Case Detail

FOIA Project Annotation: The Creating Law Enforcement Accountability and Responsibility Project at City University of New York School of Law (CLEAR), along with the ACLU, have forced U.S. Customs and Border Protection to disclose records about the agency's Tactical Terrorism Response Team. CLEAR submitted its FOIA request in November 2019 for ten categories of records concerning the policies and conduct of TTTRTs, whose personnel are trained in counterterrorism response and examine travelers identified within the U.S. Government's Terrorist Screening Database and others who arrive at ports of entry into the United States. CLEAR sought records addressing formal and informal TTRT guidance, including how TTRTs target travelers for interviews or inspection; TTRT training and course materials; formal and informal reports and other assessments of TTRT effectiveness; and data related to individuals whom TTRTs targeted for interview or inspections, denied entry, or nominated to a watchlist since 2017. The agency located 1,726 pages of responsive records. It disclosed 875 pages in full or in part and withheld 851 pages â€" 32 documents â€" in full, under Exemption 3 (other statutes), Exemption 5 (privileges), Exemption 6 (invasion of privacy), Exemption 7 (C) (invasion of privacy concerning law enforcement records, and Exemption 7(E) (investigative methods or techniques). CLEAR challenged only the exemption claims under Exemption 3, Exemption 5, and Exemption 7(E), consisting of 29 documents. U.S. Magistrate Judge Ramon Reyes reviewed a representative sampling of documents, consisting of 170 pages withheld in full and 18 pages withheld in part, approximately 20 percent of fully withheld documents, and two percent of partially withheld documents. Reyes found that CBP had not adequately substantiated its exemption claims. He indicated that "neither the categorical descriptions nor the boilerplate justifications in CBP's declaration and Vaughn index provide the reasonable specificity that the Court needs to engage in effective review." He explained that CBP's Vaughn index, "instead describes five broad categories of information that it withheld across all documents: (1) codes and functionalities of CBP systems; (2) training materials for users of CBP systems; (3) email addresses of group listserves; (4) law enforcement methods for inspecting travelers at ports of entry; and (5) information related to targeting. Although the declaration notes that 'a large number' of the fully withheld documents fall into the fourth and fifth categories, it does not link any of the five categories to the specific records that CBP withheld." Reyes noted that "the Vaughn index does not refer to the five categories at all, and instead 'merely repeats the language of the exemption and uses a string of generic words to describe a document.'" He observed that "these generalized descriptions undermine Plaintiffs' ability to meaningfully challenge the withholdings of any specific records. . ." Reyes noted that "CBP's Vaughn index and declaration likewise resort to categorical and boilerplate justifications for withholding information, falling short of the specificity required to explain how asserted exemptions apply to specific withholdings. For example, although the documents in dispute vary widely â€" ranging from a one-page map to a 377-page Enhanced Communications Course â€" the Vaughn index used the same categorical and catch-all justification, copy and pasted, for nearly every document CBP withheld in full." He noted that "these entries lack the particularized analysis needed to allow Plaintiffs and the Court to intelligently and meaningfully weigh the propriety of claimed exemptions." Reyes indicated that CBP had failed to show that it had properly supported its exemption claims under Exemption 3 and Exemption 7(E). As to the claim of intelligence sources and methods based on Exemption 3, Reyes observed that "the mere fact of originating with or being used by an intelligence agency is not enough to establish that the content relates to an intelligence source or method. CBP has not provided the necessary detail to describe the type of information withheld or how these tools, which are also discussed in unredacted portions of the same document, constitutes a source or method." Turning to the agency's Exemption 7(E) claims, Reyes agreed with the agency that the records related to law enforcement methods and techniques. However, he faulted the agency for failing to explain why other portions of the records contained disclosable information. Discussing a variety of records that seemed to contain non-exempt information, Reyes indicated that in a 57-page slide presentation, "most slides relate to how CBP addresses various threats, and several slides include detailed summaries of inspections with identifying information, all of which fall within Exemption 7(E). However, almost one third of the presentation consists of factual information about religious and associated cultural practices that would not reveal law enforcement techniques, procedures, or guidelines." He pointed out that "all of these documents reviewed in camera contain some information that was properly withheld under Exemption 7(E). However these documents also appear to include non-exempt information, at least some of which appears reasonably segregable." Reyes also found CBP failed to release segregable information. He noted that "rather than accept CBP's invitation to engage in further in camera ex parte reviews, the Court reserves judgment on segregability and directs CBP to release all non-exempt and segregable information that has not yet been disclosed and produce a detailed justification for the decision that any non-exempt information is not segregable."
