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Case TitleKAYLL v. U.S. DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02830
Date Filed2022-09-16
Date Closed2024-01-08
JudgeJudge John D. Bates
PlaintiffJESSICA KAYLL
Case DescriptionJessica Kayll submitted a FOIA request to U.S. Customs and Border Protection for records concerning herself. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Kayll filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

Defendant2255
U.S. DEPARTMENT OF HOMELAND SECURITY
2255
U.S. CUSTOMS AND BORDER PROTECTION
DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
DefendantU.S. CUSTOMS AND BORDER PROTECTION
AppealD.C. Circuit 24-5016
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [26]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-09-161COMPLAINT against U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 402 receipt number ADCDC-9527146) filed by JESSICA KAYLL. (Attachments: # 1 Civil Cover Sheet)(Schaeffer, Daniel) (Entered: 09/16/2022)
2022-09-162REQUEST FOR SUMMONS TO ISSUE re 1 Complaint filed by JESSICA KAYLL. Related document: 1 Complaint filed by JESSICA KAYLL.(Schaeffer, Daniel) (Entered: 09/16/2022)
2022-09-20Case Assigned to Judge John D. Bates. (zsb) (Entered: 09/20/2022)
2022-09-203SUMMONS (4) Issued Electronically as to U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 09/20/2022)
2022-10-274RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/23/2022. Answer due for ALL FEDERAL DEFENDANTS by 10/23/2022. (Schaeffer, Daniel) (Entered: 10/27/2022)
2022-10-275RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/26/2022. (Schaeffer, Daniel) (Entered: 10/27/2022)
2022-10-276RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 9/22/2022 (Schaeffer, Daniel) (Entered: 10/27/2022)
2022-10-277RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 9/22/2022 (Schaeffer, Daniel) (Entered: 10/27/2022)
2022-11-288ANSWER to Complaint by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY.(Escher, Sam) (Entered: 11/28/2022)
2022-11-289ORDER regarding scheduling. See text of Order for details. Signed by Judge John D. Bates on 11/28/2022. (lcjdb3) (Entered: 11/28/2022)
2022-11-30Set/Reset Deadlines: Proposed Schedule due by 12/20/2022 (tb) (Entered: 11/30/2022)
2022-12-2010Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Escher, Sam) (Entered: 12/20/2022)
2022-12-21MINUTE ORDER: Upon consideration of 10 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than January 20, 2023. SO ORDERED. Signed by Judge John D. Bates on 12/21/2022. (lcjdb3) (Entered: 12/21/2022)
2022-12-21Set/Reset Deadline: Joint Status Report due by 1/20/2023. (jth) (Entered: 12/21/2022)
2023-01-2011Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Escher, Sam) (Entered: 01/20/2023)
2023-01-20MINUTE ORDER: Upon consideration of 11 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than February 20, 2023. SO ORDERED. Signed by Judge John D. Bates on 1/20/2023. (lcjdb3) (Entered: 01/20/2023)
2023-01-23Set/Reset Deadlines: Joint Status Report due by 2/20/2023. (tb) (Entered: 01/23/2023)
2023-02-1712NOTICE of Appearance by Daniel P. Pierce on behalf of JESSICA KAYLL (Pierce, Daniel) (Entered: 02/17/2023)
2023-02-2113Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Escher, Sam) (Entered: 02/21/2023)
2023-02-21MINUTE ORDER: Upon consideration of 13 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report including, if necessary, a proposed joint briefing schedule, by not later than March 15, 2023. SO ORDERED. Signed by Judge John D. Bates on 2/21/2023. (lcjdb3) (Entered: 02/21/2023)
2023-02-22Set/Reset Deadlines: Joint Status Report due by 3/15/2023. (tb) (Entered: 02/22/2023)
2023-03-1514Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Plaintiff's Proposed Order, # 2 Defendants' Proposed Order)(Escher, Sam) (Entered: 03/15/2023)
2023-03-16MINUTE ORDER: Upon consideration of 14 the joint status report, and the entire record herein, it is hereby ORDERED that the parties shall submit a joint status report with an update on document production and proposal for the way forward by not later than April 26, 2023. SO ORDERED. Signed by Judge John D. Bates on 3/16/2023. (lcjdb3) (Entered: 03/16/2023)
2023-03-16Set/Reset Deadlines: Joint Status Report due by 4/26/2023. (tb) (Entered: 03/16/2023)
2023-04-2615Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Plaintiff's Proposed Order, # 2 Defendant's Proposed Order)(Escher, Sam) (Entered: 04/26/2023)
