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Case TitleLewis v. United States Customs and Border Patrol
DistrictDistrict of Arizona
CityPhoenix Division
Case Number2:2021cv00736
Date Filed2021-04-27
Date Closed2022-05-05
JudgeMagistrate Judge Eileen S Willett
PlaintiffElaine Lewis on behalf of herself and the statutory beneficiaries
on behalf of Riley Lewis
Case DescriptionElaine Lewis submitted a FOIA request to U.S. Customs and Border Protection for records concerning the fatal automobile accident that killed Riley Lewis, who died as result of an 80-mile an hour pursuit by a CBP agent in Arizona. The agency acknowledged of the request but after hearing nothing further from the agency, Lewis filed an administrative appeal. In response to her administrative appeal, CBP told Lewis it would process her request. However, after hearing nothing further from the agency, Lewis filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Customs and Border Patrol
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-04-271COMPLAINT. Filing fee received: $402.00, receipt number 0970-19393338 filed by Elaine Lewis. (Kelly, Jason) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(BAC) (Entered: 04/27/2021)
2021-04-272SUMMONS Submitted by Elaine Lewis. (Kelly, Jason) (BAC) (Entered: 04/27/2021)
2021-04-273Filing fee paid, receipt number 0970-19393338. This case has been assigned to the Honorable Eileen S Willett. All future pleadings or documents should bear the correct case number: CV-21-00736-PHX-ESW. Magistrate Election form attached.(BAC) (Entered: 04/27/2021)
2021-04-274NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Elaine Lewis. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required . This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAC) (Entered: 04/27/2021)
2021-04-275NOTICE TO FILER OF DEFICIENCY re: 2 Summons Submitted filed by Elaine Lewis. Incorrect PDF attached. FOLLOW-UP ACTION REQUIRED: Please refile summons on the proper summons form provided in the Arizona District Court website, to reflect the correct text. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAC) (Entered: 04/27/2021)
2021-04-276Summons Issued as to United States Customs and Border Patrol. (BAC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 04/27/2021)
2021-05-138Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 05/14/2021)
2021-08-189**WITHDRAWN BY 10 and DENIED by 11 ORDER** APPLICATION for Entry of Default by Plaintiff Elaine Lewis. (Attachments: # 1 Exhibit Declaration App for Default, # 2 Exhibit Certified Mail, # 3 Exhibit CBP Instructions, # 4 Exhibit Email)(Kelly, Jason) Modified on 8/23/2021 (LAD). (Entered: 08/18/2021)
2021-08-2010WITHDRAWAL OF DOCUMENT re: 9 Application for Entry of Default by Plaintiff Elaine Lewis. (Kelly, Jason) (Entered: 08/20/2021)
2021-08-2011ORDER denying without prejudice Plaintiff's "Application the Entry of Default and Notice of Entry of Default" 9 . Signed by Magistrate Judge Eileen S Willett on 8/20/2021. (REK) (Entered: 08/20/2021)
2021-10-1912*DENIED pursuant to 18 Order -- APPLICATION for Entry of Default by Plaintiff Elaine Lewis against Defendant U.S. CUSTOMS AND BORDER PATROL. (Attachments: # 1 Exhibit Exhibit A. DECLARATION IN SUPPORT OF ENTRY OF DEFAULT, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Kelly, Jason) *Modified on 11/4/2021 (WLP). (Entered: 10/19/2021)
2021-10-2013ANSWER to 1 Complaint by United States Customs and Border Patrol.(Heathcotte, Brock) (Entered: 10/20/2021)
2021-10-2014Magistrate Election Form Deadline. (Attachments: # 1 Consent Form)(MAP) (Entered: 10/21/2021)
2021-10-2116Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 10/22/2021)
2021-10-2217Minute Order: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge Eileen S Willett conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Ninth Circuit Court of Appeals, if an appeal is filed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 10/22/2021)
2021-11-0418ORDER - On October 19, 2021, Plaintiff filed an Application for Entry of Default (Doc. 12 ). No entry of default was entered by the Clerk of Court. On October 20, 2021, Defendant filed its Answer (Doc. 13 ). Finding that Plaintiff would not be prejudiced by the denial of the Application (Doc. 12 ) and considering the Ninth Circuit's "oft stated commitment to deciding cases on the merits wherever possible," IT IS ORDERED denying Plaintiff's Application for Entry of Default (Doc. 12 ). Signed by Magistrate Judge Eileen S Willett on 11/3/2021. (WLP) (Entered: 11/04/2021)
2021-11-2419ORDER SETTING TELEPHONIC RULE 16 CASE MANAGEMENT CONFERENCE - A Telephonic Rule 16 Case Management Conference is set for December 14, 2021 at 10:30 a.m., before the Honorable Judge Eileen S. Willett, United States Magistrate Judge. Counsel for Plaintiff is directed to make arrangements for a call-in conference call. See document for complete details. Signed by Magistrate Judge Eileen S Willett on 11/24/2021. (WLP) (Entered: 11/24/2021)
2021-12-0620REPORT of Case Management Report by Plaintiff Elaine Lewis. (Attachments: # 1 Proposed Order Joint Proposed Case Management Order)(Kelly, Jason) (Entered: 12/06/2021)
2021-12-0621JOINT RULE 16 CASE MANAGEMENT ORDER - IT IS ORDERED vacating Rule 16 Case Management Conference set for December 14, 2021. Discovery due by 4/29/2022. Dispositive motions due by 7/11/2022. (See document for further details). Signed by Magistrate Judge Eileen S Willett on 12/6/2021. (LAD) (Entered: 12/06/2021)
2021-12-2222NOTICE of Service of Discovery filed by United States Customs and Border Patrol. (Heathcotte, Brock) (Entered: 12/22/2021)
2022-01-1123NOTICE of Service of Discovery filed by Elaine Lewis. (Kelly, Jason) (Entered: 01/11/2022)
2022-02-1124NOTICE of Service of Discovery filed by United States Customs and Border Patrol. (Heathcotte, Brock) (Entered: 02/11/2022)
2022-04-2825STIPULATION of Dismissal by United States Customs and Border Patrol. (Attachments: # 1 Proposed Order)(Heathcotte, Brock) (Entered: 04/28/2022)
2022-05-0526ORDER - IT IS ORDERED granting the Stipulation to Dismiss (Doc. 25 ). IT IS FURTHER ORDERED dismissing this matter with prejudice, each party to bear its own costs and attorneys' fees. The Clerk of Court is directed to terminate the case. See attached Order for complete details. Signed by Magistrate Judge Eileen S Willett on 5/4/22. (SMH) (Entered: 05/05/2022)
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