Issues: Litigation - Vaughn index

Date Filed	Doc #	Docket Text
2019-12-18	1	COMPLAINT against U.S. Customs and Border Protection filing fee $ 400, receipt number ANYEDC-12169447 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by CLEAR, American Civil Liberties Union Foundation, American Civil Liberties Union. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Proposed Summons) (Kim, Scarlet) (Entered: 12/18/2019)
2019-12-20		Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) (Entered: 12/20/2019)
2019-12-20	2	Civil Cover Sheet.. Re 1 Complaint, by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR (Kim, Scarlet) (Entered: 12/20/2019)
2019-12-20		Case assigned to Judge I. Leo Glasser and Magistrate Judge Ramon E. Reyes, Jr. Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) (Entered: 12/26/2019)
2019-12-20	3	Summons Issued as to U.S. Customs and Border Protection, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) (Entered: 12/26/2019)
2019-12-26	4	In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 12/26/2019)
2019-12-26	5	This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 12/26/2019)
2020-01-09	6	SUMMONS Returned Executed by CLEAR, American Civil Liberties Union Foundation, American Civil Liberties Union. U.S. Customs and Border Protection served on 1/9/2020, answer due 3/9/2020. (Kim, Scarlet) (Entered: 01/09/2020)
2020-01-29		Case Reassigned to Judge Eric R. Komitee. Judge I. Leo Glasser no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) (Entered: 01/29/2020)
2020-02-04	7	NOTICE of Appearance by Farzin Franklin Amanat on behalf of All Defendants (aty to be noticed) (Amanat, Farzin) (Entered: 02/04/2020)
2020-02-04	8	MOTION for Extension of Time to File Answer re 1 Complaint, seeking an extension of 30 days, from 2/12/20 to 3/13/20, for the Government to answer or otherwise move in response to the complaint in this FOIA action. Respectfully submitted by U.S. Customs and Border Protection. (Amanat, Farzin) (Entered: 02/04/2020)
2020-02-04	9	RESPONSE in Opposition re 8 MOTION for Extension of Time to File Answer re 1 Complaint, seeking an extension of 30 days, from 2/12/20 to 3/13/20, for the Government to answer or otherwise move in response to the complaint in this FOIA action. Respectfully submitted by CLEAR, American Civil Liberties Union Foundation, American Civil Liberties Union filed by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR. (Kim, Scarlet) (Entered: 02/04/2020)
2020-02-05		ORDER granting 8 Motion for Extension of Time to Answer U.S. Customs and Border Protection answer due 3/13/2020. NO FURTHER EXTENSIONS WILL BE PERMITTED. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/5/2020. (Reyes, Ramon) (Entered: 02/05/2020)
2020-02-05	10	NOTICE of Appearance by Robert Hodgson on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR (aty to be noticed) (Hodgson, Robert) (Entered: 02/05/2020)
2020-02-05	11	NOTICE of Appearance by Christopher T Dunn on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR (aty to be noticed) (Dunn, Christopher) (Entered: 02/05/2020)
2020-03-13	12	ANSWER to 1 Complaint, by U.S. Customs and Border Protection. (Amanat, Farzin) (Entered: 03/13/2020)
2020-03-23	13	SCHEDULING ORDER: Telephone Initial Conference set for 4/14/2020 at 2:00 PM before Magistrate Judge Ramon E. Reyes, Jr. The attorneys are directed to use the Toll-free number 1-888-684-8852 and Access Code 5496961# to participate in the scheduled telephone conference. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. (See attached blank document) Case Management Statement must be completed and filed on ECF no later than 4/9/2020. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/23/2020. (Vertus, Miriam) (Entered: 03/23/2020)
2020-04-06	14	CASE MANAGEMENT STATEMENT filed by U.S. Customs and Border Protection, STATUS REPORT by U.S. Customs and Border Protection (Amanat, Farzin) (Entered: 04/06/2020)
2020-04-08	15	CASE MANAGEMENT STATEMENT filed by CLEAR, American Civil Liberties Union Foundation, American Civil Liberties Union (Kim, Scarlet) (Entered: 04/08/2020)
