Civil Rights Litigation Clearinghouse

Case: Protect Democracy Project v. U.S. Department of Homeland Security

1:17-cv-02202 | U.S. District Court for the District of Columbia

Filed Date: Oct. 24, 2017

Case Ongoing

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Case Summary

On Oct. 24, 2017, the Protect Democracy Project filed this lawsuit under the Freedom of Information Act (FOIA) in the U.S. District Court for the District of Columbia. According to the complaint, plaintiff is a nonprofit organization with a "mission is to protect our democracy from descending into a more autocratic form of government by preventing those in power from depriving Americans of a free, fair, and fully-informed opportunity to exercise ultimate sovereignty." As part of its activities,…

Plaintiff sought disclosure of agency records by the Department of Homeland Security (DHS) and its component Customs and Border Protection (CBP) that would shed light on the extent to which defendants cooperated with armed private militia groups along the U.S.-Mexico border. In his Jan. 25, 2017 Executive Order 13767, President Trump directed DHS to hire 5,000 additional CBP agents. According to plaintiff, public reports suggest that CBP agents may be informally working with unaffiliated militia groups to police the border.

The complaint alleged that on Aug. 3, 2017, plaintiff submitted a FOIA request to DHS seeking copies of records related to the following:

1. DHS's interactions and involvement with unaffiliated border enforcement groups, including all communications between CBP field officers and any other component of DHS relating to such groups, and all communications between any DHS employee and any representative of such group;

2. CBP's interactions and involvement with such groups at the Sectors of Big Bend, Del Rio, Laredo, and Rio Grande Valley, TX; Tuscon and Yuma, AZ; and El Centro and San Diego, CA.

The complaint further alleged that, to date, plaintiff had not received a substantive response from DHS or CBP. Plaintiff sought an expedited disclosure order under FOIA and sought legal fees.

The case was filed in the U.S. District Court for the District of Columbia and was assigned to Judge Randolph D. Moss.

Also on Oct. 24, plaintiff filed a notice that this case was related to another with the same name, Protect Democracy Project v. DHS, No. 1:17-cv-02118 (D.D.C. Oct. 13, 2017).

Status reports filed from March through October 2018 indicated the parties continued to confer on the scope of the search and that the defendants produced responsive records periodically.

A status conference was held on October 29, 2018, and the court ordered that CBP provide a description of the searches that the agency has conducted as well as hit counts for the searches by November 5 and 12, respectively. The court ordered DHS to meet and confer with the plaintiffs to discuss the plaintiff’s request for an explanation of the agency’s redactions.

In the status report dated Nov. 16, 2018, the plaintiffs claimed that DHS had failed to respond to the requests to meet and confer for eleven days after the imposed deadline, and asked the court to enter an order requiring DHS to provide them with a summary of the basis for its redactions and withholdings and an explanation for its failure to respond to the meet and confer request. The court ordered the parties to meet and confer. The plaintiffs further submitted in a later report dated March 15, 2019, that DHS had failed to comply with the agreed ordered production schedule. The court ordered DHS to submit a declaration. DHS submitted a declaration stating that they were unable to process any records temporarily due to the government shutdown at the time and the high workload that resulted afterward.

In the latest joint status report filed by the parties on June 12, 2020 the defendants reported that they continued to experience work disruptions resulting from the COVID-19 pandemic, but that they expected to complete their processing and release of remaining, non-exempt records by the end of July.

This case is ongoing.

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Summary Authors

Ava Morgenstern (5/5/2018)

Virginia Weeks (10/25/2018)

Averyn Lee (6/30/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6175998/parties/protect-democracy-project-inc-v-department-of-homeland-security/

Judge(s)

Moss, Randolph Daniel (District of Columbia)

Attorneys(s) for Plaintiff

Barnett, Kevin Travers (District of Columbia)

Gore, Nikhil V. (District of Columbia)

Iraola, David J. (District of Columbia)

Saperstein, Jennifer H. (District of Columbia)

Schwartztol, Laurence Michael (New York)

Attorneys(s) for Defendant

Liu, Jessie K. (District of Columbia)

Pfaffenroth, Peter C (District of Columbia)

Sherwin, Michael R. (District of Columbia)

Sroka, Scott Leeson (District of Columbia)

Judge(s)

Moss, Randolph Daniel (District of Columbia)

Attorneys(s) for Plaintiff

Barnett, Kevin Travers (District of Columbia)

Gore, Nikhil V. (District of Columbia)

Iraola, David J. (District of Columbia)

