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Case TitleSABRA v. U.S. CUSTOMS AND BORDER PROTECTION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv00681
Date Filed2020-03-09
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffFLETA CHRISTINA C. SABRA
Case DescriptionFleta Christina Cousin Sabra, a humanitarian worker, submitted a FOIA request to U.S. Customs and Border Protection for records concerning an incident in which she was stopped and detained by CBP agents at a port of entry in Southern California while accompanying a family of asylum-seeking Syrians from Mexico. The agency acknowledged receipt of her request and provided her a two-page Form I-213, a Record of Deportable/Inadmissible Alien. Sabra filed an administrative appeal of the response. CBP then disclosed an additional three pages. Sabra then submitted a second request to CBP for records pertaining to her detention and asked for expedited processing. The agency acknowledged receipt but after hearing nothing further from the agency, Sabra filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. CUSTOMS AND BORDER PROTECTION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [23]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-03-091COMPLAINT for Declaratory and Injunctive Relief against U.S. CUSTOMS AND BORDER PROTECTION ( Filing fee $ 400 receipt number ADCDC-6900937) filed by FLETA CHRISTINA C SABRA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to CBP)(Free, R.) (Entered: 03/09/2020)
2020-03-10Case Assigned to Judge Colleen Kollar-Kotelly. (adh, ) (Entered: 03/10/2020)
2020-03-102SUMMONS (1) Issued Electronically as to U.S. CUSTOMS AND BORDER PROTECTION. (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 03/10/2020)
2020-03-193ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 03/19/20. (DM) (Entered: 03/19/2020)
2020-03-234NOTICE of Appearance by Marsha Wellknown Yee on behalf of U.S. CUSTOMS AND BORDER PROTECTION (Yee, Marsha) (Entered: 03/23/2020)
2020-04-165ANSWER to Complaint by U.S. CUSTOMS AND BORDER PROTECTION.(Yee, Marsha) (Entered: 04/16/2020)
2020-04-166ORDER requiring meet and confer and joint status report. Signed by Judge Colleen Kollar-Kotelly on 4-16-2020. (lcckk3) (Entered: 04/16/2020)
2020-04-16Set/Reset Deadlines: Joint Meet & Confer Statement due by 6/1/2020. (dot) (Entered: 04/17/2020)
2020-05-217MOTION for Judgment on the Pleadings by FLETA CHRISTINA C. SABRA (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Free, R.) (Entered: 05/21/2020)
2020-05-22MINUTE ORDER. The Court is in receipt of Plaintiff's 7 Motion for Judgment on the Pleadings. The Court ORDERS Defendant to file a Response by JUNE 4, 2020 and Plaintiff to file a Reply by JUNE 15, 2020. Signed by Judge Colleen Kollar-Kotelly on 5-22-2020. (lcckk3) Modified event title on 5/22/2020 (znmw). (Entered: 05/22/2020)
2020-05-22Set/Reset Deadlines: Defendant's Response to 7 due by 6/4/2020. Plaintiff's Reply to 7 due by 6/15/2020. (dot) (Entered: 05/22/2020)
2020-05-298Unopposed MOTION for Extension of Time to File Defendant's Response to Plaintiff's Motion for Judgment on the Pleadings by U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) Modified on 6/1/2020 (ztd). (Entered: 05/29/2020)
2020-06-019STATUS REPORT by FLETA CHRISTINA C. SABRA. (Attachments: # 1 Text of Proposed Order)(Free, R.) Modified text on 6/2/2020 (znmw). (Entered: 06/01/2020)
2020-06-0110ORDER granting 8 Motion for Extension of Time to. Signed by Judge Colleen Kollar-Kotelly on 6-1-2020. (lcckk3) (Entered: 06/01/2020)
2020-06-01Set/Reset Deadlines: Defendant's Response to 7 due by 6/18/2020. Plaintiff's Reply to 7 due by 7/2/2020. (dot) (Entered: 06/01/2020)
2020-06-0111STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Yee, Marsha) (Entered: 06/01/2020)
2020-06-03MINUTE ORDER. The Court is in receipt of Plaintiff's 9 Status Report and Defendant's 11 Status Report. Based on the parties' inability to file a single, joint status report, it appears that the meet and confer did not result in fruitful discussions. The parties shall continue to confer. Additionally, Defendant shall continue to process and produce non-exempt, responsive records. The Court recognizes that Defendant is having difficulties processing the audio and video files and will be making additional efforts. The Court further ORDERS the parties to submit a Joint Status Report by AUGUST 12, 2020, indicating what progress has been made. Signed by Judge Colleen Kollar-Kotelly on 6-3-2020. (lcckk3) (Entered: 06/03/2020)
2020-06-03Set/Reset Deadlines: Joint Status Report due by 8/12/2020, indicating what progress has been made. (dot) (Entered: 06/03/2020)
2020-06-1812Memorandum in opposition to re 7 MOTION for Judgment on the Pleadings filed by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 06/18/2020)
