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Case TitleORRICK, HERRINGTON & SUTCLIFFE LLP v. U.S. CUSTOMS AND BORDER PROTECTION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv01583
Date Filed2020-06-16
Date ClosedOpen
JudgeJudge Ana C. Reyes
PlaintiffORRICK, HERRINGTON & SUTCLIFFE LLP
Case DescriptionThe law firm of Orrick Herrington & Sutcliffe submitted FOIA requests to U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement for records concerning progress on reuniting minors detained at the border with their families. The agencies acknowledged receipt of the requests. After hearing nothing further from the agencies, the law firm filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. CUSTOMS AND BORDER PROTECTION
DefendantU.S. IMMIGRATION AND CUSTOM ENFORCEMENT
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-06-161COMPLAINT against U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT ( Filing fee $ 400 receipt number ADCDC-7236037) filed by ORRICK, HERRINGTON & SUTCLIFFE LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet, # 5 Summons to US Immigration and Customs Enforcement, # 6 Summons to US Customs and Border Protection, # 7 Summons to Acting US Attorney for DC, # 8 Summons to US Attorney General)(Stern, Robert) (Entered: 06/16/2020)
2020-06-162MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Rene Kathawala, Filing fee $ 100, receipt number ADCDC-7236114. Fee Status: Fee Paid. by ORRICK, HERRINGTON & SUTCLIFFE LLP (Attachments: # 1 Declaration of Rene Kathawala, # 2 Text of Proposed Order)(Rowe, Tiffany) (Entered: 06/16/2020)
2020-06-17Case Assigned to Judge Emmet G. Sullivan. (adh, ) (Entered: 06/17/2020)
2020-06-173ENTERED IN ERROR.....SUMMONS (4) Issued Electronically as to U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) Modified on 6/18/2020 (adh, ). (Entered: 06/17/2020)
2020-06-184STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 06/18/20. (Attachment: Exhibit 1) (mac) (Entered: 06/18/2020)
2020-06-185Case randomly reassigned to Judge Amy Berman Jackson. Judge Emmet G. Sullivan is no longer assigned to the case. (ztnr) (Entered: 06/18/2020)
2020-06-186REQUEST FOR SUMMONS TO ISSUE re 1 Complaint,, filed by ORRICK, HERRINGTON & SUTCLIFFE LLP. Related document: 1 Complaint,, filed by ORRICK, HERRINGTON & SUTCLIFFE LLP. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Stern, Robert) (Entered: 06/18/2020)
2020-06-187Case randomly reassigned to Judge Ketanji Brown Jackson. Judge Amy Berman Jackson is no longer assigned to the case. (ztnr) (Entered: 06/19/2020)
2020-06-238GENERAL ORDER AND GUIDELINES APPLICABLE TO FOIA CASES ASSIGNED TO JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Court's instructions for processing and production of records, batching motions, and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 6/23/2020. (jag) (Entered: 06/23/2020)
2020-06-23MINUTE ORDER granting 2 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Rene Kathawala is admitted pro hac vice in this matter as counsel for Plaintiff. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Ketanji Brown Jackson on 6/23/2020. (jag) (Entered: 06/23/2020)
2020-06-259NOTICE of Appearance by Rene Kathawala on behalf of ORRICK, HERRINGTON & SUTCLIFFE LLP (Kathawala, Rene) (Entered: 06/25/2020)
2020-06-2510CERTIFICATE OF SERVICE by ORRICK, HERRINGTON & SUTCLIFFE LLP re 8 Order,, Order on Motion for Leave to Appear Pro Hac Vice, . (Rowe, Tiffany) (Entered: 06/25/2020)
2020-07-0111SUMMONS (4) Issued Electronically as to U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 07/01/2020)
2020-07-2412ANSWER to Complaint by U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Attachments: # 1 Exhibit 1)(Brudy-Everett, Kristin) (Entered: 07/24/2020)
2020-07-24MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall review this Court's 8 General Order and Guidelines Applicable to FOIA Cases, and promptly confer and file a joint proposed schedule for disclosure or briefing motions for summary judgment, on or before 8/14/2020. Signed by Judge Ketanji Brown Jackson on 7/24/2020. (jag) (Entered: 07/24/2020)
