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Case TitleMoore v. U.S. Immigration and Customs Enforcement, et al.
DistrictWestern District of Texas
CityEl Paso
Case Number3:2019cv00279
Date Filed2019-10-01
Date Closed2021-12-16
JudgeJudge David C Guaderrama
PlaintiffRobert Moore
Case DescriptionRobert Moore, a journalist covering immigration issues in El Paso, submitted FOIA requests to U.S. Immigration and Customs Enforcement for records concerning the detention of immigrants seeking asylum in the El Paso area. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Moore filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Immigration and Customs Enforcement
DefendantU.S. Customs and Border Proctection
DefendantU.S. Department of Health and Human Services
Documents
Docket
Complaint
Opinion/Order [73]
Opinion/Order [85]
User-contributed Documents
 059 Govt's Opposed Motion for Open America Stay
064 Pl Response to Govt's Opposed Motion
067 Govt's Reply to Response to Motion
069 Pl Surreply to Govt Reply
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-10-011COMPLAINT ( Filing fee $ 400 receipt number 0542-12674340). No Summons requested at this time, filed by Robert Moore.(Coyle, Lynn) (Entered: 10/01/2019)
2019-10-012JS44 (Civil Cover Sheet) submitted by Robert Moore. (Coyle, Lynn) (Entered: 10/01/2019)
2019-10-01Case assigned to Judge David C Guaderrama. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (scf) (Entered: 10/02/2019)
2019-10-01If ordered by the court, all referrals will be assigned to Magistrate Judge Schydlower (scf) (Entered: 10/02/2019)
2019-10-01https://www.txwd.uscourts.gov/judges-information/standing-orders/index.html (scf) (Entered: 10/02/2019)
2019-10-023REQUEST FOR ISSUANCE OF SUMMONS by Robert Moore. (Coyle, Lynn) (Entered: 10/02/2019)
2019-10-034Summons Issued as to U.S. Immigration and Customs Enforcement. (em) (Entered: 10/03/2019)
2019-10-035Summons Issued as to U.S. Immigration and Customs Enforcement, C/O. Office of the General Counsel (em) (Entered: 10/03/2019)
2019-10-036Summons Issued as to U.S. Immigration and Customs Enforcement, c/o Attorney General, Washington, D.C. (em) (Entered: 10/04/2019)
2019-10-037Summons Issued as to U.S. Customs and Border Proctection, c/o. Ms. Stephanie Rico Civil Process Clerk (em) (Entered: 10/04/2019)
2019-10-038Summons Issued as to U.S. Customs and Border Proctection, c/o Office of the General Counsel, Washington, DC. (em) (Entered: 10/04/2019)
2019-10-039Summons Issued as to U.S. Customs and Border Protection, c/o Attorney General of the United States. (em) (Entered: 10/04/2019)
2019-10-0310Summons Issued as to U.S. Department of Health and Human Services, c/o Ms. Stephanie Rico Civil Process Clerk. (em) (Entered: 10/04/2019)
2019-10-0311Summons Issued as to U.S. Department of Health and Human Services, c/o General Counsel, Washington, DC. (em) (Entered: 10/04/2019)
2019-10-0312Summons Issued as to U.S. Department of Health and Human Services, Attorney General of the United States, C/O Attorney General of the United States, Washington, DC. (em) (Entered: 10/04/2019)
2019-10-1013SUMMONS Returned Executed by Robert Moore. U.S. Customs and Border Proctection served on 10/7/2019, answer due 12/6/2019; U.S. Department of Health and Human Services served on 10/7/2019, answer due 12/6/2019. (Coyle, Lynn) (Entered: 10/10/2019)
2019-10-1114SUMMONS Returned Executed by Robert Moore. U.S. Immigration and Customs Enforcement served on 10/8/2019, answer due 12/9/2019. (Coyle, Lynn) (Entered: 10/11/2019)
2019-11-0615Defendants' ANSWER to 1 Complaint by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement.(Romero, Manuel) (Entered: 11/06/2019)
2019-11-1816Order Proposed Scheduling Order. Proposed scheduling order due to the Court by 12/18/2019. Signed by Judge David C Guaderrama. (em) (Entered: 11/18/2019)
2019-12-0417SUMMONS Returned Executed by Robert Moore. U.S. Immigration and Customs Enforcement served on 10/7/2019, answer due 12/9/2019. (Coyle, Lynn) (Entered: 12/04/2019)
2019-12-0418SUMMONS Returned Executed by Robert Moore. (Coyle, Lynn) (Entered: 12/04/2019)
2019-12-0419SUMMONS Returned Executed by Robert Moore. U.S. Customs and Border Proctection served on 10/8/2019, answer due 12/9/2019. (Coyle, Lynn) (Entered: 12/04/2019)
