Case: Leopold v. U.S. Immigration and Customs Enforcement

1:18-cv-02415 | U.S. District Court for the District of Columbia

Filed Date: Oct. 22, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 22, 2018, media site Buzzfeed and one of its reporters brought this lawsuit in the United States District Court for the District of Columbia against the U.S. Department of Homeland Security and several of its components--Immigration & Customs Enforcement, Customs & Border Protection, and U.S. Citizenship & Immigration Services. The case alleged violations of the Freedom of Information Act (FOIA). Specifically, the plaintiffs had filed a FOIA request for unedited video, audio, and pho…

On October 22, 2018, media site Buzzfeed and one of its reporters brought this lawsuit in the United States District Court for the District of Columbia against the U.S. Department of Homeland Security and several of its components--Immigration & Customs Enforcement, Customs & Border Protection, and U.S. Citizenship & Immigration Services. The case alleged violations of the Freedom of Information Act (FOIA). Specifically, the plaintiffs had filed a FOIA request for unedited video, audio, and photographs of migrants and migrant children, and of children being separated from their parents and subsequently held in U.S. detention facilities. According to the complaint, the defendants had failed to provide an adequate response to the request. Represented by private counsel, the plaintiffs requested injunctive relief and attorney fees. The case was assigned to Judge Randolph D. Moss.

This case was interrupted by a 34-day government shutdown. The case was therefore stayed from December 30, 2018 to February 6, 2019, when the shutdown ended.

After the stay was lifted, the parties began submitting a series of joint status reports outlining their ongoing negotiations over the defendants’ search for responsive documents. On June 5, 2020, the parties reported that negotiations had become deadlocked, with the defendants still refusing to hand over the requested child detention records.

In response to the breakdown in negotiations, Judge Moss ordered the parties to submit short notices outlining the bases for any anticipated motions for summary judgement. On June 30, the defendants filed their notice, listing two anticipated arguments: first, that they argued that the plaintiffs’ FOIA request did not “reasonably describe” the records sought in a way that ICE could process without undue burden. Second, the defendants insisted that they had no responsive records depicting “migrant children being separated from their parents,” because ICE did not separate children and parents, but rather held “family units” together in “family residential centers.” A week later, the plaintiffs submitted their own notice. They argued that the defendants’ pre-motion filing ignored months of negotiations and concessions regarding the scope of their FOIA request, and that this request was no longer burdensome or unreasonably described, as they were now seeking only those records that should have been preserved in connection with five other federal lawsuits.

This case is still ongoing as of August 15, 2020. The defendants’ full motion for summary judgment is due on August 28, 2020 and the plaintiff’s response and cross motion is due on October 2, 2020.

Summary Authors

Averyn Lee (3/22/2019)

Cody Wiles (8/15/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/8064268/parties/leopold-v-us-immigration-customs-enforcement/


Judge(s)

Moss, Randolph Daniel (District of Columbia)

Attorneys(s) for Plaintiff

Schafer, Matthew (New York)

Topic, Matthew Vincent (Illinois)

Attorneys(s) for Defendant

Braswell, Marina Utgoff (District of Columbia)

Judge(s)

Moss, Randolph Daniel (District of Columbia)

Attorneys(s) for Plaintiff

Schafer, Matthew (New York)

Topic, Matthew Vincent (Illinois)

Attorneys(s) for Defendant

Braswell, Marina Utgoff (District of Columbia)

Documents in the Clearinghouse

Document

1:18-cv-02415

Docket [PACER]

Dec. 31, 2018

Dec. 31, 2018

Docket
1

1:18-cv-02415

Complaint

Leopold v. U.S. Immigration & Customs

Oct. 22, 2018

Oct. 22, 2018

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8064268/leopold-v-us-immigration-customs-enforcement/

Last updated Aug. 15, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number 0090-5751963) filed by JASON LEOPOLD, BUZZFEED INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet Civil Cover Sheet, # 8 Summons Summons)(Topic, Matthew) (Entered: 10/22/2018)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

7 Civil Cover Sheet Civil Cover Sheet

View on PACER

8 Summons Summons

View on PACER

Oct. 22, 2018

Oct. 22, 2018

RECAP
2

NOTICE of Appearance by Matthew Topic on behalf of BUZZFEED INC., JASON LEOPOLD (Topic, Matthew) (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

