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Case TitleAMERICAN-ARAB ANTI-DISCRIMINATION COMMITTEE v. U.S. CUSTOMS AND BORDER PROTECTION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00708
Date Filed2017-04-18
Date ClosedOpen
JudgeJudge Christopher R. Cooper
PlaintiffAMERICAN-ARAB ANTI-DISCRIMINATION COMMITTEE
Case DescriptionThe American-Arab Anti-Discrimination Committee submitted FOIA requests to U.S. Customs and Border Protection for records concerning policies related to Global Entry revocations, suspensions, terminations, and confirmations. The Anti-Discrimination Committee also requested expedited processing. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, the Anti-Discrimination Committee filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantU.S. CUSTOMS AND BORDER PROTECTION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-04-181COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4918937), CIVIL COVER SHEET by AMERICAN-ARAB ANTI-DISCRIMINATION COMMITTEE, REQUEST FOR SUMMONS TO ISSUE filed by AMERICAN-ARAB ANTI-DISCRIMINATION COMMITTEE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney's Office - Civil Process Clerk, # 3 Summons DHS Office of General Counsel, # 4 Summons U.S. Attorney General)(Free, R.) (Entered: 04/18/2017)
2017-04-182NOTICE of Filing - Exhibits to Complaint by AMERICAN-ARAB ANTI-DISCRIMINATION COMMITTEE re 1 Complaint,, Cover Sheet,, Request for Summons to Issue, (Attachments: # 1 Exhibit A - March 8, 2017 FOIA Request, # 2 Exhibit B - CBP Web Portal Printout, # 3 Exhibit C - March 9, 2017 FOIA Modification, # 4 Exhibit D - CBP Web Portal Printout)(Free, R.) (Entered: 04/18/2017)
2017-04-18ENTERED IN ERROR.....Case Assigned to Judge Tanya S. Chutkan. (sth) Modified on 4/19/2017 based on incorrect Deck. (sth). (Entered: 04/19/2017)
2017-04-18Case Reassigned to Judge Christopher R. Cooper. (sth) (Entered: 04/19/2017)
2017-04-193SUMMONS (3) Issued Electronically as to U.S. CUSTOMS AND BORDER PROTECTION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth) (Entered: 04/19/2017)
2017-06-024NOTICE of Appearance by Chetan A. Patil on behalf of U.S. CUSTOMS AND BORDER PROTECTION (Patil, Chetan) (Entered: 06/02/2017)
2017-06-025MOTION for Extension of Time to File Answer by U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Text of Proposed Order)(Patil, Chetan) (Entered: 06/02/2017)
2017-06-05MINUTE ORDER granting 5 Defendant's Motion for Extension of Time to Answer. It is hereby ORDERED that Defendant shall file its response to Plaintiff's complaint on or by July 3, 2017. Signed by Judge Christopher R. Cooper on 6/5/2017. (lccrc2) (Entered: 06/05/2017)
2017-06-05Set/Reset Deadlines: Response due by 7/3/2017. (nbn) (Entered: 06/06/2017)
2017-07-036ANSWER to Complaint by U.S. CUSTOMS AND BORDER PROTECTION.(Patil, Chetan) (Entered: 07/03/2017)
2017-07-05MINUTE ORDER: Before the Court in this FOIA case are a 1 complaint and 6 answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure by July 20, 2017. Signed by Judge Christopher R. Cooper on 7/5/2017. (lccrc2) (Entered: 07/05/2017)
2017-07-06Set/Reset Deadlines: Proposed Briefing Schedule due by 7/20/2017 (lsj) (Entered: 07/06/2017)
2017-07-207NOTICE of Appearance by Kari E. D'Ottavio on behalf of U.S. CUSTOMS AND BORDER PROTECTION (D'Ottavio, Kari) (Entered: 07/20/2017)
2017-07-208Joint STATUS REPORT and Proposed Schedule for Disclosure by AMERICAN-ARAB ANTI-DISCRIMINATION COMMITTEE. (Free, R.) (Entered: 07/20/2017)
