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Case TitleREPORTERS COMMITTEE FOR FREEDOM OF THE PRESS v. UNITED STATES CUSTOMS AND BORDER PROTECTION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00155
Date Filed2018-01-24
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffREPORTERS COMMITTEE FOR FREEDOM OF THE PRESS
Case DescriptionThe Reporters Committee for Freedom of the Press submitted a FOIA request to U.S. Customs and Border Protection for records concerning the agency's demand that Twitter release information identifying the persons using the Twitter account @ALT_uscis. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the Reporters Committee filed an administrative appeal. The agency told the Reporters Committee that since no adverse action had been taken, its appeal was being closed. The agency subsequently told the Reporters Committee that it had located responsive records. But after hearing nothing further from the agency, the Reporters Committee filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES CUSTOMS AND BORDER PROTECTION
DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-01-241COMPLAINT against ALL DEFENDANTS, et al ( Filing fee $ 400 receipt number 0090-5301039) filed by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Civil Cover Sheet, # 12 Summons Customs and Border Protection, # 13 Summons Department of Homeland Security, # 14 Summons U.S. Attorney General, # 15 Summons U.S. Attorney)(Townsend, KatieLynn) (Entered: 01/24/2018)
2018-01-24Case Assigned to Judge Trevor N. McFadden. (md) (Entered: 01/26/2018)
2018-01-262STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 1/26/2018. (lctnm3) (Entered: 01/26/2018)
2018-01-263SUMMONS (4) Issued Electronically as to UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (md) (Entered: 01/26/2018)
2018-02-024RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/2/2018. Answer due for ALL FEDERAL DEFENDANTS by 3/4/2018. (Townsend, KatieLynn) (Entered: 02/02/2018)
2018-02-025RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/2/18. (Townsend, KatieLynn) (Entered: 02/02/2018)
2018-02-026RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CUSTOMS AND BORDER PROTECTION served on 2/1/2018 (Townsend, KatieLynn) (Entered: 02/02/2018)
2018-02-027RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 2/1/2018 (Townsend, KatieLynn) (Entered: 02/02/2018)
2018-02-058NOTICE of Appearance by Jennifer Anne Nelson on behalf of REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Nelson, Jennifer) (Entered: 02/05/2018)
2018-02-269NOTICE of Appearance by Rhonda Lisa Campbell on behalf of UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Campbell, Rhonda) (Entered: 02/26/2018)
2018-03-0210Consent MOTION for Extension of Time to File Answer re 1 Complaint,, by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Campbell, Rhonda) (Entered: 03/02/2018)
2018-03-05MINUTE ORDER regarding the Defendants' 10 Consent Motion for Extension of Time. The Defendants shall now file their answer on or before March 19, 2018. It is FURTHER ORDERED that the parties shall appear for a Status Conference on March 22, 2018, at 10:00 a.m. in Courtroom 2 before Judge Trevor N. McFadden. Signed by Judge Trevor N. McFadden on 3/5/2018. (lctnm2) (Entered: 03/05/2018)
2018-03-05Set/Reset Deadlines/Hearings: Defendants' answer to the complaint due by 3/19/2018. A Status Conference is scheduled for 3/22/2018, at 10:00 AM in Courtroom 2, before Judge Trevor N. McFadden. (hmc) (Entered: 03/05/2018)
2018-03-1911ANSWER to 1 Complaint by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Campbell, Rhonda) Modified to add link on 3/20/2018 (znmw). (Entered: 03/19/2018)
2018-03-20MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. In light of the upcoming status conference on March 22, 2018, it is hereby ORDERED that the parties shall confer in advance of the status conference, and be prepared to discuss a schedule for proceeding in this matter. The parties shall be prepared to address, to the extent possible, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/20/2018. (lctnm2) (Entered: 03/20/2018)
2018-03-22Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 3/22/2018. Order forthcoming. (Court Reporter Patricia Kaneshiro-Miller.) (hmc) (Entered: 03/22/2018)
2018-03-22MINUTE ORDER. Upon further reflection, based on the record and for good cause shown, the Court hereby VACATES and modifies its oral order regarding production as follows: The Defendant shall review at least 500 pages of potentially responsive material per month, and produce responsive records to the Plaintiff by the end of every month. The first production shall be made on or before April 30, 2018. The parties are FURTHER ORDERED to submit a joint status report on or before May 4, 2018, and on or before the 5th day of every month thereafter. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/22/2018. (lctnm2) (Entered: 03/22/2018)
2018-03-22Set/Reset Deadlines: Defendants' first production due by 4/30/2018. Joint Status Report due by 5/4/2018, and every month thereafter. (hmc) (Entered: 03/22/2018)
2018-05-0412STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Campbell, Rhonda) Modified text on 5/7/2018 (td). (Entered: 05/04/2018)
2018-05-0413STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Attachments: # 1 Exhibit A)(Townsend, KatieLynn) Modified text on 5/7/2018 (td). (Entered: 05/04/2018)
2018-06-0514Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 06/05/2018)
2018-06-0815Unopposed MOTION to Consolidate Cases by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Attachments: # 1 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 06/08/2018)
