CLOSED,TYPE−I
U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:17−cv−01281−JEB

JAMES MADISON PROJECT et al v. DEPARTMENT OF HOMELAND SECURITY Assigned to: Judge James E. Boasberg Cause: 05:552 Freedom of Information Act
Plaintiff

Date Filed: 06/29/2017 Date Terminated: 04/19/2019 Jury Demand: None Nature of Suit: 895 Freedom of Information Act Jurisdiction: U.S. Government Defendant

JAMES MADISON PROJECT

represented by Bradley Prescott Moss LAW OFFICES OF MARK S. ZAID, P.C. 1250 Connecticut Avenue, NW Suite 700 Washington, DC 20036 (202) 454−2809 Fax: (202) 330−5610 Email: brad@markzaid.com ATTORNEY TO BE NOTICED

Plaintiff NOAH SHACHTMAN

represented by Bradley Prescott Moss (See above for address) ATTORNEY TO BE NOTICED

Plaintiff BETSY WOODRUFF

represented by Bradley Prescott Moss (See above for address) ATTORNEY TO BE NOTICED

V.
Defendant
DEPARTMENT OF HOMELAND SECURITY

represented by Michael Leon Drezner U.S. DEPARTMENT OF JUSTICE Civil Division, Federal Programs Branch 1100 L Street NW Room 12210 Washington, DC 20005 (202) 514−4505 Fax: (202) 616−8470 Email: Michael.L.Drezner@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/29/2017
06/29/2017 06/29/2017

# Docket Text
1 COMPLAINT against DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090−5012498) filed by THE JAMES MADISON PROJECT, BETSY WOODRUFF, NOAH SHACHTMAN. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Rule 7.1 certification, # 3 Summons DHS, # 4 Summons USADC, # 5 Summons USAG)(Moss, Bradley) (Entered: 06/29/2017)
Case Assigned to Judge James E. Boasberg. (sth) (Entered: 06/29/2017)
2 SUMMONS (3) Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, #

08/08/2017 08/08/2017 08/09/2017
08/09/2017 08/23/2017 08/24/2017 08/24/2017 09/07/2017 09/07/2017
10/10/2017 10/11/2017
10/11/2017 11/06/2017 01/05/2018 01/05/2018 01/05/2018 02/01/2018 02/01/2018 02/02/2018

2 Summons, # 3 Summons)(sth) (Entered: 06/29/2017)
3 NOTICE of Appearance by Michael Leon Drezner on behalf of All Defendants (Drezner, Michael) (Entered: 08/08/2017)
4 Consent MOTION for Extension of Time to Answer or Respond to the Complaint by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 08/08/2017)
MINUTE ORDER GRANTING 4 Motion for Extension of Time to File. The Court ORDERS that Defendant shall file any Answer/Response to the Complaint on or before August 23, 2017. Signed by Judge James E. Boasberg on 8/9/2017. (lcjeb3) (Entered: 08/09/2017)
Set/Reset Deadlines: Answer due by 8/23/2017. (nbn) (Entered: 08/10/2017)
5 ANSWER to Complaint by DEPARTMENT OF HOMELAND SECURITY.(Drezner, Michael) (Entered: 08/23/2017)
MINUTE ORDER: The Court ORDERS that the parties shall meet, confer, and submit a joint proposed briefing schedule by September 7, 2017. Signed by Judge James E. Boasberg on 8/24/2017. (lcjeb3) (Entered: 08/24/2017)
Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 9/7/2017 (lsj) (Entered: 08/24/2017)
6 Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Drezner, Michael) (Entered: 09/07/2017)
MINUTE ORDER: Per the parties' 6 Joint Status Report, the Court ORDERS that the parties shall submit a joint status report on or before October 7, 2017, updating the Court as to the status of the case, and shall submit a subsequent joint status report on or before November 6, 2017. Signed by Judge James E. Boasberg on 9/7/2017. (lcjeb2) (Entered: 09/07/2017)
7 Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Drezner, Michael) (Entered: 10/10/2017)
MINUTE ORDER: Pursuant to the parties' 7 Joint Status Report, the Court ORDERS that: 1) Defendant shall provide its first production on or before November 6, 2017; 2) Defendant shall provide its second production on or before December 7, 2017, if needed; 3) the parties shall file a Joint Status Report on or before November 6, 2017; and 4) the parties shall file additional Joint Status Reports every 60 days thereafter. So ORDERED by Judge James E. Boasberg on 10/11/2017. (lcjeb3) (Entered: 10/11/2017)
Set/Reset Deadlines: First production due by 11/6/2017. Second production due by 12/7/2017. Joint Status Report due by 11/6/2017. (nbn) (Entered: 10/11/2017)
8 Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Drezner, Michael) (Entered: 11/06/2017)
9 Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Drezner, Michael) (Entered: 01/05/2018)
MINUTE ORDER: Per the parties' 9 Joint Status Report, the Court ORDERS that they shall file a further Joint Status Report on or before February 2, 2018. So ORDERED by Judge James E. Boasberg on 1/5/2018. (lcjeb3) (Entered: 01/05/2018)
Set/Reset Deadlines: Joint Status Report due by 2/2/2018. (nbn) (Entered: 01/05/2018)
10 Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Drezner, Michael) (Entered: 02/01/2018)
MINUTE ORDER: Per the parties' suggestion, the Court ORDERS that they shall file a further Joint Status Report on or before April 13, 2018. So ORDERED by Judge James E. Boasberg on 2/1/2018. (lcjeb3) (Entered: 02/01/2018)
Set/Reset Deadlines: Joint Status Report due by 4/13/2018 (lsj) (Entered: 02/02/2018)

04/13/2018 04/13/2018
04/13/2018 06/15/2018
07/16/2018 08/17/2018 10/01/2018
10/01/2018 10/05/2018 10/05/2018 10/05/2018 10/19/2018 10/19/2018
10/19/2018 12/03/2018 12/03/2018

11 Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Drezner, Michael) (Entered: 04/13/2018)
MINUTE ORDER: Pursuant to the parties' 11 Joint Status Report, the Court ORDERS that: 1) Defendant shall file its Motion for Summary Judgment on or before June 15, 2018; 2) Plaintiffs shall file their Response on or before July 16, 2018; and 3) Defendant shall file its Reply on or before August 17, 2018. So ORDERED by Judge James E. Boasberg on 4/13/2018. (lcjeb3) (Entered: 04/13/2018)
Set/Reset Deadlines: Summary Judgment motions due by 6/15/2018. Response to Motion for Summary Judgment due by 7/16/2018. Reply to Motion for Summary Judgment due by 8/17/2018. (znbn) (Entered: 04/13/2018)
12 MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Viker Declaration, # 4 Viker Decl. Exhibit 1, # 5 Viker Decl. Exhibit 2, # 6 Viker Decl. Exhibit 3, # 7 Howard Declaration, # 8 Howard Decl. Ex. 1, # 9 Text of Proposed Order)(Drezner, Michael) (Entered: 06/15/2018)
13 Memorandum in opposition to re 12 MOTION for Summary Judgment filed by JAMES MADISON PROJECT, NOAH SHACHTMAN, BETSY WOODRUFF. (Attachments: # 1 Exhibit 1 − Moss Declaration, # 2 Statement of Facts Response, # 3 Text of Proposed Order)(Moss, Bradley) (Entered: 07/16/2018)
14 REPLY to opposition to motion re 12 MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY. (Drezner, Michael) (Entered: 08/17/2018)
MINUTE ORDER: The Court ORDERS that a conference call in Chambers is hereby set for Wednesday, October 3, 2018, at 9:30 a.m. to discuss the status of the narrowed dispute. The Court ORDERS that the parties shall dial into Chambers' toll−free conference−call number, (877) 402−9753, at this time (in Chambers). Chambers will contact the parties via email with the dial−in code. So ORDERED by Judge James E. Boasberg on 10/1/2018. (lcjeb3) (Entered: 10/01/2018)
Set/Reset Hearings: Telephone Conference set for 10/3/2018 at 09:30 AM in Chambers before Judge James E. Boasberg. (znbn) (Entered: 10/01/2018)
15 Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Drezner, Michael) (Entered: 10/05/2018)
MINUTE ORDER: The Court ADOPTS the parties' 15 Joint Status Report and ORDERS that they shall file a proposed production schedule on or before October 19, 2018. So ORDERED by Judge James E. Boasberg on 10/5/2018. (lcjeb2) (Entered: 10/05/2018)
Set/Reset Deadlines: Proposed Production Schedule due by 10/19/2018 (lsj) (Entered: 10/05/2018)
16 Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Drezner, Michael) (Entered: 10/19/2018)
MINUTE ORDER: Per the parties' 16 Joint Status Report, the Court ORDERS that: 1) Defendant shall provide rolling productions every 60 days of those I−407 forms which have been fully processed; 2) The parties shall submit a joint status report by December 3, 2018; and 3) The parties shall file additional joint status reports every 45 days thereafter. So ORDERED by Judge James E. Boasberg on 10/19/2018. (lcjeb3) (Entered: 10/19/2018)
Set/Reset Deadlines: Joint Status Report due by 12/3/2018. (znbn) (Entered: 10/19/2018)
17 Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Drezner, Michael) (Entered: 12/03/2018)
MINUTE ORDER: The Court ADOPTS the parties' 17 Joint Status Report and ORDERS that they shall file another joint status report on or before January 17, 2019. So ORDERED by Judge James E. Boasberg on 12/3/2018. (lcjeb3) (Entered: 12/03/2018)

12/03/2018 12/26/2018 12/26/2018 02/01/2019 02/01/2019
02/01/2019 02/04/2019
03/15/2019 03/18/2019
03/18/2019 04/19/2019 04/19/2019

Set/Reset Deadlines: Joint Status Report due by 1/17/2019. (znbn) (Entered: 12/06/2018)
18 Consent MOTION to Stay by DEPARTMENT OF HOMELAND SECURITY (Drezner, Michael) (Entered: 12/26/2018)
MINUTE ORDER GRANTING Consent 18 Motion to Stay. So ORDERED by Judge James E. Boasberg on 12/26/2018. (lcjeb1) (Entered: 12/26/2018)
19 Joint MOTION for Scheduling Order by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 02/01/2019)
MINUTE ORDER: The Court ORDERS that the Joint 19 Motion is GRANTED, and that the parties shall file a status report setting forth their progress on an agreement concerning attorney fees and costs and, if necessary, proposing a briefing schedule on this issue by March 15, 2019. So ORDERED by Judge James E. Boasberg on 2/1/2019. (lcjeb3) (Entered: 02/01/2019)
Set/Reset Deadlines: Proposed Briefing Schedule due by 3/15/2019. (znbn) (Entered: 02/01/2019)
MINUTE ORDER: Given the resolution of the underlying issues in the case, as explained in the parties' 19 Motion for Scheduling Order, the Court ORDERS that Defendant's 12 Motion for Summary Judgment is DENIED as moot. So ORDERED by Judge James E. Boasberg on 2/4/2019. (lcjeb3) (Entered: 02/04/2019)
20 Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Drezner, Michael) (Entered: 03/15/2019)
MINUTE ORDER: The Court ADOPTS the parties' 20 Joint Status Report and ORDERS that they shall file a joint status report updating the Court on the status of negotiations concerning attorney fees and costs on or before April 19, 2019. So ORDERED by Judge James E. Boasberg on 3/18/2019. (lcjeb3) (Entered: 03/18/2019)
Set/Reset Deadlines: Joint Status Report due by 4/19/2019. (znbn) (Entered: 03/18/2019)
21 STIPULATION of Dismissal by JAMES MADISON PROJECT, NOAH SHACHTMAN, BETSY WOODRUFF. (Moss, Bradley) (Entered: 04/19/2019)
MINUTE ORDER: Per Plaintiffs' 21 Stipulation, the Court ORDERS that the case is DISMISSED WITH PREJUDICE. So ORDERED by Judge James E. Boasberg on 4/19/2019. (lcjeb3) (Entered: 04/19/2019)

 
 Case 1:17-cv-01281-JEB Document 1 Filed 06/29/17 Page 1 of 8

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

THE JAMES MADISON PROJECT

*

1250 Connecticut Avenue, N.W.

*

Suite 200

*

Washington, D.C. 20036

*

*

and

*

*

NOAH SHACHTMAN

*

The Daily Beast

*

555 W. 18th Street

*

Fifth Floor

*

New York, NY 10011

*

*

and

* Civil Action No. 17-1281

*

BETSY WOODRUFF

*

The Daily Beast

*

555 W. 18th Street

*

Fifth Floor

*

New York, NY 10011

*

*

Plaintiffs,

*

*

v.

*

*

DEPARTMENT OF HOMELAND

*

SECURITY

*

STOP-0655

*

245 Murray Lane, SW

*

Washington, D.C. 20528-0655

*

*

Defendant.

*

*

* * * * * * * * * * * *

COMPLAINT

This is an action under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, et

seq., as amended, for the disclosure of agency records withheld from the plaintiffs

The James Madison Project, Noah Shachtman and Betsy Woodruff by the defendant

Case 1:17-cv-01281-JEB Document 1 Filed 06/29/17 Page 2 of 8
Department of Homeland Security (as well as its subordinate entities). JURISDICTION
1. This Court has both subject matter jurisdiction over this action and personal jurisdiction over the defendant pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1331.
VENUE 2. Venue is appropriate under 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1391.
PARTIES 3. Plaintiff The James Madison Project (“JMP”) is a non-partisan organization established in 1998 to promote government accountability and the reduction of secrecy, as well as educating the public on issues relating to intelligence and national security. 4. Plaintiff Noah Shachtman (“Shachtman”) currently serves as the Executive Editor of The Daily Beast, and is a representative of the news media. 5. Plaintiff Betsy Woodruff (“Woodruff”) currently serves as a politics reporter for The Daily Beast, focusing on immigration and federal law enforcement, and is a representative of the news media. 6. Defendant Department of Homeland Security (“DHS”) is an agency within the meaning of 5 U.S.C. § 552 (f), and is in possession and/or control of the records requested by the plaintiffs that are the subject of this action. DHS controls – and consequently serves as the proper party defendant for litigation purposes for – Customs and Border Protection (“CBP”), the Transportation Security Administration (“TSA”), and U.S. Customs and Immigration Services (“USCIS”).
2

Case 1:17-cv-01281-JEB Document 1 Filed 06/29/17 Page 3 of 8
FACTUAL BACKGROUND 7. This lawsuit is brought under the Freedom of Information Act (“FOIA”). It seeks to compel disclosure of U.S. Government records clarifying the extent to which U.S. permanent residents were coerced into surrendering their residency statuses during the chaos surrounding the implementation of the first “travel ban” issued by President Donald J. Trump (“President Trump”). 8. For context, President Trump issued an Executive Order on January 27, 2017, entitled “Protecting the Nation from Foreign Terrorist Entry into the United States”. https://www.nytimes.com/2017/01/27/us/politics/refugee-muslim-executive-ordertrump.html?mtrref=www.nytimes.com&gwh=B456165D1D10E39DE6FBC6134CD7796 3&gwt=pay (last accessed January 30, 2017). The Executive Order suspended the U.S. Government refugee program, indefinitely barred Syrian refugees, and temporarily barred entry into the United States foreign nationals from seven countries. https://www.nytimes. com/2017/01/29/us/trump-refugee-ban-muslim-executive-order.html?_r=0 (last accessed January 30, 2017). 9. In the aftermath of the issuance of the Executive Order, chaos erupted at U.S. airports on January 28, 2017, as hundreds of individuals were detained and prevented from entering the United States despite holding valid entry paperwork. By the evening of January 29, 2017, at least four different U.S. district court judges had issued emergency injunctions preventing the U.S. Government from deporting individuals who had been detained pursuant to the Executive Order. http://edition.cnn.com/2017/01/28/politics /donald-trump-executive-order-immigration-reaction/index.html (last accessed January 30, 2017).
3

Case 1:17-cv-01281-JEB Document 1 Filed 06/29/17 Page 4 of 8
10. Countless lawyers raced to the various U.S. airports to prove pro bono legal services to those who were impacted by the new entry restrictions. https://www. yahoo.com/news/trump-travel-ban-galvanizes-young-lawyers-action-023327562.html (last accessed January 30, 2017). Despite the issuance of the emergency stays by the different federal judges, reports emerged of CBP officials refusing to comply with the court orders. http://www.thedailybeast.com/articles /2017/01/29/trump-s-border-patroldefies-judge-u-s-senator-at-dulles-airport-at-his-first-constitutional-crisis-unfolds.html (last accessed January 31, 2017); http://www.huffingtonpost. com/entry/dulles-airportfeds-violated-court-order_us_588d7274e4b08a14f7e67bcf (last accessed January 31, 2017). On February 4, 2017, the Department of Homeland Security stated that it would stop enforcing the Executive Order. http://www.cnn.com/2017/02/03/politics /federal-judge-temporarily-halts-trump-travel-ban-nationwide-ag-says/ (last accessed March 2, 2017).
11. I-407 forms are entitled “Record of Abandonment of Lawful Permanent Resident Status”. https://www.uscis.gov/i-407 (last accessed March 2, 2017). Lawyers for some of the travelers implicated by Executive Order 13769 have claimed that their clients were pressured to sign the I-407 forms and surrender their residency status. http://www.scpr. org/news/2017/01/30/68577/lax-immigration-agents-asked-detainees-to-sign-awa/ (last accessed March 2, 2017).
COUNT ONE (CBP) 12. The plaintiffs, JMP, Shachtman, and Woodruff (hereinafter referred to collectively as “the Requesters”), repeat and reallege paragraphs 8 through 11 above, inclusive.
4