2020-04-14		Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.:Telephone Initial Conference held on 4/14/2020. Appearances: Scarlet Kim, Esq. and Patrick Toomey for Plaintiffs; AUSA Frank Amanat, Esq. for Defendant. Discussions held. The parties are directed to file an agreed-upon production schedule along the lines discussed by 4/17/2020. (AT&T #2:00:00-2:30:00) (Meyer, Elise) (Entered: 04/14/2020)
2020-04-15	16	NOTICE of Appearance by Patrick Christopher Toomey on behalf of All Plaintiffs (aty to be noticed) (Toomey, Patrick) (Entered: 04/15/2020)
2020-04-16	17	CASE MANAGEMENT STATEMENT (Joint) filed by CLEAR, American Civil Liberties Union Foundation, American Civil Liberties Union (Kim, Scarlet) (Entered: 04/16/2020)
2020-04-20		SCHEDULING ORDER: granting re 17 Case Management Statement: The following schedule for the search, processing, and production of remaining records responsive to Plaintiffs' FOIA request: By May 29, 2020, CBP will complete its processing and production of the 400 to 500 pages it has already located.; By July 31, 2020, CBP will complete its search, processing, and production of all remaining records responsive to Plaintiffs FOIA request;By August 15, 2020, CBP will produce to Plaintiffs a Vaughn index identifying or describing the records it has withheld in full.; a joint status report updating the Court on CBP's search, processing, and production of responsive records by June 19, 2020.; joint status report following the completion of production updating the Court on how they intend to proceed by September 1, 2020. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/20/2020. (Vertus, Miriam) (Entered: 04/20/2020)
2020-05-19	18	TRANSCRIPT of Proceedings held on April 14, 2020, before Judge Reyes. Court Reporter/Transcriber Fiore Reporting and Transcription Service, Inc., Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 6/9/2020. Redacted Transcript Deadline set for 6/19/2020. Release of Transcript Restriction set for 8/17/2020. (Hong, Loan) (Entered: 05/19/2020)
2020-06-19	19	STATUS REPORT (Joint) by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR (Kim, Scarlet) (Entered: 06/19/2020)
2020-07-14	20	NOTICE of Appearance by Kathleen Anne Mahoney on behalf of U.S. Customs and Border Protection (aty to be noticed) (Mahoney, Kathleen) (Entered: 07/14/2020)
2020-07-15	21	MOTION to Withdraw as Attorney by U.S. Customs and Border Protection. (Amanat, Farzin) (Entered: 07/15/2020)
2020-07-15		ORDER granting 21 Motion to Withdraw as Attorney. Attorney Farzin Franklin Amanat terminated. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/15/2020. (Vertus, Miriam) (Entered: 07/15/2020)
2020-07-29	22	Letter MOTION for Extension of Time to File /complete production of records by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 07/29/2020)
2020-08-05		ORDER granting 22 Motion for Extension of Time to complete production of records. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/5/2020. (Vertus, Miriam) (Entered: 08/05/2020)
2020-08-28	23	CONSENT to Jurisdiction by US Magistrate Judge by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 08/28/2020)
2020-08-31		Case no longer referred to Magistrate Judge Ramon E. Reyes, Jr. (Ramesar, Thameera) (Entered: 08/31/2020)
2020-08-31	24	CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge Ramon E. Reyes, Jr for all further proceedings. Judge Eric R. Komitee no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Ramesar, Thameera) (Entered: 08/31/2020)
2020-09-01	25	STATUS REPORT Joint status letter by U.S. Customs and Border Protection (Mahoney, Kathleen) (Entered: 09/01/2020)
2020-09-01		SCHEDULING ORDER: The parties may dispense with the pre-motion conference letter. The Court adopts the briefing schedule set out by the parties in their 25 Joint Status Letter. Defendant to its Motion for Summary Judgment by 10/16/2020. Plaintiffs to serve their cross-motion and their opposition to Defendant's motion by 11/20/2020. Defendant to serve its reply and opposition to Plaintiffs' motion by 12/18/2020. Plaintiffs to serve their reply by 1/15/2021. The parties are directed to file the fully briefed motions by 1/18/2021. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 9/1/2020. (Meyer, Elise) (Entered: 09/01/2020)
