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Case TitleLEWIS v. U.S. CUSTOMS AND BORDER PROTECTION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv03372
Date Filed2020-11-20
Date Closed2023-05-31
JudgeJudge Beryl A. Howell
PlaintiffPENNEY LEWIS
Case DescriptionPenney Lewis submitted a FOIA request to U.S. Customs and Border Protection for records about herself. Lewis was the Branch Chief of the Office of Professional Responsibility at CBP when a subordinate accused her of creating a hostile work environment. Although the subordinate's EEO complaint was not substantiated, Lewis claimed the agency continued to harass her, even after she took a job at another agency. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Lewis 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
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-11-201COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against U.S. CUSTOMS AND BORDER PROTECTION ( Filing fee $ 400 receipt number ADCDC-7861449) filed by PENNEY LEWIS. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Summons, # 5 Summons, # 6 Summons)(Byrnes, Kevin) (Entered: 11/20/2020)
2020-11-20Case Assigned to Chief Judge Beryl A. Howell. (adh, ) (Entered: 11/20/2020)
2020-11-202SUMMONS (3) Issued Electronically as to U.S. CUSTOMS AND BORDER PROTECTION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 11/20/2020)
2020-11-243STANDING ORDER. Signed by Chief Judge Beryl A. Howell on November 24, 2020. (lcbah1) (Entered: 11/24/2020)
2020-11-304RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General November 28, 2020. (Attachments: # 1 Exhibit)(Byrnes, Kevin) (Entered: 11/30/2020)
2020-11-305RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/28/2020. Answer due for ALL FEDERAL DEFENDANTS by 12/28/2020. (Attachments: # 1 Exhibit)(Byrnes, Kevin) (Entered: 11/30/2020)
2020-11-306RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 11/24/2020 (Attachments: # 1 Exhibit)(Byrnes, Kevin) (Entered: 11/30/2020)
2020-12-287MOTION for Extension of Time to File Answer or Otherwise Respond by U.S. CUSTOMS AND BORDER PROTECTION (Moustakas, John) (Entered: 12/28/2020)
2020-12-298NOTICE of Plaintiff's Consent to Motion to Enlarge Time to Respond by U.S. CUSTOMS AND BORDER PROTECTION (Moustakas, John) (Entered: 12/29/2020)
2020-12-30MINUTE ORDER (paperless) granting defendant's 7 Motion for Enlargement of Time to Respond and DIRECTING defendant to answer or otherwise respond to plaintiff's 1 Complaint by February 11, 2021. Signed by Chief Judge Beryl A. Howell on December 30, 2020. (lcbah1) (Entered: 12/30/2020)
2020-12-30Set/Reset Deadlines: Answer to the Complaint due by 2/11/2021. (ztg) (Entered: 12/30/2020)
2021-02-119ANSWER to Complaint by U.S. CUSTOMS AND BORDER PROTECTION.(Moustakas, John) (Entered: 02/11/2021)
2021-04-05MINUTE ORDER (paperless) DIRECTING the parties to submit, by April 9, 2021, a Joint Meet and Confer Report, which was due but not timely filed by March 15, 2021. See 3 Standing Order at 2. Signed by Chief Judge Beryl A. Howell on April 5, 2021. (lcbah1) (Entered: 04/05/2021)
2021-04-0810Joint MEET AND CONFER STATEMENT by U.S. CUSTOMS AND BORDER PROTECTION. (Moustakas, John) Modified docket event/text on 4/8/2021 (eg). (Entered: 04/08/2021)
2021-04-08MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 10 Joint Meet and Confer Report, the parties to submit a joint status report by June 8, 2021. Signed by Chief Judge Beryl A. Howell on April 8, 2021. (lcbah1) (Entered: 04/08/2021)
2021-04-09Set/Reset Deadlines: Joint Status Report due by 6/8/2021. (ztg) (Entered: 04/09/2021)
2021-06-0811Joint STATUS REPORT by PENNEY LEWIS. (Attachments: # 1 Text of Proposed Order)(Byrnes, Kevin) (Entered: 06/08/2021)
2021-06-10MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 11 Joint Status Report, the parties to submit a joint status report by August 9, 2021. Signed by Chief Judge Beryl A. Howell on June 10, 2021. (lcbah1) (Entered: 06/10/2021)
2021-06-11Set/Reset Deadlines: Joint Status Report due by 8/9/2021. (ztg) (Entered: 06/11/2021)
2021-08-0912Joint STATUS REPORT by PENNEY LEWIS. (Byrnes, Kevin) (Entered: 08/09/2021)
2021-08-10MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 12 Joint Status Report, the parties to submit a joint status report by October 1, 2021. Signed by Chief Judge Beryl A. Howell on August 10, 2021.(lcbah1) (Entered: 08/10/2021)
2021-08-10Set/Reset Deadlines: Joint Status Report due by 10/1/2021. (ztg) (Entered: 08/10/2021)
2021-10-0513STATUS REPORT by PENNEY LEWIS. (Byrnes, Kevin) (Entered: 10/05/2021)
2021-10-05MINUTE ORDER (paperless) DIRECTING, upon consideration of plaintiff's 13 Status Report, the parties to submit a joint status report by November 29, 2021. Signed by Chief Judge Beryl A. Howell on October 5, 2021. (lcbah1) (Entered: 10/05/2021)
2021-10-05Set/Reset Deadlines: Joint Status Report due by 11/29/2021. (hmc) (Entered: 10/05/2021)
2021-11-3014Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Moustakas, John) (Entered: 11/30/2021)
2021-11-30MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 14 Joint Status Report, the parties to file, by January 12, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on November 30, 2021. (lcbah1) (Entered: 11/30/2021)
2021-11-30Set/Reset Deadlines: Joint Status Report due by 1/12/2022. (ztg) (Entered: 11/30/2021)
2022-01-1215Joint STATUS REPORT by PENNEY LEWIS. (Byrnes, Kevin) (Entered: 01/12/2022)
2022-01-13MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 15 Joint Status Report, the parties to file, by March 14, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on January 13, 2022. (lcbah1) (Entered: 01/13/2022)
2022-01-13Set/Reset Deadlines: Joint Status Report due by 3/14/2022. (hmc) (Entered: 01/13/2022)
2022-01-14Set/Reset Deadlines: Joint Status Report due by 3/14/2022. (ztg) (Entered: 01/14/2022)
2022-03-1516STATUS REPORT Plaintiff's Status Report by PENNEY LEWIS. (Byrnes, Kevin) (Entered: 03/15/2022)
2022-03-16MINUTE ORDER (paperless) DIRECTING, upon consideration of the plaintiff's 16 Status Report, the parties to file, by May 13, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on March 16, 2022. (lcbah1) (Entered: 03/16/2022)
2022-03-17Set/Reset Deadlines: Joint Status Report due by 5/13/2022. (ztg) (Entered: 03/17/2022)
2022-05-1317Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Moustakas, John) (Entered: 05/13/2022)
2022-05-16MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 17 Joint Status Report, the parties to file, by August 11, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on May 16, 2022. (lcbah1) (Entered: 05/16/2022)
2022-05-17Set/Reset Deadlines: Joint Status Report due by 8/11/2022. (ztg) (Entered: 05/17/2022)
2022-08-1118Joint STATUS REPORT by PENNEY LEWIS. (Byrnes, Kevin) (Entered: 08/11/2022)
2022-08-12MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 18 Joint Status Report, the parties to file, by September 26, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on August 12, 2022. (lcbah1) (Entered: 08/12/2022)
2022-08-12Set/Reset Deadlines: Joint Status Report due by 9/26/2022. (ztg) (Entered: 08/12/2022)
2022-09-2619Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Moustakas, John) (Entered: 09/26/2022)
2022-09-27MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 19 Joint Status Report, the parties to file, by December 2, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on September 27, 2022. (lcbah1) (Entered: 09/27/2022)
2022-09-28Set/Reset Deadlines: Joint Status Report due by 12/2/2022. (ztg) (Entered: 09/28/2022)
2022-12-0220Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Moustakas, John) (Entered: 12/02/2022)
2022-12-05MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 20 Joint Status Report, the parties to file, by January 31, 2023, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule to govern further proceedings, unless a stipulation of dismissal is filed prior to that date. Signed by Chief Judge Beryl A. Howell on December 5, 2022. (lcbah1) (Entered: 12/05/2022)
2022-12-06Set/Reset Deadlines: Joint Status Report due by 1/31/2023. (ztg) (Entered: 12/06/2022)
2023-02-09MINUTE ORDER (paperless) DIRECTING plaintiff to SHOW CAUSE, by February 23, 2023, why this case should not be dismissed for failure to prosecute pursuant to Local Civil Rule 83.23. The parties have yet to file either their next Joint Status Report or a notice of voluntary dismissal, which they were directed to have done by January 31, 2023, see Minute Order (Dec. 5, 2022), and plaintiff has taken no other action in this case. Signed by Chief Judge Beryl A. Howell on February 9, 2023. (lcbah1) (Entered: 02/09/2023)
2023-02-13Set/Reset Deadlines: Response to Show Cause due by 2/23/2023. (ztg) (Entered: 02/13/2023)
2023-02-1621RESPONSE TO ORDER OF THE COURT re Order, Directing Plaintiff to Show Cause filed by PENNEY LEWIS. (Byrnes, Kevin) (Entered: 02/16/2023)
2023-02-1622Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Moustakas, John) (Entered: 02/16/2023)
2023-02-21MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 22 Joint Status Report, the parties to file a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule to govern further proceedings, by the sooner of (a) 30 days from either partys communication to the other that settlement negotiations are at an impasse, or (b) May 31, 2023, unless a stipulation of dismissal is filed prior to that date. Signed by Chief Judge Beryl A. Howell on February 21, 2023. (lcbah1) (Entered: 02/21/2023)
2023-02-22Set/Reset Deadlines: Joint Status Report due by the sooner of (a) 30 days from either partys communication to the other that settlement negotiations are at an impasse, or (b) May 31, 2023, unless a stipulation of dismissal is filed prior to that date. (ztg) (Entered: 02/22/2023)
2023-05-3023STIPULATION of Dismissal by PENNEY LEWIS. (Byrnes, Kevin) (Entered: 05/30/2023)
2023-05-30MINUTE ORDER (paperless) DISMISSING this matter, with prejudice, pursuant to the parties' 23 Joint Stipulation of Dismissal and Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court is directed to close this case. Signed by Judge Beryl A. Howell on May 30, 2023. (lcbah1) (Entered: 05/30/2023)
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