2019-12-0420SUMMONS Returned Executed by Robert Moore. (Coyle, Lynn) (Entered: 12/04/2019)
2019-12-0421SUMMONS Returned Executed by Robert Moore. (Coyle, Lynn) (Entered: 12/04/2019)
2019-12-0422SUMMONS Returned Executed by Robert Moore. U.S. Department of Health and Human Services served on 10/9/2019, answer due 12/9/2019. (Coyle, Lynn) (Entered: 12/04/2019)
2019-12-1723Proposed Scheduling Order by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement. (Romero, Manuel) (Entered: 12/17/2019)
2019-12-1724Scheduling Recommendations Joint Report by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement. (Romero, Manuel) (Entered: 12/17/2019)
2019-12-1825SCHEDULING ORDER: Bench Trial set for 12/7/2020 09:00 AM before Judge David C Guaderrama, Pretrial Conference set for 11/30/2020 02:00 PM before Judge David C Guaderrama, Amended Pleadings due by 3/17/2020, Discovery due by 6/29/2020, Joinder of Parties due by 3/17/2020, Dispositive Motions due by 8/28/2020,. Signed by Judge David C Guaderrama. (mc4) (Entered: 12/18/2019)
2019-12-1826MOTION for Judgment on the Pleadings by Robert Moore. (Attachments: # 1 Proposed Order)(Coyle, Lynn) (Entered: 12/18/2019)
2019-12-2727Unopposed MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Judgment on the Pleadings by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement. (Romero, Manuel) (Entered: 12/27/2019)
2019-12-30Text Order GRANTING 27 UNOPPOSED Motion for Extension of Time to File Response/Reply entered by Judge David C Guaderrama. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pc) (Entered: 12/30/2019)
2020-01-0928Unopposed MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Judgment on the Pleadings Defendant's Second Unopposed Motion for Extension of time by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement. (Romero, Manuel) (Entered: 01/09/2020)
2020-01-10Text Order GRANTING 28 Motion for Extension of Time to File Response/Reply entered by Judge David C Guaderrama. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pc) (Entered: 01/10/2020)
2020-01-1729ADR Report Filed - Joint by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement(Romero, Manuel) (Entered: 01/17/2020)
2020-01-1730Unopposed MOTION to Stay Deadline for Defendants' to Respond to Plaintiff's Motion for Judgment on the Pleadings and Defendants' Status Report by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement. (Romero, Manuel) (Entered: 01/17/2020)
2020-01-2131ORDER GRANTING 30 Motion to Stay; IT IS THEREFORE ORDERED that Defendants' deadline to respond to Plaintiff's "Motion for Judgment on the Pleadings" (ECF No. 26) is STAYED until further order from the Court; IT IS FINALLY ORDERED that Defendants SHALL file written status reports relating to their production of records to Plaintiff on February 24, 2020, April 3,2020, and every thirty(30) days thereafter. Further directives incorporated in this Order. Signed by Judge David C Guaderrama. (em) (Entered: 01/21/2020)
2020-01-21ORDER HELD IN ABEYANCE 26 Motion for Judgment on the Pleadings Signed by Judge David C Guaderrama. (em) (Entered: 11/09/2020)
2020-02-2432STATUS REPORT Pursuant to January 21, 2020 Order by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement. (Romero, Manuel) (Entered: 02/24/2020)
2020-03-0433Minute Entry for proceedings held before Judge David C Guaderrama: Docket Call held on 3/4/2020 (Minute entry documents are not available electronically.). (Court Reporter K. Supnet.)(em) (Entered: 03/04/2020)
2020-03-3134DESIGNATION OF EXPERT WITNESSES by Robert Moore. (Benoit, Christopher) (Entered: 03/31/2020)
2020-04-0335STATUS REPORT DEFENDANTS' APRIL 3, 2020 by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement. (Romero, Manuel) (Entered: 04/03/2020)
2020-04-3036DESIGNATION OF EXPERT WITNESSES by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement. (Romero, Manuel) (Entered: 04/30/2020)
2020-05-0437NOTICE Parties' May 14, 2020 Status Report by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement re 31 Order on Motion to Stay,, (Romero, Manuel) (Entered: 05/04/2020)
2020-05-2238OMNIBUS ORDER CANCELLING JUNE 2020 DOCKET CALLS IN CIVIL CASES. Signed by Judge David C Guaderrama. (em) (Entered: 05/22/2020)
