Case: Citizens for Responsibility and Ethics in Washington v. National Archives and Records Administration

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ADCDC-6922191) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Summons Attorney General, # 9 Summons USAO, # 10 Summons NARA, # 11 Summons Ferriero, # 12 Summons ICE, # 13 Summons Albence)(Sus, Nikhel) (Entered: 03/16/2020)

1 Civil Cover Sheet

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Summons Attorney General

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9 Summons USAO

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10 Summons NARA

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11 Summons Ferriero

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12 Summons ICE

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13 Summons Albence

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LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Sus, Nikhel) (Entered: 03/16/2020)

Case Assigned/Reassigned

Case assigned to Judge Amit P. Mehta. (zmc)

SUMMONS (6) Issued Electronically as to MATTHEW T. ALBENCE, DAVID S. FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 03/18/2020)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MATTHEW T. ALBENCE served on 3/23/2020; DAVID S. FERRIERO served on 3/23/2020; NATIONAL ARCHIVES AND RECORDS ADMINISTRATION served on 3/23/2020; U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT served on 3/23/2020, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/23/20., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/23/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 5/22/2020.) (Sus, Nikhel) (Entered: 03/24/2020)

STIPULATION by MATTHEW T. ALBENCE, DAVID S. FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (DeMott, Joseph) (Entered: 03/25/2020)

Joint MOTION for Scheduling Order by MATTHEW T. ALBENCE, DAVID S. FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Proposed Order)(DeMott, Joseph) (Entered: 05/15/2020)

ORDER granting 6 Motion for Scheduling Order and setting the following schedule for further proceedings in this matter: (1) Defendants shall produce the administrative record and file a certified list of its contents on or before June 26, 2020. (2) Plaintiffs shall file a motion for summary judgment on or before July 24, 2020. (3) Defendants shall file a motion for summary judgment, together with a combined brief in support of their motion and in opposition to Plaintiffs' motion, on or before August 21, 2020. (4) Plaintiffs shall file a combined opposition and reply brief on or before September 11, 2020. (5) Defendants shall file a reply brief on or before October 2, 2020. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 5/15/2020. (lcapm1) (Entered: 05/15/2020)

Set/Reset Deadlines: Administrative Record and Certified List of Contents due by 6/26/2020. Plaintiffs' Motion for Summary Judgment due by 7/24/2020. Cross Motion and Opposition due by 8/21/2020. Opposition and Reply due by 9/11/2020. Reply due by 10/2/2020. (zjd)

Set/Reset Deadlines

NOTICE OF FILING OF CERTIFIED INDEX TO ADMINISTRATIVE RECORD by MATTHEW T. ALBENCE, DAVID S. FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Certification of Administrative Record, # 2 Index to Administrative Record)(DeMott, Joseph) (Entered: 06/26/2020)

MOTION for Summary Judgment by AMERICAN HISTORICAL ASSOCIATION, CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, SOCIETY FOR HISTORIANS OF AMERICAN FOREIGN RELATIONS (Attachments: # 1 Memorandum in Support, # 2 Declaration Grossman, # 3 Declaration Hoganson, # 4 Declaration Nofil, # 5 Declaration Shull, # 6 Declaration Rappaport, # 7 Text of Proposed Order)(Sus, Nikhel) (Entered: 07/24/2020)

MOTION for Leave to File Amicus Curiae Brief by AMERICAN IMMIGRATION COUNCIL, NATIONAL IMMIGRANT JUSTICE CENTER (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Creighton, Emily) Modified to add filer on 8/11/2020 (znmw). (Entered: 08/07/2020)

MINUTE ORDER granting the American Immigration Council's and the National Immigrant Justice Center's 10 Motion for Leave to File Amicus Brief. Signed by Judge Amit P. Mehta on 8/10/2020. (lcapm1)

AMICUS BRIEF by AMERICAN IMMIGRATION COUNCIL, NATIONAL IMMIGRANT JUSTICE CENTER. (eg) (Entered: 08/13/2020)

