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Case TitleTOWER v. UNITED STATES CUSTOMS AND BORDER PROTECTION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00204
Date Filed2023-01-25
Date ClosedOpen
JudgeJudge John D. Bates
PlaintiffANDREW TOWER
Case DescriptionAndrew Tower, a Customs and Border Protection agent, submitted a FOIA request to U.S. Customs and Border Protection for records concerning why the union was continuing to deduct dues from his paycheck. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Tower 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 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

2023-01-251COMPLAINT against UNITED STATES CUSTOMS AND BORDER PROTECTION ( Filing fee $ 402 receipt number ADCDC-9811238) filed by ANDREW TOWER. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet, # 5 Summons U.S. Customs & Border Protection, # 6 Summons U.S. Attorney, # 7 Summons U.S. Attorney General)(Dorey, David) (Entered: 01/25/2023)
2023-01-25Case Assigned to Judge John D. Bates. (zrtw) (Entered: 01/25/2023)
2023-01-252SUMMONS (3) Issued Electronically as to UNITED STATES CUSTOMS AND BORDER PROTECTION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 01/25/2023)
2023-02-073NOTICE of Appearance by Tessa Elizabeth Shurr on behalf of ANDREW TOWER (Shurr, Tessa) (Entered: 02/07/2023)
2023-02-084RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/25/2023. Answer due for ALL FEDERAL DEFENDANTS by 2/24/2023. (Attachments: # 1 Exhibit Receipt of Service)(Dorey, David) (Entered: 02/08/2023)
2023-02-085RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/01/23. (Attachments: # 1 Exhibit Receipt of Service)(Dorey, David) (Entered: 02/08/2023)
2023-02-086RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CUSTOMS AND BORDER PROTECTION served on 1/31/2023 (Attachments: # 1 Exhibit USPS Tracking)(Dorey, David) (Entered: 02/08/2023)
2023-02-227Consent MOTION for Extension of Time to File Answer re 1 Complaint, with proposed order by UNITED STATES CUSTOMS AND BORDER PROTECTION. (O'Tousa, Christina) (Entered: 02/22/2023)
2023-02-23MINUTE ORDER: Upon consideration of 7 defendant's unopposed motion for extension of time to respond to complaint, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendant shall answer or otherwise respond to plaintiff's complaint by not later than April 7, 2023. SO ORDERED. Signed by Judge John D. Bates on 2/23/2023. (lcjdb2) (Entered: 02/23/2023)
2023-02-23Set/Reset Deadlines: Answer due by 4/7/2023. (tb) (Entered: 02/23/2023)
2023-04-068Consent MOTION to Hold in Abeyance Defendant's Obligation to Respond to Plaintiff's Original Complaint by UNITED STATES CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(O'Tousa, Christina) (Entered: 04/06/2023)
2023-04-07MINUTE ORDER: Upon consideration of 8 the government's consent motion to hold in abeyance its obligation to respond to the complaint, and the entire record herein, it is ORDERED that the motion is GRANTED; it is further ORDERED that the government's obligation to respond to the complaint shall be held in abeyance until plaintiff files his supplemental complaint; and it is further ORDERED that the government shall answer or otherwise respond to the supplemental complaint by not later than 21 days after it is filed. SO ORDERED. Signed by Judge John D. Bates on 4/7/2023. (lcjdb2) (Entered: 04/07/2023)
2023-04-079Consent MOTION for Leave to File Supplemental Complaint by ANDREW TOWER. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Dorey, David) (Entered: 04/07/2023)
2023-04-07MINUTE ORDER: Upon consideration of 9 plaintiff's consent motion to file a supplemental complaint, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that plaintiff shall file a supplemental complaint by not later than April 21, 2023. SO ORDERED. Signed by Judge John D. Bates on 4/7/2023. (lcjdb2) (Entered: 04/07/2023)
2023-04-10Set/Reset Deadlines: Supplemental complaint due by 4/21/2023. (tb) (Entered: 04/10/2023)
