Skip to content

Case Detail

[Subscribe to updates]
Case TitlePanjiva, Inc. et al v. United States Customs and Border Protection et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv08269
Date Filed2017-10-26
Date ClosedOpen
JudgeJudge J. Paul Oetken
PlaintiffPanjiva, Inc. a New York corporation
PlaintiffTrade Data Services, Inc. doing business as, ImportGenius, an Arizona corporation
Case DescriptionPanjiva, Inc., a company working to make global trade more efficient and transparent, submitted a FOIA request to U.S. Customs and Border Protection for aircraft manifests for inbound shipments from January - July 2014, which are required to be made public under 19 U.S.C. Section 1431(c). The agency denied the request because Panjiva had not provided third party authorization to receive the records. Panjiva filed an administrative appeal, which was denied. Panjiva then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantUNITED STATES CUSTOMS AND BORDER PROTECTIO
1300 Pennsylvania Ave. NW
Washington, DC 20229
DefendantUnited States Customs and Border Protection
DefendantUnited States Department of Treasury
DefendantUnited States Department of Treasury
1500 Pennsylvania Avenue, NW
Washington, DC 20260-0010
Documents
Docket
Complaint
Opinion/Order [36]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-10-261COMPLAINT against UNITED STATES CUSTOMS AND BORDER PROTECTIO, United States Department of Treasury. (Filing Fee $ 400.00, Receipt Number 0208-14291245)Document filed by PANJIVA, INC, TRADE DATA SERVICES, INC..(Bahr, David) (Entered: 10/26/2017)
2017-10-262MOTION for David A. Bahr to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14291314. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PANJIVA, INC, TRADE DATA SERVICES, INC.. (Attachments: # 1 Certificate of Good Standing, # 2 Affidavit Declaration of David Bahr in support of PHV motion, # 3 Text of Proposed Order Proposed Order)(Bahr, David) (Entered: 10/26/2017)
2017-10-263FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES CUSTOMS AND BORDER PROTECTIO, re: 1 Complaint. Document filed by PANJIVA, INC, TRADE DATA SERVICES, INC.. (Bahr, David) Modified on 10/27/2017 (kl). (Entered: 10/26/2017)
2017-10-264FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES DEPARTMENT OF TREASURY, re: 1 Complaint. Document filed by PANJIVA, INC, TRADE DATA SERVICES, INC.. (Bahr, David) Modified on 10/27/2017 (kl). (Entered: 10/26/2017)
2017-10-265CIVIL COVER SHEET filed. (Bahr, David) (Entered: 10/26/2017)
2017-10-266RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Battery Ventures VIII, L. L.P. for PANJIVA, INC. Document filed by PANJIVA, INC.(Bahr, David) (Entered: 10/26/2017)
2017-10-267RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by TRADE DATA SERVICES, INC..(Bahr, David) (Entered: 10/26/2017)
2017-10-26>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 2 MOTION for David A. Bahr to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14291314. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 10/26/2017)
2017-10-268MOTION for Sharon Yamit Yamen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14292849. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by TRADE DATA SERVICES, INC.. (Attachments: # 1 Affidavit Declaration, # 2 Exhibit NY Cert of Good Standing, # 3 Exhibit Utah Cert of Good Standing, # 4 Text of Proposed Order)(Yamen, Sharon) (Entered: 10/26/2017)
2017-10-27>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 8 MOTION for Sharon Yamit Yamen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14292849. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 10/27/2017)
2017-10-27CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (kl) (Entered: 10/27/2017)
2017-10-27Magistrate Judge Henry B. Pitman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (kl) (Entered: 10/27/2017)
2017-10-27Case Designated ECF. (kl) (Entered: 10/27/2017)
2017-10-27***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Alan Bahr to RE-FILE Document No. 4 Request for Issuance of Summons, 3 Request for Issuance of Summons. The filing is deficient for the following reason(s): PLEASE FILL OUT THE ATTORNEY ADDRESS/INFORMATION FIELD ON THE SUMMONS REQUEST. ALSO, THE PARTY NAMES MUST MATCH EXACLTY AS THEY APPEAR ON THE INITIAL PLEADING. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (kl) (Entered: 10/27/2017)
2017-10-279FILING ERROR - DEFICIENT SUMMONS REQUEST - PARTIALLY BLANK FORM ERROR REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Customs and Border Protection, re: 1 Complaint. Document filed by Panjiva, Inc., Trade Data Services, Inc.. (Bahr, David) Modified on 10/30/2017 (kl). (Entered: 10/27/2017)
