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Case TitleREPORTERS COMMITTEE FOR FREEDOM OF THE PRESS v. UNITED STATES CUSTOMS AND BORDER PROTECTION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00155
Date Filed2018-01-24
Date Closed2021-10-19
JudgeJudge Trevor N. McFadden
PlaintiffREPORTERS COMMITTEE FOR FREEDOM OF THE PRESS
Case DescriptionThe Reporters Committee for Freedom of the Press submitted a FOIA request to U.S. Customs and Border Protection for records concerning the agency's demand that Twitter release information identifying the persons using the Twitter account @ALT_uscis. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the Reporters Committee filed an administrative appeal. The agency told the Reporters Committee that since no adverse action had been taken, its appeal was being closed. The agency subsequently told the Reporters Committee that it had located responsive records. But after hearing nothing further from the agency, the Reporters Committee filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES CUSTOMS AND BORDER PROTECTION
DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY
AppealD.C. Circuit 21-5293
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
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Complaint attachment 5
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Complaint attachment 7
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Complaint attachment 12
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Complaint attachment 15
Opinion/Order [66]
FOIA Project Annotation: Judge Trevor McFadden has ruled that U.S. Customs and Border Protection consistently fell short on its foreseeable harm claims in a response to a FOIA request from the Reporters Committee for Freedom of the Press for records concerning the agency's 2017 attempt to force Twitter to divulge the identity of a user who had posted critical comments about the agency. In his ruling, McFadden makes clear that while the D.C. Circuit has addressed the level of detail needed to fulfill an agency's foreseeable harm requirements now in two cases " Machado Amadis v. Dept of State, 971 F.3d 364 (D.C. Cir. 2020) and Reporters Committee for Freedom of the Press v. FBI, 3. F. 4th 350 (D.C. Cir. 2021) " there is still a considerable level of analysis that needs to be threshed out before agencies can routinely meet their obligations. In March 2017, CBP's Office of Professional Responsibility issued a summons under authority allegedly provided by 19 U.S.C. § 1509 for records identifying the user of the Twitter account @ALT_uscis, which had been critical of CBP's policies. The summons was signed by Special Agent in Charge Stephen Caruso, ordering Twitter to appear before Special Agent Adam Hoffman. Twitter sued one month later, arguing that Twitter's request violated its First Amendment right. CBP withdrew the summons the next day. The Reporters Committee filed several FOIA requests for records involving the incident, including a request for the agency's notes pertaining to its processing of RCP's first request. Over a period of a year and a half, the agency disclosed 4,151 pages to RCP in 19 responses. The agency submitted a Vaughn index explaining its exemption claims under Exemption 5 (privileges), Exemption 6 (invasion of privacy), and Exemption 7(C) (invasion of privacy concerning law enforcement records). However, McFadden found the agency's Vaughn index so deficient that he ordered it to submit a new index. As a result of discussions between the parties, CBP released an additional 127 pages with revised redactions. McFadden started by summarizing the findings of Machado Amadis and Reporters Committee concerning agencies' obligations under the foreseeable harm test. McFadden observed that "after Amadis and Reporters Committee, agencies must make two showings. First, the agency must, as always, show that a FOIA exemption applies to withheld information. Second, the agency must articulate in a 'focused and concrete' way, the harm that would result from disclosure, including the basis and likelihood of that harm. But even without a sufficient explanation from the agency, the 'context and purpose' of withheld information can support a finding of foreseeable harm. An agency's failure to make both showings warrants disclosure." CBP withheld seven categories of documents under Exemption 5, citing the deliberative process privilege, the attorney-client privilege, and the attorney work-product privilege. He found a series of emails did not qualify for the deliberative process privilege because they were neither pre-decisional nor deliberative. While he found another series of emails might qualify under the privilege, he then pointed out that "CBP merely restates those broad justifications for the privilege. The harm that CBP identifies " the risk that agency officials might not seek guidance or share their views " undergirds the privilege in every case. And naturally, nondisclosure of officials' opinions is 'crucial' to the agency's efficacy; the object of the privilege is 'to enhance the quality of agency decisions by protecting open and frank discussion' among agency employees. CBP therefore says