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Case TitleNBC 7 SAN DIEGO et al v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01146
Date Filed2019-04-22
Date ClosedOpen
JudgeJudge Reggie B. Walton
PlaintiffNBC 7 SAN DIEGO
PlaintiffTOM JONES
PlaintiffREPORTERS COMMITTEE FOR FREEDOM OF THE PRESS
Case DescriptionNBC 7 San Diego reporter Tom Jones submitted FOIA requests to the Department of Homeland Security for records concerning Operation Secure Line, an initiative to monitor the arrival of migrant caravans on the U.S.-Mexican border. NBC 7 San Diego also requested a fee waiver and expedited processing. The agency acknowledged receipt of the requests and granted NBC 7 San Diego's requests for a fee waiver and expedited processing. The Reporters Committee for Freedom of the Press also submitted FOIA requests to the Department of Homeland Security for records referenced in NBC 7's stories about Operation Secure Line. The Reporters Committee also requested inclusion in the news media fee category. The agency acknowledged receipt of the requests but did not address the Reporters Committee's request for news media fee status. After hearing nothing further from the agency, both NBC 7 San Diego and the Reporters Committee filed suit.
Complaint issues: Adequacy - Search, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY
DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantUNITED STATES CUSTOMS AND BORDER PROTECTION
DefendantUNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT
DefendantIMMIGRATION AND CUSTOMS ENFORCEMENT
DefendantUNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Opinion/Order [58]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-04-221COMPLAINT against UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number 0090-6074571) filed by NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS, TOM JONES. (Attachments: # 1 Civil Cover Sheet, # 2 LCvR 26.1 Certificate, # 3 Summons, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10)(Townsend, KatieLynn) (Entered: 04/22/2019)
2019-04-222LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NBC 7 SAN DIEGO. (zef, ) (Entered: 04/22/2019)
2019-04-22Case Assigned to Judge Reggie B. Walton. (zef, ) (Entered: 04/22/2019)
2019-04-223SUMMONS (6) Issued Electronically as to UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 04/22/2019)
2019-04-294RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/26/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 5/26/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/25/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES served on 4/24/2019; UNITED STATES CUSTOMS AND BORDER PROTECTION served on 4/24/2019; UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 4/24/2019; UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT served on 4/24/2019 (Attachments: # 1 Affidavits of Mailing)(Townsend, KatieLynn) (Entered: 04/29/2019)
2019-04-295GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on April 29, 2019. (lcrbw2) (Entered: 04/29/2019)
2019-05-246NOTICE of Appearance by Christopher Charles Hair on behalf of UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Hair, Christopher) (Entered: 05/24/2019)
2019-05-247Consent MOTION for Extension of Time to File Answer re 1 Complaint,, by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Hair, Christopher) (Entered: 05/24/2019)
2019-06-078Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Hair, Christopher) (Entered: 06/07/2019)
2019-06-10MINUTE ORDER. Upon consideration of the parties' 8 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before July 8, 2019, the parties shall file an additional joint status report advising the Court of, inter alia, the status of the defendants' response to the plaintiffs' FOIA requests. Signed by Judge Reggie B. Walton on June 10, 2019. (lcrbw2) (Entered: 06/10/2019)
2019-06-11MINUTE ORDER. Upon consideration of the 7 Defendants' Consent Motion for an Extension of Time to File Response to Complaint, and for good cause shown, it is hereby ORDERED that, on or before June 11, 2019, the defendants shall answer or otherwise respond to the plaintiffs' Complaint. Signed by Judge Reggie B. Walton on June 11, 2019. (lcrbw2) (Entered: 06/11/2019)
2019-06-11Set/Reset Deadlines: Answer due by 6/11/2019, (hs) (Entered: 06/11/2019)
2019-06-119ANSWER to Complaint by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT.(Hair, Christopher) (Entered: 06/11/2019)
2019-07-0810Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 07/08/2019)
2019-07-09MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before July 22, 2019, the parties shall file an additional joint status report advising the Court of the status of the defendants' response to each of the plaintiffs' requests and proposing future deadlines in this matter. Signed by Judge Reggie B. Walton on July 9, 2019. (lcrbw2) (Entered: 07/09/2019)
2019-07-0911NOTICE of Appearance by Adam Alexander Marshall on behalf of All Plaintiffs (Marshall, Adam) (Entered: 07/09/2019)
2019-07-2212Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Hair, Christopher) (Entered: 07/22/2019)
2019-08-2813Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Hair, Christopher) (Entered: 08/28/2019)
2019-08-29MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before October 25, 2019, the parties shall file an additional joint status report advising the Court of the status of the defendants' response to each of the plaintiffs' requests and proposing future deadlines in this matter. Signed by Judge Reggie B. Walton on August 29, 2019. (lcrbw2) (Entered: 08/29/2019)