2020-10-14	26	Letter MOTION for Extension of Time to File /Serve Motion - one week on on consent - with revised proposed briefing schedule by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 10/14/2020)
2020-10-15		ORDER granting 26 Motion for Extension of Time to File Summary Judgment. Revised briefing schedule: Defendant to serve its Motion for Summary Judgment by 10/23/2020. Plaintiffs to serve their cross-motion and their opposition to Defendant's motion by 12/4/2020. Defendant to serve its reply and opposition to Plaintiffs' motion by 1/4/2021. Plaintiffs to serve their reply by 2/1/2021. The parties are directed to file the fully briefed motions by 2/2/2021. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/14/2020. (Vertus, Miriam) (Entered: 10/15/2020)
2020-10-23	27	Letter to Plaintiffs' counsel serving Defendant's motion for summary judgment (via USAfx) by U.S. Customs and Border Protection (Mahoney, Kathleen) (Entered: 10/23/2020)
2020-12-04	28	Letter to Defendant's counsel serving Plaintiffs' Cross-Motion for Summary Judgment (via email) by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR (Kim, Scarlet) (Entered: 12/04/2020)
2020-12-29	29	Letter MOTION for Extension of Time to File Response/Reply to serve Defendant's reply and opposition to cross-motion (and corresponding extension of remainder of briefing schedule) - on consent by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 12/29/2020)
2020-12-30		ORDER granting 29 Motion for Extension of Time to File Response/Reply. Reply due by 1/21/2021. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/30/2020. (Reyes, Ramon) (Entered: 12/30/2020)
2021-01-22	30	Letter to Plaintiffs' counsel serving the Memorandum of Law in Further Support of Defendant's Motion for Summary Judgment and Opposition to Plaintiffs' Cross-Motion for Summary Judgment (served 1/21/21) by U.S. Customs and Border Protection (Mahoney, Kathleen) (Entered: 01/22/2021)
2021-02-19	31	Letter to Defendant's counsel serving Plaintiffs' Reply in Support of Their Cross-Motion for Summary Judgment (via email) by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR (Kim, Scarlet) (Entered: 02/19/2021)
2021-02-21	32	MOTION for Summary Judgment by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-21	33	RULE 56.1 STATEMENT re 32 MOTION for Summary Judgment Defendant's Statement Purusant ot Local Civil Rule 56.1 filed by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-21	34	MEMORANDUM in Support re 32 MOTION for Summary Judgment Memorandum of Law in Support of Defendant's Motion for Summary Judgment filed by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-21	35	AFFIDAVIT/DECLARATION in Support re 32 MOTION for Summary Judgment Declaration of Patrick Howard and Exhibits A to D filed by U.S. Customs and Border Protection. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-21	36	AFFIDAVIT/DECLARATION in Support re 32 MOTION for Summary Judgment Declaration of Patrick Howard with Exhibits E to I filed by U.S. Customs and Border Protection. (Attachments: # 1 Exhibit E, # 2 Exhibit F, # 3 Exhibit G, # 4 Exhibit H, # 5 Exhibit I) (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-21	37	AFFIDAVIT/DECLARATION in Support re 32 MOTION for Summary Judgment Declaration of Patrick Howard with Exhibit J (Parts 1, 2, 3) filed by U.S. Customs and Border Protection. (Attachments: # 1 Exhibit J - Part 1, # 2 Exhibit J - Part 2, # 3 Exhibit J - Part 3) (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-21	38	AFFIDAVIT/DECLARATION in Support re 32 MOTION for Summary Judgment Declaration of Patrick Howard with Exhibits K and L (Part 1 and 2) filed by U.S. Customs and Border Protection. (Attachments: # 1 Exhibit K, # 2 Exhibit L - Part 1, # 3 Exhibit L - Part 2) (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-21	39	AFFIDAVIT/DECLARATION in Support re 32 MOTION for Summary Judgment Declaration of Patrick Howard with Exhibit L Parts 3 and 4 and Exhibit M filed by U.S. Customs and Border Protection. (Attachments: # 1 Exhibit L - Part 3, # 2 Exhibit L - Part 4, # 3 Exhibit M) (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-21	40	AFFIDAVIT/DECLARATION in Support re 32 MOTION for Summary Judgment Declaration of Assistant U.S. Attorney Kathleen A. Mahoney with Exhibits A