| Date Filed | Doc # | Docket Text |
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| 2022-05-11 | 1 | COMPLAINT against CUSTOMS AND BORDER PATROL ( Filing fee $ 402 receipt number ADCDC-9229143) filed by AL OTRO LADO, INC. (Attachments: # 1 Civil Cover Sheet Civil cover sheet, # 2 Summons Summonses)(Zota, Sejal) (Entered: 05/11/2022) |
| 2022-05-12 | 2 | LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AL OTRO LADO, INC (Zota, Sejal) (Entered: 05/12/2022) |
| 2022-05-12 | | Case Assigned to Judge Colleen Kollar-Kotelly. (zsb) (Entered: 05/12/2022) |
| 2022-05-12 | 3 | SUMMONS (3) Issued Electronically as to U.S. CUSTOMS AND BORDER PROTECTION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 05/12/2022) |
| 2022-05-12 | 4 | MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeremy Jong, Filing fee $ 100, receipt number ADCDC-9234034. Fee Status: Fee Paid. by AL OTRO LADO. (Attachments: # 1 Declaration PHV declaration, # 2 Text of Proposed Order Proposed order)(Zota, Sejal) (Entered: 05/12/2022) |
| 2022-05-14 | | MINUTE ORDER granting 4 Motion for Leave to Appear Pro Hac Vice as to Jeremy Jong conditional upon counsel Jong filing a declaration by May 27, 2022 stating that he has reviewed and is familiar with the Local Rules of this court. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a) Click for instructions . Signed by Judge Colleen Kollar-Kotelly on May 14 2022. (lcckk1) (Entered: 05/14/2022) |
| 2022-05-16 | 5 | ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 5/16/2022. (DM) (Entered: 05/16/2022) |
| 2022-05-26 | 6 | NOTICE of Appearance by Jeremy Jong on behalf of AL OTRO LADO (Attachments: # 1 Declaration Declaration of Jeremy Jong)(Jong, Jeremy) (Entered: 05/26/2022) |
| 2022-06-28 | 7 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/21/2022. (Jong, Jeremy) (Main Document 7 replaced on 6/28/2022) (znmw). (Entered: 06/28/2022) |
| 2022-06-28 | 8 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/21/2022. Answer due for ALL FEDERAL DEFENDANTS by 7/21/2022. (Jong, Jeremy) (Main Document 8 replaced on 6/28/2022) (znmw). Modified on 6/28/2022 to correct date of service and answer deadline. (znmw). (Entered: 06/28/2022) |
| 2022-06-28 | 9 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 6/23/2022 (Jong, Jeremy) (Entered: 06/28/2022) |
| 2022-07-25 | 10 | ANSWER to Complaint by U.S. CUSTOMS AND BORDER PROTECTION.(Tilghman, Michael) (Entered: 07/25/2022) |
| 2022-07-25 | 11 | ORDER. Joint status report due on or before August 22, 2022 . See Order for details. Signed by Judge Colleen Kollar-Kotelly on July 25, 2022. (lcckk1) (Entered: 07/25/2022) |
| 2022-07-25 | | Set/Reset Deadlines: Joint Meet & Confer Statement due by 8/22/2022. (dot) (Entered: 07/25/2022) |
| 2022-08-22 | 12 | Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Tilghman, Michael) (Entered: 08/22/2022) |
| 2022-08-23 | | MINUTE ORDER: The Court is in receipt of the parties' 12 Joint Status Report. In light of the representations therein, the parties shall file another joint status report updating the Court on document productions in this case on or before November 21, 2022 and, if necessary, every ninety days thereafter. Signed by Judge Colleen Kollar-Kotelly on August 23, 2022. (lcckk1) (Entered: 08/23/2022) |
| 2022-08-23 | | Set/Reset Deadlines: Joint Status Report due by 11/21/2022 and, if necessary, every ninety days thereafter. (dot) (Entered: 08/24/2022) |
| 2022-11-21 | 13 | NOTICE OF SUBSTITUTION OF COUNSEL by Patricia K. McBride on behalf of U.S. CUSTOMS AND BORDER PROTECTION Substituting for attorney Michael A. Tilghman, II (McBride, Patricia) (Entered: 11/21/2022) |
| 2022-11-21 | 14 | Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (McBride, Patricia) (Entered: 11/21/2022) |
