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Case TitleBIER v. U.S. DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv00690
Date Filed2020-03-10
Date Closed2021-11-05
JudgeJudge Christopher R. Cooper
PlaintiffDAVID BIER
Case DescriptionDavid Bier, a policy analyst at the Cato Institute, submitted a FOIA request to U.S. Customs and Border Protection for records concerning the seizures of drugs made by CBP each month from FY 2009 through FY 2019. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Bier filed an administrative appeal of the constructive denial. The agency acknowledged receipt of Bier's appeal but told him that since it had not made an adverse determination his appeal would be closed. After hearing nothing further from the agency, Bier filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-03-101COMPLAINT against U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number ADCDC-6904858) filed by DAVID BIER. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet, # 5 Summons)(Burday, Joshua) (Entered: 03/10/2020)
2020-03-102NOTICE of Appearance by Joshua Hart Burday on behalf of DAVID BIER (Burday, Joshua) (Entered: 03/10/2020)
2020-03-103NOTICE of Appearance by Matthew Topic on behalf of DAVID BIER (Topic, Matthew) (Entered: 03/10/2020)
2020-03-11Case Assigned to Judge Christopher R. Cooper. (adh, ) (Entered: 03/11/2020)
2020-03-114SUMMONS (4) Issued Electronically as to U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 03/11/2020)
2020-04-155NOTICE of Appearance by Diana Viggiano Valdivia on behalf of All Defendants (Valdivia, Diana) (Entered: 04/15/2020)
2020-04-166ANSWER to Complaint by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY.(Valdivia, Diana) (Entered: 04/16/2020)
2020-04-16MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties promptly confer and file a joint proposed schedule for briefing or disclosure by May 1, 2020. Signed by Judge Christopher R. Cooper on 4/16/2020. (lccrc1) (Entered: 04/16/2020)
2020-04-16Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 5/1/2020 (lsj) (Entered: 04/16/2020)
2020-05-017Joint STATUS REPORT with Joint Proposed Schedule by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Valdivia, Diana) (Entered: 05/01/2020)
2020-05-01MINUTE ORDER: Upon consideration the parties' 7 Joint Status Report, the parties are ordered to file a further joint status report by June 30, 2020, describing the government's progress in determining the volume of the responsive records and proposing a production schedule. Signed by Judge Christopher R. Cooper on 5/1/20. (lccrc1) (Entered: 05/01/2020)
2020-05-04Set/Reset Deadlines: Joint Status Report due by 6/30/2020 (lsj) (Entered: 05/04/2020)
2020-05-138RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 3/19/2020 (Burday, Joshua) (Entered: 05/13/2020)
2020-05-139RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 3/19/2020 (Burday, Joshua) (Entered: 05/13/2020)
2020-05-1310RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/17/2020. (Burday, Joshua) (Entered: 05/13/2020)
2020-05-1311RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/17/2020. Answer due for ALL FEDERAL DEFENDANTS by 4/16/2020. (Burday, Joshua) (Entered: 05/13/2020)
2020-06-3012Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Valdivia, Diana) (Entered: 06/30/2020)
2020-07-02MINUTE ORDER: Upon consideration the parties' 12 Joint Status Report, the parties are ordered to file a further joint status report by August 31, 2020, describing the government's progress in determining the volume of the responsive records and proposing a production schedule. Signed by Judge Christopher R. Cooper on 7/2/20. (lccrc1) (Entered: 07/02/2020)
2020-07-02Set/Reset Deadlines: Joint Status Report due by 8/31/2020 (lsj) (Entered: 07/02/2020)
2020-08-3113Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Valdivia, Diana) (Entered: 08/31/2020)
2020-09-02MINUTE ORDER: In light of 31 the parties' joint status report, the parties are directed to file their next Status Report by 11/2/2020. The status report should inform the Court regarding any remaining issues for litigation and, if so, include a proposed briefing schedule. Signed by Judge Christopher R. Cooper on 09/2/2020. (lccrc2) Modified on 9/2/2020 (lsj). (Entered: 09/02/2020)
2020-11-0214Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Valdivia, Diana) (Entered: 11/02/2020)