2018-06-12MINUTE ORDER granting Plaintiff's unopposed 5 Motion to Consolidate. It is hereby ORDERED that Case No. 18-cv-00155 and Case No. 18-cv-01289 are hereby consolidated. The Clerk's Office shall close No. 18-cv-01289 and transfer those parties to No. 18-cv-00155 if necessary; all filings shall be made only in No. 18-cv-00155 and parties shall NOT elect to spread text when filing on ECF, as this will result in repetitive docketing. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/12/2018. (lctnm2, ) (Entered: 06/12/2018)
2018-06-12Cases consolidated. Cases 08-155 and 18-1289 have been consolidated pursuant to Minute Order entered 6/12/18. All filings shall be made only in the LEAD CASE No. 18-cv-00155 and parties shall NOT elect to spread text when filing on ECF, as this will result in repetitive docketing. (ztd) (Entered: 06/18/2018) (ztd) (Entered: 06/18/2018)
2018-07-0516Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 07/05/2018)
2018-07-09MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, the Court hereby ORDERS the parties to appear for a status conference on August 8, 2018, at 10:00 a.m. in Courtroom 2 before Judge Trevor N. McFadden. The parties shall continue to file Joint Status Reports as previously ordered, including the next report due on August 6, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/9/2018. (lctnm2) (Entered: 07/09/2018)
2018-07-09Set/Reset Deadlines/Hearings: Joint Status Report due by 8/6/2018. Status Conference scheduled for 8/8/2018, at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 07/09/2018)
2018-07-0917Consent MOTION to Continue Status Conference Scheduled for August 8, 2018 by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Townsend, KatieLynn) (Entered: 07/09/2018)
2018-07-10MINUTE ORDER granting the Plaintiff's 17 Consent Motion to Continue. The status conference previously set for August 8, 2018, is hereby rescheduled for August 27, 2018, at 10:00 a.m. in Courtroom 2, before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/10/2018. (lctnm2) (Entered: 07/10/2018)
2018-07-10Set/Reset Hearings: Status Conference rescheduled for 8/27/2018, at 10:00 AM in Courtroom 2, before Judge Trevor N. McFadden. (hmc) (Entered: 07/10/2018)
2018-08-0618Unopposed MOTION for Leave to File Answer in Case No. 18-1289 by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Answer in Case No. 18-1289)(Campbell, Rhonda) (Entered: 08/06/2018)
2018-08-0619Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 08/06/2018)
2018-08-06MINUTE ORDER granting Defendant's 18 Unopposed Motion for Leave to File Answer. The Court will accept ECF No. [18-1] as the Answer in Civil Case No. 18-1289. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/6/2018. (lctnm2) (Entered: 08/06/2018)
2018-08-0620ANSWER to Complaint by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.as the Answer in Civil Case No. 18-1289(zrdj) (Entered: 08/07/2018)
2018-08-27Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 8/27/2018. As stated on the record, the Court will excuse the Defendants' departure from the page review requirements for this month. (Court Reporter: Crystal Pilgrim.) (hmc) (Entered: 08/27/2018)
2018-09-0521Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 09/05/2018)
2018-10-0522Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 10/05/2018)
2018-10-0523NOTICE of Change of Address by KatieLynn Boyd Townsend (Townsend, KatieLynn) (Entered: 10/05/2018)
2018-11-0524Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 11/05/2018)
2018-11-2725MOTION to Bifurcate Summary Judgment Briefing by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 11/27/2018)
2018-12-0326Memorandum in opposition to re 25 MOTION to Bifurcate Summary Judgment Briefing filed by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Campbell, Rhonda) (Entered: 12/03/2018)
2018-12-0527Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 12/05/2018)
2018-12-0728ORDER denying 25 Motion to Bifurcate. See attached order for further detail. Signed by Judge Trevor N. McFadden on 12/7/2018. (lctnm2) (Entered: 12/07/2018)
2019-01-0229Consent MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/02/2019)
2019-01-04MINUTE ORDER granting 29 Motion to Stay. Upon considering the Defendant's 29 Motion to Stay, it is hereby ordered that this matter shall be stayed until Congress has restored appropriations to the Federal Defendants. The Defendants will notify the Court immediately upon resumption of appropriations. It is further ordered that this order shall apply nunc pro tunc to extend the Defendants' December 2018 production obligation. Signed by Judge Trevor N. McFadden on 1/4/2019. Associated Cases: 1:18-cv-00155-TNM, 1:18-cv-01289-TNM (lctnm2) (Entered: 01/04/2019)
2019-01-3030NOTICE of Restored Funding by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Campbell, Rhonda) (Entered: 01/30/2019)
2019-01-30MINUTE ORDER. Upon considering the Defendant's 30 Notice of Restored Government Funding, it is hereby ordered that the stay in this case is lifted. It is further ordered that the production schedule imposed by the Court's March 22, 2018 Minute Order is reimposed. On or before February 5, 2019, the parties shall meet and confer, and submit a Joint Status Report. Signed by Judge Trevor N. McFadden on 01/30/2019. (lctnm2) (Entered: 01/30/2019)
2019-01-30Set/Reset Deadlines: Joint Status Report due by 2/5/2019. (hmc) (Entered: 01/30/2019)
2019-02-0531Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 02/05/2019)
2019-03-0532Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 03/05/2019)
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