Order on Motion for Leave to File

Consent MOTION for Briefing Schedule Amendment by MATTHEW T. ALBENCE, DAVID S. FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(DeMott, Joseph) (Entered: 08/17/2020)

ORDER granting Defendants' 12 Consent Motion to Amend Briefing Schedule. Defendants shall file a motion for summary judgment, together with a combined brief in support of their motion and in opposition to Plaintiffs' motion, on or before August 28, 2020; Plaintiffs shall file a combined opposition and reply brief on or before September 18, 2020; and Defendants shall file a reply brief on or before October 9, 2020. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 8/17/2020. (lcapm1) (Entered: 08/17/2020)

Set/Reset Deadlines: Defendants' Combined Motion for Summary Judgment and Opposition due by 8/28/2020. Plaintiffs' Opposition and Reply due by 9/18/2020. Defendants' Reply due by 10/9/2020. (zjd)

Set/Reset Deadlines

Cross MOTION for Summary Judgment by MATTHEW T. ALBENCE, DAVID S. FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(DeMott, Joseph) (Entered: 08/28/2020)

Memorandum in opposition to re 9 MOTION for Summary Judgment filed by MATTHEW T. ALBENCE, DAVID S. FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (See Docket Entry 14 to view document). (znmw) (Entered: 09/01/2020)

Memorandum in opposition to motion

REPLY to opposition to motion re 14 Cross MOTION for Summary Judgment, 9 MOTION for Summary Judgment filed by AMERICAN HISTORICAL ASSOCIATION, CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, SOCIETY FOR HISTORIANS OF AMERICAN FOREIGN RELATIONS. (Sus, Nikhel) (Entered: 09/18/2020)

Memorandum in opposition to re 14 Cross MOTION for Summary Judgment, 9 MOTION for Summary Judgment (duplicate of Dkt. No. 16 ) filed by AMERICAN HISTORICAL ASSOCIATION, CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, SOCIETY FOR HISTORIANS OF AMERICAN FOREIGN RELATIONS. (Sus, Nikhel) (Entered: 09/18/2020)

REPLY to opposition to motion re 14 Cross MOTION for Summary Judgment filed by MATTHEW T. ALBENCE, DAVID S. FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (DeMott, Joseph) (Entered: 10/09/2020)

JOINT APPENDIX (Volume I-V) by AMERICAN HISTORICAL ASSOCIATION, CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, SOCIETY FOR HISTORIANS OF AMERICAN FOREIGN RELATIONS. (Attachments: # 1 Volume II, # 2 Volume III, # 3 Volume IV, # 4 Volume V)(Sus, Nikhel) (Entered: 10/21/2020)

MINUTE ORDER. The parties shall appear via videoconference for a hearing on the parties' cross-motions for summary judgment on February 10, 2021, at 2 p.m. Judge Mehta's courtroom deputy will coordinate videoconferencing access for the parties. Members of the public may access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. The public access line will be muted. Signed by Judge Amit P. Mehta on 1/22/2021. (lcapm1)

.Order

Minute Entry for proceedings held before Judge Amit P. Mehta: Oral Argument held on 2/10/2021 via video conference re 9 and 14 Cross Motions for Summary Judgment. Arguments heard and taken under advisement. (Court Reporter: William Zaremba) (zjd)

Motion Hearing

TRANSCRIPT OF ORAL ARGUMENT VIA ZOOM PROCEEDINGS before Judge Amit P. Mehta held on February 10, 2021; Page Numbers: 1-74. Date of Issuance: February 12, 2021. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. 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, PDF 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 3/5/2021. Redacted Transcript Deadline set for 3/15/2021. Release of Transcript Restriction set for 5/13/2021.(wz) (Entered: 02/12/2021)

MEMORANDUM OPINION re: 9 Plaintiffs' Motion for Summary Judgment and 14 Defendants' Motion for Summary Judgment. Please see the attached Memorandum Opinion for additional details. Signed by Judge Amit P. Mehta on 3/12/2021. (lcapm1)

ORDER: For the reasons stated in the 21 Memorandum Opinion, the court grants in part and denies in part 9 Plaintiffs' Motion for Summary Judgment and grants in part and denies in part 14 Defendants' Motion for Summary Judgment. Please see the attached Order for further details. Signed by Judge Amit P. Mehta on 3/12/2021. (lcapm1) (Entered: 03/12/2021)

MOTION for Attorney Fees by AMERICAN HISTORICAL ASSOCIATION, CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, SOCIETY FOR HISTORIANS OF AMERICAN FOREIGN RELATIONS. (Attachments: # 1 Memorandum in Support, # 2 Declaration Sus, # 3 Exhibit Exhibit 1 to Sus Decl., # 4 Exhibit Exhibit 2 to Sus Decl., # 5 Exhibit Exhibit 3 to Sus Decl., # 6 Declaration Rappaport, # 7 Declaration Grossman, # 8 Declaration Preston, # 9 Text of Proposed Order)(Sus, Nikhel) (Entered: 06/08/2021)

Joint MOTION to Stay Briefing on Plaintiffs' Motion for Attorney Fees, Joint MOTION for Scheduling Order by MATTHEW T. ALBENCE, DAVID S. FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(DeMott, Joseph) (Entered: 06/15/2021)

ORDER granting Defendants' 24 Joint Motion to Stay Briefing on Plaintiffs' Motion for Attorney Fees. The parties shall notify the court on or before July 15, 2021, if a settlement with respect to attorneys' fees has been reached. If a settlement is not reached, Defendants shall file their opposition to Plaintiffs' motion for attorneys' fees on or before August 4, 2021. Plaintiffs shall file their reply on or before August 18, 2021. See the attached Order for further details. Signed by Judge Amit P. Mehta on 6/16/2021. (lcapm1) (Entered: 06/17/2021)

MINUTE ORDER. The parties were to have filed a Joint Status Report advising whether any dispute remains concerning attorneys' fees by July 15, 2021, but failed to do so. The parties shall file such Joint Status Report by July 23, 2021. Signed by Judge Amit P. Mehta on 7/20/2021. (lcapm1)

Joint STATUS REPORT by AMERICAN HISTORICAL ASSOCIATION, CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, SOCIETY FOR HISTORIANS OF AMERICAN FOREIGN RELATIONS. (Sus, Nikhel) (Entered: 07/20/2021)

.Order

MINUTE ORDER. The parties shall brief their attorneys' fees dispute consistent with the schedule set forth in the court's Order of June 17, 2021. Signed by Judge Amit P. Mehta on 7/22/2021. (lcapm1)

Memorandum in opposition to re 23 MOTION for Attorney Fees filed by MATTHEW T. ALBENCE, DAVID S. FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (DeMott, Joseph) (Entered: 08/04/2021)

Consent MOTION for Extension of Time to File Response/Reply by AMERICAN HISTORICAL ASSOCIATION, CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, SOCIETY FOR HISTORIANS OF AMERICAN FOREIGN RELATIONS. (Attachments: # 1 Text of Proposed Order)(Sus, Nikhel) (Entered: 08/09/2021)

MINUTE ORDER granting Plaintiffs' 28 Consent Motion for Extension of Time to File Plaintiffs' Reply in Support of Motion for Attorney's Fees. Plaintiffs shall file their reply brief on or before August 25, 2021. Signed by Judge Amit P. Mehta on 8/9/2021. (lcapm1)

Order on Motion for Extension of Time to File Response/Reply

REPLY to opposition to motion re 23 MOTION for Attorney Fees filed by AMERICAN HISTORICAL ASSOCIATION, CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, SOCIETY FOR HISTORIANS OF AMERICAN FOREIGN RELATIONS. (Attachments: # 1 Declaration Second Sus Declaration, # 2 Exhibit 1)(Sus, Nikhel) (Entered: 08/20/2021)

MEMORANDUM OPINION AND ORDER granting Plaintiffs' 23 Motion for Attorney's Fees. See the attached MEMORANDUM OPINION AND ORDER for additional information. Signed by Judge Amit P. Mehta on 6/8/2022. (lcapm1)