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Case TitleAbegaz v. U.S. Customs and Border Patrol
DistrictDistrict of Maryland
CityGreenbelt
Case Number8:2024cv01449
Date Filed2024-05-17
Date ClosedOpen
JudgeMagistrate Judge Gina L Simms
PlaintiffAdane Abegaz
Case DescriptionAdane Abegaz submitted a FOIA request to U.S. Customs and Border Protection for records concerning his entries and exists involving the CBP. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Abegaz filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Customs and Border Patrol
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

2024-05-171COMPLAINT against U.S. Customs and Border Patrol ( Filing fee $ 405 receipt number AMDDC-11269419.), filed by Adane Abegaz. (Attachments: # 1 Exhibit CBP's Acknowledgment of Receipt (10/04/2023), # 2 Exhibit CBP's Email Response (02/12/2024), # 3 Civil Cover Sheet, # 4 Summons)(Sandoval-Moshenberg, Simon) (Entered: 05/17/2024)
2024-05-202Summons Issued 60 days as to U.S. Customs and Border Patrol, U.S. Attorney and U.S. Attorney General. (dass, Deputy Clerk) (Entered: 05/20/2024)
2024-05-203NOTICE of Case Assignment. This case has been assigned to Magistrate Judge Gina L. Simms. Plaintiff Adane Abegaz or counsel for Adane Abegaz are required to review and comply with the Magistrate Judge Direct Assignment Procedures which can be downloaded here . Pursuant to Standing Order 2019-07, which can be downloaded here , counsel has 14 days from the date of this notice to file their consent, or decline to consent to proceed before a U.S. Magistrate Judge which can be downloaded here . To file your consent, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Consent to Proceed Before a Magistrate Judge . To file your declination, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Decline to Proceed Before a Magistrate Judge . Failure to file a consent or declination will result in issuance of an Order to Show Cause. Please review the case management order that has been issued in this case. Magistrate Election Form due by 6/3/2024. (dass, Deputy Clerk) (Entered: 05/20/2024)
2024-05-204Magistrate Judge Direct Assignment Order. Signed by Magistrate Judge Gina L Simms on 5/20/2024. (dass, Deputy Clerk) (Entered: 05/20/2024)
2024-05-225Corrected Summons Issued 60 days as to U.S. Customs and Border Patrol, U.S. Attorney and U.S. Attorney General(ybs, Deputy Clerk) (Entered: 05/22/2024)
2024-06-036Consent to Magistrate Judge (Sandoval-Moshenberg, Simon) (Entered: 06/03/2024)
2024-06-188PAPERLESS ORDER: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge Gina L. Simms conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Fourth Circuit Court of Appeals, if an appeal is filed. Signed by Magistrate Judge Gina L Simms on 6/18/2024. (jf3s, Deputy Clerk) (Entered: 06/18/2024)
2024-06-209LETTER ORDER Regarding the Filing of Motions. Signed by Magistrate Judge Gina L Simms on 6/18/2024. (heps, Deputy Clerk) (Entered: 06/20/2024)
2024-06-2010Consent MOTION for Extension of Time by U.S. Customs and Border Patrol (Attachments: # 1 Text of Proposed Order)(Goldmeier, Melissa) (Entered: 06/20/2024)
2024-06-2111ORDER GRANTING 10 Motion for Extension of Time to July 26, 2024. Signed by Magistrate Judge Gina L Simms on 6/21/2024. (hmls, Deputy Clerk) (Entered: 06/21/2024)
2024-07-2312NOTICE by U.S. Customs and Border Patrol of Intent to File a Motion to Dismiss, or in the Alternative, for Summary Judgment (Goldmeier, Melissa) (Entered: 07/23/2024)
2024-07-2313PAPERLESS ORDER: The Court is in receipt of ECF No. 12 . By no later than August 13, 2024, Plaintiff shall file a letter response to ECF No. 12 , which shall not exceed three pages, single-spaced. Signed by Magistrate Judge Gina L Simms on 7/23/2024. (ybs, Deputy Clerk) (Entered: 07/24/2024)