2023-04-28MINUTE ORDER: Upon consideration of 15 the joint status report, and the entire record herein, it is hereby ORDERED that defendants' motion for summary judgment shall be filed by not later than June 29, 2023; plaintiff's opposition shall be filed by not later than July 27, 2023; and defendants' reply shall be filed by not later than August 24, 2023. SO ORDERED. Signed by Judge John D. Bates on 4/28/2023. (lcjdb3) (Entered: 04/28/2023)
2023-05-01Set/Reset Deadlines: Summary Judgment motion due by 6/29/2023. Response to Motion for Summary Judgment due by 7/27/2023. Reply to Motion for Summary Judgment due by 8/24/2023. (tb) (Entered: 05/01/2023)
2023-06-2916MOTION for Summary Judgment by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Statement of Facts, # 2 CBP Declaration (Rasinski), # 3 State Declaration (Stein), # 4 Text of Proposed Order)(Escher, Sam) (Entered: 06/29/2023)
2023-07-2017Unopposed MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Summary Judgment by JESSICA KAYLL. (Hampe, Carl) (Entered: 07/20/2023)
2023-07-21MINUTE ORDER: Upon consideration of 17 plaintiff's unopposed motion for extension, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that plaintiff shall respond to the motion for summary judgment by not later than August 10, 2023 and defendants shall reply by not later than September 7, 2023. SO ORDERED. Signed by Judge John D. Bates on 7/21/2023. (lcjdb3) (Entered: 07/21/2023)
2023-07-21Set/Reset Deadlines: Plaintiff's Response in Opposition to 16 Defendants' Motion for Summary Judgment due by 8/10/2023; Defendants' Reply in Support of 16 Defendants' Motion for Summary Judgment due by 9/7/2023. (kk) (Entered: 07/21/2023)
2023-08-1018RESPONSE re 16 MOTION for Summary Judgment filed by JESSICA KAYLL. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Text of Proposed Order)(Hampe, Carl) (Entered: 08/10/2023)
2023-08-1019Cross MOTION for Summary Judgment by JESSICA KAYLL. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Declaration, # 4 Text of Proposed Order)(Hampe, Carl) (Entered: 08/10/2023)
2023-08-1520NOTICE OF FILING OF MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY JUDGMENT AND RESPONSE TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT by JESSICA KAYLL re 19 Motion for Summary Judgment, 18 Response to motion (Pierce, Daniel) (Entered: 08/15/2023)
2023-09-0621Unopposed MOTION for Extension of Time to Reply in Support of Motion for Summary Judgment and Oppose Plaintiff's Cross Motion for Summary Judgment by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Escher, Sam) (Entered: 09/06/2023)
2023-09-08MINUTE ORDER: Upon consideration of 21 defendants' unopposed motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendants shall file a reply in support of their motion for summary judgment and opposition to plaintiff's cross-motion for summary judgment by not later than September 12, 2023; and it is further ORDERED that plaintiff shall file any reply in support of her cross-motion for summary judgment by not later than September 26, 2023. SO ORDERED. Signed by Judge John D. Bates on 9/8/2023. (lcjdb3) (Entered: 09/08/2023)
2023-09-08Set/Reset Deadlines: Defendants Reply to Motion for Summary Judgment and Response to Cross Motion due by 9/12/2023. Plaintiff Reply to Cross Motion due by 9/26/2023. (zed) (Entered: 09/08/2023)
2023-09-1222REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 CBP ARO - Supplemental Declaration, # 2 Letter About State Department Records)(Escher, Sam) (Entered: 09/12/2023)
2023-09-1223Memorandum in opposition to re 19 Motion for Summary Judgment filed by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 CBP ARO - Supplemental Declaration, # 2 Letter About State Department Records)(Escher, Sam) (Entered: 09/12/2023)
2023-09-2624REPLY to opposition to motion re 16 MOTION for Summary Judgment , 19 Cross MOTION for Summary Judgment filed by JESSICA KAYLL. (Pierce, Daniel) (Entered: 09/26/2023)
2024-01-0825ORDER granting 16 defendants' motion for summary judgment; and denying 19 plaintiff's cross-motion for summary judgment. Signed by Judge John D. Bates on 1/8/2024. (lcjdb3) (Entered: 01/08/2024)
2024-01-0826MEMORANDUM OPINION. Signed by Judge John D. Bates on 1/8/2024. (lcjdb3) (Entered: 01/08/2024)
2024-01-2327NOTICE OF APPEAL TO DC CIRCUIT COURT as to 25 Order on Motion for Summary Judgment, 26 Memorandum & Opinion by JESSICA KAYLL. Filing fee $ 605, receipt number ADCDC-10636663. Fee Status: Fee Paid. Parties have been notified. (Hampe, Carl) (Main Document 27 replaced on 1/23/2024) (zjm). (Entered: 01/23/2024)
2024-01-2328Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re 27 Notice of Appeal to DC Circuit Court,. (zjm) (Entered: 01/23/2024)
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