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Case TitleHoffmann v. U.S. CUSTOMS AND BORDER PROTECTION
DistrictEastern District of Pennsylvania
CityPhiladelphia
Case Number2:2020cv06427
Date Filed2020-12-22
Date ClosedOpen
JudgeDISTRICT JUDGE ANITA B. BRODY
PlaintiffKaren L. Hoffmann
Case DescriptionKaren Hoffman, an attorney, submitted a FOIA request to U.S. Customs and Border Protection for records concerning her client, Hector Menchaca. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Hoffman filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. CUSTOMS AND BORDER PROTECTION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [50]
Opinion/Order [51]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-12-221COMPLAINT against U.S. CUSTOMS AND BORDER PROTECTION ( Filing fee $ 402 receipt number 0313-14799880.), filed by Karen L. Hoffmann. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form)(HOFFMANN, KAREN) Modified on 12/22/2020 (fb). (Entered: 12/22/2020)
2020-12-23Summons Issued as to U.S. CUSTOMS AND BORDER PROTECTION, U.S. Attorney and U.S. Attorney General E-MAILED To: COUNSEL on 12/23/2020. SUMMONS ISSUED TO AUSA ON 12/23/2020. (bw, ) (Entered: 12/23/2020)
2020-12-282Acceptance of Service by U.S. Attorney Re: accepted summons and complaint on behalf of the United States Attorney (only). (rf, ) (Entered: 12/28/2020)
2021-01-263STIPULATION re 1 Complaint (Attorney), and Proposed Order for the Extension of Time by U.S. CUSTOMS AND BORDER PROTECTION. (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL). (GILL, ERIC) Modified on 1/27/2021 (fb). (Entered: 01/26/2021)
2021-01-274STIPULATION AND ORDER FOR THE EXTENSION OF TIME. SIGNED BY HONORABLE ANITA B. BRODY ON 1/27/21. 1/27/21 ENTERED AND COPIES E-MAILED.(jwl, ) (Entered: 01/27/2021)
2021-02-225STIPULATION AND PROPOSED ORDER FOR THE EXTENSION OF TIME. SIGNED BY HONORABLE ANITA B. BRODY ON 2/22/21. 2/22/21 ENTERED AND COPIES E-MAILED.(jwl, ) (Entered: 02/22/2021)
2021-03-036STIPULATION AND ORDER FOR THE EXTENSION OF TIME. SIGNED BY HONORABLE ANITA B. BRODY ON 3/2/21. 3/3/21 ENTERED AND COPIES E-MAILED.(jwl, ) (Entered: 03/03/2021)
2021-03-157STIPULATION AND ORDER FOR THE EXTENSION OF TIME. SIGNED BY HONORABLE ANITA B. BRODY ON 3/15/21. 3/15/21 ENTERED AND COPIES MAILED AND E-MAILED.(jwl, ) (Main Document 7 replaced on 3/15/2021) (jwl, ). (Entered: 03/15/2021)
2021-04-138STIPULATION AND ORDER FOR THE EXTENSION OF TIME. SIGNED BY HONORABLE ANITA B. BRODY ON 4/12/21. 4/13/21 ENTERED AND COPIES E-MAILED.(jwl, ) (Entered: 04/13/2021)
2021-05-269STIPULATION AND ORDER FOR THE EXTENSION OF TIME. SIGNED BY HONORABLE ANITA B. BRODY ON 5/26/21. 5/26/21 ENTERED AND COPIES E-MAILED.(jwl, ) (Entered: 05/26/2021)
2021-06-2810STIPULATION AND ORDER THAT U.S. CUSTOMS AND BORDER PROTECTION TIME TO ANSWER THE COMPLAINT IS EXTENDED TO 7/14/21; ETC.. SIGNED BY HONORABLE ANITA B. BRODY ON 6/28/21. 6/28/21 ENTERED AND E-MAILED.(JL ) (Entered: 06/28/2021)
2021-07-1511STIPULATION AND ORDER FOR THE EXTENSION OF TIME. SIGNED BY HONORABLE ANITA B. BRODY ON 7/15/21. 7/15/21 ENTERED AND COPIES E-MAILED.(jwl, ) (Entered: 07/15/2021)
2021-08-0412DEFENDANT'S ANSWER to Complaint by U.S. CUSTOMS AND BORDER PROTECTION.(GILL, ERIC) (Entered: 08/04/2021)
2021-08-0413NOTICE of Hearing: RULE 16 TELEPHONE CONFERENCE SET FOR 9/23/2021 AT 02:00 PM BEFORE HONORABLE ANITA B. BRODY.(jwl, ) (Entered: 08/04/2021)
2021-09-1614Discovery Plan by Karen L. Hoffmann.(HOFFMANN, KAREN) (Entered: 09/16/2021)
2021-09-2315Minute Entry for proceedings held before HONORABLE ANITA B. BRODY Pretrial/ RULE 16 Conference held on 9/23/21. (JL ) (Entered: 09/23/2021)
2021-09-2416ORDER SETTING AFFIDAVIT DEADLINE. SIGNED BY HONORABLE ANITA B. BRODY ON 9/24/21. 9/24/21 ENTERED AND COPIES E-MAILED.(jwl, ) (Entered: 09/24/2021)
2021-10-1517STIPULATION AND ORDER THAT DEFENDANT NEEDS AN ADDITIONAL 14 DAYS TO PROVIDE THE REQUIRED DECLARATION. ACCORDINGLY, DEFENDANT REQUESTS THAT IT HAVE BEEN AN EXTENSION--UP TO AND INLCUDING 10/29/21-TO COMPLY WITH THE COURT'S SEPTEMBER 24 ORDER. PLAINTIFF CONSENTS TO THIS REQUEST; ETC.. SIGNED BY HONORABLE ANITA B. BRODY ON 10/15/21. 10/15/21 ENTERED AND E-MAILED.(JL ) (Entered: 10/15/2021)
2021-10-1518ORDER THAT ON OR BEFORE 10/29/21, DEFENDANT U.S. CUSTOMS AND BORDER PROTECTION WILL PRODUCE TO PLAINTIFF A DECLARATION DESCRIBING DEFENDANT'S EFFORTS TO SEARCH FOR AND TO PRODUCE AGENCY RECORDS RESPONSIVE TO PLAINTIFF'S FOIA REQUEST. DEFENDANT WILL ALSO CHAMBERS A COPY OF THE DECLARATION FOR THE COURT'S IN CAMERA REVIEW. THE COURT WILL THEN SCHEDULE A TELECONFERENCE TO HEAR THE PARTIES POSITIONS REGARDING THE BEST COURSE FOR ADDITIONAL PRETRIAL PROCEEDINGS, IF ANY, IN THIS CASE; ETC.. SIGNED BY HONORABLE ANITA B. BRODY ON 10/15/21. 10/15/21 ENTERED AND E-MAILED.(JL ) (Entered: 10/15/2021)
2021-10-2919STIPULATION AND ORDER FOR THE EXTENSION OF TIME TO FILE DECLARATION. SIGNED BY HONORABLE ANITA B. BRODY ON 10/29/21. 10/29/21 ENTERED AND COPIES E-MAILED.(jwl, ) (Entered: 10/29/2021)
2021-11-1520STIPULATION AND ORDER FOR THE EXTENSION OF TIME TO PRODUCE DOCUMENTS. SIGNED BY HONORABLE ANITA B. BRODY ON 11/15/21. 11/15/21 ENTERED AND COPIES E-MAILED.(jwl, ) (Entered: 11/15/2021)
2021-11-1521NOTICE of Hearing: TELEPHONE STATUS CONFERENCE SET FOR 12/14/2021 AT 10:30 AM BEFORE HONORABLE ANITA B. BRODY.(jwl, ) (Entered: 11/15/2021)
2021-12-1422NOTICE of Hearing: STATUS CONFERENCE SET FOR 3/9/2022 10:30 AM IN Courtroom 7B BEFORE HONORABLE ANITA B. BRODY.(jwl, ) (Entered: 12/14/2021)
2021-12-1423Minute Entry for proceedings held before HONORABLE ANITA B. BRODY TELEPHONE Status Conference held on 12/14/21. Court Reporter: ESR. (JL ) (Entered: 12/14/2021)
2022-01-1924MOTION for Pro Hac Vice Admission for Adam Snyder filed by Karen L. Hoffmann.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(HOFFMANN, KAREN) (RECEIPT #15675581 $40.00) (Entered: 01/19/2022)
2022-01-2725ORDER THAT THE APPLICATION OF ADAM SNYDER TO APPEAR PRO HAC VICE IS GRANTED; ETC.. SIGNED BY HONORABLE ANITA B. BRODY ON 1/27/22. 1/27/22 ENTERED AND E-MAILED.(JL) (Entered: 01/27/2022)
2022-01-3126Request for Entry of Appearance of Adam Snyder as Counsel by Karen L. Hoffmann. (Attachments: # 1 Certificate of Service Certificate of Service re Appearance of AKS)(SNYDER, ADAM) (Entered: 01/31/2022)
2022-02-2527NOTICE of Hearing: STATUS VIDEO CONFERENCE SET FOR 3/9/2022 AT 10:30 AM BEFORE HONORABLE ANITA B. BRODY.(jwl) (Entered: 02/25/2022)
2022-03-0928NOTICE of Hearing: STATUS CONFERENCE SET FOR 4/19/2022 AT 10:30 AM IN Judge's Chambers BEFORE HONORABLE ANITA B. BRODY.(jwl) (Entered: 03/09/2022)
2022-03-0929Minute Entry for proceedings held before HONORABLE ANITA B. BRODY VIDEO Status Conference held on 3/9/22. (JL) (Entered: 03/09/2022)
2022-04-1130NOTICE of Hearing: CONFERENCE RESCHEDULED FOR 5/31/2022 AT 1:00 PM IN Courtroom 7B BEFORE HONORABLE ANITA B. BRODY.(jwl) (Entered: 04/11/2022)
2022-05-2631SCHEDULING ORDER: Any summary judgment motions are due on or before July 15, 2022. Responses in opposition are due on or before August 5, 2022. Any replies are due on or before August 15, 2022. Any surreplies are due on or before August 25, 2022. SIGNED BY HONORABLE ANITA B. BRODY ON 5/26/22. 5/26/22 ENTERED AND COPIES E-MAILED.(jwl) (Entered: 05/26/2022)
2022-05-2632NOTICE re: Cancellation of Hearing(jwl) (Entered: 05/26/2022)
2022-07-1533MOTION for Extension of Time to File Summary Judgment filed by U.S. CUSTOMS AND BORDER PROTECTION.Memorandum, Certificate of Service.(GILL, ERIC) (Entered: 07/15/2022)
2022-07-1734ORDER granting 33 MOTION FOR EXTENSION OF TIME TO FILE. SIGNED BY HONORABLE ANITA B. BRODY ON 7/15/22.7/17/22 ENTERED AND COPIES E-MAILED.(jwl) (Entered: 07/17/2022)
2022-07-2935MOTION for Summary Judgment filed by U.S. CUSTOMS AND BORDER PROTECTION.Memorandum, Certificate of Service. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6)(GILL, ERIC) (Entered: 07/29/2022)
2022-08-2636RESPONSE in Opposition re 35 MOTION for Summary Judgment filed by Karen L. Hoffmann. (Attachments: # 1 Exhibit Exhibit 1 to Response in Opposition, # 2 Exhibit Exhibit 2 to Response in Opposition)(SNYDER, ADAM) (Entered: 08/26/2022)
2022-08-2737Cross MOTION for Summary Judgment filed by Karen L. Hoffmann.Memorandum of Law, Certificate of Service. (Attachments: # 1 Exhibit Exhibit 1 to Plaintiff's Motion for Summary Judgment, # 2 Exhibit Exhibit 2 to Plaintiff's Motion for Summary Judgment, # 3 Exhibit Exhibit 3 to Plaintiff's Motion for Summary Judgment, # 4 Exhibit Exhibit 4 to Plaintiff's Motion for Summary Judgment, # 5 Declaration Declaration of Plaintiff Karen Hoffmann)(SNYDER, ADAM) (Entered: 08/27/2022)
2022-09-2338RESPONSE in Support re 35 MOTION for Summary Judgment and Opposition to Plaintiff's Summary Judgment Motion filed by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Exhibit 1)(GILL, ERIC) (Entered: 09/23/2022)