2020-11-04MINUTE ORDER: In light of 14 the parties' Joint Status Report, the parties are directed to file their next Status Report by 12/18/2020. The status report should inform the Court regarding any remaining issues for litigation and, if so, include a proposed briefing schedule. Signed by Judge Christopher R. Cooper on 11/04/2020. (lccrc2) (Entered: 11/04/2020)
2020-11-05Set/Reset Deadlines: Status Report due by 12/18/2020 (lsj) (Entered: 11/05/2020)
2020-12-1815Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Valdivia, Diana) (Entered: 12/18/2020)
2020-12-22MINUTE ORDER: In light of 15 the parties' latest Joint Status Report, the parties are directed to file their next Joint Status Report by 1/18/2021 and include a statement of any remaining issues as well as a proposed schedule for Summary Judgment briefing, if necessary. Signed by Judge Christopher R. Cooper on 12/22/2020. (lccrc2) (Entered: 12/22/2020)
2021-01-1816Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Valdivia, Diana) (Entered: 01/18/2021)
2021-01-21MINUTE ORDER: In light of 16 the parties' latest Joint Status Report, the parties next Joint Status Report is due by 2/18/2021 which shall include a statement of any remaining issues as well as a proposed schedule for Summary Judgment briefing, if necessary. Signed by Judge Christopher R. Cooper on 1/21/2021. (lccrc2) (Entered: 01/21/2021)
2021-02-1817Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Valdivia, Diana) (Entered: 02/18/2021)
2021-02-23MINUTE ORDER: In light of 17 the parties' latest Joint Status Report, the parties next Joint Status Report is due by 3/25/2021 which shall include a statement of any remaining issues as well as a proposed schedule for Summary Judgment briefing, if necessary. Signed by Judge Christopher R. Cooper on 2/23/2021. (lccrc2) (Entered: 02/23/2021)
2021-03-2518Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Valdivia, Diana) (Entered: 03/25/2021)
2021-03-29MINUTE ORDER: In light of 18 the parties' latest Joint Status Report, the parties' next Joint Status Report is due by 4/26/2021 and shall include a statement of any remaining issues as well as a proposed schedule for Summary Judgment briefing, if necessary. Signed by Judge Christopher R. Cooper on 3/29/2021. (lccrc2) (Entered: 03/29/2021)
2021-04-2619Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Valdivia, Diana) (Entered: 04/26/2021)
2021-05-19MINUTE ORDER: In light of 19 the parties' latest Joint Status Report, the parties' next Joint Status Report is due by 6/25/2021 and shall include a proposed briefing schedule for any remaining disputes. Signed by Judge Christopher R. Cooper on 5/19/2021. (lccrc2) (Entered: 05/19/2021)
2021-05-19Set/Reset Deadlines: Joint Status Report due by 6/25/2021 (mac) (Entered: 05/19/2021)
2021-06-2520Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Valdivia, Diana) (Entered: 06/25/2021)
2021-06-29MINUTE ORDER: In light of 20 the parties' latest Joint Status Report, the parties' next Joint Status Report is due by 8/30/2021. As the Court's previous Minute Order stated, the parties must include a proposed schedule for any remaining dispute. Signed by Judge Christopher R. Cooper on 6/29/2021. (lccrc2) (Entered: 06/29/2021)
2021-08-3021Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Valdivia, Diana) (Entered: 08/30/2021)
2021-09-01MINUTE ORDER: Given the lack of progress on resolving plaintiff's fee request since the parties' last status report and the Court's prior request for a briefing schedule should a resolution not be reached, any application for fees shall be due by November 1, 2021; the government's opposition and plaintiff's reply shall be due by December 1, 2021, and December 15, 2021, respectively. Signed by Judge Christopher R. Cooper on 09/01/2021. (lccrc2) (Entered: 09/01/2021)
2021-11-0122Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Valdivia, Diana) (Entered: 11/01/2021)
2021-11-0423STIPULATION of Dismissal by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Valdivia, Diana) (Entered: 11/04/2021)
2021-11-05MINUTE ORDER: In light of the 23 Stipulation of Dismissal, this case is hereby dismissed with prejudice. Signed by Judge Christopher R. Cooper on 11/5/2021. (lccrc2) (Entered: 11/05/2021)
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