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Case TitleBlack Alliance for Just Immigration et al v. U.S. Customs and Border Protection (CBP)
DistrictEastern District of New York
CityBrooklyn
Case Number1:2020cv05198
Date Filed2020-10-28
Date Closed2023-01-11
JudgeJudge Carol Bagley Amon
PlaintiffBlack Alliance for Just Immigration
PlaintiffAmerican Immigration Council
PlaintiffAmerican Civil Liberties Union of San Diego & Imperial CountiesUnion
PlaintiffAmerican Civil Liberties Union of Texasof
Case DescriptionThe Black Alliance for Just Immigration submitted a FOIA request to U.S. Customs and Border Protection for records concerning CBP's involvement in domestic policing. BAJI also asked for expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, BAJI filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Expedited processing, Litigation - Attorney's fees

DefendantU.S. Customs and Border Protection (CBP)
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-10-281COMPLAINT against U.S. Customs and Border Protection (CBP) filing fee $ 400, receipt number ANYEDC-13598324 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Black Alliance for Just Immigration, American Civil Liberties Union of Texasof, American Civil Liberties Union of San Diego & Imperial CountiesUnion, American Immigration Council. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F) (Valenzuela, Claudia) (Entered: 10/28/2020)
2020-10-282MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13598458. by American Immigration Council. (Attachments: # 1 Affidavit in Support of PHV motion, # 2 Letter of Good Standing) (Valenzuela, Claudia) (Entered: 10/28/2020)
2020-10-28Case Assigned to Judge Carol Bagley Amon and Magistrate Judge Roanne L. Mann. Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) (Entered: 10/28/2020)
2020-10-283In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 10/28/2020)
2020-10-284This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 10/28/2020)
2020-10-28ORDER granting 2 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Roanne L. Mann on 10/28/2020. (LK) (Entered: 10/28/2020)
2020-10-295Proposed Summons. Re 1 Complaint,, by American Civil Liberties Union of San Diego & Imperial CountiesUnion, American Civil Liberties Union of Texasof, American Immigration Council, Black Alliance for Just Immigration (Valenzuela, Claudia) (Entered: 10/29/2020)
2020-10-296Summons Issued as to U.S. Customs and Border Protection (CBP), U.S. Attorney and U.S. Attorney General (Fernandez, Erica) (Entered: 10/29/2020)
2020-11-187SUMMONS Returned Executed by Black Alliance for Just Immigration, American Civil Liberties Union of Texasof, American Civil Liberties Union of San Diego & Imperial CountiesUnion, American Immigration Council. U.S. Customs and Border Protection (CBP) served on 11/5/2020, answer due 11/30/2020. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Valenzuela, Claudia) (Entered: 11/18/2020)
2020-12-028Consent MOTION for Extension of Time to File Answer or respond to the complaint by U.S. Customs and Border Protection (CBP). (Olds, Dara) (Entered: 12/02/2020)
2020-12-02ELECTRONIC ORDER granting, on consent, 8 Motion for Extension of Time to Answer. U.S. Customs and Border Protection (CBP) answer due 1/6/2021. Ordered by Magistrate Judge Roanne L. Mann on 12/2/2020. (Proujansky, Josh) (Entered: 12/02/2020)
2020-12-239MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13886206. by American Civil Liberties Union of San Diego & Imperial CountiesUnion, American Civil Liberties Union of Texasof, American Immigration Council, Black Alliance for Just Immigration. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing) (Drake, Brantley) (Entered: 12/23/2020)
2020-12-28ORDER granting 9 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure receipt of electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Roanne L. Mann on 12/28/2020. (GM) (Entered: 12/28/2020)
2021-01-0610ANSWER to 1 Complaint,, by U.S. Customs and Border Protection (CBP). (Olds, Dara) (Entered: 01/06/2021)
2021-01-08ORDER Counsel are directed to confer and, by January 13, 2021 , to file a joint letter-motion either requesting the scheduling of an initial conference in this FOIA litigation or proposing a schedule for pretrial proceedings. Ordered by Magistrate Judge Roanne L. Mann on 1/8/2021. (LK) (Entered: 01/08/2021)
2021-01-1311Letter joint letter requesting an initial conference by U.S. Customs and Border Protection (CBP) (Olds, Dara) (Entered: 01/13/2021)
2021-01-1312MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13984911. by American Civil Liberties Union of San Diego & Imperial CountiesUnion, American Civil Liberties Union of Texasof, American Immigration Council, Black Alliance for Just Immigration. (Attachments: # 1 Affidavit, # 2 Exhibit) (Huddleston, Kathryn) (Entered: 01/13/2021)
2021-01-1313NOTICE of Appearance by Brantley Shaw Drake on behalf of All Plaintiffs (notification declined or already on case) (Drake, Brantley) (Entered: 01/13/2021)
2021-01-1314SCHEDULING ORDER re 11 : Application granted. A telephonic initial conference will be held on January 26, 2021 at 2:00 p.m. ( See attached Scheduling Order). The parties were directed to file their submission as a letter-motion ( see 1/8/21 Order); henceforth, the Court will not consider any request for judicial action that has not been docketed as an ECF motion event. Counsel are directed to confer to jointly fill out and docket the attached questionnaire by 3:00 p.m. on January 22, 2021. *** To dial in to the initial conference, the parties are directed to call (877) 336-1839 and type in the access code 6672833. Ordered by Magistrate Judge Roanne L. Mann on 1/13/2021. (GM) (Entered: 01/13/2021)
2021-01-13ORDER granting 12 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Roanne L. Mann on 1/13/2021. (Proujansky, Josh) (Entered: 01/13/2021)
2021-01-2215Letter joint letter containing the parties' responses to the Court's initial conference questionnaire by U.S. Customs and Border Protection (CBP) (Olds, Dara) (Entered: 01/22/2021)
2021-01-2616Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann on January 26, 2021: The Court conducts a telephonic initial conference but does not set a discovery schedule, as the parties to this FOIA action do not plan to engage in formal discovery, see DE # 15 . By February 26, 2021, the parties shall file a joint updated status report describing the status of the CBP's search and production of documents, as well as what narrowing, if any, the parties have negotiated as to the scope of the search. The CBP shall begin producing responsive documents on a rolling basis. See attached . (GM) (Entered: 01/26/2021)
2021-02-2617STATUS REPORT Joint Status Letter by U.S. Customs and Border Protection (CBP) (Olds, Dara) (Entered: 02/26/2021)
2021-03-01STATUS REPORT ORDER [DE #17] Application granted. The parties are directed to file a further updated status report by March 15, 2021 . To the extent that their submission requests judicial action, it must be docketed as an ECF motion event, as required by this Court's Individual Rules. Ordered by Magistrate Judge Roanne L. Mann on 3/1/2021. (LK) (Entered: 03/01/2021)
2021-03-1518STATUS REPORT Joint Status Letter by U.S. Customs and Border Protection (CBP) (Olds, Dara) (Entered: 03/15/2021)
2021-03-16STATUS REPORT ORDER A joint updated status report is due by April 14, 2021 . Ordered by Magistrate Judge Roanne L. Mann on 3/16/2021. (LK) (Entered: 03/16/2021)
2021-04-1419STATUS REPORT joint status letter by U.S. Customs and Border Protection (CBP) (Olds, Dara) (Entered: 04/14/2021)
2021-04-19STATUS REPORT ORDER Application granted. The parties shall jointly file an updated status report by June 2, 2021 . Ordered by Magistrate Judge Roanne L. Mann on 4/19/2021. (LK) (Entered: 04/19/2021)
2021-04-2320MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14406107. by American Immigration Council. (Attachments: # 1 Affidavit in Support, # 2 Certificate of Good Standing - MD, # 3 Certificate of Good Standing - DC) (Creighton, Emily) (Entered: 04/23/2021)
2021-04-23ORDER granting 20 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Roanne L. Mann on 4/23/2021. (LK) (Entered: 04/23/2021)
2021-05-0321NOTICE of Appearance by Emily Creighton on behalf of American Immigration Council (notification declined or already on case) (Creighton, Emily) (Entered: 05/03/2021)
2021-06-0222STATUS REPORT joint status letter by U.S. Customs and Border Protection (CBP) (Olds, Dara) (Entered: 06/02/2021)
2021-06-03STATUS REPORT ORDER. A joint updated status report is due by July 2, 2021 . Ordered by Magistrate Judge Roanne L. Mann on 6/3/2021. (LK) (Entered: 06/03/2021)
2021-07-0223STATUS REPORT joint status letter by U.S. Customs and Border Protection (CBP) (Olds, Dara) (Entered: 07/02/2021)
2021-07-06SCHEDULING ORDER: re [DE #23]: A joint updated status report is due by August 2, 2021 . Ordered by Magistrate Judge Roanne L. Mann on 7/6/2021. (LK) (Entered: 07/06/2021)
2021-08-0224STATUS REPORT joint status report by U.S. Customs and Border Protection (CBP) (Olds, Dara) (Entered: 08/02/2021)
2021-08-02STATUS REPORT ORDER re [DE #24]: Application granted, on the following condition: Given the amount of time that has already passed, the next joint updated status report, due by September 3, 2021 , must include a proposed schedule for the expedited completion of defendants review and production. Ordered by Magistrate Judge Roanne L. Mann on 8/2/2021. (LK) (Entered: 08/02/2021)
2021-09-0325STATUS REPORT joint status report by U.S. Customs and Border Protection (CBP) (Olds, Dara) (Entered: 09/03/2021)
2021-09-07STATUS REPORT ORDER: Defendant is directed to complete its review and production by December 3, 2021, and the parties shall file a joint status report by December 6, 2021. Ordered by Magistrate Judge Roanne L. Mann on 9/7/2021. (Ertzbischoff, Natasha) (Entered: 09/07/2021)
2021-09-2126Letter MOTION for Extension of Time to File motion for extension of time to complete the review and processing of defendant's response to plaintiffs' FOIA request by U.S. Customs and Border Protection (CBP). (Attachments: # 1 Declaration of Patrick Howard) (Olds, Dara) (Entered: 09/21/2021)
2021-09-22ORDER 26 Motion for Extension of Time to File. The government's motion for an extension of time to review and process plaintiffs' FOIA request, which motion seeks an extended deadline of June 30, 2022 , fails to reflect whether the movant has consulted with plaintiffs' counsel and, if so, plaintiffs' position on the request. Therefore, the application is denied without prejudice. Ordered by Magistrate Judge Roanne L. Mann on 9/22/2021. (LK) (Entered: 09/22/2021)
2021-12-0127Consent MOTION for Extension of Time to File extension of time to comply with the Court's December 3, 2021 deadline by U.S. Customs and Border Protection (CBP). (Attachments: # 1 Declaration of Patrick Howard) (Olds, Dara) (Entered: 12/01/2021)
2021-12-02ORDER granting 27 Motion for Extension of Time to File. There being no objection from plaintiff, the Court grants defendant's request for a further extension of the production deadline, until December 17, 2021 , even though the universe of documents to be reviewed is only about one-third of what defendant had earlier projected. A joint updated status report is due by December 20, 2021 . Ordered by Magistrate Judge Roanne L. Mann on 12/2/2021. (LK) (Entered: 12/02/2021)
2021-12-2028MOTION for Extension of Time to File status letter and nunc pro tunc extension request by U.S. Customs and Border Protection (CBP). (Olds, Dara) (Entered: 12/20/2021)
2021-12-21ORDER granting 28 Motion for Extension of Time to File. Without objection, the Court grants the government's request for a two-day nunc pro tunc extension of the December 17th deadline. A joint updated status report is due by January 21, 2022. Ordered by Magistrate Judge Roanne L. Mann on 12/21/2021. (Proujansky, Josh) (Entered: 12/21/2021)
2022-01-2129STATUS REPORT joint status letter in compliance with the Court's December 21, 2021 order by U.S. Customs and Border Protection (CBP) (Attachments: # 1 January 21, 2022 Declaration of Patrick Howard) (Olds, Dara) (Entered: 01/21/2022)
2022-01-24ORDER re #29: In the status report filed by defendant on January 21, 2022 (DE #29), the parties propose that they be given until March 18, 2022 to file an updated joint status report and, if necessary, a proposed briefing schedule for summary judgment motions. Judge Amon's Individual Rules do not exempt FOIA cases from her premotion conference requirement. Therefore, in the event the parties anticipate filing Rule 56 motions, then unless they have requested and secured such an exemption from Judge Amon, they should file, contemporaneously with their March 18, 2022 joint status report, requests for a premotion conference before Judge Amon; if an exemption from the premotion conference requirement has been granted, the joint status report should include a proposed briefing schedule. Ordered by Magistrate Judge Roanne L. Mann on 1/24/2022. (LK) (Entered: 01/24/2022)
2022-03-1830STATUS REPORT joint status report in compliance with the Court's January 24, 2022 Order by U.S. Customs and Border Protection (CBP) (Olds, Dara) (Entered: 03/18/2022)
2022-03-18STATUS REPORT ORDER re 30 Status Report filed by U.S. Customs and Border Protection (CBP). Application granted. A joint updated status report is due by April 18, 2022; if a party determines in advance of that date that it wishes to move for summary judgment, that party shall, by that date, file a request for a premotion conference before Judge Amon. Ordered by Magistrate Judge Roanne L. Mann on 3/18/2022. (Proujansky, Josh) (Entered: 03/18/2022)
2022-04-1831STATUS REPORT joint status report in compliance with the Court's March 18, 2022 Order by U.S. Customs and Border Protection (CBP) (Olds, Dara) (Entered: 04/18/2022)
2022-04-18STATUS REPORT ORDER DE #31: A joint updated status report is due by June 30, 2022 . Ordered by Magistrate Judge Roanne L. Mann on 4/18/2022. (LK) (Entered: 04/18/2022)
2022-06-3032STATUS REPORT joint status report in compliance with Court's April 18, 2022 Order by U.S. Customs and Border Protection (CBP) (Olds, Dara) (Entered: 06/30/2022)
2022-07-01ORDER re 32 Status Report. The parties' joint application is granted: A joint status report is due by August 2, 2022 ; any contemporaneously filed request for a premotion conference should be addressed to Judge Amon. Ordered by Magistrate Judge Roanne L. Mann on 7/1/2022. (Ertzbischoff, Natasha) (Entered: 07/01/2022)
2022-08-0233STATUS REPORT joint status report in compliance with the Court's July 1, 2022 Order by U.S. Customs and Border Protection (CBP) (Olds, Dara) (Entered: 08/02/2022)
2022-08-03ORDER DE #33: The parties' joint application is granted in part only. As they have not shown good cause to further extend the deadline for requesting a premotion conference - for a period of nearly three months, until a date (October 31, 2022) more than two years after the commencement of this action - the deadline is instead extended to September 30, 2022 . Ordered by Magistrate Judge Roanne L. Mann on 8/3/2022. (LK) (Entered: 08/03/2022)
2022-09-3034STATUS REPORT joint status report in compliance with the Court's August 3, 2022 Order by U.S. Customs and Border Protection (CBP) (Olds, Dara) (Entered: 09/30/2022)
2022-09-30ORDER DE #34 Application granted. The parties shall, by November 14, 2022 , file either their stipulation of discontinuance or requests for a premotion conference before Judge Amon. Ordered by Magistrate Judge Roanne L. Mann on 9/30/2022. (LK) (Entered: 09/30/2022)
2022-11-1435STATUS REPORT joint status report concerning the Court's September 30, 2022 Order by U.S. Customs and Border Protection (CBP) (Olds, Dara) (Entered: 11/14/2022)
2022-11-15ORDER DE #35: The parties' joint request is granted. By January 10, 2023 , the parties' shall file their stipulation of discontinuance or joint proposed schedule for briefing plaintiff's fee application. Ordered by Magistrate Judge Roanne L. Mann on 11/15/2022. (LK) (Entered: 11/15/2022)
2023-01-09Case Reassigned to Magistrate Judge Sanket J. Bulsara. Magistrate Judge Roanne L. Mann no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (EF) (Entered: 01/09/2023)
2023-01-1036STIPULATION of Dismissal and Proposed Order by U.S. Customs and Border Protection (CBP) (Olds, Dara) (Entered: 01/10/2023)
2023-01-1137ORDER granting 36 Stipulation of Dismissal. Ordered by Judge Carol Bagley Amon on 1/11/2023. (JN) (Entered: 01/11/2023)
2023-01-11Civil Case Terminated. (EF) (Entered: 01/11/2023)
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