2020-06-0339NOTICE Defendants' June 3, 2020 Status Report by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement re 31 Order on Motion to Stay,, (Romero, Manuel) (Entered: 06/03/2020)
2020-06-2540MOTION for Protective Order Against Discovery by U.S. Customs and Border Proctection. (Attachments: # 1 Exhibit 1)(Romero, Manuel) (Entered: 06/25/2020)
2020-07-0141Unopposed MOTION to Extend Scheduling Order Deadlines by Robert Moore. (Attachments: # 1 Proposed Order)(Coyle, Lynn) (Entered: 07/01/2020)
2020-07-0142Unopposed MOTION to Withdraw 40 MOTION for Protective Order Against Discovery by U.S. Customs and Border Proctection. (Romero, Manuel) (Entered: 07/01/2020)
2020-07-02Text Order GRANTING 42 Unopposed Motion to Withdraw. IT IS THEREFORE ORDERED that Defendant CBP's Motion and Memorandum for Protective Order Against Discovery 40 is hereby WITHDRAWN, without prejudice to refiling. entered by Judge David C Guaderrama. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pc) (Entered: 07/02/2020)
2020-07-02Text Order WITHDRAWING 40 Motion for Protective Order. See ECF No. 42 . entered by Judge David C Guaderrama. (This is a text-only entry generated by the court. There is no document associated with this entry.)(pc) (Entered: 07/02/2020)
2020-07-0243ORDER GRANTING 41 Motion to Extend Scheduling Order Deadlines ; IT IS ORDERED that the deadline for designation of Plaintiff Robert Moores testifying experts is extended from March 31, 2020, see Scheduling Order at 1, ECF No. 25, to the earlier of the following: (1) the date that Plaintiff files a Motion for Summary Judgment; or (2) the date that Plaintiff files a response to Defendants Motion for Summary Judgment. IT IS FURTHER ORDERED that either party may designate rebuttal expert declarations within fifteen (15) days following receipt of any declarations or report of the opposing expert.Signed by Judge David C Guaderrama. (em) (Entered: 07/02/2020)
2020-07-0644NOTICE Defendants' July 6, 2020 Status Report by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement re 31 Order on Motion to Stay,, (Romero, Manuel) (Entered: 07/06/2020)
2020-07-0845NOTICE Defendants' Amended July 6, 2020 Status Report Pursuant to January 21, 2020 Order by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement re 44 Notice (Other) (Romero, Manuel) (Entered: 07/08/2020)
2020-07-0846Opposed MOTION to Lift Stay of deadline for Defendants HHS and CBP to respond to Plaintiffs Motion for Judgment on the Pleadings and to Compel Defendants to comply with a finite production schedule by Robert Moore. (Attachments: # 1 Proposed Order)(Coyle, Lynn) (Entered: 07/08/2020)
2020-07-1547Unopposed MOTION for Extension of Time to File Response/Reply as to 46 Opposed MOTION to Lift Stay of deadline for Defendants HHS and CBP to respond to Plaintiffs Motion for Judgment on the Pleadings and to Compel Defendants to comply with a finite production schedule by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement. (Romero, Manuel) (Entered: 07/15/2020)
2020-07-16Text Order GRANTING 47 Defendants' Unopposed Motion for Extension of Time to File Response/Reply. IT IS THEREFORE ORDERED that Defendants' deadline to respond to Plaintiff's motion 46 is now July 22, 2020. entered by Judge David C Guaderrama. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pc) (Entered: 07/16/2020)
2020-07-2248RESPONSE to Motion, filed by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement, re 46 Opposed MOTION to Lift Stay of deadline for Defendants HHS and CBP to respond to Plaintiffs Motion for Judgment on the Pleadings and to Compel Defendants to comply with a finite production schedule filed by Plaintiff Robert Moore (Romero, Manuel) (Entered: 07/22/2020)
2020-07-2649REPLY to Response to Motion, filed by Robert Moore, re 46 Opposed MOTION to Lift Stay of deadline for Defendants HHS and CBP to respond to Plaintiffs Motion for Judgment on the Pleadings and to Compel Defendants to comply with a finite production schedule filed by Plaintiff Robert Moore (Benoit, Christopher) (Entered: 07/26/2020)
2020-08-0550NOTICE Defendant's August 5, 2020 Status Report Pursuant to January 21, 2020 Order by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement (Romero, Manuel) (Entered: 08/05/2020)
