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Case TitleSIEGAL MCINTYRE v. US CUSTOMS AND BORDER PROTECTION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv03157
Date Filed2021-12-02
Date ClosedOpen
JudgeJudge Beryl A. Howell
PlaintiffERIN SIEGAL MCINTYRE
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

DefendantUS CUSTOMS AND BORDER PROTECTION
DefendantU.S. CUSTOMS AND BORDER PROTECTION
Documents
Docket
Complaint
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)
2022-02-107ANSWER to Complaint by US CUSTOMS AND BORDER PROTECTION.(Duffey, Thomas) (Entered: 02/10/2022)
2022-02-248Joint STATUS REPORT by US CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 02/24/2022)
2022-02-25MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 8 Joint Status Report, the parties to file, by March 24, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on February 25, 2022. (lcbah3) (Entered: 02/25/2022)
2022-02-28Set/Reset Deadlines: Joint Status Report due by 3/24/2022. (ztg) (Entered: 02/28/2022)
2022-03-249Joint STATUS REPORT by US CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 03/24/2022)
2022-03-28MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 9 Joint Status Report, the parties to file, by April 29, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on March 28, 2022. (lcbah3) (Entered: 03/28/2022)
2022-03-28Set/Reset Deadlines: Joint Status Report due by 4/29/2022. (ztg) (Entered: 03/28/2022)
2022-04-2910Joint STATUS REPORT by US CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 04/29/2022)
2022-04-29MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 10 Joint Status Report, the parties to file, by June 2, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on April 29, 2022. (lcbah3) (Entered: 04/29/2022)
2022-04-29Set/Reset Deadlines: Joint Status Report due by 6/2/2022. (ztg) (Entered: 04/29/2022)
2022-06-0211Joint STATUS REPORT by ERIN SIEGAL MCINTYRE. (Golden, Deborah) (Entered: 06/02/2022)
2022-06-03MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 11 Joint Status Report, the parties to file, by August 31, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on June 3, 2022. (lcbah3) (Entered: 06/03/2022)
2022-06-03Set/Reset Deadlines: Joint Status Report due by 8/31/2022. (ztg) (Entered: 06/03/2022)
2022-08-3112Joint STATUS REPORT by US CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 08/31/2022)
2022-09-01MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 12 Joint Status Report, the parties to file, by October 31, 2022, a joint status report advising the Court about the status of this matter and any proposed schedule governing the production of responsive records. Signed by Chief Judge Beryl A. Howell on September 1, 2022. (lcbah3) (Entered: 09/01/2022)
2022-09-02Set/Reset Deadlines: Joint Status Report due by 10/31/2022. (hmc) (Entered: 09/02/2022)
2022-10-3113Joint STATUS REPORT by ERIN SIEGAL MCINTYRE. (Golden, Deborah) (Entered: 10/31/2022)
2022-11-01MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 13 Joint Status Report, the parties to file, by January 3, 2023, a joint status report advising the Court about the status of this matter and any proposed schedule governing the production of responsive records. Signed by Chief Judge Beryl A. Howell on November 1, 2022. (lcbah3) (Entered: 11/01/2022)
2022-11-02Set/Reset Deadlines: Joint Status Report due by 1/3/2023. (ztg) (Entered: 11/02/2022)
2023-01-0314Joint STATUS REPORT by ERIN SIEGAL MCINTYRE. (Golden, Deborah) (Entered: 01/03/2023)
2023-01-04MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 14 Joint Status Report, the parties to file, by March 4, 2023, a joint status report advising the Court about the status of this matter and any proposed schedule governing the production of responsive records. Signed by Chief Judge Beryl A. Howell on January 4, 2023. (lcbah3) (Entered: 01/04/2023)
2023-01-05Set/Reset Deadlines: Joint Status Report due by 3/4/2023. (ztg) (Entered: 01/05/2023)
2023-03-0415Joint STATUS REPORT by ERIN SIEGAL MCINTYRE. (Golden, Deborah) (Entered: 03/04/2023)
2023-03-07MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 15 Joint Status Report, the parties to file, by May 3, 2023, a joint status report advising the Court about the status of this matter and any proposed schedule governing the production of responsive records. Signed by Chief Judge Beryl A. Howell on March 7, 2023. (lcbah3) (Entered: 03/07/2023)
2023-03-07Set/Reset Deadlines: Joint Status Report due by 5/3/2023. (ztg) (Entered: 03/07/2023)
2023-05-0316Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 05/03/2023)
2023-05-08MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 16 Joint Status Report, the parties to file, by August 3, 2023, a joint status report advising the Court about the status of this matter and any proposed schedule governing the production of responsive records. Signed by Judge Beryl A. Howell on May 8, 2023. (lcbah3) (Entered: 05/08/2023)
2023-05-08Set/Reset Deadlines: Joint Status Report due by 8/3/2023. (ztg) (Entered: 05/08/2023)
2023-08-0317Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 08/03/2023)
2023-08-04MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 17 Joint Status Report, the parties to file a joint status report by November 3, 2023, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on August 4, 2023. (lcbah1) (Entered: 08/04/2023)
2023-08-07Set/Reset Deadlines: Parties Joint Status Report due by 11/3/2023 (mac) (Entered: 08/07/2023)
2023-11-0318Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 11/03/2023)
2023-11-07MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 18 Joint Status Report, to file, by February 2, 2024, a joint status report, advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on November 7, 2023. (lcbah1) (Entered: 11/07/2023)
2023-11-08Set/Reset Deadlines: Parties Joint Status Report due by 2/2/2024. (mac) (Entered: 11/08/2023)
2024-02-0219Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Duffey, Thomas) (Entered: 02/02/2024)
2024-02-05MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 19 Joint Status Report, to file, by May 3, 2024, another joint status report, advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on February 5, 2024. (lcbah1) (Entered: 02/05/2024)
2024-02-05Set/Reset Deadlines: Parties Joint Status Report due by 5/3/2024 (mac) (Entered: 02/05/2024)
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