Case details

Court: dcd
Docket #: 1:04-cv-00907
Case Name: JUDICIAL WATCH, INC. v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY
PACER case #: 109156
Date filed: 2004-06-03
Date terminated: 2012-09-04
Date of last filing: 2012-12-14
Assigned to: Judge Reggie B. Walton
Case Cause: 05:552 Freedom of Information Act
Nature of Suit: 895 Freedom of Information Act
Jury Demand: None
Jurisdiction: U.S. Government Defendant

Parties

Represented Party Attorney & Contact Info
JUDICIAL WATCH, INC.
Plaintiff
 
Meredith Leigh Di Liberto
JUDICIAL WATCH, INC.
425 Third Street, SW
Suite 800
Washington, DC 20024
(202) 646-5172
Fax: (202) 646-5199
Email: m.diliberto@yahoo.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Paul J. Orfanedes
JUDICIAL WATCH, INC.
425 Third Street, SW
Suite 800
Washington, DC 20024
(202) 646-5172
Fax: (202) 646-5199
Email: porfanedes@judicialwatch.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jason B. Aldrich
JUDICIAL WATCH, INC.
425 Third Street, SW
Suite 800
Washington, DC 20024
(202) 646-5172
Fax: (202) 646-5199
Email: jaldrich@judicialwatch.org
ATTORNEY TO BE NOTICED
UNITED STATES DEPARTMENT OF HOMELAND SECURITY
Defendant
 
Benton Gregory Peterson
U.S. ATTORNEY'S OFFICE
Civil Division
Room E4822
555 Fourth Street, NW
Washington, DC 20530
(202) 252-2534
Fax: (202) 514-8780
Email: benton.peterson@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Peter S. Smith
UNITED STATES ATTORNEY'S OFFICE
Appellate Division
555 4th Street, NW
Eighth Floor
Washington, DC 20530-0001
(202) 252-6769
Fax: (202) 514-8779
Email: peter.smith@usdoj.gov
TERMINATED: 10/02/2007

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2004-06-03 1 0 COMPLAINT against UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Filing fee $ 150.) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(jf, ) (Entered: 06/08/2004)
2004-06-03 2 0 LCvR 7.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests for Judicial Watch, Inc. (jf, ) (Entered: 06/08/2004)
2004-06-29 3 0 ATTORNEY APPEARANCE. (Smith, Peter) (Entered: 06/29/2004)
2004-06-29 4 0 Consent MOTION for Extension of Time to File Answer by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Smith, Peter) (Entered: 06/29/2004)
2004-08-09 5 0 ANSWER to Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Smith, Peter) (Entered: 08/09/2004)
2004-12-21 6 0 STATUS REPORT by JUDICIAL WATCH, INC., UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Affidavit)(Smith, Peter) (Entered: 12/21/2004)
2005-07-08 7 0 STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Smith, Peter) (Entered: 07/08/2005)
2005-09-06 8 0 STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Smith, Peter) (Entered: 09/06/2005)
2005-10-13 9 0 STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Smith, Peter) (Entered: 10/13/2005)
2005-11-01 10 0 MOTION for Summary Judgment (Partial) with Statement of Facts in Support of Motion by JUDICIAL WATCH, INC.. (Attachments: # 1 Affidavit of Christopher J. Farrell# 2 Text of Proposed Order)(Orfanedes, Paul) (Entered: 11/01/2005)
2005-11-23 11 0 MOTION for Extension of Time to File Response/Reply as to 10 MOTION for Summary Judgment (Partial) with Statement of Facts in Support of Motion by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Smith, Peter) (Entered: 11/23/2005)
2005-12-22 12 0 MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Partial Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Statement of Facts # 4 Text of Proposed Order)(Smith, Peter) (Entered: 12/22/2005)
2005-12-22 13 0 Memorandum in opposition to re 10 filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Smith, Peter) (Entered: 12/22/2005)
2006-01-04 14 0 Consent MOTION for Extension of Time to File Response/Reply reply to opposition to motion for partial summary judgment, opposition to cross-motion for summary judgment, and reply to opposition to cross-motion for summary judgment by JUDICIAL WATCH, INC.. (Orfanedes, Paul) (Entered: 01/04/2006)
2006-01-13 15 0 NOTICE of Appearance by Meredith Leigh DiLiberto on behalf of JUDICIAL WATCH, INC. (DiLiberto, Meredith) (Entered: 01/13/2006)
2006-01-13 16 0 Memorandum in opposition to re 12 /Reply in Support of Plaintiff's Partial Summary Judgment Motion filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4 - Affidavit of Christopher J. Farrell (with exhibits)# 5 Text of Proposed Order)(DiLiberto, Meredith) (Entered: 01/13/2006)
2006-01-13 17 0 REPLY to opposition to motion re 10 MOTION for Summary Judgment (Partial) filed by JUDICIAL WATCH, INC. (Please see Document No. 16 for scanned images). (nmw, ) (Entered: 01/17/2006)
2006-01-30 18 0 Consent MOTION for Extension of Time to File Response/Reply as to 16 Memorandum in Opposition, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Smith, Peter) (Entered: 01/30/2006)
2006-02-07 19 0 MOTION to Stay by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Smith, Peter) (Entered: 02/07/2006)
2006-02-08 20 0 Memorandum in opposition to re 19 /Motion to Stay filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 02/08/2006)
2006-02-09 21 0 ORDER granting 19 Motion to Stay. Signed by Judge Reggie B. Walton on February 9, 2006. (lcrbw3, ) (Entered: 02/09/2006)
2006-03-31 22 0 STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Smith, Peter) (Entered: 03/31/2006)
2006-04-19 23 0 STATUS REPORT , objection to by JUDICIAL WATCH, INC.. (Orfanedes, Paul) (Entered: 04/19/2006)
2006-04-19 24 0 RESPONSE (objection) to 23 status report filed by JUDICIAL WATCH, INC.. (td, ) (Entered: 04/20/2006)
2006-05-10 25 0 MOTION for Extension of Time to File Briefing Schedule by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Smith, Peter) (Entered: 05/10/2006)
2006-05-11 26 0 Memorandum in opposition to re 25 MOTION for Extension of Time to File Briefing Schedule filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Di Liberto, Meredith) (Entered: 05/11/2006)
2006-05-12 27 0 REPLY to opposition to motion re 25 MOTION for Extension of Time to File Briefing Schedule filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Smith, Peter) (Entered: 05/12/2006)
2006-05-24 28 0 NOTICE of Filing Search Declarations and Supplemental Vaughn Index by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Affidavit Declaration of Shari Suzuki with Exhibits# 2 Affidavit Declaration of John H. Block# 3 Affidavit Declaration of Daniel Hiebert# 4 Affidavit Declaration of Cynthia Atwood)(Smith, Peter) (Entered: 05/24/2006)
2006-06-07 29 0 NOTICE of Filing Joint Proposed Briefing Schedule by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Smith, Peter) (Entered: 06/07/2006)
2006-06-21 30 0 Unopposed MOTION to Amend/Correct a Date in the Court's June 12, 2006 Order by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Di Liberto, Meredith) (Entered: 06/21/2006)
2006-07-21 31 0 MOTION for Partial Summary Judgment by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Text of Proposed Order)(Di Liberto, Meredith) (Entered: 07/21/2006)
2006-08-21 32 0 Cross MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit Second Atwood Declaration# 2 Statement of Facts # 3 Text of Proposed Order)(Smith, Peter) (Entered: 08/21/2006)
2006-08-21 33 0 Memorandum in opposition to re 31 MOTION for Partial Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Smith, Peter) (Entered: 08/21/2006)
2006-09-05 34 0 Memorandum in opposition to re 32 Cross MOTION for Summary Judgment and Reply in Support of Plaintiff's Motion for Partial Summary Judgment 31 filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Di Liberto, Meredith) (Entered: 09/05/2006)
2006-09-05 35 0 REPLY to opposition to motion re 31 MOTION for Partial Summary Judgment filed by JUDICIAL WATCH, INC.. (See document no. 34 for image. (td, ) (Entered: 09/06/2006)
2006-09-15 36 0 REPLY to opposition to motion re 32 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1)(Smith, Peter) (Entered: 09/15/2006)
2007-08-10 37 0 ORDER denying without prejudice 31 Motion for Partial Summary Judgment; denying without prejudice 32 Motion for Summary Judgment. The parties shall submit, by August 24, 2007, a joint proposed briefing schedule for the filing of dispositive motions addressing the adequacy of the totality of the defendant's efforts, taken together, to respond to the plaintiff's FOIA request. Signed by Judge Reggie B. Walton on August 10, 2007. (lcrbw3, ) (Entered: 08/10/2007)
2007-08-23 38 0 NOTICE of Filing Joint Proposed Briefing Schedule by JUDICIAL WATCH, INC., UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Di Liberto, Meredith) (Entered: 08/23/2007)
2007-10-02 39 0 NOTICE of Appearance by Benton Gregory Peterson on behalf of UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Peterson, Benton) (Entered: 10/02/2007)
2007-10-03 40 0 Consent MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Peterson, Benton) (Entered: 10/03/2007)
2007-10-30 41 0 MOTION for Summary Judgment (Renewed) by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Affidavit First Atwood Declaration# 2 Affidavit Second Atwood Declaration# 3 Affidavit Third Atwood Declaration# 4 Affidavit Kittle Declaration# 5 Affidavit Block Declaration# 6 Affidavit Hiebert Declaration# 7 Affidavit Meadors Declaration# 8 Affidavit Ortiz Declaration# 9 Affidavit First Suzuki Declaration# 10 Affidavit Second Suzuki Declaration)(Peterson, Benton) (Entered: 10/30/2007)
2007-11-01 42 0 NOTICE of Filing by UNITED STATES DEPARTMENT OF HOMELAND SECURITY re 41 MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) (Attachments: # 1 Exhibit Exhibit 1 (June 15 Letter))(Peterson, Benton) (Entered: 11/01/2007)
2007-11-14 43 0 ERRATA by UNITED STATES DEPARTMENT OF HOMELAND SECURITY 41 MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 attachment# 2 attachment# 3 attachment)(Peterson, Benton) (Entered: 11/14/2007)
2007-11-20 44 0 Cross MOTION for Summary Judgment (Partial) (With Statement of Material Facts) by JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit Di Liberto Affidavit# 2 Exhibit First Farrell Affidavit# 3 Exhibit Second Farrell Affidavit# 4 Text of Proposed Order)(Di Liberto, Meredith) (Entered: 11/20/2007)
2007-11-20 45 0 Memorandum in opposition to re 41 MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit Di LIberto Affidavit# 2 Exhibit First Farrell Affidavit# 3 Exhibit Second Farrell Affidavit)(Di Liberto, Meredith) (Entered: 11/20/2007)
2007-11-26 46 0 NOTICE of Appearance by Jason B. Aldrich on behalf of JUDICIAL WATCH, INC. (Aldrich, Jason) (Entered: 11/26/2007)
2007-12-04 47 0 Consent MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 12/04/2007)
2007-12-14 48 0 Unopposed MOTION for Leave to File by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Attached Statement of Material Facts)(Peterson, Benton) (Entered: 12/14/2007)
2007-12-14 49 0 Memorandum in opposition to re 44 Cross MOTION for Summary Judgment (Partial) (With Statement of Material Facts)Cross MOTION for Summary Judgment (Partial) (With Statement of Material Facts), 41 MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) and Reply to Plaintiff's Opposition to Defendant's Renewed Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Statement of Facts # 2 Declaration Johnny Meadors with Attachments)(Peterson, Benton) (Entered: 12/14/2007)
2007-12-17 50 0 MEMORANDUM Statement of material facts as to which there is no genuine issue in support of its renewed motion for summary judgment re 41 MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) MOTION for Summary Judgment (Renewed) filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (td, ) (Entered: 12/18/2007)
2008-01-11 51 0 REPLY to opposition to motion re 44 Cross MOTION for Summary Judgment (Partial) (With Statement of Material Facts)Cross MOTION for Summary Judgment (Partial) (With Statement of Material Facts) filed by JUDICIAL WATCH, INC.. (Aldrich, Jason) (Entered: 01/11/2008)
2009-07-08 52 0 NOTICE of Change of Address by Jason B. Aldrich (Aldrich, Jason) (Entered: 07/08/2009)
2009-07-08 53 0 NOTICE of Change of Address by Paul J. Orfanedes (Orfanedes, Paul) (Entered: 07/08/2009)
2009-07-08 54 0 NOTICE of Change of Address by Meredith Leigh Di Liberto (Di Liberto, Meredith) (Entered: 07/08/2009)
2010-06-03 55 0 NOTICE of Change of Address by Paul J. Orfanedes (Orfanedes, Paul) (Entered: 06/03/2010)
2010-06-04 56 0 NOTICE of Change of Address by Jason B. Aldrich (Aldrich, Jason) (Entered: 06/04/2010)
