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Case TitleLlamas et al v. U.S. Customs and Border Protection et al
DistrictMiddle District of Florida
CityOrlando
Case Number6:2021cv01169
Date Filed2021-07-18
Date ClosedOpen
JudgeJudge Roy B. Dalton, Jr.
PlaintiffNoelle Llamas
PlaintiffKen Klippenstein
Case DescriptionNoelle Llamas and Ken Klipperstein, a reporter for the Intercept, submitted FOIA requests to U.S. Customs and Border Protection, the Department of Homeland Security, and the Department of Justice for records concerning the messaging related to the deployment of law enforcement assets during the rise of the Black Lives Matter demonstrations after the murder of George Floyd. Klipperstein also requested inclusion in the news media fee category. The agencies acknowledged receipt of the requests. After hearing nothing further from the agencies, Llamas and Klipperstein filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Customs and Border Protection
DefendantU.S. Immigration and Customs Enforcement
DefendantU.S. Department of Homeland Security
DefendantFederal Bureau of Investigation
DefendantU.S. Marshals Service
DefendantUnited States Marshals Service
DefendantU.S. Department of Justice
DefendantUnited States Department of Justice
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [29]
Opinion/Order [40]
Opinion/Order [42]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-07-181COMPLAINT against All Defendants (Filing fee $ 402 receipt number AFLMDC-18487220) filed by All Plaintiffs. (Attachments: # 1 Civil Cover Sheet)(Bourdon, Elizabeth) (Entered: 07/18/2021)
2021-07-182PROPOSED summons to be issued by KEN KLIPPENSTEIN, NOELLE LLAMAS. (Bourdon, Elizabeth) (Entered: 07/18/2021)
2021-07-183PROPOSED summons to be issued by KEN KLIPPENSTEIN, NOELLE LLAMAS. (Bourdon, Elizabeth) (Entered: 07/18/2021)
2021-07-184PROPOSED summons to be issued by KEN KLIPPENSTEIN, NOELLE LLAMAS. (Bourdon, Elizabeth) (Entered: 07/18/2021)
2021-07-185PROPOSED summons to be issued by KEN KLIPPENSTEIN, NOELLE LLAMAS. (Bourdon, Elizabeth) (Entered: 07/18/2021)
2021-07-186PROPOSED summons to be issued by KEN KLIPPENSTEIN, NOELLE LLAMAS. (Bourdon, Elizabeth) (Entered: 07/18/2021)
2021-07-187PROPOSED summons to be issued by KEN KLIPPENSTEIN, NOELLE LLAMAS. (Bourdon, Elizabeth) (Entered: 07/18/2021)
2021-07-188PROPOSED summons to be issued by KEN KLIPPENSTEIN, NOELLE LLAMAS. (Bourdon, Elizabeth) (Entered: 07/18/2021)
2021-07-189PROPOSED summons to be issued by KEN KLIPPENSTEIN, NOELLE LLAMAS. (Bourdon, Elizabeth) (Entered: 07/18/2021)
2021-07-1910NEW CASE ASSIGNED to Judge Roy B. Dalton, Jr. and Magistrate Judge Leslie R. Hoffman. New case number: 6:21-cv-1169-RBD-LRH. (SJB) (Entered: 07/19/2021)
2021-07-1911SUMMONS issued as to All Defendants, U.S. Attorney and U.S. Attorney General. (LDJ) (Entered: 07/19/2021)
2021-07-2312INITIAL ORDER re Case Management and Deadlines. Signed by Judge Roy B. Dalton, Jr. on 7/23/2021. (BIA) (ctp) (Entered: 07/23/2021)
2021-07-3013NOTICE of a related action per Local Rule 1.07(c) by Ken Klippenstein, Noelle Llamas. Related case(s): No (Bourdon, Elizabeth) (Entered: 07/30/2021)
2021-07-3014CERTIFICATE of interested persons and corporate disclosure statement re 12 Order pdf by Ken Klippenstein, Noelle Llamas identifying Corporate Parent The Intercept for Ken Klippenstein, Noelle Llamas. (Bourdon, Elizabeth) (Entered: 07/30/2021)
2021-08-1015Remark: Doc. 14 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 8/9/2021. (LLM) (Entered: 08/10/2021)
2021-08-1616Unopposed MOTION for Extension of Time until 9/18/21 to File Answer re 1 Complaint by All Defendants. (Smart, Adam) Motions referred to Magistrate Judge Leslie R. Hoffman. Modified text on 8/16/2021 (LDJ). (Entered: 08/16/2021)
2021-08-1617ORDER granting 16 Motion for Extension of Time to Respond re 1 Complaint. All Defendants' answer or response due by 9/20/2021. Signed by Magistrate Judge Leslie R. Hoffman on 8/16/2021. (MKH) (Entered: 08/16/2021)
2021-09-1018ORDER directing compliance to 12 Initial Order. On or before September 24, 2021, the Defendants are DIRECTED to file a Certificate of Interested Persons and Corporate Disclosure Statement that comply with the Court's order. Signed by Judge Roy B. Dalton, Jr. on 9/10/2021. (BIA) (Entered: 09/10/2021)
2021-09-1319CERTIFICATE of interested persons and corporate disclosure statement re 18 Order directing compliance by Federal Bureau of Investigation, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration and Customs Enforcement, U.S. Marshals Service. (Smart, Adam) (Entered: 09/13/2021)
2021-09-1420Remark: Doc. 19 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 9/14/2021. (LLM) (Entered: 09/14/2021)
2021-09-2021ANSWER and affirmative defenses to 1 Complaint by Federal Bureau of Investigation, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration and Customs Enforcement, U.S. Marshals Service.(Smart, Adam) (Entered: 09/20/2021)
2021-09-2822CASE MANAGEMENT REPORT. (Smart, Adam) (Entered: 09/28/2021)
2021-10-0723ORDER Setting Hearing. Preliminary Pretrial Conference set for 10/18/2021 at 02:00 PM in Orlando Courtroom 5 D before Magistrate Judge Leslie R. Hoffman. Signed by Magistrate Judge Leslie R. Hoffman on 10/7/2021. (MKH) (Entered: 10/07/2021)
2021-10-1424Unopposed MOTION to Continue Preliminary Pretrial Conference by Federal Bureau of Investigation, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Immigration and Customs Enforcement, U.S. Marshals Service. (Smart, Adam) Modified text on 10/15/2021 (LDJ). (Entered: 10/14/2021)
2021-10-1525Notice of substitution of AUSA. Erik Kenneth Stegeby substituting for AUSA Adam R. Smart. (Stegeby, Erik) (Entered: 10/15/2021)
2021-10-1526ORDER granting 24 Defendants' Unopposed Motion to Continue Preliminary Pretrial Conference. TAKE NOTICE that the preliminary pretrial conference to be held before the undersigned is hereby RESCHEDULED for Thursday October 28, 2021 at 3:00 p.m. in Courtroom No. 5D, Fifth Floor, U.S. Courthouse, 401 W. Central Boulevard, Orlando, Florida. Lead counsel for the parties shall attend the conference in person. Signed by Magistrate Judge Leslie R. Hoffman on 10/15/2021. (MKH) (Entered: 10/15/2021)
2021-10-15Reset hearing: Preliminary Pretrial Conference set for 10/28/2021 at 03:00 PM in Orlando Courtroom 5 D before Magistrate Judge Leslie R. Hoffman. (ECJ) (Entered: 10/15/2021)
2021-10-2828Minute Entry. In Person Proceedings held before Magistrate Judge Leslie R. Hoffman: PRELIMINARY PRETRIAL CONFERENCE held on 10/28/2021. (DIGITAL) (ECJ) (Entered: 10/29/2021)
2021-10-2927REPORT AND RECOMMENDATIONS re 22 Case Management Report. Signed by Magistrate Judge Leslie R. Hoffman on 10/29/2021. (MKH) (Entered: 10/29/2021)
2021-11-2229ORDER adopting 27 REPORT AND RECOMMENDATIONS re 22 Case Management Report. The Court will enter a Case Management and Scheduling Order reflecting the recommendations in the R&R. Signed by Judge Roy B. Dalton, Jr. on 11/22/2021. (BIA) (ctp) (Entered: 11/22/2021)
2021-12-0230Scheduling Order adopting Magistrate Judge Leslie R.Hoffman's Report and Recommendation 29 , SCHEDULING ORDER: Amended Pleadings due by 4/30/2022 Dispositive motions due by 8/31/2022 Signed by Judge Roy B. Dalton, Jr. on 12/1/2021. (YG) (Entered: 12/02/2021)
2022-08-3131Unopposed MOTION for Extension of Time to File Summary Judgment Motions, Responses and Replies by All Defendants. (Stegeby, Erik) Motions referred to Magistrate Judge Leslie Hoffman Price. (Entered: 08/31/2022)
2022-09-0632ENDORSED ORDER GRANTING Defendant's Unopposed Motion for an Extension of Time to File Summary Judgment Motions (Doc. 31 ). Deadlines are reset as follows: Summary Judgment Motion due December 29, 2022; Response to Summary Judgment Motion due by January 27, 2023; and Reply to Response to Summary Judgment Motion due by February 11, 2023. Signed by Judge Roy B. Dalton, Jr. on 9/6/2022. (Rex, Jennifer) (Entered: 09/06/2022)
2022-09-07Set/reset deadlines/hearings: Dispositive motions due by 12/29/2022, Responses due by 1/27/2023, and Replies due by 2/11/2023. (LMF) (Entered: 09/07/2022)
2022-12-2733Joint MOTION for Extension of Time to File Dispositive Motions by All Defendants. (Stegeby, Erik) Motions referred to Magistrate Judge Leslie Hoffman Price. (Entered: 12/27/2022)
2022-12-2834ENDORSED ORDER granting 33 Joint Motion for Extension of Time to File Summary Judgment Motions. The deadline for filing summary judgment motions is extended to February 27, 2023, the deadline for filing responses is extended to March 29, 2023, and the deadline for filing reply briefs is extended to April 12, 2023. Signed by Magistrate Judge Leslie Hoffman Price on 12/28/2022. (TNP) (Entered: 12/28/2022)
2023-02-2735Joint MOTION for Extension of Time to File Response/Reply to file Summary Judgment Motion by U.S. Customs and Border Protection. (Stegeby, Erik) Motions referred to Magistrate Judge Leslie Hoffman Price. (Entered: 02/27/2023)
2023-02-2736ORDER granting 35 Joint Motion for an Extension of Time to File Summary Judgment Motions. See PDF Order. Signed by Magistrate Judge Leslie Hoffman Price on 2/27/2023. (MKH) (Entered: 02/27/2023)
2023-06-2637STRICKEN per 37 Order -- Joint MOTION to Stay by All Defendants. (Stegeby, Erik) Modified to strike on 6/30/2023 (JK). (Entered: 06/26/2023)
2023-06-2938ORDER striking 37 Joint Motion to Stay Case. Signed by Magistrate Judge Leslie Hoffman Price on 6/29/2023. (MKH) (Entered: 06/29/2023)
2023-06-3039Amended MOTION to Stay by Ken Klippenstein, Noelle Llamas. (Bourdon, Elizabeth) (Entered: 06/30/2023)
2023-07-1140ORDER granting in part and denying in part 39 Amended Joint Motion to Stay Case. This cause is hereby STAYED for a period of ninety (90) days from the date of this Order. On or before expiration of this ninety (90) day period, the parties shall file a joint status report. If the parties contend that an extension of the stay is warranted, the status report must provide the production schedule, and detail as to what production remains outstanding. Signed by Magistrate Judge Leslie Hoffman Price on 7/11/2023. (MKH) (Entered: 07/11/2023)
2023-07-12Case Stayed. (LD) (Entered: 07/12/2023)
2023-10-0741STATUS report Regarding Production of Documents by Federal Bureau of Investigation, U.S. Customs and Border Protection, United States Marshals Service, United States Department of Justice, U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security. (Stegeby, Erik) (Entered: 10/07/2023)
2023-10-1142ORDER LIFTING STAY AND SETTING BRIEFING SCHEDULE. Deadline for filing summary judgment motions: December 11, 2023; Deadline for responses to summary judgment motions: January 10, 2024; Deadline for reply brief to summary judgment motions: January 24, 2024. Signed by Magistrate Judge Leslie Hoffman Price on 10/11/2023. (MKH) (Entered: 10/11/2023)
2023-10-11Case Stay Lifted. (HAI) (Entered: 10/13/2023)
2023-12-1143Joint MOTION for Extension of Time to File the Parties' Dispositive Motions or Stay of Case (Fourth) by Federal Bureau of Investigation, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, United States Department of Justice, United States Marshals Service. (Stegeby, Erik) Motions referred to Magistrate Judge Leslie Hoffman Price. (Entered: 12/11/2023)
2023-12-1244ORDER denying 43 Joint Motion (Fourth) for an Extension of Time to File Summary Judgment Motions or to Stay the Case. The following schedule will apply to the remainder of this case: * Deadline for filing summary judgment motions: January 8, 2024*; Deadline for responses to summary judgment motions: February 7, 2024 *; Deadline for reply brief to summary judgment motions: February 21, 2024. Given the length of the pendency of this case, and the extensions already provided, these deadlines will not be extended. Failure to comply with these deadlines may result in recommendations of sanctions such as dismissal for failure to prosecute or default. See PDF Order. Signed by Magistrate Judge Leslie Hoffman Price on 12/12/2023. (MKH) (Entered: 12/12/2023)
2024-01-0545STIPULATION of Dismissal (Joint) by Federal Bureau of Investigation, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, United States Department of Justice, United States Marshals Service. (Stegeby, Erik) (Entered: 01/05/2024)
2024-01-1046ORDER dismissing case with prejudice re 45 Stipulation of Dismissal. All pending motions are denied as moot and all deadlines and hearings are terminated. The Clerk is directed to close the file. Signed by Judge Roy B. Dalton, Jr. on 1/10/2024. (ALL) (Entered: 01/10/2024)
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