Case Detail

FOIA Project Annotation: Judge Beryl Howell has ruled that Customs and Border Protection properly withheld information about its assessment for the need for a fence between Texas and Mexico under Exemption 7(E) (investigative methods and techniques), but that the public interest in disclosure of names and addresses of property owners impacted by the building of the fence outweighs the privacy interests under Exemption 6 (invasion of privacy). Denise Gilman, a professor at the University of Texas Law School, made a request to CBP for records concerning the construction of the fence along the Texas-Mexico border. After she filed suit, she agreed to bifurcate the email production and non-email production of records. She and the agency also agreed that it would disclose emails being released as part of CREW v. DHS, although the CREW litigation was somewhat broader in scope since it applied to the entire length of the fence and not just that portion running between Texas and Mexico. The parties agreed that as emails were disclosed to CREW they would also be disclosed to Gilman. Gilman challenged the agency's withholding of name and address information for people potentially impacted by the wall and of records assessing the need for fencing in certain areas. She also contended the agency improperly claimed that email attachments from the CREW litigation were not responsive to her request. Noting that there was a privacy interest in the name and address information, Howell found that the public interest in disclosure outweighed the privacy interests. She explained that "there is a great public benefit to learning the social impact of CBP's construction of the wall. Revealing the identities of landowners in the wall's planned construction site may shed light on the impact on indigenous communities, the disparate impact on lower-income minority communities, and the practices of private contractors. The information, after appropriate analysis, could reveal CBP's decisionmaking and conduct as it relates to the Texas-Mexico border wall planning and construction, thus it helps the public 'learn something directly about the workings of the Government.'" Reviewing the case law, Howell observed that "these cases establish that where the requester has articulated a legitimate public interest in the information, courts have ordered disclosure of names and addresses, even if such information is associated with financial information, views held by the landowner, or would risk unwanted contact." She added that 'the public interest in learning how CBP negotiated with private citizens regarding the planning and construction of the border wall is significant. This public interest outweighs the privacy in landowners' names and addresses in the CBP emails." Turning to the agency's Exemption 7(E) claims, Howell pointed out that the agency had demonstrated that 'the redacted information is related to the enforcement of federal laws, as the assessment of border vulnerabilities is directly related to the potential violation of federal immigration laws and the CBP's duty to deter illegal immigration and to apprehend illegal immigrants." Gilman argued that the information focused more on the geography of the border region rather than investigative methods. But Howell observed that "the discussion of publicly available information, itself, reveals what information CBP considers when analyzing its vulnerabilities at the border, and this analysis, itself, is not publicly known and may risk circumvention of the law." While Gilman contended that the parties agreement to disclose the emails as they were released during the CREW litigation included all email attachments as well, the CBP argued the agreement obligated it only to disclose the emails disclosed to CREW. Howell agreed with the agency. She pointed out that "contrary to the plaintiff's contention, the responsive documents to which the plaintiff is entitled are defined both by the search conducted by CBP, and also the documents actually produced in CREW. Since the email attachments were not actually produced in CREW because they were deemed nonresponsive, they correspondingly need not be produced to the plaintiff."
