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Case TitleCivil Rights Education and Enforcement Center, Al Otro Lado et al v. U.S. Customs and Border Protection
DistrictDistrict of Colorado
CityDenver
Case Number1:2024cv01956
Date Filed2024-07-16
Date ClosedOpen
JudgeMagistrate Judge Scott T. Varholak
PlaintiffCivil Rights Education and Enforcement Center, Al Otro Lado
PlaintiffTexas Civil Rights Project
Case DescriptionCivil Rights Education and Enforcement Center, and Al Otro Lado submitted a FOIA request to U.S. Customs and Border Protection for records concerning guidance on implementation of the Rehabilitation Act. CREEC also requested expedited processing. The agency acknowledged receipt of the request. After hearing nothing further from the agency, CREEC filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, 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

2024-05-081COMPLAINT Receipt No: ACACDC-37427842 - Fee: $405, filed by PLAINTIFF CIVIL RIGHTS EDUCATION AND ENFORCEMENT CENTER, AL OTRO LADO AND TEXAS CIVIL RIGHTS PROJECT. (Attachments: # 1 Exhibit CBP One Disability Access FOIA Request and Notification) (Attorney Cynthia L Rice added to party CIVIL RIGHTS EDUCATION AND ENFORCEMENT CENTER, AL OTRO LADO AND TEXAS CIVIL RIGHTS PROJECT(pty:pla))(Rice, Cynthia) [Transferred from California Central on 7/16/2024.] (Entered: 05/08/2024)
2024-05-082CIVIL COVER SHEET filed by Plaintiff CIVIL RIGHTS EDUCATION AND ENFORCEMENT CENTER, AL OTRO LADO AND TEXAS CIVIL RIGHTS PROJECT. (Rice, Cynthia) [Transferred from California Central on 7/16/2024.] (Entered: 05/08/2024)
2024-05-083Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 2 , Complaint (Attorney Civil Case Opening), 1 filed by PLAINTIFF CIVIL RIGHTS EDUCATION AND ENFORCEMENT CENTER, AL OTRO LADO AND TEXAS CIVIL RIGHTS PROJECT. (Attachments: # 1 Exhibit Additional summons)(Rice, Cynthia) [Transferred from California Central on 7/16/2024.] (Entered: 05/08/2024)
2024-05-124NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Stephanie S. Christensen. (car) [Transferred from California Central on 7/16/2024.] (Entered: 05/12/2024)
2024-05-125NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) [Transferred from California Central on 7/16/2024.] (Entered: 05/12/2024)
2024-05-126Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) [Transferred from California Central on 7/16/2024.] (Entered: 05/12/2024)
2024-05-127[NOTICE OF CLERICAL ERROR ISSUED ON 5/14/2024, SEE ITEM 12 ] 60 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant U.S. Customs and Border Protection. (car) Modified on 5/14/2024 (car). [Transferred from California Central on 7/16/2024.] (Entered: 05/12/2024)
2024-05-128NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Katherine M. Thorstad. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) [Transferred from California Central on 7/16/2024.] (Entered: 05/12/2024)
2024-05-129NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Laura Murchie. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) [Transferred from California Central on 7/16/2024.] (Entered: 05/12/2024)
2024-05-1210NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jeremy Jong. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) [Transferred from California Central on 7/16/2024.] (Entered: 05/12/2024)
2024-05-1411TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY [Transferred from California Central on 7/16/2024.] (Entered: 05/14/2024)
2024-05-1412NOTICE OF CLERICAL ERROR: Due to clerical error Summons was issued incorrectly; incorrect days for defendant to serve a response on Plaintiff was entered. Docket item 7 should be disregarded. Corrections will be made. (car) [Transferred from California Central on 7/16/2024.] (Entered: 05/14/2024)
2024-05-141330 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant U.S. Customs and Border Protection. (Attachments: # 1 Summons for US Attorneys Office, # 2 Summons for Office of Chief Counsel) (car) [Transferred from California Central on 7/16/2024.] (Entered: 05/14/2024)
2024-05-2114APPLICATION of Non-Resident Attorney Jeremy J. Long to Appear Pro Hac Vice on behalf of Plaintiff Civil Rights Education and Enforcement Center, Al Otro Lado (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37508163) filed by PLAINTIFF COUNSEL Civil Rights Education and Enforcement Center, Al Otro Lado. (Attachments: # 1 Proposed Order, # 2 Unredacted Document) (Rice, Cynthia) [Transferred from California Central on 7/16/2024.] (Entered: 05/21/2024)
