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Case TitleEDDINGTON v. U.S. CUSTOMS AND BORDER PROTECTION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01185
Date Filed2018-05-21
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffPATRICK EDDINGTON
Case DescriptionPatrick Eddington, an analyst at the Cato Institute, submitted a FOIA request to U.S. Customs and Border Protection for records concerning confrontations with persons at internal CBP immigration checkpoints where the confrontation lasted more than 15 minutes or CBP agents forcibly removed an individual from a vehicle. One year later, the agency told Eddington that it found no records responsive to the first part of his request and that the second part of his request was too broad to search. Eddington filed an administrative appeal, but after hearing nothing further from the agency, Eddington filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. IMMIGRATION & CUSTOMS ENFORCEMENT
TERMINATED: 05/21/2018
DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantU.S. CUSTOMS AND BORDER PROTECTION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-05-211COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION ( Filing fee $ 400 receipt number 0090-5491747) filed by PATRICK EDDINGTON. (Attachments: # 1 Summons, # 2 Summons, # 3 Exhibit, # 4 Summons, # 5 Summons, # 6 Civil Cover Sheet)(Burday, Joshua) (Attachment 6 replaced on 5/22/2018) (zmd). (Entered: 05/21/2018)
2018-05-212NOTICE OF CORRECTED COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION filed by PATRICK EDDINGTON. (Attachments: # 1 Exhibit)(Burday, Joshua) (Entered: 05/21/2018)
2018-05-213NOTICE OF CORRECTED COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION filed by PATRICK EDDINGTON. (Attachments: # 1 Summons, # 2 Exhibit, # 3 Civil Cover Sheet)(Burday, Joshua) (Attachment 3 replaced on 5/22/2018) (zmd). (Entered: 05/21/2018)
2018-05-21Case Assigned to Judge Timothy J. Kelly. (zmd) (Entered: 05/22/2018)
2018-05-244SUMMONS (4) Issued Electronically as to U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 05/24/2018)
2018-06-135RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/6/2018. (Burday, Joshua) (Entered: 06/13/2018)
2018-06-136RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/6/2018. Answer due for ALL FEDERAL DEFENDANTS by 7/6/2018. (Burday, Joshua) (Entered: 06/13/2018)
2018-06-137RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 6/6/2018 (Burday, Joshua) (Entered: 06/13/2018)
2018-06-138RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 6/5/2018 (Burday, Joshua) (Entered: 06/13/2018)
2018-07-029ANSWER to 3 Amended Complaint, by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY.(Hendry, Melanie) (Entered: 07/02/2018)
2018-07-03MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by July 20, 2018. Signed by Judge Timothy J. Kelly on 7/3/2018. (lctjk1) (Entered: 07/03/2018)
2018-07-2010Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Hendry, Melanie) (Entered: 07/20/2018)
2018-07-20MINUTE ORDER: In light of the parties' 10 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by September 20, 2018. Signed by Judge Timothy J. Kelly on 7/20/2018. (lctjk1) (Entered: 07/20/2018)
2018-07-23Set/Reset Deadlines: Joint Status Report due by 9/20/2018. (kh) (Entered: 07/23/2018)
2018-09-2011Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Hendry, Melanie) (Entered: 09/20/2018)
2018-10-11MINUTE ORDER: In light of the parties' 11 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by December 7, 2018. Signed by Judge Timothy J. Kelly on 10/11/2018. (lctjk1) (Entered: 10/11/2018)
2018-12-0712Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Hendry, Melanie) (Entered: 12/07/2018)
2018-12-10MINUTE ORDER: In light of the parties' 12 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by February 7, 2019. Signed by Judge Timothy J. Kelly on 12/10/2018. (lctjk1) (Entered: 12/10/2018)
2019-02-0713Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Hendry, Melanie) (Entered: 02/07/2019)
2019-02-07MINUTE ORDER: In light of the parties' 13 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by March 7, 2019. Signed by Judge Timothy J. Kelly on 2/7/2019. (lctjk1) (Entered: 02/07/2019)
2019-03-0714Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Graham-Oliver, Heather) (Entered: 03/07/2019)
2019-03-18MINUTE ORDER: In light of the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by April 8, 2019. Signed by Judge Timothy J. Kelly on 3/18/2019. (lctjk1) (Entered: 03/18/2019)
2019-04-0815Joint STATUS REPORT by PATRICK EDDINGTON. (Burday, Joshua) (Entered: 04/08/2019)
2019-04-08MINUTE ORDER: In light of the parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by May 8, 2019. Signed by Judge Timothy J. Kelly on 4/8/2019. (lctjk1) (Entered: 04/08/2019)
2019-05-0816Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Hendry, Melanie) (Entered: 05/08/2019)
2019-05-08MINUTE ORDER: In light of the parties' 16 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by June 18, 2019. Signed by Judge Timothy J. Kelly on 5/8/2019. (lctjk1) (Entered: 05/08/2019)
2019-06-1817Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Hendry, Melanie) (Entered: 06/18/2019)