| 2023-02-27 | | MINUTE ORDER: Per the Court's August 23, 2022 minute order, a joint status report was due February 20, 2023. No joint status report has been filed. Therefore, the parties shall file their next joint status report on or before March 1, 2023 and, if necessary, every ninety days thereafter. Signed by Judge Colleen Kollar-Kotelly on February 27, 2023. (lcckk1) (Entered: 02/27/2023) |
| 2023-02-27 | | Set/Reset Deadlines: Joint Status Report due by 3/1/2023. (dot) (Entered: 02/28/2023) |
| 2023-03-01 | 15 | Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (McBride, Patricia) (Entered: 03/01/2023) |
| 2023-05-30 | 16 | Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (McBride, Patricia) (Entered: 05/30/2023) |
| 2023-07-28 | 17 | Joint STATUS REPORT by AL OTRO LADO, INC.. (Jong, Jeremy) (Entered: 07/28/2023) |
| 2023-07-31 | 18 | ERRATA UPDATE ECF 17 by U.S. CUSTOMS AND BORDER PROTECTION re 17 Status Report. (McBride, Patricia) (Entered: 07/31/2023) |
| 2023-09-29 | 19 | Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (McBride, Patricia) (Entered: 09/29/2023) |
| 2023-12-15 | 20 | Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (McBride, Patricia) (Entered: 12/15/2023) |
| 2023-12-18 | 21 | ERRATA CORRECTED JOINT STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION re 20 Status Report. (McBride, Patricia) (Entered: 12/18/2023) |
| 2023-12-26 | 22 | Partial MOTION for Judgment on the Pleadings by AL OTRO LADO, INC.. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Jong, Jeremy) (Entered: 12/26/2023) |
| 2023-12-26 | | MINUTE ORDER: The Court is in receipt of Plaintiff's 22 Motion for Partial Judgment on the Pleadings. Defendant shall file a response on or before January 16, 2024 ; Plaintiff may file a reply on or before January 26, 2024 . Signed by Judge Colleen Kollar-Kotelly on December 26, 2023. (lcckk1) (Entered: 12/26/2023) |
| 2023-12-26 | | Set/Reset Deadlines: Defendant's Response due by 1/16/2024. Plaintiff's Reply due by 1/26/2024. (zalh) (Entered: 12/26/2023) |
| 2024-01-16 | 23 | Memorandum in opposition to re 22 Motion for Judgment on the Pleadings filed by U.S. CUSTOMS AND BORDER PROTECTION. (McBride, Patricia) (Entered: 01/16/2024) |
| 2024-01-16 | 24 | DECLARATION by U.S. CUSTOMS AND BORDER PROTECTION re 23 Memorandum in Opposition. (McBride, Patricia) (Entered: 01/16/2024) |
| 2024-01-26 | 25 | REPLY to opposition to motion re 22 Partial MOTION for Judgment on the Pleadings filed by AL OTRO LADO, INC.. (Attachments: # 1 Exhibit Modification Emails, # 2 Exhibit DHS Headquarters Transfer Letter)(Jong, Jeremy) (Entered: 01/26/2024) |
| 2024-02-15 | 26 | Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (McBride, Patricia) (Entered: 02/15/2024) |
| 2024-04-16 | 27 | Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (McBride, Patricia) (Entered: 04/16/2024) |
| 2024-07-17 | 28 | Joint STATUS REPORT by AL OTRO LADO, INC.. (Jong, Jeremy) (Entered: 07/17/2024) |
| 2024-07-17 | 29 | MEMORANDUM OPINION AND ORDER granting in part and denying in part Plaintiff's 22 Motion for Judgment on the Pleadings. Signed by Judge Colleen Kollar-Kotelly on 7/17/2024. (lcckk1) (Entered: 07/17/2024) |
| 2024-07-17 | | Set/Reset Deadlines: Status Report due by 8/20/2024 advising the Court as to the volume of the requested records at that time, where Plaintiffs FOIA requests currently stand in the processing queue, and how long CBP expects it will take to process Plaintiffs FOIA requests. (dot) (Entered: 07/19/2024) |
| 2024-08-21 | 30 | Unopposed MOTION for Leave to File by U.S. CUSTOMS AND BORDER PROTECTION. (McBride, Patricia) (Entered: 08/21/2024) |
| 2024-08-23 | | MINUTE ORDER: The Court is in receipt of Defendant's 30 Unopposed Motion for Leave to File its Status Report. In light of Plaintiff's consent, and upon good cause shown, the Court shall GRANT Defendant's 30 Unopposed Motion for Leave to File its Status Report. In its 30 Status Report, Defendant explains the status of Plaintiff's FOIA requests, including that there remains approximately 129,331 pages and 206 spreadsheets of records to process. Defendant appears to propose a processing rate of approximately 3,300 pages per month, although the actual number of pages processed per month may vary. Defendant also proposes filing a joint status report with Plaintiff by October 25, 2024, updating the Court on the status of CBP's search and processing of records in this case. The Court shall ADOPT Defendant's suggestion. The parties are directed to file a joint status report on or before October 25, 2024 , updating the Court as to the status of the FOIA requests and whether Plaintiff opposes Defendant's proposed processing rate. Signed by Judge Colleen Kollar-Kotelly on 8/23/2024. (lcckk1) (Entered: 08/23/2024) |
| 2024-08-23 | | Set/Reset Deadlines: Joint Status Report due by 10/25/2024. (znbn) (Entered: 08/23/2024) |
| 2024-08-23 | 31 | STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (See Docket Entry 30 to view document). (znmw) (Entered: 08/26/2024) |
| 2024-09-13 | 32 | NOTICE OF SUBSTITUTION OF COUNSEL by Fithawi Berhane on behalf of All Defendants Substituting for attorney Patricia K. McBride (Berhane, Fithawi) (Entered: 09/13/2024) |
| 2024-10-25 | 33 | Consent MOTION for Extension of Time to File Joint Status Report by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 10/25/2024) |
| 2024-10-25 | | MINUTE ORDER: For good cause shown, U.S. Customs and Border Protection's 33 Consent Motion for Extension of Time to File Joint Status Report is GRANTED. The parties shall file their next joint status report on or before October 28, 2024 and, if necessary, shall continue to file joint status reports every 90 days thereafter until further order of the Court. Signed by Judge Colleen Kollar-Kotelly on 10/25/2024. (lcckk1) (Entered: 10/25/2024) |
| 2024-10-25 | | Set/Reset Deadlines: Joint Status Report due by 10/28/2024 and, if necessary, shall continue to file joint status reports every 90 days thereafter until further order of the Court. (dot) (Entered: 10/28/2024) |
| 2024-10-28 | 34 | MOTION for Extension of Time to File Joint Status Report by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 10/28/2024) |
| 2024-10-28 | 35 | Ex Parte STATUS REPORT by AL OTRO LADO, INC.. (Jong, Jeremy) (Entered: 10/28/2024) |
| 2024-10-29 | 36 | RESPONSE re 34 MOTION for Extension of Time to File Joint Status Report filed by AL OTRO LADO, INC.. (Jong, Jeremy) (Entered: 10/29/2024) |
| 2024-11-01 | 37 | MOTION for Extension of Time to File Status Report by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 11/01/2024) |
| 2024-11-01 | 38 | Memorandum in opposition to re 37 Motion for Extension of Time to filed by AL OTRO LADO, INC.. (Jong, Jeremy) (Entered: 11/01/2024) |
| 2024-11-01 | | MINUTE ORDER: The Court is in receipt of U.S. Customs and Border Protections (CBP)'s 34 Motion for Extension of Time to File Joint Status Report, Plaintiff Al Otro Lado, Inc.'s 35 Status Report and 36 Response to CBP's 34 Motion, CBP's 37 Motion for Extension of Time to File Status Report, and Plaintiff Al Otro Lado's 38 Opposition to CBP's 37 Motion. In their submissions, the parties indicate that there is a dispute regarding the processing schedule for CBP's responses to Plaintiff Al Otro Lado's Freedom of Information Act (FOIA) request. Plaintiff Al Otro Lado requests that the Court direct CBP to produce 3,300 pages per month, or alternatively that it direct CBP to produce 20,000 pages semiannually or 40,000 pages annually. CBP has not yet responded to this proposal, and Plaintiff Al Otro Lado argues that the Court should not grant the requested extensions of time to allow CBP to respond and explain its position. CBP candidly notes that its requests for extensions of this deadline have not complied with the Court's rule requiring such requests to be made no later than four business days before the applicable deadline, acknowledges the inconvenience such requests impose on Plaintiff Al Otro Lado and the Court, and states that it "will endeavor not to repeat its oversight going forward." Based on the parties' representations, the Court ORDERS as follows: CBP's 34 Second and 37 Third Motions for Extension of Time are GRANTED. Plaintiff Al Otro Lado's 35 Status Report is accepted as filed. CBP shall file a status report on or before November 5, 2024 , stating its position on Plaintiff Al Otro Lado's proposed processing rates. No further extensions of this deadline shall be granted absent extraordinary circumstances. Signed by Judge Colleen Kollar-Kotelly on 11/1/2024. (lcckk1) (Entered: 11/01/2024) |
| 2024-11-01 | | Set/Reset Deadlines: Defendant's Status Report due by 11/5/2024. (dot) (Entered: 11/04/2024) |
| 2024-11-05 | 39 | STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Berhane, Fithawi) (Entered: 11/05/2024) |
| 2024-11-12 | | MINUTE ORDER: The Court is in receipt of the parties' 35 and 39 Status Reports, which address the parties' dispute over the processing schedule for U.S. Customs and Border Protection (CBP)'s responses to Plaintiff Al Otro Lado, Inc.'s Freedom of Information Act (FOIA) request related to certain biometric data collection and data sharing programs. Based in part on CBP's representations about its processing capacity in a prior Joint Status Report, Al Otro Lado requests that the Court direct CBP to process 3,300 pages of potentially responsive records per month, or alternatively direct CBP to process 20,000 pages semiannually or 40,000 pages annually. In response, CBP explains that its prior estimate of its processing capacity "was the result of a mathematical error" and does not accurately reflect its capacity going forward. Instead, CBP proposes that the Court order it to process 500 pages of potentially responsive records per month, which is consistent with processing rates that other courts in this jurisdiction have ordered other agencies to follow. See, e.g. , Negley v. U.S. Dept of Just. , 305 F. Supp. 3d 36, 47 (D.D.C. 2018) (JEB); Martinez v. Dept of Just. , No. 16-cv-1506, 2023 WL 9781681, at *2 (D.D.C. Sept. 27, 2023) (TJK). CBP states that it "will aim to continue to process records at a much higher rate," but represents that it "cannot reasonably commit to a processing order greater than 500 pages per month" because of "inherent variations in the complexity of the review" that it must complete before releasing records, among other factors. The Court finds that 500 pages per month is a reasonable processing rate under the circumstances. This rate is at the top of the range of CBP's "normal processing rate" of 250 to 500 pages per month for FOIA cases in litigation. Howard Decl., ECF No. 24, para. 44. Al Otro Lado is correct that some courts in other jurisdictions have ordered agencies to process at faster rates. See, e.g. , Open Soc'y Just. Initiative v. Cent. Intel. Agency , 399 F. Supp. 3d 161, 169 (S.D.N.Y. 2019). But unlike the requesters in those cases, Al Otro Lado has not shown on the current record either that CBP has engaged in excessive delay or that exceptional circumstances require expedited processing. A minimum processing rate of 500 pages per month therefore appropriately balances Al Otro Lado's interests in timely