Case: Committee on Oversight and Reform v. Barr

1:19-cv-03557 | U.S. District Court for the District of Columbia

Filed Date: Nov. 26, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the Trump Administration’s refusal to comply with the House Oversight and Reform Committee’s subpoenas for documents related to its investigation into the Trump Administration’s efforts to add a citizenship question to the 2020 census. On November 26, 2019, the House Committee filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiff sued the Attorney General and the Secretary of Commerce, alleging that they unlawfully refused to comply with …

This is a case about the Trump Administration’s refusal to comply with the House Oversight and Reform Committee’s subpoenas for documents related to its investigation into the Trump Administration’s efforts to add a citizenship question to the 2020 census. On November 26, 2019, the House Committee filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiff sued the Attorney General and the Secretary of Commerce, alleging that they unlawfully refused to comply with the Committee’s subpoenas. By doing so, they allegedly acted in violation of the Committee’s Article I powers. Represented by the U.S. House of Representatives’ Office of General Counsel, the plaintiff sought declaratory and injunctive relief to compel the defendants to immediately produce the subpoenaed documents. They claimed that these documents “go to the heart” of its investigation into the proposed census citizenship question and are thus necessary for the Committee to fulfill its oversight and legislative duties regarding the census. The case was assigned to Judge Randolph Daniel Moss.

On December 17, 2019, the plaintiff filed a motion for expedited summary judgment on all counts of the complaint. Five days prior, on December 12, 2019, the defendants had moved to hold the plaintiff’s motion for a preliminary injunction or expedited summary judgment in abeyance pending the D.C. Circuit Court of Appeals’ decision in Committee on the Judiciary of the United House of Representatives v. McGahn (1:19-cv-02379). Because the McGahn case raised similar issues regarding the court’s authority to hear the suit, the defendants argued that this decision would control the present matter and could either eliminate this case or dramatically reduce the number of issues to be resolved. The court denied the defendant’s motion on December 13, 2019. Subsequently, on January 14, 2020, the defendants filed a motion to dismiss or, in the alternative, for summary judgment.

During this time, the parties continued to negotiate and issued a number of joint status reports about certain documents sought by the House Committee. The plaintiffs claimed that these documents were urgently needed for its investigation and accused the defendants of attempting to run out the clock in order to shield themselves from scrutiny. Meanwhile, the defendants argued that the confidentiality interests implicated by these documents outweighed the interests served by their disclosure.

In the separate McGahn case, the D.C. Circuit issued a decision on February 28, 2020. The Barr defendants argued that this required the dismissal of the present matter. However, on March 16, 2020, the D.C. Circuit vacated the McGahn judgment and granted rehearing en banc. The D.C. Circuit issued another opinion in the McGahn case on August 31, 2020, in which it held that a House committee lacked a cause of action to enforce its subpoena to a former Executive Branch official. As a result of this order, back in the Barr case, the defendants claimed that the D.C. Circuit’s August decision in McGahn made clear that the plaintiffs were not entitled to the relief they sought here. The parties continued to file joint status reports regarding the documents sought.

However, the McGahn plaintiffs petitioned the D.C. Circuit for another rehearing en banc. On October 6, 2020, the Barr court stayed its case pending that decision. Two weeks later, the McGahn court granted another rehearing en banc on October 15, 2020. On the same day, the D.C. District Court ordered that the Barr case would remain stayed pending the D.C. Circuit’s merits decision in McGahn

The parties continued to submit joint status reports throughout 2021. On August 31, 2021, the parties entered into an Agreement Concerning Accommodation, intended to facilitate the end of litigation. The agreement required defendants to make certain documents pertaining to the 2020 census, which plaintiffs had previously attempted to subpoena in January 2021, available to the plaintiffs for in camera review. After review, the plaintiffs would have 30 days to make additional requests for a limited number of relevant documents, subject to the defendants’ approval in good faith. The agreement noted that if both parties reached an agreement with respect to the documents that the plaintiffs selected for in camera review, the parties would file a stipulation of dismissal of the case with prejudice, but if not, they would continue to file joint status reports with the court. Pursuant to this agreement, the parties continued to negotiate in good faith and filed three additional joint status reports updating the court on their progress. 