PACER

Case Assigned to Judge Randolph D. Moss. (zmd)

Oct. 22, 2018

Oct. 22, 2018

PACER
3

SUMMONS (6) Issued Electronically as to U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent)(zjd) (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

PACER
4

STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 10/24/2018. (lcrdm2, ) (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

PACER
5

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS & BORDER PROTECTION served on 11/7/2018 (Topic, Matthew) (Entered: 11/28/2018)

Nov. 28, 2018

Nov. 28, 2018

PACER
6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CITIZENSHIP & IMMIGRATION SERVICES served on 11/6/2018 (Topic, Matthew) (Entered: 11/28/2018)

Nov. 28, 2018

Nov. 28, 2018

PACER
7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 11/7/2018 (Topic, Matthew) (Entered: 11/28/2018)

Nov. 28, 2018

Nov. 28, 2018

PACER
8

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. IMMIGRATION & CUSTOMS ENFORCEMENT served on 11/19/2018 (Topic, Matthew) (Entered: 11/28/2018)

Nov. 28, 2018

Nov. 28, 2018

PACER
9

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/8/2018. (Topic, Matthew) (Entered: 11/28/2018)

Nov. 28, 2018

Nov. 28, 2018

PACER
10

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/8/2018. Answer due for ALL FEDERAL DEFENDANTS by 12/8/2018. (Topic, Matthew) (Entered: 11/28/2018)

Nov. 28, 2018

Nov. 28, 2018

PACER
11

ANSWER to Complaint by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT.(Braswell, Marina) (Entered: 12/10/2018)

Dec. 10, 2018

Dec. 10, 2018

PACER

MINUTE ORDER: The parties are hereby ORDERED to appear for an Initial Scheduling Conference on January 4, 2019, at 10:15 a.m. in Courtroom 21. It is further ORDERED that the parties shall confer in advance of the Initial Scheduling Conference on (1) whether any records can be released, and (2) the proper next steps in this litigation. Signed by Judge Randolph D. Moss on 12/11/2018. (lcrdm2, )

Dec. 11, 2018

Dec. 11, 2018

PACER

Set/Reset Hearings: Initial Scheduling Conference set for 1/4/2019, at 10:15 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) Modified on 12/17/2018 to correct date (year)(kt).

Dec. 12, 2018

Dec. 12, 2018

PACER
12

NOTICE of Appearance by Marina Utgoff Braswell on behalf of U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Braswell, Marina) (Entered: 12/26/2018)

Dec. 26, 2018

Dec. 26, 2018

PACER
13

Unopposed MOTION to Continue the January 4, 2019, Scheduling Conference by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Braswell, Marina). (Entered: 12/28/2018)

Dec. 28, 2018

Dec. 28, 2018

PACER

MINUTE ORDER: Upon consideration of Defendants' motion to continue the January 4, 2019 Initial Status Conference and to stay the case, Dkt. 13, it is hereby ORDERED that the motion is GRANTED. The January 4, 2019 ISC is hereby VACATED and this case shall be stayed until further order of the Court. It is further ORDERED that the parties shall meet and confer and submit a proposed date for an initial status conference as soon as Congress appropriates funding for the Department of Justice to resume work. Signed by Judge Randolph D. Moss on 12/30/2018. (lcrdm2, )

Dec. 30, 2018

Dec. 30, 2018

PACER

Case STAYED. (kt)

Dec. 31, 2018

Dec. 31, 2018

PACER
14

Joint STATUS REPORT by BUZZFEED INC., JASON LEOPOLD. (Topic, Matthew) (Entered: 02/06/2019)

Feb. 6, 2019

Feb. 6, 2019

PACER

MINUTE ORDER: Given that funding has been restored for the Department of Justice, it is hereby ORDERED that the stay in this case is lifted. It is further ORDERED that the parties shall appear for an Initial Scheduling Conference on March 6, 2019 at 10:30 a.m. in Courtroom 21. It is further ORDERED that the parties shall confer in advance of the Initial Scheduling Conference on (1) whether any records can be released, and (2) the proper next steps in this litigation. Signed by Judge Randolph D. Moss on 2/6/2019. (lcrdm2, )