Saperstein, Jennifer H. (District of Columbia)

Schwartztol, Laurence Michael (New York)

Attorneys(s) for Defendant

Liu, Jessie K. (District of Columbia)

Pfaffenroth, Peter C (District of Columbia)

Sherwin, Michael R. (District of Columbia)

Sroka, Scott Leeson (District of Columbia)

Van Horn, Daniel F (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
	Docket [PACER] Protect Democracy Project, Inc. v. Department of Homeland Security	June 14, 2020	Docket
1	Complaint for Injunctive and Declaratory Relief The Protect Democracy Project v. The Department of Homeland Security	Oct. 24, 2017	Complaint
14	Joint Status Report Protect Democracy Project v. Department of Homeland Security	March 2, 2018	Other
16	Status Report and Proposed Production Schedule Protect Democracy Project, Inc. v. Department of Homeland Security	April 13, 2018	Pleading / Motion / Brief
27	Plaintiff's Supplemental Status Report The Protect Democracy Project, Inc. v. Department of Homeland Security	Oct. 24, 2018	Pleading / Motion / Brief
29	Plaintiff's Status Report The Protect Democracy Project, Inc. v. Department of Homeland Security	Nov. 16, 2018	Pleading / Motion / Brief
33	Joint Status Report	March 15, 2019	Pleading / Motion / Brief
46	Joint Status Report	June 12, 2020	Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6175998/protect-democracy-project-inc-v-department-of-homeland-security/

