Skip to content

Case Detail

[Subscribe to updates]
Case TitleCENTER FOR PUBLIC INTEGRITY v. U.S. CUSTOMS AND BORDER PROTECTION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02303
Date Filed2018-10-05
Date Closed2020-10-21
JudgeJudge Randolph D. Moss
PlaintiffCENTER FOR PUBLIC INTEGRITY
Case DescriptionThe Center for Public Integrity submitted a FOIA request to U.S. Customs and Border Protection for records concerning instances in which individuals were physically searched by CBP agents at airports or other ports of entry. After hearing nothing further from the agency, CPI filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. CUSTOMS AND BORDER PROTECTION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-10-051COMPLAINT against U.S. CUSTOMS AND BORDER PROTECTION ( Filing fee $ 400 receipt number 0090-5724551) filed by CENTER FOR PUBLIC INTEGRITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Defendant, # 3 Summons U.S. Atty, # 4 Summons Atty Gen)(Smith, Peter) (Attachment 1 replaced on 10/9/2018) (zjd). (Entered: 10/05/2018)
2018-10-052LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR PUBLIC INTEGRITY (Smith, Peter) (Entered: 10/05/2018)
2018-10-09Case Assigned to Judge Randolph D. Moss. (zjd) (Entered: 10/09/2018)
2018-10-093SUMMONS (3) Issued Electronically as to U.S. CUSTOMS AND BORDER PROTECTION, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent)(zjd) (Entered: 10/09/2018)
2018-10-114RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/10/2018. Answer due for ALL FEDERAL DEFENDANTS by 11/9/2018. (Smith, Peter) (Entered: 10/11/2018)
2018-10-175RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 10/15/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/15/2018. (Attachments: # 1 Exhibit USPS Tracking - CBP, # 2 Exhibit USPS Tracking - Atty Gen)(Smith, Peter) (Entered: 10/17/2018)
2018-10-296NOTICE of Appearance by Marina Utgoff Braswell on behalf of U.S. CUSTOMS AND BORDER PROTECTION (Braswell, Marina) (Entered: 10/29/2018)
2018-11-097ANSWER to Complaint by U.S. CUSTOMS AND BORDER PROTECTION.(Braswell, Marina) (Entered: 11/09/2018)
2018-11-09MINUTE ORDER: The parties are hereby ORDERED to appear for an Initial Scheduling Conference on Wednesday, November 28, 2018, at 3:00 p.m. in Courtroom 21. It is further ORDERED that the parties shall confer in advance of the Initial Scheduling Conference on (1) whether any records can be released, and (2) the proper next steps in this litigation. Signed by Judge Randolph D. Moss on 11/9/2018. (lcrdm1, ) (Entered: 11/09/2018)
2018-11-09Set/Reset Hearings: Initial Scheduling Conference set for 11/28/2018 at 3:00 PM in Courtroom 21 before Judge Randolph D. Moss. (dot) (Entered: 11/15/2018)
2018-11-28Minute Entry for proceedings held before Judge Randolph D. Moss: Initial Scheduling Conference held on 11/28/2018. Joint Status Report due by 1/18/2019. (Court Reporter: Jeff Hook.) (kt) (Entered: 11/28/2018)
2019-01-188Consent MOTION to Stay (Defendant's Consent Motion to Stay Proceedings in Light of Lapse of Appropriations) by U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Text of Proposed Order)(Braswell, Marina) (Entered: 01/18/2019)
2019-01-21MINUTE ORDER: Upon consideration of Defendant's motion to stay, Dkt. 8 , it is hereby ORDERED that the motion is GRANTED. Within 14 days of Congress appropriating funds for the Department of Justice, the parties shall submit a joint status report. Signed by Judge Randolph D. Moss on 1/21/2019. (lcrdm1, ) (Entered: 01/21/2019)
2019-02-089Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 02/08/2019)
2019-02-11MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 9 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 8, 2019. It is further ORDERED that, in light of the restoration of funding, this case is hereby UNSTAYED. Signed by Judge Randolph D. Moss on 2/11/2019. (lcrdm1, ) (Entered: 02/11/2019)
2019-02-11Set/Reset Deadlines: Joint Status Report due by 3/8/2019. (kt) (Entered: 02/11/2019)