2019-08-29Set/Reset Deadlines: Joint Status Report due by 10/25/2019 (hs) (Entered: 08/29/2019)
2019-10-2514Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Hair, Christopher) (Entered: 10/25/2019)
2019-10-28MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before December 13, 2019, the parties shall file an additional joint status report advising the Court of the status of the defendants' response to each of the plaintiffs' requests and proposing future deadlines in this matter. Signed by Judge Reggie B. Walton on October 28, 2019. (lcrbw1) (Entered: 10/28/2019)
2019-10-28Set/Reset Deadlines: Joint Status Report due by 12/13/2019 (hs) (Entered: 10/28/2019)
2019-12-1315Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Attachments: # 1 Plaintiffs' Proposed Order)(Townsend, KatieLynn) (Entered: 12/13/2019)
2019-12-17MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, it is hereby ORDERED that, on or before February 13, 2020, the parties shall file an additional joint status report advising the Court of when the United States Department of Homeland Security will complete its search for records responsive to the Reporters Committee's request and proposing a briefing schedule governing the filing of dispositive motions. Signed by Judge Reggie B. Walton on December 17, 2019. (lcrbw2) (Entered: 12/17/2019)
2019-12-1716NOTICE OF SUBSTITUTION OF COUNSEL by Sian Jones on behalf of UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT Substituting for attorney Christopher Hair (Jones, Sian) (Entered: 12/17/2019)
2019-12-18Set/Reset Deadlines: Joint Status Report due by 2/13/2020 (hs) (Entered: 12/18/2019)
2019-12-1917NOTICE of Appearance by Gunita Singh on behalf of TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Singh, Gunita) (Entered: 12/19/2019)
2020-02-1318Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order Plaintiff's Proposed Order, # 2 Text of Proposed Order Defendant's Proposed Order)(Jones, Sian) (Entered: 02/13/2020)
2020-02-1419ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before April 20, 2020, the defendants shall file their partial motion for summary judgment. It is further ORDERED that, on or before May 18, 2020, plaintiff the Reporters Committee for Freedom of the Press (the "Committee") shall file its combined opposition to the defendants' motion and cross-motion for summary judgment. It is further ORDERED that, on or before June 8, 2020, the defendants shall file their combined opposition to the Committee's cross-motion and reply in support of their motion. It is further ORDERED that, on or before June 29, 2020, the Committee shall file its reply in support of its cross-motion. It is further ORDERED that the parties shall appear before the Court for a status conference on February 25, 2020, at 2:30 p.m., to discuss the request for a processing schedule raised by the plaintiffs in the Joint Status Report. It is further ORDERED that the Committee and the defendants shall appear before the Court for a status conference on October 5, 2020, at 10:00 a.m., which shall serve as a target date for the resolution of the forthcoming cross-motions for summary judgment. Signed by Judge Reggie B. Walton on February 14, 2020. (lcrbw2) (Entered: 02/14/2020)
2020-02-14Set/Reset Deadlines/Hearings: on or before May 18, 2020, plaintiff the Reporters Committee for Freedom of the Press (the "Committee") shall file its combined opposition to the defendants' motion and cross-motion for summary judgment. It is further ORDERED that, on or before June 8, 2020, the defendants shall file their combined opposition to the Committee's cross-motion and reply in support of their motion. It is further ORDERED that, on or before June 29, 2020, the Committee shall file its reply in support of its cross-motion. Status Conference set for 2/25/2020 at 02:30 PM in addition the Committee and the defendants shall appear before the Court for a status conference on October 5, 2020, at 10:00 a.m. in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 02/14/2020)
2020-02-2520ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before April 13, 2020, the parties shall file a joint status report advising the Court of the status of the defendants' processing and production of the plaintiffs' Freedom of Information Act requests. Signed by Judge Reggie B. Walton on February 25, 2020. (lcrbw2) (Entered: 02/25/2020)
2020-02-25Minute Entry for proceedings held before Judge Reggie B. Walton: Status Conference held on 2/25/2020. Status Conference set for 10/5/2020 at 10:00 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Cathryn Jones.) (ztl) (Entered: 02/25/2020)
2020-02-27Set/Reset Deadlines: Joint Status Report due by 4/13/2020. (zgdf) (Entered: 02/27/2020)
2020-04-1321Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 04/13/2020)
2020-04-14MINUTE ORDER. Upon consideration of the parties' 21 Seventh Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before June 22, 2020, the parties shall file an additional joint status report advising the Court of the status of the defendants' processing and production of the plaintiffs' Freedom of Information Act requests. Signed by Judge Reggie B. Walton on April 14, 2020. (lcrbw2) (Entered: 04/14/2020)
2020-04-14Set/Reset Deadlines: Joint Status Report due by 6/22/2020 (hs) (Entered: 04/14/2020)