nothing new about the harm of disclosure and fails to link the possibility of that harm to the information in [the category]. Instead, the agency repeats the generic rationale for the deliberative process privilege, just as the FBI did [improperly] in Reporters Committee. Nor again does the context and purpose of these communications suggest a risk of foreseeable harm from disclosure." McFadden observed in discussing the agency's shortfall in relation to another category that "the agency identifies no risk that would be specific to that context " the agency is concerned only with a lack of candor affecting agency decisions. Recall that this rationale undergirds the entire deliberative process privilege, and therefore cannot meet the independent foreseeable harm requirement identified in Reporters Committee. Nor do these communications concern anything like the undercover tactics used by the FBI in that case. Thus, the 'context and purpose' of the documents [in this category] does not make 'manifest' a risk of foreseeable harm from disclosure." McFadden found the agency fared far better with its Exemption 7(C) claims. RCP argued that disclosure of the names of employees would provide insight into possible agency misconduct. However, McFadden indicated that "the Committee has not shown how that public interest outweighs the employees' privacy interest. 'The only relevant public interest in the FOIA balancing analysis is the extent to which disclosure of the information sought would shed light on the agency's performance of its statutory duties or otherwise let citizens know what their government is up to.' Knowledge of the employees' names would not matter here. The Twitter summons is already in the public domain, as is the Inspector General's report on how CBP used its summons authority in its dealings with Twitter. The Committee offers no suggestion as to how knowing names alone will clarify the agency's activities, particularly after public dissemination of the summons and the IG Report. The Court therefore finds that the agency properly invoked Exemption 7(C) for the names of almost all CBP non-public facing employees." However, McFadden pointed out that Exemption 7(C) did not apply to the two named agency employees associated directly with the original summons. Here, he pointed out that "their names appeared on the Twitter summons and in the subsequent litigation. Their involvement with the summons therefore exists in the public domain, and CBP cannot withhold such public information under an otherwise valid exemption claim."
Issues: Litigation - Jurisdiction
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-01-241COMPLAINT against ALL DEFENDANTS, et al ( Filing fee $ 400 receipt number 0090-5301039) filed by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Civil Cover Sheet, # 12 Summons Customs and Border Protection, # 13 Summons Department of Homeland Security, # 14 Summons U.S. Attorney General, # 15 Summons U.S. Attorney)(Townsend, KatieLynn) (Entered: 01/24/2018)
2018-01-24Case Assigned to Judge Trevor N. McFadden. (md) (Entered: 01/26/2018)
2018-01-262STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 1/26/2018. (lctnm3) (Entered: 01/26/2018)
2018-01-263SUMMONS (4) Issued Electronically as to UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (md) (Entered: 01/26/2018)
2018-02-024RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/2/2018. Answer due for ALL FEDERAL DEFENDANTS by 3/4/2018. (Townsend, KatieLynn) (Entered: 02/02/2018)
2018-02-025RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/2/18. (Townsend, KatieLynn) (Entered: 02/02/2018)
2018-02-026RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CUSTOMS AND BORDER PROTECTION served on 2/1/2018 (Townsend, KatieLynn) (Entered: 02/02/2018)
2018-02-027RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 2/1/2018 (Townsend, KatieLynn) (Entered: 02/02/2018)
2018-02-058NOTICE of Appearance by Jennifer Anne Nelson on behalf of REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Nelson, Jennifer) (Entered: 02/05/2018)
2018-02-269NOTICE of Appearance by Rhonda Lisa Campbell on behalf of UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Campbell, Rhonda) (Entered: 02/26/2018)
2018-03-0210Consent MOTION for Extension of Time to File Answer re 1 Complaint,, by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Campbell, Rhonda) (Entered: 03/02/2018)
2018-03-05MINUTE ORDER regarding the Defendants' 10 Consent Motion for Extension of Time. The Defendants shall now file their answer on or before March 19, 2018. It is FURTHER ORDERED that the parties shall appear for a Status Conference on March 22, 2018, at 10:00 a.m. in Courtroom 2 before Judge Trevor N. McFadden. Signed by Judge Trevor N. McFadden on 3/5/2018. (lctnm2) (Entered: 03/05/2018)
2018-03-05Set/Reset Deadlines/Hearings: Defendants' answer to the complaint due by 3/19/2018. A Status Conference is scheduled for 3/22/2018, at 10:00 AM in Courtroom 2, before Judge Trevor N. McFadden. (hmc) (Entered: 03/05/2018)
2018-03-1911ANSWER to 1 Complaint by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Campbell, Rhonda) Modified to add link on 3/20/2018 (znmw). (Entered: 03/19/2018)