Case 1:17-cv-01281-JEB Document 1 Filed 06/29/17 Page 5 of 8
13. By letter dated March 3, 2017, the Requesters submitted to CBP a FOIA request. 14. The FOIA request specifically sought copies of records, including crossreferences, memorializing the following:
1) Instructions or guidelines – including verbal instructions memorialized in writing – provided to CBP officials with respect to agency practice for presenting I-407 forms to individuals impacted by Executive Order 13769;
2) Communications between CBP officials – including verbal communications memorializing in writing – mentioning I-407 forms between January 27, 2017, and February 5, 2017;
3) Any documentation tabulating or calculating the number of individuals who signed I-407 forms between January 27, 2017, and February 5, 2017;
4) Copies of the actual I-407 forms that were signed between January 27, 2017, and February 5, 2017.
15. In the FOIA request, the Requesters pre-emptively waived any objection to the redaction of the names of any U.S. Government officials below a GS-14 position or whom otherwise were not acting in a supervisory position. The Requesters similarly waived any objection to redactions of the names of any U.S. Government contractors in a position of authority similar to that of a GS-13 series civilian employee or below. In terms of all other third parties who work for the U.S. Government and whose names appear in records responsive to this request, the Requesters explained in detail that the privacy interests of those individuals have been diminished by virtue of their involvement in one or more of the U.S. Government functions described above as falling within the scope of the FOIA request. Relying upon the public interest aspect outlined regarding third party privacy interests, the Requesters stated that they were also seeking a waiver of fees or, at a minimum, a reduction in fees, as well as expedited processing.
16. CBP acknowledged receipt of the request and designated the request as 5

Case 1:17-cv-01281-JEB Document 1 Filed 06/29/17 Page 6 of 8
CBP-OC-2017-036095. 17. To date, no substantive response has been received by the Requesters from CBP.
The Requesters have constructively exhausted all required administrative remedies. 18. The Requesters have a legal right under the FOIA to obtain the information they
seek, and there is no basis for the denial by CBP of said right. COUNT TWO (TSA)
19. The Requesters, repeat and reallege paragraphs 8 through 11 above, inclusive. 20. By letter dated March 3, 2017, the Requesters submitted to TSA a FOIA request. 21. The Requesters repeat and re-allege paragraphs 14 and 15, as the language relied upon in the request to TSA is identical to that which was used in the request to CBP. 22. By letter dated March 16, 2017, TSA acknowledged receipt of the request and designated it as 2017-HQFO-00544. TSA indicated that expedited processing had been granted. 23. To date, no substantive response has been received by the Requesters from TSA. The Requesters have constructively exhausted all required administrative remedies. 24. The Requesters have a legal right under the FOIA to obtain the information they seek, and there is no basis for the denial by the TSA of said right.
COUNT THREE (USCIS) 25. The Requesters, repeat and reallege paragraphs 8 through 11 above, inclusive. 26. By letter dated March 3, 2017, the Requesters submitted to USCIS a FOIA request. 27. The Requesters repeat and re-allege paragraphs 14 and 15, as the language relied upon in the request to USCIS is identical to that which was used in the request to CBP.
6

Case 1:17-cv-01281-JEB Document 1 Filed 06/29/17 Page 7 of 8
28. By letter dated March 6, 2017, USCIS acknowledged receipt of the request and designated it as 2017-HQFO-00491. USCIS also stated that the fee waiver and expedited processing requests had been granted.
29. To date, no substantive response has been received by the Requesters from USCIS. The Requesters have constructively exhausted all required administrative remedies.
30. The Requesters have a legal right under the FOIA to obtain the information they seek, and there is no basis for the denial by USCIS of said right.
WHEREFORE, plaintiffs The James Madison Project, Noah Shachtman and Betsy Woodruff pray that this Court:
(1) Orders the defendant federal agencies to disclose the requested records in their entirety and make copies promptly available to the plaintiffs;
(2) Award reasonable costs and attorney’s fees as provided in 5 U.S.C. § 552(a)(4)(E) and/or 28 U.S.C. § 2412 (d);
(3) expedite this action in every way pursuant to 28 U.S.C. § 1657 (a); and (4) grant such other relief as the Court may deem just and proper.
7

Case 1:17-cv-01281-JEB Document 1 Filed 06/29/17 Page 8 of 8

Date: June 29, 2017

Respectfully submitted,
/s/ __________________________ Bradley P. Moss, Esq. D.C. Bar #975905 Mark S. Zaid, Esq. D.C. Bar #440532 Mark S. Zaid, P.C. 1250 Connecticut Avenue, N.W. Suite 200 Washington, D.C. 20036 (202) 454-2809 (202) 330-5610 fax Brad@MarkZaid.com Mark@MarkZaid.com
Attorneys for Plaintiffs

8

 
 Case 1:17-cv-01281-JEB Document 7 Filed 10/10/17 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

THE JAMES MADISON PROJECT, NOAH )

SHACHTMAN, and BETSY WOODRUFF, )

)

Plaintiffs,

)

)

v.

)

)

DEPARTMENT OF HOMELAND

)

SECURITY,

)

)

Defendant.

)

)

Civil Action No. 17-1281

JOINT STATUS REPORT

On September 7, 2017, the Court ordered the parties to submit a joint status report updating

the Court as to the status of the case. Pursuant to that Court Order, the Parties submit the instant

Joint Status Report as follows:

1. This action arises under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552,

and involves three largely identical FOIA requests submitted to the Transportation Security

Administration (“TSA”), U.S. Customs and Border Protection (“CBP”) and U.S. Citizenship and

Immigration Services (“USCIS”), respectively. The FOIA requests seek certain documentation

concerning I-407 forms, which permit the abandonment of lawful permanent resident status in the

United States.

2. By letter dated March 29, 2017, TSA responded to Plaintiffs that “[a] search was

conducted within the TSA and no records responsive to your request were located.”

3. At this time, for Plaintiffs’ requests #1 and #3, USCIS has located no responsive

documents. USCIS has also located no documents responsive to request #2, which seeks

“communications between USCIS officials . . . mentioning I-407 forms between January 27, 2017

