| Date Filed | Doc # | Docket Text |
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| 2024-04-01 | 1 | COMPLAINT against UNITED STATES CUSTOMS AND BORDER PROTECTION ( Filing fee $ 405 receipt number ADCDC-10793804) filed by AL OTRO LADO, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit)(Fels, Andrew) (Entered: 04/01/2024) |
| 2024-04-02 | | Case Assigned to Judge Timothy J. Kelly. (znmw) (Entered: 04/02/2024) |
| 2024-04-02 | | NOTICE OF NEW CASE ERROR regarding 1 Complaint. The following error(s) need correction: Missing summonses- U.S. government. When naming a U.S. 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. (znmw) (Entered: 04/02/2024) |
| 2024-04-30 | 2 | REQUEST FOR SUMMONS TO ISSUE filed by AL OTRO LADO, INC.. Related document: 1 Complaint filed by AL OTRO LADO, INC..(Fels, Andrew) (Entered: 04/30/2024) |
| 2024-05-01 | 3 | SUMMONS (3) Issued Electronically as to U.S. CUSTOMS AND BORDER PROTECTION, U.S. Attorney and U.S. Attorney General (znmw) (Entered: 05/01/2024) |
| 2024-06-11 | 4 | AFFIDAVIT of Mailing. (Fels, Andrew) Modified event on 6/12/2024 (znmw). (Entered: 06/11/2024) |
| 2024-06-11 | 5 | AFFIDAVIT of Mailing. (Fels, Andrew) Modified event on 6/12/2024 (znmw). (Entered: 06/11/2024) |
| 2024-06-11 | 6 | AFFIDAVIT of Mailing. (Fels, Andrew) Modified event on 6/12/2024 (znmw). (Entered: 06/11/2024) |
| 2024-06-25 | 7 | MOTION to Amend/Correct 1 Complaint by AL OTRO LADO, INC.. (Attachments: # 1 Exhibit Amended Complaint, # 2 Exhibit Amended Complaint Exhibit 1, # 3 Exhibit Amended Complaint Exhibit 2, # 4 Supplement Civil Standing Order, # 5 Supplement Complaint Compare Copy)(Fels, Andrew) (Entered: 06/25/2024) |
| 2024-06-26 | 8 | NOTICE of Appearance by Kaitlin Kerry Eckrote on behalf of U.S. CUSTOMS AND BORDER PROTECTION (Eckrote, Kaitlin) (Entered: 06/26/2024) |
| 2024-06-28 | 9 | Consent MOTION for Extension of Time to File Answer re 1 Complaint by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Eckrote, Kaitlin) (Entered: 06/28/2024) |
| 2024-07-02 | | MINUTE ORDER granting Plaintiff's 7 Motion to Amend the Complaint and Defendant's 9 Consent Motion for an Extension of Time to File Answer. On June 3, 2024, Defendant was served with the 1 Complaint, and 22 days later, on June 25, 2024, Plaintiff moved to amend the 1 Complaint "as a matter of right." Federal Rule of Civil Procedure 15(a)(1) provides that "[a] party may amend its pleading once as a matter of course within...21 days after serving it, or...21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier." Neither timeframe appears to be met here, "[a]lthough there is some difference of opinion on the matter." Savignac v. Jones Day , 341 F.R.D. 120, 122 (D.D.C. 2022) (adopting a reading of Rule 12(a)(1)(B) that "the time to amend begins when the pleading is served and ends 21 days after the response is served"). Regardless, Federal Rule of Civil Procedure 15(a)(2) provides that a "court should freely give leave [to amend a pleading] when justice so requires." Accordingly, courts typically grant leave to amend a complaint so long as there is no "undue delay, bad faith[,] repeated failure to cure deficiencies[,] undue prejudice[,] futility of amendment, etc." Foman v. Davis , 371 U.S. 178, 182 (1962). Finding no such factors applicable, it is hereby ORDERED that Plaintiff's 7 Motion to Amend the Complaint is GRANTED. The Clerk of Court is directed to docket Plaintiff's Amended Complaint, ECF No. 7-1, as the operative complaint, along with its exhibits, ECF Nos. 7-2 and 7-3. It is further ORDERED that Defendant's 9 consent motion is GRANTED, and Defendant shall answer or otherwise respond to the amended complaint by August 8, 2024. Signed by Judge Timothy J. Kelly on 7/2/2024. (lctjk1) (Entered: 07/02/2024) |
| 2024-07-02 | 10 | AMENDED COMPLAINT against U.S. CUSTOMS AND BORDER PROTECTION filed by AL OTRO LADO, INC.. (Attachments: # 1 Exhibit, # 2 Exhibit)(zdp) (Entered: 07/02/2024) |
| 2024-08-01 | 11 | Consent MOTION for Extension of Time to File Answer re 10 Amended Complaint by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Eckrote, Kaitlin) (Entered: 08/01/2024) |
