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Case TitleTKACHUK v. U.S. CUSTOMS AND BORDER PROTECTION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv00679
Date Filed2022-03-11
Date Closed2022-09-05
JudgeJudge Timothy J. Kelly
PlaintiffSOFIYA TKACHUK
Case DescriptionSofiya Tkachuk submitted a FOIA request to U.S. Customs and Border Protection for records concerning video, audio and other records of the agency's decision to deny Tkachuk entry into the United States at LAX International Airport. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Tkachuk filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. CUSTOMS AND BORDER PROTECTION Office of the General Counsel
DefendantU.S. DEPARTMENT OF HOMELAND SECURITY Office of the General Counsel
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

2022-03-111COMPLAINT against U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 402 receipt number ADCDC-9099803) filed by SOFIYA TKACHUK. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Civil Cover Sheet, # 4 Summons CBP, # 5 Summons DHS)(Klasko, H.) (Attachment 3 replaced on 3/22/2022) (znmw). (Entered: 03/11/2022)
2022-03-14Case Assigned to Judge Timothy J. Kelly. (zmh) (Entered: 03/14/2022)
2022-03-14NOTICE OF ERROR re 1 Complaint; emailed to rklasko@klaskolaw.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zmh, ) (Entered: 03/14/2022)
2022-03-152SUMMONS (2) Issued Electronically as to All Defendants (Attachment: # 1 Notice and Consent)(zmh) (Entered: 03/15/2022)
2022-03-153REQUEST FOR SUMMONS TO ISSUE filed by SOFIYA TKACHUK. (Attachments: # 1 Summons Civil Process Clerk)(Klasko, H.) (Entered: 03/15/2022)
2022-03-174SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General. (ztth) (Entered: 03/17/2022)
2022-04-155NOTICE of Appearance by Stephanie R. Johnson on behalf of U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY (Johnson, Stephanie) (Entered: 04/15/2022)
2022-04-206RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/30/2022. Answer due for ALL FEDERAL DEFENDANTS by 4/29/2022. (Klasko, H.) (Entered: 04/20/2022)
2022-04-207RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/30/2022. (Klasko, H.) (Entered: 04/20/2022)
2022-04-208RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 3/29/2022 (Klasko, H.) (Entered: 04/20/2022)
2022-04-209RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 3/24/2022 (Klasko, H.) (Entered: 04/20/2022)
2022-04-2910Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Johnson, Stephanie) (Entered: 04/29/2022)
2022-05-05MINUTE ORDER granting Defendants' 10 Consent Motion for an Extension of Time to File a Response to Plaintiffs Complaint. It is hereby ORDERED, nunc pro tunc and for good cause shown, that Defendants' 10 Consent Motion is GRANTED. It is further ORDERED that Defendants shall answer or otherwise respond to Plaintiff's complaint by May 16, 2022. Signed by Judge Timothy J. Kelly on 05/05/2022. (lctjk2) (Entered: 05/05/2022)
2022-05-1311ANSWER to Complaint by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY.(Johnson, Stephanie) (Entered: 05/13/2022)
2022-05-1312STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Johnson, Stephanie) (Entered: 05/13/2022)
2022-05-17MINUTE ORDER: Upon consideration of Defendants' 12 Status Report, it is hereby ORDERED that the parties shall file a joint status report by June 30, 2022, including, if applicable, a proposed schedule for briefing or disclosure. Signed by Judge Timothy J. Kelly on 05/17/2022. (lctjk2) (Entered: 05/17/2022)
2022-06-3013Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Johnson, Stephanie) (Entered: 06/30/2022)
2022-07-01MINUTE ORDER: Upon consideration of the parties' 13 Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by July 29, 2022, updating the Court on the status of Plaintiff's FOIA request to U.S. Citizenship and Immigration Services and setting forth the parties' position(s) on how this case should proceed. Signed by Judge Timothy J. Kelly on 07/01/2022. (lctjk2) (Entered: 07/01/2022)
2022-07-2914Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Johnson, Stephanie) (Entered: 07/29/2022)
2022-07-30MINUTE ORDER: Upon consideration of the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by August 24, 2022, updating the Court on the status of Plaintiff's FOIA request to U.S. Citizenship and Immigration Services and setting forth the parties' position(s) on how this case should proceed. Signed by Judge Timothy J. Kelly on 07/30/2022. (lctjk2) (Entered: 07/30/2022)
2022-08-2415Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Johnson, Stephanie) (Entered: 08/24/2022)
2022-08-2416MOTION for Leave to File Amended Complaint by SOFIYA TKACHUK. (Attachments: # 1 Exhibit First Amended Complaint, # 2 Exhibit Exhibit C to First Amended Complaint)(Klasko, H.) (Entered: 08/24/2022)
2022-08-25MINUTE ORDER denying without prejudice Plaintiff's 16 Motion for Leave to Amend Pleadings. Under LCvR 7(m), "[b]efore filing any nondispositive motion in a civil action," counsel must "discuss the anticipated motion with opposing counsel in a good-faith effort to determine whether there is any opposition to the relief sought and, if there is, to narrow the areas of disagreement." Further, the movant must "include in its motion a statement that the required discussion occurred, and a statement as to whether the motion is opposed." Plaintiff's 16 Motion does not contain the statement required by LCvR 7(m). Thus, it is hereby ORDERED that Plaintiff's 16 Motion is DENIED WITHOUT PREJUDICE. Signed by Judge Timothy J. Kelly on 08/25/2022. (lctjk2) (Entered: 08/25/2022)
2022-08-25MINUTE ORDER: Upon consideration of the parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by October 3, 2022 setting forth the parties' position(s) on how this case should proceed. Signed by Judge Timothy J. Kelly on 08/25/2022. (lctjk2) (Entered: 08/25/2022)
2022-09-0217First MOTION to Dismiss by SOFIYA TKACHUK. (Attachments: # 1 Text of Proposed Order)(Klasko, H.) (Entered: 09/02/2022)
2022-09-05MINUTE ORDER: Plaintiff has filed a 17 Joint Motion to Dismiss Without Prejudice, which the parties each signed and in which they "stipulate[] to dismiss this action as moot." ECF No. 17 at 1-2. Under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the "plaintiff may dismiss an action without a court order by filing... a stipulation of dismissal signed by all parties who have appeared." The Court construes the 17 Joint Motion as a stipulation of dismissal without prejudice under Rule 41(a)(1)(A)(ii). Thus, the Clerk of the Court is directed to close this case. Signed by Judge Timothy J. Kelly on 09/05/2022. (lctjk2) (Entered: 09/05/2022)
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