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Case TitleSOUTHERN POVERTY LAW CENTER v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01724
Date Filed2018-07-24
Date Closed2019-04-02
JudgeJudge Timothy J. Kelly
PlaintiffSOUTHERN POVERTY LAW CENTER
Case DescriptionThe Southern Poverty Law Center submitted a FOIA request to U.S. Customs and Border Protection for records concerning apprehensions that took place on buses in Florida from September 2016 through February 2017, and September 2017 through February 2018. SPLC also requested a fee waiver. The agency acknowledged receipt of the request. The agency asked SPLC to narrow the scope of its request. SPLC contacted the agency's FOIA public liaison to discuss narrowing the request, but after hearing nothing further from the agency, SPLC filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, 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
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-07-241COMPLAINT for Injunctive Relief against All Defendants with Jury Demand ( Filing fee $ 400 receipt number 0090-5602463) filed by SOUTHERN POVERTY LAW CENTER. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet, # 5 Summons - United States Department of Homeland Security, # 6 Summons - United States Customs and Border Protection)(Stratton, Grayson) (Entered: 07/24/2018)
2018-07-24Case Assigned to Judge Timothy J. Kelly. (zmd) (Entered: 07/25/2018)
2018-07-252SUMMONS (2) Issued Electronically as to UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Notice and Consent) (zmd) (Entered: 07/25/2018)
2018-07-253ERRATA Regarding Complaint Caption Page by SOUTHERN POVERTY LAW CENTER. (Attachments: # 1 Exhibit 1)(Stratton, Grayson) (Entered: 07/25/2018)
2018-08-164NOTICE of Appearance by Jason Todd Cohen on behalf of All Defendants (Cohen, Jason) (Entered: 08/16/2018)
2018-08-315ANSWER to Complaint by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Cohen, Jason) (Entered: 08/31/2018)
2018-09-04MINUTE 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 a joint proposed schedule for briefing or disclosure by September 19, 2018. It is further ORDERED that Plaintiff shall comply with Federal Rule of Civil Procedure 4(l) by filing proof of service with the Court by October 1, 2018. Signed by Judge Timothy J. Kelly on 9/4/2018. (lctjk1) (Entered: 09/04/2018)
2018-09-05Set/Reset Deadlines: Joint Proposed Briefing Schedule or Disclosure due by 9/19/2018. Plaintiff's filing of proof of service with the Court due by 10/1/2018. (kh) (Entered: 09/05/2018)
2018-09-076RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CUSTOMS AND BORDER PROTECTION served on 8/2/2018 (Stratton, Grayson) (Entered: 09/07/2018)
2018-09-077RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 7/31/2018 (Stratton, Grayson) (Entered: 09/07/2018)
2018-09-078RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/1/2018. Answer due for ALL FEDERAL DEFENDANTS by 8/31/2018. (Stratton, Grayson) (Entered: 09/07/2018)
2018-09-079RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/1/2018. Answer due for ALL FEDERAL DEFENDANTS by 8/31/2018. (Stratton, Grayson) (Entered: 09/07/2018)
2018-09-0710RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/1/2018. (Stratton, Grayson) (Entered: 09/07/2018)
2018-09-0711RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/1/2018. (Stratton, Grayson) (Entered: 09/07/2018)
2018-09-0712MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brett Solberg, :Firm- DLA Piper LLP (US), :Address- 1000 Louisiana St., Ste. 2800, Houston, TX 77002. Phone No. - 713.425.8482. Fax No. - 713.425.8401 Filing fee $ 100, receipt number 0090-5678095. Fee Status: Fee Paid. by SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Affidavit of Brett Solberg, # 2 Text of Proposed Order)(Stratton, Grayson) (Entered: 09/07/2018)
2018-09-0713MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Betsey Boutelle, :Firm- DLA Piper LLP (US), :Address- 401 B Street, Suite 1700, San Diego, CA 92101. Phone No. - 619.699.2700. Fax No. - 619.699.2701 Filing fee $ 100, receipt number 0090-5678165. Fee Status: Fee Paid. by SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Affidavit of Betsey Boutelle, # 2 Text of Proposed Order)(Stratton, Grayson) (Entered: 09/07/2018)
2018-09-10MINUTE ORDER granting 12 13 Motions to Leave to Appear Pro Hac Vice. Attorneys Brett Solberg and Betsey Boutelle are hereby admitted pro hac vice to appear in this matter. Signed by Judge Timothy J. Kelly on 9/10/2018. (lctjk1) (Entered: 09/10/2018)
2018-09-1914Joint MOTION for Scheduling Order by SOUTHERN POVERTY LAW CENTER (Attachments: # 1 Text of Proposed Order)(Stratton, Grayson) (Entered: 09/19/2018)
2018-09-19MINUTE ORDER: In light of the parties' 14 Joint Motion for Entry of Proposed Scheduling Order, it is hereby ORDERED that the parties shall file a joint status report by December 14, 2018. Signed by Judge Timothy J. Kelly on 9/19/2018. (lctjk1) (Entered: 09/19/2018)
2018-12-1315Joint STATUS REPORT by SOUTHERN POVERTY LAW CENTER. (Stratton, Grayson) (Entered: 12/13/2018)
2018-12-19MINUTE ORDER: In light of the parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by January 11, 2019. Signed by Judge Timothy J. Kelly on 12/19/2018. (lctjk1) (Entered: 12/19/2018)
2019-01-1016MOTION to Stay by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Coles-Huff, Doris) (Entered: 01/10/2019)
2019-01-10MINUTE ORDER granting Defendant's 16 Consent Motion to Stay. This case shall be stayed until further order of the Court. It is further ordered that the parties shall file a joint status report within three days after funding is restored for the Department of Justice. Signed by Judge Timothy J. Kelly on 1/10/2019. (lctjk1) (Entered: 01/10/2019)
2019-01-3017Joint STATUS REPORT by SOUTHERN POVERTY LAW CENTER. (Stratton, Grayson) (Entered: 01/30/2019)
2019-01-31MINUTE ORDER: In light of the parties' 17 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by March 1, 2019. It is further ORDERED that the stay in this case is LIFTED. Signed by Judge Timothy J. Kelly on 1/31/2019. (lctjk1) (Entered: 01/31/2019)
2019-03-0118Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Cohen, Jason) (Entered: 03/01/2019)
2019-03-01MINUTE ORDER: In light of the parties' 18 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by April 1, 2019. Signed by Judge Timothy J. Kelly on 3/1/2019. (lctjk1) (Entered: 03/01/2019)
2019-04-0119STIPULATION of Dismissal with Prejudice by SOUTHERN POVERTY LAW CENTER. (Stratton, Grayson) (Entered: 04/01/2019)
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by FOIA Project Staff
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