The parties reached a resolution on January 7, 2022, and filed a stipulation of dismissal with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The court dismissed the case on January 12, 2022.   

The case is closed.

Summary Authors

Sarah Bender (2/26/2021)

Zoe Goldstein (4/1/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16515746/parties/committee-on-oversight-and-reform-united-states-house-of-representatives/


Judge(s)
Attorney for Plaintiff

Barbero, Megan (District of Columbia)

Grogg, Adam Anderson (District of Columbia)

Attorney for Defendant

Burnham, James M (District of Columbia)

Feldon, Gary Daniel (District of Columbia)

Gilligan, James J (District of Columbia)

show all people

Documents in the Clearinghouse

Document

1:19-cv-03557

Docket [PACER]

Jan. 19, 2021

Jan. 19, 2021

Docket
1

1:19-cv-03557

Complaint for Declaratory and Injunctive Relief

Nov. 26, 2019

Nov. 26, 2019

Complaint
49

1:19-cv-03557

Joint Status Report

Sept. 12, 2020

Sept. 12, 2020

Pleading / Motion / Brief
59

1:19-cv-03557

Joint Status Report

Aug. 30, 2021

Aug. 30, 2021

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16515746/committee-on-oversight-and-reform-united-states-house-of-representatives/

Last updated March 24, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against WILLIAM P. BARR, WILBUR L. ROSS, JR ( Filing fee $ 400 receipt number ADCDC-6594605) filed by COMMITTEE ON OVERSIGHT AND REFORM, UNITED STATES HOUSE OF REPRESENTATIVES. (Attachments: # 1 Exhibit Exhibits A-I, # 2 Exhibit Exhibits J-L, # 3 Exhibit Exhibit M, # 4 Exhibit Exhibit N-Z, # 5 Exhibit Exhibits AA-ZZ, # 6 Exhibit Exhibits AAA-HHH, # 7 Exhibit Exhibit III-Pt 1, # 8 Exhibit Exhibit III-Pt 2, # 9 Exhibit Exhibits JJJ-ZZZ, # 10 Exhibit Exhibits AAAA-ZZZZ, # 11 Exhibit Exhibits AAAAA-HHHHH, # 12 Summons to William P. Barr, # 13 Summons to Wilbur Ross, Jr., # 14 Civil Cover Sheet)(Letter, Douglas) (Entered: 11/26/2019)

1 Exhibit Exhibits A-I

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2 Exhibit Exhibits J-L

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3 Exhibit Exhibit M

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4 Exhibit Exhibit N-Z

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5 Exhibit Exhibits AA-ZZ

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6 Exhibit Exhibits AAA-HHH

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7 Exhibit Exhibit III-Pt 1

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8 Exhibit Exhibit III-Pt 2

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9 Exhibit Exhibits JJJ-ZZZ

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10 Exhibit Exhibits AAAA-ZZZZ

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11 Exhibit Exhibits AAAAA-HHHHH

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12 Summons to William P. Barr

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13 Summons to Wilbur Ross, Jr.

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14 Civil Cover Sheet

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Nov. 26, 2019

Nov. 26, 2019

Clearinghouse

Case Assigned/Reassigned

Nov. 27, 2019

Nov. 27, 2019

PACER

Case assigned to Judge Randolph D. Moss. (zmc)

Nov. 27, 2019

Nov. 27, 2019

PACER
2

SUMMONS (2) Issued Electronically as to WILLIAM P. BARR, WILBUR L. ROSS, JR. (Attachment: # 1 Notice and Consent)(zmc) (Entered: 11/27/2019)

Nov. 27, 2019

Nov. 27, 2019

PACER
3

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 11/27/19. (lcrdm3, ) (Entered: 11/27/2019)