2020-04-2022Partial MOTION for Summary Judgment by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, and UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Text of Proposed Order)(Jones, Sian); Modified relief on 4/21/2020 (ztth). Modified on 9/29/2021 to add filer per chambers.(ztnr) (Entered: 04/20/2020)
2020-04-2023MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Text of Proposed Order)(Jones, Sian) (Entered: 04/20/2020)
2020-05-1824Cross MOTION for Partial Summary Judgment by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Adam A. Marshall, # 4 Declaration of Tom Jones, # 5 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 05/18/2020)
2020-05-1825RESPONSE re 23 MOTION for Summary Judgment , 22 MOTION for Partial Summary Judgment filed by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Adam A. Marshall, # 4 Declaration of Tom Jones, # 5 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 05/18/2020)
2020-06-0826RESPONSE to opposition to motion re 24 Cross MOTION for Partial Summary Judgment filed by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Amended SUMF, # 2 Exhibit 4, # 3 Exhibit 5, # 4 Exhibit 6, # 5 Response to Pls' SUMF)(Jones, Sian); Modified event on 6/9/2020 (ztth). (Entered: 06/08/2020)
2020-06-0827REPLY re 23 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Amended SUMF, # 2 Exhibit 4, # 3 Exhibit 5, # 4 Exhibit 6, # 5 Response to Pls' SUMF)(Jones, Sian); Modified event and text on 6/9/2020 (ztth). (Entered: 06/08/2020)
2020-06-2228Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 06/22/2020)
2020-06-26MINUTE ORDER. Upon consideration of the parties' 28 Eighth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before August 7, 2020, the parties shall file an additional joint status report advising the Court of the status of the defendants' processing and production of the plaintiffs' Freedom of Information Act requests. Signed by Judge Reggie B. Walton on June 26, 2020. (lcrbw2) (Entered: 06/26/2020)
2020-06-26Set/Reset Deadlines: Joint Status Report due by 8/7/2020 (hs) (Entered: 06/26/2020)
2020-06-2929REPLY to opposition to motion re 24 Cross MOTION for Partial Summary Judgment filed by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Attachments: # 1 Plaintiffs' Response to Defendants' Amended Statement of Undisputed Material Fact)(Townsend, KatieLynn) (Entered: 06/29/2020)
2020-08-0730Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Jones, Sian) (Entered: 08/07/2020)
2020-08-12MINUTE ORDER. Upon consideration of the parties' 30 Ninth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before September 30, 2020, the parties shall file an additional joint status report advising the Court of the status of the defendants' processing and production of the plaintiffs' Freedom of Information Act requests. Signed by Judge Reggie B. Walton on August 12, 2020. (lcrbw2) (Entered: 08/12/2020)
2020-08-12Set/Reset Deadlines: Joint Status Report due by 9/30/2020 (hs) (Entered: 08/12/2020)
2020-09-3031Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Jones, Sian) (Entered: 09/30/2020)
2020-10-02MINUTE ORDER. The Court requiring additional time to consider the pending motions for summary judgment in this case, it is hereby ORDERED that the status conference currently scheduled for October 5, 2020, is CONTINUED to January 19, 2021, at 11:00 a.m. Signed by Judge Reggie B. Walton on October 2, 2020. (lcrbw2) Modified on 10/2/2020 to edit year to 2021(hs). (Entered: 10/02/2020)
2020-10-02Set/Reset Hearings: Status Conference reset for 1/19/2021 at 11:00 AM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 10/02/2020)
2020-10-06MINUTE ORDER. Upon consideration of the parties' 31 Tenth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before November 16, 2020, the parties shall file an additional joint status report advising the Court of the status of the defendants' processing and production of the plaintiffs' Freedom of Information Act requests. Signed by Judge Reggie B. Walton on October 6, 2020. (lcrbw2) (Entered: 10/06/2020)
2020-10-07Set/Reset Deadlines: Joint Status Report due by 11/16/2020 (hs) (Entered: 10/07/2020)
2020-11-1632Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 11/16/2020)
2020-11-17MINUTE ORDER. Upon consideration of the parties' 32 Eleventh Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before December 17, 2020, the parties shall file an additional joint status report advising the Court of the status of the defendants' processing and production of the plaintiffs' Freedom of Information Act requests. Signed by Judge Reggie B. Walton on November 17, 2020. (lcrbw2) (Entered: 11/17/2020)
2020-11-17Set/Reset Deadlines: Joint Status Report due by 12/17/2020 (hs) (Entered: 11/17/2020)
2020-11-1933MOTION for Scheduling Order or, in the Alternative , MOTION for Telephone Conference by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Attachments: # 1 Declaration of Adam A. Marshall, # 2 Text of Proposed Order)(Marshall, Adam) (Entered: 11/19/2020)
2020-12-0234RESPONSE re 33 MOTION for Scheduling Order or, in the Alternative MOTION for Telephone Conference filed by UNITED STATES CUSTOMS AND BORDER PROTECTION. (Jones, Sian) (Entered: 12/02/2020)
2020-12-16MINUTE ORDER. The Court requiring additional information before resolving the 33 Plaintiffs' Motion for a Scheduling Order or, in the Alternative, a Telephonic Status Conference, it is hereby ORDERED that the parties shall appear before the Court for a motion hearing on January 4, 2021, at 1:30 p.m. via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on December 16, 2020. (lcrbw2) (Entered: 12/16/2020)