Last updated May 12, 2022

ECF Number	Description	Date	Link
1	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5173166) filed by PROTECT DEMOCRACY PROJECT, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Related Case Notice, # 5 Summons Attorney General, # 6 Summons US Attorney DC, # 7 Summons Customs and Border Protection, # 8 Summons Dept of Homeland Security)(Barnett, Kevin) (Attachment 1 replaced on 10/25/2017) (zsth). (Entered: 10/24/2017) 1 Civil Cover Sheet View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Related Case Notice View on PACER 5 Summons Attorney General View on PACER 6 Summons US Attorney DC View on PACER 7 Summons Customs and Border Protection View on PACER 8 Summons Dept of Homeland Security View on PACER	Oct. 24, 2017	RECAP
2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PROTECT DEMOCRACY PROJECT, INC. (Barnett, Kevin) (Entered: 10/24/2017)	Oct. 24, 2017	PACER
	Case Assigned to Judge Randolph D. Moss. (sth)	Oct. 24, 2017	PACER
3	NOTICE OF RELATED CASE by PROTECT DEMOCRACY PROJECT, INC.. Case related to Case No. 17cv2118. (sth) (Entered: 10/25/2017)	Oct. 24, 2017	PACER
4	SUMMONS (4) Issued Electronically as to CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(sth) (Entered: 10/25/2017)	Oct. 25, 2017	PACER
5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/25/2017. Answer due for ALL FEDERAL DEFENDANTS by 11/24/2017. (Barnett, Kevin) (Entered: 10/25/2017)	Oct. 25, 2017	PACER
6	STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the Court's Standing Order. Signed by Judge Randolph D. Moss on 10/27/2017. (lcrdm1, ) (Entered: 10/27/2017)	Oct. 27, 2017	PACER
7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CUSTOMS AND BORDER PROTECTION served on 10/30/2017; DEPARTMENT OF HOMELAND SECURITY served on 10/30/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/30/2017. (Barnett, Kevin) (Entered: 10/30/2017)	Oct. 30, 2017	PACER
8	NOTICE of Appearance by Nikhil Vikas Gore on behalf of PROTECT DEMOCRACY PROJECT, INC. (Gore, Nikhil) (Entered: 11/08/2017)	Nov. 8, 2017	PACER
9	NOTICE of Appearance by Scott Leeson Sroka on behalf of All Defendants (Sroka, Scott) (Entered: 11/20/2017)	Nov. 20, 2017	PACER
10	Consent MOTION for Extension of Time to File Answer by CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY (Sroka, Scott) (Entered: 11/22/2017)	Nov. 22, 2017	PACER
	MINUTE ORDER: Upon consideration of Defendants' Motion for Extension of Time 10, the motion is hereby GRANTED. Defendants shall respond to the Complaint on or before December 15, 2017. Signed by Judge Randolph D. Moss on 11/27/17. (lcrdm3, )	Nov. 27, 2017	PACER
	Set/Reset Deadlines: Defendants shall respond to the Complaint on or before 12/15/2017. (kt)	Nov. 27, 2017	PACER
11	ANSWER to Complaint by CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY.(Sroka, Scott) (Entered: 12/15/2017)	Dec. 15, 2017	PACER
	MINUTE ORDER: The parties are hereby ORDERED to appear for a status conference on January 19, 2018, at 10:15 a.m. in Courtroom 21. The parties are further ORDERED to meet and confer prior to the status conference to discuss scheduling for further proceedings. Signed by Judge Randolph D. Moss on 12/15/17. (lcrdm3, ) Modified on 12/18/2017 to correct date (kt).	Dec. 15, 2017	PACER
	Set/Reset Hearings: Status Conference set for 1/19/2018, at 10:15 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt)	Dec. 18, 2017	PACER
	MINUTE ORDER: The status conference currently set for January 19, 2018, is hereby VACATED and RESCHEDULED for January 4, 2018, at 10:25 a.m. Signed by Judge Randolph D. Moss on 12/22/17. (lcrdm3, )	Dec. 22, 2017	PACER
	Set/Reset Hearings: The Status Conference set for 1/19/2018 is VACATED and RESCHEDULED to 1/4/2018, at 10:25 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt)	Dec. 22, 2017	PACER
12	NOTICE of Appearance by Jennifer H. Saperstein on behalf of PROTECT DEMOCRACY PROJECT, INC. (Saperstein, Jennifer) (Entered: 01/02/2018)	Jan. 2, 2018	PACER
13	NOTICE OF WITHDRAWAL OF APPEARANCE as to PROTECT DEMOCRACY PROJECT, INC.. Attorney Kevin Travers Barnett terminated. (Barnett, Kevin) (Entered: 01/02/2018)	Jan. 2, 2018	PACER
	Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 1/4/2018. Joint Status Report due by 3/3/2018. A further Status Conference is set for 3/13/2018, at 10:15 AM, in Courtroom 21, before Judge Randolph D. Moss. (Court Reporter: Jeff Hook.) (kt)	Jan. 4, 2018	PACER
14	Joint STATUS REPORT by PROTECT DEMOCRACY PROJECT, INC.. (Gore, Nikhil) (Entered: 03/02/2018)	March 2, 2018	PACER
15	STATUS REPORT by PROTECT DEMOCRACY PROJECT, INC.. (Gore, Nikhil) (Entered: 03/12/2018)	March 12, 2018	PACER
	Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 3/13/2018. Defendants shall provide Plaintiffs and the Court with a production schedule by 4/13/2018. (Court Reporter: Jeff Hook.) (kt)	March 13, 2018	PACER
	MINUTE ORDER: It is hereby ORDERED that the parties shall submit a joint status report on or before April 27, 2018, identifying the issues remaining in this litigation and proposing a schedule for further proceedings. Signed by Judge Randolph D. Moss on 3/14/18. (lcrdm3, )	March 14, 2018	PACER
	Set/Reset Deadlines: Joint Status Report due by 4/27/2018. (kt)	March 14, 2018	PACER
16	STATUS REPORT and Proposed Production Schedule by CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY. (Sroka, Scott) (Entered: 04/13/2018)	April 13, 2018	PACER
17	Joint MOTION for Extension of Time to File Joint Status Report by CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY (Sroka, Scott) (Entered: 04/27/2018)	April 27, 2018	PACER
	MINUTE ORDER: Upon consideration of the Joint Motion for Extension of Time 17, it is hereby ORDERED that the motion is GRANTED. The parties shall file a joint status report on or before May 4, 2018. Signed by Judge Randolph D. Moss on 4/27/18. (lcrdm3, )	April 27, 2018	PACER
	Set/Reset Deadlines: Joint Status Report due by 5/4/2018. (dot)	April 27, 2018	PACER
18	Joint STATUS REPORT by PROTECT DEMOCRACY PROJECT, INC.. (Gore, Nikhil) (Entered: 05/04/2018)	May 4, 2018	PACER
	MINUTE ORDER: In light of the parties' Joint Status Report 18, it is hereby ORDERED that the parties shall appear for a status conference on May 14, 2018, at 2:00 p.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 5/7/18. (lcrdm3, )	May 7, 2018	PACER
	Set/Reset Hearings: Status Conference set for 5/14/2018, at 2:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt)	May 7, 2018	PACER
	Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 5/14/2018. Document productions shall proceed as ordered on the record. A further Status Conference is set for 7/6/2018, at 12:30 PM, in Courtroom 21, before Judge Randolph D. Moss. (Court Reporter: Jeff Hook.) (kt)	May 14, 2018	PACER
19	STATUS REPORT by PROTECT DEMOCRACY PROJECT, INC.. (Gore, Nikhil) (Entered: 07/05/2018)	July 5, 2018	PACER
	Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 7/6/2018. The parties shall meet and confer regarding the scope and timing of the search. Joint Status Report due by 8/17/2018. A further Status Conference is set for 9/5/2018, at 10:15 AM, in Courtroom 21, before Judge Randolph D. Moss. (Court Reporter: Jeff Hook.) (kt)	July 6, 2018	PACER
20	Unopposed MOTION for Extension of Time to File Status Report by CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Sroka, Scott) (Entered: 08/17/2018)	Aug. 17, 2018	PACER
21	STATUS REPORT by PROTECT DEMOCRACY PROJECT, INC.. (Gore, Nikhil) (Entered: 08/17/2018)	Aug. 17, 2018	PACER
	MINUTE ORDER: In light of Defendants' Unopposed Motion for Extension of Time to File Status Report 20, it is ORDERED that the motion is hereby GRANTED. The parties shall file their joint status report on or before August 24, 2018. Signed by Judge Randolph D. Moss on 8/17/2018. (lcrdm3, )	Aug. 17, 2018	PACER
	Set/Reset Deadlines: Joint Status Report due by 8/24/2018. (dot)	Aug. 17, 2018	PACER
22	STATUS REPORT by CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY. (Sroka, Scott) (Entered: 08/24/2018)	Aug. 24, 2018	PACER
23	Supplemental STATUS REPORT by PROTECT DEMOCRACY PROJECT, INC.. (Gore, Nikhil) (Entered: 08/24/2018)	Aug. 24, 2018	PACER
	MINUTE ORDER: Upon consideration of the parties' joint status report 22, it is hereby ORDERED that the Department of Homeland Security ("DHS") shall file a declaration on or before August 31, 2018, explaining why it cannot review and release responsive, non-exempt records at the rate proposed by Plaintiff. Signed by Judge Randolph D. Moss on 8/27/2018. (lcrdm3, )	Aug. 27, 2018	PACER
	Set/Reset Deadlines: Department of Homeland Security ("DHS") shall file a declaration on or before 8/31/2018. (kt)	Aug. 27, 2018	PACER
24	RESPONSE TO ORDER OF THE COURT re Order, Notice of Filing filed by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Declaration of James V.M.L. Holzer)(Sroka, Scott) (Entered: 08/30/2018)	Aug. 30, 2018	PACER
	Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 9/5/2018. Order forthcoming. (Court Reporter Jeff Hook.) (dot)	Sept. 5, 2018	PACER
	MINUTE ORDER: In light of the status conference held on September 5, 2018, it is hereby ORDERED that Customs and Border Protection ("CPB") shall promptly conduct a new search narrowing the universe of documents to only those relating to the Arizona sector from October 2016 to present. It is further ORDERED that the Department of Homeland Security ("DHS") shall process records at a minimum rate of 350 pages per month. It is further ORDERED that the parties' shall file a joint status report on or before October 5, 2018, alerting the Court to CPB's and DHS's progress. Signed by Judge Randolph D. Moss on 9/10/2018. (lcrdm3, )	Sept. 10, 2018	PACER
