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Case Title STARK LINK ENGINEERING EQUIPMENT TRADING v. U.S. CUSTOMS AND BORDER PROTECTION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv01939
Date Filed2020-07-17
Date Closed2023-07-13
JudgeJudge Ana C. Reyes
PlaintiffSTARK LINK ENGINEERING EQUIPMENT TRADING
Case DescriptionStark Link Engineering Equipment Trading submitted a FOIA request to U.S. Customs and Border Protection for records concerning Customs Case No. 2019-5201-000352-01. The agency acknowledged receipt of the request and told Stark that it needed to provide a third-party authorization before it would process the request. Stark provided third-party authorization but when Stark heard nothing further from the agency, it filed an administrative appeal. After hearing nothing further Stark filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. CUSTOMS AND BORDER PROTECTION
DefendantU S Customs and Border Protection
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-07-171COMPLAINT against U S Customs and Border Protection ( Filing fee $ 400 receipt number ADCDC-7356145) filed by STARK LINK ENGINEERING EQUIPMENT TRADING.(Herrick, Peter) (Entered: 07/17/2020)
2020-07-172CIVIL COVER SHEET by STARK LINK ENGINEERING EQUIPMENT TRADING filed by STARK LINK ENGINEERING EQUIPMENT TRADING.(Herrick, Peter) (Entered: 07/17/2020)
2020-07-193REQUEST FOR SUMMONS TO ISSUE by STARK LINK ENGINEERING EQUIPMENT TRADING (Herrick, Peter) Modified on 7/21/2020 to correct docket entry text (zsb). (Entered: 07/19/2020)
2020-07-194REQUEST FOR SUMMONS TO ISSUE by STARK LINK ENGINEERING EQUIPMENT TRADING (Herrick, Peter) Modified on 7/21/2020 to correct docket entry text (zsb). (Entered: 07/19/2020)
2020-07-195REQUEST FOR SUMMONS TO ISSUE by STARK LINK ENGINEERING EQUIPMENT TRADING (Herrick, Peter) Modified on 7/21/2020 to correct docket entry text (zsb). (Entered: 07/19/2020)
2020-07-206ERRATA by STARK LINK ENGINEERING EQUIPMENT TRADING. (Herrick, Peter) (Entered: 07/20/2020)
2020-07-21Case Assigned to Judge Ketanji Brown Jackson. (zsb) (Entered: 07/21/2020)
2020-07-227SUMMONS (3) Issued Electronically as to U.S. CUSTOMS AND BORDER PROTECTION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 07/22/2020)
2020-07-288GENERAL 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 7/28/2020. (jag) (Entered: 07/28/2020)
2020-08-059RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General July 30, 2020. (Herrick, Peter) (Entered: 08/05/2020)
2020-08-0510RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 7/31/2020 (Herrick, Peter) (Entered: 08/05/2020)
2020-08-1711RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/12/2020. Answer due for ALL FEDERAL DEFENDANTS by 9/11/2020. (Herrick, Peter) (Entered: 08/17/2020)
2020-08-1712ERRATA re 11 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney by STARK LINK ENGINEERING EQUIPMENT TRADING. (Herrick, Peter) (Entered: 08/17/2020)
2020-10-0513Consent MOTION for Extension of Time to Respond to Plaintiff's Complaint by U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Truong, John) (Entered: 10/05/2020)
2020-10-15MINUTE ORDER granting, for good cause shown, 13 Consent Motion for Extension of Time to Answer. It is hereby ORDERED that Defendant shall answer or otherwise respond to the complaint on or before 11/4/2020. Signed by Judge Ketanji Brown Jackson on 10/15/2020. (jag) (Entered: 10/15/2020)
2020-11-0414ANSWER to Complaint by U.S. CUSTOMS AND BORDER PROTECTION.(Truong, John) (Entered: 11/04/2020)
2020-11-05MINUTE 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 11/19/2020. Signed by Judge Ketanji Brown Jackson on 11/4/2020. (jag) (Entered: 11/05/2020)
2020-11-1915Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Truong, John) (Entered: 11/19/2020)
2020-11-20MINUTE ORDER. In light of the representations in the parties' 15 Joint Status Report, it is hereby ORDERED that, on or before 12/30/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 11/20/2020. (jag) (Entered: 11/20/2020)
2020-12-3016Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Truong, John) (Entered: 12/30/2020)
2021-01-18MINUTE ORDER. In light of the representations in the parties' 16 Joint Status Report, it is hereby ORDERED that, on or before 3/1/2021, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 1/18/2021. (jag) (Entered: 01/18/2021)
2021-03-0117Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Truong, John) (Entered: 03/01/2021)
2021-03-18MINUTE ORDER setting schedule for further proceedings: Plaintiff's Amended Complaint is due on or before 4/8/2021; Defendant's Answer to the Amended Complaint is due on or before 4/22/2021; Defendant's Motion for Summary Judgment shall be served on or before 5/6/2021; Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be served on or before 6/7/2021; Defendant's Reply and Cross-Motion Opposition shall be served on or before 7/8/2021; Plaintiff's Cross-Motion Reply shall be served on or before 7/19/2021; briefs shall be filed as a batch within three (3) business days of the service of the last reply brief authorized by this Minute Order, but in any event no later than the Final Filing Deadline of 8/23/2021. Signed by Judge Ketanji Brown Jackson on 3/18/2021. (jag) (Entered: 03/18/2021)
2021-04-1218AMENDED COMPLAINT against U.S. CUSTOMS AND BORDER PROTECTION filed by STARK LINK ENGINEERING EQUIPMENT TRADING.(Herrick, Peter) (Entered: 04/12/2021)
2021-04-2119ANSWER to 18 Amended Complaint by U.S. CUSTOMS AND BORDER PROTECTION.(Truong, John) (Entered: 04/21/2021)
2021-06-29Judge Ketanji Brown Jackson has been elevated to serveon the U.S. Court of Appeals for the D.C. Circuit. She is therefore nolonger assigned to this case, and this matter has been reassigned to theCalendar Committee, which will oversee it until it is assigned toanother district judge. Any questions should be directed to JudgeJackson's former deputy clerk, Gwendolyn Franklin, at 202-354-3145or gwen_franklin@dcd.uscourts.gov. (rj) (Entered: 06/29/2021)
2021-07-0120NOTICE of Service of Defendant's Motion for Summary Judgment and Related Documents by U.S. CUSTOMS AND BORDER PROTECTION (Truong, John) (Entered: 07/01/2021)
2021-08-0321MOTION for Extension of Time to File Response/Reply by STARK LINK ENGINEERING EQUIPMENT TRADING. (Herrick, Peter) (Entered: 08/03/2021)
2021-08-0322STATUS REPORT by STARK LINK ENGINEERING EQUIPMENT TRADING. (Herrick, Peter) (Entered: 08/03/2021)
2021-08-04MINUTE ORDER (paperless) GRANTING plaintiff's 21 Consent Motion for an Extension of Time and MODIFYING, in light of the parties' 22 Joint Status Report, the Court's March 18, 2021 SCHEDULING ORDER as follows: 1) Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be served on or before August 24, 2021; 2) Defendant's Reply and Cross-Motion Opposition shall be served on or before September 24, 2021; 3) Plaintiff's Cross-Motion Reply shall be served on or before October 25, 2021; 4) briefs shall be filed as a batch within three (3) business days of the service of the last reply brief authorized by this Minute Order, but in any event no later than the Final Filing Deadline of November 29, 2021. Signed by Chief Judge Beryl A. Howell on August 4, 2021. (lcbah4) (Entered: 08/04/2021)
2021-08-04Set/Reset Deadlines: Brief due by 11/29/2021. (zgdf) (Entered: 08/05/2021)
2021-08-2523NOTICE of Service of Plaintiff's Motion for Summary Judgment and related documents by STARK LINK ENGINEERING EQUIPMENT TRADING (Herrick, Peter) (Entered: 08/25/2021)
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)
2021-11-1524NOTICE of Service of Defendant's Reply and Opposition to Plaintiff's Cross Motion Summary Judgment and Related Documents by U.S. CUSTOMS AND BORDER PROTECTION (Truong, John) (Entered: 11/15/2021)
2021-11-2925MOTION for Summary Judgment by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Patrick Howard and Exhibits)(Truong, John) (Entered: 11/29/2021)
2021-11-2926NOTICE of Ex Parte Submissions by U.S. CUSTOMS AND BORDER PROTECTION (Truong, John) (Entered: 11/29/2021)
2021-11-2927REPLY to opposition to motion re 25 MOTION for Summary Judgment filed by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Declaration of Patrick Howard (Supplemental))(Truong, John) (Entered: 11/29/2021)
2021-11-3028MOTION for Summary Judgment by STARK LINK ENGINEERING EQUIPMENT TRADING. (Attachments: # 1 Memorandum in Support, # 2 Material Facts, # 3 Proposed Order)(Herrick, Peter) (Entered: 11/30/2021)
2021-11-3029Memorandum in opposition to re 28 MOTION for Summary Judgment filed by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Declaration of Patrick Howard (Supplemental))(Truong, John) (Entered: 11/30/2021)
2021-11-3030Memorandum in opposition to re 25 MOTION for Summary Judgment filed by STARK LINK ENGINEERING EQUIPMENT TRADING. (See Docket Entry 28 to view document). (znmw) (Entered: 12/02/2021)
2022-11-0431NOTICE OF SUBSTITUTION OF COUNSEL by Christina O'Tousa on behalf of U.S. CUSTOMS AND BORDER PROTECTION Substituting for attorney John C. Truong (O'Tousa, Christina) (Entered: 11/04/2022)
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)
2023-03-21MINUTE ORDER: In the interest of judicial efficiency, Defendant's Motion for Summary Judgment 25 and Plaintiff's Motion for Summary Judgment 28 are DENIED WITHOUT PREJUDICE. The parties are directed to file a Joint Status Report within 21 days of the issuance of this Order updating the Court on: 1) any material developments in the case since the last filing; 2) the status of settlement discussions, if any; and 3) a proposal on how to conduct further proceedings in this case, including whether any moving party wishes to re-file its motion and a joint proposed briefing schedule for the same. Re-filed motions and associated papers should be updated to reflect developments in the case or case law, if any. Motions that are re-filed must comply with the requirements in Judge Reyes's standing order. Signed by Judge Ana C. Reyes on 3/21/2023. (lcas) (Entered: 03/21/2023)
2023-03-2132STANDING ORDER: The parties are directed to read Judge Reyes's attached Standing Order in Civil Cases in its entirety. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Ana C. Reyes on 3/21/2023. (lcas) (Entered: 03/21/2023)
2023-04-1133Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (O'Tousa, Christina) (Entered: 04/11/2023)
2023-04-11MINUTE ORDER: Upon consideration of the parties' 33 Joint Status Report, it is hereby ORDERED that the parties shall submit a joint status report on or before July 13, 2023 to update the Court on the status of the matter following Defendant's re-processing of the documents and to propose next steps in this matter. The Court notes that the parties are not required to seek the Court's approval to file further joint status reports per Judge Reyes' Standing Order in Civil Cases. Signed by Judge Ana C. Reyes on 4/11/2023. (lcas) (Entered: 04/11/2023)
2023-04-11Set/Reset Deadlines/Hearings: Joint Status Report due by 7/13/2023. (zcdw) (Entered: 04/11/2023)
2023-07-1334NOTICE of Voluntary Dismissal by STARK LINK ENGINEERING EQUIPMENT TRADING (Herrick, Peter) (Entered: 07/13/2023)
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