2019-06-19MINUTE ORDER: In light of the parties' 17 Joint Status Report, it is hereby ORDERED that Defendant shall file its Motion for Summary Judgment by August 2, 2019, Plaintiff shall file his Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment by September 6, 2019, Defendant shall file its Opposition to Plaintiff's Cross-Motion and Reply in Support of its Motion by October 4, 2019, and Plaintiff shall file his Reply in Support of his Cross-Motion by October 18, 2019. Signed by Judge Timothy J. Kelly on 6/19/2019. (lctjk1) (Entered: 06/19/2019)
2019-07-3018Consent MOTION for Extension of Time to File Summary Judgment Motion by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY (Hendry, Melanie) (Entered: 07/30/2019)
2019-08-01MINUTE ORDER granting Defendants' 18 Motion for Extension of Time. It is hereby ORDERED that Defendants shall file their Motion for Summary Judgment by September 4, 2019, Plaintiff shall file his Opposition to Defendants' Motion for Summary Judgment and Cross-Motion for Summary Judgment by October 4, 2019, Defendants shall file their Opposition to Plaintiff's Cross-Motion and Reply in Support of their Motion by November 4, 2019, and Plaintiff shall file his Reply in Support of his Cross-Motion by November 18, 2019. Signed by Judge Timothy J. Kelly on 8/1/2019. (lctjk1) (Entered: 08/01/2019)
2019-08-0619NOTICE of Appearance by Merrick Jason Wayne on behalf of PATRICK EDDINGTON (Wayne, Merrick) (Entered: 08/06/2019)
2019-08-0720NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT Substituting for attorney Melanie Hendry (Moustakas, John) (Entered: 08/07/2019)
2019-09-0321Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Moustakas, John) (Entered: 09/03/2019)
2019-09-03MINUTE ORDER granting Defendants' 21 Second Consent Motion for Extension of Time. It is hereby ORDERED that Defendants shall file their Motion for Summary Judgment by November 4, 2019, Plaintiff shall file his Opposition to Defendants' Motion for Summary Judgment and Cross-Motion for Summary Judgment by December 4, 2019, Defendants shall file their Opposition to Plaintiff's Cross-Motion and Reply in Support of their Motion by January 6, 2020, and Plaintiff shall file his Reply in Support of his Cross-Motion by January 20, 2020. The Court does not anticipate granting any further extensions in this matter absent a showing of extraordinary circumstances. Signed by Judge Timothy J. Kelly on 9/3/2019. (lctjk1) (Entered: 09/03/2019)
2019-11-0422MOTION for Extension of Time to File Motion for Summary Judgment by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Moustakas, John) (Entered: 11/04/2019)
2020-01-0623MOTION for Extension of Time to File Motion for Summary Judgment by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Moustakas, John) (Entered: 01/06/2020)
2020-01-07MINUTE ORDER treating as opposed and granting Defendants' 23 Motion for Extension of Time. It is hereby ORDERED that Defendants shall file their Motion for Summary Judgment by January 13, 2020; Plaintiff shall file his Opposition to Defendants' Motion for Summary Judgment and Cross-Motion for Summary Judgment by February 13, 2020; Defendants shall file their Opposition to Plaintiff's Cross-Motion and Reply in Support of their Motion by March 13, 2020; and Plaintiff shall file his Reply in Support of his Cross-Motion by March 27, 2020. The Court expects Defendants to meet each of these deadlines and will not grant additional extensions absent extraordinary and unforeseeable circumstances. It is further ORDERED that Defendants' 22 Motion for Extension of Time is DENIED AS MOOT. Signed by Judge Timothy J. Kelly on 1/7/2020. (lctjk1) (Entered: 01/07/2020)
2020-01-1324Consent MOTION to Stay by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Moustakas, John) (Entered: 01/13/2020)
2020-01-14MINUTE ORDER granting Defendants' 24 Consent Motion to Stay. It is hereby ORDERED that the summary judgment briefing schedule in this case is STAYED until March 13, 2020. It is further ORDERED that the parties shall file a joint status report by that date. Signed by Judge Timothy J. Kelly on 1/14/2020. (lctjk1) (Entered: 01/14/2020)
2020-03-1325Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Moustakas, John) (Entered: 03/13/2020)
2020-03-15MINUTE ORDER: In light of the parties 25 Joint Status Report, it is hereby ORDERED that that the summary judgment briefing schedule in this case is STAYED until further order of the Court. It is further ORDERED that the parties shall file joint status report by April 17, 2020, and every thirty days thereafter, until the Court orders otherwise. Signed by Judge Timothy J. Kelly on 3/15/2020. (lctjk1) (Entered: 03/15/2020)
2020-04-1726Joint STATUS REPORT by PATRICK EDDINGTON. (Burday, Joshua) (Entered: 04/17/2020)
2020-04-18MINUTE ORDER: In light of the parties 26 Joint Status Report, it is hereby ORDERED that the parties shall file joint status report by June 16, 2020, and every sixty days thereafter, until the Court orders otherwise. Signed by Judge Timothy J. Kelly on 4/17/2020. (lctjk1) (Entered: 04/18/2020)