and B filed by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-21	41	Cross MOTION for Summary Judgment Plaintiffs' Notice of Motion by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-21	42	RULE 56.1 STATEMENT re 32 MOTION for Summary Judgment Plaintiffs' Response to Defendant's Statement of Facts filed by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-21	43	MEMORANDUM in Support re 41 Cross MOTION for Summary Judgment Plaintiffs' Notice of Motion Memorandum of Law in Support of Plaintiffs' Cross-Motion filed by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-21	44	AFFIDAVIT/DECLARATION in Support re 41 Cross MOTION for Summary Judgment Plaintiffs' Notice of Motion Declaration of Scarlet Kim filed by U.S. Customs and Border Protection. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-21	45	REPLY in Support re 32 MOTION for Summary Judgment Memorandum of Law in Further Support of Defendant's Motion for Summary Judgment and in Opposition to Plaintiffs' Cross-Motion for Summary Judgment filed by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-21	46	REPLY in Support re 41 Cross MOTION for Summary Judgment Plaintiffs' Notice of Motion Plaintiffs' Reply in Support of their Cross-Motion for Summary Judgment filed by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-21	47	Letter to Honorable Ramon E. Reyes, Jr. requesting waiver of the requirement to provide courtesy copies and listing the documents filed comprising the parties' respective motions for summary judgment by U.S. Customs and Border Protection (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-22		ORDER granting re 47 Letter to Honorable Ramon E. Reyes, Jr. requesting waiver of the requirement to provide courtesy copies and listing the documents filed comprising the parties' respective motions for summary judgment. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/22/2021. (Vertus, Miriam) (Entered: 02/22/2021)
2021-02-22	48	Letter Requesting Oral Argument by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR (Kim, Scarlet) (Entered: 02/22/2021)
2021-02-26		SCHEDULING ORDER re 48 Letter filed by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR: Video Conference set for 4/14/2021 at 11:00 AM before Magistrate Judge Ramon E. Reyes, Jr. The attorneys are directed to appear via video using the Microsoft Teams Meeting invitation link sent to the email addresses listed on the docket and all other participates may join by phone using the Toll number: 1 917-933-2166 and Phone Conference ID: 183 053 181#. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/25/2021. (Vertus, Miriam) (Entered: 02/26/2021)
2021-04-13	49	NOTICE of Appearance by Tarek Ziad Ismail on behalf of CLEAR (aty to be noticed) (Ismail, Tarek) (Entered: 04/13/2021)
2021-04-13		SCHEDULING ORDER: Due to an unanticipated change in the Court's calendar, the April 14, 2021 oral argument is adjourned to April 26, 2021 at 10:00 AM before Magistrate Judge Ramon E. Reyes Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/13/2021. (Reyes, Ramon) Modified on 4/14/2021 (Reyes, Ramon). (Entered: 04/13/2021)
2021-04-19		NOTICE re; Video Oral Argument Hearing set for April 26, 2021 at 10:00 AM before Magistrate Judge Ramon E. Reyes, Jr. The attorneys are directed to appear via video using the Cisco Webex Meeting invitation link sent to the email addresses listed on the docket and all other participates may join by phone using the Toll number: 1-650-479-3207 and Access code: 160 234 3513. (Vertus, Miriam) (Entered: 04/19/2021)
2021-04-26		Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Video Oral Argument Motion Hearing held on 4/26/2021. Case called. Plaintiff represented by Scarlet Kim, Patrick Toomey, and Tarek Ismail. Defendants represented by AUSA Kathleen Mahoney. Discussions held on the record re 48 Letter Requesting Oral Argument on the cross-motions for summary judgment, ECF Nos. 32 and 41 . AUSA Mahoney is directed to provide a hard copy of the said documents for an in camera review by the Court. Decision reserved. (FTR Log# Cisco Webex Meeting Video 10:00 AM-10:45 AM) Contact the E.S.R., Dept., at (718) 613-2590 to order the transcript. (Vertus, Miriam) (Entered: 04/26/2021)
2021-04-29	50	Letter to Honorable Ramon E. Reyes, Jr. identifying the documents Defendant respectfully requests be reviewed in camera by U.S. Customs and Border Protection (Mahoney, Kathleen) (Entered: 04/29/2021)
2021-04-30	51	Letter to Honorable Ramon E. Reyes, Jr. identifying the documents Plaintiffs respectfully request be reviewed in camera by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR (Kim, Scarlet) (Entered: 04/30/2021)
2021-05-07	52	Letter to Honorable Ramon E. Reyes, Jr. enclosing documents for in camera review by U.S. Customs and Border Protection (Mahoney, Kathleen) (Entered: 05/07/2021)
2022-03-29	53	TRANSCRIPT of Proceedings held on April 26, 2021, before Judge Reyes. Court Reporter/Transcriber Transcriptions Plus II, Inc.. Email address: RL.Transcriptions2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 4/19/2022. Redacted Transcript Deadline set for 4/29/2022. Release of Transcript Restriction set for 6/27/2022. (Hong, Loan) (Entered: 03/29/2022)
2022-03-31		ORDER granting in part and denying in part 32 Motion for Summary Judgment; granting in part and denying in part 41 Motion for Summary Judgment. Written decision to follow. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/31/2022. (Reyes, Ramon) (Entered: 03/31/2022)
2022-11-02	54	MEMORANDUM AND ORDER re 32 & 41 Motions for Summary Judgment. For the reasons set forth herein, both parties' motions for summary judgment are granted in part and denied in part without prejudice. With respect to the adequacy of the Vaughn index and declaration, Plaintiffs' cross-motion is granted and Defendant's motion is denied. With respect to the propriety of invoking FOIA Exemptions to withhold information, Defendant's motion is granted, and Plaintiffs' motion is denied for records withheld under Exemption 7(E) and reviewed in camera , pending the release of segregable non-exempt information and submission of a segregability analysis, as detailed herein. The Court reserves judgment insofar as documents that were withheld under Exemptions 3 and 7(E) but not reviewed in camera . Lastly, with respect to whether non-exempt information was reasonably segregated and released, the Court reserves judgment. Defendant is directed to release all non-exempt and segregable information, submit an amended or supplemental Vaughn index and/or declaration that adequately establishes its Exemption 3 and 7(E) claims, and provide a reasonably specific segregability analysis. The segregabilty analysis must address all documents challenged in Plaintiffs' cross-motion, provide a detailed description of withheld information, and explain how non-exempt material is dispersed throughout each document. These must be submitted by December 16, 2022. The Court will hold a telephone conference to discuss further proceedings on December 27, 2022, at 12:00 P.M. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 11/2/2022. (BR) (Entered: 11/02/2022)
2022-11-08	55	MOTION to Adjourn Conference by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR. (Kim, Scarlet) (Entered: 11/08/2022)
2022-11-10		ORDER granting 55 Motion to Adjourn 12/27/22 Conference. Telephone Conference rescheduled for 1/5/2023 at 12:30 PM dialing 1-551-285-1373, Meeting ID: 16033432842, Passcode: 297706 to appear before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/09/2022. (MV) (Entered: 11/10/2022)
2022-12-02	56	Letter MOTION for Extension of Time to File supplemental declarations and release reprocessed documents; and for adjournment of conference. Both requests on consent. by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 12/02/2022)
2022-12-05		ORDER granting 56 Motion for Extension of Time for Defendant United States Customs and Border Protection to make the releases and supplemental filings in accordance with Your Honor's Memorandum and Order dated November 2, 2022 (ECF #54) (Order). Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/4/2022. (MV) (Entered: 12/05/2022)
2022-12-05		Set/Reset Hearings: The 1/5/2023 Telephone Conference is rescheduled for 2/7/2023 at 10:00 AM dialing 1-551-285-1373, Meeting ID: 16033432842, Passcode: 297706 to appear before Magistrate Judge Ramon E. Reyes, Jr. (MV) (Entered: 12/05/2022)