2022-10-1139REPLY to Response to Motion re 37 Cross MOTION for Summary Judgment , 35 MOTION for Summary Judgment Sur-Reply filed by Karen L. Hoffmann. (Attachments: # 1 Exhibit Exhibit 1 to Plaintiff's Reply in Support of her Motion for Summary Judgment, # 2 Exhibit Exhibit 2 to Plaintiff's Reply in Support of her Motion for Summary Judgment)(SNYDER, ADAM) (Entered: 10/11/2022)
2022-10-1240EXHIBIT 3 to ECF No. 39 by Karen L. Hoffmann.. (SNYDER, ADAM) (Entered: 10/12/2022)
2022-11-0241Letter dated 11-02-2022 by Karen L. Hoffmann. (SNYDER, ADAM) (Entered: 11/02/2022)
2023-04-0642NOTICE of Hearing on Motion 35 MOTION for Summary Judgment , 37 Cross MOTION for Summary Judgment : ORAL ARGUMENT SET FOR 4/18/2023 AT 10:30 AM IN Judge's Chambers BEFORE HONORABLE ANITA B. BRODY.(jwl) (Entered: 04/06/2023)
2023-04-1243NOTICE of Hearing on Motion 35 MOTION for Summary Judgment , 37 Cross MOTION for Summary Judgment : MOTION HEARING SET FOR 4/18/2023 at 10:30 AM IN Courtroom 16A BEFORE HONORABLE ANITA B. BRODY.(jwl) (Entered: 04/12/2023)
2023-04-1844NOTICE of Hearing on Motion 35 MOTION for Summary Judgment , 37 Cross MOTION for Summary Judgment : MOTION HEARING SET FOR 4/18/2023 10:30 AM IN Courtroom 17B BEFORE HONORABLE ANITA B. BRODY.(jwl) (Entered: 04/18/2023)
2023-04-1845Minute Entry for proceedings held before HONORABLE ANITA B. BRODYin Courtroom 17B. Re: An In-Person Conference was held on 4/18/23. Court Reporter: ESR. (fdc) (Entered: 04/18/2023)
2023-04-1846Minute Entry for proceedings held before HONORABLE ANITA B. BRODY Motion Hearing held on 4/18/23 re 37 Cross MOTION for Summary Judgment filed by Karen L. Hoffmann, 35 MOTION for Summary Judgment filed by U.S. CUSTOMS AND BORDER PROTECTION Court Reporter: ESR. (JL) Modified on 4/18/2023 (jl). (DUPLICATE FILING) (Entered: 04/18/2023)
2023-04-2047ORDER THAT ON OR BEFORE WEDNESDAY, MAY 10, 2023 PLAINTIFF MUST FILE A CLEAR AND CONCISE STATEMENT OF HER POSITION AS TO THE ISSUES BELOW. THE GOVERNMENT MUST RESPOND ON OR BEFORE WEDNESDAY, MAY 24, 2023 TO PLAINTIFFS STATEMENT. SIGNED BY HONORABLE ANITA B. BRODY ON 4/20/23. 4/20/23 ENTERED AND COPIES E-MAILED.(jwl) (Entered: 04/20/2023)
2023-05-1048Letter dated 05-10-2023 by Karen L. Hoffmann. (Attachments: # 1 Exhibit NARA letter to CBP referenced)(SNYDER, ADAM) (Entered: 05/10/2023)
2023-05-2449Response to Plaintiff's Statement of Interest re 48 Letter by U.S. CUSTOMS AND BORDER PROTECTION. (GILL, ERIC) (Entered: 05/24/2023)
2023-06-2850MEMORANDUM re: Defendant's Motion for Summary Judgment is DENIED WITHOUT PREJUDICE. Plaintiffs Cross-Motion for Summary Judgment is GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE ANITA B. BRODY ON 6/28/23. 6/28/23 ENTERED AND COPIES E-MAILED.(jwl) (Entered: 06/28/2023)
2023-06-2851ORDER granting 35 Defendant's Motion for Summary Judgment and granting in part and denying in part 37 Plaintiff's Cross-Motion for Summary Judgment. SIGNED BY HONORABLE ANITA B. BRODY ON 6/28/23. 6/28/23 ENTERED AND COPIES E-MAILED.(jwl) (Entered: 06/28/2023)
2023-09-2952STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (GILL, ERIC) (Entered: 09/29/2023)
