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Case TitleEiswerth v. U.S. Department of Homeland Security et al
DistrictSouthern District of California
CitySan Diego
Case Number3:2020cv00174
Date Filed2020-01-26
Date Closed2021-07-21
JudgeJudge Todd W. Robinson
PlaintiffKelly James Eiswerth an individual
Case DescriptionKelly Ellsworth submitted a FOIA request to U.S. Customs and Border Protection for records concerning an incident in which he was assaulted at Andrade Port of Entry by CBP agents. The agency acknowledged receipt of the request. The agency responded to Ellsworth's request by telling him that it could find no records. Ellsworth filed an administrative appeal. After hearing nothing further from the agency, Ellsworth filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Department of Homeland Security
DefendantU.S. Customs and Border Protection
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-01-261COMPLAINT Against U.S. Department of Homeland Security, U.S. Customs and Border Protection (Filing fee $400 receipt number 0974-13408463.), filed by Kelly James Eiswerth. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E) The new case number is 3:20-cv-174-DMS-AHG. Judge Dana M. Sabraw and Magistrate Judge Allison H. Goddard are assigned to the case. (Walker, Barry)(rmc)(jrd) (Entered: 01/27/2020)
2020-01-272Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (rmc) (Entered: 01/27/2020)
2020-08-173Notice of Hearing - Dismissal for Want of Prosecution Pursuant to FRCvP 4(m) as to *U.S. Department of Homeland Security and U.S. Customs and Border Protection*. Dismissal for Want of Prosecution Pursuant to FRCvP 4(m) Hearing set for 8/27/2020 10:30 AM in Courtroom 13A before Judge Dana M. Sabraw. (jak) (Entered: 08/17/2020)
2020-08-264SUMMONS Returned Executed by Kelly James Eiswerth. All Defendants served. (Walker, Barry) (mme). (Entered: 08/26/2020)
2020-08-265NOTICE of Vacated Hearing: 8/27/2020 Dismissal Pursuant to 4(m) vacated. (no document attached) (jak) (Entered: 08/26/2020)
2020-08-316NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security re 1 Complaint, (Boutelle, Betsey)Attorney Betsey Boutelle added to party U.S. Customs and Border Protection(pty:dft), Attorney Betsey Boutelle added to party U.S. Department of Homeland Security(pty:dft) (mme). (Entered: 08/31/2020)
2020-09-147ANSWER to 1 Complaint, by U.S. Customs and Border Protection, U.S. Department of Homeland Security.(Boutelle, Betsey) (mme). (Entered: 09/14/2020)
2020-09-228Order (1) Setting Case Management Conference; and (2) Requiring Parties to Meet and Confer Regarding Whether this Case is Suitable for an Early Neutral Evaluation Conference. Case Management Conference set for 11/20/2020 at 01:30 PM before Magistrate Judge Allison H. Goddard via videoconference. The parties must meet and confer pursuant to Fed. R. Civ. P. 26(f) no later than 10/24/20. The parties must file a Joint Case Management Statement by 11/2/20. Signed by Magistrate Judge Allison H. Goddard on 9/22/20.(jmo) (Entered: 09/22/2020)
2020-10-069ORDER OF TRANSFER. Judge Dana M. Sabraw is no longer assigned. Case reassigned to Judge Todd W. Robinson for all further proceedings. The new case number is 20cv00174-TWR-AHG. Signed by Judge Dana M. Sabraw on 10/6/20.(jmo) (Entered: 10/06/2020)
2020-11-0210JOINT DISCOVERY PLAN by U.S. Customs and Border Protection, U.S. Department of Homeland Security re 8 Notice and Order for Early Neutral Evaluation conference,, (JOINT CASE MANAGEMENT STATEMENT) (Boutelle, Betsey) (jmo). (Entered: 11/02/2020)
2020-11-0311Order: (1) Vacating Case Management Conference and (2) Setting Status Conference. The CMC scheduled for 11/20/20 is vacated. Attorneys-only telephonic Status Conference set for 1/22/2021 at 02:00 PM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 11/3/20.(jmo) (Main Document 11 replaced on 11/9/2020 to correct error and NEF regenerated to all parties) (jmo). (Entered: 11/03/2020)
2021-01-2212Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: telephonic, attorneys-only Status Conference held on 1/22/2021. The Court will set a settlement disposition conference by separate order. (Plaintiff Attorney Barry Walker). (Defendant Attorney Betsey Boutelle). (no document attached) (cxg) (Entered: 01/22/2021)
2021-01-2513Order Setting Settlement Disposition Conference. Telephonic Settlement Disposition Conference set for 3/24/2021 09:00 AM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 1/22/21.(sxa) (Entered: 01/25/2021)
2021-03-2414Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Telephonic Settlement Disposition Conference ("SDC") held on 3/24/2021. By separate order, the Court will set another SDC in approximately 60 days. (Plaintiff Attorney Barry Walker). (Defendant Attorney Betsey Boutelle). (no document attached) (kxm) (Entered: 03/24/2021)
2021-03-2415Order Setting Second Settlement Disposition Conference. Telephonic Settlement Disposition Conference set for 5/25/2021 01:30 PM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 3/24/21.(sxa) (Entered: 03/24/2021)
2021-05-2016MINUTE ORDER Resetting Second Settlement Disposition Conference ("SDC") - Time Change Only . Due to a conflict on the Court's calendar, telephonic SDC set for 5/25/2021 is RESET to 04:00 PM before Magistrate Judge Allison H. Goddard. Counsel shall call the chambers teleconference line at 1-877-873-8018 and use 8367902 as the access code to join the conference. If a joint motion to dismiss is filed prior to the SDC, the SDC will be vacated without further court order. Signed by Magistrate Judge Allison H. Goddard on 5/20/21.(no document attached) (kxm) (Entered: 05/20/2021)
2021-05-2517Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Telephonic Settlement Disposition Conference held on 5/25/2021. Plaintiff's counsel failed to appear, but the Court obtained an update on the status of settlement from defense counsel and contacted both counsel by email thereafter to confirm the details of the discussion. The Court tentatively plans to set a settlement conference based on the discussion with defense counsel; order to issue after the Court hears from Plaintiff's counsel. (Defendant Attorney Betsey Boutelle). (no document attached) (kxm) (Entered: 05/25/2021)
2021-05-2618ORDER Setting Settlement Conference: Video Settlement Conference set for 7/14/2021 at 01:15 PM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 5/26/21.(sxa) (dlg). (Entered: 05/26/2021)
2021-07-1319Joint MOTION to Dismiss by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Boutelle, Betsey)(sxa). (Entered: 07/13/2021)
2021-07-1320ORDER Vacating Settlement Conference. Signed by Magistrate Judge Allison H. Goddard on 7/13/21.(sxa) (dlg). (Entered: 07/13/2021)
2021-07-2121ORDER Granting 19 Joint Motion For Dismissal. Signed by Judge Todd W. Robinson on 7/21/21. (sxa) (dlg). (Entered: 07/21/2021)
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by FOIA Project Staff
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