2020-08-1051MEMORANDUM ORDER and GRANTING IN PART AND DENYING IN PART 46 Motion to Lift Stay; Further directives incorporated in this Order. Signed by Judge David C Guaderrama. (em) (Entered: 08/10/2020)
2020-08-1452STATUS REPORT Defendant CBP's August 14, 2020 Status Report Pursuant to August 10, 2020 Memorandum Order by U.S. Customs and Border Proctection. (Romero, Manuel) (Entered: 08/14/2020)
2020-08-2053OMNIBUS ORDER VACATING SEPTEMBER 2020 DOCKET CALLS IN CIVIL CASES. Signed by Judge David C Guaderrama. (em) (Entered: 08/20/2020)
2020-08-2854Joint MOTION to Extend Scheduling Order Deadlines and Continue Trial Date by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement. (Romero, Manuel) (Entered: 08/28/2020)
2020-08-3155AMENDED SCHEDULING ORDER and GRANTING 54 Motion to Extend Scheduling Order Deadlines Bench Trial set for 3/15/2021 09:00 AM before Judge David C Guaderrama, Pretrial Conference set for 3/11/2021 02:00 PM before Judge David C Guaderrama, ADR Report Deadline due by 2/2/2021, Dispositive Motions due by 12/11/2020. Signed by Judge David C Guaderrama. (em) (Entered: 08/31/2020)
2020-09-0456STATUS REPORT Defendants' September 4, 2020 by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement. (Romero, Manuel) (Entered: 09/04/2020)
2020-11-10Text Order HOLDING 26 Motion for Judgment on the Pleadings IN ABEYANCE until further order from the Court pursuant to the Court's January 21st Order (ECF No. 31 ). entered by Judge David C Guaderrama. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pc) (Entered: 11/10/2020)
2020-11-1857OMNIBUS ORDER VACATING DECEMBER 2020 DOCKET CALLS. Signed by Judge David C Guaderrama. (em) (Entered: 11/18/2020)
2020-11-1958Unopposed MOTION for Leave to Exceed Page Limitation by U.S. Customs and Border Proctection. (Attachments: # 1 Defendant CBP's Opposed Motion for Open America Stay and Extension of Finite Production Schedule, # 2 Exhibit 1)(Romero, Manuel) (Entered: 11/19/2020)
2020-11-20Text Order GRANTING 58 Unopposed Motion for Leave to File Excess Pages entered by Judge David C Guaderrama. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pc) (Entered: 11/20/2020)
2020-11-2059DEFENDANT CBPS OPPOSED MOTION FOR OPEN AMERICA STAY ANDEXTENSION OF FINITE PRODUCTION SCHEDULE, by U.S. Customs and Border Proctection. (em) (Entered: 11/20/2020)
2020-11-2060Unopposed MOTION for Extension of Time to File Defendant HHS'S Unnoposed Motion for Extension of Finite Production Schedule by U.S. Department of Health and Human Services. (Attachments: # 1 Exhibit 1)(Romero, Manuel) (Entered: 11/20/2020)
2020-11-2361Unopposed MOTION for Extension of Time to File Response/Reply as to 59 MOTION to Stay by Robert Moore. (Attachments: # 1 Proposed Order)(Benoit, Christopher) (Entered: 11/23/2020)
2020-11-2362ORDER GRANTING 60 Motion for Extension of Time to File; IT IS FURTHER ORDERED that Defendant U.S. Department of Health and Human Services SHALL finish processing and producing all responsive records relevant to Plaintiff Robert Moores request 18-F-0410 no later than January 11, 2020. Signed by Judge David C Guaderrama. (em) (Entered: 11/23/2020)
2020-11-24Text Order GRANTING 61 Unopposed Motion for Extension of Time to File Response/Reply entered by Judge David C Guaderrama. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pc) (Entered: 11/24/2020)
2020-12-0763Unopposed MOTION for Leave to Exceed Page Limitation by Robert Moore. (Attachments: # 1 Exhibit 1 - Pl's Resp to Mot for Open America Stay, # 2 Proposed Order Proposed Order to Mot for Leave, # 3 Proposed Order Proposed order to mot for Open America Stay)(Benoit, Christopher) (Entered: 12/07/2020)
2020-12-08Text Order GRANTING 63 Unopposed Motion for Leave to File Excess Pages entered by Judge David C Guaderrama. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pc) (Entered: 12/08/2020)
2020-12-0864Plaintiff's Response in Opposition to Motion, filed by Robert Moore, re 59 MOTION to Stay filed by Defendant U.S. Customs and Border Protection (em) (Entered: 12/08/2020)
2020-12-1465Unopposed MOTION for Extension of Time to File Response/Reply as to 64 Response in Opposition to Motion by U.S. Customs and Border Proctection. (Romero, Manuel) (Entered: 12/14/2020)