Feb. 6, 2019

Feb. 6, 2019

PACER

~Util - Set/Reset Deadlines

March 6, 2019

March 6, 2019

PACER

Scheduling Conference

March 6, 2019

March 6, 2019

PACER

Minute Entry for proceedings held before Judge Randolph D. Moss: Initial Scheduling Conference held on 3/6/2019. Oral motion by Defendant to file an Amended Answer; GRANTED, for the reasons stated on the record. Joint Status Report due by 5/1/2019. (Court Reporter: Jeff Hook.) (kt)

March 6, 2019

March 6, 2019

PACER
15

Amended ANSWER to Complaint by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT.(Braswell, Marina) (Entered: 03/20/2019)

March 20, 2019

March 20, 2019

PACER
16

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BUZZFEED INC., JASON LEOPOLD (Topic, Matthew) (Entered: 03/25/2019)

March 25, 2019

March 25, 2019

PACER
17

Joint STATUS REPORT by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Braswell, Marina) (Entered: 05/01/2019)

May 1, 2019

May 1, 2019

PACER

.Order

May 2, 2019

May 2, 2019

PACER

MINUTE ORDER: In light of the parties' joint status report, Dkt. 17, it is hereby ORDERED that Defendants shall provide the Plaintiff with declarations explaining any searches performed seeking responsive records on or before June 14, 2019, and it is further ORDERED that the parties shall file a further joint status report on or before June 28, 2019. Signed by Judge Randolph D. Moss on 5/2/2019. (lcrdm2, )

May 2, 2019

May 2, 2019

PACER

Set/Reset Deadlines

May 3, 2019

May 3, 2019

PACER

Set/Reset Deadlines: Defendants shall provide the Plaintiff with declarations explaining any searches performed seeking responsive records on or before 6/14/2019; Joint Status Report due by 6/28/2019. (kt)

May 3, 2019

May 3, 2019

PACER
18

Joint STATUS REPORT by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Braswell, Marina) (Entered: 06/28/2019)

June 28, 2019

June 28, 2019

PACER

.Order

July 1, 2019

July 1, 2019

PACER

MINUTE ORDER: In light of the parties' joint status report, Dkt. 18, it is hereby ORDERED that the parties shall submit a further joint status report on or before July 26, 2019, updating the Court on the status of this case and proposing a schedule for further proceedings, if any. Signed by Judge Randolph D. Moss on 7/1/2019. (lcrdm2, )

July 1, 2019

July 1, 2019

PACER

Set/Reset Deadlines

July 2, 2019

July 2, 2019

PACER

Set/Reset Deadlines: Joint Status Report due by 7/26/2019. (kt)

July 2, 2019

July 2, 2019

PACER
19

Joint STATUS REPORT by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Braswell, Marina) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

PACER

.Order

Aug. 5, 2019

Aug. 5, 2019

PACER

MINUTE ORDER: In light of the parties' joint status report 19, it is hereby ORDERED that the parties shall file a further joint status report on or before September 12, 2019. Signed by Judge Randolph D. Moss on 08/05/2019. (lcrdm2, )

Aug. 5, 2019

Aug. 5, 2019

PACER

Set/Reset Deadlines

Aug. 6, 2019

Aug. 6, 2019

PACER

Set/Reset Deadlines: Joint Status Report due by 9/12/2019. (kt)

Aug. 6, 2019

Aug. 6, 2019

PACER
20

NOTICE of Appearance by Merrick Jason Wayne on behalf of BUZZFEED INC., JASON LEOPOLD (Wayne, Merrick) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

PACER
21

Joint STATUS REPORT by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Braswell, Marina) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER

Set/Reset Deadlines

Sept. 13, 2019

Sept. 13, 2019

PACER

.Order

Sept. 13, 2019

Sept. 13, 2019

PACER

MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 21, it is hereby ORDERED that the parties shall file a further joint status report on or before October 30, 2019. Signed by Judge Randolph D. Moss on 09/13/2019. (lcrdm2, )

Sept. 13, 2019

Sept. 13, 2019

PACER

Set/Reset Deadlines: Joint Status Report due by 10/30/2019. (kt)

