| Date Filed | Doc # | Docket Text |
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| 2014-04-16 | 1 | COMPLAINT against U S Immigration and Customs Enforcement ( Filing fee $ 400 receipt number 0090-3687636) filed by PRP TRADING CORPORATION.(Herrick, Peter) (Entered: 04/16/2014) |
| 2014-04-16 | 2 | CIVIL COVER SHEET by PRP TRADING CORPORATION filed by PRP TRADING CORPORATION.(Herrick, Peter) (Entered: 04/16/2014) |
| 2014-04-16 | 3 | NOTICE by PRP TRADING CORPORATION (Attachments: # 1 Summons, # 2 Summons)(Herrick, Peter) (Entered: 04/16/2014) |
| 2014-04-16 | | Case Assigned to Judge Beryl A. Howell. (md, ) (Entered: 04/17/2014) |
| 2014-04-17 | 4 | SUMMONS (3) ISSUED ELECTRONICALLY as to U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons 2nd, # 2 Summons 3rd, # 3 Notice of Consent, # 4 Consent Form)(md, ) (Entered: 04/17/2014) |
| 2014-04-17 | 5 | STANDING ORDER. Signed by Judge Beryl A. Howell on April 17, 2014. (lcbah1) (Entered: 04/17/2014) |
| 2014-04-25 | 6 | NOTICE by PRP TRADING CORPORATION (Herrick, Peter) (Entered: 04/25/2014) |
| 2014-04-28 | | NOTICE OF ERROR re 6 Notice (Other); emailed to pherrick1@comcast.net, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. FYI: Counsel is reminded to use the Request to Issue Summons event in the future NO ACTION REQUIRED (zrdj, ) (Entered: 04/28/2014) |
| 2014-04-28 | 7 | SUMMONS (1) Reissued Electronically as to U.S. Attorney (rdj) (Entered: 04/28/2014) |
| 2014-05-13 | 8 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/8/2014. Answer due for ALL FEDERAL DEFENDANTS by 6/7/2014. (Herrick, Peter) (Entered: 05/13/2014) |
| 2014-05-28 | 9 | NOTICE of Appearance by Mitchell P. Zeff on behalf of U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Zeff, Mitchell) (Entered: 05/28/2014) |
| 2014-06-05 | 10 | MOTION to Stay Proceedings by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Text of Proposed Order)(Zeff, Mitchell) (Entered: 06/05/2014) |
| 2014-06-17 | 11 | RESPONSE re 10 MOTION to Stay Proceedings filed by PRP TRADING CORPORATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Order)(Herrick, Peter) (Entered: 06/17/2014) |
| 2014-06-23 | 12 | REPLY to opposition to motion re 10 MOTION to Stay Proceedings filed by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Zeff, Mitchell) (Entered: 06/23/2014) |
| 2014-07-23 | 13 | NOTICE OF SUBSTITUTION OF COUNSEL by Fred Elmore Haynes on behalf of U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT Substituting for attorney Mitchell P. Zeff (Haynes, Fred) (Entered: 07/23/2014) |
| 2014-10-09 | | MINUTE ORDER (paperless) GRANTING 10 Defendant's Motion To Stay Proceedings. Plaintiff filed requests, under the Freedom of Information Act ("FOIA"), 5 U.S. C. §§552, et. seq., with U.S. Immigration and Customs Enforcement ("ICE"), for records "about PRP" and eighteen customs cases, which requests were denied by ICE in 2013. See generally Compl. The Plaintiff subsequently filed suit seeking an order requiring "ICE to immediately release the requested records to the plaintiff." 1 Compl. at 2. ICE has moved for a stay of proceedings until conclusion of the related criminal case against Plaintiff in U.S. v. Garcia-Adarme, et. al 13 CR 353, which is pending in the U.S. District Court for the District of Puerto Rico ("Puerto Rico Criminal Action"). See 10 Def.'s Mot. to Stay at 1. The Plaintiff opposes this motion on the grounds that the FOIA requests at issue relate to administrative forfeiture proceedings before U.S. Customs and Border Protection ("CBP") for fourteen shipments of aluminum extrusions imported by Plaintiff from Malaysia and "there is no substantial overlap between the criminal case and the administrative forfeiture proceedings." 11 Pl.'s Opp'n at 4. Contrary to the Plaintiff's assertion, the Court concludes that the FOIA requests at issue seek records relating to the seizures of aluminum imported by the Plaintiff, which substantially overlaps with the charges in the Puerto Rico Criminal Action that "Plaintiff conspired to smuggle aluminum imported from China into the United States using fraudulent documents with the intent to defraud the United States." 10 Def.'s Mot. to Stay at 3. Indeed, the Plaintiff concedes that "[q]uite possibly the outcome of the criminal case will decide the country of origin issue," which is an underlying reason for the FOIA requests. 11 Pl.'s Opp'n at 4. The Court concludes that a stay of the instant action would preserve judicial and parties' resources because discovery in the criminal case may result in production of the requested documents, and the U.S. District Court for the District of Puerto Rico is already addressing such discovery issues. 10 Def.'s Mot. Stay at 4. Accordingly, the Defendant's Motion to Stay Proceedings is GRANTED and the parties are directed to file jointly, within twenty days following the disposition of charges against the Plaintiff in the Puerto Rico Criminal Action, a status report with the Court proposing a schedule to govern future proceedings in this case. Signed by Judge Beryl A. Howell on October 9, 2014. (lcbah3) (Entered: 10/09/2014) |
| 2014-10-09 | | Case Stayed. (tg, ) (Entered: 10/09/2014) |
| 2014-11-03 | 14 | Consent MOTION for Extension of Time to Continue Stay of These Proceedings by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Haynes, Fred) (Entered: 11/03/2014) |
| 2014-11-03 | | MINUTE ORDER (paperless) GRANTING the parties' 14 Consent Motion for Extension of Time to file the Joint Status Report, as directed by the Court in its October 9, 2014 Order. Accordingly, the parties shall file the Joint Status Report on November 17, 2014. Signed by Judge Beryl A. Howell on November 3, 2014. (lcbah3) (Entered: 11/03/2014) |
| 2014-11-04 | | Set/Reset Deadlines: Joint Status Report due by 11/17/2014. (tg, ) (Entered: 11/04/2014) |
| 2014-11-17 | 15 | STIPULATION of Dismissal by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Haynes, Fred) (Entered: 11/17/2014) |
| 2014-11-17 | | MINUTE ORDER (paperless) DISMISSING this matter, with prejudice, pursuant to the parties' 15 Joint Stipulation of Voluntary Dismissal. The Clerk is directed to close this case. Signed by Judge Beryl A. Howell on November 17, 2014. (lcbah3) (Entered: 11/17/2014) |
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