production against the similar interests of others who have submitted FOIA requests to CBP that are in the queue for processing. Accordingly, it is ORDERED that CBP shall process documents that are potentially responsive to Al Otro Lado's request related to biometric data collection and data sharing programs at a rate of at least 500 pages per month , making rolling productions of responsive records on at least a monthly basis. It is further ORDERED that the parties shall file another joint status report on or before December 6, 2024 . In their next status report, the parties shall indicate whether they consent to a referral to mediation to discuss the possibility of refining or prioritizing the universe of documents that CBP shall process, given that it will likely take several years for the agency to process the entire set of potentially responsive documents. See LCvR 84.4. Thereafter, the parties shall continue to file joint status reports every 60 days until further order of the Court. Signed by Judge Colleen Kollar-Kotelly on 11/12/2024. (lcckk1) (Entered: 11/12/2024) |
| 2024-11-12 | | Set/Reset Deadlines: Joint Status Report due by 12/6/2024. (dot) (Entered: 11/13/2024) |
| 2024-12-06 | 40 | Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Berhane, Fithawi) (Entered: 12/06/2024) |
| 2024-12-06 | | MINUTE ORDER: In the parties' most recent 40 Joint Status Report, they informed the Court that they consent to "a referral to mediation to discuss the possibility of refining or prioritizing the universe of documents that CBP shall process, given that it will likely take several years for the agency to process the entire set of potentially responsive documents" that are at issue in this case. Accordingly, with the consent of the parties, the Court ORDERS that this matter is REFERRED to the U.S. District Court Mediation Program, pursuant to Local Rule of Civil Procedure 84.4(a)(1), or to any other mediator to which both parties consent. Alternatively, if the parties would prefer that the Court refer this matter to a Magistrate Judge of this District for mediation, they may request such a referral on or before December 13, 2024 . The parties shall file a joint status report on or before February 4, 2025 , informing the Court of the progress of mediation and of the processing of records in response to Plaintiff Al Otro Lado's requests. The parties shall continue to file joint status reports every 60 days thereafter until further order of the Court. Signed by Judge Colleen Kollar-Kotelly on 12/6/2024. (lcckk1) (Entered: 12/06/2024) |
| 2024-12-06 | | Set/Reset Deadlines: Status Report due by 2/4/2025, informing the Court of the progress of mediation and of the processing of records in response to Plaintiff Al Otro Lado's requests. (dot) (Entered: 12/09/2024) |
| 2025-02-11 | | MINUTE ORDER: In a Minute Order dated December 6, 2024, the Court directed the parties to "file a joint status report on or before February 4, 2025, informing the Court of the progress of mediation and of the processing of records in response to Plaintiff Al Otro Lado's requests." No such status report has yet been filed. Accordingly, it is ORDERED that the parties shall file a joint status report addressing these topics on or before February 18, 2025 . The parties shall then continue to file joint status reports every 60 days thereafter until further order of the Court. Signed by Judge Colleen Kollar-Kotelly on 02/11/2025. (lcckk1) (Entered: 02/11/2025) |
| 2025-02-11 | | Set/Reset Deadlines: Status Report due by 2/18/2025. (dot) (Entered: 02/12/2025) |
| 2025-02-18 | 41 | Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Berhane, Fithawi) (Entered: 02/18/2025) |
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