Sept. 13, 2019

Sept. 13, 2019

PACER
22

Unopposed MOTION for Extension of Time to File Joint Status Report by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Braswell, Marina) (Entered: 10/30/2019)

Oct. 30, 2019

Oct. 30, 2019

PACER

Set/Reset Deadlines

Nov. 4, 2019

Nov. 4, 2019

PACER

Order on Motion for Extension of Time to File

Nov. 4, 2019

Nov. 4, 2019

PACER

MINUTE ORDER: Upon consideration of the Defendant's unopposed motion for extension of time, Dkt. 22, it is hereby ORDERED that the motion is GRANTED. The parties' joint status report currently due on or before October 30, 2019, shall now be due on or before November 15, 2019. Signed by Judge Randolph D. Moss on 11/4/2019. (lcrdm2, )

Nov. 4, 2019

Nov. 4, 2019

PACER
23

Joint STATUS REPORT by BUZZFEED INC., JASON LEOPOLD. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 11/15/2019)

Nov. 15, 2019

Nov. 15, 2019

PACER

~Util - Set/Reset Hearings

Nov. 19, 2019

Nov. 19, 2019

PACER

.Order

Nov. 19, 2019

Nov. 19, 2019

PACER

MINUTE ORDER: In light of the parties' joint status report, Dkt. 23, the parties are hereby ORDERED to appear for a status conference on November 21, 2019, at 12:00p.m. in Courtroom 21. The parties should be prepared to discuss the anticipated scope of the parties' proposed briefing, including the nature of the disputes on which the parties have not been able to reach an agreement. Signed by Judge Randolph D. Moss on 11/19/2019. (lcrdm2, )

Nov. 19, 2019

Nov. 19, 2019

PACER
24

Unopposed MOTION to Continue Status Conference, Unopposed MOTION for Leave to Appear by Telephone by BUZZFEED INC., JASON LEOPOLD (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 11/19/2019)

Nov. 19, 2019

Nov. 19, 2019

PACER

Order on Motion for Leave to Appear by Telephone

Nov. 20, 2019

Nov. 20, 2019

PACER

Set/Reset Deadlines

Nov. 20, 2019

Nov. 20, 2019

PACER

Order on Motion to Continue

Nov. 20, 2019

Nov. 20, 2019

PACER

Set/Reset Hearings

Nov. 20, 2019

Nov. 20, 2019

PACER

MINUTE ORDER: Upon consideration of Unopposed Motion to Continue Status Conference and for Counsel for Plaintiffs to Appear Telephonically, Dkt. 24, it is hereby ORDERED that the motion is GRANTED in part and DENIED in part. The Status Conference set for November 21, 2019 is hereby VACATED and RESCHEDULED for December 2, 2019, at 3:00p.m, in Courtroom 21. Counsel may elect to appear telephonically. Any counsel who elects to do so shall contact the deputy clerk for instructions. Signed by Judge Randolph D. Moss on 11/20/2019. (lcrdm2, )

Nov. 20, 2019

Nov. 20, 2019

PACER

Set/Reset Hearings: The Status Conference set for 11/21/2019 is VACATED and RESCHEDULED for 12/2/2019, at 3:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt)

Nov. 20, 2019

Nov. 20, 2019

PACER

~Util - Set/Reset Deadlines

Dec. 2, 2019

Dec. 2, 2019

PACER

Status Conference

Dec. 2, 2019

Dec. 2, 2019

PACER

Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 12/2/2019. The parties shall sufficiently engage in the exchange of information and file a Joint Status Report by 1/17/2020. Defendants shall provide any further information to Plaintiffs by by 1/31/2020. (Court Reporter: Nancy Meyer.) (kt)

Dec. 2, 2019

Dec. 2, 2019

PACER
25

Joint STATUS REPORT by BUZZFEED INC., JASON LEOPOLD. (Topic, Matthew) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER

~Util - Set/Reset Deadlines

Jan. 22, 2020

Jan. 22, 2020

PACER

.Order

Jan. 22, 2020

Jan. 22, 2020

PACER

MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 25, it is hereby ORDERED that the parties shall file a further joint status report on or before February 21, 2020, apprising the Court whether the sole remaining issue has been resolved and identifying the proper next steps in this litigation. Signed by Judge Randolph D. Moss on 01/22/2020. (lcrdm2, )