Nov. 27, 2019

Nov. 27, 2019

PACER
4

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/2/19. (Moody, Anna) (Entered: 12/05/2019)

Dec. 5, 2019

Dec. 5, 2019

PACER
5

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WILBUR L. ROSS, JR served on 12/2/2019 (Moody, Anna) (Entered: 12/05/2019)

Dec. 5, 2019

Dec. 5, 2019

PACER

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Dec. 6, 2019

Dec. 6, 2019

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.Order

Dec. 6, 2019

Dec. 6, 2019

PACER

MINUTE ORDER: It is hereby ORDERED that counsel for the plaintiffs shall confer with counsel for the defendants and that the parties shall file, on or before December 11, 2019, a joint status report with a proposed schedule for an initial scheduling conference. Signed by Judge Randolph D. Moss on 12/6/19. (lcrdm3, )

Dec. 6, 2019

Dec. 6, 2019

PACER

Order

Dec. 6, 2019

Dec. 6, 2019

PACER
6

NOTICE of Appearance by Steven A. Myers on behalf of All Defendants (Myers, Steven) (Entered: 12/11/2019)

Dec. 11, 2019

Dec. 11, 2019

PACER
7

Joint STATUS REPORT by WILLIAM P. BARR, WILBUR L. ROSS, JR. (Myers, Steven) (Entered: 12/11/2019)

Dec. 11, 2019

Dec. 11, 2019

PACER

MINUTE ORDER: In light of the parties' joint status report 7, it is hereby ORDERED that the parties shall appear for a status conference on December 13, 2019 at 10:15 a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 12/12/19. (lcrdm3, )

Dec. 12, 2019

Dec. 12, 2019

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Dec. 12, 2019

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.Order

Dec. 12, 2019

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Order

Dec. 12, 2019

Dec. 12, 2019

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8

NOTICE of Appearance by Elizabeth J. Shapiro on behalf of All Defendants (Shapiro, Elizabeth) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

PACER
9

NOTICE of Appearance by Josephine T. Morse on behalf of COMMITTEE ON OVERSIGHT AND REFORM, UNITED STATES HOUSE OF REPRESENTATIVES (Morse, Josephine) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

PACER
10

MOTION to Hold in Abeyance Briefing on Plaintiff's Motion for Preliminary Injunction or Expedited Summary Judgment by WILLIAM P. BARR, WILBUR L. ROSS, JR (Shapiro, Elizabeth) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

RECAP
11

NOTICE of Appearance by Anna A. Moody on behalf of COMMITTEE ON OVERSIGHT AND REFORM, UNITED STATES HOUSE OF REPRESENTATIVES (Moody, Anna) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

PACER
12

NOTICE of Appearance by David A. O'Neil on behalf of COMMITTEE ON OVERSIGHT AND REFORM, UNITED STATES HOUSE OF REPRESENTATIVES (O'Neil, David) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

PACER
13

NOTICE of Appearance by Laura Emily O'Neill on behalf of COMMITTEE ON OVERSIGHT AND REFORM, UNITED STATES HOUSE OF REPRESENTATIVES (O'Neill, Laura) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

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~Util - Set/Reset Deadlines/Hearings

Dec. 13, 2019

Dec. 13, 2019

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.Order

Dec. 13, 2019

Dec. 13, 2019

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MINUTE ORDER: It is hereby ORDERED that the following schedule shall govern further proceedings in this case: (1) Plaintiff shall file a motion for expedited summary judgment on or before December 17, 2019; (2) Defendants shall file their response and cross-motion on or before January 13, 2020; (3) Plaintiff shall file its combined opposition and reply on or before January 22, 2020; (4) Defendants shall file their reply in support of their cross motion on or before January 27, 2020; (5) the Court will hear oral argument on the cross-motions on January 30, 2020 at 10:00 a.m. in Courtroom 21. The parties are encouraged to confer with respect to potential accommodations that may resolve or narrow the dispute during the pendency of the litigation. Signed by Judge Randolph D. Moss on 12/13/19. (lchw)