2017-07-25MINUTE ORDER: In light of 8 parties' Joint Status Report, it is hereby ORDERED that Defendant shall make its first production of responsive documents to Plaintiff on or around August 15, 2017. It is further ORDERED that the parties shall file a joint status report on or by August 31, 2017, including a proposed briefing schedule if necessary. Signed by Judge Christopher R. Cooper on 7/25/2017. (lccrc2) (Entered: 07/25/2017)
2017-07-25Set/Reset Deadlines: Joint Status Report due by 8/31/2017 (hs) (Entered: 07/25/2017)
2017-07-25Set/Reset Deadlines : Defendant to produce first responsive documents to Plaintiff by 8/15/17. (kk) (Entered: 07/25/2017)
2017-08-319Joint STATUS REPORT by AMERICAN-ARAB ANTI-DISCRIMINATION COMMITTEE. (Free, R.) (Entered: 08/31/2017)
2017-09-05MINUTE ORDER: In light of 9 the parties' Joint Status Report, it is ORDERED that the parties file a further status report by October 31, 2017, or, if agreement on any remaining issues cannot be reached, a briefing schedule. Signed by Judge Christopher R. Cooper on 9/5/2017. (lccrc2) (Entered: 09/05/2017)
2017-09-05Set/Reset Deadlines: Joint Status Report due by 10/31/2017. (znbn) (Entered: 09/06/2017)
2017-10-3110PROPOSED BRIEFING SCHEDULE (Submitted by Plaintiff only) by AMERICAN-ARAB ANTI-DISCRIMINATION COMMITTEE. (Attachments: # 1 Text of Proposed Order)(Free, R.) (Entered: 10/31/2017)
2017-10-3111STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (D'Ottavio, Kari) (Entered: 10/31/2017)
2017-11-01MINUTE ORDER: In light of 10 Plaintiff's proposed briefing schedule and 11 Defendant's status report, the Court declines to set a briefing schedule until Defendant's search and production is complete. The Court will not be able to evaluate the effectiveness of Defendant's search until it has completed that search. See Simon v. U.S. Department of Justice, No. 16-cv-671, 2017 WL 1495915 (D.D.C. April 26, 2017). It is therefore ORDERED that Defendant is to complete its search and to review and produce all remaining non-exempt responsive documents to Plaintiff by December 15, 2017. It is further ORDERED that the following briefing schedule will then apply if necessary: Defendant's motion for summary judgment shall be due January 15, 2018; Plaintiff's combined opposition and cross-motion for summary judgment shall be due by February 15, 2018; Defendant's combined reply and opposition shall be due by March 15, 2018; and Plaintiff's reply shall be due by March 29, 2018. Signed by Judge Christopher R. Cooper on 11/1/2017. (lccrc2) Modified on 11/1/2017 to change from 2017 to 2018 (znbn). (Entered: 11/01/2017)
2017-11-01Set/Reset Deadlines: Defendant is to complete its search and to review and produce all remaining non-exempt responsive documents to Plaintiff by 12/15/2017. Summary Judgment motions due by 1/15/2018. Response to Motion for Summary Judgment due by 2/15/2018. Reply to Motion for Summary Judgment due by 3/15/2018. Replies due by 3/29/2018. (nbn) (Entered: 11/01/2017)
2017-12-1412MOTION for Extension of Time to Produce Remaining Responsive Records by U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Text of Proposed Order)(D'Ottavio, Kari) (Entered: 12/14/2017)
2017-12-1413RESPONSE re 12 MOTION for Extension of Time to Produce Remaining Responsive Records filed by AMERICAN-ARAB ANTI-DISCRIMINATION COMMITTEE. (Free, R.) (Entered: 12/14/2017)
2017-12-15MINUTE ORDER granting 12 Defendant's Motion for Extension of Time. It is hereby ORDERED that Defendant shall produce all remaining non-exempt responsive records to Plaintiff by January 5, 2018. It is further ORDERED that the following briefing schedule will then apply, if necessary: Defendant's motion for summary judgment shall be due by February 5, 2018; Plaintiff's combined opposition and cross-motion for summary judgment shall be due by March 8, 2018; Defendant's combined reply and opposition shall be due by April 5, 2018; and Plaintiff's reply shall be due by April 19, 2018. Signed by Judge Christopher R. Cooper on 12/15/2017. (lccrc2) (Entered: 12/15/2017)
