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Case TitleGutierrez v. United States Customs and Border Protection
DistrictDistrict of Arizona
CityTucson Division
Case Number4:2023cv00084
Date Filed2023-02-17
Date ClosedOpen
JudgeJudge Jennifer G Zipps
PlaintiffRaul Gutierrez
Case DescriptionRaul Gutierrez submitted a FOIA request to U.S. Customs and Border Protection for records concerning an incident in which he was stopped by Border Patrol agents, who accused him of illegal transporting an undocumented person in his vehicle. Although the agents found no illegal activity, his Sentri Trusted Traveler pass was revoked. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Gutierrez filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

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

2023-02-171COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FOR VIOLATION OF THE FREEDOM OF INFORMATION ACT. Filing fee received: $ 402.00, receipt number AAZDC-21614453 filed by Raul Gutierrez. (Jacobson, Jeffrey) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit)(JAM) (Entered: 02/21/2023)
2023-02-172SUMMONS Submitted by Raul Gutierrez. (Jacobson, Jeffrey) (JAM) (Entered: 02/21/2023)
2023-02-173Filing fee paid, receipt number AAZDC-21614453. This case has been assigned to the Honorable Jennifer G Zipps. All future pleadings or documents should bear the correct case number: CV-23-84-TUC-JGZ. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (JAM) (Entered: 02/21/2023)
2023-02-214Summons Issued as to United States Customs and Border Protection. (JAM). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 02/21/2023)
2023-02-215ORDER: THE PARTIES ARE ADVISED that a motion pursuant to Fed. R. Civ. P. 12(b) is discouraged if the defect can be cured by filing an amended pleading. In addition, parties shall endeavor not to oppose motions to amend that are filed prior to the Scheduling Conference or within the time set forth in the Rule 16 Case Management Order. Signed by Judge Jennifer G Zipps on 2/21/2023. (MCO) (Entered: 02/21/2023)
2023-03-216SUMMONS Submitted by Raul Gutierrez. (Jacobson, Jeffrey) (Entered: 03/21/2023)
2023-03-217SUMMONS Submitted by Raul Gutierrez. (Jacobson, Jeffrey) (Entered: 03/21/2023)
2023-03-228Summons Issued as to United States Customs and Border Protection. (Attachments: # 1 Summons)(JAM). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 03/22/2023)
2023-04-039STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by United States Customs and Border Protection. (Attachments: # 1 Proposed Order)(Letzkus, Sarah) (Entered: 04/03/2023)
2023-04-0710ORDER granting 9 Stipulation For Extension of Time To Answer Complaint. Defendant's deadline to respond to Plaintiff's Complaint is extended to May 17, 2023. Signed by Judge Jennifer G Zipps on 4/7/23. (JAM) (Entered: 04/07/2023)
2023-05-0811STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT Second Request by United States Customs and Border Protection. (Attachments: # 1 Proposed Order)(Letzkus, Sarah) (Entered: 05/08/2023)
2023-05-1112ORDERED that the parties' Stipulation (Doc. 11 ) is GRANTED. The Defendant's deadline to respond to the Complaint is extended to July 14, 2023. Signed by Judge Jennifer G Zipps on 5/11/23. (MYE) (Entered: 05/11/2023)
2023-07-1213STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT Third Request by United States Customs and Border Protection. (Attachments: # 1 Proposed Order)(Letzkus, Sarah) (Entered: 07/12/2023)
2023-07-1814ORDERED that the parties' Stipulation (Doc. 13 ) is granted. The Defendant's deadline to respond to the Complaint is August 14, 2023. Defendant is cautioned that no further extensions will be considered absent exigent circumstances. Signed by Judge Jennifer G Zipps on 7/18/23. (MYE) (Entered: 07/18/2023)
2023-08-1415ANSWER to 1 Complaint, by United States Customs and Border Protection.(Letzkus, Sarah) (Entered: 08/14/2023)
2023-08-1616ORDER: Pursuant to Federal Rule of Civil Procedure 16, a telephonic Scheduling Conference is set for October 10, 2023, at 2:30 p.m., before the Honorable Jennifer G. Zipps. The parties are directed to confer at least twenty-one (21) days before the conference. Counsel shall file with the Court, at least seven (7) days before the scheduled conference, a Joint Report reflecting the results of their meeting and outlining the discovery plan. Signed by Judge Jennifer G Zipps on 8/16/23. (See attached Order for complete details.)(MYE) (Entered: 08/16/2023)
2023-10-0317REPORT of Rule 26(f) Planning Meeting by Raul Gutierrez. (Jacobson, Jeffrey) (Entered: 10/03/2023)
2023-10-1018MINUTE ENTRY for proceedings held before Judge Jennifer G. Zipps: Scheduling Conference held on 10/10/2023. Dispositive motions deadline is March 11, 2024. Parties are to file a motion to dismiss prior to the deadline if no dispositive motions will be filed. APPEARANCES: Telephonic appearance by Jeffrey Jacobson for Plaintiff. Telephonic appearance by Sarah Letzkus for Defendant (Court Reporter Aaron LaDuke.) Hearing held 2:30 pm to 2:33 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SVC) (Entered: 10/10/2023)
2024-03-0819MOTION for Extension of Time to File Dispositive Motions or a Stipulation to Dismiss by Raul Gutierrez. (Attachments: # 1 Proposed Order)(Jacobson, Jeffrey) (Entered: 03/08/2024)
2024-03-1120ORDERED that the Plaintiff's Unopposed Motion To Extend Deadline To File Dispositive Motions Or Stipulation To Dismiss (Doc. 19 ) is granted. The parties shall file dispositive motions or a stipulation to dismiss on or before May 10, 2024. Signed by Judge Jennifer G Zipps on 3/11/24. (MYE) (Entered: 03/11/2024)
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