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Case TitleFlorence Immigrant & Refugee Rights Project Incorporated v. United States Department of Homeland Security et al
DistrictDistrict of Arizona
CityTucson Division
Case Number4:2024cv00340
Date Filed2024-07-12
Date Closed2025-04-22
JudgeSenior Judge James A Soto
PlaintiffFlorence Immigrant & Refugee Rights Project Incorporated
Case DescriptionFlorence Immigrant & Refugee Rights Project submitted a FOIA request to U.S. Customs and Border Protection for records concerning the investigation conducted of allegations of F.DF.M.'s allegation of tortious misconduct. FIRRP also requested expedited processing. The agency acknowledged receipt of the request and denied the request for expedited processing. After hearing nothing further from the agency, FIRRP filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Department of Homeland Security
DefendantUnited States Customs and Border Protection
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-07-121COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF. Filing fee received: $405.00, receipt number AAZDC-23239332 filed by Florence Immigrant & Refugee Rights Project Incorporated. (CastanedaAcosta, Rocio) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(BAC) (Entered: 07/12/2024)
2024-07-122Corporate Disclosure Statement by Florence Immigrant & Refugee Rights Project Incorporated. (CastanedaAcosta, Rocio) (BAC) (Entered: 07/12/2024)
2024-07-123SUMMONS Submitted by Florence Immigrant & Refugee Rights Project Incorporated. (CastanedaAcosta, Rocio) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(BAC) (Entered: 07/12/2024)
2024-07-124Filing fee paid, receipt number AAZDC-23239332. This case has been assigned to the Honorable James A Soto. All future pleadings or documents should bear the correct case number: CV-24-00340-TUC-JAS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (BAC) (Entered: 07/12/2024)
2024-07-125Summons Issued as to United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(BAC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 07/12/2024)
2024-07-236*SUMMONS Submitted by Plaintiff Florence Immigrant & Refugee Rights Project Incorporated. (CastanedaAcosta, Rocio) *Modified to correct event type on 7/24/2024 (ARC). (Entered: 07/23/2024)
2024-07-247Summons Issued as to U.S. Attorney. (ARC) *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 07/24/2024)
2024-08-208SERVICE EXECUTED filed by Florence Immigrant & Refugee Rights Project Incorporated: Affidavit of Service re: Complaint and Summons upon Attorney General U.S. Department of Justice, Civil Process Clerks for Phoenix and Tucson Offices of U.S. Attorney for District of Arizona, U.S. Customs and Border Protection, Office of General Counsel for U.S. Department of Homeland Security on August 1, 2024, July 26, 2024, July 30, 2024, July 29, 2024, July 30, 2024. (CastanedaAcosta, Rocio) (Entered: 08/20/2024)
2024-08-279STIPULATION to Amend Complaint and Stipulation Regarding Deadline to Respond to Amended Complaint by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Hollywood, Kaitlin) (Entered: 08/27/2024)
2024-08-2910ORDERED that Defendant's deadline to answer, file a motion or otherwise respond Plaintiff's Complaint (Doc. 1 ) is VACATED. It is further ordered that Plaintiff may file an Amended Complaint within sixty days of this Order being issued. It is further ordered that Defendant shall have thirty days after the filing of Plaintiff's Amended Complaint to answer, file a motion or otherwise respond to the Amended Complaint. Signed by Senior Judge James A Soto on 8/28/2024. (ARC) (Entered: 08/29/2024)
2024-08-2911ORDER re Communication with the Court, Dispositive Motions, Proposed Orders, Paper Copies, Exhibits, Authority Binders, and Emailing Documents, Generative Artificial Intelligence ("AI"). Signed by Senior Judge James A Soto on 8/28/2024. (See Order for complete details)(ARC) (Entered: 08/29/2024)
2024-10-1712STIPULATION Motion for Abeyance by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Hollywood, Kaitlin) (Entered: 10/17/2024)
2024-10-1813ORDER: IT IS ORDERED that the Motion is granted. This action shall be held in abeyance for sixty days from the date this Order is entered; IT IS FURTHER ORDERED that, absent a stipulation of dismissal or other request to the Court, Plaintiff has sixty days from the date this Order is entered to either amend its Complaint or file a notice with the Court indicating it wishes to proceed with litigation. If no such filing is made, the Clerk of Court shall dismiss this case without prejudice. Signed by Senior Judge James A Soto on 10/18/2024. (SCA) (Entered: 10/18/2024)
2024-12-1614MOTION to Vacate 13 Order on Stipulation,, by Florence Immigrant & Refugee Rights Project Incorporated. (Attachments: # 1 Proposed Order)(CastanedaAcosta, Rocio) (Entered: 12/16/2024)
2024-12-1815ORDERED that Plaintiff's deadline to either file an amended Complaint or file a notice with the Court to proceed with litigation is VACATED. It is further ordered that absent a stipulation of dismissal or other request to the Court, Plaintiff has sixty days from the date of this Order to file a notice with the Court indicating it wishes to proceed with litigation. If no such filing is made, the Clerk of Court shall dismiss this case without prejudice. Signed by Senior Judge James A Soto on 12/17/2024. (ARC) (Entered: 12/18/2024)
2025-02-1416MOTION to Vacate Deadlines in Dec. 17 Order (Doc.15) by Florence Immigrant & Refugee Rights Project Incorporated. (Attachments: # 1 Proposed Order)(CastanedaAcosta, Rocio) (Entered: 02/14/2025)
2025-02-1917ORDER: Plaintiff's deadline to either file an amended Complaint or file a notice with the Court to proceed with litigation is VACATED. IT IS FURTHER ORDERED that absent a stipulation of dismissal or other request to the Court, Plaintiff has thirty days from the date of this Order to file a notice with the Court indicating it wishes to proceed with litigation. If no such filing is made, the Clerk of Court shall dismiss this case without prejudice. Signed by Senior Judge James A Soto on 02/19/2025. (VSB) (Entered: 02/19/2025)
2025-03-0318NOTICE OF ATTORNEY SUBSTITUTION: Denise Ann Faulk appearing for United States Department of Homeland Security, United States Customs and Border Protection. Attorney Kaitlin Shaw Hollywood terminated. . (Faulk, Denise) (Entered: 03/03/2025)
2025-03-2119MOTION to Vacate 17 Order on Motion to Vacate,, by Florence Immigrant & Refugee Rights Project Incorporated. (Attachments: # 1 Proposed Order)(CastanedaAcosta, Rocio) (Entered: 03/21/2025)
2025-03-2120ORDER: Plaintiff's deadline to either file an amended Complaint or file a notice with the Court to proceed with litigation is VACATED; IT IS FURTHER ORDERED that absent a stipulation of dismissal or other request to the Court, Plaintiff has thirty days from the date of this Order to file a notice with the Court indicating it wishes to proceed with litigation. If no such filing is made, the Clerk of Court shall dismiss this case without prejudice. Signed by Senior Judge James A Soto on 03/21/2025. (VSB) (Entered: 03/21/2025)
2025-04-2121STIPULATION of Dismissal with Prejudice by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Faulk, Denise) (Entered: 04/21/2025)
2025-04-2222ORDER: IT IS ORDERED that this matter is dismissed with prejudice, with each party to bear its own attorneys fees and costs incurred herein. Signed by Senior Judge James A Soto on 04/22/2025. (VRS) (Entered: 04/22/2025)
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