2019-03-0810Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Braswell, Marina) (Entered: 03/08/2019)
2019-03-12MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 10 , it is hereby ORDERED that the parties shall file a further status report on or before April 18, 2019. Signed by Judge Randolph D. Moss on 3/12/2019. (lcrdm1, ) (Entered: 03/12/2019)
2019-03-12Set/Reset Deadlines: Joint Status Report due by 4/18/2019. (kt) (Entered: 03/12/2019)
2019-04-1811Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 04/18/2019)
2019-04-22MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 11 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 17, 2019. Signed by Judge Randolph D. Moss on 4/22/2019. (lcrdm1, ) (Entered: 04/22/2019)
2019-04-22Set/Reset Deadlines: Joint Status Report due by 5/17/2019. (kt) (Entered: 04/22/2019)
2019-05-1712Unopposed MOTION for Extension of Time to File Joint Status Report by U.S. CUSTOMS AND BORDER PROTECTION (Braswell, Marina) (Entered: 05/17/2019)
2019-05-20MINUTE ORDER: Upon consideration of Defendant's unopposed motion for extension of time, Dkt. 12 , it is hereby ORDERED that the motion is GRANTED. The parties shall file a further joint status report on or before May 22, 2019. Signed by Judge Randolph D. Moss on 5/20/2019. (lcrdm1, ) (Entered: 05/20/2019)
2019-05-20Set/Reset Deadlines: Joint Status Report due by 5/22/2019. (kt) (Entered: 05/20/2019)
2019-05-2213Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 05/22/2019)
2019-05-24MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a status conference at 10:30 a.m. on June 11, 2019, in Courtroom 21. Signed by Judge Randolph D. Moss on 5/24/2019. (lcrdm1, ) (Entered: 05/24/2019)
2019-05-24Set/Reset Hearings: Status Conference set for 6/11/2019, at 10:30 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 05/24/2019)
2019-06-1014Joint MOTION to Vacate Status Conference by CENTER FOR PUBLIC INTEGRITY (Smith, Peter) (Entered: 06/10/2019)
2019-06-10MINUTE ORDER: Upon consideration of the parties' joint motion to vacate, Dkt. 14 , it is hereby ORDERED that the motion is GRANTED. The parties shall file a joint status report on or before June 28, 2019. Signed by Judge Randolph D. Moss on 6/10/2019. (lcrdm1, ) (Entered: 06/10/2019)
2019-06-10Set/Reset Deadlines: Joint Status Report due by 6/28/2019. (kt) (Entered: 06/10/2019)
2019-06-2815Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Braswell, Marina) (Entered: 06/28/2019)
2019-07-01MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 15 , it is hereby ORDERED that the parties shall file a further joint status report on or before July 26, 2019. Signed by Judge Randolph D. Moss on 7/1/2019. (lcrdm1, ) (Entered: 07/01/2019)
2019-07-02Set/Reset Deadlines: Joint Status Report due by 7/26/2019. (kt) (Entered: 07/02/2019)
2019-07-2616Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 07/26/2019)
2019-07-29MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 16 , it is hereby ORDERED that the parties shall file a further joint status report on or before September 11, 2019. Signed by Judge Randolph D. Moss on 7/29/2019. (lcrdm1, ) (Entered: 07/29/2019)
2019-07-29Set/Reset Deadlines: Joint Status Report due by 9/11/2019. (hmc) (Entered: 07/29/2019)
2019-09-1117Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 09/11/2019)
2019-09-13MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 17 , the Court hereby ORDERS the parties to submit another joint status report on or before October 8, 2019. Signed by Judge Randolph D. Moss on 9/13/2019. (lcrdm1, ) (Entered: 09/13/2019)
2019-09-13Set/Reset Deadlines: Joint Status Report due by 10/8/2019. (kt) (Entered: 09/13/2019)
2019-10-0818Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) Modified on 10/9/2019 to correct the filed date (jf). (Entered: 10/09/2019)
2019-10-09MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 18 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 29, 2019. Signed by Judge Randolph D. Moss on 10/9/19. (lcrdm1) (Entered: 10/09/2019)