2020-12-15Text Order GRANTING 65 Unopposed Motion for Extension of Time to File Response/Reply. IT IS THEREFORE ORDERED that Defendant CBP SHALL file its Reply no later than December 23, 2020. entered by Judge David C Guaderrama. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pc) (Entered: 12/15/2020)
2020-12-2366Unopposed MOTION for Leave to Exceed Page Limitation by U.S. Customs and Border Proctection. (Attachments: # 1 DEFENDANT CBP'S REPLY TO PLAINTIFF'S RESPONSE TO DEFENDANT CBP'S OPPOSED MOTION FOR OPEN AMERICA STAY AND EXTENSION OF FINITE PRODUCTION SCHEDULE, # 2 Exhibit Declaration of Patrick Howard, # 3 Exhibit Backlog Reduction Plan, # 4 Exhibit OIG Report)(Romero, Manuel) (Entered: 12/23/2020)
2020-12-28Text Order GRANTING 66 Unopposed Motion for Leave to File Excess Pages entered by Judge David C Guaderrama. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pc) (Entered: 12/28/2020)
2020-12-2867DEFENDANT CBP'S REPLY'S to Response to Motion, filed by U.S. Customs and Border Proctection, re 59 OPPOSED MOTION FOR OPEN AMERICA Stay and Extension of Finite Production Schedule filed by Defendant U.S. Customs and Border Proctection (em) (Entered: 12/28/2020)
2020-12-2968Unopposed MOTION for Leave to File Surreply to CBP's Reply in support of its Motion for Open America Stay by Robert Moore. (Attachments: # 1 Proposed Order, # 2 Exhibit Surreply)(Benoit, Christopher) (Entered: 12/29/2020)
2020-12-29Text Order GRANTING 68 Unopposed Motion for Leave to File entered by Judge David C Guaderrama. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pc) (Entered: 12/29/2020)
2020-12-3069PLAINTIFFS SURREPLY TO DEFENDANT CBPS REPLY TO PLAINTIFFS RESPONSE TO CBPS OPPOSED MOTION FOR OPEN AMERICA STAY AND EXTENSION OF FINITE PRODUCTION SCHEDULE, filed by Robert Moore; re 59 MOTION to Stay filed by Defendant U.S. Customs and Border Proctection (em) (Entered: 12/30/2020)
2021-01-0570ADVISORY TO THE COURT by U.S. Customs and Border Proctection . (Romero, Manuel) (Entered: 01/05/2021)
2021-01-0771Unopposed MOTION for Leave to File Defendant CBP's Surreply to Plaintiff's Surreply to Defendant's Reply to Plaintiff's Response to CBP's Opposed Motion for Open America Stay and Extension of Finite Production Schedule by U.S. Customs and Border Proctection. (Attachments: # 1 Exhibit A-Surreply)(Romero, Manuel) (Entered: 01/07/2021)
2021-01-07Text Order GRANTING 71 Unopposed Motion for Leave to File entered by Judge David C Guaderrama. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pc) (Entered: 01/07/2021)
2021-01-0772DEFENDANT CBPS SURREPLY TO PLAINTIFFS SURREPLY TO DEFENDANTSREPLY TO PLAINTIFFS RESPONSE TO CBPS OPPOSED MOTION FOR OPEN AMERICA STAY AND EXTENSION OF FINITE PRODUCTION SCHEDULE re 59 MOTION to Stay filed by Defendant filed by U.S. Customs and Border Proctection (em) (Entered: 01/08/2021)
2021-01-1273MEMORANDUM OPINION AND ORDER; IT IS ORDERED that CBPs Motion for Open America Stay and Extension of Finite Production Schedule (ECF No. 59) is HEREBY GRANTED IN PART and DENIED IN PART; ( Evidentiary Hearing set for 3/2/2021 09:00 AM via Zoom before Judge David C Guaderrama,). Further directives incorporated in this Order. Signed by Judge David C Guaderrama. (em) (Entered: 01/12/2021)
2021-01-1574STATUS REPORT Defendant CBP's January 15, 2021 Status Report Pursuant to January 12, 2021 Memorandum Opinion and Order by U.S. Customs and Border Proctection. (Attachments: # 1 Exhibit 1)(Romero, Manuel) (Entered: 01/15/2021)
2021-01-2275STATUS REPORT Defendant CBP's January 22, 2021 Status Report Pursuant to January 12, 2021 Memorandum Opinion and Order by U.S. Customs and Border Proctection. (Attachments: # 1 Exhibit 1)(Romero, Manuel) (Entered: 01/22/2021)
2021-01-2576Proposed Scheduling Order Plaintiff's Partially Opposed Motion for Entry of Proposed Second Amended Scheduling Order by Robert Moore. (Benoit, Christopher) (Entered: 01/25/2021)
2021-01-2577Opposed MOTION for Entry of Proposed Order Setting Finite Production Schedule for Defendant Customs and Border Protection by Robert Moore. (Benoit, Christopher) (Entered: 01/25/2021)
2021-01-2578Opposed MOTION to Extend Scheduling Order Deadlines Defendant's CBP's Opposed Motion for Extension to File Joint Proposed Finite Production Schedule and Joint Proposed Second Amended Schedulintg Order by U.S. Customs and Border Proctection. (Romero, Manuel) (Entered: 01/25/2021)