Dec. 13, 2019

Dec. 13, 2019

PACER

Order

Dec. 13, 2019

Dec. 13, 2019

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Status Conference

Dec. 13, 2019

Dec. 13, 2019

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Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 12/13/2019. Defendants' 10 Motion to Hold in Abeyance Briefing on Plaintiff's Motion for Preliminary Injunction or Expedited Summary Judgment; HEARD and DENIED, for the reasons stated on the record. Plaintiffs' oral motion for opening briefs to be 65 pages; GRANTED as to all parties. Scheduling Order entered by Court. (Court Reporter: Janice Dickman.) (kt)

Dec. 13, 2019

Dec. 13, 2019

PACER
14

TRANSCRIPT OF PROCEEDINGS before Judge Randolph D. Moss held on December 13, 2019; Page Numbers: 1-41. Date of Issuance:December 16, 2019. Court Reporter: Janice Dickman, Telephone number: 202-354-3267, 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 1/6/2020. Redacted Transcript Deadline set for 1/16/2020. Release of Transcript Restriction set for 3/15/2020.(Dickman, Janice) (Entered: 12/16/2019)

Dec. 16, 2019

Dec. 16, 2019

PACER
15

NOTICE of Appearance by Gary Daniel Feldon on behalf of WILLIAM P. BARR, WILBUR L. ROSS, JR (Feldon, Gary) (Entered: 12/17/2019)

Dec. 17, 2019

Dec. 17, 2019

PACER
16

NOTICE of Appearance by James J. Gilligan on behalf of All Defendants (Gilligan, James) (Entered: 12/17/2019)

Dec. 17, 2019

Dec. 17, 2019

PACER
17

Expedited MOTION for Summary Judgment / Plaintiff's Motion for Expedited Summary Judgment and Memorandum in Support of Its Motion for Expedited Summary Judgment by COMMITTEE ON OVERSIGHT AND REFORM, UNITED STATES HOUSE OF REPRESENTATIVES (Attachments: # 1 Declaration of Todd B. Tatelman in Support of Motion, # 2 Exhibits A-I to Tatelman Declaration, # 3 Exhibits J-L to Tatelman Declaration, # 4 Exhibit M (Part 1) to Tatelman Declaration, # 5 Exhibits M (Part 2) to Tatelman Declaration, # 6 Exhibits N-Z to Tatelman Declaration, # 7 Exhibits AA-ZZ to Tatelman Declaration, # 8 Exhibits AAA-HHH to Tatelman Declaration, # 9 Exhibit III (Part 1) to Tatelman Declaration, # 10 Exhibit III (Part 2) to Tatelman Declaration, # 11 Exhibits JJJ-ZZZ to Tatelman Declaration, # 12 Exhibits AAAA-ZZZZ to Tatelman Declaration, # 13 Exhibits AAAAA-HHHHH to Tatelman Declaration, # 14 Plaintiff's Statement of Material Facts Not in Dispute, # 15 Text of Proposed Order)(Letter, Douglas) Modified text and event on 12/18/2019 (ztd). (Entered: 12/17/2019)

Dec. 17, 2019

Dec. 17, 2019

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18

Memorandum in opposition to re 17 MOTION for Summary Judgment / Plaintiff's Motion for Expedited Summary Judgment and Memorandum in Support of Its Motion for Expedited Summary Judgment filed by WILLIAM P. BARR, WILBUR L. ROSS, JR. (Attachments: # 1 Affidavit (Declaration of Elliott Davis), # 2 Affidavit (Declaration of Anthony Foti), # 3 Exhibit (Foti Exhibits A-G), # 4 Exhibit (Foti Exhibits H-P), # 5 Exhibit (Foti Exhibits Q-Z), # 6 Exhibit (Foti Exhibits AA-FF), # 7 Affidavit (Second Declaration of Anthony Foti), # 8 Affidavit (Declaration of Megan Greer), # 9 (Response to Plaintiff's Statement of Material Facts), # 10 Text of Proposed Order)(Gilligan, James) (Entered: 01/14/2020)