2020-08-1413Joint PROPOSED BRIEFING SCHEDULE by U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Brudy-Everett, Kristin) Modified event title on 8/18/2020 (znmw). (Entered: 08/14/2020)
2021-04-28MINUTE ORDER. It is hereby ORDERED that, on or before 5/26/2021, the parties shall file a joint status report updating this Court on the status of processing and production records that are responsive to the Plaintiff's FOIA request, which shall indicate whether there are any remaining disputes regarding the processing and production rate. Signed by Judge Ketanji Brown Jackson on 4/28/2021. (jag) (Entered: 04/28/2021)
2021-05-2614Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 05/26/2021)
2021-06-01MINUTE ORDER. In light of the representations in the parties' 14 Joint Status Report, it is hereby ORDERED that, on or before 8/24/2021, the parties shall file further joint status report, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 6/1/2021. (jag) (Entered: 06/01/2021)
2021-06-29Judge Ketanji Brown Jackson has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Jackson's former deputy clerk, Gwendolyn Franklin, at 202-354-3145 or gwen_franklin@dcd.uscourts.gov. (rj) (Entered: 06/29/2021)
2021-07-0215NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT Substituting for attorney Kristin Brudy-Everett (Moustakas, John) (Entered: 07/02/2021)
2021-08-2416Joint STATUS REPORT by ORRICK, HERRINGTON & SUTCLIFFE LLP. (Attachments: # 1 Text of Proposed Order)(Rowe, Tiffany) (Entered: 08/24/2021)
2021-08-25MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 16 Joint Status Report, the parties to submit a joint status report by November 22, 2021. Signed by Chief Judge Beryl A. Howell on August 25, 2021. (lcbah4) (Entered: 08/25/2021)
2021-08-26Set/Reset Deadlines: Joint Status Report due by 11/22/2021. (zgdf) (Entered: 08/26/2021)
2021-10-01Case directly reassigned to Judge Florence Y. Pan. Judge Ketanji Brown Jackson has been appointed to the D.C. Circuit and is no longer assigned to the case. (rj) (Entered: 10/01/2021)
2021-11-2217Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Moustakas, John) (Entered: 11/22/2021)
2021-11-24MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, the parties are directed to file another joint status report on or before February 22, 2022. Signed by Judge Florence Y. Pan on 11/24/21. (lcrl) (Entered: 11/24/2021)
2021-11-24Set/Reset Deadlines: Joint Status Report due by 2/22/2022. (zacr) (Entered: 11/24/2021)
2022-02-2218Joint STATUS REPORT by ORRICK, HERRINGTON & SUTCLIFFE LLP. (Attachments: # 1 Text of Proposed Order)(Rowe, Tiffany) (Entered: 02/22/2022)
2022-02-2319ERRATA by U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT re 18 Status Report filed by ORRICK, HERRINGTON & SUTCLIFFE LLP. (Attachments: # 1 Exhibit)(Moustakas, John) (Entered: 02/23/2022)
2022-02-24MINUTE ORDER. Upon consideration of the parties' 18 Joint Status Report, the parties are directed to file another joint status report on or before May 22, 2022. Signed by Judge Florence Y. Pan on 2/24/2022. (lcsw) (Entered: 02/24/2022)
2022-02-24Set/Reset Deadlines: Joint Status Report due by 5/22/2022. (zacr) (Entered: 02/24/2022)
2022-04-2620NOTICE OF WITHDRAWAL OF APPEARANCE as to ORRICK, HERRINGTON & SUTCLIFFE LLP. Attorney Robert M. Stern terminated. (Stern, Robert) (Entered: 04/26/2022)
2022-05-2021Joint STATUS REPORT by ORRICK, HERRINGTON & SUTCLIFFE LLP. (Attachments: # 1 Text of Proposed Order)(Rowe, Tiffany) (Entered: 05/20/2022)
2022-05-24MINUTE ORDER. Upon consideration of the parties' 21 Joint Status Report, the parties are directed to file another joint status report on or before September 22, 2022, and every 90 days thereafter. Signed by Judge Florence Y. Pan on 5/24/2022. (lcrl) (Entered: 05/24/2022)
2022-05-24Set/Reset Deadlines: Joint Status Report due by 9/22/2022. (zacr) (Entered: 05/24/2022)
