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Case TitleAdvocates for Basic Legal Equality, Inc. et al v. U.S. Customs and Border Protection
DistrictNorthern District of Ohio
CityToledo
Case Number3:2022cv00149
Date Filed2022-01-28
Date Closed2023-12-06
JudgeJudge James R. Knepp II
PlaintiffAdvocates for Basic Legal Equality, Inc.
PlaintiffAmerican Immigration Council
Case DescriptionAdvocates for Basic Legal Equality and the American Immigration Council submitted three FOIA requests to U.S. Customs and Border Protection for records concerning policies and communications pertaining to the Sandusky Bay Station Border Patrol Station in Port Clinton, Ohio. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, ABLE filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

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
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-01-281Complaint against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-11244032.. Filed by Advocates for Basic Legal Equality, Inc. and American Immigration Council. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit CBP FOIA CBP-2021-041935 Policies, # 3 Exhibit REVISED CBP FOIA CBP-2021-041935 Policies, # 4 Exhibit CBP FOIA CBP-2021-041913 Communications, # 5 Exhibit REVISED FOIA CBP-2021-041913 Communications, # 6 Exhibit CBP FOIA CBP-2021-041934 Forms, # 7 Exhibit Apprehension Log with unredacted Arrest Method column) (Heller, Mark) (Entered: 01/28/2022)
2022-01-28Judge James R. Knepp II assigned to case. (S,DM) (Entered: 01/28/2022)
2022-01-28Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Darrell A. Clay. (S,DM) (Entered: 01/28/2022)
2022-01-282Magistrate Consent Form issued. Summons were not attached and were not issued. (S,DM) (Entered: 01/28/2022)
2022-01-28Notice re Prompt Service. Counsel for Plaintiff is responsible for promptly serving the Complaint on Defendant(s) upon receiving the issued summons from the Clerk and, after service has been perfected, electronically filing a Return of Service or an executed Waiver of Service for each Defendant. Service is to be accomplished pursuant to Fed. R. Civ. P. 4, which includes provisions for personal service and waiver of service, and Local Rule 4.2. If you wish the Clerk to serve the Complaint on Defendant(s) (a seldom used alternative because it does not save time or money), you must provide the Clerk's office with copies of the Complaint along with other necessary documents, in the manner set forth in Local Rule 4.2(a). (S,DM) (Entered: 01/28/2022)
2022-01-283Praecipe for issuance of Summons filed by All Plaintiffs. (Attachments: # 1 Summons U.S. Customs and Border Protection Office of Chief Counsel, # 2 Summons N.D. Ohio U.S. Attorney Brennan, # 3 Summons U.S. Attorney General Garland)(Heller, Mark) (Entered: 01/28/2022)
2022-01-284Original Summons issued for service upon U.S. Customs and Border Protection. (R,EM) (Entered: 01/28/2022)
2022-01-28Service by Clerk. Summons and Complaint addressed to U.S. Customs and Border Protection Receipt # 7020 1290 0000 0234, Merrick Garland-U.S. Attorney General Receipt # 7020 1290 0000 0234 9085 and Bridget Brennan-U.S. Attorney for the Northern District of Ohio Receipt # 70201290 0000 0234 9122 placed in U.S. Mail. Type of service: certified mail. (R,EM) (Entered: 01/28/2022)
2022-02-075Return of Service by Clerk by Certified Mail executed upon Bridget Brennan U.S. Attorney for the Northern District of Ohio on 2/2/2022 filed on behalf of Advocates for Basic Legal Equality, Inc.; American Immigration Council (K,AR) (Entered: 02/07/2022)
2022-02-146Return of Service by Clerk by Certified Mail executed upon Merrick Garland, U.S. Attorney General on 2/7/2022 filed on behalf of Advocates for Basic Legal Equality, Inc., American Immigration Council Related document(s) 4 . (H,JL) (Entered: 02/14/2022)
2022-03-087Motion for extension of time until April 23, 2022 to answer or otherwise respond to Plaintiffs Complaint filed by Defendant U.S. Customs and Border Protection. Related document(s) 1 . (Bridges, Angelita) (Entered: 03/08/2022)
2022-03-09Order [non-document] granting Defendant's 7 Motion for Extension of Time to Answer. U.S. Customs and Border Protection Answer due 4/25/2022. Judge James R. Knepp II on 3/9/2022. (B,JL) (Entered: 03/09/2022)
2022-04-228Motion for extension of time until May 23, 2022 to answer or otherwise respond to Plaintiffs Complaint filed by Defendant U.S. Customs and Border Protection. Related document(s) 1 ,. (Bridges, Angelita) (Entered: 04/22/2022)
2022-04-259Opposition to 8 Motion for extension of time until May 23, 2022 to answer or otherwise respond to Plaintiffs Complaint filed by All Plaintiffs. (Heller, Mark) (Entered: 04/25/2022)
2022-04-2610Notice of withdrawal of counsel Emily Brown filed by All Plaintiffs. (Brown, Emily) (Entered: 04/26/2022)
2022-04-26Order [non-document] granting Defendant's 8 Motion for Extension of Time to Answer. U.S. Customs and Border Protection Answer due 5/23/2022. NO FURTHER EXTENSIONS WILL BE GRANTED. Judge James R. Knepp II on 4/26/2022. (B,JL) (Entered: 04/26/2022)
2022-05-2311Answer to 1 Complaint,, filed by U.S. Customs and Border Protection. (Bridges, Angelita) (Entered: 05/23/2022)