2020-06-1627Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Moustakas, John) (Entered: 06/16/2020)
2020-06-17MINUTE ORDER: In light of the parties' 27 Joint Status Report, it is hereby ORDERED that the parties shall file joint status report by September 15, 2020. Signed by Judge Timothy J. Kelly on 6/17/2020. (lctjk1) (Entered: 06/17/2020)
2020-09-1028NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez on behalf of U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT Substituting for attorney John Moustakas (Gonzalez, Brenda) (Entered: 09/10/2020)
2020-09-1529Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Gonzalez, Brenda) (Entered: 09/15/2020)
2020-09-16MINUTE ORDER: In light of the parties' 29 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by November 16, 2020, and every sixty days thereafter, until the Court orders otherwise. Signed by Judge Timothy J. Kelly on 9/16/2020. (lctjk1) (Entered: 09/16/2020)
2020-11-1630Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Gonzalez-Horowitz, Brenda) (Entered: 11/16/2020)
2021-01-1931Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Gonzalez-Horowitz, Brenda) (Entered: 01/19/2021)
2021-02-1832Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Gonzalez-Horowitz, Brenda) (Entered: 02/18/2021)
2021-04-1533Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Gonzalez-Horowitz, Brenda) (Entered: 04/15/2021)
2021-06-2134Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Gonzalez-Horowitz, Brenda) (Entered: 06/21/2021)
2021-08-2435Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Gonzalez-Horowitz, Brenda) (Entered: 08/24/2021)
2021-10-2236Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Gonzalez-Horowitz, Brenda) (Entered: 10/22/2021)
2021-12-2037Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Gonzalez-Horowitz, Brenda) (Entered: 12/20/2021)
2022-01-2138NOTICE of Appearance by Matthew Topic on behalf of PATRICK EDDINGTON (Topic, Matthew) (Entered: 01/21/2022)
2022-01-2139MOTION to Withdraw as Attorney by PATRICK EDDINGTON. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 01/21/2022)
2022-02-09MINUTE ORDER granting 39 Motion to Withdraw as Counsel. Upon consideration of the 39 Motion to Withdraw, the Court concludes that counsel's withdrawal would not "unduly delay trial of the case, or be unfairly prejudicial to any party, or otherwise not be in the interest of justice." LCvR 83.6(d). Thus, it is hereby ORDERED that the 39 Motion is GRANTED, and Joshua Hart Burday is permitted to withdraw from his representation of Plaintiff. Signed by Judge Timothy J. Kelly on 2/9/2022. (lctjk1) (Entered: 02/09/2022)
2022-02-1840NOTICE of Appearance by John Cuong Truong on behalf of DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION (Truong, John) (Entered: 02/18/2022)
2022-02-1841Consent MOTION for Extension of Time to File Joint Status Report by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Truong, John) (Entered: 02/18/2022)
2022-02-22MINUTE ORDER granting Defendants' 41 Consent Motion for Extension of Time to File Joint Status Report. It is hereby ORDERED, for good cause shown, that Defendants' motion is GRANTED. It is further ORDERED that the parties shall submit a joint status report by May 1, 2022. Signed by Judge Timothy J. Kelly on 2/22/2022. (lctjk1) (Entered: 02/22/2022)
2022-04-2542NOTICE of Appearance by Joshua Loevy on behalf of PATRICK EDDINGTON (Loevy, Joshua) (Entered: 04/25/2022)
2022-04-2943NOTICE OF SUBSTITUTION OF COUNSEL by Douglas C. Dreier on behalf of All Defendants Substituting for attorney John Truong (Dreier, Douglas) (Entered: 04/29/2022)
2022-04-2944Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Dreier, Douglas) (Entered: 04/29/2022)
2022-05-0245NOTICE OF WITHDRAWAL OF APPEARANCE as to DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. Attorney Douglas C. Dreier terminated. (Dreier, Douglas) (Entered: 05/02/2022)
2022-06-2246Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Gonzalez Horowitz, Brenda) (Entered: 06/22/2022)
2022-08-2247Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Gonzalez Horowitz, Brenda) (Entered: 08/22/2022)
2022-10-2148Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Gonzalez Horowitz, Brenda) (Entered: 10/21/2022)
2022-12-2149Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Gonzalez Horowitz, Brenda) (Entered: 12/21/2022)
2023-02-2050Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Gonzalez Horowitz, Brenda) (Entered: 02/20/2023)
2023-04-2151Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Gonzalez Horowitz, Brenda) (Entered: 04/21/2023)
2023-06-2052Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Gonzalez Horowitz, Brenda) (Entered: 06/20/2023)
2023-08-1853Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Gonzalez Horowitz, Brenda) (Entered: 08/18/2023)
2023-10-1754Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Gonzalez Horowitz, Brenda) (Entered: 10/17/2023)
2023-12-1555Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Gonzalez Horowitz, Brenda) (Entered: 12/15/2023)
2024-02-1356Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Gonzalez Horowitz, Brenda) (Entered: 02/13/2024)
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