1

Case 1:17-cv-01281-JEB Document 7 Filed 10/10/17 Page 2 of 3
and February 5, 2017,” though USCIS will conduct additional searches concerning this request. Concerning Plaintiffs’ request #4, which seeks “[c]opies of the actual I-407 forms that were signed between January 27, 2017, and February 5, 2017,” USCIS has determined that it will withhold all responsive documents in full, because, among other reasons, disclosure of these forms would constitute “a clearly unwarranted invasion of personal privacy.” 5 U.S.C. § 552(b)(6).
4. With regard to CBP, for Plaintiffs’ requests #1 and #4, CBP has located no responsive documents. Concerning Plaintiffs’ request #2, which seeks “communications between CBP officials . . . mentioning I-407 forms between January 27, 2017 and February 5, 2017,” and Plaintiffs’ request #3, which seeks “any documentation tabulating or calculating the number of individuals who signed I-407 forms between January 27, 2017 and February 5, 2017,” CBP’s search is ongoing. Thus far, CBP has located approximately 12 potentially responsive documents to request #2, and no documents responsive to request #3.
5. The parties propose the following production schedule: that CBP and USCIS provide their first production of non-exempt portions of responsive records on or before November 6, 2017. CBP and USCIS will make a second production of non-exempt portions of responsive records on December 7, 2017, if needed.
6. Pursuant to the Court’s Order of September 7, 2017, the parties will file a Joint Status Report on or before November 6, 2017, updating the Court as to the status of the case. The parties propose filing additional Joint Status Reports every 60 days thereafter.
2

Case 1:17-cv-01281-JEB Document 7 Filed 10/10/17 Page 3 of 3

Dated: October 10, 2017. Respectfully submitted,

CHAD A. READLER Acting Assistant Attorney General
JOHN R. GRIFFITHS Director, Federal Programs Branch
ELIZABETH J. SHAPIRO Deputy Director, Federal Programs Branch
/s/ Michael L. Drezner MICHAEL L. DREZNER (VA Bar No. 83836) Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue N.W. Room 7310 Washington, D.C. 20530 Tel: (202) 514-4505 Fax: (202) 616-8470 Email: Michael.L.Drezner@usdoj.gov

/s/ Bradley P. Moss Bradley P. Moss, Esq. D.C. Bar #975905
Mark S. Zaid, Esq. D.C. Bar #440532
Mark S. Zaid, P.C. 1250 Connecticut Avenue, N.W. Suite 200 Washington, D.C. 20036 (202) 454-2809 (202) 330-5610 fax
Brad@MarkZaid.com Mark@MarkZaid.com
Attorneys for the Plaintiffs

Attorney for Defendant

3

 
 Case 1:17-cv-01281-JEB Document 8 Filed 11/06/17 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

THE JAMES MADISON PROJECT, NOAH )

SHACHTMAN, and BETSY WOODRUFF, )

)

Plaintiffs,

)

)

v.

)

)

DEPARTMENT OF HOMELAND

)

SECURITY,

)

)

Defendant.

)

)

Civil Action No. 17-1281

JOINT STATUS REPORT

On October 11, 2017, the Court ordered the parties to submit a joint status report updating

the Court as to the status of the case. Pursuant to that Court Order, the Parties submit the instant

Joint Status Report as follows:

1. This action arises under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552,

and involves three largely identical FOIA requests submitted to the Transportation Security

Administration (“TSA”), U.S. Customs and Border Protection (“CBP”) and U.S. Citizenship and

Immigration Services (“USCIS”), respectively. The FOIA requests seek certain documentation

concerning I-407 forms, which permit the abandonment of lawful permanent resident status in the

United States.

2. On October 11, 2017, pursuant to the parties’ Joint Status Report of October 10,

2017, this Court ordered that Defendants U.S. Citizenship and Immigration Services (“USCIS”)

and U.S. Customs and Border Protection (“CBP”) provide their first production of non-exempt

portions of responsive records on or before November 6, 2017. The Court further ordered that

1

Case 1:17-cv-01281-JEB Document 8 Filed 11/06/17 Page 2 of 3 Defendants will make a second production of non-exempt portions of responsive records on December 7, 2017, if needed.
3. In accordance with this Court’s Order, on November 6, 2017 CBP provided Plaintiffs with a production of responsive, non-exempt documents, totaling 171 pages. On that same day, USCIS notified Plaintiffs that the agency had not yet located any records responsive to the instant request.
4. Both Defendants’ review processes remain ongoing, however. In accordance with this Court’s order, Defendants will produce to Plaintiffs those responsive, non-exempt records which have been fully processed on or before December 7, 2017. Defendants anticipate that they will complete their review and production processes on or before that date. However, the parties agree to meet and confer in the event that one or both of Defendants may require more time to complete their production process after December 7, 2017.
5. Pursuant to the Court’s Order of October 11, 2017, the parties will file further Joint Status Reports every 60 days, with the next such Joint Status Report to be filed on January 5, 2018.
2

Case 1:17-cv-01281-JEB Document 8 Filed 11/06/17 Page 3 of 3

Dated: November 6, 2017
CHAD A. READLER Acting Assistant Attorney General
JOHN R. GRIFFITHS Director, Federal Programs Branch
ELIZABETH J. SHAPIRO Deputy Director, Federal Programs Branch
/s/ Michael L. Drezner MICHAEL L. DREZNER (VA Bar No. 83836) Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue N.W. Room 7146 Washington, D.C. 20530 Tel: (202) 514-4505 Fax: (202) 616-8470 Email: Michael.L.Drezner@usdoj.gov
Attorney for Defendant

Respectfully submitted,
/s/ Bradley P. Moss Bradley P. Moss, Esq. D.C. Bar #975905
Mark S. Zaid, Esq. D.C. Bar #440532
Mark S. Zaid, P.C. 1250 Connecticut Avenue, N.W. Suite 200 Washington, D.C. 20036 (202) 454-2809 (202) 330-5610 fax
Brad@MarkZaid.com Mark@MarkZaid.com
Attorneys for the Plaintiffs

3

 
 Case 1:17-cv-01281-JEB Document 9 Filed 01/05/18 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

THE JAMES MADISON PROJECT, NOAH )

SHACHTMAN, and BETSY WOODRUFF, )

)

Plaintiffs,

)

)

v.

)

)

DEPARTMENT OF HOMELAND

)

SECURITY,

)

)

Defendant.

)

)

Civil Action No. 17-1281

JOINT STATUS REPORT

Pursuant to the Court’s Order of October 11, 2017, the Parties submit the instant Joint

Status Report as follows:

1. This action arises under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552,

and involves three largely identical FOIA requests submitted to the Transportation Security

Administration (“TSA”), U.S. Customs and Border Protection (“CBP”), and U.S. Citizenship and

Immigration Services (“USCIS”). The FOIA requests seek certain documentation concerning

I-407 forms, which permit the abandonment of lawful permanent resident status in the United

States.