Issues: Exemption 7(E) - Investigative methods or techniques

Date Filed	Doc #	Docket Text
2009-03-11	1	COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, U.S. ARMY CORPS OF ENGINEERS ( Filing fee $ 350, receipt number 4616018925) filed by DENISE GILMAN. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 03/12/2009)
2009-03-11		SUMMONS (5) Issued as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, U.S. ARMY CORPS OF ENGINEERS, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 03/12/2009)
2009-04-06	2	Consent MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, U.S. ARMY CORPS OF ENGINEERS (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 04/06/2009)
2009-04-08		MINUTE ORDER granting 2 defendants' motion for extension of time up to and including May 11, 2009 to answer. Signed by Judge Paul L. Friedman on April 8, 2009. (MA) (Entered: 04/08/2009)
2009-04-08		Set/Reset Deadlines: Answer due by 5/11/2009. (mm) (Entered: 04/08/2009)
2009-05-07	3	Consent MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, U.S. ARMY CORPS OF ENGINEERS (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 05/07/2009)
2009-05-08		MINUTE ORDER granting Defendants' Consent Motion for Extension of Time to Answer or Otherwise Respond to Complaint 3 . Defendants shall answer or otherwise respond to the complaint on or before June 8, 2009. Signed by Judge Paul L. Friedman on 5/8/09. (lcplf2) (Entered: 05/08/2009)
2009-05-08		Set/Reset Deadlines: Answer due by 6/8/2009. (mm) (Entered: 05/11/2009)
2009-06-08	4	ANSWER to 1 Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, U.S. ARMY CORPS OF ENGINEERS. Related document: 1 Complaint filed by DENISE GILMAN.(Simon, Jeremy) (Entered: 06/08/2009)
2009-07-10	5	NOTICE of Appearance by Margaret B. Kwoka on behalf of DENISE GILMAN (Kwoka, Margaret) (Entered: 07/10/2009)
2009-07-23	6	STATUS REPORT (Joint Status Report) by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, U.S. ARMY CORPS OF ENGINEERS. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 07/23/2009)
2009-07-27	7	SCHEDULING ORDER: Ordered that CBP will make a rolling production to Plaintiff of non-email documents, subject to any asserted withholdings, on a monthly basis, beginning 9/10/2009. Subject to Paragraph 4 of this Order, CBP shall complete its rolling production by the end of February 2010. See Order for further specifics. Signed by Judge Paul L. Friedman on 7/24/2009. (mm) (Entered: 07/27/2009)
2009-10-22	8	STATUS REPORT (Joint Status Report) by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, U.S. ARMY CORPS OF ENGINEERS. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 10/22/2009)
2009-10-26	9	ORDER approving 10/22/2009 Joint Status Report. The parties shall file another Status Report on or before 2/19/2010. See Order for specifics. Signed by Judge Paul L. Friedman on 10/26/2009. (mm) (Entered: 10/26/2009)
2010-02-19	10	STATUS REPORT (Joint Status Report) by U.S. ARMY CORPS OF ENGINEERS, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 02/19/2010)
2010-02-23	11	ORDER approving parties' Joint Status Report. The parties shall file another Status Report on or before 4/6/2010. See Order for specifics. Signed by Judge Paul L. Friedman on 2/22/2010. (zmm, ) (Entered: 02/24/2010)
2010-04-06	12	STATUS REPORT (Joint Status Report) by U.S. ARMY CORPS OF ENGINEERS, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 04/06/2010)
2010-04-13	13	ORDER approving parties' Joint Status Report. Ordered that Plaintiff and CBP shall file another Status Report on or before 7/6/2010. The following briefing schedule will apply as between ACE and Plaintiff with respect to the FOIA request issued to ACE, unless, prior to the commencement of briefing, ACE and Plaintiff advise the Court that they have resolved any open issues between them: 1. ACE's motion for summary judgment shall be due on or before 6/4/2010; 2. Plaintiff's combined opposition and cross-motion for summary judgment shall be due on or before 7/16/2010; 3. ACE's combined reply in support of its motion and opposition to Plaintiff's cross-motion shall be due on or before 8/20/2010; and 4. Plaintiff's reply in support of her cross-motion for summary judgment shall be due on or before 9/24/2010. Signed by Judge Paul L. Friedman on 4/13/2010. (zmm, ) (Entered: 04/14/2010)