2023-04-2110Supplemental COMPLAINT against All Defendants filed by ANDREW TOWER. (Attachments: # 1 Exhibit D - CBP's Response)(Shurr, Tessa) Modified on 4/24/2023 to correct docket text (zjm). (Entered: 04/21/2023)
2023-05-0311Consent MOTION for Extension of Time to File Answer re 10 Amended Complaint ,with proposed order by UNITED STATES CUSTOMS AND BORDER PROTECTION. (O'Tousa, Christina) (Entered: 05/03/2023)
2023-05-03MINUTE ORDER: Upon consideration of 11 the government's consent motion for an extension of time to respond to the supplemental complaint, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the government shall respond to the supplemental complaint by not later than May 17, 2023. SO ORDERED. Signed by Judge John D. Bates on 5/3/2023. (lcjdb2) (Entered: 05/03/2023)
2023-05-11Set/Reset Deadlines: Response due by 5/17/2023. (tb) (Entered: 05/11/2023)
2023-05-1712Consent MOTION for Extension of Time to File Answer re 10 Amended Complaint by UNITED STATES CUSTOMS AND BORDER PROTECTION. (O'Tousa, Christina) (Entered: 05/17/2023)
2023-05-18MINUTE ORDER: Upon consideration of 12 the government's consent motion for extension of time to respond to complaint, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the government shall answer or otherwise respond to the complaint by not later than May 19, 2023. SO ORDERED. Signed by Judge John D. Bates on 5/17/2023. (lcjdb2) (Entered: 05/18/2023)
2023-05-1813ANSWER to 10 Amended Complaint , ANSWER to 10 Amended Complaint by UNITED STATES CUSTOMS AND BORDER PROTECTION.(O'Tousa, Christina) (Entered: 05/18/2023)
2023-08-2114SCHEDULING ORDER. See text of Order for details. Signed by Judge John D. Bates on 8/21/2023. (lcjdb2) (Entered: 08/21/2023)
2023-08-21Set/Reset Deadlines: Joint or Separate Status Report and proposed schedule for the processing and release of responsive records and/or a briefing schedule for the filing of dispositive motions is due by 9/11/2023. (jth) Modified on 8/22/2023 (kk). (Entered: 08/21/2023)
2023-09-1115PROPOSED BRIEFING SCHEDULE by ANDREW TOWER. (Attachments: # 1 Text of Proposed Order)(Dorey, David) (Entered: 09/11/2023)
2023-09-1316Unopposed MOTION for Extension of Time to File Proposed Briefing Schedule Nunc Pro Tunc by UNITED STATES CUSTOMS AND BORDER PROTECTION. (O'Tousa, Christina) (Entered: 09/13/2023)
2023-09-14MINUTE ORDER: Upon consideration of 16 defendant's unopposed motion for extension of time to file a proposed briefing schedule nunc pro tunc, and the entire record herein, it is hereby ORDERED that the motion is GRANTED nunc pro tunc; and it is further ORDERED that the parties shall file a joint proposed briefing schedule (or, in the event they cannot agree, separate proposed briefing schedules) by not later than September 14, 2023. In the event the parties cannot agree, plaintiff may, but need not, file a revised version of his previously filed proposed briefing schedule by that date. SO ORDERED. Signed by Judge John D. Bates on 9/14/2023. (lcjdb2) (Entered: 09/14/2023)
2023-09-1417PROPOSED BRIEFING SCHEDULE by UNITED STATES CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(O'Tousa, Christina) (Entered: 09/14/2023)
2023-09-1418PROPOSED BRIEFING SCHEDULE by ANDREW TOWER. (Attachments: # 1 Text of Proposed Order)(Dorey, David) (Entered: 09/14/2023)
2023-09-18MINUTE ORDER: Upon consideration of 17 defendant's proposed briefing schedule and 18 plaintiff's proposed briefing schedule, and the entire record herein, it is hereby ORDERED that the parties shall continue to confer and shall file a joint proposed briefing schedule by not later than September 22, 2023; and it is further ORDERED that this proposal shall include a separate, shorter briefing schedule in the event that defendant elects to file a motion to dismiss rather than a motion for summary judgment. In the event the parties cannot agree, separate proposals (each to also include a separate, shorter motion to dismiss briefing schedule) shall be filed by not later than that date. SO ORDERED. Signed by Judge John D. Bates on 9/18/2023. (lcjdb2) (Entered: 09/18/2023)
2023-09-18Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 9/22/2023. (zed) (Entered: 09/18/2023)
2023-09-2219Joint STATUS REPORT with proposed briefing schedule by UNITED STATES CUSTOMS AND BORDER PROTECTION. (O'Tousa, Christina) (Entered: 09/22/2023)
2023-09-2520SCHEDULING ORDER. See text of Order for details. Signed by Judge John D. Bates on 9/25/2023. (lcjdb2) (Entered: 09/25/2023)
2023-09-26Set/Reset Deadlines: Defendants Motion for Summary Judgment due by 11/8/2023. Plaintiffs Response and cross motion due by 12/22/2023. Defendants Reply and opposition due by 2/2/2024. Plaintiffs Reply to Cross Motion due by 2/23/2023 (or) Motions due by 10/17/2023. Responses due by 11/13/2023. Replies due by 11/28/2023. (zed) (Entered: 09/26/2023)
2023-11-0721Joint MOTION to Modify Briefing Schedule by UNITED STATES CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(O'Tousa, Christina) (Entered: 11/07/2023)
2023-11-0822ORDER granting 21 the parties' joint motion to modify the briefing schedule. See text of Order for details. Signed by Judge John D. Bates on 11/8/2023. (lcjdb2) (Entered: 11/08/2023)
2023-11-2123Consent MOTION to Modify Briefing Schedule by UNITED STATES CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(O'Tousa, Christina) (Entered: 11/21/2023)
2023-11-2224ORDER granting 23 defendant's consent motion to modify the briefing schedule. See text of Order for details. Signed by Judge John D. Bates on 11/22/2023. (lcjdb2) (Entered: 11/22/2023)
2023-11-2825MOTION for Summary Judgment by UNITED STATES CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Statement of Facts, # 2 Declaration of Patrick A. Howard, # 3 Exhibit A, Plaintiff Request, # 4 Exhibit B, CBP Response Letter, # 5 Exhibit C, CBP Clarifying Letter, # 6 Exhibit D, Jan. 16, 2020, OPM Response Letter to CBP, # 7 Exhibit E, OPM Data Release Policy (Aug. 2020), # 8 Exhibit F, DHS Instruction No. 262-11-004 (Jan. 15, 2021), # 9 Text of Proposed Order)(O'Tousa, Christina) (Entered: 11/28/2023)
2023-12-0826ERRATA by UNITED STATES CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Table of Authorities for 25 Defendant's Motion for Summary Judgment))(O'Tousa, Christina) (Entered: 12/08/2023)
2024-01-1827Memorandum in opposition to re 25 Motion for Summary Judgment,, filed by ANDREW TOWER. (Attachments: # 1 Declaration of Officer Andrew Tower, # 2 Declaration of David R. Dorey, # 3 Counter-Statement of Material Facts, # 4 Text of Proposed Order)(Dorey, David) (Entered: 01/18/2024)
2024-01-1828Cross MOTION for Summary Judgment by ANDREW TOWER. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Officer Andrew Tower, # 3 Declaration of David R. Dorey, # 4 Counter-Statement of Material Facts, # 5 Text of Proposed Order)(Dorey, David) (Entered: 01/18/2024)
2024-02-2929Consent MOTION to Modify Briefing Schedule by UNITED STATES CUSTOMS AND BORDER PROTECTION. (O'Tousa, Christina) (Entered: 02/29/2024)
2024-03-01MINUTE ORDER: Upon consideration of 29 the parties' consent motion to modify the briefing schedule, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendant shall file its combined reply and opposition by not later than March 6, 2024; and it is further ORDERED that plaintiff shall file his reply, if any, by not later than March 29, 2024. SO ORDERED. Signed by Judge John D. Bates on 3/1/2024. (lcjdb2) (Entered: 03/01/2024)
2024-03-0630REPLY to opposition to motion re 25 MOTION for Summary Judgment filed by UNITED STATES CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Response to Plaintiff's Statement of Facts, # 2 Text of Proposed Order)(O'Tousa, Christina) (Entered: 03/06/2024)
2024-03-0631Memorandum in opposition to re 28 Motion for Summary Judgment, filed by UNITED STATES CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Response to Plaintiff's Statement of Facts, # 2 Text of Proposed Order)(O'Tousa, Christina) (Entered: 03/06/2024)
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