing 18 NOTICE OF WITHDRAWAL OF MOTION by HERITAGE FOUNDATION, MIKE HOWELL re #10 MOTION for Preliminary Injunction (Attachments: #1 Exhibit 1)(Dewey, Samuel) |
| Filing 17 NOTICE of Appearance by Eric Neal Cornett on behalf of All Plaintiffs (Cornett, Eric) |
| Minute 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) |
| Filing 16 REPLY 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) |
| Filing 15 ANSWER to #7 Amended Complaint, by U.S. DEPARTMENT OF HOMELAND SECURITY.(Bardo, John) |
| Filing 14 Memorandum 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) |
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MINUTE 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)
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| Filing 13 Joint STATUS REPORT by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) |
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MINUTE 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)
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| Filing 12 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 5/2/2023 (Dewey, Samuel) |
| Filing 11 RETURN 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) |
| Filing 10 WITHDRAWN PURSUANT TO NOTICE FILED ON 6/14/2023.....MOTION 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) Modified on 6/14/2023 (zed). |
| Filing 9 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) |
| Filing 8 ENTERED 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). |
| Filing 7 AMENDED 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) |
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Filing 6
STANDING ORDER. Signed by Judge Carl J. Nichols on May 2, 2023. (lccjn3)
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| Filing 5 NOTICE of Appearance by John Bardo on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY (Bardo, John) |
| Filing 4 NOTICE of Appearance by Daniel D. Mauler on behalf of All Plaintiffs (Mauler, Daniel) |
| Filing 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)(zsl) |
| Filing 2 NOTICE of Appearance by Roman Jankowski on behalf of All Plaintiffs (Jankowski, Roman) |
| Filing 1 COMPLAINT 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) |
| Case Assigned to Judge Carl J. Nichols. (zsl) |
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