2010-06-03	14	Consent MOTION for Extension of Deadline for Filing Summary Judgment Motion and Related Deadlines by U.S. ARMY CORPS OF ENGINEERS (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 06/03/2010)
2010-06-04		MINUTE ORDER granting 14 defendant Army Corps of Engineers' consent motion for extension of deadline for filing summary judgment motion and related deadlines. ACE's motion for summary judgment is due on or before July 30, 2010; plaintiff's combined opposition and cross-motion for summary judgment is due on or before September 20, 2010; ACE's combined reply in support of its motion and opposition to plaintiff's cross-motion is due on or before October 22, 2010; plaintiff's reply in support of her cross-motion for summary judgment is due on or before November 22, 2010. Signed by Judge Paul L. Friedman on June 4, 2010. (MA) (Entered: 06/04/2010)
2010-06-04		Set/Reset Deadlines: ACE's Summary Judgment Motions due by 7/30/2010. Response to Motion for Summary Judgment and Cross Motion due by 9/20/2010. Reply to Motion for Summary Judgment and Response to Cross Motion due by 10/22/2010. Reply to Cross Motions due by 11/22/2010. (zmm, ) (Entered: 06/07/2010)
2010-06-28	15	NOTICE OF WITHDRAWAL OF APPEARANCE as to DENISE GILMAN. Attorney Margaret B. Kwoka terminated. (Kwoka, Margaret) (Entered: 06/28/2010)
2010-07-06	16	STATUS REPORT (Joint Status Report) by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 07/06/2010)
2010-07-07		MINUTE ORDER that the joint status report 16 of plaintiff and CBP is approved, and plaintiff and CBP shall file another status report on or before November 3, 2010. Signed by Judge Paul L. Friedman on July 7, 2010. (MA) (Entered: 07/07/2010)
2010-07-07		Set/Reset Deadlines: Status Report due by 11/3/2010. (zmm, ) (Entered: 07/08/2010)
2010-07-23	17	Consent MOTION for Extension of Time to File Summary Judgment Motion and Modification of Related Deadlines by U.S. ARMY CORPS OF ENGINEERS (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 07/23/2010)
2010-07-26		MINUTE ORDER granting 17 defendant Army Corps of Engineers' consent motion for an extension of deadlines relating to dispositive motions. The Army Corps of Engineers ("ACE") shall file its motion for summary judgment on or before September 2, 2010. Plaintiff's opposition and cross-motion for summary judgment shall be filed on or before October 5, 2010. ACE shall file its reply in support of its own motion and its opposition to plaintiff's motion on or before November 4, 2010. Plaintiff shall file her reply on or before November 24, 2010. Signed by Judge Paul L. Friedman on July 26, 2010. (lcplf2) (Entered: 07/26/2010)
2010-07-26		Set/Reset Deadlines: Army Corps of Engineers' motion for summary judgment due 9/2/2010; Plaintiff's opposition and cross motion for summary judgment due 10/5/2010; Reply in support of motion for summary judgment and opposition to plaintiff's cross motion due 11/4/2010; Plaintiff's reply to cross motion due 11/24/2010. (zmm, ) (Entered: 07/27/2010)
2010-08-31	18	Joint MOTION for Extension of Deadlines for Briefing of Dispositive Motions by U.S. ARMY CORPS OF ENGINEERS (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 08/31/2010)
2010-09-01		MINUTE ORDER granting 18 defendant Army Corps of Engineers' consent motion for an extension of deadlines relating to dispositive motions. The Army Corps of Engineers ("ACE") shall file its motion for summary judgment on or before October 13, 2010. Plaintiff's opposition and cross-motion for summary judgment shall be filed on or before November 12, 2010. ACE shall file its reply in support of its own motion and its opposition to plaintiff's motion on or before December 10, 2010. Plaintiff shall file her reply on or before January 10, 2011. Signed by Judge Paul L. Friedman on September 1, 2010. (lcplf2) (Entered: 09/01/2010)
2010-09-01		Set/Reset Deadlines: Army Corps of Engineers' motion for summary judgment due 10/13/2010; Plaintiff's opposition and cross-motion for summary judgment due 11/12/2010; Army Corps of Engineers' reply in support of its motion and opposition to plaintiff's motion due 12/10/2010; Plaintiff's reply due 1/10/2011. (zmm, ) (Entered: 09/02/2010)
2010-10-12	19	Joint MOTION for Extension of Deadlines for Briefing of Dispositive Motions by U.S. ARMY CORPS OF ENGINEERS (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 10/12/2010)
2010-10-13		MINUTE ORDER granting 19 defendant Army Corps of Engineers' consent motion for an extension of deadlines relating to dispositive motions. The Army Corps of Engineers ("ACE") shall file its motion for summary judgment on or before December 8, 2010. Plaintiff's opposition and cross-motion for summary judgment shall be filed on or before January 7, 2011. ACE shall file its reply in support of its own motion and its opposition to plaintiff's motion on or before February 9, 2011. Plaintiff shall file her reply on or before March 10, 2011. Signed by Judge Paul L. Friedman on October 13, 2010. (MA) (Entered: 10/13/2010)
2010-10-13		Set/Reset Deadlines: Army Corps of Engineers' motion for summary judgment due 12/8/2010. Plaintiff's opposition and cross-motion for summary judgment due 1/7/2011. ACE's reply in support of its own motion and its opposition to plaintiff's motion due 2/9/2011. Plaintiff's reply due 3/10/2011.(zmm, ) (Entered: 10/14/2010)
2010-11-03	20	STATUS REPORT (Joint Status Report) by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 11/03/2010)
2010-11-04		MINUTE ORDER: Based on the representations made in the joint status report filed on November 3, 2010, it is hereby ordered that the parties shall file a further status report on or before March 3, 2011. Signed by Judge Paul L. Friedman on November 4, 2010. (lcplf2) (Entered: 11/04/2010)
2010-11-04		Set/Reset Deadlines: Status Report due by 3/3/2011. (zmm, ) (Entered: 11/05/2010)
2010-12-07	21	Joint MOTION to Vacate Schedule for Briefing of Dispositive Motions or, Alternatively, for Extension of Filing Deadlines by U.S. ARMY CORPS OF ENGINEERS (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 12/07/2010)
2010-12-09		MINUTE ORDER granting 21 joint motion to vacate schedule for briefing of dispositive motions or alternatively for extension of filing deadlines. The schedule for briefing of summary judgment motions as between ACE and plaintiff as set forth in the 10/13/10 order is vacated; ACE and plaintiff shall file a status report on or before January 31, 2011 with their respective positions for proceeding if they have not, before that time, filed a stipulation or motion for the dismissal of ACE from this action. Signed by Judge Paul L. Friedman on December 9, 2010. (MA) (Entered: 12/09/2010)
2010-12-09		Set/Reset Deadlines: Plaintiff and Defendant ACE to file status report by 1/31/2011. (zmm, ) (Entered: 12/10/2010)
2011-01-20		Case reassigned to U.S. District Judge Beryl A. Howell. Judge Paul L. Friedman no longer assigned to the case. (ds) (Entered: 01/20/2011)
2011-01-31	22	STATUS REPORT (Joint Status Report) by U.S. ARMY CORPS OF ENGINEERS. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 01/31/2011)
2011-02-09		MINUTE ORDER (paperless) directing Plaintiff and Defendant Army Corps of Engineers to file a status report on or before March 1, 2011 setting forth their respective positions for proceeding if they have not, before that time, filed a stipulation or motion for the dismissal of Defendant Army Corps of Engineers from this action. Signed by Judge Beryl A. Howell on 2/9/11. (lcbah2) (Entered: 02/09/2011)
2011-02-09		Set Deadlines: Joint Status Report due by 3/1/2011. (cp) (Entered: 02/10/2011)
2011-03-01	23	STIPULATION (Stipulation of Settlement and Order of Dismissal of U.S. Army Corps of Engineers as a Party) by U.S. ARMY CORPS OF ENGINEERS. (Simon, Jeremy) (Entered: 03/01/2011)
2011-03-02	24	STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL by DENISE GILMAN, U.S. ARMY CORPS OF ENGINEERS. The Court retains jurisdiction to enforce the provisions of this Stipulation. (tb, ) (Entered: 03/02/2011)
2011-03-03	25	STATUS REPORT (Joint Status Report) by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 03/03/2011)