2021-01-2679RESPONSE to Motion, filed by U.S. Customs and Border Proctection, re 26 MOTION for Judgment on the Pleadings filed by Plaintiff Robert Moore (Romero, Manuel) (Entered: 01/26/2021)
2021-01-2680Opposed MOTION to Extend Scheduling Order Deadlines Defendant CBP's Opposed Amended Motion for Extension to File Joint Proposed Finite Production Schedule and Joint Proposed Second Amended Scheduling Order by U.S. Customs and Border Proctection. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Romero, Manuel) (Entered: 01/26/2021)
2021-01-2981STATUS REPORT Defendant CBP's January 29, 2021 Status Report Pursuant to January 12, 2021 Memorandum Opinion and Order by U.S. Customs and Border Proctection. (Attachments: # 1 Exhibit A)(Romero, Manuel) (Entered: 01/29/2021)
2021-01-2982STATUS REPORT Defendants ICE and HHS' Status Report for February 1, 2021 by U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A)(Romero, Manuel) (Entered: 01/29/2021)
2021-02-0183RESPONSE to Motion, filed by Robert Moore, re 80 Opposed MOTION to Extend Scheduling Order Deadlines Defendant CBP's Opposed Amended Motion for Extension to File Joint Proposed Finite Production Schedule and Joint Proposed Second Amended Scheduling Order filed by Defendant U.S. Customs and Border Proctection (Coyle, Lynn) (Entered: 02/01/2021)
2021-02-0284REPLY to Response to Motion, filed by Robert Moore, re 26 MOTION for Judgment on the Pleadings filed by Plaintiff Robert Moore (Benoit, Christopher) (Entered: 02/02/2021)
2021-02-0585MEMORANDUM ORDER denying re 80 Motion to Extend Scheduling Order Deadlines, filed by U.S. Customs and Border Proctection, denying 77 Motion for Miscellaneous Relief filed by Robert Moore, denying 78 Motion to Extend Scheduling Order Deadlines, filed by U.S. Customs and Border Protection. Further directives incorporated in this Order. Signed by Judge David C Guaderrama. (em) (Entered: 02/05/2021)
2021-02-0586SECOND AMENDED SCHEDULING ORDER: Bench Trial set for 6/28/2021 09:00 AM before Judge David C Guaderrama, Pretrial Conference set for 6/24/2021 02:00 PM before Judge David C Guaderrama. Further directives incorporated in this Order. Signed by Judge David C Guaderrama. (em) (Entered: 02/05/2021)
2021-02-0587STATUS REPORT Defendant CBP's February 5, 2021 Status Report Pursuant to January 12, 2021 Memorandum Opinion and Order by U.S. Customs and Border Proctection. (Attachments: # 1 Exhibit A)(Romero, Manuel) (Entered: 02/05/2021)
2021-02-1288STATUS REPORT by U.S. Customs and Border Proctection. (Attachments: # 1 Exhibit A-Declaration by Howard)(Romero, Manuel) (Entered: 02/12/2021)
2021-02-1989STATUS REPORT by U.S. Customs and Border Proctection. (Attachments: # 1 Exhibit A - Declaration by Howard)(Romero, Manuel) (Entered: 02/19/2021)
2021-02-2390OMNIBUS ORDER VACATING MARCH 2021 DOCKET CALLS IN CIVIL CASES. Signed by Judge David C Guaderrama. (em) (Entered: 02/23/2021)
2021-02-2491ORDERRESETTING EVIDENTIARY HEARING; IT IS ORDERED that the currently scheduled evidentiary hearing on Tuesday, March 2, 2021, at 9:00 a.m. MST, is VACATED, ( Evidentiary Hearing reset for 4/6/2021 09:00 AM VIA ZOOM before Judge David C Guaderrama,). Signed by Judge David C Guaderrama. (em) (Entered: 02/24/2021)
2021-02-2692STATUS REPORT of February 26, 2021 by U.S. Customs and Border Proctection. (Attachments: # 1 Exhibit A Declaration)(Romero, Manuel) (Entered: 02/26/2021)
2021-03-0293STATUS REPORT Joint Status Report for March 2, 2021 by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement. (Romero, Manuel) (Entered: 03/02/2021)
2021-03-0594STATUS REPORT of March 5, 2021 by U.S. Customs and Border Proctection. (Attachments: # 1 Exhibit A Declaration)(Romero, Manuel) (Entered: 03/05/2021)
2021-03-1295STATUS REPORT Defendant CBP's March 12, 2021 Status Report Pursuant to January 12, 2021 Memorandum Opinion and Order by U.S. Customs and Border Proctection. (Attachments: # 1 Exhibit A)(Romero, Manuel) (Entered: 03/12/2021)
2021-03-1296Unopposed MOTION for Extension of Time to File Defendant CBP's March 19, 2021 Status Report Deadline by U.S. Customs and Border Proctection. (Romero, Manuel) (Entered: 03/12/2021)
