Case Detail

FOIA Project Annotation: A federal court in California has ruled that Customs and Border Protection properly claimed regulatory exemptions put in place in 2010 to withhold information from Edward Hasbrouck that he requested in 2007 and 2009 under the Privacy Act. The agency contended that Southwest Center for Biological Diversity v. Dept of Agriculture, 314 F.3d 1060 (9th Cir. 2002), in which the Ninth Circuit ruled that the Agriculture Department could claim an Exemption 3 statute applied even though it had been passed by Congress after the organization had made its FOIA request because the law should be interpreted at the time the court decided the case, allowed CBP to withhold the information. Hasbrouck argued that the Privacy Act served different purposes than FOIA and that he had a vested interest in being able to see the information he had provided previously. Saying that Hasbrouck's arguments "prove too much," the court noted that "Hasbrouck has not argued, and could not reasonably do so, that exemptions promulgated in 2010 would not apply to any request he might make today. Yet the same previously-collected information would fall within the scope of the exemption and could properly be withheld from any materials produced in response to a new request. This highlights the observation in Biological Diversity that 'retroactivity' simply is not implicated, because plaintiff's claim in essence seeks prospective injunctive reliefâ€"an order requiring CBP to turn over information now. As such, this is one of the many circumstances in which 'a court should apply the law in effect at the time it renders its decision,' notwithstanding the happenstance that Hasbrouck made his Privacy Act requests before the current exemptions were promulgated." Hasbrouck also claimed he had a right under FOIA and the Privacy Act to a list of personal or unique identifiers by which data could be retrieved from various databases. Although the agency had publicly disclosed that records could be searched by name or address, it had not listed any other types of personal identifiers that could be used and denied the information under Exemption 7(E) (investigative methods and techniques). Ruling in favor of the agency, the court pointed out that "while it may be of little consequence to law enforcement efforts to disclose that CBP can retrieve information based on obvious identifiers such as birthdates, passport numbers, or similar data, it manifestly would implicate security concerns to disclose that CBP also tracks one or more non-obvious identifiers, or for it to admit that it cannot retrieve information except by obvious identifiers. Accordingly, CBP need not provide the list of identifiers Hasbrouck is seeking." The court also ordered the agency to search its records based on variants of the spelling of Hasbrouck's name. The court indicated that "while it may be true that Hasbrouck would be unlikely to misspell his own name, it is plausible that it would not always be entered into data sources correctly."
Issues: Exemption 3

Date Filed	Doc #	Docket Text
2010-08-25	1	COMPLAINT; summons issued against U.S. Customs and Border Protection (Filing fee $ 350, receipt number 44611005606). Filed by Edward Hasbrouck. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(slh, COURT STAFF) (Filed on 8/25/2010) (Entered: 08/26/2010)
2010-08-25	2	ADR SCHEDULING ORDER: Case Management Statement due by 12/1/2010. Case Management Conference set for 12/8/2010 01:30 PM. (Attachments: # 1 Standing Order)(slh, COURT STAFF) (Filed on 8/25/2010) (Entered: 08/26/2010)
2010-08-25		CASE DESIGNATED for Electronic Filing. (slh, COURT STAFF) (Filed on 8/25/2010) (Entered: 08/26/2010)
2010-08-31	3	SUMMONS Returned Executed by Edward Hasbrouck. U.S. Customs and Border Protection served on 8/30/2010. (Greene, David) (Filed on 8/31/2010) (Entered: 08/31/2010)