2011-03-15		MINUTE ORDER (paperless) The parties shall submit a joint statement to the Court regarding why this case should not be dismissed in light of the parties' status report dated March 3, 2011. That status report indicated an agreement between the parties for continuous disclosures in response to the FOIA requests until all responsive, non-exempt records have been produced, a process which could take over two years to complete. The parties' joint statement shall be filed by March 25, 2011. Signed by Judge Beryl A. Howell on 3/15/2011. (lcbah2) (Entered: 03/15/2011)
2011-03-15		Set Deadlines: Joint statement due by 3/25/2011. (cp) (Entered: 03/15/2011)
2011-03-25	26	STATUS REPORT Joint Statement by DENISE GILMAN, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Rosenbaum, Adina) (Entered: 03/25/2011)
2011-03-28	27	ORDER: The matter having come before the Court on the joint statement of Plaintiff and CBP, and based on the record in this matter, it is ORDERED that within 30 days of the date of this Order, CBP will release to Plaintiff any remaining e-mail productions from the CREW v. DHS case that have not yet been provided to Plaintiff. See Order for further specifics. Signed by Judge Beryl A. Howell on 3/28/2011. (zmm, ) (Entered: 03/28/2011)
2011-03-28		Set Deadlines: CBP shall release all remaining e-mail productions regarding the CREW v. DHS case to Plaintiff in 30 days. (cp) (Entered: 03/29/2011)
2011-06-27	28	STATUS REPORT (Joint Status Report by Plaintiff and CBP) by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 06/27/2011)
2011-07-06	29	ORDER: Ordered that, with regard to non-email records, Plaintiff and CBP shall file a status report on or before October 3, 2011, regarding their efforts to narrow the request for those records; and it is further Ordered that, the following briefing schedule shall apply as between Plaintiff and CBP with respect to Plaintiff's challenge to CBP's email production:Defendant's Motion for Summary Judgment due 10/3/11, Plaintiff's Opposition and Cross-Motion for Summary Judgment due 11/2/11, Defendant's Reply and Opposition to Cross-Motion due 12/2/11 and Plaintiff's Reply in Support of Cross-Motion due 1/4/12. Signed by Judge Beryl A. Howell on 7/5/11. (alg, ) (Entered: 07/06/2011)
2011-09-28	30	Joint MOTION for Adjustment of Briefing Schedule Regarding E-Mail Records and Extension of Deadline for Status Report on Non-Email Records by U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 09/28/2011)
2011-09-29		MINUTE ORDER (paperless) granting 30 Joint Motion to Adjust Schedule. Regarding non-email records, the deadline for Plaintiff and CBP to file a status report regarding their efforts to narrow the request for those records is extended from October 3, 2011 to November 4, 2011. Regarding email records (excluding the issue of any exemptions that might be claimed for email attachments if that becomes an issue), the following briefing schedule shall apply regarding Plaintiff's challenge to CBP's email production: Defendant's motion for summary judgment shall be filed by November 4, 2011. Plaintiff's opposition and cross-motion for summary judgment shall be filed by December 6, 2011. Defendant's reply and opposition to cross-motion shall be filed by January 6, 2012. Plaintiff's reply in support of her cross motion shall be filed by February 6, 2012. Signed by Judge Beryl A. Howell on 9/29/2011. (lcbah2) (Entered: 09/29/2011)
2011-09-29		Set/Reset Deadlines: Cross Motions due by 12/6/2011. Response to Cross Motions due by 1/6/2012. Reply to Cross Motions due by 2/6/2012. Motion for Summary Judgment due by 11/4/2011. Response to Motion for Summary Judgment due by 12/6/2011. Reply to Response to Motion for Summary Judgment due by 1/6/2012. Status Report due by 11/4/2011. (alg) (Entered: 09/30/2011)
2011-11-04	31	STATUS REPORT (Joint Status Report of Plaintiff and CBP) by U.S. CUSTOMS AND BORDER PROTECTION. (Simon, Jeremy) (Entered: 11/04/2011)
2011-11-04	32	MOTION for Summary Judgment (Defendant CBP's Motion for Summary Judgment Regarding Email Records, Local Rule 7(h) Statement and Supporting Memorandum) by U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Declaration of David E. Wade, # 2 Exhibit 1, # 3 Proposed Order)(Simon, Jeremy) (Entered: 11/04/2011)
2011-11-29	33	Joint MOTION for Adjustment of Briefing Schedule by DENISE GILMAN, U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Text of Proposed Order)(Rosenbaum, Adina) (Entered: 11/29/2011)