2022-05-2412Case Management Conference Scheduling Order: Case Management Conference to be held via telephone on 6/3/2022 at 1:00 PM before Judge James R. Knepp II. The conference will convene on the Court's bridge line with dial-in access information to be provided to parties in advance of the call. Judge James R. Knepp II on 5/24/2022. (B,JL) (Attachments: # 1 Report of Parties' Planning Meeting) (Entered: 05/24/2022)
2022-05-2513Amended Answer to 1 Complaint,, filed by U.S. Customs and Border Protection. (Bridges, Angelita) (Entered: 05/25/2022)
2022-05-2614Motion for attorney Emily J. Creighton to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11442038, filed by Advocates for Basic Legal Equality, Inc., American Immigration Council. (Attachments: # 1 Exhibit Certificate of Good Standing in District of Columbia)(Heller, Mark - s/Emily Creighton) Modified text on 5/27/2022 (M,TL). (Entered: 05/26/2022)
2022-05-3115Report of Parties' Planning Meeting of May 27, 2022 - parties do not consent to this case being assigned to the magistrate judge, filed by All Plaintiffs. (Heller, Mark) (Entered: 05/31/2022)
2022-06-02Order [non-document] granting Plaintiffs' 14 Motion for appearance pro hac vice by attorney Emily J. Creighton for Advocates for Basic Legal Equality, Inc. and American Immigration Council. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge James R. Knepp II on 6/2/2022. (B,JL) (Entered: 06/02/2022)
2022-06-03Minutes of Case Management Conference [non-document] held via telephone on 6/3/2022 before Judge James R. Knepp II. Plaintiffs appeared by attorneys Emily J. Creighton, Eugenio Mollo, Jr., Kathleen C. Kersh, and Mark R. Heller; Defendant appeared by attorney Lisa Hammond Johnson. Case Management Conference Order to follow. Time: 15 minutes. (B,JL) (Entered: 06/03/2022)
2022-06-0316Case Management Conference Order. Case is assigned to proceed on the standard track. Discovery cut-off dates: Plaintiffs' expert disclosures by 10/15/2022; Defendant's expert disclosures by 11/15/2022; Liability and Damages by 9/2/2022. Parties to be Joined and Pleading Amendments due by 6/3/2022. Dispositive motions by 12/15/2022. Judge James R. Knepp II on 6/3/2022. (B,JL) (Entered: 06/03/2022)
2022-08-0417Notice of Withdrawal of Counsel Eugenio Mollo, Jr. filed by All Plaintiffs. (Mollo, Eugenio) (Entered: 08/04/2022)
2022-12-19Order: [non-document] Parties to file Joint Status Report by 1/17/2023. Judge James R. Knepp II on 12/19/2022. (B,JL) (Entered: 12/19/2022)
2023-01-1718Joint Status Report filed by All Plaintiffs. (Heller, Mark) (Entered: 01/17/2023)
2023-01-18Order: [non-document] Parties to file a joint status report by 3/15/2023, providing the Court with an update as to the status of negotiations regarding attorneys' fees. Judge James R. Knepp II on 1/18/2023. (B,JL) (Entered: 01/18/2023)
2023-03-1419Joint Status Report filed by All Plaintiffs. (Heller, Mark) (Entered: 03/14/2023)
2023-03-14Order: [non-document] Parties to file Joint Status Report by 4/14/2023. Judge James R. Knepp II on 3/14/2023. (B,JL) (Entered: 03/14/2023)
2023-04-1320Joint Status Report filed by All Plaintiffs. (Heller, Mark) (Entered: 04/13/2023)
2023-04-13Order [non-document] Parties to file a joint status report by 6/12/2023, providing the Court with an update as to the status of negotiations regarding attorneys' fees. Judge James R. Knepp II on 4/13/2023. (B,JL) (Entered: 04/13/2023)
2023-06-1221Joint Status Report filed by All Plaintiffs. (Heller, Mark) (Entered: 06/12/2023)
2023-06-16Order: [non-document] Parties to file a joint status report by 8/11/2023, providing the Court with an update as to the status of negotiations regarding attorneys' fees. Judge James R. Knepp II on 6/16/2023. (B,JL) (Entered: 06/16/2023)
2023-08-1022Joint Status Report filed by All Plaintiffs. (Kersh, Kathleen) (Entered: 08/10/2023)
2023-08-10Order: [non-document] Parties to file dismissal entry or a joint status report by 10/11/2023. Judge James R. Knepp II on 8/10/2023. (B,JL) (Entered: 08/10/2023)
2023-10-1123Joint Status Report filed by All Defendants. (Bridges, Angelita) (Entered: 10/11/2023)
2023-10-16Order: [non-document] Parties to file dismissal entry within 90 days. Judge James R. Knepp II on 10/16/2023. (B,JL) (Entered: 10/16/2023)
2023-10-1824Motion by Emily Creighton to withdraw as attorney filed by Plaintiff American Immigration Council. (Creighton, Emily) (Entered: 10/18/2023)
2023-10-19Order [non-document] granting Plaintiffs' 24 Motion to withdraw as attorney. Attorney Emily J. Creighton removed from case. Judge James R. Knepp II on 10/19/2023. (B,JL) (Entered: 10/19/2023)
2023-12-0525Joint Proposed Stipulation of Dismissal filed by All Plaintiffs. (Heller, Mark) (Entered: 12/05/2023)
2023-12-0626Stipulation and Order dismissing case with prejudice , with each party to bear its own attorneys' fees, costs, and expenses except as otherwise agreed, in writing, in an instrument duly executed by the Parties. Judge James R. Knepp II on 12/6/2023. (B,JL) (Entered: 12/06/2023)
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by FOIA Project Staff
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