2020-06-2313REPLY to opposition to motion re 7 MOTION for Judgment on the Pleadings filed by FLETA CHRISTINA C. SABRA. (Free, R.) (Entered: 06/23/2020)
2020-08-1214STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Yee, Marsha) (Entered: 08/12/2020)
2020-08-1215STATUS REPORT by FLETA CHRISTINA C. SABRA. (Attachments: # 1 Text of Proposed Order Setting Status Conference and Briefing Schedule, # 2 Exhibit A June 3 Letter, # 3 Exhibit B June 9 Letter, # 4 Exhibit C June 11 Letter, # 5 Exhibit D June 16 Letter, # 6 Exhibit E JSR Conferral Emails)(Free, R.) (Entered: 08/12/2020)
2020-08-19MINUTE ORDER. There Court hereby schedules a video conference in this matter for AUGUST 21, 2020 at 10:00 a.m. to discuss scheduling and production matters. Instructions for joining the conference have been sent to counsel. Signed by Judge Colleen Kollar-Kotelly on 8-19-2020. (lcckk3) (Entered: 08/19/2020)
2020-08-19Set/Reset Hearings: Video Conference on the record set for 8/21/2020 at 10:00 AM before Judge Colleen Kollar-Kotelly. (dot) (Entered: 08/19/2020)
2020-08-21MINUTE ORDER. The Court conducted a video conference in this matter on August 21, 2020. A court reporter was present. Based on the conversation during the conference, the Court ORDERS that prior to SEPTEMBER 4, 2020, Defense counsel confer with Defendant agencies to obtain additional information on the search conducted in response to Plaintiff's FOIA request. On SEPTEMBER 4, 2020 at 10:00, counsel for both parties shall have a telephone conference in which Defense counsel provides Plaintiff's counsel with the additional information about the search, including search terms and parameters. Additionally, Plaintiff's counsel shall provide additional information about which exemptions he intends to challenge. On SEPTEMBER 4, 2020, Defense counsel shall also file a Notice providing a better estimate for the timeline for redacting the videos responsive to Plaintiff's request as 2-8 months is not a reasonable timeline. Defendants may work with other agencies to speed up the redaction process. Finally, on SEPTEMBER 18, 2020, the parties shall file a Joint Status Report, explaining whether the parties are still disputing the adequacy of the search, which exemptions and redactions are being challenged, and a timeline for providing a draft Vaughn index. Until such information has been provided, the Court HOLDS IN ABEYANCE Plaintiff's 7 Motion for Judgement on the Pleadings. Signed by Judge Colleen Kollar-Kotelly on 8-21-2020. (lcckk3) (Entered: 08/21/2020)
2020-08-21Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Video Conference on the record held on 8/21/2020. Joint Status Report due by 9/18/2020. (Court Reporter Lisa Edwards.) (dot) (Entered: 08/21/2020)
2020-09-0216NOTICE OF SUBSTITUTION OF COUNSEL by Joseph F. Carilli, Jr on behalf of U.S. CUSTOMS AND BORDER PROTECTION Substituting for attorney Marsha Wellknown Yee (Carilli, Joseph) (Entered: 09/02/2020)
2020-09-0417NOTICE of Defendant's Timeline for Release of Records by U.S. CUSTOMS AND BORDER PROTECTION (Carilli, Joseph) (Entered: 09/04/2020)
2020-09-1818Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Carilli, Joseph) (Entered: 09/18/2020)
2020-09-18MINUTE ORDER. The Court is in receipt of the parties' 18 Joint Status Report. The parties report that Defendant intends to release the remaining video files by October 31, 2020. The parties further report that Defendant will release a draft Vaughn index by October 1, 2020 and that they are continuing to engage in discussions to limit the issues for litigation. The Court ORDERS the parties to submit a further Joint Status Report by NOVEMBER 12, 2020, informing the Court of Defendant's progress in responding to Plaintiff's FOIA request. Signed by Judge Colleen Kollar-Kotelly on 9-18-2020. (lcckk3) (Entered: 09/18/2020)
2020-09-18Set/Reset Deadlines: Joint Status Report due by 11/12/2020, informing the Court of Defendant's progress in responding to Plaintiff's FOIA request. (dot) (Entered: 09/18/2020)
2020-11-1219Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Carilli, Joseph) (Entered: 11/12/2020)
2020-11-12MINUTE ORDER. The Court is in receipt of the parties' 19 Joint Status Report. The parties indicate that Defendant has produced to Plaintiff the remaining video files and a supplemental production. Defendant has also produced a draft Vaughn index to Plaintiff. The parties indicate that they will meet and confer to discuss remaining issues. The Court ORDERS the parties to file a Joint Status Report by DECEMBER 15, 2020 updating the Court on the status of the parties' discussions and proposed next steps. Signed by Judge Colleen Kollar-Kotelly on 11/12/2020. (lcckk3) (Entered: 11/12/2020)
2020-11-12Set/Reset Deadlines: Joint Status Report due by 12/15/2020, updating the Court on the status of the parties' discussions and proposed next steps. (dot) (Entered: 11/13/2020)