| 2024-08-02 | | MINUTE ORDER granting Defendant's 11 Consent Motion for an Extension of Time to File an Answer. It is hereby ORDERED, for good cause shown, that Defendant's 11 consent motion is GRANTED. It is further ORDERED that Defendant shall answer or otherwise respond to Plaintiff's 10 Amended Complaint by September 9, 2024. Signed by Judge Timothy J. Kelly on 8/2/2024. (lctjk1) (Entered: 08/02/2024) |
| 2024-09-05 | 12 | Consent MOTION for Extension of Time to File Answer re 10 Amended Complaint by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Eckrote, Kaitlin) (Entered: 09/05/2024) |
| 2024-09-05 | | MINUTE ORDER granting Defendant's 12 Consent Motion for an Extension of Time to File an Answer. It is hereby ORDERED, for good cause shown, that Defendant's 12 consent motion is GRANTED. It is further ORDERED that Defendant shall answer or otherwise respond to Plaintiff's 10 Amended Complaint by October 9, 2024. Signed by Judge Timothy J. Kelly on 9/5/2024. (lctjk1) (Entered: 09/05/2024) |
| 2024-10-09 | 13 | MOTION for Partial Summary Judgment or in the alternative , Partial MOTION to Dismiss by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Affidavit Howard Declaration, # 4 Text of Proposed Order)(Eckrote, Kaitlin) (Entered: 10/09/2024) |
| 2024-10-18 | 14 | RESPONSE re 13 MOTION for Partial Summary Judgment or in the alternative Partial MOTION to Dismiss filed by AL OTRO LADO, INC.. (Fels, Andrew) (Entered: 10/18/2024) |
| 2024-12-17 | 15 | STIPULATION of Dismissal by U.S. CUSTOMS AND BORDER PROTECTION. (Eckrote, Kaitlin) (Entered: 12/17/2024) |
| 2024-12-17 | 16 | Consent MOTION for Extension of Time to File Answer re 10 Amended Complaint by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Eckrote, Kaitlin) (Entered: 12/17/2024) |
| 2024-12-18 | | MINUTE ORDER: On October 9, 2024, Defendant filed a Motion for Partial Summary Judgment or, in the Alternative, Partial Motion to Dismiss, arguing that Plaintiff failed to exhaust its February 16, 2024, FOIA request and so any claims pertaining to that request should be dismissed. See ECF No. 13. However, the parties have now filed a stipulation of partial dismissal as to the very claim at issue in Defendant's 13 Motion. See ECF No. 15. Accordingly, upon consideration of the parties' 15 Stipulation, it is hereby ORDERED that Defendant's 13 Motion is DENIED AS MOOT. Signed by Judge Timothy J. Kelly on 12/18/2024. (lctjk1) (Entered: 12/18/2024) |
| 2024-12-18 | | MINUTE ORDER: Upon consideration of Defendant's 16 Consent Motion of Time to Respond, it is hereby ORDERED that, for good cause shown, the 16 Consent Motion is GRANTED. It is further ORDERED that Defendant shall file its answer to Plaintiff's Complaint by January 17, 2025. Signed by Judge Timothy J. Kelly on 12/18/2024. (lctjk1) (Entered: 12/18/2024) |
| 2025-01-17 | 17 | ANSWER to 10 Amended Complaint by U.S. CUSTOMS AND BORDER PROTECTION.(Eckrote, Kaitlin) (Entered: 01/17/2025) |
| 2025-01-17 | | MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file, by February 4, 2025, a joint proposed schedule for briefing or disclosure. Signed by Judge Timothy J. Kelly on 1/17/2025. (lctjk1) (Entered: 01/17/2025) |
| 2025-02-04 | 18 | Joint STATUS REPORT by AL OTRO LADO, INC.. (Attachments: # 1 Text of Proposed Order Plaintiff's Proposed Order, # 2 Text of Proposed Order Defendant's Proposed Order)(Fels, Andrew) (Entered: 02/04/2025) |
| 2025-02-06 | | MINUTE ORDER: Upon consideration of the parties' 18 Joint Status Report, it is hereby ORDERED that Defendant shall, by March 24, 2025, disclose to Plaintiff the scope of the documents it intends to produce, withhold, or publish with respect to Plaintiff's FOIA requests. It is further ORDERED that the parties shall, by April 7, 2025, file a further joint status report updating the Court on whether they have agreed to mediate Plaintiff's claims and, if not, propose further proceedings. Signed by Judge Timothy J. Kelly on 2/6/2025. (lctjk1) (Entered: 02/06/2025) |
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