Jan. 22, 2020

Jan. 22, 2020

PACER

.Order

Jan. 23, 2020

Jan. 23, 2020

PACER

MINUTE ORDER: The parties are hereby ORDERED to comply with the terms of the Court's revised standing order, which is available on the Court's website. Click for details. Signed by Judge Randolph D. Moss on 01/23/2020. (lcrdm2, )

Jan. 23, 2020

Jan. 23, 2020

PACER
26

Joint STATUS REPORT by BUZZFEED INC., JASON LEOPOLD. (Topic, Matthew) (Entered: 02/21/2020)

Feb. 21, 2020

Feb. 21, 2020

PACER

~Util - Set/Reset Deadlines

Feb. 25, 2020

Feb. 25, 2020

PACER

.Order

Feb. 25, 2020

Feb. 25, 2020

PACER

MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 26, it is hereby ORDERED that the parties shall file a further joint status report on or before April 6, 2020, which shall update the Court regarding the status of the processing of Plaintiff's FOIA request, any agreements or issues between the parties and a recommendation for further proceedings. Signed by Judge Randolph D. Moss on 02/25/2020. (lcrdm2, ) Modified on 3/6/2020 to edit typo (kt).

Feb. 25, 2020

Feb. 25, 2020

PACER
27

NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez on behalf of U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT Substituting for attorney Marina Utgoff Braswell (Gonzalez, Brenda) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER

~Util - Set/Reset Deadlines

April 6, 2020

April 6, 2020

PACER

.Order

April 6, 2020

April 6, 2020

PACER
28

Joint STATUS REPORT by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Gonzalez, Brenda) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER

MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 28, it is hereby ORDERED that the parties shall file a further joint status report on or before June 5, 2020, which shall update the Court regarding the status of Plaintiff's FOIA request, and shall propose a recommendation for further proceedings. The parties are further DIRECTED to review the Court's updated Standing Order, see Minute Order (Jan. 23, 2020), including the instructions parties are to follow when briefing motions for summary judgment. Signed by Judge Randolph D. Moss on 04/06/2020. (lcrdm2, )

April 6, 2020

April 6, 2020

PACER
29

Joint STATUS REPORT by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Gonzalez, Brenda) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
30

NOTICE of Appearance by Michael A. Tilghman on behalf of U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Tilghman, Michael) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER

MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 29, it is hereby ORDERED that Defendant shall file a short notice setting forth the basis for its anticipated motion for summary judgment on or before June 30, 2020, and Plaintiff shall submit a short notice setting forth its intended response and anticipated cross motion on or before July 7, 2020. It is further ORDERED that the parties shall appear for a telephonic pre-motions conference on July 15, 2020, at 10:00 a.m. Signed by Judge Randolph D. Moss on 06/09/2020. (lcrdm2, ) Modified on 6/10/2020 to add "telephonic" hearing(kt).

June 9, 2020

June 9, 2020

PACER

ENTERED IN ERROR.....Set/Reset Hearings: Pre-motion Conference set for 7/15/2020 at 10:00 AM in Courtroom 21 before Judge Randolph D. Moss. (zcal) Modified on 6/10/2020 hearing to be held telephonically (kt).

June 9, 2020

June 9, 2020

PACER
31

MOTION for Leave to Appear by Telephone by BUZZFEED, INC., JASON LEOPOLD (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER

~Util - Set/Reset Deadlines AND .Order

June 9, 2020

June 9, 2020

PACER

Set/Reset Hearings

June 9, 2020

June 9, 2020

PACER
32

NOTICE of Defendant's Basis for its Anticipated Motion for Summary Judgment by U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Tilghman, Michael) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
33

RESPONSE re 32 Notice (Other) Plaintiff's Response to Defendant's Pre-Motion Filing filed by BUZZFEED, INC., JASON LEOPOLD. (Topic, Matthew) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER

MINUTE ORDER: It is hereby ORDERED that the pre-motion conference currently scheduled for July 15, 2020, is VACATED and RESCHEDULED to July 17, 2020, at 11:00 a.m. The parties shall utilize the same teleconference number and access code that was previously circulated to them by the Deputy Clerk. Signed by Judge Randolph D. Moss on 07/09/2020. (lcrdm2, )