2019-10-10Set/Reset Deadlines: Joint Status Report due by 10/29/2019. (kt) (Entered: 10/10/2019)
2019-10-2919Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 10/29/2019)
2019-10-29MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 19 , it is hereby ORDERED that the parties shall file a further joint status report on or before November 21, 2019. Signed by Judge Randolph D. Moss on 10/29/19. (lcrdm1) (Entered: 10/29/2019)
2019-11-2120Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 11/21/2019)
2019-11-24MINUTE ORDER: In light of the parties' joint status report, Dkt. 20 , it is hereby ORDERED that the parties shall file a further joint status report on or before December 18, 2019. Signed by Judge Randolph D. Moss on 11/24/19. (lcrdm1) (Entered: 11/24/2019)
2019-12-1821Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 12/18/2019)
2019-12-20MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 21 , it is hereby ORDERED that the parties shall appear for a status conference on Tuesday, January 7, 2020 at 11:00 A.M. to discuss and refine any remaining disputes prior to the Court's issuance of a summary judgment briefing schedule. Signed by Judge Randolph D. Moss on 12/20/19. (lcrdm1) (Entered: 12/20/2019)
2019-12-20Set/Reset Hearings: Status Conference set for 1/7/2020, at 11:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 12/20/2019)
2020-01-07Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 1/7/2020. By 1/17/2020, the Defendant shall provide Plaintiff with the information discussed today regarding the two open issues. Joint Status Report due by 1/29/2020. (Court Reporter: Jeff Hook.) (kt) (Entered: 01/07/2020)
2020-01-22MINUTE ORDER: The parties are hereby ORDERED to comply with the terms of the Court's revised standing order, which is available on the Court's website. Click for details. Signed by Judge Randolph D. Moss on 1/22/20. (lcrdm1) (Entered: 01/22/2020)
2020-01-2922Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 01/29/2020)
2020-01-31MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 22 , it is hereby ORDERED that the parties shall submit a further joint status report on or before February 19, 2020. Signed by Judge Randolph D. Moss on 1/31/20. (lcrdm1) (Entered: 01/31/2020)
2020-02-1923Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 02/19/2020)
2020-02-19MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 23 , it is hereby ORDERED that Plaintiff shall file, on or before March 6, 2020, a brief preview of its summary judgment motion, in accordance with the requirements set out in the Court's standing order. Minute Order (Jan. 22, 2020). It is further ORDERED that, on or before March 13, 2020, Defendant shall respond to Plaintiff's filing with a brief preview of its anticipated responses to Plaintiff's motion. It is further ORDERED that the parties shall appear on April 10, 2020 at 11:00 a.m., in Judge Moss' Jury Room, for a pre-motion conference to discuss the merits of Plaintiff's anticipated motion for summary judgment and Defendant's anticipated response. Signed by Judge Randolph D. Moss on 2/19/20. (lcrdm1) Modified on 2/20/2020 to add location of pre-motion conference (kt). (Entered: 02/19/2020)
2020-02-20Set/Reset Hearings: Pre-motion Conference set for 4/10/2020, at 11:00 AM, in Judge Moss' Jury Room, before Judge Randolph D. Moss. (kt) (Entered: 02/20/2020)
2020-03-0324NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez on behalf of U.S. CUSTOMS AND BORDER PROTECTION Substituting for attorney Marina Utgoff Braswell (Gonzalez, Brenda) (Entered: 03/03/2020)
2020-03-0625NOTICE of Plaintiff's Anticipated Motion for Summary Judgment by CENTER FOR PUBLIC INTEGRITY (Smith, Peter) (Entered: 03/06/2020)
2020-03-1326NOTICE of Defendant's Anticipated Motion for Summary Judgment and Response to Plaintiff's Anticipated Motion for Summary Judgment by U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Declaration Patrick Howard)(Gonzalez, Brenda) (Entered: 03/13/2020)