Jan. 14, 2020

Jan. 14, 2020

PACER
19

MOTION for Summary Judgment (Defendants' Motion and Supporting Memorandum to Dismiss or for Summary Judgment) by WILLIAM P. BARR, WILBUR L. ROSS, JR (Attachments: # 1 Affidavit (Declaration of Elliott Davis), # 2 Affidavit (Declaration of Anthony Foti), # 3 Exhibit (Foti Exhibits A-G), # 4 Exhibit (Foti Exhibits H-P), # 5 Exhibit (Foti Exhibits Q-Z), # 6 Exhibit (Foti Exhibits AA-FF), # 7 Affidavit (Second Declaration of Anthony Foti), # 8 Affidavit (Declaration of Megan Greer), # 9 Statement of Facts (Defendants' Statement of Material Facts), # 10 Text of Proposed Order)(Gilligan, James). Added MOTION to Dismiss on 1/14/2020 (ztd). (Entered: 01/14/2020)

Jan. 14, 2020

Jan. 14, 2020

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20

MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment / Plaintiff's Motion for Expedited Summary Judgment and Memorandum in Support of Its Motion for Expedited Summary Judgment and to File Defendants' Cross-Motion to Dismiss or for Summary Judgment, Nunc Pro Tunc by WILLIAM P. BARR, WILBUR L. ROSS, JR (Attachments: # 1 Text of Proposed Order)(Gilligan, James) (Entered: 01/14/2020)

1 Text of Proposed Order

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Jan. 14, 2020

Jan. 14, 2020

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MINUTE ORDER: Upon consideration of the Defendants' motion for extension of time nunc pro tunc 20, it is hereby ORDERED that the motion is GRANTED. Signed by Judge Randolph D. Moss on 1/16/20. (lcrdm3, )

Jan. 16, 2020

Jan. 16, 2020

PACER

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

Jan. 16, 2020

Jan. 16, 2020

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21

Unopposed MOTION for Leave to File Excess Pages by COMMITTEE ON OVERSIGHT AND REFORM, UNITED STATES HOUSE OF REPRESENTATIVES (Attachments: # 1 Text of Proposed Order)(Letter, Douglas) (Entered: 01/20/2020)

Jan. 20, 2020

Jan. 20, 2020

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Order on Motion for Leave to File Excess Pages

Jan. 21, 2020

Jan. 21, 2020

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MINUTE ORDER: Upon consideration of Plaintiff's unopposed motion for leave to file excess pages 21, it is hereby ORDERED that the motion is GRANTED. Plaintiff may file a combined reply and response of up to 60 pages. Signed by Judge Randolph D. Moss on 1/21/20. (lcrdm3, )

Jan. 21, 2020

Jan. 21, 2020

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22

NOTICE of Appearance by Nathaniel D. Johnson on behalf of COMMITTEE ON OVERSIGHT AND REFORM, UNITED STATES HOUSE OF REPRESENTATIVES (Johnson, Nathaniel) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
23

REPLY to opposition to motion re 17 MOTION for Summary Judgment / Plaintiff's Motion for Expedited Summary Judgment and Memorandum in Support of Its Motion for Expedited Summary Judgment / Plaintiff's Reply in Support of Its Motion for Expedited Summary Judgment and Opposition to Defendants' Cross-Motion filed by COMMITTEE ON OVERSIGHT AND REFORM, UNITED STATES HOUSE OF REPRESENTATIVES. (Letter, Douglas) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

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24

Memorandum in opposition to re 19 MOTION for Summary Judgment (Defendants' Motion and Supporting Memorandum to Dismiss or for Summary Judgment) MOTION to Dismiss / Plaintiff's Reply in Support of Its Motion for Expedited Summary Judgment and Opposition to Defendants' Cross-Motion filed by COMMITTEE ON OVERSIGHT AND REFORM, UNITED STATES HOUSE OF REPRESENTATIVES. (Attachments: # 1 Plaintiff's Response to Defendants' Statement of Material Facts Not in Dispute)(Letter, Douglas) (Entered: 01/22/2020)