2020-12-16Set/Reset Hearings: Motion Hearing set for 1/4/2021 at 01:30 PM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 12/16/2020)
2020-12-1735Joint STATUS REPORT by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Jones, Sian) (Entered: 12/17/2020)
2020-12-28MINUTE ORDER. Upon consideration of the parties' 35 Twelfth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before January 25, 2021, the parties shall file an additional joint status report advising the Court of the status of the parties' progress. Signed by Judge Reggie B. Walton on December 28, 2020. (lcrbw2) (Entered: 12/28/2020)
2020-12-28Set/Reset Deadlines: Joint Status Report due by 1/25/2021 (hs) (Entered: 12/28/2020)
2021-01-04Minute Entry for proceedings held before Judge Reggie B. Walton: Motion Hearing held on 1/4/2021 re 33 MOTION for Scheduling Order or, in the Alternative MOTION for Telephone Conference filed by NBC 7 SAN DIEGO, TOM JONES, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. The parties inform the court of the status of this action, and the following deadlines are set: Defense to provide sampling by 1/29/2021; Joint Status Report due by 2/5/2021. Next Status Conference set for 2/9/2021 at 2:00 PM before Judge Reggie B. Walton via telephone conference. (Court Reporter Cathryn Jones.) (tj) (Entered: 01/04/2021)
2021-01-11MINUTE ORDER. The Court requiring additional time to consider the pending motions for summary judgment in this case, it is hereby ORDERED that the status conference currently scheduled for January 19, 2021, is CONTINUED to April 26, 2021, at 2:30 p.m. Signed by Judge Reggie B. Walton on January 11, 2021. (lcrbw2) (Entered: 01/11/2021)
2021-01-11Set/Reset Hearings: Status Conference reset for 4/26/2021 at 02:30 PM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 01/11/2021)
2021-01-1836ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before January 29, 2021, the defendant United States Customs and Border Protection shall provide to the plaintiffs a sample of the relevant searches of at least 500 pages. It is further ORDERED that, on or before February 5, 2021, the parties shall meet and confer to discuss specific proposals to address the breadth of the relevant searches and file a joint status report advising the Court of those discussions. It is further ORDERED that, on February 9, 2021, at 2:00 p.m., the parties shall appear before the Court for a status conference via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on January 18, 2021. (lcrbw2) (Entered: 01/18/2021)
2021-01-19Set/Reset Hearings: Status Conference set for 2/9/2021 at 02:00 PM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 01/19/2021)
2021-01-2537Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 01/25/2021)
2021-02-02MINUTE ORDER. Upon consideration of the parties' 37 Thirteenth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before March 5, 2021, the parties shall file an additional joint status report advising the Court of the status of the parties' progress. Signed by Judge Reggie B. Walton on February 2, 2021. (lcrbw2) (Entered: 02/02/2021)
2021-02-0538Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Attachments: # 1 Plaintiffs' Exhibit A, # 2 Plaintiffs' Exhibit B, # 3 Plaintiffs' Exhibit C, # 4 Plaintiffs' Proposed Order, # 5 Defendant CBP's Proposed Order)(Townsend, KatieLynn) (Attachment 1 replaced on 2/8/2021) (rj). (Attachment 2 replaced on 2/8/2021) (rj). (Attachment 3 replaced on 2/8/2021) (rj). Modified on 2/8/2021 to flatten attachments 1-3(rj). (Entered: 02/05/2021)
2021-02-09Minute Entry for proceedings held before Judge Reggie B. Walton: Status Conference held on 2/9/2021. The Joint Status Report due date of 3/5/2021 is VACATED. Joint Status Report due by 4/2/2021. (Court Reporter Cathryn Jones) (hs) (Entered: 02/09/2021)
2021-02-1039ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before March 26, 2021, the defendant United States Customs and Border Protection shall provide to the plaintiffs a sample of relevant searches of at least 900 pages. The sample shall include at minimum 300 pages from the year 2017, 300 pages from the year 2018, and 300 pages from the year 2019. The defendant United States Customs and Border Protection shall endeavor to provide the plaintiffs with an estimate of the number of de-duplicative pages they have identified that are responsive to the plaintiffs' Freedom of Information Act request. It is further ORDERED that the joint status report deadline set for March 5, 2021, is VACATED. It is further ORDERED that, on or before April 2, 2021, the parties shall file a joint status report advising the Court of their progress in this case. Signed by Judge Reggie B. Walton on February 10, 2021. (lcrbw2) (Entered: 02/10/2021)
2021-04-0240Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 04/02/2021)
2021-04-07MINUTE ORDER. Upon consideration of the parties' 40 Fifteenth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before April 22, 2021, the parties shall file an additional joint status report advising the Court of the status of the parties' progress. Signed by Judge Reggie B. Walton on April 7, 2021. (lcrbw2) (Entered: 04/07/2021)
2021-04-08Set/Reset Deadlines: Joint Status Report due by 4/22/2021 (hs) (Entered: 04/08/2021)