2017-10-2710REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Treasury, re: 1 Complaint. Document filed by Panjiva, Inc., Trade Data Services, Inc.. (Bahr, David) (Entered: 10/27/2017)
2017-10-3011ELECTRONIC SUMMONS ISSUED as to United States Department of Treasury. (kl) (Entered: 10/30/2017)
2017-10-30***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Alan Bahr to RE-FILE Document No. 9 Request for Issuance of Summons. The filing is deficient for the following reason(s): PLEASE FILL OUT THE ATTORNEY ADDRESS/INFORMATION FIELD ON THE SUMMONS REQUEST. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (kl) (Entered: 10/30/2017)
2017-10-3012REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Customs and Border Protection, re: 1 Complaint. Document filed by Panjiva, Inc., Trade Data Services, Inc.. (Bahr, David) (Entered: 10/30/2017)
2017-10-3013ELECTRONIC SUMMONS ISSUED as to United States Customs and Border Protection. (sj) (Entered: 10/31/2017)
2017-10-3114ELECTRONIC SUMMONS ISSUED as to United States Customs and Border Protection. (kl) (Entered: 10/31/2017)
2017-11-0915ORDER granting 2 Motion to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 11/09/2017)
2017-11-0916ORDER granting 8 Motion to Appear Pro Hac Vice. GRANTED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 11/09/2017)
2017-12-0717AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint served. United States Customs and Border Protection served on 11/13/2017, answer due 12/13/2017. Service was made by mail. Document filed by Panjiva, Inc.; Trade Data Services, Inc.. (Bahr, David) (Entered: 12/07/2017)
2017-12-0718AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint served. United States Department of Treasury served on 11/13/2017, answer due 12/13/2017. Service was made by mail. Document filed by Panjiva, Inc.; Trade Data Services, Inc.. (Bahr, David) (Entered: 12/07/2017)
2017-12-1119LETTER MOTION for Extension of Time to File Answer addressed to Judge J. Paul Oetken from Stephen Cha-Kim dated 12/11/2017. Document filed by United States Customs and Border Protection, United States Department of Treasury.(Cha-Kim, Stephen) (Entered: 12/11/2017)
2017-12-1220ORDER granting 19 Letter Motion for Extension of Time to Answer. GRANTED. DEFENDANTS SHALL ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT ON OR BEFORE JANUARY 12, 2018. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 12/12/2017)
2018-01-1221MOTION to Dismiss the Complaint in Part . Document filed by United States Customs and Border Protection, United States Department of Treasury.(Cha-Kim, Stephen) (Entered: 01/12/2018)
2018-01-1222MEMORANDUM OF LAW in Support re: 21 MOTION to Dismiss the Complaint in Part . . Document filed by United States Customs and Border Protection, United States Department of Treasury. (Cha-Kim, Stephen) (Entered: 01/12/2018)
2018-01-1223ANSWER to 1 Complaint. Document filed by United States Customs and Border Protection.(Cha-Kim, Stephen) (Entered: 01/12/2018)
2018-01-1624ORDER: Counsel for all parties are directed to appear for an initial pretrial conference with the Court on January 31, 2018, at 11:00 a.m. The conference will be held in Courtroom 706 of the Thurgood Marshall United States Court House, 40 Foley Square, New York, New York. Counsel who appear at the pretrial conference must be authorized to negotiate terms of settlement. And as set forth herein. SO ORDERED. Initial Conference set for 1/31/2018 at 11:00 AM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 1/16/2018) (ama) (Entered: 01/16/2018)
2018-01-2325CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 22 Memorandum of Law in Support of Motion, 21 MOTION to Dismiss the Complaint in Part . addressed to Judge J. Paul Oetken from David Bahr dated January 23, 2018. Document filed by Panjiva, Inc., Trade Data Services, Inc..(Bahr, David) (Entered: 01/23/2018)
2018-01-24***DELETED DOCUMENT. Deleted document number 26 Order. As per chambers, the document was incorrectly filed in this case. (tn) (Entered: 01/24/2018)
2018-01-2426ORDER granting 25 Letter Motion for Extension of Time to File Response/Reply. GRANTED. PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS SHALL BE FILED BY MARCH 5, 2018. DEFENDANT'S REPLY, IF ANY, SHALL BE FILED BY MARCH 19, 2018. PLAINTIFF'S COUNSEL SHALL BE PERMITTED TO PARTICIPATE IN THE INITIAL PRETRIAL CONFERENCE ON JANUARY 31, 2018, BY TELEPHONE. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 01/24/2018)