1 Plaintiff's Response to Defendants' Statement of Material Facts Not i

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Jan. 22, 2020

Jan. 22, 2020

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25

Consent MOTION for Leave to File Excess Pages by WILLIAM P. BARR, WILBUR L. ROSS, JR (Attachments: # 1 Text of Proposed Order)(Myers, Steven) (Entered: 01/23/2020)

Jan. 23, 2020

Jan. 23, 2020

PACER

Order on Motion for Leave to File Excess Pages

Jan. 23, 2020

Jan. 23, 2020

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MINUTE ORDER: Upon consideration of the Defendants' consent motion for leave to file excess pages 25, it is hereby ORDERED that the motion is GRANTED. Defendants may file a reply of up to 45 pages. Signed by Judge Randolph D. Moss on 1/23/20. (lcrdm3, )

Jan. 23, 2020

Jan. 23, 2020

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26

NOTICE of Appearance by James Mahoney Burnham on behalf of All Defendants (Burnham, James) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

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27

REPLY to opposition to motion re 19 MOTION for Summary Judgment (Defendants' Motion and Supporting Memorandum to Dismiss or for Summary Judgment) MOTION to Dismiss (Reply Memorandum In Support Of Defendants Motion To Dismiss, Or, In The Alternative, For Summary Judgment) filed by WILLIAM P. BARR, WILBUR L. ROSS, JR. (Gilligan, James) (Entered: 01/27/2020)

Jan. 27, 2020

Jan. 27, 2020

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28

NOTICE of Appearance by Adam Anderson Grogg on behalf of All Plaintiffs (Grogg, Adam) (Entered: 01/29/2020)

Jan. 29, 2020

Jan. 29, 2020

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Jan. 30, 2020

Jan. 30, 2020

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Motion Hearing

Jan. 30, 2020

Jan. 30, 2020

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Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 1/30/2020 re: 17 Expedited MOTION for Summary Judgment / Plaintiff's Motion for Expedited Summary Judgment and Memorandum in Support of Its Motion for Expedited Summary Judgment filed by COMMITTEE ON OVERSIGHT AND REFORM, UNITED STATES HOUSE OF REPRESENTATIVES, and 19 MOTION for Summary Judgment (Defendants' Motion and Supporting Memorandum to Dismiss or for Summary Judgment) MOTION to Dismiss filed by WILLIAM P. BARR, WILBUR L. ROSS, JR. Matter taken UNDER ADVISEMENT. Defendants' shall file a notice regarding their submission of ex parte, in camera, documents by tomorrow. The parties are to continue to confer and shall submit a Joint Status Report by 2/13/2020. (Court Reporter Jeff Hook.) (kt)

Jan. 30, 2020

Jan. 30, 2020

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29

NOTICE by WILLIAM P. BARR, WILBUR L. ROSS, JR (Gilligan, James) (Entered: 01/31/2020)

Jan. 31, 2020

Jan. 31, 2020

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Jan. 31, 2020

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Order

Jan. 31, 2020

Jan. 31, 2020

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30

TRANSCRIPT OF MOTION HEARING before Judge Randolph D. Moss held on January 30, 2020. Page Numbers: 1 - 161. Date of Issuance: January 31, 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 refe renced 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 2/21/2020. Redacted Transcript Deadline set for 3/2/2020. Release of Transcript Restriction set for 4/30/2020.(Hook, Jeff) (Entered: 01/31/2020)

Jan. 31, 2020

Jan. 31, 2020

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MINUTE ORDER: In light of Defendants' notice 29, it is hereby ORDERED that the Defendants shall file a further notice regarding the submission of documents for in camera, ex parte review on or before February 3, 2020. Signed by Judge Randolph D. Moss on 1/31/20. (lcrdm3, )

Jan. 31, 2020

Jan. 31, 2020

PACER
31

NOTICE (regarding submission of documents for ex parte, in camera review) by WILLIAM P. BARR, WILBUR L. ROSS, JR (Gilligan, James) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

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32

MOTION to Withdraw as Attorney by WILLIAM P. BARR, WILBUR L. ROSS, JR (Burnham, James) (Entered: 02/04/2020)

Feb. 4, 2020

Feb. 4, 2020

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NOTICE (documents delivered to the Court for ex parte, in camera review) by WILLIAM P. BARR, WILBUR L. ROSS, JR (Attachments: # 1 Exhibit (Transmittal Letter from Defendants' Counsel to the Court))(Gilligan, James) (Entered: 02/04/2020)

Feb. 4, 2020

Feb. 4, 2020

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Order on Motion to Withdraw as Attorney

Feb. 7, 2020

Feb. 7, 2020

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MINUTE ORDER: Upon consideration of Attorney Burnham's motion to withdraw appearance 32, it is hereby ORDERED that the motion is GRANTED. Signed by Judge Randolph D. Moss on 2/7/20. (lcrdm3, )

Feb. 7, 2020

Feb. 7, 2020

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34

Joint STATUS REPORT by COMMITTEE ON OVERSIGHT AND REFORM, UNITED STATES HOUSE OF REPRESENTATIVES. (Letter, Douglas) (Entered: 02/13/2020)

Feb. 13, 2020

Feb. 13, 2020

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Feb. 14, 2020

Feb. 14, 2020

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.Order

Feb. 14, 2020

Feb. 14, 2020

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MINUTE ORDER: In light of the parties' joint status report 34, it is hereby ORDERED that the parties shall submit a further joint status report regarding the remaining documents on or before February 27, 2020. Signed by Judge Randolph D. Moss on 2/14/20. (lcrdm3, )

Feb. 14, 2020

Feb. 14, 2020

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Order

Feb. 14, 2020

Feb. 14, 2020

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35

Joint STATUS REPORT by WILLIAM P. BARR, WILBUR L. ROSS, JR. (Gilligan, James) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

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Feb. 28, 2020

Feb. 28, 2020

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Feb. 28, 2020

Feb. 28, 2020

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MINUTE ORDER: In light of the parties' joint status report 35, it is hereby ORDERED that the parties shall file a further joint status report on or before March 12, 2020. Signed by Judge Randolph D. Moss on 2/28/20. (lcrdm3, )

Feb. 28, 2020

Feb. 28, 2020

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Order

Feb. 28, 2020

Feb. 28, 2020

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36

NOTICE OF SUPPLEMENTAL AUTHORITY by WILLIAM P. BARR, WILBUR L. ROSS, JR (Attachments: # 1 Exhibit A - Committee on the Judiciary v. McGahn)(Myers, Steven) (Entered: 03/02/2020)

1 Exhibit A - Committee on the Judiciary v. McGahn

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March 2, 2020

March 2, 2020

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MINUTE ORDER: In light of the D.C. Circuit's recent decision in Committee on the Judiciary v. McGahn, No. 19-5331 (D.C. Cir. Feb. 28, 2020), and the pending petition for rehearing en banc, the parties are hereby ORDERED to meet and confer and to file a joint status report on or before March 20, 2020 outlining their proposed next steps for this litigation. Signed by Judge Randolph D. Moss on 3/10/20. (lcrdm3, )

March 10, 2020

March 10, 2020

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March 10, 2020

March 10, 2020

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March 10, 2020

March 10, 2020

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MINUTE ORDER: Upon consideration of the parties' joint notice, Dkt. 17, it is hereby ORDERED that the parties shall file either a joint status report or a joint stipulation of dismissal on or before April 5, 2020. It is further ORDERED that the pre-motion conference scheduled for March 12, 2020 is hereby VACATED and the case is STAYED pending the parties' April 5, 2020 filing. Signed by Judge Randolph D. Moss on 3/10/20. (lcrdm3, )

March 10, 2020

March 10, 2020

PACER

ENTERED IN ERROR.....MINUTE ORDER: Upon consideration of the parties' joint notice, Dkt. 17, it is hereby ORDERED that the parties shall file either a joint status report or a joint stipulation of dismissal on or before April 5, 2020. It is further ORDERED that the pre-motion conference scheduled for March 12, 2020 is hereby VACATED and the case is STAYED pending the parties' April 5, 2020 filing. Signed by Judge Randolph D. Moss on 3/10/20. (lcrdm3, ) Modified on 3/10/2020, entered in wrong case (kt).

March 10, 2020

March 10, 2020

PACER

Order

March 10, 2020

March 10, 2020

PACER
37

Joint STATUS REPORT by COMMITTEE ON OVERSIGHT AND REFORM, UNITED STATES HOUSE OF REPRESENTATIVES. (Letter, Douglas) (Entered: 03/12/2020)

March 12, 2020

March 12, 2020

RECAP

~Util - Set/Reset Deadlines

March 12, 2020

March 12, 2020

PACER

.Order

March 12, 2020

March 12, 2020

PACER

Order

March 12, 2020

March 12, 2020

PACER

MINUTE ORDER: In light of the parties' joint status report 37, it is hereby ORDERED that the parties shall file a further joint status report on or before March 20, 2020. Signed by Judge Randolph D. Moss on 3/12/20. (lcrdm3, )

March 12, 2020

March 12, 2020

PACER
38

NOTICE OF SUPPLEMENTAL AUTHORITY by COMMITTEE ON OVERSIGHT AND REFORM, UNITED STATES HOUSE OF REPRESENTATIVES (Attachments: # 1 Exhibit)(Letter, Douglas) (Entered: 03/16/2020)

1 Exhibit

View on PACER

March 16, 2020

March 16, 2020

RECAP
39

Joint STATUS REPORT by COMMITTEE ON OVERSIGHT AND REFORM, UNITED STATES HOUSE OF REPRESENTATIVES. (Letter, Douglas) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

RECAP
40

Joint STATUS REPORT by WILLIAM P. BARR, WILBUR L. ROSS, JR. (Myers, Steven) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

RECAP
41

Joint STATUS REPORT by WILLIAM P. BARR, WILBUR L. ROSS, JR. (Myers, Steven) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

RECAP

~Util - Set/Reset Deadlines

May 4, 2020

May 4, 2020

PACER

.Order

May 4, 2020

May 4, 2020

PACER

MINUTE ORDER: In light of the parties' joint status report 41, it is hereby ORDERED that the parties shall file a further joint status report on or before May 22, 2020. Signed by Judge Randolph D. Moss on 5/4/20. (lcrdm3, )

May 4, 2020

May 4, 2020

PACER

Order

May 4, 2020

May 4, 2020

PACER
42

Joint STATUS REPORT by COMMITTEE ON OVERSIGHT AND REFORM, UNITED STATES HOUSE OF REPRESENTATIVES. (Letter, Douglas) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

RECAP
43

Joint STATUS REPORT by WILLIAM P. BARR, WILBUR L. ROSS, JR. (Gilligan, James) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER

MINUTE ORDER: In light of the parties' joint status report 43, it is hereby ORDERED that the parties must file a further joint status report on or before July 10, 2020. Signed by Judge Randolph D. Moss on 6/18/20. (lcrdm3, )

June 18, 2020

June 18, 2020

PACER

Order

June 18, 2020

June 18, 2020

PACER

~Util - Set/Reset Deadlines AND .Order

June 19, 2020

June 19, 2020

PACER
44

Joint STATUS REPORT by WILLIAM P. BARR, WILBUR L. ROSS, JR. (Gilligan, James) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Nov. 26, 2019

Closing Date: Jan. 12, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

U.S. House of Representatives' Committee on Oversight and Reform

Plaintiff Type(s):

Non-DOJ federal government plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Attorney General (Washington, District of Columbia), Federal

U.S. Secretary of Commerce (Washington, District of Columbia), Federal

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Enumerations Clause

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General:

Records Disclosure