2024-07-2614Consent MOTION for Extension of Time to File Response/Reply as to 12 Notice (Other) by Adane Abegaz. (Attachments: # 1 Text of Proposed Order)(Sandoval-Moshenberg, Simon) (Entered: 07/26/2024)
2024-07-3115ORDER granting 14 Consent MOTION for Extension of Time to File Response/Reply as to 12 Notice (Other). Signed by Magistrate Judge Gina L Simms on 7/31/2024. (ybs, Deputy Clerk) (Entered: 07/31/2024)
2024-08-2316RESPONSE re 12 Notice (Other) filed by Adane Abegaz.(Sandoval-Moshenberg, Simon) (Entered: 08/23/2024)
2024-09-1717Letter Order Regarding Motion to Dismiss. Signed by Magistrate Judge Gina L Simms on 9/17/2024. (ybs, Deputy Clerk) (Entered: 09/17/2024)
2024-10-1018MOTION to Dismiss or in the Alternative, for Summary Judgment by U.S. Customs and Border Patrol (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Text of Proposed Order)(Goldmeier, Melissa) (Entered: 10/10/2024)
2024-11-1819RESPONSE in Opposition re 18 MOTION to Dismiss or in the Alternative, for Summary Judgment filed by Adane Abegaz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Text of Proposed Order)(Sandoval-Moshenberg, Simon) (Entered: 11/18/2024)
2024-11-1820MOTION for Attorney Fees by Adane Abegaz (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Text of Proposed Order)(Sandoval-Moshenberg, Simon) (Entered: 11/18/2024)
2024-11-2121Consent MOTION for Extension of Time by U.S. Customs and Border Patrol (Attachments: # 1 Text of Proposed Order)(Goldmeier, Melissa) (Entered: 11/21/2024)
2024-11-2222ORDER granting 21 Consent MOTION for Extension of Time. Signed by Magistrate Judge Gina L Simms on 11/22/2024. (bw5s, Deputy Clerk) (Entered: 11/22/2024)
2024-12-0923[FILED IN ERROR] RESPONSE re 20 MOTION for Attorney Fees , 19 Response in Opposition to Motion, Defendant's Reply to Plaintiff's Opposition to Defendant's Motion to Dismiss and Opposition to Plaintiff's Motion for Attorney's Fees and Costs filed by U.S. Customs and Border Patrol. (Attachments: # 1 Text of Proposed Order)(Goldmeier, Melissa) Modified on 12/11/2024 (bw5s). (Entered: 12/09/2024)
2024-12-1124QC NOTICE: 23 Response, filed by U.S. Customs and Border Patrol was filed incorrectly. **Incorrect event used. You may choose two events when filing under Responses and Replies. Please re-file using the event under Responses and Replies > Reply to Response to Motion and link to Motion at ECF 18 and please also choose Response in Opposition and link to Motion at ECF 20 . It has been noted as FILED IN ERROR, and the document link has been disabled. (bw5s, Deputy Clerk) (Entered: 12/11/2024)
2024-12-1125Consent MOTION for Extension of Time to File Response/Reply as to 23 Response, by Adane Abegaz (Attachments: # 1 Text of Proposed Order)(Sandoval-Moshenberg, Simon) (Entered: 12/11/2024)
2024-12-1226REPLY to Response to Motion re 18 MOTION to Dismiss or in the Alternative, for Summary Judgment , RESPONSE in Opposition re 20 MOTION for Attorney Fees filed by U.S. Customs and Border Patrol. (Attachments: # 1 Text of Proposed Order)(Goldmeier, Melissa) Modified on 12/13/2024 (bw5s). (Entered: 12/12/2024)
2024-12-1827Consent MOTION for Extension of Time to File Response/Reply as to 26 Reply to Response to Motion,, Response in Opposition to Motion, by Adane Abegaz (Attachments: # 1 Text of Proposed Order)(Sandoval-Moshenberg, Simon) (Entered: 12/18/2024)
2024-12-1928ORDER granting Plaintiff's 25 and 27 Consent Motions for Extension of Time to File Reply to Response to Motion for Attorney Fees. Signed by Magistrate Judge Gina L Simms on 12/19/2024. (dass, Deputy Clerk) (Entered: 12/19/2024)
2025-01-0629REPLY to Response to Motion re 20 MOTION for Attorney Fees filed by Adane Abegaz. (Attachments: # 1 Exhibit G, # 2 Exhibit H)(Sandoval-Moshenberg, Simon) (Entered: 01/06/2025)
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