2021-03-15Text Order GRANTING 96 Unopposed Motion for Extension of Time to File entered by Judge David C Guaderrama. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pc) (Entered: 03/15/2021)
2021-03-2297STATUS REPORT Defendant CBP's March 19, 2021 Status Report Pursuant to January 12, 2021 Memorandum Opinion and Order by U.S. Customs and Border Proctection. (Attachments: # 1 Exhibit A)(Romero, Manuel) (Entered: 03/22/2021)
2021-03-2698STATUS REPORT Defendant CBP's March 26, 2021 Status Report Pursuant to January 12, 2021 Memorandum Opinion and Order by U.S. Customs and Border Proctection. (Attachments: # 1 Exhibit A)(Romero, Manuel) (Entered: 03/26/2021)
2021-04-0199Joint MOTION for Hearing Joint Motion to Continue Evidentiary Hearing by U.S. Customs and Border Proctection. (Romero, Manuel) (Entered: 04/01/2021)
2021-04-01100ORDER RESETTING EVIDENTIARY HEARING; currently scheduled evidentiary hearing onTuesday, April 6, 2021, at 9:00 a.m. MDT, is VACATED; ( Evidentiary Hearing reset for 5/4/2021 09:00 AM MDT via Zoom before Judge David C Guaderrama,). Signed by Judge David C Guaderrama. (em) (Entered: 04/01/2021)
2021-04-05101STATUS REPORT Defendant CBP's April 2, 2021 Status Report Pursuant to January 12, 2021 Memorandum Opinion and Order by U.S. Customs and Border Proctection. (Attachments: # 1 Exhibit A)(Romero, Manuel) (Entered: 04/05/2021)
2021-04-09102STATUS REPORT Defendant CBP's April 9, 2021 Status Report Pursuant to January 12, 2021 Memorandum Opinion and Order by U.S. Customs and Border Proctection. (Attachments: # 1 Exhibit A)(Romero, Manuel) (Entered: 04/09/2021)
2021-04-16103STATUS REPORT of April 16, 2021 by U.S. Customs and Border Proctection. (Attachments: # 1 Exhibit A - Declaration of Patrick Howard)(Romero, Manuel) (Entered: 04/16/2021)
2021-04-23104STATUS REPORT Defendant CBP's April 23, 2021 Status Report Pursuant to January 12, 2021 Memorandum Opinion and Order by U.S. Customs and Border Proctection. (Attachments: # 1 Exhibit A)(Romero, Manuel) (Entered: 04/23/2021)
2021-04-30105STATUS REPORT of April 30, 2021 by U.S. Customs and Border Proctection. (Attachments: # 1 Exhibit A - Declaration of Patrick Howard)(Romero, Manuel) (Entered: 04/30/2021)
2021-05-03106ORDER RESETTING EVIDENTIARY HEARING; IT IS ORDERED that the currently scheduled evidentiary hearing on Tuesday, May 4, 2021, at 9:00 a.m. MDT, is VACATED. An order setting the next evidentiary hearing is forthcoming. Signed by Judge David C Guaderrama. (em) (Entered: 05/03/2021)
2021-05-07107STATUS REPORT Defendant CBP's May 7, 2021 Status Report Pursuant to January 12, 2021 Memorandum Opinion and Order by U.S. Customs and Border Proctection. (Attachments: # 1 Exhibit A)(Romero, Manuel) (Entered: 05/07/2021)
2021-05-14108STATUS REPORT of May 14, 2021 by U.S. Customs and Border Proctection. (Attachments: # 1 Exhibit A - Declaration of Patrick Howard)(Romero, Manuel) (Entered: 05/14/2021)
2021-05-21109STATUS REPORT Defendant CBP's May 21, 2021 Status Report Pursuant to January 12, 2021 Memorandum Opinion and Order by U.S. Customs and Border Proctection. (Attachments: # 1 Exhibit A)(Romero, Manuel) (Entered: 05/21/2021)
2021-05-28110OMNIBUS ORDER RESETTING JUNE 2021 DOCKET CALLS IN CIVIL CASES. Signed by Judge David C Guaderrama. (em) (Entered: 05/28/2021)
2021-05-28111STATUS REPORT of May 28, 2021 by U.S. Customs and Border Proctection. (Attachments: # 1 Exhibit A - Declaration of Patrick Howard)(Romero, Manuel) (Entered: 05/28/2021)
2021-06-02112STATUS REPORT Joint by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement. (Romero, Manuel) (Entered: 06/02/2021)
2021-06-03113Pretrial Disclosures Parties' Local Rule 16(e) Pre-Trial Filings by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement. (Romero, Manuel) (Entered: 06/03/2021)
2021-06-04114STATUS REPORT June 4, 2021 by U.S. Customs and Border Proctection. (Attachments: # 1 Exhibit A)(Romero, Manuel) (Entered: 06/04/2021)
2021-06-09115Minute Entry for proceedings held before Judge David C Guaderrama: Docket Call held on 6/9/2021. (Minute entry documents are not available electronically.). (Court Reporter Kathleen Supnet.)(em) (Entered: 06/10/2021)
2021-06-11116STATUS REPORT of June 11, 2021 by U.S. Customs and Border Proctection. (Attachments: # 1 Exhibit A)(Romero, Manuel) (Entered: 06/11/2021)