	Set/Reset Deadlines: Joint Status Report due by 10/5/2018. (kt)	Sept. 10, 2018	PACER
25	STATUS REPORT by PROTECT DEMOCRACY PROJECT, INC.. (Gore, Nikhil) (Entered: 10/05/2018)	Oct. 5, 2018	PACER
26	STATUS REPORT by CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY. (Sroka, Scott) (Entered: 10/05/2018)	Oct. 5, 2018	PACER
	MINUTE ORDER: Upon consideration of Plaintiff's status report 25, it is hereby ORDERED that the parties shall appear for a status conference on October 29, 2018, at 10:15 a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 10/10/2018. (lcrdm3, )	Oct. 10, 2018	PACER
	Set/Reset Hearings: Status Conference set for 10/29/2018, at 10:15 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt)	Oct. 10, 2018	PACER
27	Supplemental STATUS REPORT by PROTECT DEMOCRACY PROJECT, INC.. (Gore, Nikhil) (Entered: 10/24/2018)	Oct. 24, 2018	PACER
	Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 10/29/2018. On or before 11/5/2018, CBP shall provide Plaintiff with search taskers; The parties shall meet and confer, on or before 11/5/2018, about DHS providing Plaintiff with an informal redaction summary: On or before 11/12/2018, CBP shall provide Plaintiff with the number of items found in the second search; Joint Status Report due by 11/16/2018. (Court Reporter: Jeff Hook.) (kt)	Oct. 29, 2018	PACER
28	STATUS REPORT by CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY. (Sroka, Scott) (Entered: 11/16/2018)	Nov. 16, 2018	PACER
29	STATUS REPORT by PROTECT DEMOCRACY PROJECT, INC.. (Gore, Nikhil) (Entered: 11/16/2018)	Nov. 16, 2018	PACER
	MINUTE ORDER: Upon consideration of the parties' status reports 28, 29, it is hereby ORDERED that the parties shall meet and confer on the issues identified in Plaintiff's status report 29 . It is further ORDERED that the parties shall file a joint status report informing the Court of the outcome of these discussions on or before December 14, 2018. Signed by Judge Randolph D. Moss on 11/25/2018. (lcrdm3, )	Nov. 25, 2018	PACER
	Set/Reset Deadlines: Joint Status Report due by 12/14/2018. (kt)	Nov. 26, 2018	PACER
31	Joint STATUS REPORT by PROTECT DEMOCRACY PROJECT, INC.. (Iraola, David) (Entered: 01/31/2019)	Jan. 31, 2019
30	Joint STATUS REPORT by PROTECT DEMOCRACY PROJECT, INC.. (Gore, Nikhil) (Entered: 12/14/2018)	Dec. 14, 2018	PACER
	Set/Reset Deadlines: Joint Status Report due by 2/15/2019. (kt) (Entered: 02/04/2019)	Feb. 4, 2019
	MINUTE ORDER: Upon consideration of the parties joint status report 30, it is hereby ORDERED that the parties shall file a further joint status report on or before January 31, 2019. Signed by Judge Randolph D. Moss on 12/16/2018. (lcrdm3, )	Dec. 16, 2018	PACER
	Set/Reset Deadlines: Joint Status Report due by 1/31/2019. (kt)	Dec. 17, 2018	PACER
32	Joint STATUS REPORT by PROTECT DEMOCRACY PROJECT, INC.. (Iraola, David) (Entered: 02/15/2019)	Feb. 15, 2019
	MINUTE ORDER: Upon consideration of the parties' joint status report 32 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 15, 2019. Signed by Judge Randolph D. Moss on 2/18/2019. (lcrdm3, ) (Entered: 02/18/2019)	Feb. 18, 2019
33	Status Report	March 15, 2019	PACER
	.Order	March 20, 2019	PACER
	Set/Reset Deadlines: Joint Status Report due by 3/15/2019. (kt) (Entered: 02/19/2019)	Feb. 19, 2019
	Set/Reset Deadlines/Hearings	March 20, 2019	PACER
34	Notice (Other)	April 1, 2019	PACER
35	Continue	April 3, 2019	PACER
	Notice of QC	April 3, 2019	PACER
	Order on Motion to Continue	April 4, 2019	PACER
	Set/Reset Deadlines	April 4, 2019	PACER
36	Status Report	May 6, 2019	PACER
	Set/Reset Deadlines	May 9, 2019	PACER
	.Order	May 9, 2019	PACER
37	Status Report	June 21, 2019	PACER
	.Order	June 23, 2019	PACER
	Set/Reset Deadlines	June 24, 2019	PACER
38	Status Report	July 31, 2019	PACER
	.Order	Aug. 5, 2019	PACER
	Set/Reset Deadlines	Aug. 6, 2019	PACER
39	Status Report	Sept. 6, 2019	PACER
	Set/Reset Deadlines	Sept. 6, 2019	PACER
	.Order	Sept. 6, 2019	PACER
40	Status Report	Nov. 22, 2019	PACER
	~Util - Set/Reset Deadlines	Nov. 25, 2019	PACER
	.Order	Nov. 25, 2019	PACER
41	Status Report	Jan. 6, 2020	PACER
	~Util - Set/Reset Deadlines	Jan. 6, 2020	PACER
	.Order	Jan. 6, 2020	PACER
42	Notice of Substitution of Counsel	Feb. 12, 2020	PACER
43	Status Report	Feb. 29, 2020	PACER
	~Util - Set/Reset Deadlines	March 2, 2020	PACER
	.Order	March 2, 2020	PACER
44	Status Report	April 1, 2020	PACER
	~Util - Set/Reset Deadlines	April 2, 2020	PACER
	.Order	April 2, 2020	PACER
45	Status Report	May 19, 2020	PACER