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Case TitleDEMOCRACY FORWARD FOUNDATION v. UNITED STATES CUSTOMS AND BORDER PROTECTION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01735
Date Filed2018-07-25
Date Closed2020-02-14
JudgeJudge Christopher R. Cooper
PlaintiffDEMOCRACY FORWARD FOUNDATION
Case DescriptionDemocracy Forward Foundation submitted a FOIA request to U.S. Customs and Border Protection for records concerning the agency's zero tolerance policy. DFF also requested expedited processing. The agency acknowledged receipt of the request and denied DFF's request for expedited processing. After hearing nothing further from the agency, DFF filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES CUSTOMS AND BORDER PROTECTION
DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY
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

2018-07-251COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5604040) filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet, # 5 Summons, # 6 Summons, # 7 Summons)(Shah, Nitin) (Attachment 4 replaced on 7/27/2018) (zmd). (Entered: 07/25/2018)
2018-07-25Case Assigned to Judge Christopher R. Cooper. (zmd) (Entered: 07/27/2018)
2018-07-272SUMMONS (3) Issued Electronically as to UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. General. (Attachments: # 1 Notice and Consent) (zmd) (Entered: 07/27/2018)
2018-08-013REQUEST FOR SUMMONS TO ISSUE to Jessie K. Liu, U.S. Attorney for the District of Columbia re 1 Complaint, filed by DEMOCRACY FORWARD FOUNDATION. Related document: 1 Complaint, filed by DEMOCRACY FORWARD FOUNDATION.(Shah, Nitin) (Entered: 08/01/2018)
2018-08-074SUMMONS (1) Issued Electronically as to U.S. Attorney. (zrdj) (Entered: 08/07/2018)
2018-08-135RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/9/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 9/8/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/6/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CUSTOMS AND BORDER PROTECTION served on 8/3/2018; UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 8/3/2018 (Attachments: # 1 Declaration)(Shah, Nitin) (Entered: 08/13/2018)
2018-09-106ANSWER to Complaint by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Hendry, Melanie) (Entered: 09/10/2018)
2018-09-10MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties promptly confer and file a joint proposed schedule for briefing or disclosure by September 25, 2018. Signed by Judge Christopher R. Cooper on 09/10/2018. (lccrc3) (Entered: 09/10/2018)
2018-09-10Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 9/25/2018. (znbn) (Entered: 09/10/2018)
2018-09-257Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Hendry, Melanie) (Entered: 09/25/2018)
2018-09-27MINUTE ORDER: Upon consideration of the parties' 7 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report on or before November 1, 2018. The parties shall adhere to a briefing schedule on Plaintiff's expedited processing claim as follows: Plaintiff's motion for summary judgment shall be filed on or before October 16, 2018; Defendants' opposition and cross-motion for summary judgment shall be filed on or before November 14, 2018; Plaintiff's reply and opposition shall be filed on or before November 28, 2018; Defendants' reply shall be filed on or before December 12, 2018. Signed by Judge Christopher R. Cooper on 09/27/2018. (lccrc3) (Entered: 09/27/2018)
2018-09-27Set/Reset Deadlines: Joint Status Report due by 11/1/2018 Summary Judgment motions due by 10/16/2018. Response to Motion for Summary Judgment due by 11/14/2018. Reply to Motion for Summary Judgment due by 11/28/2018. Replies due by 12/12/2018. (lsj) (Entered: 09/27/2018)
2018-10-168MOTION for Partial Summary Judgment by DEMOCRACY FORWARD FOUNDATION (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Statement of Facts, # 8 Text of Proposed Order)(Shah, Nitin) (Entered: 10/16/2018)
2018-11-019Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Hendry, Melanie) (Entered: 11/01/2018)
2018-11-02MINUTE ORDER: The parties shall appear for a telephonic status conference on November 7, 2018 at 12:00 PM. Signed by Judge Christopher R. Cooper on 11/02/2018. (lccrc3) (Entered: 11/02/2018)
2018-11-05Set/Reset Hearings: Telephone Conference set for 11/7/2018 at 12:00 PM in Chambers before Judge Christopher R. Cooper. (lsj) (Entered: 11/05/2018)
2018-11-07MINUTE ORDER: The parties shall file a status report on or before December 14, 2018, to include an update regarding the first disclosure of responsive documents. Signed by Judge Christopher R. Cooper on 11/07/2018. (lccrc3) (Entered: 11/07/2018)
2018-11-07Minute Entry for Telephone Conference held before Judge Christopher R. Cooper on 11/7/2018. Forthcoming Order. (Court Reporter: Lisa Moreira) (lsj) (Entered: 11/07/2018)
2018-11-07Set/Reset Deadlines: Status Report due by 12/14/2018 (lsj) (Entered: 11/07/2018)
2018-11-0910STIPULATION re 8 MOTION for Partial Summary Judgment by DEMOCRACY FORWARD FOUNDATION. (Shah, Nitin) (Entered: 11/09/2018)
