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Case TitleJohn M. Manley v. U.S. Customs and Border Protection
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2024cv01427
Date Filed2024-02-21
Date ClosedOpen
JudgeJudge John A. Kronstadt
PlaintiffJohn M Manley
Case DescriptionJohn Manley, an immigration attorney, submitted a FOIA request to U.S. Customs and Border Protection for records concerning policies and practices regarding CBP's system for enforcing penalties against alleged SENTRI and NEXUS lane violators. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Manley filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. Customs and Border Protection
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-02-211COMPLAINT Receipt No: ACACDC-36953557 - Fee: $405, filed by Plaintiff John M Manley. (Attachments: # 1 Civil Cover Sheet) (Attorney Bardis Vakili added to party John M Manley(pty:pla))(Vakili, Bardis) (Entered: 02/21/2024)
2024-02-212Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff John M Manley. (Vakili, Bardis) (Entered: 02/21/2024)
2024-02-213CERTIFICATE of Interested Parties filed by Plaintiff John M Manley, (Vakili, Bardis) (Entered: 02/21/2024)
2024-02-234NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Steve Kim. (sh) (Entered: 02/23/2024)
2024-02-235NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) (Entered: 02/23/2024)
2024-02-236Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) (Entered: 02/23/2024)
2024-02-23730 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant U.S. Customs and Border Protection. (sh) (Entered: 02/23/2024)
2024-02-298STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT upon filing of the complaint by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (tj) (Entered: 02/29/2024)
2024-03-049PROOF OF SERVICE Executed by Plaintiff John M Manley, upon Defendant U.S. Customs and Border Protection served on 2/26/2024, answer due 4/26/2024. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Civil Process Clerk. Executed upon the Attorney Generals Office of the United States by delivering a copy to U.S. Attorney General's Office. Executed upon the officer agency or corporation by delivering a copy to Office of Chief Counsel, CBP. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. (Vakili, Bardis) (Entered: 03/04/2024)
2024-03-0410NOTICE OF ERRATA filed by Plaintiff John M Manley. correcting Service of Summons and Complaint Returned Executed as to USA,, 9 (Attachments: # 1 Corrected Certificate of Service)(Vakili, Bardis) (Entered: 03/04/2024)
2024-03-1311STIPULATION Extending Time to Answer the complaint as to U.S. Customs and Border Protection answer now due 4/23/2024, re Complaint (Attorney Civil Case Opening) 1 filed by Defendant U.S. Customs and Border Protection.(Attorney Alexander Layne Farrell added to party U.S. Customs and Border Protection(pty:dft))(Farrell, Alexander) (Entered: 03/13/2024)
2024-04-1012Second STIPULATION for Extension of Time to File Answer to June 24, 2024 re Complaint (Attorney Civil Case Opening) 1 filed by Defendant U.S. Customs and Border Protection. (Attachments: # 1 Proposed Order)(Farrell, Alexander) (Entered: 04/10/2024)
2024-04-1113ORDER RE STIPULATION TO FURTHER EXTEND TIME FOR DEFENDANT TO RESPOND TO INITIAL COMPLAINT (DKT. 12 ) by Judge John A. Kronstadt. Based on a review of the Stipulation to Further Extend Time to Respond to Initial Complaint (the "Stipulation" (Dkt. 12)), sufficient good cause has been shown for the requested relief. Therefore, the Stipulation is APPROVED, as follows: Defendant U.S. Customs and Border Protection shall have to and including June 24, 2024, within which to answer, move or otherwise respond to Plaintiff's Freedom of Information Act (FOIA) Complaint. (yl) (Entered: 04/11/2024)
2024-06-1714STIPULATION for Extension of Time to File Respond to Initial Complaint as to Complaint (Attorney Civil Case Opening) 1 filed by Defendant U.S. Customs and Border Protection. (Attachments: # 1 Proposed Order)(Farrell, Alexander) (Entered: 06/17/2024)
2024-06-2015ORDER RE STIPULATION TO FURTHER EXTEND TIME FOR DEFENDANT TO RESPOND TO INITIAL COMPLAINT (DKT. 14 ) by Judge John A. Kronstadt. The Stipulation is APPROVED, as follows: The deadline by which Defendant U.S. Customs and Border Protection must answer, move or otherwise respond to Plaintiffs Freedom of Information Act Complaint is extended from June 24, 2024 to August 13, 2024. Because this is the third stipulation to extend the time for the filing of a response to the Complaint, any future request for a further extension must be based on a showing of substantial diligence and a reasonable need for additional time to complete that ongoing process. (yl) (Entered: 06/20/2024)
2024-08-1316ANSWER to Complaint (Attorney Civil Case Opening) 1 filed by Defendant U.S. Customs and Border Protection.(Farrell, Alexander) (Entered: 08/13/2024)
2024-08-1417ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Counsel shall file a Joint Report consistent with this Order. A hearing is not necessary and, therefore, the matter is taken under submission. Upon review of the Joint Report, a scheduling order will be issued. Rule 26 Meeting Report due by 11/8/2024. (tj) (Entered: 08/14/2024)
2024-11-0718JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 1 day, filed by Plaintiff John M Manley.. (Attachments: # 1 Exhibit Schedule of Pretrial and Trial Dates)(Vakili, Bardis) (Entered: 11/07/2024)
2024-11-1919(IN CHAMBERS) ORDER SETTING PRETRIAL DEADLINES (DKT. 18 ) by Judge John A. Kronstadt. Based on a review of the parties' November 7, 2024 Joint Report, the following deadlines are set in this matter: The non-expert discovery cut-off is June 9, 2025. The last day to file all motions is June 16, 2025. (See document for further details) (yl) (Entered: 11/20/2024)
2025-01-1320STATUS REPORT Regarding Status of FOIA Action and Settlement Process filed by Defendant U.S. Customs and Border Protection. (Farrell, Alexander) (Entered: 01/13/2025)
2025-01-1821(IN CHAMBERS) TEXT-ONLY ORDER RE STATUS REPORT (DKT. 20 ) by Judge John A. Kronstadt: Based on a review of the parties' joint status report (Dkt. 20 ), the following determinations have been made. The deadline for the parties to engage in mediation/settlement conference with Magistrate Judge Kim is June 4, 2025. On or before June 6, 2025, the parties shall file a joint report, which shall include the procedural status of settlement discussions and whether such discussions are ongoing. Accordingly, counsel shall contact Magistrate Judge Kim's Courtroom Deputy Clerk to schedule the conference as well as the filing of any associated briefing called for by Magistrate Judge Kim. Should the matter be resolved prior to the mediation/settlement conference through further direct discussions between the parties, a corresponding notice shall be filed within three court days thereafter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mhk) TEXT ONLY ENTRY (Entered: 01/18/2025)
2025-02-2822EX PARTE APPLICATION for Order for A PROTECTIVE ORDER TO PRECLUDE PLAINTIFF FROM CONDUCTING DISCOVERY WITHOUT LEAVE OF THE COURT AND MODIFYING THE SCHEDULING ORDER REGARDING NON-EXPERT DISCOVERY filed by Defendant U.S. Customs and Border Protection. (Attachments: # 1 Declaration of Alexander L. Farrell, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Proposed Order, # 7 Proof Of Service) (Farrell, Alexander) (Entered: 02/28/2025)
2025-03-0223RESPONSE filed by Plaintiff John M Manleyto EX PARTE APPLICATION for Order for A PROTECTIVE ORDER TO PRECLUDE PLAINTIFF FROM CONDUCTING DISCOVERY WITHOUT LEAVE OF THE COURT AND MODIFYING THE SCHEDULING ORDER REGARDING NON-EXPERT DISCOVERY 22 Plaintiff's Opposition (Attachments: # 1 Declaration Bardis Vakili, # 2 Exhibit Exhibit A to Vakili Decl., # 3 Exhibit Exhibit B to Vakili Decl., # 4 Exhibit Exhibit C to Vakili Decl., # 5 Certificate of Service)(Vakili, Bardis) (Entered: 03/02/2025)
2025-03-0324DECLARATION of Alexander L. Farrell in support EX PARTE APPLICATION for Order for A PROTECTIVE ORDER TO PRECLUDE PLAINTIFF FROM CONDUCTING DISCOVERY WITHOUT LEAVE OF THE COURT AND MODIFYING THE SCHEDULING ORDER REGARDING NON-EXPERT DISCOVERY 22 filed by Defendant U.S. Customs and Border Protection. (Farrell, Alexander) (Entered: 03/03/2025)
2025-03-0425ORDER RE EX PARTE APPLICATION FOR A PROTECTIVE ORDER TO PRELCUDE PLAINTIFF FROM CONDUCTING DISCOVERY WITHOUT LEAVE OF THE COURT AND MODIFYING THE SCHEDULING ORDER REGARDING NON-EXPERT DISCOVERY (DKT. 22) by Judge John A. Kronstadt Denying 22 EX PARTE APPLICATION:The Application does not meet the high threshold for ex parte relief. Therefore, the Application is DENIED. However, in the interest of party and judicial efficiency, and in light of the arguments made by the parties in their respective briefs as to the Application, as well as the original schedule that they proposed in the Joint Rule 16(b)/26(f) Report that they filed on November 7, 2024 (Dkt. 18), the deadline for Defendant to respond to Plaintiff's present discovery requests is stayed, and the November 19, 2024 Scheduling Order (Dkt. 19) is amended as follows: 1. Defendant shall file its motion for summary judgment (the "Motion") on or before April 7, 2025; 2. Plaintiff shall file any opposition to the Motion on or before May 5, 2025. As part of the opposition, Plaintiff may seek discovery pursuant to Fed. R. Civ. P. 56 (d) as well as a modification of the briefing schedule in light of that request; 3. Defendant shall file any reply in support of the Motion on or before May 19, 2025; 4. A hearing on the Motion will proceed on June 2, 2025 at 8:30 a.m. 5. Non-expert discovery shall be completed by the due date for Defendant's reply brief in support of the Motion. 6. The deadline for all other motions remains June 16, 2025. See Dkt. 19. 7. The deadline for the parties to engage in mediation/settlement conference with Magistrate Judge Kim remains June 4, 2025. See Dkt. 21. (see document for further details) (bm) (Entered: 03/04/2025)
2025-03-2626STIPULATION for Order GRANTING STIPULATION: RE THE SCOPE OF VAUGHN INDEX FOR FREEDOM OF INFORMAITON ACT (FOIA) PRODUCTION filed by Defendant U.S. Customs and Border Protection. (Attachments: # 1 Proposed Order)(Farrell, Alexander) (Entered: 03/26/2025)
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