2012-02-16 57 0 ORDER. The parties shall file a joint status report on or before February 24, 2012, advising the Court as to (1) whether a live controversy still exists in this action, and (2) whether there is a need for supplemental briefing in light of the long period of time that has passed since the parties filed their respective cross-motions. Signed by Judge Reggie B. Walton on 2-16-12 (lcrbw3). (Entered: 02/16/2012)
2012-02-24 58 0 STATUS REPORT (Joint) by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Peterson, Benton) (Entered: 02/24/2012)
2012-04-30 59 0 ORDER denying 41 Motion for Summary Judgment; granting in part and denying in part 44 Motion for Summary Judgment. In accordance with the memorandum opinion issued this same date, it is ORDERED that the DHS's renewed motion for summary judgment is DENIED WITHOUT PREJUDICE. It is further ORDERED that Judicial Watch's renewed cross-motion for partial summary is GRANTED IN PART and DENIED IN PART WITHOUT PREJUDICE. It is further ORDERED that the DHS shall conduct a new search for documents responsive to Judicial Watch's request for "[a]ny and all records that refer and/or relate to the number of illegal immigrants apprehended in San Diego county from January 7, 2004 to the present [i.e., February 27, 2004]," and provide a supplemental declaration describing that search on or before May 30, 2012. It is further ORDERED that the DHS must produce to Judicial Watch forthwith any records within its possession that it has already identified as responsive to the foregoing FOIA request. It is further ORDERED that the DHS shall submit a supplemental declaration on or before May 30, 2012, describing in sufficient detail the searches of each component office within Customs that was included in the DHS's second search for responsive records, taking into account the deficiencies identified in the Court's memorandum opinion. It is further ORDERED that the parties shall file a joint proposed briefing schedule for renewed summary judgment motions on or before June 15, 2012. Signed by Judge Reggie B. Walton on 4-30-12 (lcrbw3, ). (Entered: 04/30/2012)
2012-04-30 60 0 MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on 4-30-12. (lcrbw3, ) (Entered: 04/30/2012) 2012-05-01 08:09:40 22aec93fcf788cff05a8802abd0d1142ee6f8d51
2012-05-30 61 0 NOTICE of Filing of Declarations by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Declaration Suzuki, # 2 Declaration Visconti)(Peterson, Benton) (Entered: 05/30/2012)
2012-06-15 62 0 NOTICE of Filing Joint Proposed Briefing Schedule by JUDICIAL WATCH, INC., UNITED STATES DEPARTMENT OF HOMELAND SECURITY re 59 Order on Motion for Summary Judgment,,,,,,,,,,,,, (Aldrich, Jason) (Entered: 06/15/2012)
2012-07-30 63 0 MOTION for Summary Judgment (Renewed) by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Statement of Facts, # 2 Declaration Suzuki, # 3 Declaration Visconti, # 4 Exhibit #1, # 5 Exhibit #2, # 6 Text of Proposed Order)(Peterson, Benton) (Entered: 07/30/2012)
2012-08-30 64 0 RESPONSE re 63 MOTION for Summary Judgment (Renewed) filed by JUDICIAL WATCH, INC.. (Aldrich, Jason) (Entered: 08/30/2012)
2012-09-14 65 0 MOTION for Attorney Fees and Litigation Expenses by JUDICIAL WATCH, INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Text of Proposed Order)(Aldrich, Jason) (Entered: 09/14/2012) 2015-05-01 13:49:59 3984e8fd35fe728d373076df138f39257bec1e66
65 1 Exhibit 1
65 2 Exhibit 2
65 3 Exhibit 3
65 4 Exhibit 4
65 5 Exhibit 5
65 6 Text of Proposed Order
2012-09-26 66 0 Unopposed MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 09/26/2012)
2012-10-26 67 0 Unopposed MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 10/26/2012)
2012-11-07 68 0 Consent MOTION to Stay by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 11/07/2012)
2012-12-07 69 0 STATUS REPORT Joint Status Report by JUDICIAL WATCH, INC., UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Aldrich, Jason) (Entered: 12/07/2012) 2015-05-01 13:59:36 7d0250f20050ca873f3c0d47e4ef4219c33b616f
2012-12-14 70 0 Joint MOTION to Dismiss Pursuant to FRCP Rule 41(a)(2) by JUDICIAL WATCH, INC., UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Exhibit 1 (Stipulation of Settlement and Dismissal), # 2 Text of Proposed Order)(Aldrich, Jason) (Entered: 12/14/2012)