2018-11-13MINUTE ORDER: In light of the parties' 10 Stipulation, Plaintiff's 8 Motion for Partial Summary Judgment is denied without prejudice as moot. Signed by Judge Christopher R. Cooper on 11/13/2018. (lccrc3) (Entered: 11/13/2018)
2018-12-1411Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Hendry, Melanie) (Entered: 12/14/2018)
2018-12-17MINUTE ORDER: Upon consideration of the parties' 11 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report on or before January 31, 2019. Signed by Judge Christopher R. Cooper on 12/17/2018. (lccrc3) (Entered: 12/17/2018)
2018-12-18Set/Reset Deadlines: Status Report due by 1/31/2019 (lsj) (Entered: 12/18/2018)
2019-01-3112Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Hendry, Melanie) (Entered: 01/31/2019)
2019-02-01MINUTE ORDER: Upon consideration of the parties' 12 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before February 12, 2019. Signed by Judge Christopher R. Cooper on 02/01/2019. (lccrc3) (Entered: 02/01/2019)
2019-02-01Set/Reset Deadlines: Joint Status Report due by 2/12/2019 (lsj) (Entered: 02/01/2019)
2019-02-1213Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Hendry, Melanie) (Entered: 02/12/2019)
2019-02-13MINUTE ORDER: Upon consideration of the parties' 13 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report on or before March 29, 2019. Signed by Judge Christopher R. Cooper on 02/13/2019. (lccrc3) (Entered: 02/13/2019)
2019-02-14Set/Reset Deadlines: Further Status Report due by 3/29/2019 (lsj) (Entered: 02/14/2019)
2019-03-2814Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Hendry, Melanie) (Entered: 03/28/2019)
2019-03-28MINUTE ORDER: Upon consideration of the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report on or before May 23, 2019. Signed by Judge Christopher R. Cooper on 03/28/2019. (lccrc3) (Entered: 03/28/2019)
2019-03-29Set/Reset Deadlines: Status Report due by 5/23/2019 (lsj) (Entered: 03/29/2019)
2019-05-2315Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Hendry, Melanie) (Entered: 05/23/2019)
2019-05-24MINUTE ORDER: Upon consideration of the parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report on or before July 23, 2019. Signed by Judge Christopher R. Cooper on 05/24/2019. (lccrc3) (Entered: 05/24/2019)
2019-05-28Set/Reset Deadlines: Status Report due by 7/23/2019 (lsj) (Entered: 05/28/2019)
2019-07-2316Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Hendry, Melanie) (Entered: 07/23/2019)
2019-07-23MINUTE ORDER: The parties' 16 Joint Status Report indicates that Defendants will complete processing of responsive records by August 22, 2019. Accordingly, it is hereby ORDERED that the parties shall file a further status report on or before September 23, 2019, indicating whether any disputes remain and, if so, proposing a briefing schedule. Signed by Judge Christopher R. Cooper on 07/23/2019. (lccrc3) (Entered: 07/23/2019)
2019-07-24Set/Reset Deadlines: Status Report due by 9/23/2019 (lsj) (Entered: 07/24/2019)
2019-08-0717NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Melanie Hendry (Moustakas, John) (Entered: 08/07/2019)
2019-08-0718NOTICE of Appearance by Benjamin M. Seel on behalf of DEMOCRACY FORWARD FOUNDATION (Seel, Benjamin) (Entered: 08/07/2019)
2019-09-2319Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Seel, Benjamin) (Entered: 09/23/2019)
2019-09-25MINUTE ORDER: In light of 19 Joint Status Report, the parties are hereby ORDERED to file a further status report on or before December 16, 2019. That joint status report should include a proposed summary judgment briefing schedule for any disputes that remain. Signed by Judge Christopher R. Cooper on 09/25/2019. (lccrc3) (Entered: 09/25/2019)
2019-09-25Set/Reset Deadlines: Status Report due by 12/16/2019 (lsj) (Entered: 09/25/2019)
2019-12-1620Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Seel, Benjamin) (Entered: 12/16/2019)
2019-12-17MINUTE ORDER: In light of 20 Joint Status Report, the parties are hereby ORDERED to file a further joint status report on or before January 16, 2020. That joint report should include a proposed summary judgment briefing schedule for any disputes that remain. Signed by Judge Christopher R. Cooper on 12/17/2019. (lccrc3) (Entered: 12/17/2019)
2019-12-18Set/Reset Deadlines: Joint Status Report due by 1/16/2020 (lsj) (Entered: 12/18/2019)
2020-01-1621Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Seel, Benjamin) (Entered: 01/16/2020)
2020-01-17MINUTE ORDER: In light of 21 Joint Status Report, the parties are hereby ordered to file a further Joint Status Report on or before February 13, 2020. Signed by Judge Christopher R. Cooper on 01/17/2020. (lccrc3) (Entered: 01/17/2020)
2020-01-21Set/Reset Deadlines: Joint Status Report due by 2/13/2020 (lsj) (Entered: 01/21/2020)
2020-02-1322STIPULATION of Dismissal by DEMOCRACY FORWARD FOUNDATION. (Seel, Benjamin) (Entered: 02/13/2020)
2020-02-14MINUTE ORDER: In light of the parties' 22 Stipulation of Dismissal, the case is hereby DISMISSED with prejudice, with each party to bear its own fees and costs. Signed by Judge Christopher R. Cooper on 02/14/2020. (lccrc3) (Entered: 02/14/2020)
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