2022-09-2222Joint STATUS REPORT by ORRICK, HERRINGTON & SUTCLIFFE LLP. (Rowe, Tiffany) (Entered: 09/22/2022)
2022-09-23Judge Florence Y. Pan has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Pan's former deputy clerk, Samantha Calloway, at 202-354-3163 or samantha_calloway@dcd.uscourts.gov. (ztnr) (Entered: 09/23/2022)
2022-11-2223Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Moustakas, John) (Entered: 11/22/2022)
2022-11-28MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 23 Joint Status Report, the parties to file, by February 20, 2023, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on November 28, 2022. (lcbah4) (Entered: 11/28/2022)
2022-11-28Set/Reset Deadlines: Joint Status Report due by 2/20/2023. (smc) (Entered: 11/29/2022)
2023-02-2324Joint STATUS REPORT by ORRICK, HERRINGTON & SUTCLIFFE LLP. (Attachments: # 1 Text of Proposed Order)(Rowe, Tiffany) (Entered: 02/23/2023)
2023-02-24Case directly reassigned to District Judge Ana C. Reyes. Circuit Judge Florence Y Pan is no longer assigned to the case. (ztnr) (Entered: 02/24/2023)
2023-03-02MINUTE ORDER. UPON CONSIDERATION of the parties' 24 Joint Status Report, it is hereby ORDERED that the parties' next joint status report is due on or before April 24, 2023. Signed by Judge Ana C. Reyes on 3/2/2023. (lcjo) (Entered: 03/02/2023)
2023-03-03Set/Reset Deadlines/Hearings: Joint Status Report due by 4/24/2023. (zcdw) (Entered: 03/03/2023)
2023-04-2425Joint STATUS REPORT by ORRICK, HERRINGTON & SUTCLIFFE LLP. (Attachments: # 1 Text of Proposed Order)(Rowe, Tiffany) (Entered: 04/24/2023)
2023-04-24MINUTE ORDER. Upon consideration of the parties' 25 Joint Status Report, and the entire record herein, it is hereby ORDERED that the parties' next joint status report is due on or before June 26, 2023. The Court notes that the parties are not required to seek the Court's approval to file further joint status reports per Judge Reyes's Standing Order in Civil Cases, which is available on her webpage. Signed by Judge Ana C. Reyes on 4/24/2023. (lcjo) (Entered: 04/24/2023)
2023-04-25Set/Reset Deadlines/Hearings: Joint Status Report due by 6/26/2023. (zcdw) (Entered: 04/25/2023)
2023-06-2626Joint STATUS REPORT by ORRICK, HERRINGTON & SUTCLIFFE LLP. (Attachments: # 1 Text of Proposed Order)(Rowe, Tiffany) (Entered: 06/26/2023)
2023-06-29MINUTE ORDER. Upon consideration of the parties' 26 Joint Status Report, and the entire record herein, it is hereby ORDERED that the parties' next joint status report is due on or before August 28, 2023. The Court notes that the parties are not required to seek the Court's approval to file further joint status reports per Judge Reyes's Standing Order in Civil Cases, which is available on her webpage. Signed by Judge Ana C. Reyes on 6/29/2023. (lcjo) (Entered: 06/29/2023)
2023-06-30Set/Reset Deadlines/Hearings: Joint Status Report due by 8/28/2023. (zcdw) (Entered: 06/30/2023)
2023-08-2827Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Moustakas, John) (Entered: 08/28/2023)
2023-08-29MINUTE ORDER. Upon consideration of the parties' 27 Joint Status Report, and the entire record herein, it is hereby ORDERED that the parties' next joint status report is due on or before February 26, 2024. Signed by Judge Ana C. Reyes on 8/29/2023. (lcacr1) (Entered: 08/29/2023)
2023-08-29Set/Reset Deadlines/Hearings: Joint Status Report due by 2/26/2024. (zcdw) (Entered: 08/29/2023)
2024-02-0228NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez Horowitz on behalf of U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT Substituting for attorney John Moustakas (Gonzalez Horowitz, Brenda) (Entered: 02/02/2024)
2024-02-2629Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. IMMIGRATION AND CUSTOM ENFORCEMENT. (Gonzalez Horowitz, Brenda) (Entered: 02/26/2024)
2024-02-26MINUTE ORDER. As requested by the parties in their 29 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before August 20, 2024. Signed by Judge Ana C. Reyes on 2/26/2024. (lcacr1) (Entered: 02/26/2024)
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