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Case TitleJOHNSON v. U.S. CUSTOMS AND BORDER PROTECTION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00068
Date Filed2023-01-10
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffLARRY B. JOHNSON
Case DescriptionLarry Johnson submitted a FOIA request to U.S. Customs and Border Protection for records concerning his interrogation at Port Blaine pertaining to seizure of medication for traumatic brain injury. The agency acknowledged receipt of the request but after the agency failed to respond, Johnson filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantU.S. CUSTOMS AND BORDER PROTECTION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-01-101COMPLAINT against U.S. CUSTOMS AND BORDER PROTECTION ( Filing fee $ 402 receipt number ADCDC-9779498) filed by Larry Baker Johnson. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Lopatto, John) (Entered: 01/10/2023)
2023-01-11Case Assigned to Judge Amit P. Mehta. (zsl) (Entered: 01/11/2023)
2023-01-112SUMMONS (1) Issued Electronically as to U.S. CUSTOMS AND BORDER PROTECTION. (Attachment: # 1 Notice and Consent)(zsl) (Entered: 01/11/2023)
2023-01-11NOTICE OF ERROR re 1 Complaint; emailed to JLopatto3@gmail.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zsl, ) (Entered: 01/11/2023)
2023-01-113REQUEST FOR SUMMONS TO ISSUE to Attorney General for the United States filed by LARRY B. JOHNSON. (Attachments: # 1 Summons to U.S. Attorney District of Columbia)(Lopatto, John) Modified docket text/event on 1/11/2023 (zed). (Entered: 01/11/2023)
2023-01-114SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (zed) (Entered: 01/11/2023)
2023-03-065NOTICE of Appearance by Dedra Seibel Curteman on behalf of All Defendants (Curteman, Dedra) (Entered: 03/06/2023)
2023-03-076AFFIDAVIT on Proof of Service by LARRY B. JOHNSON. (Lopatto, John) (Entered: 03/07/2023)
2023-03-079RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 1/18/2023, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/23/2023., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/7/2023. ( Answer due for ALL FEDERAL DEFENDANTS by 3/9/2023.) (See Docket Entry 6 to view document). (zed) (Entered: 03/28/2023)
2023-03-08RESOLVED...NOTICE of Provisional/Government Not Certified Status re 6 AFFIDAVIT on Proof of Service by LARRY B. JOHNSON. (Lopatto, John). Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 3/15/2023. (zbaj) Modified on 3/16/2023 (zbaj). (Entered: 03/08/2023)
2023-03-207ANSWER to Complaint by U.S. CUSTOMS AND BORDER PROTECTION.(Curteman, Dedra) (Entered: 03/20/2023)
2023-03-218ORDER. The parties shall meet and confer and file a Joint Status Report on or before April 3, 2023. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 03/21/2023. (lcapm1) (Entered: 03/21/2023)
2023-04-0310Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Curteman, Dedra) (Entered: 04/03/2023)
2023-04-04MINUTE ORDER. The parties shall file an additional Joint Status Report by June 1, 2023, which updates the court on the processing and production of responsive information. Signed by Judge Amit P. Mehta on 04/04/2023. (lcapm1) (Entered: 04/04/2023)
2023-06-0111Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Curteman, Dedra) (Entered: 06/01/2023)
2023-06-02MINUTE ORDER. The parties shall file an additional Joint Status Report by July 31, 2023, which updates the court on the processing and production of responsive information. Signed by Judge Amit P. Mehta on 06/02/2023. (lcapm1) (Entered: 06/02/2023)
2023-06-1412MOTION for Summary Judgment by LARRY B. JOHNSON. (Lopatto, John) (Entered: 06/14/2023)
2023-06-1413Supplement Points & Authorities re 12 MOTION for Summary Judgment by LARRY B. JOHNSON. (Attachments: # 1 Exhibit Exhibits 1 to 5)(Lopatto, John) Modified docket event/relationship on 6/15/2023 (zed). (Entered: 06/14/2023)
2023-06-1414Supplement Statement of Material Facts Not in Genuine Dispute re 12 MOTION for Summary Judgment by LARRY B. JOHNSON. (Lopatto, John) Modified docket event/relationship on 6/15/2023 (zed). Modified on 6/15/2023 (zed). (Entered: 06/14/2023)
2023-06-1415Text of Proposed Order re 12 MOTION for Summary Judgment by LARRY B. JOHNSON. (Lopatto, John) Modified docket event/relationship on 6/15/2023 (zed). (Entered: 06/14/2023)
2023-06-1416CERTIFICATE OF SERVICE by LARRY B. JOHNSON re 14 MOTION for Summary Judgment Statement of Material Facts Not in Genuine Dispute , 12 MOTION for Summary Judgment , 13 MOTION for Summary Judgment Points & Authorities , 15 MOTION for Summary Judgment Proposed Order . (Lopatto, John) (Entered: 06/14/2023)
2023-06-1517Supplement Declaration of Plaintiff's Counsel in Support on Motion for Summary Judgment by LARRY B. JOHNSON. (Lopatto, John) Modified docket event/relationship on 6/15/2023 (zed). (Entered: 06/15/2023)
2023-06-2818Memorandum in opposition to re 12 Motion for Summary Judgment filed by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Declaration, # 2 Statement of Facts)(Curteman, Dedra) (Entered: 06/28/2023)
2023-07-0519REPLY to opposition to motion re 12 MOTION for Summary Judgment with Request for Hearing filed by LARRY B. JOHNSON. (Lopatto, John) (Entered: 07/05/2023)
2023-07-3120Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Curteman, Dedra) (Entered: 07/31/2023)
2023-08-01MINUTE ORDER denying Plaintiff's Motion for Summary Judgment, ECF No. 12. Plaintiff demands immediate release of a video and related records pertaining to his interrogation by Defendant's officers on November 1, 2022, at the port of entry in Blaine, Washington. Plaintiff's demand is not justified. Plaintiff "fails to take into account two long-standing principles that apply to FOIA cases in this Circuit": (1) "courts... have considered the effect of other FOIA requests when analyzing the burden on an agency of meeting deadlines for review and production of FOIA material in a given case," and (2) "[a]gency affidavits are accorded a presumption of good faith, which cannot be rebutted by purely speculative claims." Middle E. F. v. U.S. Dep't of Homeland Sec., 297 F. Supp. 3d 183, 18586 (D.D.C. 2018) (internal quotation marks and citation omitted). Here, Plaintiff has presented no evidence to rebut the representations contained in the Howard Declaration concerning the agency's volume of FOIA requests and its resources to process such requests. ECF No. 18-1. He also has not demonstrated that the agency has been nonresponsive or dilatory with respect to his request. Plaintiff's motion for summary judgment is therefore denied. Signed by Judge Amit P. Mehta on 08/01/2023. (lcapm1). (Entered: 08/01/2023)
2023-08-01MINUTE ORDER. The parties shall file an additional Joint Status Report by October 2, 2023, which updates the court on the processing and production of responsive information. Signed by Judge Amit P. Mehta on 08/01/2023. (lcapm1). (Entered: 08/01/2023)
2023-09-2921Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Curteman, Dedra) (Entered: 09/29/2023)
2023-10-02MINUTE ORDER. The parties shall file an additional Joint Status Report by December 1, 2023, which updates the court on the processing and production of responsive information. Signed by Judge Amit P. Mehta on 10/02/2023. (lcapm1) (Entered: 10/02/2023)
2023-12-0122Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Curteman, Dedra) (Entered: 12/01/2023)
2023-12-04MINUTE ORDER. The parties shall file an additional Joint Status Report on or before March 1, 2024, which updates the court on the processing and production of responsive information. Additionally, Defendant shall provide an estimated time for producing the full 40 hours of video. Signed by Judge Amit P. Mehta on 12/04/2023. (lcapm1) (Entered: 12/04/2023)
2023-12-04Set/Reset Deadlines: Joint Status Report due by 3/1/2024. (smc) (Entered: 12/04/2023)
2024-03-0123Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Curteman, Dedra) (Entered: 03/01/2024)
2024-03-04MINUTE ORDER. The parties shall file an additional Joint Status Report on or before May 1, 2024, which updates the court on the processing and production of the requested video. Signed by Judge Amit P. Mehta on 03/04/2024. (lcapm1) (Entered: 03/04/2024)
2024-03-04Set/Reset Deadlines: Joint Status Report due by 5/1/2024. (zed) (Entered: 03/05/2024)
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