2021-04-22MINUTE ORDER. The Court requiring additional time to consider the pending motions for summary judgment in this case, it is hereby ORDERED that the status conference currently scheduled for April 26, 2021, is CONTINUED to August 2, 2021, at 3:30 p.m. Signed by Judge Reggie B. Walton on April 22, 2021. (lcrbw2) (Entered: 04/22/2021)
2021-04-2241Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order (Plaintiff), # 2 Text of Proposed Order (CBP))(Jones, Sian) (Entered: 04/22/2021)
2021-04-23Set/Reset Hearings: Status Conference set for 8/2/2021 at 03:30 PM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 04/23/2021)
2021-04-28MINUTE ORDER. Upon consideration of the parties' 41 Sixteenth Joint Status Report, and for good cause shown, it is hereby ORDERED that the defendant U.S. Customs and Border Protection shall process the remainder of records responsive to Item 10 of the plaintiff Reporters Committee for Freedom of the Press' FOIA request, as narrowed, at an average rate of 500 pages per month, with the next production to be made 30 days from the date of this order. It is further ORDERED that, on or before May 24, 2021, the parties shall file an additional joint status report advising the Court of the status of the parties' progress. Signed by Judge Reggie B. Walton on April 28, 2021. (lcrbw2) (Entered: 04/28/2021)
2021-04-29Set/Reset Deadlines: Joint Status Report due by 5/24/2021 (hs) (Entered: 04/29/2021)
2021-05-2442Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 05/24/2021)
2021-06-04MINUTE ORDER. Upon consideration of the parties' 42 Seventeenth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before July 7, 2021, the parties shall file an additional joint status report advising the Court on the status of the parties' progress. Signed by Judge Reggie B. Walton on June 4, 2021. (lcrbw2) (Entered: 06/04/2021)
2021-06-04Set/Reset Deadlines: Joint Status Report due by 7/7/2021 (hs) (Entered: 06/04/2021)
2021-07-0743Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION. (Jones, Sian) (Entered: 07/07/2021)
2021-07-09MINUTE ORDER. Upon consideration of the parties' 43 Eighteenth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before August 17, 2021, the parties shall file an additional joint status report further advising the Court on the status of the parties' progress. Signed by Judge Reggie B. Walton on July 9, 2021. (lcrbw2) (Entered: 07/09/2021)
2021-07-09Set/Reset Deadlines: Joint Status Report due by 8/17/2021 (hs) (Entered: 07/09/2021)
2021-07-30MINUTE ORDER. The Court requiring additional time to consider the pending motions for summary judgment in this case, it is hereby ORDERED that the status conference currently scheduled for August 2, 2021, is CONTINUED to November 12, 2021, at 10:30 a.m. Signed by Judge Reggie B. Walton on July 30, 2021. (lcnw) (Entered: 07/30/2021)
2021-07-30Set/Reset Hearings: Status Conference reset for 11/12/2021 at 10:30 AM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 07/30/2021)
2021-08-1744Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 08/17/2021)
2021-08-19MINUTE ORDER. Upon consideration of the parties' 44 Nineteenth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before September 29, 2021, the parties shall file an additional joint status report further advising the Court on the status of the parties' progress. Signed by Judge Reggie B. Walton on August 19, 2021. (lcrbw2) (Entered: 08/19/2021)
2021-08-19Set/Reset Deadlines: Joint Status Report due by 9/29/2021 (hs) (Entered: 08/19/2021)
2021-09-2945Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 09/29/2021)
2021-09-3046ORDER. In accordance with the attached Order, it is hereby ORDERED that the 33 Plaintiffs Motion for a Scheduling Order or, in the Alternative, a Telephonic Status Conference is DENIED AS MOOT. Signed by Judge Reggie B. Walton on September 30, 2021. (lcrbw2) (Entered: 09/30/2021)
2021-10-05MINUTE ORDER. Upon consideration of the parties' 45 Twentieth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before November 15, 2021, the parties shall file an additional joint status report advising the Court on the their progress in this case. Signed by Judge Reggie B. Walton on October 5, 2021. (lcrbw2) (Entered: 10/05/2021)
2021-10-05Set/Reset Deadlines: Joint Status Report due by 11/15/2021 (hs) (Entered: 10/05/2021)
2021-11-11MINUTE ORDER. The Court requiring additional time to consider the pending motions for summary judgment in this case, it is hereby ORDERED that the status conference currently scheduled for November 12, 2021 is CONTINUED to February 25, 2022, at 9:00 a.m. Signed by Judge Reggie B. Walton on November 11, 2021. (lcrbw2) (Entered: 11/11/2021)
2021-11-12Set/Reset Hearings: Status Conference set for 2/25/2022 at 09:00 AM in Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 11/12/2021)
2021-11-1547Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 11/15/2021)
2021-11-16MINUTE ORDER. Upon consideration of the parties' 47 Twenty-First Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before January 7, 2022, the parties shall file an additional joint status report advising the Court on the their progress in this case. Signed by Judge Reggie B. Walton on November 16, 2021. (lcrbw2) (Entered: 11/16/2021)
2021-11-16Set/Reset Deadlines: Joint Status Report due by 1/7/2022 (hs) (Entered: 11/16/2021)
2022-01-0748Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION. (Jones, Sian) (Entered: 01/07/2022)