2023-01-17	57	Letter to Honorable Ramon E. Reyes, Jr. by U.S. Customs and Border Protection (Attachments: # 1 Declaration Supplemental Declaration of Patrick Howard, CBP, # 2 Declaration of Gregory M. Koch, Chief, Information Management Office, ODNI) (Mahoney, Kathleen) (Entered: 01/17/2023)
2023-01-19		ORDER re 57 Letter, filed by U.S. Customs and Border Protection: Plaintiffs are directed to respond within thirty days. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/18/2023. (MV) (Entered: 01/19/2023)
2023-02-03	58	Consent MOTION to Adjourn Conference by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR. (Kim, Scarlet) (Entered: 02/03/2023)
2023-02-03		ORDER granting 58 Motion to Adjourn Conference. Telephone Conference rescheduled for 2/21/2023 at 12:30 PM dialing 1-551-285-1373, Meeting ID: 16033432842, Passcode: 297706 to appear before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/3/2023. (MV) (Entered: 02/03/2023)
2023-02-07	59	Letter MOTION to Adjourn Conference schedule for February 21, 2023; on consent by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/07/2023)
2023-02-08		ORDER granting 59 Motion to Adjourn Conference. Telephone Conference rescheduled for 3/7/2023 at 10:30 AM dialing 1-551-285-1373, Meeting ID: 16033432842, Passcode: 297706 to appear before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/8/2023. (MV) (Entered: 02/08/2023)
2023-02-17	60	Letter to Honorable Ramon E. Reyes, Jr. by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR (Kim, Scarlet) (Entered: 02/17/2023)
2023-03-07		Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Telephone Conference held on 3/7/2023. Case called. Appearances and discussions held on the record. Parties directed to submit either a Status Report or Stipulation of Dismissal on 5/12/2023. (FTR Log #RER Webex Audio.) Contact the E.S.R., Dept., at (718) 613-2590 to order the transcript. (MV) (Entered: 03/07/2023)
2023-05-12	61	STATUS REPORT - Joint by U.S. Customs and Border Protection (Mahoney, Kathleen) (Entered: 05/12/2023)
2023-05-15		eORDER re 61 Status Report: A further status report or a proposed briefing schedule for a motion for attorneys' fees and costs in thirty-one days, i.e., by June 12, 2013. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 5/13/2023. (MV) (Entered: 05/15/2023)
2023-06-12	62	STATUS REPORT (Joint) by U.S. Customs and Border Protection (Mahoney, Kathleen) (Entered: 06/12/2023)
2023-06-13		ORDER re 62 Status Report filed by U.S. Customs and Border Protection. Further Status Report or proposed briefing schedule for a motion for attorneys' fees and costs due by 7/12/2023. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 6/13/2023. (CG) (Entered: 06/13/2023)
2023-07-12	63	STATUS REPORT by U.S. Customs and Border Protection (Mahoney, Kathleen) Modified on 7/12/2023 (MV) to add MOTION for Extension of Time to File. (Entered: 07/12/2023)
2023-07-14		ORDER granting 63 Motion for Extension of Time to File further status report or a proposed briefing schedule for a motion for attorneys' fees and costs in forty-five days, i.e., by August 25, 2023. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/13/2023. (MV) Modified on 7/14/2023 (MV). (Entered: 07/14/2023)
2023-08-25	64	Letter to Honorable Ramon E. Reyes, Jr. enclosing proposed Stipulation and Order of Dismissal and for Attorneys' Fees and Costs by U.S. Customs and Border Protection (Attachments: # 1 Proposed Order) (Mahoney, Kathleen) (Entered: 08/25/2023)
2023-08-28	65	ORDER DISMISSING CASE AND FOR ATTORNEYS' FEES AND COSTS. This action is dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1), provided that the Court shall retain jurisdiction over any issue that might arise relating to the enforcement of this Stipulation and Order. Pursuant to the FOIA, 5 U.S.C. § 552(a)(4)(E), as soon as reasonably practicable after the Court has approved and docketed this Stipulation and Order, Defendant shall pay to Plaintiffs the sum of $120,000.00 (One Hundred Twenty Thousand Dollars and No Cents) in attorneys' fees and litigation costs. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 8/28/2023. (CG) (Entered: 08/28/2023)
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