2010-09-01	4	NOTICE of Appearance by Neill Tai Tseng (Tseng, Neill) (Filed on 9/1/2010) (Entered: 09/01/2010)
2010-09-08	5	CERTIFICATE OF SERVICE by Edward Hasbrouck Service of Magistrate Judge Brochure (Greene, David) (Filed on 9/8/2010) (Entered: 09/08/2010)
2010-09-08	6	CONSENT to Proceed Before a US Magistrate Judge by Edward Hasbrouck.. (Greene, David) (Filed on 9/8/2010) (Entered: 09/08/2010)
2010-09-13	7	Declination to Proceed Before a U.S. Magistrate Judge by U.S. Customs and Border Protection. (Tseng, Neill) (Filed on 9/13/2010) (Entered: 09/13/2010)
2010-09-13	8	CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (bpf, COURT STAFF) (Filed on 9/13/2010) (Entered: 09/13/2010)
2010-09-13		***EMC Deadlines terminated. 8 Clerk's Notice of Impending Reassignment. (bpf, COURT STAFF) (Filed on 9/13/2010) (Entered: 09/13/2010)
2010-09-15	9	ORDER REASSIGNING CASE. Case reassigned to Hon. Richard Seeborg for all further proceedings. Magistrate Judge Edward M. Chen no longer assigned to the case. Signed by Executive Committee on 9/15/10. (ha, COURT STAFF) (Filed on 9/15/2010) (Entered: 09/15/2010)
2010-09-15	10	ORDER RE: 9 REASSIGNING CASE TO JUDGE SEEBORG. Case Management Conference set for 1/6/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 9/15/10. (cl, COURT STAFF) (Filed on 9/15/2010) (Entered: 09/15/2010)
2010-10-12	11	ANSWER to Complaint byU.S. Customs and Border Protection. (Tseng, Neill) (Filed on 10/12/2010) (Entered: 10/12/2010)
2010-11-16	12	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Tseng, Neill) (Filed on 11/16/2010) (Entered: 11/16/2010)
2010-11-17	13	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (King, Geoffrey) (Filed on 11/17/2010) (Entered: 11/17/2010)
2010-11-17	14	NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (King, Geoffrey) (Filed on 11/17/2010) (Entered: 11/17/2010)
2010-11-30	15	REPORT of Rule 26(f) Planning Meeting FED. R. CIV. P. 26(f) REPORT . (King, Geoffrey) (Filed on 11/30/2010) (Entered: 11/30/2010)
2010-12-20	16	ADR Clerks Notice Setting ADR Phone Conference on 1/4/11 at 11:00 a.m. Pacific time. Please take note that at the appointed time, all parties shall call 218-339-2500 and use access code 1057593. (sgd, COURT STAFF) (Filed on 12/20/2010) (Entered: 12/20/2010)
2010-12-21	17	CERTIFICATE OF SERVICE by Edward Hasbrouck (King, Geoffrey) (Filed on 12/21/2010) (Entered: 12/21/2010)
2010-12-30	18	CASE MANAGEMENT STATEMENT JOINT filed by U.S. Customs and Border Protection. (Tseng, Neill) (Filed on 12/30/2010) (Entered: 12/30/2010)
2011-01-04		ADR Remark: ADR Phone Conference held by GDB on 1/4/11. (sgd, COURT STAFF) (Filed on 1/4/2011) (Entered: 01/04/2011)
2011-01-06	19	Minute Entry: Initial Case Management Conference held on 1/6/2011 before Richard Seeborg (Date Filed: 1/6/2011). Further Case Management Conference set for 3/17/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. (Court Reporter not reported.) (cl, COURT STAFF) (Date Filed: 1/6/2011) (Entered: 01/06/2011)
2011-01-06	20	CASE MANAGEMENT SCHEDULING ORDER: Further Case Management Conference set for 3/17/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 1/6/11.(cl, COURT STAFF) (Filed on 1/6/2011) (Entered: 01/06/2011)
2011-03-02	21	STIPULATION (JOINT) AND REQUEST FOR SPECIAL SET HEARING by Edward Hasbrouck. (Greene, David) (Filed on 3/2/2011) (Entered: 03/02/2011)
2011-03-02	22	STIPULATION AND ORDER SPECIALLY SETTING CASE MANAGEMENT CONFERENCE. Further Case Management Conference set for 3/17/2011 11:45 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 3/2/11. (cl, COURT STAFF) (Filed on 3/2/2011) (Entered: 03/02/2011)
2011-03-10	23	CASE MANAGEMENT STATEMENT SECOND JOINT CASE MANAGEMENT CONFERENCE STATEMENT filed by Edward Hasbrouck. (Greene, David) (Filed on 3/10/2011) (Entered: 03/10/2011)
2011-03-17	24	Minute Entry: Further Case Management Conference held on 3/17/2011 before Judge Richard Seeborg (Date Filed: 3/17/2011). (Court Reporter Not Reported.) (cl, COURT STAFF) (Date Filed: 3/17/2011) (Entered: 03/17/2011)
2011-03-17	25	CASE MANAGEMENT SCHEDULING ORDER. Signed by Judge Richard Seeborg on 3/17/11. (cl, COURT STAFF) (Filed on 3/17/2011) (Entered: 03/17/2011)
2011-04-01	26	STIPULATION Re Briefing Schedule by U.S. Customs and Border Protection. (Tseng, Neill) (Filed on 4/1/2011) (Entered: 04/01/2011)
2011-04-01	27	STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE. Signed by Judge Richard Seeborg on 4/1/11. (cl, COURT STAFF) (Filed on 4/1/2011) (Entered: 04/01/2011)
2011-04-14	28	CLERKS NOTICE SETTING STANDBY CASE MANAGEMENT CONFERENCE. Case Management Conference set for 9/29/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. (cl, COURT STAFF) (Filed on 4/14/2011) (Entered: 04/14/2011)
2011-05-19	29	STIPULATION REGARDING MODIFIED BRIEFING SCHEDULE AND HEARING DATE; [PROPOSED] ORDER by U.S. Customs and Border Protection. (Tseng, Neill) (Filed on 5/19/2011) (Entered: 05/19/2011)
2011-05-25	30	STIPULATION AND ORDER re 29 MODIFIED BREIFING SCHEDULE AND HEARING DATE. Signed by Judge Richard Seeborg on 5/24/11. (cl, COURT STAFF) (Filed on 5/25/2011) (Entered: 05/25/2011)
2011-06-03	31	MOTION for Summary Judgment filed by U.S. Customs and Border Protection. Motion Hearing set for 8/18/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. (Attachments: # 1 Appendix 1)(Tseng, Neill) (Filed on 6/3/2011) (Entered: 06/03/2011)
2011-06-03	32	Declaration of Shari Suzuki filed byU.S. Customs and Border Protection. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Tseng, Neill) (Filed on 6/3/2011) (Entered: 06/03/2011)
2011-06-03	33	Declaration of Laurence Castelli filed byU.S. Customs and Border Protection. (Attachments: # 1 Exhibit P)(Tseng, Neill) (Filed on 6/3/2011) (Entered: 06/03/2011)
2011-06-06	34	CLERKS NOTICE CONTINUING MOTION HEARING. Motion Hearing set for 8/25/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. (cl, COURT STAFF) (Filed on 6/6/2011) (Entered: 06/06/2011)
2011-06-06	35	ERRATA by U.S. Customs and Border Protection. (Tseng, Neill) (Filed on 6/6/2011) (Entered: 06/06/2011)
2011-06-06	36	Proposed Order re 31 MOTION for Summary Judgment Granting by U.S. Customs and Border Protection. (Tseng, Neill) (Filed on 6/6/2011) (Entered: 06/06/2011)
2011-06-24	37	MOTION for Summary Judgment PLAINTIFFS COMBINED CROSS-MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT filed by Edward Hasbrouck. Motion Hearing set for 8/25/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Responses due by 7/15/2011. Replies due by 7/29/2011. (Greene, David) (Filed on 6/24/2011) (Entered: 06/24/2011)
2011-06-24	38	Declaration of ELIZABETH EDWARDS in Support of 37 MOTION for Summary Judgment PLAINTIFFS COMBINED CROSS-MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT filed byEdward Hasbrouck. (Related document(s) 37 ) (Greene, David) (Filed on 6/24/2011) (Entered: 06/24/2011)
2011-06-24	39	Declaration of JAMES HARRISON in Support of 37 MOTION for Summary Judgment PLAINTIFFS COMBINED CROSS-MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT filed byEdward Hasbrouck. (Related document(s) 37 ) (Greene, David) (Filed on 6/24/2011) (Entered: 06/24/2011)
2011-06-24	40	Declaration of EDWARD HASBROUCK in Support of 37 MOTION for Summary Judgment PLAINTIFFS COMBINED CROSS-MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT filed byEdward Hasbrouck. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Related document(s) 37 ) (Greene, David) (Filed on 6/24/2011) (Entered: 06/24/2011)
2011-06-24	41	Proposed Order re 37 MOTION for Summary Judgment PLAINTIFFS COMBINED CROSS-MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT by Edward Hasbrouck. (Greene, David) (Filed on 6/24/2011) (Entered: 06/24/2011)