2020-03-16MINUTE ORDER: In light of the current public health emergency, it is hereby ORDERED that the pre-motion conference scheduled for April 10, 2020 is VACATED and RESCHEDULED for May 26, 2020 at 10:00 a.m. Signed by Judge Randolph D. Moss on 3/16/20. (lcrdm1) (Entered: 03/16/2020)
2020-03-17Set/Reset Hearings: The Pre-motion Conference set for 4/10/2020 is VACATED and RESCHEDULED for 5/26/2020, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 03/17/2020)
2020-05-15MINUTE ORDER: It is hereby ORDERED that the pre-motion conference scheduled for May 26, 2020 is hereby VACATED and RESCHEDULED for June 3, 2020 at 10:00 a.m. It is further ORDERED that, due to the current public health emergency, the pre-motion conference shall be conducted telephonically. Signed by Judge Randolph D. Moss on 5/15/2020. (lcrdm1) (Entered: 05/15/2020)
2020-05-1827NOTICE of Appearance by Michael A. Tilghman on behalf of U.S. CUSTOMS AND BORDER PROTECTION (Tilghman, Michael) (Entered: 05/18/2020)
2020-06-03Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Pre-motion Conference held on 6/3/2020. The parties, and the Court, appeared via telephone. For the reasons stated on the record, the parties shall meet and confer, and shall include the presence of an agency official in their meeting and discussions. Joint Status Report due by 7/8/2020. (Court Reporter: Jeff Hook.) (kt) (Entered: 06/03/2020)
2020-07-0828Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 07/08/2020)
2020-07-10MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 28 , it is hereby ORDERED that the parties shall submit a further joint status report on or before August 7, 2020. Signed by Judge Randolph D. Moss on 7/10/2020. (lcrdm1) (Entered: 07/10/2020)
2020-08-0729Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 08/07/2020)
2020-08-07MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 29 , it is hereby ORDERED that the parties shall file a further status report on or before September 7, 2020. Signed by Judge Randolph D. Moss on 8/7/2020. (lcrdm1) (Entered: 08/07/2020)
2020-09-0430Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 09/04/2020)
2020-09-04MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 30 , it is hereby ORDERED that they shall file a further joint status report on or before September 21, 2020. Signed by Judge Randolph D. Moss on 09/04/2020. (lcrdm1) (Entered: 09/04/2020)
2020-09-1531NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. CUSTOMS AND BORDER PROTECTION. (Gonzalez, Brenda) (Entered: 09/15/2020)
2020-09-2132Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 09/21/2020)
2020-09-22MINUTE ORDER: Upon consideration of Parties' joint status report, Dkt. 32 , it is hereby ORDERED that the case is DISMISSED with prejudice, pursuant to Parties' agreement. The Court will reserve judgment on whether Plaintiff's motion for attorney fees is proper pending the filing of the motion and briefing by the parties. Signed by Judge Randolph D. Moss on 09/22/2020. (lcrdm1) (Entered: 09/22/2020)
2020-10-0633WITHDRAWN PURSUANT TO MINUTE ORDER FILED 10/21/2020..... MOTION for Attorney Fees by CENTER FOR PUBLIC INTEGRITY (Attachments: # 1 Declaration of Peter Newbatt Smith, # 2 Exhibit Time Record, # 3 Text of Proposed Order)(Smith, Peter) Modified on 10/21/2020 (kt). (Entered: 10/06/2020)
2020-10-2034STIPULATION of Dismissal by U.S. CUSTOMS AND BORDER PROTECTION. (Tilghman, Michael) (Entered: 10/20/2020)
2020-10-21MINUTE ORDER: In light of the parties' Stipulation, Dkt. 34 , the Court ORDERS that the case is DISMISSED with prejudice. Plaintiff's motion for attorneys' fees, Dkt. 33 , is withdrawn. It is further ORDERED that each party shall bear its own costs and attorneys' fees. The Clerk of Court is directed to terminate this case. Signed by Judge Randolph D. Moss on 10/21/2020. (lcrdm1) (Entered: 10/21/2020)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar