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Case TitleLamatina v. United States Customs and Border Protection
DistrictSouthern District of New York
CityFoley Square
Case Number1:2014cv01923
Date Filed2014-03-19
Date Closed2014-05-16
JudgeJudge Edgardo Ramos
PlaintiffJairo Carvalho Lamatina
Case DescriptionJairo Carvalho Lamatina submitted a FOIA request to U.S. Customs and Border Protection for a copy of his Customs and Border Protection Entry and Exit records. After CPB failed to respond within the statutory time limits, Lamatina filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUnited States Customs and Border Protection
DefendantThomas S. Winkowski Acting Commissioner U.S. Customs and Border Protection (in their Official Capacity)
TERMINATED: 03/24/2014
DefendantR. Gil Kerlikowske Commissioner, U.S. Customs and Border Protection (in their Official Capacity)
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-03-191COMPLAINT against United States Customs and Border Protection, Thomas S. Winkowski (in their Official Capacity). (Filing Fee $ 350.00, Receipt Number not indicated)Document filed by Jairo Carvalho Lamatina.(laq) Modified on 3/26/2014 (sac). (Entered: 03/26/2014)
2014-03-19SUMMONS ISSUED as to United States Customs and Border Protection, Thomas S. Winkowski (in their Official Capacity). (laq) Modified on 3/26/2014 (sac). (Entered: 03/26/2014)
2014-03-19Magistrate Judge Sarah Netburn is so designated. (laq) (Entered: 03/26/2014)
2014-03-19Case Designated ECF. (laq) (Entered: 03/26/2014)
2014-03-242AMENDED COMPLAINT amending 1 Complaint against United States Customs and Border Protection, R. Gil Kerlikowske.Document filed by Jairo Carvalho Lamatina. Related document: 1 Complaint filed by Jairo Carvalho Lamatina.(sac) (Entered: 03/26/2014)
2014-03-253SUMMONS RETURNED EXECUTED Summons and Amended Complaint served. United States Customs and Border Protection served on 3/24/2014, answer due 5/23/2014. Service was made by Certified Mail. Document filed by Jairo Carvalho Lamatina. (sac) (Entered: 03/26/2014)
2014-03-254SUMMONS RETURNED EXECUTED Summons and Amended Complaint served. R. Gil Kerlikowske served on 3/24/2014, answer due 5/23/2014. Service was made by Certified Mail. Document filed by Jairo Carvalho Lamatina. (sac) (Entered: 03/26/2014)
2014-04-106NOTICE OF APPEARANCE by Tomoko Onozawa on behalf of R. Gil Kerlikowske, United States Customs and Border Protection. (Onozawa, Tomoko) (Entered: 04/10/2014)
2014-04-247ENDORSED LETTER addressed to Judge Edgardo Ramos, from Tomoko Onozawa, dated 4/24/2014, re: request a three-week extension of the Government's time to answer the Amended Complaint, from April 28, 2014 to May 19, 2014. ENDORSEMENT: The application is granted. R. Gil Kerlikowske answer due 5/19/2014; United States Customs and Border Protection answer due 5/19/2014. (Signed by Judge Edgardo Ramos on 4/24/2014) (ja) (Entered: 04/25/2014)
2014-05-148DOCUMENT REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Parties and with costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by United States Customs and Border Protection, R. Gil Kerlikowske.(Onozawa, Tomoko) Modified on 5/15/2014 (jno). (Entered: 05/14/2014)
2014-05-15***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Tomoko Onozawa Document 8 Stipulation of Voluntary Dismissal, was referred to Judge Edgardo Ramos for approval. (jno) (Entered: 05/15/2014)
2014-05-169STIPULATION OF VOLUNTARY DISMISSAL: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: Pursuant to Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure, this action is dismissed with prejudice in its entirety. As soon as reasonably practicable after the Court has endorsed and docketed this Stipulation and Order, CBP shall pay to Plaintiff the sum of five hundred nine dollars ($509.00) in litigation costs, pursuant to 5 U.S.C. Sec. 552(a)(4)(E), which sum Plaintiff agrees to accept as full payment of any costs it has incurred in this action and as further set forth herein. SO ORDERED. (Signed by Judge Edgardo Ramos on 5/16/2014) (ja) (Entered: 05/16/2014)
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