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

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

Filed Date: Oct. 22, 2018

Case Ongoing

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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 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 attorneys, see: https://www.courtlistener.com/docket/8064268/parties/leopold-v-us-immigration-customs-enforcement/

Judge(s)

Moss, Randolph Daniel (District of Columbia)

Attorney for Plaintiff

Schafer, Matthew (New York)

Attorney for Defendant

Braswell, Marina Utgoff (District of Columbia)

Horowitz, Brenda A. (District of Columbia)

Tilghman, Michael A. (District of Columbia)

Judge(s)

Moss, Randolph Daniel (District of Columbia)

Attorney for Plaintiff

Schafer, Matthew (New York)

Topic, Matthew Vincent (Illinois)

Wayne, Merrick Jason (District of Columbia)

Attorney for Defendant

Braswell, Marina Utgoff (District of Columbia)

Horowitz, Brenda A. (District of Columbia)

Tilghman, Michael A. (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Case Title LEOPOLD et al v. U.S. IMMIGRATION & CUSTOMS ENFORCEMENT et al The FOIA Project	BuzzFeed reporter Jason Leopold submitted FOIA requests to the Department of Homeland Security for records containing video, audio, or photographs related to migrants and migrant children, and others…	Oct. 22, 2018	Oct. 22, 2018

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Docket

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

Last updated June 2, 2026, 1:30 a.m.