2011-11-29	34	ERRATA by DENISE GILMAN, U.S. CUSTOMS AND BORDER PROTECTION 33 Joint MOTION for Adjustment of Briefing Schedule filed by DENISE GILMAN, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Corrected Joint Motion for Adjustment of Briefing Schedule, # 2 Corrected Proposed Order)(Rosenbaum, Adina) (Entered: 11/29/2011)
2011-11-30		MINUTE ORDER (paperless) granting 33 Joint Motion for Adjustment of Briefing Schedule. Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be filed by January 6, 2012. Defendant's Reply and Opposition to Cross-Motion shall be filed by February 6, 2012. Plaintiff's Reply in Support of Cross-Motion shall be filed by March 7, 2012. Signed by Judge Beryl A. Howell on 11/30/2011. (lcbah2) (Entered: 11/30/2011)
2011-11-30		Set/Reset Deadlines: Plaintiff's Opposition to Motion for Summary Judgement and Cross Motion for Summary Judgment due by 1/6/2012. Reply to Motion for Summary Judgment and Opposition to Cross Motion for Summary Judgment due by 2/6/2012. Reply to Cross Motion for Summary Judgment due by 3/7/2012. (zmm, ) (Entered: 12/01/2011)
2012-01-06	35	MOTION for Summary Judgment Regarding Email Records by DENISE GILMAN (Attachments: # 1 Declaration Declaration of Denise Gilman, # 2 Text of Proposed Order)(Rosenbaum, Adina) (Entered: 01/06/2012)
2012-01-06	36	Memorandum in opposition to re 32 MOTION for Summary Judgment (Defendant CBP's Motion for Summary Judgment Regarding Email Records, Local Rule 7(h) Statement and Supporting Memorandum) MOTION for Summary Judgment (Defendant CBP's Motion for Summary Judgment Regarding Email Records, Local Rule 7(h) Statement and Supporting Memorandum) filed by DENISE GILMAN. (Attachments: # 1 Declaration Declaration of Denise Gilman, # 2 Text of Proposed Order)(Rosenbaum, Adina) (Entered: 01/06/2012)
2012-02-01	37	Joint MOTION for Adjustment of Remaining Deadlines in Current Briefing Schedule by U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 02/01/2012)
2012-02-02		MINUTE ORDER (paperless) granting 37 Joint Motion for Adjustment of Remaining Deadlines in Current Briefing Schedule. Defendant United States Customs & Border Protection shall file its opposition and reply memorandum with respect to the pending motion and cross-motion for summary judgment by March 6, 2012. Plaintiff's reply memorandum in response to Defendant's opposition to her cross-motion is due by April 9, 2012. Given the number of extensions and the duration of pendency of this action, counsel are put on notice that no further extensions will be granted. Signed by Judge Beryl A. Howell on 02/02/2012. (lcbah2) (Entered: 02/02/2012)
2012-02-02		Set/Reset Deadlines: Cross Motions due by 3/6/2012. Response to Cross Motions due by 4/9/2012. Response to Dispositive Motions due by 3/6/2012. Reply to Dispositive Motions due by 4/9/2012. (alp) (Entered: 02/02/2012)
2012-03-05	38	STATUS REPORT (Joint Status Report) by U.S. CUSTOMS AND BORDER PROTECTION. (Simon, Jeremy) (Entered: 03/05/2012)
2012-03-06	39	Memorandum in opposition to re 35 MOTION for Summary Judgment Regarding Email Records filed by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Response to Plaintiff's Statement of Material Facts, # 2 Supplemental Wade Declaration, # 3 Proposed Order)(Simon, Jeremy) (Entered: 03/06/2012)
2012-03-06	40	REPLY to opposition to motion re 32 MOTION for Summary Judgment (Defendant CBP's Motion for Summary Judgment Regarding Email Records, Local Rule 7(h) Statement and Supporting Memorandum) MOTION for Summary Judgment (Defendant CBP's Motion for Summary Judgment Regarding Email Records, Local Rule 7(h) Statement and Supporting Memorandum) filed by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Supplemental Wade Declaration)(Simon, Jeremy) (Entered: 03/06/2012)
2012-03-07	41	NOTICE of Errata Attaching More Legible Version of Supplemental Wade Declaration (Re: ECF No. 39 and 40 ) by U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Supplemental Wade Declaration)(Simon, Jeremy) (Entered: 03/07/2012)