2011-07-15	42	REPLY (re 37 MOTION for Summary Judgment PLAINTIFFS COMBINED CROSS-MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT ) filed byU.S. Customs and Border Protection. (Attachments: # 1 Declaration Declaration of Laurence Castelli, # 2 Declaration Declaration of Shari Suzuki)(Tseng, Neill) (Filed on 7/15/2011) (Entered: 07/15/2011)
2011-07-29	43	REPLY (re 37 MOTION for Summary Judgment PLAINTIFFS COMBINED CROSS-MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT ) filed byEdward Hasbrouck. (Attachments: # 1 Declaration EDWARD HASBROUCK)(Greene, David) (Filed on 7/29/2011) (Entered: 07/29/2011)
2011-08-12	44	CLERKS NOTICE RESCHEDULING MOTION HEARING. Motion Hearing Rescheduled for 9/15/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. (cl, COURT STAFF) (Filed on 8/12/2011) (Entered: 08/12/2011)
2011-08-15		Set/Reset Deadlines as to 37 MOTION for Summary Judgment PLAINTIFFS COMBINED CROSS-MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT . Motion Hearing set for 9/15/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. (gba, COURT STAFF) (Filed on 8/15/2011) (Entered: 08/15/2011)
2011-08-23	45	NOTICE of Change In Counsel by Lowell K Chow NOTICE OF ASSOCIATION OF COUNSEL (Chow, Lowell) (Filed on 8/23/2011) (Entered: 08/23/2011)
2011-09-15	46	Minute Entry: Motion Hearing held on 9/15/2011 before Judge Richard Seeborg (Date Filed: 9/15/2011).(Court Reporter Debra Pas.) (cl, COURT STAFF) (Date Filed: 9/15/2011) (Entered: 09/15/2011)
2011-09-16		***Deadlines terminated*** Motion Hearing date of 09/15/2011 held 44 Clerks Notice. (gba, COURT STAFF) (Filed on 9/16/2011) (Entered: 09/16/2011)
2011-09-21	47	STIPULATION TO VACATE STANDBY CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER by U.S. Customs and Border Protection. (Tseng, Neill) (Filed on 9/21/2011) (Entered: 09/21/2011)
2011-09-21	48	STIPULATION AND ORDER TO VACATE STANDBY CASE MANAGEMENT CONFERENCE. Signed by Judge Richard Seeborg on 9/21/11. (cl, COURT STAFF) (Filed on 9/21/2011) (Entered: 09/21/2011)
2012-01-03	49	NOTICE by Edward Hasbrouck of Firm Name Change (Greene, David) (Filed on 1/3/2012) (Entered: 01/03/2012)
2012-01-23	50	ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT. Signed by Judge Richard Seeborg on 1/23/12. (cl, COURT STAFF) (Filed on 1/23/2012) (Entered: 01/23/2012)
2012-01-31	51	Transcript of Proceedings held on 9-15-2011, before Judge Richard Seeborg. Court Reporter/Transcriber Debra L. Pas, CRR, Telephone number (415) 431-1477. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 4/30/2012. (Pas, Debra) (Filed on 1/31/2012) (Entered: 01/31/2012)
2012-03-23	52	*** FILED IN ERROR. REFER TO DOCUMENT 53 . *** STATUS REPORT (JOINT) by U.S. Customs and Border Protection. (Tseng, Neill) (Filed on 3/23/2012) Modified on 3/26/2012 (fff, COURT STAFF). (Entered: 03/23/2012)
2012-03-23	53	STATUS REPORT (Joint) by U.S. Customs and Border Protection. (Tseng, Neill) (Filed on 3/23/2012) (Entered: 03/23/2012)
2012-04-19	54	STATUS REPORT (Joint) by U.S. Customs and Border Protection. (Tseng, Neill) (Filed on 4/19/2012) (Entered: 04/19/2012)
2012-05-04	55	STATUS REPORT (Joint) by U.S. Customs and Border Protection. (Tseng, Neill) (Filed on 5/4/2012) (Entered: 05/04/2012)
2012-05-24	56	STATUS REPORT (JOINT) by U.S. Customs and Border Protection. (Tseng, Neill) (Filed on 5/24/2012) (Entered: 05/24/2012)
2012-07-13	57	STIPULATION WITH PROPOSED ORDER OF DISMISSAL WITH PREJUDICE filed by U.S. Customs and Border Protection. (Tseng, Neill) (Filed on 7/13/2012) (Entered: 07/13/2012)
2012-07-13	58	STIPULATION AND ORDER RE 57 OF DISMISSAL WITH PREJUDICE. Signed by Judge Richard Seeborg on 7/13/12. (cl, COURT STAFF) (Filed on 7/13/2012) (Entered: 07/13/2012)
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