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Case TitleINTERNATIONAL REFUGEE ASSISTANCE PROJECT v. U.S. CUSTOMS & BORDER PROTECTION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00304
Date Filed2023-02-02
Date ClosedOpen
JudgeJudge Amir H. Ali
PlaintiffINTERNATIONAL REFUGEE ASSISTANCE PROJECT
Case DescriptionInternational Refugee Assistance Project submitted a FOIA request to U.S. Customs and Boarder Protection for records concerning the Biden administration's decision to re-institute the Remain in Mexico program. IRAP also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and told IRAQ that its request for expedited processing was denied and its request for a fee waiver was not applicable. After hearing nothing further from the agency, IRAP filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Vaughn index

DefendantU.S. CUSTOMS & 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

2023-02-021COMPLAINT against INTERNATIONAL REFUGEE ASSISTANCE PROJECT ( Filing fee $ 402 receipt number ADCDC-9834066) filed by U.S. CUSTOMS & BORDER PROTECTION. (Attachments: # 1 Exhibit Exhibits to Complaint, # 2 Civil Cover Sheet Civil Cover Sheet, # 3 Summons Summons for CBP, # 4 Summons Summons for US Attorney General, # 5 Summons Summons for US Attorney)(Stanley, Brooke) (Entered: 02/02/2023)
2023-02-022LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INTERNATIONAL REFUGEE ASSISTANCE PROJECT (Stanley, Brooke) (Entered: 02/02/2023)
2023-02-03Case Assigned to Chief Judge Beryl A. Howell. (zrtw) (Entered: 02/03/2023)
2023-02-033SUMMONS (3) Issued Electronically as to U.S. CUSTOMS & BORDER PROTECTION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 02/03/2023)
2023-02-084STANDING ORDER. Signed by Chief Judge Beryl A. Howell on February 8, 2023. (lcbah4) (Entered: 02/08/2023)
2023-05-025RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/11/2023. Answer due for ALL FEDERAL DEFENDANTS by 5/11/2023. (Attachments: # 1 Exhibit A - Certified Mail Receipts)(Stanley, Brooke) (Entered: 05/02/2023)
2023-05-026RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/11/2023. (Attachments: # 1 Exhibit A - Certified Mail Receipts)(Stanley, Brooke) (Entered: 05/02/2023)
2023-05-027RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS & BORDER PROTECTION served on 4/10/2023 (Attachments: # 1 Exhibit A - Certified Mail Receipt and Delivery Confirmation)(Stanley, Brooke) (Entered: 05/02/2023)
2023-05-118ANSWER to Complaint by U.S. CUSTOMS & BORDER PROTECTION.(Tepe, Sean) (Entered: 05/11/2023)
2023-05-259Joint STATUS REPORT by INTERNATIONAL REFUGEE ASSISTANCE PROJECT. (Attachments: # 1 Exhibit Proposed Order)(Stanley, Brooke) (Entered: 05/25/2023)
2023-05-30MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 9 Joint Status report, the parties to submit, by August 25, 2023, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Judge Beryl A. Howell on May 30, 2023. (lcbah4) (Entered: 05/30/2023)
2023-05-31Set/Reset Deadlines: Joint Status Report due by 8/25/2023. (ztg) (Entered: 05/31/2023)
2023-08-2510Joint STATUS REPORT by INTERNATIONAL REFUGEE ASSISTANCE PROJECT. (Stanley, Brooke) (Entered: 08/25/2023)
2023-08-28MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 10 Joint Status report, the parties to submit, by October 25, 2023, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Judge Beryl A. Howell on August 28, 2023. (lcbah4) (Entered: 08/28/2023)
2023-08-29Set/Reset Deadlines: Parties Joint Status Report due by 10/25/2023 (mac) (Entered: 08/29/2023)
2023-10-2511Joint STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION. (Tepe, Sean) (Entered: 10/25/2023)
2023-10-26MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 11 Joint Status Report, to file, by December 15, 2023, a joint status report advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on October 26, 2023. (lcbah4) (Entered: 10/26/2023)
2023-10-27Set/Reset Deadlines: Parties Joint Status Report due by 12/15/2023 (mac) (Entered: 10/27/2023)
2023-12-0412NOTICE OF SUBSTITUTION OF COUNSEL by Tabitha Bartholomew on behalf of U.S. CUSTOMS & BORDER PROTECTION Substituting for attorney Sean Tepe (Bartholomew, Tabitha) (Entered: 12/04/2023)
2023-12-1513Joint STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION. (Bartholomew, Tabitha) (Entered: 12/15/2023)
2023-12-24MINUTE ORDER (paperless), DIRECTING the parties to file, by February 2, 2024, a joint status report, advising the Court of the status of this matter and whether any disputes remain, and if so, proposing a schedule to govern further proceedings, having considered the parties' 13 Joint Status Report ("JSR"), in which plaintiff contends that defendant U.S. Customs and Border Protection ("CBP") had committed to completing the "processing... [and] produc[tion]" of all responsive records by December 31, 2023, id. ¶ 5, and "requests that the Court instruct CBP to complete processing and production of responsive records by a firm deadline of December 31, 2023," id. ¶ 7, even though in the parties' prior JSR, CBP had represented only that it would complete "its processing of all remaining potentially responsive records no later than December 31, 2023," see JSR ¶ 3 (Oct. 25, 2023) (emphasis supplied), and in the parties' most recent 13 JSR, CBP represents that it is "performing a quality control assessment of its search" and "will follow-up with the relevant offices" regarding "records that require consultation with other government offices," to "ensur[e] that all potentially responsive records are captured for review and release," id. ¶¶ 9-10. Signed by Judge Beryl A. Howell on December 24, 2023. (lcbah4) (Entered: 12/24/2023)
2023-12-26Set/Reset Deadlines: Joint Status Report due by 2/2/2024. (zalh) (Entered: 12/26/2023)
2024-02-0214Joint STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION. (Bartholomew, Tabitha) (Entered: 02/02/2024)
2024-02-06MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 14 Joint Status Report, to file, by April 5, 2024, a joint status report advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on February 6, 2024. (lcbah4) (Entered: 02/06/2024)
2024-02-06Set/Reset Deadlines: Joint Status Report due by 4/5/2024 (mac) (Entered: 02/06/2024)
2024-04-0515Joint STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION. (Bartholomew, Tabitha) (Entered: 04/05/2024)
2024-04-10MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 15 Joint Status Report, to file, by June 7, 2024, a joint status report advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on April 10, 2024. (lcbah4) (Entered: 04/10/2024)
2024-04-11Set/Reset Deadlines: Joint Status Report due by 6/7/2024. (zalh) (Entered: 04/11/2024)
2024-06-0716Joint STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION. (Bartholomew, Tabitha) (Entered: 06/07/2024)
2024-06-10MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 16 Joint Status report, the parties to submit, by August 9, 2024, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Judge Beryl A. Howell on June 10, 2024. (lcbah4) (Entered: 06/10/2024)
2024-06-11Set/Reset Deadlines: Parties Joint Status Report due by 8/9/2024 (mac) (Entered: 06/11/2024)
2024-08-0917Joint STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION. (Bartholomew, Tabitha) (Entered: 08/09/2024)
2024-08-13MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 17 Joint Status report, the parties to submit, by October 9, 2024, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Judge Beryl A. Howell on August 13, 2024. (lcbah4) (Entered: 08/13/2024)
2024-08-14Set/Reset Deadlines: Parties Joint Status Report due by 10/9/2024. (mac) (Entered: 08/14/2024)
2024-10-0818Consent MOTION for Extension of Time to File Joint Status Report by U.S. CUSTOMS & BORDER PROTECTION. (Bartholomew, Tabitha) (Entered: 10/08/2024)
2024-10-08MINUTE ORDER (paperless), GRANTING defendant's 18 Consent Motion to Extend Deadline to File Joint Status Report; and DIRECTING the parties to file, by October 18, 2024, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Judge Beryl A. Howell on October 8, 2024. (lcbah4) (Entered: 10/08/2024)
2024-10-09Set/Reset Deadlines: Parties Joint Status Report due by 10/18/2024. (mac) (Entered: 10/09/2024)
2024-10-1819Joint STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION. (Bartholomew, Tabitha) (Entered: 10/18/2024)
2024-10-21MINUTE ORDER (paperless), DIRECTING, upon consideration of the parties' 19 Joint Status Report, the parties to submit, by November 18, 2024, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Judge Beryl A. Howell on October 21, 2024. (lcbah4) (Entered: 10/21/2024)
2024-10-22Set/Reset Deadlines: Parties Joint Status Report due by 11/18/2024. (mac) (Entered: 10/22/2024)
2024-11-1820Joint STATUS REPORT and Proposed Briefing Schedule by U.S. CUSTOMS & BORDER PROTECTION. (Bartholomew, Tabitha) (Entered: 11/18/2024)
2024-11-19MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 20 Joint Status Report, the following SCHEDULING ORDER: (1) By January 24, 2025, defendant shall file any motion for summary judgment; (2) By March 7, 2025, plaintiff shall file any opposition and cross-motion for summary judgment; (3) By March 21, 2025, defendant shall file any reply and opposition to plaintiff's cross-motion; and (4) By April 4, 2025, plaintiff shall file any reply in support of the cross-motion. Signed by Judge Beryl A. Howell on November 19, 2024. (lcbah4) (Entered: 11/19/2024)
2024-11-20Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 1/24/2025. Plaintiff Opposition And Cross-Motion For Summary Judgment due by 3/7/2025. Defendant Reply And Opposition To Plaintiff's Cross-Motion due by 3/21/2025. Plaintiff Reply In Support Of The Cross-Motion due by 4/4/2025. (mac) (Entered: 11/20/2024)