2023-10-0253STATUS REPORT ORDER Status Report due by 11/15/2023. SIGNED BY HONORABLE ANITA B. BRODY ON 10/2/23. 10/2/23 ENTERED AND COPIES E-MAILED.(jwl) (Entered: 10/02/2023)
2023-11-1554STATUS REPORT (Joint) and Req for Ext of Time to Comply with June 28, 2023 Order by U.S. CUSTOMS AND BORDER PROTECTION. (GILL, ERIC) (Entered: 11/15/2023)
2023-11-2055STATUS REPORT ORDER Status Report due by 1/16/2024. SIGNED BY HONORABLE ANITA B. BRODY ON 11/20/23. 11/20/23 ENTERED AND COPIES E-MAILED.(jwl) (Entered: 11/20/2023)
2024-01-1656STATUS REPORT (Joint) by U.S. CUSTOMS AND BORDER PROTECTION. (GILL, ERIC) (Entered: 01/16/2024)
2024-01-1857STATUS REPORT ORDER Status Report due by 3/1/2024. SIGNED BY HONORABLE ANITA B. BRODY ON 1/17/24. 1/18/24 ENTERED AND COPIES E-MAILED.(jwl) (Entered: 01/18/2024)
2024-03-0158STATUS REPORT Joint (Fourth) by U.S. CUSTOMS AND BORDER PROTECTION. (GILL, ERIC) (Entered: 03/01/2024)
2024-04-0259STATUS REPORT ORDER Status Report due by 4/10/2024. SIGNED BY DISTRICT JUDGE ANITA B. BRODY ON 4/2/24. 4/2/24 ENTERED AND COPIES E-MAILED.(jwl) (Entered: 04/02/2024)
2024-04-0860STATUS REPORT (Fifth Joint Status Report) by Karen L. Hoffmann. (SNYDER, ADAM) (Entered: 04/08/2024)
2024-05-0161STATUS REPORT Sixth Joint Status Report by Karen L. Hoffmann. (SNYDER, ADAM) (Entered: 05/01/2024)
2024-05-0362Briefing Schedule 5/3/24 Entered and copies E-mailed. (jwl) (Entered: 05/03/2024)
2024-06-0363Statement Regarding Unresolved Issues by Karen L. Hoffmann. (Attachments: # 1 Exhibit Exhibit 1 Bustos Declaration, # 2 Exhibit Exhibit 2 Guedea Declaration, # 3 Exhibit Exhibit 3 Labiosa Declaration, # 4 Exhibit Exhibit 4 Supplemental Bustos Declaration)(SNYDER, ADAM) (Entered: 06/03/2024)
2024-07-0164Statement in Response to Plaintiff's Statement re Unresolved Issues by U.S. CUSTOMS AND BORDER PROTECTION. (GILL, ERIC) (Entered: 07/01/2024)
2024-07-1665SCHEDULING ORDER: 1. September 13, 2024 -- Agencys summary judgment motion 2. October 11, 2024 Plaintiffs opposition to summary judgment 3. October 25, 2024 Agencys reply memorandum. SIGNED BY DISTRICT JUDGE ANITA B. BRODY ON 7/16/24. 7/16/24 ENTERED AND COPIES E-MAILED.(jwl) (Entered: 07/16/2024)
2024-09-1066MOTION for Extension of Time to File Summary Judgment Motion filed by U.S. CUSTOMS AND BORDER PROTECTION.Certificate of Service.(GILL, ERIC) (Entered: 09/10/2024)
2024-09-1267ORDER: 1.Defendants deadline to file a summary judgment motion is extended through and including November 8, 2024. 2.Plaintiff Karen Hoffmans deadline to file an opposition to Defendants summary judgment motion is extended through and including December 6, 2024. 3.Defendants deadline to file a reply is extended through and including December 20, 2024. SIGNED BY DISTRICT JUDGE ANITA B. BRODY ON 9/12/24. 9/12/24 ENTERED AND COPIES E-MAILED.(jwl) (Entered: 09/12/2024)
2024-09-1868NOTICE of Appearance by PETER CARR on behalf of U.S. CUSTOMS AND BORDER PROTECTION with Certificate of Service(CARR, PETER) (Entered: 09/18/2024)
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