2017-12-15Set/Reset Deadlines: Remaining non-exempt responsive records to Plaintiff due by 1/5/2018. Summary Judgment motions due by 3/8/2018. Response to Motion for Summary Judgment due by 4/5/2018. Reply to Motion for Summary Judgment due by 4/19/2018. Plaintiff's Replies due by 4/19/2018. (lsj) (Entered: 12/15/2017)
2018-02-0214Unopposed MOTION for Extension of Time to Commence Cross-Summary Judgment Briefing by U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Text of Proposed Order)(D'Ottavio, Kari) (Entered: 02/02/2018)
2018-02-05MINUTE ORDER granting 14 Defendant's Motion for Extension of Time. The following briefing schedule shall now apply: Defendant's motion for summary judgment shall be due by February 19, 2018; Plaintiff's combined opposition and cross-motion for summary judgment shall be due by March 22, 2018; Defendant's combined opposition and reply shall be due by April 19, 2018; and Plaintiff's reply shall be due by May 3, 2018. Signed by Judge Christopher R. Cooper on 2/5/2018. (lccrc2) (Entered: 02/05/2018)
2018-02-06Set/Reset Deadlines: Response to Motion for Summary Judgment due by 3/22/2018. Reply to Motion for Summary Judgment due by 4/19/2018. Plaintiff's Replies due by 5/3/2018. (lsj) (Entered: 02/06/2018)
2018-02-1915STRICKEN PURSUAN TO MINUTE ORDER MOTION OF 5/11/18. . . . . for Summary Judgment by U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(D'Ottavio, Kari) Modified on 5/14/2018 (td). (Entered: 02/19/2018)
2018-03-2216Unopposed MOTION to Stay Briefing Deadlines by AMERICAN-ARAB ANTI-DISCRIMINATION COMMITTEE (Attachments: # 1 Text of Proposed Order)(Free, R.) (Entered: 03/22/2018)
2018-03-23MINUTE ORDER granting 16 Plaintiff's Motion to Stay. The briefing schedule will be stayed for thirty days to allow the parties to pursue discussions to narrow, if not eliminate, the issues in this case. The current schedule will resume upon expiration of the stay. Signed by Judge Christopher R. Cooper on 3/23/2018. (lccrc2) (Entered: 03/23/2018)
2018-04-2617Unopposed MOTION to Stay Briefing Schedules an Additional 30 Days by AMERICAN-ARAB ANTI-DISCRIMINATION COMMITTEE (Attachments: # 1 Text of Proposed Order Extending Stay)(Free, R.) (Entered: 04/26/2018)
2018-04-27MINUTE ORDER: The parties are directed to appear for a telephonic conference on May 1, 2018 at 11:00 AM. Signed by Judge Christopher R. Cooper on 4/27/2018. (lccrc2) (Entered: 04/27/2018)
2018-04-27Set/Reset Hearings: Telephone Conference set for 5/1/2018 at 11:00 AM in Chambers before Judge Christopher R. Cooper. (lsj) (Entered: 04/27/2018)
2018-04-30MINUTE ORDER: In consideration of a scheduling conflict, the Telephone Conference set for 5/1/2018 is hereby vacated and reset for 5/3/2018 at 2:00 PM in Courtroom 27A before Judge Christopher R. Cooper. Signed by Judge Christopher R. Cooper on 4/30/18. (lsj) (Entered: 04/30/2018)
2018-05-03MINUTE ORDER: As discussed during today's telephonic conference, the parties are directed to meet and confer regarding a further search of CPB's vetting office for potentially responsive records and to submit a joint status report by May 10, 2018 notifying the Court whether the agency has agreed to conduct any further search of that office and, if so, the scope and anticipated duration of the search. The parties are also encouraged to attempt to resolve the five specific withholdings plaintiff indicated it intended to challenge and to report on that issue in the joint status report as well. Signed by Judge Christopher R. Cooper on 5/2/2018. (lccrc2) (Entered: 05/03/2018)