2024-05-2115APPLICATION of Non-Resident Attorney Laura Murchie to Appear Pro Hac Vice on behalf of Plaintiff Civil Rights Education and Enforcement Center, Al Otro Lado (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37510651) filed by PLAINTIFF COUNSEL Civil Rights Education and Enforcement Center, Al Otro Lado. (Attachments: # 1 Proposed Order, # 2 Supplement) (Rice, Cynthia) [Transferred from California Central on 7/16/2024.] (Entered: 05/21/2024)
2024-05-2216NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Laura Murchie to Appear Pro Hac Vice on behalf of Plaintiff Civil Rights Education and Enforcement Center, Al Otro Lado (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37510651) 15 , APPLICATION of Non-Resident Attorney Jeremy J. Long to Appear Pro Hac Vice on behalf of Plaintiff Civil Rights Education and Enforcement Center, Al Otro Lado (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37508163) 14 . The following error(s) was/were found: Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District for the practice of law, in which the attorney is physically present on a regular basis to conduct business. (sbou) [Transferred from California Central on 7/16/2024.] (Entered: 05/22/2024)
2024-05-2317TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. For the reasons stated in the court's Notice of Deficiency 16 , the Applications for Pro Hac Vice 14 and 15 are denied. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY [Transferred from California Central on 7/16/2024.] (Entered: 05/23/2024)
2024-06-0318REQUEST for Relief from LOCAL RULE 83-2.1.3.4(2) re APPLICATION of Non-Resident Attorney Laura Murchie to Appear Pro Hac Vice on behalf of Plaintiff Civil Rights Education and Enforcement Center, Al Otro Lado (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37510651) 15 , APPLICATION of Non-Resident Attorney Jeremy J. Long to Appear Pro Hac Vice on behalf of Plaintiff Civil Rights Education and Enforcement Center, Al Otro Lado (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-37508163) 14 filed by Plaintiff Civil Rights Education and Enforcement Center, Al Otro Lado. (Attachments: # 1 Declaration, # 2 Proposed Order) (Rice, Cynthia) [Transferred from California Central on 7/16/2024.] (Entered: 06/03/2024)
2024-06-0419ORDER GRANTING REQUEST FOR RELIEF FROM LOCAL RULE 83- 2.1.3.4(2) 18 by Judge Fernando M. Olguin. *See Order for Details.* (iv) [Transferred from California Central on 7/16/2024.] (Entered: 06/05/2024)
2024-06-1020STIPULATION Extending Time to Answer the complaint as to U.S. Customs and Border Protection answer now due 7/17/2024, re Complaint (Attorney Civil Case Opening), 1 filed by Defendant U.S. Customs and Border Protection.(Attorney Trent Kenzo Fujii added to party U.S. Customs and Border Protection(pty:dft))(Fujii, Trent) [Transferred from California Central on 7/16/2024.] (Entered: 06/10/2024)
2024-06-1421CERTIFICATE of Interested Parties filed by Plaintiff Civil Rights Education and Enforcement Center, Al Otro Lado, Texas Civil Rights Project, identifying None. (Jong, Jeremy) [Transferred from California Central on 7/16/2024.] (Entered: 06/14/2024)
2024-07-1222Joint STIPULATION to Transfer Case to District of Colorado filed by Defendant U.S. Customs and Border Protection. (Attachments: # 1 Proposed Order TRANSFERRING CASE TO THE DISTRICT OF COLORADO)(Fujii, Trent) [Transferred from California Central on 7/16/2024.] (Entered: 07/12/2024)
2024-07-1523ORDER ON STIPULATION 22 TRANSFERRING CASE TO THE DISTRICT OF COLORADO by Judge Fernando M. Olguin. (MD JS-6. Case Terminated.) (rolm) [Transferred from California Central on 7/16/2024.] (Entered: 07/15/2024)
2024-07-1624Case transferred in from District of California Central; Case Number 2:24-cv-03815. File, transfer order and docket sheet received (Entered: 07/16/2024)
2024-07-1625FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (efoga, ) (Entered: 07/16/2024)
2024-07-1626Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (efoga, ) (Entered: 07/16/2024)
2024-07-1627Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (efoga, ) (Entered: 07/16/2024)
2024-07-1628NOTICE of Entry of Appearance by Cynthia L. Rice on behalf of Civil Rights Education and Enforcement Center, Al Otro LadoAttorney Cynthia L. Rice added to party Civil Rights Education and Enforcement Center, Al Otro Lado(pty:pla) (Rice, Cynthia) (Entered: 07/16/2024)