July 9, 2020

July 9, 2020

PACER

~Util - Set/Reset Deadlines/Hearings AND .Order

July 9, 2020

July 9, 2020

PACER

Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Pre-motion Conference held on 7/17/2020. Defendants' Summary Judgment Motion due by 8/28/2020; Plaintiff's Response to Motion for Summary Judgment and Cross Motion due by 10/2/2020; Defendants' Reply to Motion for Summary Judgment And Response to Cross Motion due by 11/6/2020; Plaintiff's Reply to Cross Motion due by 11/20/2020. (Court Reporter: Jeff Hook.) (kt)

July 17, 2020

July 17, 2020

PACER

~Util - Set/Reset Deadlines AND Pre-motion Conference

July 17, 2020

July 17, 2020

PACER
34

TRANSCRIPT OF TELEPHONIC PRE-MOTION CONFERENCE before Judge Randolph D. Moss held on July 17, 2020. Page Numbers: 1 - 29. Date of Issuance: August 17, 2020. Court Reporter: Jeff Hook/ Telephone number: 202-354-3373. 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 9/7/2020. Redacted Transcript Deadline set for 9/17/2020. Release of Transcript Restriction set for 11/15/2020.(Hook, Jeff) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
35

Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER

MINUTE ORDER: Upon consideration of the Defendants' consent motion for extension of time, Dkt. 35, it is hereby ORDERED that the motion is GRANTED. Defendants' summary judgment motion currently due on or before August 28, 2020, shall now be due on or before September 11, 2020. Plaintiffs' response and cross motion, currently due on or before October 2, 2020, shall now be due on or before October 16, 2020. Defendants' reply to Plaintiffs' response and response to Plaintiffs' cross motion, currently due on or before November 6, 2020, shall now be due on or before November 20, 2020. And Plaintiffs' reply to Defendants' response to Plaintiffs' cross motion, currently due on or before November 20, 2020, shall now be due on or before December 4, 2020. Signed by Judge Randolph D. Moss on 08/27/2020. (lcrdm1)

Aug. 27, 2020

Aug. 27, 2020

PACER

Set/Reset Deadlines AND Order on Motion for Extension of Time to

Aug. 27, 2020

Aug. 27, 2020

PACER
36

MOTION to Dismiss for Lack of Jurisdiction, MOTION for Summary Judgment by U.S. CITIZENSHIP & IMMIGRATION SERVICES, U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Attachments: # 1 Statement of Undisputed Material Facts, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Text of Proposed Order)(Tilghman, Michael) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
37

Unopposed MOTION for Extension of Time to Briefing Schedule by BUZZFEED, INC., JASON LEOPOLD (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

PACER

MINUTE ORDER: Upon consideration of Plaintiffs' unopposed motion for an extension of time, Dkt. 37, it is hereby ORDERED that the motion is GRANTED. Plaintiffs' opposition/cross-motion, previously due on or before October 16, 2020, is now due on or before October 30, 2020. Defendants' opposition and reply, previously due on or before November 20, 2020, is now due on or before December 4, 2020. Plaintiffs' reply, previously due on or before December 4, 2020, is now due on or before December 18, 2020. Signed by Judge Randolph D. Moss on 10/23/2020. (lcrdm1)

Oct. 23, 2020

Oct. 23, 2020

PACER

Set/Reset Deadlines AND Order on Motion for Extension of Time to

Oct. 23, 2020

Oct. 23, 2020

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 22, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A Buzzfeed reporter and Buzzfeed seeking video, audio, and photographs of migrants and migrant children pursuant to FOIA

Plaintiff Type(s):

Private Plaintiff

Public (for-profit) corporation

Attorney Organizations:

Loevy & Loevy

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Immigration & Customs Enforcement, Federal

U.S. Department of Homeland Security, Federal

U.S. Customs & Border Protection, Federal

U.S. Citizenship & Immigration Services, Federal

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

Freedom of Information Act (FOIA), 5 U.S.C. § 552

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Records Disclosure

Youth / Adult separation

Immigration/Border:

Detention - procedures