2018-05-04Set/Reset Deadlines: Status Report due by 5/10/2018 (lsj) (Entered: 05/04/2018)
2018-05-1118Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (D'Ottavio, Kari) (Entered: 05/11/2018)
2018-05-11MINUTE ORDER: In light of 18 the parties' joint status report, the Court will strike 15 Defendant's pending motion for summary judgment, subject to re-filing if necessary once the additional search and production are completed. The parties are directed to file a status report updating the Court on the status of the additional search and production by July 11, 2018. Signed by Judge Christopher R. Cooper on 5/11/2018. (lccrc2) (Entered: 05/11/2018)
2018-05-11Set/Reset Deadlines: Status Report due by 7/11/2018 (lsj) (Entered: 05/11/2018)
2018-07-1119Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (D'Ottavio, Kari) (Entered: 07/11/2018)
2018-07-13MINUTE ORDER: In light of 19 the parties' joint status report, the parties shall file a further joint status report by August 10, 2018 updating the Court on the status of production and proposing a further schedule for production and, if necessary, briefing. Signed by Judge Christopher R. Cooper on 7/13/2018. (lccrc2) (Entered: 07/13/2018)
2018-07-13Set/Reset Deadlines: Joint Status Report due by 8/10/2018 (lsj) (Entered: 07/13/2018)
2018-08-1020Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (D'Ottavio, Kari) (Entered: 08/10/2018)
2018-08-13MINUTE ORDER: In light of 20 the parties' joint status report, the parties are directed to file a further joint status report by September 7, 2018 updating the Court on the status of production and proposing a further schedule for production or briefing as necessary. Signed by Judge Christopher R. Cooper on 8/13/2018. (lccrc2) (Entered: 08/13/2018)
2018-08-13Set/Reset Deadlines: Joint Status Report due by 9/7/2018 (zlsj) (Entered: 08/13/2018)
2018-09-0721Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (D'Ottavio, Kari) (Entered: 09/07/2018)
2018-09-10MINUTE ORDER: In light of the parties' 21 September 7, 2018 joint status report, the parties shall file a joint status report on or before October 9, 2018, updating the Court on the status of production and proposing a briefing schedule if necessary. Signed by Judge Christopher R. Cooper on 9/10/2018. (lccrc2) (Entered: 09/10/2018)
2018-09-10Set/Reset Deadlines: Joint Status Report due by 10/9/2018. (znbn) (Entered: 09/10/2018)
2018-10-0922NOTICE of Change of Address by Kari E. D'Ottavio (D'Ottavio, Kari) (Entered: 10/09/2018)
2018-10-0923NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. CUSTOMS AND BORDER PROTECTION. Attorney Chetan A. Patil terminated. (Patil, Chetan) (Entered: 10/09/2018)
2018-10-0924Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (D'Ottavio, Kari) (Entered: 10/09/2018)
2018-10-10MINUTE ORDER: In light of the parties' 24 joint status report, the following briefing schedule shall apply: Defendant's motion for summary judgment shall be due November 8, 2018; Plaintiff's combined opposition and cross-motion for summary judgment shall be due December 10, 2018; Defendant's combined reply and opposition shall be due January 9, 2019; and Plaintiff's reply shall be due January 23, 2019. Signed by Judge Christopher R. Cooper on 10/10/2018. (lccrc2) (Entered: 10/10/2018)
2018-10-10Set/Reset Deadlines: Summary Judgment motions due by 11/8/2018. Response to Motion for Summary Judgment due by 12/10/2018. Reply to Motion for Summary Judgment due by 1/9/2019. Replies due by 1/23/2019. (znbn) (Entered: 10/11/2018)
2018-11-0825MOTION for Summary Judgment by U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(D'Ottavio, Kari) (Entered: 11/08/2018)
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