2022-01-12MINUTE ORDER. Upon consideration of the parties' 48 Twenty-Second Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before February 23, 2022, the parties shall file an additional joint status report advising the Court on the their progress in this case. Signed by Judge Reggie B. Walton on January 12, 2022. (lcrbw2) (Entered: 01/12/2022)
2022-01-12Set/Reset Deadlines: Joint Status Report due by 2/23/2022. (adh, ) (Entered: 01/12/2022)
2022-02-1849Consent MOTION to Continue Hearing by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 02/18/2022)
2022-02-22MINUTE ORDER. Upon consideration of the 49 Defendants' Consent Motion for Continuance, for good cause shown, and the Court requiring additional time to consider the pending motions for summary judgment in this case, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the status conference currently scheduled for February 25, 2022, is CONTINUED to May 31, 2022, at 9:00 a.m. Signed by Judge Reggie B. Walton on February 22, 2022. (lcrbw2) (Entered: 02/22/2022)
2022-02-22Set/Reset Hearings: Status Conference reset for 5/31/2022 at 09:00 AM by Telephonic/VTC before Judge Reggie B. Walton. (adh, ) (Entered: 02/22/2022)
2022-02-2350Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION. (Jones, Sian) (Entered: 02/23/2022)
2022-03-14MINUTE ORDER. Upon consideration of the parties' 50 Twenty-Third Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before April 11, 2022, the parties shall file an additional joint status report advising the Court on the their progress in this case. Signed by Judge Reggie B. Walton on March 11, 2022. (lcrbw2) (Entered: 03/14/2022)
2022-03-14Set/Reset Deadlines: Joint Status Report due by 4/11/2022. (adh, ) (Entered: 03/14/2022)
2022-04-1151Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 04/11/2022)
2022-04-19MINUTE ORDER. Upon consideration of the parties' 51 Twenty-Fourth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before May 26, 2022, the parties shall file an additional joint status report advising the Court on their progress in this case. Signed by Judge Reggie B. Walton on April 19, 2022. (lcrbw2) (Entered: 04/19/2022)
2022-04-19Set/Reset Deadlines/Hearings: Joint Status Report due by 5/26/2022. (zcdw) (Entered: 04/19/2022)
2022-05-25MINUTE ORDER. The Court requiring additional time to consider the pending partial motions for summary judgment in this case, it is hereby ORDERED that the status conference currently scheduled for May 31, 2022, is CONTINUED to August 29, 2022, at 9:30 a.m. Signed by Judge Reggie B. Walton on May 25, 2022. (lcrbw2) (Entered: 05/25/2022)
2022-05-2652Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 05/26/2022)
2022-06-02MINUTE ORDER. Upon consideration of the parties' 52 Twenty-Fifth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before July 21, 2022, the parties shall file an additional joint status report advising the Court on their progress in this case. Signed by Judge Reggie B. Walton on June 2, 2022. (lcrbw2) (Entered: 06/02/2022)
2022-06-02Set/Reset Deadlines/Hearings: Joint Status Report due by 7/21/2022. (zcdw) (Entered: 06/02/2022)
2022-07-2153Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 07/21/2022)
2022-08-10MINUTE ORDER. Upon consideration of the parties' 53 Twenty-Sixth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before September 9, 2022, the parties shall file an additional joint status report advising the Court on their progress in this case. Signed by Judge Reggie B. Walton on August 10, 2022. (lcrbw2) (Entered: 08/10/2022)
2022-08-10Set/Reset Deadlines: Joint Status Report due by 9/9/2022 (mac) (Entered: 08/10/2022)
2022-08-26MINUTE ORDER. The Court requiring additional time to consider the pending partial motions for summary judgment in this case, it is hereby ORDERED that the status conference currently scheduled for August 29, 2022, is CONTINUED to November 29, 2022, at 9:00 a.m. The parties shall appear before the Court via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). This status conference will serve as a target date for the resolution of the pending motions. In the event that the Court is unable to resolve the motions by this date, the parties will be advised in advance that the status conference will be continued to a later date. Signed by Judge Reggie B. Walton on August 26, 2022. (lcrbw2) (Entered: 08/26/2022)
2022-09-0954Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 09/09/2022)
2022-09-19MINUTE ORDER. Upon consideration of the parties' 54 Twenty-Seventh Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before October 26, 2022, the parties shall file an additional joint status report advising the Court on their progress in this case. Signed by Judge Reggie B. Walton on September 19, 2022. (lcrbw2) (Entered: 09/19/2022)
2022-09-19Set/Reset Deadlines: Joint Status Report due by 10/26/2022 (mac) (Entered: 09/19/2022)