2021-06-17117ORDER Vacating and Cancelling Deadlines; IT IS ORDERED that the currently set pretrial conference and trial settings on June 24, 2021, and June 28, 2021, respectively, are HEREBY VACATED. The order setting the pretrial conference and bench trial at later dates is forthcoming. Signed by Judge David C Guaderrama. (em) (Entered: 06/17/2021)
2021-06-21118STATUS REPORT of June 21, 2021 by U.S. Customs and Border Proctection. (Attachments: # 1 Exhibit A)(Romero, Manuel) (Entered: 06/21/2021)
2021-07-01119ORDER, ( Bench Trial set for 11/23/2021 09:00 AM before Judge David C Guaderrama,, Pretrial Conference set for 11/18/2021 02:00 PM before Judge David C Guaderrama,). Signed by Judge David C Guaderrama. (em) (Entered: 07/01/2021)
2021-07-08120Joint MOTION to Continue /Reset Bench Trial by Robert Moore. (Attachments: # 1 Proposed Order)(Coyle, Lynn) (Entered: 07/08/2021)
2021-07-09121ORDER GRANTING 120 Motion to Continue Bench Trial reset for 9/15/2021 01:00 PM before Judge David C Guaderrama, Signed by Judge David C Guaderrama. (mc4) (Entered: 07/09/2021)
2021-07-28122ORDER DENYING WITHOUT PREJUDICE 26 Motion for Judgment on the Pleadings Signed by Judge David C Guaderrama. (mg2) (Entered: 07/28/2021)
2021-08-19123OMNIBUS ORDER RESETTING SEPTEMBER 2021 DOCKET CALLS IN CIVIL CASES. Signed by Judge David C Guaderrama. (mc4) (Entered: 08/19/2021)
2021-08-31124STATUS REPORT Joint by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement. (Romero, Manuel) (Entered: 08/31/2021)
2021-09-01125NOTICE of Filing Parties' Amended Local Rule 16(e) Pre-Trial Filings by U.S. Customs and Border Proctection (Romero, Manuel) (Entered: 09/01/2021)
2021-09-01126Proposed Findings of Fact by U.S. Customs and Border Proctection. (Romero, Manuel) (Entered: 09/01/2021)
2021-09-01127Proposed Findings of Fact by Robert Moore. (Coyle, Lynn) (Entered: 09/01/2021)
2021-09-13128NOTICE of Filing Parties' Second Amended Local Rule 16(e) Pre-Trial Fiilngs by U.S. Customs and Border Proctection (Romero, Manuel) (Entered: 09/13/2021)
2021-09-14129NOTICE to the Court by U.S. Customs and Border Proctection (Romero, Manuel) (Entered: 09/14/2021)
2021-09-14130ORDER VACATING Bench Trial Setting. Signed by Judge David C Guaderrama. (mc4) (Entered: 09/14/2021)
2021-09-28131NOTICE to the Court by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement (Romero, Manuel) (Entered: 09/28/2021)
2021-10-05132ORDER VACATING DOCKET CALLS.. Signed by Judge David C Guaderrama. (em) (Entered: 10/05/2021)
2021-10-08133Joint MOTION to Retain Case by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement. (Romero, Manuel) (Entered: 10/08/2021)
2021-10-12134ORDER GRANTING 133 Joint Motion to Retain Case. IT IS FURTHER ORDERED that the parties shall either FILE dismissal papers by December 13, 2021 or NOTIFY the Court, prior to the December 13, 2021 deadline, if they will parties require additional time. Signed by Judge David C Guaderrama. (mg2) (Entered: 10/12/2021)
2021-11-17135SETTLEMENT AGREEMENT Stipulated Fee and Cost by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement. (Romero, Manuel) (Entered: 11/17/2021)
2021-11-18136ORDER ratifying Settlement Agreement; IT IS THEREFORE ORDERED that the parties shall either FILE dismissal papers by December 13, 2021 or NOTIFY the Court, prior to the December 13, 2021 deadline, if they will need additional time. Signed by Judge David C Guaderrama. (em) (Entered: 11/18/2021)
2021-12-10137Unopposed MOTION for Extension of Time to File DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO SUBMIT DISMISSAL DOCUMENTS by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement. (Romero, Manuel) (Entered: 12/10/2021)
2021-12-13138ORDER GRANTING 137 Motion for Extension of Time to Submit Dismissal Documents to 12/17/21. Signed by Judge David C Guaderrama. (mc4) (Entered: 12/13/2021)
2021-12-15139STIPULATION of Dismissal Joint by U.S. Customs and Border Proctection, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement. (Romero, Manuel) (Entered: 12/15/2021)
2021-12-16140ORDER DISMISSING CASE with Prejudice. Signed by Judge David C Guaderrama. (mc4) (Entered: 12/16/2021)
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