2012-03-07		MINUTE ORDER (paperless) Upon consideration of the 38 Joint Status Report, the parties shall file another Joint Status Report on or before July 10, 2012 regarding the status of CBP's processing of non-email records. Signed by Judge Beryl A. Howell on 03/07/2012. (lcbah2) (Entered: 03/07/2012)
2012-03-07		Set Deadlines: Status Report due by 7/10/2012. (tj ) (Entered: 03/07/2012)
2012-04-09	42	REPLY to opposition to motion re 35 MOTION for Summary Judgment Regarding Email Records filed by DENISE GILMAN. (Attachments: # 1 Declaration Supplemental Declaration of Denise Gilman)(Rosenbaum, Adina) (Entered: 04/09/2012)
2012-07-10	43	STATUS REPORT (Joint Status Report) by U.S. CUSTOMS AND BORDER PROTECTION. (Simon, Jeremy) (Entered: 07/10/2012)
2012-07-10		MINUTE ORDER (paperless) Upon consideration of the 43 Joint Status Report, the parties shall file another Joint Status Report by November 7, 2012 regarding the status of CBP's processing of non-email records. Signed by Judge Beryl A. Howell on 07/10/2012. (lcbah2) (Entered: 07/10/2012)
2012-07-10		Set/Reset Deadlines: Joint Status Report due by 11/7/2012. (tg, ) (Entered: 07/11/2012)
2012-11-07	44	STATUS REPORT (Joint Status Report) by U.S. CUSTOMS AND BORDER PROTECTION. (Simon, Jeremy) (Entered: 11/07/2012)
2012-11-07		MINUTE ORDER (paperless) Upon consideration of the 44 Joint Status Report, the parties shall file another Joint Status Report by March 6, 2013 regarding the status of CBP's processing of non-email records. Signed by Judge Beryl A. Howell on 11/07/2012. (lcbah2) (Entered: 11/07/2012)
2012-11-07		Set/Reset Deadline: Parties shall file another Joint Status Report by 3/06/2013 regarding the status of CBP's processing of non-email records.(ad) (Entered: 11/07/2012)
2013-03-04	45	STATUS REPORT (Joint Status Report) by U.S. CUSTOMS AND BORDER PROTECTION. (Simon, Jeremy) (Entered: 03/04/2013)
2013-03-07		MINUTE ORDER (paperless) Upon consideration of the 45 Joint Status Report, the parties shall file another Joint Status Report by July 10, 2013 regarding the status of CBP's processing of non-email records. Signed by Judge Beryl A. Howell on 03/07/2013. (lcbah2) (Entered: 03/07/2013)
2013-03-07		Set/Reset Deadlines: Joint Status Report due by 7/10/2013. (tg, ) (Entered: 03/07/2013)
2013-07-10	46	STATUS REPORT (Joint Status Report) by U.S. CUSTOMS AND BORDER PROTECTION. (Simon, Jeremy) (Entered: 07/10/2013)
2013-07-10		MINUTE ORDER (paperless) Upon consideration of the 46 Joint Status Report, the parties shall file another Joint Status Report by October 10, 2013 regarding the status of CBP's processing of non-email records with a proposal as to how to proceed. Signed by Judge Beryl A. Howell on 07/10/2013. (lcbah2) (Entered: 07/10/2013)
2013-07-11		Set/Reset Deadlines:Joint Status Report due by 10/10/2013. (tg, ) (Entered: 07/11/2013)
2013-10-01	47	Consent MOTION for Extension of Time to File Status Report in Light of Lapse of Appropriations by U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 10/01/2013)
2013-10-01		MINUTE ORDER (paperless) GRANTING the defendant's 47 Consent Motion To Extend Deadline to File Status Report. The parties shall, by November 12, 2013, file a status report in this action, pursuant to the instructions in this Court's Minute Order of July 10, 2013. Signed by Judge Beryl A. Howell on October 1, 2013. (lcbah1) (Entered: 10/01/2013)
2013-10-01		Set/Reset Deadlines: Status Report due by 11/12/2013 (tg, ) (Entered: 10/01/2013)
2013-11-12	48	STATUS REPORT (Joint Status Report) by U.S. CUSTOMS AND BORDER PROTECTION. (Simon, Jeremy) (Entered: 11/12/2013)
2014-03-14	49	MEMORANDUM OPINION regarding defendant CBP's 32 Motion for Summary Judgment Regarding Email Records and the plaintiff's 35 Motion for Summary Judgment Regarding Email Records. Signed by Judge Beryl A. Howell on March 14, 2014. (lcbah2) (Entered: 03/14/2014)
2014-03-14	50	ORDER GRANTING IN PART and DENYING IN PART defendant CBP's 32 Motion for Summary Judgment Regarding Email Records and GRANTING IN PART and DENYING IN PART the plaintiff's 35 Motion for Summary Judgment Regarding Email Records. See Order for further details. The Clerk of the Court is directed to close the case. Signed by Judge Beryl A. Howell on March 14, 2014. (lcbah2) (Entered: 03/14/2014)
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