2. Since the parties filed their previous Joint Status Report, CBP provided a further

production of responsive, non-exempt documents, totaling 59 pages. USCIS also provided a

production of responsive, non-exempt documents, totaling 4 pages.

3. When they made those productions, on December 7, 2017, both CBP and USCIS

informed Plaintiffs that their search and review process had been completed, such that the

December 7, 2017 release represented the final productions concerning Plaintiffs’ FOIA request.

1

Case 1:17-cv-01281-JEB Document 9 Filed 01/05/18 Page 2 of 2
4. The parties wish to meet and confer to discuss possible next steps in the case, including the potential need for a briefing schedule, or whether a resolution may be possible which would not require further involvement of the Court.
5. Accordingly, the parties respectfully request that they file a further Joint Status Report on or before February 2, 2018, which would serve to update the Court as to the status of the case, and set forth what next steps, such as a briefing schedule, may be required.

Dated: January 5, 2018
CHAD A. READLER Acting Assistant Attorney General
ELIZABETH J. SHAPIRO Deputy Director, Federal Programs Branch
/s/ Michael L. Drezner MICHAEL L. DREZNER (VA Bar No. 83836) Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue N.W. Room 7146 Washington, D.C. 20530 Tel: (202) 514-4505 Fax: (202) 616-8470 Email: Michael.L.Drezner@usdoj.gov
Attorney for Defendant

Respectfully submitted,
/s/ Bradley P. Moss Bradley P. Moss, Esq. D.C. Bar #975905
Mark S. Zaid, Esq. D.C. Bar #440532
Mark S. Zaid, P.C. 1250 Connecticut Avenue, N.W. Suite 200 Washington, D.C. 20036 (202) 454-2809 (202) 330-5610 fax
Brad@MarkZaid.com Mark@MarkZaid.com
Attorneys for the Plaintiffs

2

 
 Case 1:17-cv-01281-JEB Document 10 Filed 02/01/18 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

THE JAMES MADISON PROJECT, NOAH )

SHACHTMAN, and BETSY WOODRUFF, )

)

Plaintiffs,

)

)

v.

)

)

DEPARTMENT OF HOMELAND

)

SECURITY,

)

)

Defendant.

)

)

Civil Action No. 17-1281

JOINT STATUS REPORT

Pursuant to the Court’s Order of January 5, 2018, the Parties submit the instant Joint Status

Report as follows:

1. This action arises under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552,

and involves three largely identical FOIA requests submitted to the Transportation Security

Administration (“TSA”), U.S. Customs and Border Protection (“CBP”), and U.S. Citizenship and

Immigration Services (“USCIS”). The FOIA requests seek certain documentation concerning

I-407 forms, which permit the abandonment of lawful permanent resident status in the United

States.

2. On January 5, 2018 the parties submitted a Joint Status Report, explaining that

Defendants had completed their processing of Plaintiff’s FOIA request. The parties also

represented that they wished to meet and confer about possible next steps in the case.

3. Since that time the parties have conferred and agree that both sides would benefit

from additional time for discussions, before determining whether motions practice will be

1

Case 1:17-cv-01281-JEB Document 10 Filed 02/01/18 Page 2 of 2
necessary. Specifically, Defendants have agreed to provide Plaintiffs with draft search declarations, so that Plaintiffs can determine which issues, if any, will require motions practice.
4. Accordingly, the parties jointly propose that they file another Joint Status Report on or before April 13, 2018, when the parties anticipate that Plaintiffs will have reviewed the draft search declarations. This joint status report will serve to update the Court as to the status of the case, and set forth what next steps, such as a briefing schedule, may be required.

Dated: February 1, 2018
CHAD A. READLER Acting Assistant Attorney General
ELIZABETH J. SHAPIRO Deputy Director, Federal Programs Branch
/s/ Michael L. Drezner MICHAEL L. DREZNER (VA Bar No. 83836) Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue N.W. Room 7146 Washington, D.C. 20530 Tel: (202) 514-4505 Fax: (202) 616-8470 Email: Michael.L.Drezner@usdoj.gov
Attorney for Defendant

Respectfully submitted,
/s/ Bradley P. Moss Bradley P. Moss, Esq. D.C. Bar #975905
Mark S. Zaid, Esq. D.C. Bar #440532
Mark S. Zaid, P.C. 1250 Connecticut Avenue, N.W. Suite 200 Washington, D.C. 20036 (202) 454-2809 (202) 330-5610 fax
Brad@MarkZaid.com Mark@MarkZaid.com
Attorneys for the Plaintiffs

2

 
 Case 1:17-cv-01281-JEB Document 11 Filed 04/13/18 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

THE JAMES MADISON PROJECT, NOAH )

SHACHTMAN, and BETSY WOODRUFF, )

)

Plaintiffs,

)

)

v.

)

)

DEPARTMENT OF HOMELAND

)

SECURITY,

)

)

Defendant.

)

)

Civil Action No. 17-1281

JOINT STATUS REPORT

Pursuant to the Court’s Order of February 1, 2018, the Parties submit the instant Joint

Status Report as follows:

1. This action arises under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552,

and involves three largely identical FOIA requests submitted to the Transportation Security

Administration (“TSA”), U.S. Customs and Border Protection (“CBP”), and U.S. Citizenship and

Immigration Services (“USCIS”). The FOIA requests seek certain documentation concerning

I-407 forms, which permit the abandonment of lawful permanent resident status in the United

States.

2. On February 1, 2018 the parties submitted a Joint Status Report, explaining that

Defendant had completed its processing of Plaintiffs’ FOIA request, and the parties had conferred

concerning next steps in the case. Specifically, Defendant agreed to provide Plaintiffs with draft

search declarations, so that Plaintiffs could determine which issues, if any, will require motions

practice.

1

Case 1:17-cv-01281-JEB Document 11 Filed 04/13/18 Page 2 of 3

3. Since that time, Defendant has provided Plaintiffs with draft search declarations from TSA, CBP and USCIS, respectively. Plaintiffs have reviewed the draft declarations and concur that TSA has met its obligations under the FOIA, such that Plaintiffs will drop any further challenge concerning TSA. In addition, Plaintiffs will not assert any further challenge to the sufficiency of CBP’s or USCIS’s searches.
4. However, Plaintiffs do intend to challenge certain denials and redactions made by CBP and USCIS in responding to Plaintiffs’ request. The parties agree that these issues are ripe for summary judgment.
5. Accordingly, the parties jointly request that the Court enter the following briefing schedule:
a. On or before June 15, 2018 - Defendant files its Motion for Summary Judgment b. On or before July 16, 2018- Plaintiffs file their Response c. On or before August 17, 2018- Defendant files its Reply

Dated: April 13, 2018

Respectfully submitted,
CHAD A. READLER Acting Assistant Attorney General
ELIZABETH J. SHAPIRO Deputy Director, Federal Programs Branch
/s/ Michael L. Drezner MICHAEL L. DREZNER (VA Bar No. 83836) Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue N.W. Room 7146 Washington, D.C. 20530 Tel: (202) 514-4505
2

Case 1:17-cv-01281-JEB Document 11 Filed 04/13/18 Page 3 of 3
Fax: (202) 616-8470 Email: Michael.L.Drezner@usdoj.gov Attorney for Defendant /s/ Bradley P. Moss Bradley P. Moss, Esq. D.C. Bar #975905 Mark S. Zaid, Esq. D.C. Bar #440532 Mark S. Zaid, P.C. 1250 Connecticut Avenue, N.W. Suite 200 Washington, D.C. 20036 (202) 454-2809 (202) 330-5610 fax Brad@MarkZaid.com Mark@MarkZaid.com Attorneys for the Plaintiffs
3

 
 Case 1:17-cv-01281-JEB Document 15 Filed 10/05/18 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

THE JAMES MADISON PROJECT, NOAH )

SHACHTMAN, and BETSY WOODRUFF, )

)

Plaintiffs,

)

)

v.

)

)

DEPARTMENT OF HOMELAND

)

SECURITY,

)

)

Defendant.

)

)

Civil Action No. 17-1281

JOINT STATUS REPORT

The parties submit the instant Joint Status Report as follows:

1. Following the conference call with the Court on October 3, 2018, the parties have

reached agreement concerning the response of Defendant U.S. Citizenship and Immigration

Services (“USCIS”) to Plaintiffs’ instant FOIA request.

2. Specifically, Defendant agrees to conduct a search for and process the I-407 forms

for the dates specified in Plaintiffs’ FOIA request. USCIS will redact all fields within the I-407

forms, except fields 6 and 10 (country of citizenship/nationality, and reasons for abandoning lawful

status). USCIS will review the content of fields 6 and 10 and will agree to only redact information

therein which would tend to identify the signatory, such as name, telephone number, address, and

other personally identifiable information.

3. In the interest of amicably resolving the litigation, the parties have agreed that, in

return for USCIS’s efforts outlined above, Plaintiffs will not raise any further challenges to

USCIS’s FOIA response in this matter.

1

Case 1:17-cv-01281-JEB Document 15 Filed 10/05/18 Page 2 of 3

4. Because USCIS is only beginning the search process now, the agency does not yet know how long the processing and production effort will take. Accordingly, the parties have agreed to meet and confer to propose a production schedule to the court.
5. The parties respectfully suggest that the Court order the parties to propose a production schedule on or before October 19.

Dated: October 5, 2018

Respectfully submitted,
JOSEPH H. HUNT Assistant Attorney General
ELIZABETH J. SHAPIRO Deputy Director, Federal Programs Branch
/s/ Michael L. Drezner MICHAEL L. DREZNER (VA Bar No. 83836) Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue N.W. Room 7146 Washington, D.C. 20530 Tel: (202) 514-4505 Fax: (202) 616-8470 Email: Michael.L.Drezner@usdoj.gov
Attorney for Defendant
/s/ Bradley P. Moss Bradley P. Moss, Esq. D.C. Bar #975905
Mark S. Zaid, Esq. D.C. Bar #440532 Mark S. Zaid, P.C. 1250 Connecticut Avenue, N.W. Suite 200 Washington, D.C. 20036 (202) 454-2809
2

Case 1:17-cv-01281-JEB Document 15 Filed 10/05/18 Page 3 of 3 (202) 330-5610 fax Brad@MarkZaid.com Mark@MarkZaid.com Attorneys for the Plaintiffs
3

 
 Case 1:17-cv-01281-JEB Document 18 Filed 12/26/18 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

THE JAMES MADISON PROJECT, NOAH SHACHTMAN, and BETSY WOODRUFF,
Plaintiffs,
v.
DEPARTMENT OF HOMELAND SECURITY,
Defendant.

)

)

)

)

)

)

Civil Action No. 17-1281

)

)

)

)

)

)

MOTION FOR A STAY OF PRODUCTION SCHEDULE IN LIGHT OF LAPSE OF APPROPRIATIONS

The United States of America hereby moves for a stay of all deadlines in the abovecaptioned case.
1. At the end of the day on December 21, 2018, the appropriations act that had been funding the Department of Justice expired and appropriations to the Department lapsed. The same is true for several other Executive agencies, including the federal Defendant. The Department does not know when funding will be restored by Congress.
2. Absent an appropriation, Department of Justice attorneys and employees of the federal Defendant are prohibited from working, even on a voluntary basis, except in very limited circumstances, including “emergencies involving the safety of human life or the protection of property.” 31 U.S.C. § 1342.
3. Undersigned counsel for the Department of Justice therefore requests a stay of the all deadlines in this case until Congress has restored appropriations to the Department.
4. If this motion for a stay is granted, undersigned counsel will notify the Court as soon as Congress has appropriated funds for the Department. The Government requests that, at

1

Case 1:17-cv-01281-JEB Document 18 Filed 12/26/18 Page 2 of 2
that point, all current deadlines for the parties be extended commensurate with the duration of the lapse in appropriations.
5. Opposing counsel has authorized counsel for the Government to state that they have no objection to this motion.
Therefore, although we greatly regret any disruption caused to the Court and the other litigants, the Government hereby moves for a stay of the briefing schedule in this case until Department of Justice attorneys are permitted to resume their usual civil litigation functions.

Dated: December 26, 2018

Respectfully submitted,
JOSEPH H. HUNT Assistant Attorney General
ELIZABETH J. SHAPIRO Deputy Branch Director
/s/ Michael Drezner Michael Drezner Trial Attorney (Virginia Bar No. 83836) United States Department of Justice Civil Division, Federal Programs Branch Tel.: (202) 514-4505 Fax: (202) 616-8470 Email: Michael.L.Drezner@usdoj.gov

2

 
 Case 1:17-cv-01281-JEB Document 19 Filed 02/01/19 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

THE JAMES MADISON PROJECT, NOAH )

SHACHTMAN, and BETSY WOODRUFF, )

)

Plaintiffs,

)

)

v.

)

)

DEPARTMENT OF HOMELAND

)

SECURITY,

)

)

Defendant.

)

)

Civil Action No. 17-1281

JOINT MOTION TO ENTER SCHEDULING ORDER

On December 26, 2018, this Court granted Defendant’s motion for a stay of the abovecaptioned case commensurate with the duration of the lapse of appropriations for the Department of Justice. As of January 25, 2019, after a 35-day lapse, funding was restored for the Department of Justice through February 15, 2019, and the Department has now resumed its usual civil litigation functions. Accordingly, the parties hereby provide an update to the Court concerning the status of this case, and respectfully request the entry of a scheduling order as set forth below.
On December 18, 2018, in accordance with this Court’s production schedule of October 19, 2018, and as set forth in the parties’ agreement, see ECF No. 17, Defendant completed its production efforts in this matter. Plaintiffs state that they will not raise any further substantive challenges in this case, and the parties agree that the sole remaining issue is a determination as to possible attorney costs and fees.
The parties respectfully request that the Court enter a scheduling order whereby the parties may attempt to reach agreement concerning attorney costs and fees by March 1, 2019. If

1

Case 1:17-cv-01281-JEB Document 19 Filed 02/01/19 Page 2 of 2

the parties are unable to reach agreement, the parties would propose a briefing schedule on this issue on or before March 15, 2019.

Dated: February 1, 2019

Respectfully submitted,
JOSEPH H. HUNT Assistant Attorney General
ELIZABETH J. SHAPIRO Deputy Branch Director
/s/ Michael Drezner Michael Drezner Trial Attorney (Virginia Bar No. 83836) United States Department of Justice Civil Division, Federal Programs Branch Tel.: (202) 514-4505 Fax: (202) 616-8470 Email: Michael.L.Drezner@usdoj.gov
Attorney for Defendant
/s/ Bradley P. Moss Bradley P. Moss, Esq. D.C. Bar #975905 Mark S. Zaid, Esq. D.C. Bar #440532 Mark S. Zaid, P.C. 1250 Connecticut Avenue, N.W. Suite 700 Washington, D.C. 20036 (202) 454-2809 (202) 330-5610 fax Brad@MarkZaid.com Mark@MarkZaid.com
Attorneys for Plaintiffs

2

Case 1:17-cv-01281-JEB Document 19-1 Filed 02/01/19 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

THE JAMES MADISON PROJECT, NOAH )

SHACHTMAN, and BETSY WOODRUFF, )

)

Plaintiffs,

)

)

v.

)

)

DEPARTMENT OF HOMELAND

)

SECURITY,

)

)

Defendant.

)

)

Civil Action No. 17-1281

[PROPOSED] ORDER

Upon consideration of the Joint Motion to Enter Scheduling Order, it is hereby: ORDERED that the Joint Motion is GRANTED, and it is further ORDERED that the parties may attempt to reach agreement concerning attorney fees and costs by March 1, 2019. If the parties are unable to reach agreement, the parties will propose a briefing schedule on this issue on or before March 15, 2019. SO ORDERED.
_________________________________ UNITED STATES DISTRICT JUDGE

 
 Case 1:17-cv-01281-JEB Document 20 Filed 03/15/19 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

THE JAMES MADISON PROJECT, NOAH )

SHACHTMAN, and BETSY WOODRUFF, )

)

Plaintiffs,

)

)

v.

)

)

DEPARTMENT OF HOMELAND

)

SECURITY,

)

)

Defendant.

)

)

Civil Action No. 17-1281

JOINT STATUS REPORT

In accordance with this Court’s Order of February 1, 2019, Plaintiffs, the James Madison

Project, Noah Shachtman, and Betsy Woodruff (collectively, “Plaintiffs”), and Defendant U.S.

Department of Homeland Security respectfully file the instant Joint Status Report as follows:

1. On February 1, 2019, this Court granted the parties’ Joint Motion to Enter

Scheduling Order. Specifically, this Court ordered that the parties file a “status report setting forth

their progress on an agreement concerning attorney fees and costs . . . by March 15, 2019.”

2. Since that time, the parties have conferred via email concerning a potential joint

resolution on the issue of attorney fees and costs. The parties anticipate that they will be able to

reach a final agreement on this issue.

3. However, Defendants require additional time to obtain final approval as to an award

of attorney fees and costs.

4. Accordingly, the parties respectfully request an extension of time in which to reach

a final agreement on the issue of attorney fees and costs in this matter. The parties propose that

they be permitted to seek a joint resolution of this issue until April 19, 2019.

1

Case 1:17-cv-01281-JEB Document 20 Filed 03/15/19 Page 2 of 2

5. The parties propose that they file a further status report on April 19, 2019, updating the Court as to the status of negotiations, and if necessary, including a briefing schedule on this issue.

Dated: March 15, 2019

Respectfully submitted,
JOSEPH H. HUNT Assistant Attorney General
ELIZABETH J. SHAPIRO Deputy Branch Director
/s/ Michael Drezner Michael Drezner Trial Attorney (Virginia Bar No. 83836) United States Department of Justice Civil Division, Federal Programs Branch Tel.: (202) 514-4505 Fax: (202) 616-8470 Email: Michael.L.Drezner@usdoj.gov
Attorney for Defendant

/s/ Bradley P. Moss Bradley P. Moss, Esq. D.C. Bar #975905 Mark S. Zaid, Esq. D.C. Bar #440532 Mark S. Zaid, P.C. 1250 Connecticut Avenue, N.W. Suite 700 Washington, D.C. 20036 (202) 454-2809 (202) 330-5610 fax Brad@MarkZaid.com Mark@MarkZaid.com
Attorneys for Plaintiffs

2