2020-12-1520Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 12/15/2020)
2020-12-18MINUTE ORDER. The Court is in receipt of the parties' 20 Joint Status Report. The parties have conferred and propose a briefing schedule. The Court ORDERS Defendant to file its motion for summary judgment by FEBRUARY 17, 2021; Plaintiff to file her Opposition and any Cross-Motion for Summary Judgment by MARCH 17, 2021; Defendant to file its Reply and Opposition to Plaintiff's Cross-Motion by MARCH 31, 2021, and Plaintiff to file a Reply by APRIL 14, 2021. Signed by Judge Colleen Kollar-Kotelly on 12/18/2020. (lcckk3) (Entered: 12/18/2020)
2020-12-18Set/Reset Deadlines: Plaintiff's Cross Motion due by 3/17/2021. Response to Cross Motion due by 3/31/2021. Reply to Cross Motion due by 4/14/2021. Defendant's Summary Judgment Motion due by 2/17/2021. Response to Motion for Summary Judgment due by 3/17/2021. Reply to Motion for Summary Judgment due by 3/31/2021. (dot) (Entered: 12/21/2020)
2021-01-3121Unopposed MOTION to Modify Briefing Schedule by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 01/31/2021)
2021-02-01MINUTE ORDER. The Court is in receipt of Defendant's 21 Unopposed Motion to Modify the Briefing Schedule. The Court GRANTS Defendant's Motion and ORDERS that the briefing schedule shall be modified as follows: Defendant to file its motion for summary judgment by MARCH 10, 2021; Plaintiff shall file her Opposition and any Cross-Motion for Summary Judgment by APRIL 7, 2021; Defendant to file its Reply and Opposition to Plaintiff's Cross-Motion by APRIL 21, 2021, and Plaintiff to file a Reply by MAY 5, 2021. Signed by Judge Colleen Kollar-Kotelly on 2/1/21. (lcckk3) (Entered: 02/01/2021)
2021-02-01Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 3/10/2021. Response to Motion for Summary Judgment due by 4/7/2021. Reply to Motion for Summary Judgment due by 4/21/2021. Plaintiff's Cross Motion due by 4/7/2021. Response to Cross Motion due by 4/21/2021. Reply to Cross Motion due by 5/5/2021. (dot) (Entered: 02/01/2021)
2021-03-0222ORDER denying 7 Motion for Judgment on the Pleadings. Signed by Judge Colleen Kollar-Kotelly on 3/2/21. (lcckk3) (Entered: 03/02/2021)
2021-03-0223MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 3/2/21. (lcckk3) (Entered: 03/02/2021)
2021-03-1024MOTION for Summary Judgment by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit, # 4 Text of Proposed Order)(Carilli, Joseph) (Entered: 03/10/2021)
2021-04-0725Unopposed MOTION to Modify Summary Judgment Briefing Deadlines by FLETA CHRISTINA C. SABRA. (Attachments: # 1 Text of Proposed Order Modifying Briefing Deadlines by 14 Days)(Free, R.) (Entered: 04/07/2021)
2021-04-07MINUTE ORDER. The Court is in receipt of Plaintiff's 25 Unopposed Motion to Modify Briefing Schedule. Plaintiff seeks a 14-day extension of the summary judgment briefing schedule due to counsel's "family holiday and school scheduling commitments" and "time sensitive client emergencies in other matters." Contrary to the Court's 3 Order Establishing Procedures, which requires motions for extension of time to be filed at least four (4) business days prior to the first affected deadline , Plaintiff's counsel has filed the motion for an extension on the same date that Plaintiff's cross-motion for summary judgment and response to Defendant's motion for summary is judgment is due. However, noting the circumstances described in the motion and Defendant's lack of opposition thereto, the Court shall GRANT Plaintiff's Motion to Modify the Briefing Schedule. The Court ORDERS that the briefing schedule shall be modified as follows: Plaintiff's cross-motion for summary judgment and response to Defendant's Motion for summary judgment is due by APRIL 21, 2021; Defendant's reply in support of its motion and response to Plaintiff's cross-motion is due by MAY 5, 2021; and Plaintiff's reply in support of its cross-motion is due by MAY 19, 2021. Signed by Judge Colleen Kollar-Kotelly on 4/7/21. (lcckk3) (Entered: 04/07/2021)
2021-04-07Set/Reset Deadlines: Plaintiff's Cross Motion for Summary Judgment due by 4/21/2021. Response to Cross Motion for Summary Judgment due by 5/5/2021. Reply to Cross Motion for Summary Judge due by 5/19/2021. Plaintiff's Response to Motion for Summary Judgment due by 4/21/2021. Defendant's Reply to Motion for Summary Judgment due by 5/5/2021. (dot) (Entered: 04/07/2021)
2021-04-12NOTICE of Provisional/Government Not Certified Status re 25 Unopposed MOTION to Modify Summary Judgment Briefing Deadlines by FLETA CHRISTINA C. SABRA. (Attachments: # 1 Text of Proposed Order Modifying Briefing Deadlines by 14 Days)(Free, R.). Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-admissions-and-renewal-information. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 4/19/2021. (znmw) (Entered: 04/12/2021)
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