2022-09-3055ORDER. For the reasons to be set forth in the Memorandum Opinion to be issued by the Court within the next sixty days, absent extraordinary circumstances, the Court will (1) deny in part and deny without prejudice in part the defendants' motion for summary judgment and partial summary judgment and (2) grant in part and deny without prejudice in part the plaintiffs' cross-motion for partial summary judgment. Accordingly, it is hereby ORDERED that the 22 U.S. Department of Homeland Security's Motion for Summary Judgment and U.S. Customs and Border Protection's and U.S. Citizenship and Immigration Services' Motions for Partial Summary Judgment is DENIED IN PART AND DENIED WITHOUT PREJUDICE IN PART. The motion is DENIED as to (1) the U.S. Customs and Border Protection's ("CBP") search for records responsive to Item 9 of the Reporters Committee for Freedom of the Press's ("RCFP") FOIA request; (2) the United States Citizenship and Immigration Services' ("USCIS") search for records responsive to Item 10 of the RCFP's request; and (3) the Department of Homeland Security's ("DHS") search for records responsive to Items 9, 10, and 12 of the RCFPs request. The motion is DENIED WITHOUT PREJUDICE as to (1) the CBP's search for records responsive to Items 3 and 4 of NBC 7's FOIA request; and (2) the DHS's search for records responsive to Item 11 of the RCFP's request. It is further ORDERED that the 24 Plaintiffs' Cross-Motion for Partial Summary Judgment is GRANTED IN PART AND DENIED WITHOUT PREJUDICE IN PART. The motion is GRANTED as to (1) the CBP's search for records responsive to Item 9 of the RCFP's FOIA request; (2) the USCIS's search for records responsive to Item 10 of the RCFP's request; and (3) the DHS's search for records responsive to Items 9, 10, and 12 of the RCFP's request. The motion is DENIED WITHOUT PREJUDICE as to (1) the CBP's search for records responsive to Items 3 and 4 of NBC 7's FOIA request; and (2) the DHS's search for records responsive to Item 11 of the RCFP's request. It is further ORDERED that this Order is not a final Order subject to appeal. Signed by Judge Reggie B. Walton on September 30, 2022. (lcrbw1) (Entered: 09/30/2022)
2022-10-2656Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 10/26/2022)
2022-10-28MINUTE ORDER. Upon consideration of the parties' 56 Twenty-Eighth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before December 1, 2022, the parties shall file an additional joint status report advising the Court on their progress in this case. Signed by Judge Reggie B. Walton on October 28, 2022. (lcrbw2) (Entered: 10/28/2022)
2022-10-28Set/Reset Deadlines: Joint Status Report due by 12/1/2022 (mac) (Entered: 10/28/2022)
2022-11-23MINUTE ORDER. In light of the Court's forthcoming Memorandum Opinion and Order resolving the defendants' motion for summary judgment and partial summary judgment and the plaintiffs' cross-motion for partial summary judgment in this case, it is hereby ORDERED that the status conference scheduled for November 29, 2022, is VACATED. Signed by Judge Reggie B. Walton on November 23, 2022. (lcrbw2) (Entered: 11/23/2022)
2022-12-0157Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 12/01/2022)
2022-12-19MINUTE ORDER. Upon consideration of the parties' 57 Twenty-Ninth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before January 18, 2023, the parties shall file an additional joint status report advising the Court on their progress in this case. Signed by Judge Reggie B. Walton on December 19, 2022. (lcrbw2) (Entered: 12/19/2022)
2022-12-19Set/Reset Deadlines: Additional Joint Status Report due by 1/18/2023. (mac) (Entered: 12/19/2022)
2022-12-2058MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on December 20, 2022. (lcrbw2) (Entered: 12/20/2022)
2022-12-2059ORDER. In accordance with the Memorandum Opinion issued on this same date, it is hereby ORDERED that the 22 Defendant U.S. Department of Homeland Security's Motion for Summary Judgment and Defendants U.S. Customs and Border Protection's and U.S. Citizenship and Immigration Services' Motion for Partial Summary Judgment is DENIED IN PART AND DENIED WITHOUT PREJUDICE IN PART. The motion is DENIED as to (1) the United States Customs and Border Protection's ("CBP") search for records responsive to Item 9 of the Reporters Committee for Freedom of the Press's ("RCFP") FOIA request; (2) the United States Citizenship and Immigration Services' ("USCIS") search for records responsive to Item 10 of the RCFP's request; and (3) the Department of Homeland Security's ("DHS") search for records responsive to Items 9, 10, and 12 of the RCFP's request. The motion is DENIED WITHOUT PREJUDICE as to (1) the CBP's search for records responsive to Items 3 and 4 of NBC 7's FOIA request; and (2) the DHS's search for records responsive to Item 11 of the RCFP's request. It is further ORDERED that the 24 Plaintiffs' Cross-Motion for Partial Summary Judgment is GRANTED IN PART AND DENIED WITHOUT PREJUDICE IN PART. The motion is GRANTED as to (1) the CBP's search for records responsive to Item 9 of the RCFP's FOIA request; (2) the USCIS's search for records responsive to Item 10 of the RCFP's request; and (3) the DHS's search for records responsive to Items 9, 10, and 12 of the RCFP's request. The motion is DENIED WITHOUT PREJUDICE as to (1) the CBP's search for records responsive to Items 3 and 4 of NBC 7's FOIA request; and (2) the DHS's search for records responsive to Item 11 of the RCFP's request. It is further ORDERED that, on or before January 9, 2023, the parties shall file a joint status report, advising the Court as to whether they will renew their motions with respect to (1) the CBP's search for records responsive to Items 3 and 4 of NBC 7's FOIA request; and/or (2) the DHS's search for records responsive to Item 11 of the RCFP's request. As noted in the Court's Memorandum Opinion, the defendants may not again seek summary judgment regarding either of these issues unless they (1) properly construe the plaintiffs' requests in accordance with the Court's rulings; (2) review the records located by their searches for the records' responsiveness to the plaintiffs' requests; and (3) are able to provide the Court with non-conclusory explanations for their reasons for deeming any located records non-responsive. Signed by Judge Reggie B. Walton on December 20, 2022. (lcrbw2) (Entered: 12/20/2022)