2018-01-26NOTICE: THE INITIAL PRETRIAL CONFERENCE SCHEDULED FOR JANUARY 31, 2018, WILL BE CONDUCTED BY TELEPHONE. THE PARTIES ARE DIRECTED TO JOINTLY CALL CHAMBERS AT 212-805-0266 ON JANUARY 31, 2018, AT 11:00 A.M. (bh) (Entered: 01/26/2018)
2018-01-2627LETTER addressed to Judge J. Paul Oetken from Stephen Cha-Kim dated 1/26/2018 re: Initial Conference. Document filed by United States Customs and Border Protection, United States Department of Treasury. (Attachments: # 1 Text of Proposed Order Case Management Plan)(Cha-Kim, Stephen) (Entered: 01/26/2018)
2018-01-31Minute Entry for proceedings held before Judge J. Paul Oetken: Telephonic Initial Pretrial Conference held on 1/31/2018. (bh) (Entered: 01/31/2018)
2018-02-2528CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 22 Memorandum of Law in Support of Motion, 21 MOTION to Dismiss the Complaint in Part . addressed to Judge J. Paul Oetken from David Bahr dated February 25, 2018. Document filed by Panjiva, Inc., Trade Data Services, Inc..(Bahr, David) (Entered: 02/25/2018)
2018-02-2629ORDER granting 28 Letter Motion for Extension of Time to File Response/Reply. GRANTED. PLAINTIFFS SHALL FILE THEIR OPPOSITION TO DEFENDANTS' MOTION TO DISMISS (DKT. NO. 21) ON OR BEFORE MARCH 19, 2018. DEFENDANTS' REPLY SHALL BE DUE ON OR BEFORE APRIL 2, 2018. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 02/26/2018)
2018-03-1430FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Panjiva, Inc., Trade Data Services, Inc..(Bahr, David) Modified on 3/15/2018 (lb). (Entered: 03/14/2018)
2018-03-15***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney David Alan Bahr to RE-FILE Document 30 Rule 7.1 Corporate Disclosure. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. Statement. (lb) (Entered: 03/15/2018)
2018-03-1531AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent S&P Global Market Intelligence Inc. for Panjiva, Inc.. Document filed by Panjiva, Inc..(Bahr, David) (Entered: 03/15/2018)
2018-03-1632CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 22 Memorandum of Law in Support of Motion, 21 MOTION to Dismiss the Complaint in Part . addressed to Judge J. Paul Oetken from David Bahr dated 03/16/18. Document filed by Panjiva, Inc., Trade Data Services, Inc..(Bahr, David) (Entered: 03/16/2018)
2018-03-1933ORDER granting 32 Letter Motion for Extension of Time to File Response/Reply. GRANTED. PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO DISMISS SHALL BE DUE ON OR BEFORE MARCH 21, 2018. DEFENDANTS' REPLY SHALL BE DUE ON OR BEFORE APRIL 4, 2018. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 03/19/2018)
2018-03-2134MEMORANDUM OF LAW in Opposition re: 21 MOTION to Dismiss the Complaint in Part . . Document filed by Panjiva, Inc., Trade Data Services, Inc.. (Bahr, David) (Entered: 03/21/2018)
2018-04-0335REPLY MEMORANDUM OF LAW in Support re: 21 MOTION to Dismiss the Complaint in Part . . Document filed by United States Customs and Border Protection, United States Department of Treasury. (Cha-Kim, Stephen) (Entered: 04/03/2018)
2018-09-2436OPINION AND ORDER: re: 21 MOTION to Dismiss the Complaint in Part filed by United States Department of Treasury, United States Customs and Border Protection. For the foregoing reasons, Defendants' motion to dismiss is GRANTED. Counts VI, VII, and VIII of the Complaint are hereby DISMISSED. Count V is DISMISSED IN PART. The Clerk of Court is directed to close the motion at Docket Number 21. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/24/2018) (ama) (Entered: 09/24/2018)
2018-10-0237ORDER: On September 24, 2018, the Court granted Defendants' motion to dismiss the counts in the Complaint that arose under the Administrative Procedure Act, 5 U.S.C. § 701 et seq., and the Tariff Act of 1930, 19 U.S.C. § 1431(c). (Dkt. No. 36.) The remaining claims in this case arise under the Freedom of Information Act, 5 U.S.C. § 552 et seq. ("FOIA"). The parties are hereby ORDERED to submit a joint letter, no later than two weeks from the date of this order and not to exceed two pages, indicating whether there is any need for discovery or a status conference in this case. If there is no such need, the parties should include in their letter a proposed briefing schedule for any motions for summary judgment. SO ORDERED. (Signed by Judge J. Paul Oetken on 10/1/2018) (rro) (Entered: 10/02/2018)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar