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Case TitleFRIEDMAN v. U.S. DEPARTMENT OF HOMELAND SECURITY, CUSTOMS AND BORDER PROTECTION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv00196
Date Filed2021-01-22
Date Closed2021-12-02
JudgeMagistrate Judge G. Michael Harvey
PlaintiffRON FRIEDMAN
Case DescriptionRon Friedman submitted a FOIA request to U.S. Customs and Border Protection for records concerning the revocation of his Global Entry/Trusted Traveler Program membership. The agency acknowledged of the request and denied the request entirely. Friedman filed an administrative appeal. The agency sided with Friedman but told him that some portions of the records would still be redacted under Exemption 7(C) (invasion of privacy concerning law enforcement records). After hearing nothing further from the agency, Friedman filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HOMELAND SECURITY, CUSTOMS AND BORDER PROTECTION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-01-221COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY, CUSTOMS AND BORDER PROTECTION ( Filing fee $ 402 receipt number ADCDC-8109782) filed by RON FRIEDMAN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5)(Boss, L.) (Entered: 01/22/2021)
2021-01-22Case Assigned to Judge Dabney L. Friedrich. (zsb) (Entered: 01/22/2021)
2021-01-22NOTICE OF ERROR re 1 Complaint; emailed to bboss@cozen.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Missing/incorrect summonses. Please submit using the event Request for Summons to issue., 2. Please use the FOIA summons found on the court's website. https://www.dcd.uscourts.gov/sites/dcd/files/Summons-FOIA_2013_FILL.pdf (zsb, ) (Entered: 01/22/2021)
2021-01-222REQUEST FOR SUMMONS TO ISSUE filed by RON FRIEDMAN.(Boss, L.) (Entered: 01/22/2021)
2021-01-223SUMMONS (1) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, CUSTOMS AND BORDER PROTECTION. (Attachment: # 1 Notice and Consent)(eg) (Entered: 01/22/2021)
2021-01-254STANDARD ORDER for civil cases. See text for details. Signed by Judge Dabney L. Friedrich on January 25, 2021. (lcdlf3) (Entered: 01/25/2021)
2021-03-26MINUTE ORDER. The plaintiff filed the Complaint in this action on January 22, 2021 against one defendant. As of the date of this order, the public docket reflects that the plaintiff has yet to file proof of service. The Court directs the plaintiff's attention to Federal Rule of Civil Procedure 4(m), which provides in pertinent part that if a defendant is not served within 90 days after the complaint is filed, the court, on motion or on its own after notice to the plaintiff, must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. Fed. R. Civ. P. 4(m). Unless service is waived, proof of service must be made to the court. Fed. R. Civ. P. 4(l)(1). To avoid the finality of a mandatory dismissal of this action against the defendants, it is ORDERED that the plaintiff must, on or before April 22, 2021, either cause process to be served upon the defendants and proof of service to be filed with the Court or establish good cause for the failure to do so. The failure to make such filings will result in dismissal of this case. So Ordered by Judge Dabney L. Friedrich on March 26, 2021. (lcdlf3) (Entered: 03/26/2021)
2021-03-26Set/Reset Deadlines: Time to effectuate service upon party due by 4/22/2021. (zjch) (Entered: 03/26/2021)
2021-03-265RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/26/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 4/25/2021.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY, CUSTOMS AND BORDER PROTECTION served on 2/8/2021 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Boss, L.) (Entered: 03/26/2021)
2021-03-316NOTICE of Appearance by Marsha Wellknown Yee on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY, CUSTOMS AND BORDER PROTECTION (Yee, Marsha) (Entered: 03/31/2021)
2021-04-127RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/02/2021. (Attachments: # 1 Exhibit 1)(Boss, L.) (Entered: 04/12/2021)
2021-04-208NOTICE of Consent to Assignment to Magistrate Judge by U.S. DEPARTMENT OF HOMELAND SECURITY, CUSTOMS AND BORDER PROTECTION (Yee, Marsha) (Entered: 04/20/2021)
2021-04-21MINUTE ORDER. The plaintiff is ORDERED, on or before April 28, 2021, to provide a response to the defendant's 8 Notice of Consent to Assignment to Magistrate Judge. So ordered by Judge Dabney L. Friedrich on April 21, 2021. (lcdlf3) (Entered: 04/21/2021)
2021-04-21Set/Reset Deadlines: Responses to the defendant's 8 Notice of Consent to Assignment to Magistrate Judge due by 4/28/2021 (zjch) (Entered: 04/21/2021)
2021-04-239NOTICE of Consent to Assignment to Magistrate Judge by RON FRIEDMAN (Attachments: # 1 Certificate of Service)(Boss, L.) (Entered: 04/23/2021)
2021-04-23MINUTE ORDER. In light of the parties' 8 9 Notices of Consent to Assignment to Magistrate Judge, this matter shall be referred to a Magistrate Judge for all purposes, including trial. So ordered by Judge Dabney L. Friedrich on April 23, 2021. (lcdlf3) (Entered: 04/23/2021)
2021-04-23CASE RANDOMLY REFERRED to Magistrate Judge G. Michael Harvey for all purposes. (adh, ) (Entered: 05/04/2021)
2021-04-2610ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY, CUSTOMS AND BORDER PROTECTION.(Yee, Marsha) (Entered: 04/26/2021)
2021-04-27ENTERED IN ERROR.....MINUTE ORDER. It is ORDERED that the parties shall confer in accordance with Rule 26(f) of the Federal Rules of Civil Procedure and Local Civil Rule 16.3 and file, on or before May 11, 2021, a joint meet and confer report as set forth in Local Civil Rule 16.3(d) suggesting a schedule for further proceedings. After receiving the report, the Court will set a scheduling conference unless the Court determines, on the basis of the report, that a conference is unnecessary. See Local Civil Rule 16.4. So ordered by Judge Dabney L. Friedrich on April 27, 2021. (lcdlf3) Modified on 5/4/2021 (zjch). (Entered: 04/27/2021)
2021-04-27Set/Reset Deadlines: Meet & Confer Statement due by 5/11/2021. (zjch) (Entered: 04/27/2021)
2021-05-0711FOIA/PRIVACY ACT STANDING ORDER. See Order for details. Proposed Briefing Schedule due by 6/7/2021. Signed by Magistrate Judge G. Michael Harvey on 5/7/21. (MFB) (Entered: 05/07/2021)
2021-06-0712Joint STATUS REPORT by RON FRIEDMAN. (Boss, L.) (Entered: 06/07/2021)
2021-06-0813SCHEDULING ORDER: Cross Motions due by 7/15/2021. Response to Cross Motions due by 8/5/2021. Reply to Cross Motions due by 8/26/2021. Summary Judgment motions and Vaughn Index due by 6/10/2021. Response to Motion for Summary Judgment due by 7/15/2021. Reply to Motion for Summary Judgment due by 8/5/2021. Signed by Magistrate Judge G. Michael Harvey on 6/8/21. (MFB) (Entered: 06/08/2021)
2021-06-1014MOTION for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY, CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Statement of Facts, # 2 Pollack Decl. & Exs., # 3 Text of Proposed Order)(Yee, Marsha) (Entered: 06/10/2021)
2021-07-1515Cross MOTION for Summary Judgment by RON FRIEDMAN. (Attachments: # 1 Certificate of Service, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Text of Proposed Order)(Boss, L.) (Entered: 07/15/2021)
2021-07-1516Memorandum in opposition to re 14 MOTION for Summary Judgment filed by RON FRIEDMAN. (Attachments: # 1 Certificate of Service, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Text of Proposed Order)(Boss, L.) (Entered: 07/15/2021)
2021-08-0517REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HOMELAND SECURITY, CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Pollack Suppl. Decl., # 2 Text of Proposed Order)(Yee, Marsha) (Entered: 08/05/2021)
2021-08-0518Memorandum in opposition to re 15 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HOMELAND SECURITY, CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Pollack Suppl. Decl., # 2 Text of Proposed Order)(Yee, Marsha) (Entered: 08/05/2021)
2021-08-2619REPLY to opposition to motion re 15 Cross MOTION for Summary Judgment filed by RON FRIEDMAN. (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(Boss, L.) (Entered: 08/26/2021)
2021-10-1820NOTICE OF SUBSTITUTION OF COUNSEL by Anna Walker on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY, CUSTOMS AND BORDER PROTECTION Substituting for attorney Marsha Wellknown Yee (Walker, Anna) (Entered: 10/18/2021)
2021-11-0421Consent MOTION to Stay by U.S. DEPARTMENT OF HOMELAND SECURITY, CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Walker, Anna) (Entered: 11/04/2021)
2021-11-0422ORDER granting AS MODIFIED 21 Motion to Stay; Set/Reset Deadlines: Status Report due by 12/20/2021. Signed by Magistrate Judge G. Michael Harvey on 11/4/21. (MFB) (Entered: 11/04/2021)
2021-12-0123STIPULATION of Dismissal by U.S. DEPARTMENT OF HOMELAND SECURITY, CUSTOMS AND BORDER PROTECTION. (Walker, Anna) (Entered: 12/01/2021)
2021-12-02MINUTE ORDER re 23 Stipulation of Dismissal filed by U.S. DEPARTMENT OF HOMELAND SECURITY, CUSTOMS AND BORDER PROTECTION. In light of the parties stipulation of dismissal, this action is hereby DISMISSED WITH PREJUDICE. All pending motions are DENIED AS MOOT. The Clerk of Court is respectfully directed to close this case. SO ORDERED. Signed by Magistrate Judge G. Michael Harvey on 12/2/21. (MFB) Modified text on 12/2/2021 (zpt). (Entered: 12/02/2021)
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