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Case TitleCENTER FOR INVESTIGATIVE REPORTING v. U.S. CUSTOMS AND BORDER PROTECTION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02901
Date Filed2018-12-11
Date ClosedOpen
JudgeChief Judge Beryl A. Howell
PlaintiffCENTER FOR INVESTIGATIVE REPORTING
Case DescriptionThe Center for Investigative Reporting submitted a FOIA request to U.S. Customs and Border Protection for contract proposals submitted to build to a wall on the Mexican-U.S. border near Chula Vista, CA. CIR also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request. The agency denied the request under Exemption 4 (confidential business information). CIR filed an administrative appeal. In response to CIR's appeal, the agency told CIR that it had located 6,762 pages. It disclosed 1,019 unredacted pages and 155 pages with redactions, and withheld 5,558 pages under Exemption 3 (other statutes), Exemption 4, Exemption 5 (privileges), Exemption 6 (invasion of privacy), and Exemption 7 (law enforcement records). CIR then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantU.S. CUSTOMS AND BORDER PROTECTION
DefendantU.S. 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
Opinion/Order [22]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-12-111COMPLAINT against U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-5833416) filed by CENTER FOR INVESTIGATIVE REPORTING. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet Civil Cover Sheet, # 8 Summons Summons)(Topic, Matthew) (Entered: 12/11/2018)
2018-12-112NOTICE of Appearance by Matthew Topic on behalf of CENTER FOR INVESTIGATIVE REPORTING (Topic, Matthew) (Entered: 12/11/2018)
2018-12-14Case Assigned to Chief Judge Beryl A. Howell. (zef, ) (Entered: 12/14/2018)
2018-12-143SUMMONS (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)(zef, ) (Entered: 12/14/2018)
2018-12-144STANDING ORDER. Signed by Chief Judge Beryl A. Howell on December 14, 2018. (lcbah1) (Entered: 12/14/2018)
2019-01-245MOTION to Stay in Light of Lapse in Appropriations by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY (Field, Brian) (Entered: 01/24/2019)
2019-01-25MINUTE ORDER (paperless) GRANTING, over the plaintiff's opposition, the defendants' 5 Motion to Stay Proceedings in Light of Lapse of Appropriations. Accordingly, the parties shall, within five days of appropriations being restored, submit a Joint Status Report proposing a briefing schedule for the defendants' responsive pleading and any dispositive motions. See 4 Standing Order. The plaintiff is not precluded from seeking, at a later date, depending on the duration of the lapse of appropriations and the relevance of the records sought in the complaint for the reasons given in the plaintiff's opposition to the government's motion to stay, that the stay be lifted. Signed by Chief Judge Beryl A. Howell on January 25, 2019. (lcbah4) (Entered: 01/25/2019)
2019-02-016Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Field, Brian) (Entered: 02/01/2019)
2019-02-017NOTICE of Appearance by Brian J. Field on behalf of All Defendants (Field, Brian) (Entered: 02/01/2019)
2019-02-01MINUTE ORDER (paperless) EXTENDING, upon consideration of the parties' 6 Joint Status Report, and over the plaintiff's objection, the deadline for defendants to answer the plaintiff's 1 Complaint until March 4, 2019 and ORDERING, consistent with the 4 Standing Order ¶ 3.b.ii, the parties to file a joint status report, by March 18, 2019. Signed by Chief Judge Beryl A. Howell on February 1, 2019. (lcbah1) (Entered: 02/01/2019)
2019-02-04Set/Reset Deadlines: Answer to the complaint due by 3/4/2019; joint status report due by 3/18/2019. (tg) (Entered: 02/04/2019)
2019-02-088RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 1/15/2019 (Topic, Matthew) Modified on 2/14/2019 to edit the service date (zrdj). (Entered: 02/08/2019)
2019-02-089RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 12/26/2018 (Topic, Matthew) (Entered: 02/08/2019)
2019-02-0810RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/26/2018. (Topic, Matthew) Modified on 2/14/2019 to correct service date (zrdj). (Entered: 02/08/2019)
2019-02-0811RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/27/2018. Answer due for ALL FEDERAL DEFENDANTS by 1/26/2019. (Topic, Matthew) (Entered: 02/08/2019)
2019-03-0412ANSWER to Complaint by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY.(Field, Brian) (Entered: 03/04/2019)
2019-03-1813Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Field, Brian) (Entered: 03/18/2019)
2019-03-19MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 13 Joint Status Report, the following SCHEDULING ORDER to control the timing of proceedings: (1) by May 15, 2019, the defendants shall file any motion for summary judgment; (2) by June 14, 2019, the plaintiff shall file any cross-motion for summary judgment and any opposition to the defendants' motion for summary judgment; (3) by July 15, 2019, the defendants shall file any opposition to the plaintiff's cross-motion for summary judgment and any reply in support of their own motion for summary judgment; (4) by August 9, 2019, the plaintiff shall file any reply in support of its cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on March 19, 2019. (lcbah1) (Entered: 03/19/2019)
2019-03-19Set/Reset Deadlines: Summary judgment motion due by 5/15/2019; cross-motion and opposition to motion for summary judgment due by 6/14/2019; opposition to cross-motion and reply to opposition to motion for summary judgment due by 7/15/2019; reply to opposition to cross-motion due by 8/9/2019. (tg) (Entered: 03/19/2019)
2019-05-1514MOTION for Summary Judgment by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Suzuki Decl., # 4 Text of Proposed Order)(Field, Brian) (Entered: 05/15/2019)
2019-06-1415Memorandum in opposition to re 14 MOTION for Summary Judgment Plaintiff's Combined Opposition to Defendant's Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment filed by CENTER FOR INVESTIGATIVE REPORTING. (Burday, Joshua) (Entered: 06/14/2019)
2019-06-1416MOTION for Summary Judgment Plaintiff's Combined Opposition to Defendant's Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment by CENTER FOR INVESTIGATIVE REPORTING (Burday, Joshua) (Entered: 06/14/2019)
2019-07-1517Memorandum in opposition to re 16 MOTION for Summary Judgment Plaintiff's Combined Opposition to Defendant's Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment filed by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Field, Brian) (Entered: 07/15/2019)
2019-07-1518REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Declaration)(Field, Brian) (Entered: 07/15/2019)
2019-08-0619NOTICE of Appearance by Merrick Jason Wayne on behalf of CENTER FOR INVESTIGATIVE REPORTING (Wayne, Merrick) (Entered: 08/06/2019)
2019-08-0920REPLY to opposition to motion re 16 MOTION for Summary Judgment Plaintiff's Combined Opposition to Defendant's Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment filed by CENTER FOR INVESTIGATIVE REPORTING. (Topic, Matthew) (Entered: 08/09/2019)
2019-12-3121ORDER GRANTING in part and DENYING in part the defendants' 14 Motion for Summary Judgment and DENYING the plaintiff's 16 Cross-Motion for Summary Judgment. See Order for further details. Signed by Chief Judge Beryl A. Howell on December 31, 2019. (lcbah1) (Entered: 12/31/2019)
2019-12-31Set/Reset Deadlines: Joint Status Report due by 1/31/2020. (tg) (Entered: 12/31/2019)
2019-12-3122MEMORANDUM OPINION regarding the defendants' 14 Motion for Summary Judgment and the plaintiff's 16 Cross-Motion for Summary Judgment. Signed by Chief Judge Beryl A. Howell on December 31, 2019. (lcbah1) (Entered: 12/31/2019)
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by FOIA Project Staff
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