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Case Detail

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DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv03157
Date Filed2021-12-02
Date ClosedOpen
JudgeChief Judge Beryl A. Howell
Case DescriptionErin Siegal McIntyre, a journalist and photographer and an assistant professor at the University of North Carolina School of Journalism, submitted six FOIA requests to U.S. Customs and Border Protection for records concerning hazing rituals and other specific topics. She also requested a fee waiver. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Siegal McIntyre filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-12-021COMPLAINT against US CUSTOMS AND BORDER PROTECTION ( Filing fee $ 402 receipt number ADCDC-8902370) filed by ERIN SIEGAL MCINTYRE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to CBP, # 3 Summons to USAO DC, # 4 Summons to USAG)(Golden, Deborah) (Entered: 12/02/2021)
2021-12-022MOTION Allow Alternative Address re 1 Complaint, by ERIN SIEGAL MCINTYRE. (Attachments: # 1 Text of Proposed Order)(Golden, Deborah) (Entered: 12/02/2021)
2021-12-02Case Assigned to Chief Judge Beryl A. Howell. (adh, ) (Entered: 12/02/2021)
2021-12-023SUMMONS (3) Issued Electronically as to US CUSTOMS AND BORDER PROTECTION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 12/02/2021)
2021-12-02MINUTE ORDER (paperless) GRANTING 2 Plaintiff's Motion to List a Non-Residential Address in Complaint Caption ("Pl.'s Mot."). Generally, "[t]he first filing by or on behalf of a party shall have in the caption the. . . full residence address of the party," and "[f]ailure to provide the address information within 30 days of filing may result in the dismissal of the case against the defendant." LCvR 5.1(c)(1). Courts apply the factors identified in United States v. Hubbard , 650 F.2d 293 (D.C. Cir. 1980), to determine when a party's privacy interests are sufficiently weighty to overcome the general presumption in favor of public access to information concerning judicial proceedings. Here, an evaluation of all the Hubbard factors supports granting plaintiff's request. Plaintiff, a journalist, notes that she has "already received multiple death threats via email and phone related to her work in Mexico" and expresses concern that other subject matter on which she is reporting poses risks to her safety as well. Pl.'s Mot. at 2-3. As such, plaintiff reasonably "has sought to hide her residential address to protect her privacy and personal safety by using a Post Office box." Id. at 3. Further, plaintiff convincingly explains the lack of prejudice to the government defendants in this case of substituting a Post Office box address for her home address, as well as the lack of public interest in her home address with respect to this litigation. See id. at 2. Finally, plaintiff notes that she regularly uses said Post Office box to receive mail and is also represented by counsel, obviating concerns regarding the ability to contact her. Id. Under these circumstances, sufficient cause exists to grant plaintiff's request to use her Post Office box address in lieu of her residential address on filings with this Court. Signed by Chief Judge Beryl A. Howell on December 2, 2021. (lcbah3) (Entered: 12/02/2021)
2021-12-024STANDING ORDER. Signed by Chief Judge Beryl A. Howell on December 2, 2021. (lcbah3) (Entered: 12/02/2021)
2022-01-065NOTICE of Appearance by Thomas Duffey on behalf of US CUSTOMS AND BORDER PROTECTION (Duffey, Thomas) (Entered: 01/06/2022)
2022-01-066Consent MOTION for Extension of Time to File Answer re 1 Complaint, with proposed order by US CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 01/06/2022)
2022-01-06MINUTE ORDER (paperless) GRANTING defendant's 6 Consent Motion to Extend Time to File Answer or Otherwise Respond to the Complaint; and EXTENDING, until February 10, 2022, the time for defendant to answer or otherwise respond to plaintiff's 1 Complaint. Signed by Chief Judge Beryl A. Howell on January 6, 2022. (lcbah3) (Entered: 01/06/2022)
2022-01-07Set/Reset Deadlines: Answer to the Complaint due by 2/10/2022. (ztg) (Entered: 01/07/2022)
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by FOIA Project Staff
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