2024-11-27Case directly reassigned to Judge Amir H. Ali. Judge Beryl A. Howell is no longer assigned to the case. (rj) (Entered: 11/27/2024)
2025-01-2221Consent MOTION to Modify Summary Judgment Briefing Schedule by U.S. CUSTOMS & BORDER PROTECTION. (Bartholomew, Tabitha) (Entered: 01/22/2025)
2025-01-22MINUTE ORDER. Defendant's 21 consent motion to modify the summary judgment briefing schedule is granted. Defendant shall file its motion for summary judgment by February 21, 2025. Plaintiff shall file its opposition and cross-motion for summary judgment by April 4, 2025. Defendant shall file its reply and opposition to Plaintiff's cross-motion by April 18, 2025. Plaintiff shall file its reply in support of the cross-motion by May 2, 2025. By January 31, 2025, the parties shall file a joint status report (1) providing any further updates since the November 18, 2024, joint status report, including whether the search parameters and draft Vaughn index have been provided to Plaintiff; (2) describing the searches that have been conducted and the number of documents that have been produced to date in response to each search; and (3) describing the outstanding disputes between the parties that necessitate summary judgment briefing. The parties shall also email Courtroom Deputy Chashawn White (Chashawn_White@dcd.uscourts.gov) with at least two (and preferably more) half-hour periods that work for both parties between 2:00 p.m. and 4:00 p.m. on February 5 and 6, 2025. Signed by Judge Amir H. Ali on 1/22/2025. (lcaha2) (Entered: 01/22/2025)
2025-01-27NOTICE of Hearing: Status Conference set for 2/6/2025 at 2:30 PM in Courtroom 19 before Judge Amir H. Ali. (zcdw) (Entered: 01/27/2025)
2025-01-3122Joint STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION. (Bartholomew, Tabitha) (Entered: 01/31/2025)
2025-02-0523NOTICE of Appearance by Emma C. Merrill-Grubb on behalf of INTERNATIONAL REFUGEE ASSISTANCE PROJECT (Merrill-Grubb, Emma) (Main Document 23 replaced on 2/6/2025) (mg). (Entered: 02/05/2025)
2025-02-06Minute Entry for Status Conference proceedings held on 2/6/2025 before Judge Amir H. Ali. Order forthcoming via Chambers. (Court Reporter Timothy Miller.) (zdrf) (Entered: 02/06/2025)
2025-02-06MINUTE ORDER. Consistent with the discussion at today's status conference, the summary judgment briefing schedule is vacated. The parties are directed to meet and confer and file a joint status report by February 21, 2025. That joint status report shall advise the Court: (1) whether the parties still have disputes as to the scope of Defendant's search and, if so: (1a) what search terms have been used and to what data/databases they have been applied; (1b) what additional search terms Plaintiff is requesting; (1c) when Plaintiff first requested that those search terms be used; (1d) on what basis Defendant is declining to conduct the additional search; (1e) Defendant's estimate of how many additional documents Plaintiff's requested search terms would yield and how long it would take to review and produce those additional documents; (2) whether the parties still have disputes as to Defendant's redactions and, if so: (2a) whether Plaintiff's objections to the specific redactions opposed and the reasons have been communicated to Defendant; (2b) whether Defendant plans to remove any redactions or update its Vaughn index; and (2c) if yes to 2b, a proposed timeline for doing so. Signed by Judge Amir H. Ali on 2/6/2025. (lcaha2) (Entered: 02/06/2025)
2025-02-2124Joint STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION. (Bartholomew, Tabitha) (Entered: 02/21/2025)
2025-02-24MINUTE ORDER. The Court is in receipt of the parties' 24 joint status report. The parties shall file another joint status report by March 7, 2025. Signed by Judge Amir H. Ali on 2/24/2025. (lcaha2) (Entered: 02/24/2025)
2025-03-0325NOTICE of Appearance by Sean Berman on behalf of INTERNATIONAL REFUGEE ASSISTANCE PROJECT (Berman, Sean) (Main Document 25 replaced on 3/6/2025) (znmw). (Entered: 03/03/2025)
2025-03-0726Joint STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION. (Bartholomew, Tabitha) (Entered: 03/07/2025)
2025-03-11MINUTE ORDER. The Court adopts the parties' proposed summary judgment briefing schedule. Defendant shall file its motion for summary judgment by April 11, 2025. Plaintiff shall file its opposition and cross-motion for summary judgment by April 25, 2025. Defendant shall file its reply and opposition to Plaintiff's cross-motion by May 9, 2025. Plaintiff shall file its reply in support of the cross-motion by May 16, 2025. Signed by Judge Amir H. Ali on 3/11/2025. (lcaha2) (Entered: 03/11/2025)
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