Docket for: LEOPOLD v. U.S. IMMIGRATION & CUSTOMS ENFORCEMENT

ECF Number	Date	Description	Link
	Oct. 22, 2018	Case Assigned to Judge Randolph D. Moss. (zmd) (Entered: 10/24/2018)	PACER
1	Oct. 22, 2018	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	RECAP
2	Oct. 22, 2018	NOTICE of Appearance by Matthew Topic on behalf of BUZZFEED INC., JASON LEOPOLD (Topic, Matthew) (Entered: 10/22/2018)	RECAP
	Oct. 22, 2018	Case Assigned to Judge Randolph D. Moss. (zmd)
3	Oct. 24, 2018	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)	RECAP
4	Oct. 24, 2018	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)	RECAP
5	Nov. 28, 2018	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)	RECAP
6	Nov. 28, 2018	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)	RECAP
7	Nov. 28, 2018	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)	RECAP
8	Nov. 28, 2018	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)	RECAP
9	Nov. 28, 2018	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)	RECAP
10	Nov. 28, 2018	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)	RECAP
11	Dec. 10, 2018	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)	RECAP
	Dec. 11, 2018	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, ) (Entered: 12/11/2018)	PACER
	Dec. 11, 2018	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. 12, 2018	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). (Entered: 12/12/2018)	PACER
	Dec. 12, 2018	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).
12	Dec. 26, 2018	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)	RECAP
13	Dec. 28, 2018	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)	RECAP
	Dec. 30, 2018	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, ) (Entered: 12/30/2018)	PACER
	Dec. 30, 2018	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. 31, 2018	Case STAYED. (kt) (Entered: 12/31/2018)	PACER
	Dec. 31, 2018	Case STAYED. (kt)
14	Feb. 6, 2019	Joint STATUS REPORT by BUZZFEED INC., JASON LEOPOLD. (Topic, Matthew) (Entered: 02/06/2019)	RECAP
	Feb. 6, 2019	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, )
	March 6, 2019	~Util - Set/Reset Deadlines
	March 6, 2019	Scheduling Conference
	March 6, 2019	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)
15	March 20, 2019	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)	RECAP
16	March 25, 2019	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BUZZFEED INC., JASON LEOPOLD (Topic, Matthew) (Entered: 03/25/2019)	RECAP
17	May 1, 2019	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)	RECAP
	May 2, 2019	.Order
	May 2, 2019	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 3, 2019	Set/Reset Deadlines
	May 3, 2019	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)
18	June 28, 2019	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)	RECAP
	July 1, 2019	.Order
	July 1, 2019	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 2, 2019	Set/Reset Deadlines
	July 2, 2019	Set/Reset Deadlines: Joint Status Report due by 7/26/2019. (kt)
19	July 26, 2019	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)	RECAP
	Aug. 5, 2019	.Order
	Aug. 5, 2019	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, )
20	Aug. 6, 2019	NOTICE of Appearance by Merrick Jason Wayne on behalf of BUZZFEED INC., JASON LEOPOLD (Wayne, Merrick) (Entered: 08/06/2019)	RECAP
	Aug. 6, 2019	Set/Reset Deadlines
	Aug. 6, 2019	Set/Reset Deadlines: Joint Status Report due by 9/12/2019. (kt)
21	Sept. 12, 2019	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)	RECAP
	Sept. 13, 2019	Set/Reset Deadlines
	Sept. 13, 2019	.Order
	Sept. 13, 2019	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	Set/Reset Deadlines: Joint Status Report due by 10/30/2019. (kt)
22	Oct. 30, 2019	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)	RECAP
	Nov. 4, 2019	Set/Reset Deadlines
	Nov. 4, 2019	Order on Motion for Extension of Time to File
	Nov. 4, 2019	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, )
23	Nov. 15, 2019	Joint STATUS REPORT by BUZZFEED INC., JASON LEOPOLD. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 11/15/2019)	RECAP
24	Nov. 19, 2019	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)	RECAP
	Nov. 19, 2019	~Util - Set/Reset Hearings
	Nov. 19, 2019	.Order
	Nov. 19, 2019	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. 20, 2019	Order on Motion for Leave to Appear by Telephone
	Nov. 20, 2019	Set/Reset Deadlines
	Nov. 20, 2019	Order on Motion to Continue
	Nov. 20, 2019	Set/Reset Hearings
	Nov. 20, 2019	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	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)
	Dec. 2, 2019	~Util - Set/Reset Deadlines
	Dec. 2, 2019	Status Conference
	Dec. 2, 2019	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)
25	Jan. 17, 2020	Joint STATUS REPORT by BUZZFEED INC., JASON LEOPOLD. (Topic, Matthew) (Entered: 01/17/2020)	RECAP
	Jan. 22, 2020	~Util - Set/Reset Deadlines
	Jan. 22, 2020	.Order
	Jan. 22, 2020	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. 23, 2020	.Order
	Jan. 23, 2020	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, )
26	Feb. 21, 2020	Joint STATUS REPORT by BUZZFEED INC., JASON LEOPOLD. (Topic, Matthew) (Entered: 02/21/2020)	RECAP
	Feb. 25, 2020	~Util - Set/Reset Deadlines
	Feb. 25, 2020	.Order
	Feb. 25, 2020	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).
27	April 6, 2020	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)	RECAP
28	April 6, 2020	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)	RECAP
	April 6, 2020	~Util - Set/Reset Deadlines
	April 6, 2020	.Order
	April 6, 2020	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, )
29	June 5, 2020	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)	RECAP
30	June 5, 2020	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)	RECAP
31	June 9, 2020	MOTION for Leave to Appear by Telephone by BUZZFEED, INC., JASON LEOPOLD (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 06/09/2020)	RECAP
	June 9, 2020	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	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	~Util - Set/Reset Deadlines AND .Order
	June 9, 2020	Set/Reset Hearings
32	June 30, 2020	NOTICE of Defendant's Basis for its Anticipated Motion for Summary Judgment by U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Tilghman, Michael) (Entered: 06/30/2020)	RECAP
33	July 7, 2020	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)	RECAP
	July 9, 2020	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	~Util - Set/Reset Deadlines/Hearings AND .Order
	July 17, 2020	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	~Util - Set/Reset Deadlines AND Pre-motion Conference
34	Aug. 17, 2020	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)	RECAP
35	Aug. 26, 2020	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)	RECAP
	Aug. 27, 2020	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)

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Trump Administration 1.0: Challenges to the Government

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

Federal

U.S. Citizenship & Immigration Services

U.S. Customs & Border Protection

U.S. Department of Homeland Security

U.S. Immigration & Customs Enforcement

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

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

Other Dockets:

District of District of Columbia 1:18-cv-02415

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Records Disclosure

Immigration/Border:

Detention - procedures

Jails, Prisons, Detention Centers, and Other Institutions:

Youth / Adult separation

Recommended Citation

Case Summary of Leopold v. U.S. Immigration and Customs Enforcement, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/16849/ (last updated 8/15/2020).