2024-07-1629NOTICE of Entry of Appearance by Jeremy J. Jong on behalf of Civil Rights Education and Enforcement Center, Al Otro Lado, Texas Civil Rights ProjectAttorney Jeremy J. Jong added to party Civil Rights Education and Enforcement Center, Al Otro Lado(pty:pla), Attorney Jeremy J. Jong added to party Texas Civil Rights Project(pty:pla) (Jong, Jeremy) (Entered: 07/16/2024)
2024-07-1630ORDER Setting Deadline for Filing Election Concerning Consent/Non-Consent to Magistrate Jurisdiction Form and Setting Scheduling Conference by Magistrate Judge Scott T. Varholak on 7/16/2024. Consent Form due by 8/21/2024 . Joint Proposed Scheduling Order due 8/28/2024 . Scheduling Conference set for 9/4/2024 02:00 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (schap, ) (Entered: 07/16/2024)
2024-07-1731Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendant U.S. Customs and Border Protection. (Soler, Andrew) (Entered: 07/17/2024)
2024-07-1832ORDER granting Defendant's 31 Unopposed Motion for Extension of Time to Respond to Complaint. Defendant shall have a 14-day extension, up to and including July 31, 2024, in which to Answer or Otherwise Respond to Plaintiff's Complaint. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/18/2024. Text Only Entry(stvlc5, ) (Entered: 07/18/2024)
2024-07-2433CONSENT to Jurisdiction of Magistrate Judge by Defendant U.S. Customs and Border Protection All parties consent.. (Soler, Andrew) (Entered: 07/24/2024)
2024-07-2534ORDER OF REFERENCE. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge 33 , this case is referred to Magistrate Judge Scott T. Varholak for all purposes pursuant to 28 U.S.C. § 636(c), by Chief Judge Philip A. Brimmer on 7/25/2024. Text Only Entry (pabsec, ) (Entered: 07/25/2024)
2024-07-3135ANSWER to 1 Complaint, by U.S. Customs and Border Protection.(Soler, Andrew) (Entered: 07/31/2024)
2024-08-2836Joint MOTION to Reset Joint Motion to Convert Scheduling Conference to Status Conference by Defendant U.S. Customs and Border Protection. (Soler, Andrew) (Entered: 08/28/2024)
2024-08-2937ORDER granting the parties' 36 Joint Motion to Convert Scheduling Conference to Status Conference. The Scheduling Conference set for 9/4/24 at 2:00 PM is CONVERTED to a Status Conference at the same date and time, and the deadline to submit a joint proposed scheduling order is VACATED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/29/2024. Text Only Entry(stvlc5, ) (Entered: 08/29/2024)
2024-09-0338NOTICE of Entry of Appearance by Laura Murchie on behalf of Civil Rights Education and Enforcement Center, Al Otro LadoAttorney Laura Murchie added to party Civil Rights Education and Enforcement Center, Al Otro Lado(pty:pla) (Murchie, Laura) (Entered: 09/03/2024)
2024-09-0439MINUTE ENTRY for Status Conference held before Magistrate Judge Scott T. Varholak on 9/4/2024. The parties shall file either Dismissal Papers or a Status Report on or before January 27, 2025. FTR: A402. (morti, ) (Entered: 09/04/2024)
2025-01-2440Joint STATUS REPORT by Defendant U.S. Customs and Border Protection. (Soler, Andrew) (Entered: 01/24/2025)
2025-01-2441MINUTE ORDER: In light of the 40 Status Report, on or before 2/26/2025, the parties shall file a status report on the case. It is FURTHER ORDERED that the parties shall submit a Status Report every 30 days thereafter. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/24/2025. Text Only Entry (stvlc5, ) (Entered: 01/24/2025)
2025-02-2642Joint STATUS REPORT by Defendant U.S. Customs and Border Protection. (Soler, Andrew) (Entered: 02/26/2025)
2025-03-2843Joint STATUS REPORT by Defendant U.S. Customs and Border Protection. (Soler, Andrew) (Entered: 03/28/2025)
2025-04-2844Joint STATUS REPORT by Defendant U.S. Customs and Border Protection. (Soler, Andrew) (Entered: 04/28/2025)
2025-05-2745Joint STATUS REPORT by Defendant U.S. Customs and Border Protection. (Soler, Andrew) (Entered: 05/27/2025)
2025-07-1746NOTICE of Entry of Appearance by Jane Bobet Rejko on behalf of U.S. Customs and Border ProtectionAttorney Jane Bobet Rejko added to party U.S. Customs and Border Protection(pty:dft) (Bobet Rejko, Jane) (Entered: 07/17/2025)
2025-07-1747Joint STATUS REPORT by Defendant U.S. Customs and Border Protection. (Bobet Rejko, Jane) (Entered: 07/17/2025)
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