2022-12-20Set/Reset Deadlines: Parties Joint Status Report due by 1/9/2023 (mac) (Entered: 12/20/2022)
2023-01-0960Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Jones, Sian) (Entered: 01/09/2023)
2023-01-1861Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION. (Jones, Sian) (Entered: 01/18/2023)
2023-01-18MINUTE ORDER. Upon consideration of the parties' 60 Thirtieth Joint Status Report and the parties' 61 Thirty-First Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before February 17, 2023, the parties shall file an additional joint status report advising the Court on their progress in this case and, if necessary, proposing a briefing schedule for defendant United States Customs and Border Protection's renewed motion for partial summary judgment as to Items 3 and 4 of NBC 7's request. Signed by Judge Reggie B. Walton on January 18, 2023. (lcrbw2) (Entered: 01/18/2023)
2023-01-18Set/Reset Deadlines: Parties Additional Joint Status Report due by 2/17/2023 (mac) (Entered: 01/18/2023)
2023-02-1762Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 02/17/2023)
2023-03-03MINUTE ORDER. Upon consideration of the parties' 62 Thirty-Second Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before April 3, 2023, the parties shall file an additional joint status report advising the Court on their progress in this case and, if necessary, proposing a briefing schedule for defendant United States Customs and Border Protection's renewed motion for partial summary judgment as to Items 3 and 4 of NBC 7's request. Signed by Judge Reggie B. Walton on March 3, 2023. (lcrbw2) (Entered: 03/03/2023)
2023-03-03Set/Reset Deadlines: Parties Additional Joint Status Report due by 4/3/2023 (mac) (Entered: 03/03/2023)
2023-04-0363Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 04/03/2023)
2023-04-07Upon consideration of the parties' 63 Thirty-Third Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before May 18, 2023, the parties shall file an additional joint status report advising the Court on their progress in this case and, if necessary, proposing a briefing schedule for defendant United States Customs and Border Protection's renewed motion for partial summary judgment as to Items 3 and 4 of NBC 7's request. Signed by Judge Reggie B. Walton on April 7, 2023. (lcrbw2) (Entered: 04/07/2023)
2023-05-1864Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 05/18/2023)
2023-05-18MINUTE ORDER. Upon consideration of the parties' 64 Thirty-Fourth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before July 11, 2023, the parties shall file an additional joint status report advising the Court on their progress in this case. Signed by Judge Reggie B. Walton on May 18, 2023. (lcrbw2) (Entered: 05/18/2023)
2023-07-1165Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 07/11/2023)
2023-07-12MINUTE ORDER. Upon consideration of the parties' 65 Thirty-Fifth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before August 28, 2023, the parties shall file an additional joint status report advising the Court on their progress in this case. Signed by Judge Reggie B. Walton on July 12, 2023. (lcrbw2) (Entered: 07/12/2023)
2023-08-2866Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 08/28/2023)
2023-08-29MINUTE ORDER. Upon consideration of the parties' 66 Thirty-Sixth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before October 12, 2023, the parties shall file an additional joint status report advising the Court on their progress in this case. Signed by Judge Reggie B. Walton on August 29, 2023. (lcrbw2) (Entered: 08/29/2023)
2023-08-3167NOTICE of Appearance by Alexander Schreiber on behalf of All Defendants (Schreiber, Alexander) (Entered: 08/31/2023)
2023-10-1268Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Marshall, Adam) (Entered: 10/12/2023)
2023-10-12MINUTE ORDER. Upon consideration of the parties' 68 Thirty-Seventh Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before December 11, 2023, the parties shall file an additional joint status report advising the Court on their progress in this case. Signed by Judge Reggie B. Walton on October 12, 2023. (lcrbw2) (Entered: 10/12/2023)
2023-12-1169Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Marshall, Adam) (Entered: 12/11/2023)
2023-12-11MINUTE ORDER. Upon consideration of the parties' 69 Thirty-Eighth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before February 9, 2024, the parties shall file an additional joint status report advising the Court on their progress in this case. Signed by Judge Reggie B. Walton on December 11, 2023. (lcrbw2) (Entered: 12/11/2023)
2024-02-0970Joint STATUS REPORT by TOM JONES, NBC 7 SAN DIEGO, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Marshall, Adam) (Entered: 02/09/2024)
2024-02-13MINUTE ORDER. Upon consideration of the parties' 70 Thirty-Ninth Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before April 9, 2024, the parties shall file an additional joint status report advising the Court on their progress in this case. Signed by Judge Reggie B. Walton on February 13, 2024. (lcrbw2) (Entered: 02/13/2024)
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