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Case TitleCATO INSTITUTE v. U.S. CUSTOMS AND BORDER PROTECTION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01211
Date Filed2023-05-01
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffCATO INSTITUTE
Case DescriptionThe Cato Institute submitted a FOIA request to U.S. Customs and Border Protection for records concerning the number of times CBP personnel were deployed to a state or locality for law enforcement operations involving public demonstrations absent a direct request for assistance from state or local officials. The Cato Institute also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Cato Institute filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. CUSTOMS AND BORDER PROTECTION
DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-05-011COMPLAINT against U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 402 receipt number ADCDC-10038561) filed by CATO INSTITUTE. (Attachments: # 1 Exhibit 1-3, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 05/01/2023)
2023-05-012NOTICE of Appearance by Matthew Topic on behalf of CATO INSTITUTE (Topic, Matthew) (Entered: 05/01/2023)
2023-05-02Case Assigned to Judge Carl J. Nichols. (zcb) (Entered: 05/02/2023)
2023-05-023SUMMONS (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 (Attachments: # 1 Notice and Consent)(zcb) (Entered: 05/02/2023)
2023-05-124STANDING ORDER. Signed by Judge Carl J. Nichols on May 12, 2023. (lccjn1) (Entered: 05/12/2023)
2023-05-245RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 5/2/2023 (Topic, Matthew) (Entered: 05/24/2023)
2023-05-246RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 5/10/2023 (Topic, Matthew) (Entered: 05/24/2023)
2023-05-247RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/11/2023. (Topic, Matthew) (Entered: 05/24/2023)
2023-05-248RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/2/2023. Answer due for ALL FEDERAL DEFENDANTS by 6/1/2023. (Topic, Matthew) (Entered: 05/24/2023)
2023-06-019Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Venguswamy, Kartik) (Entered: 06/01/2023)
2023-06-01MINUTE ORDER. Upon consideration of the 9 Consent Motion for Extension of Time, it is ORDERED that the Motion is GRANTED. It is further ORDERED that Defendants shall answer or otherwise respond to the Complaint by July 3, 2023. Signed by Judge Carl J. Nichols on June 1, 2023. (lccjn1) (Entered: 06/01/2023)
2023-07-0310ANSWER to Complaint by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY.(Venguswamy, Kartik) (Entered: 07/03/2023)
2023-07-10MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. Pursuant to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before August 1, 2023. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated dates for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiff's request and any discussions regarding whether Plaintiff's request can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on July 10, 2023. (lccjn1) (Entered: 07/10/2023)
2023-08-0111Consent MOTION for Extension of Time to File Joint Status Report by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Venguswamy, Kartik) (Entered: 08/01/2023)
2023-08-02MINUTE ORDER. Upon consideration of the 11 Consent Motion for Extension of Time, it is ORDERED that the Motion is GRANTED. It is further ORDERED that the Parties shall submit a Joint Status Report addressing the topics listed in the Court's July 10, 2023 Minute Order by August 8, 2023. Signed by Judge Carl J. Nichols on August 2, 2023. (lccjn1) (Entered: 08/02/2023)
2023-08-0812Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Venguswamy, Kartik) (Entered: 08/08/2023)
2023-08-11MINUTE ORDER. Upon consideration of the Parties' 12 Joint Status Report, it is ORDERED that the Parties shall file, by October 9, 2023, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on August 11, 2023. (lccjn1) (Entered: 08/11/2023)
2023-10-1013Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Venguswamy, Kartik) (Entered: 10/10/2023)
2023-10-13MINUTE ORDER. Upon consideration of the 13 Joint Status Report, it is hereby ORDERED that the Parties shall file, by December 11, 2023, an additional joint status report, including a proposal for further proceedings. So ORDERED by Judge Carl J. Nichols on October 13, 2023. (lccjn1) (Entered: 10/13/2023)
2023-12-1114Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Venguswamy, Kartik) (Entered: 12/11/2023)
2024-02-0915Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Venguswamy, Kartik) (Entered: 02/09/2024)
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