2018-03-20MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. In light of the upcoming status conference on March 22, 2018, it is hereby ORDERED that the parties shall confer in advance of the status conference, and be prepared to discuss a schedule for proceeding in this matter. The parties shall be prepared to address, to the extent possible, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/20/2018. (lctnm2) (Entered: 03/20/2018)
2018-03-22Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 3/22/2018. Order forthcoming. (Court Reporter Patricia Kaneshiro-Miller.) (hmc) (Entered: 03/22/2018)
2018-03-22MINUTE ORDER. Upon further reflection, based on the record and for good cause shown, the Court hereby VACATES and modifies its oral order regarding production as follows: The Defendant shall review at least 500 pages of potentially responsive material per month, and produce responsive records to the Plaintiff by the end of every month. The first production shall be made on or before April 30, 2018. The parties are FURTHER ORDERED to submit a joint status report on or before May 4, 2018, and on or before the 5th day of every month thereafter. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/22/2018. (lctnm2) (Entered: 03/22/2018)
2018-03-22Set/Reset Deadlines: Defendants' first production due by 4/30/2018. Joint Status Report due by 5/4/2018, and every month thereafter. (hmc) (Entered: 03/22/2018)
2018-05-0412STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Campbell, Rhonda) Modified text on 5/7/2018 (td). (Entered: 05/04/2018)
2018-05-0413STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Attachments: # 1 Exhibit A)(Townsend, KatieLynn) Modified text on 5/7/2018 (td). (Entered: 05/04/2018)
2018-06-0514Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 06/05/2018)
2018-06-0815Unopposed MOTION to Consolidate Cases by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Attachments: # 1 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 06/08/2018)
2018-06-12MINUTE ORDER granting Plaintiff's unopposed 5 Motion to Consolidate. It is hereby ORDERED that Case No. 18-cv-00155 and Case No. 18-cv-01289 are hereby consolidated. The Clerk's Office shall close No. 18-cv-01289 and transfer those parties to No. 18-cv-00155 if necessary; all filings shall be made only in No. 18-cv-00155 and parties shall NOT elect to spread text when filing on ECF, as this will result in repetitive docketing. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/12/2018. (lctnm2, ) (Entered: 06/12/2018)
2018-06-12Cases consolidated. Cases 08-155 and 18-1289 have been consolidated pursuant to Minute Order entered 6/12/18. All filings shall be made only in the LEAD CASE No. 18-cv-00155 and parties shall NOT elect to spread text when filing on ECF, as this will result in repetitive docketing. (ztd) (Entered: 06/18/2018) (ztd) (Entered: 06/18/2018)
2018-07-0516Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 07/05/2018)
2018-07-09MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, the Court hereby ORDERS the parties to appear for a status conference on August 8, 2018, at 10:00 a.m. in Courtroom 2 before Judge Trevor N. McFadden. The parties shall continue to file Joint Status Reports as previously ordered, including the next report due on August 6, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/9/2018. (lctnm2) (Entered: 07/09/2018)
2018-07-09Set/Reset Deadlines/Hearings: Joint Status Report due by 8/6/2018. Status Conference scheduled for 8/8/2018, at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 07/09/2018)
2018-07-0917Consent MOTION to Continue Status Conference Scheduled for August 8, 2018 by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Townsend, KatieLynn) (Entered: 07/09/2018)
2018-07-10MINUTE ORDER granting the Plaintiff's 17 Consent Motion to Continue. The status conference previously set for August 8, 2018, is hereby rescheduled for August 27, 2018, at 10:00 a.m. in Courtroom 2, before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/10/2018. (lctnm2) (Entered: 07/10/2018)
2018-07-10Set/Reset Hearings: Status Conference rescheduled for 8/27/2018, at 10:00 AM in Courtroom 2, before Judge Trevor N. McFadden. (hmc) (Entered: 07/10/2018)
2018-08-0618Unopposed MOTION for Leave to File Answer in Case No. 18-1289 by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Answer in Case No. 18-1289)(Campbell, Rhonda) (Entered: 08/06/2018)
2018-08-0619Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 08/06/2018)
2018-08-06MINUTE ORDER granting Defendant's 18 Unopposed Motion for Leave to File Answer. The Court will accept ECF No. [18-1] as the Answer in Civil Case No. 18-1289. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/6/2018. (lctnm2) (Entered: 08/06/2018)
2018-08-0620ANSWER to Complaint by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.as the Answer in Civil Case No. 18-1289(zrdj) (Entered: 08/07/2018)
2018-08-27Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 8/27/2018. As stated on the record, the Court will excuse the Defendants' departure from the page review requirements for this month. (Court Reporter: Crystal Pilgrim.) (hmc) (Entered: 08/27/2018)
2018-09-0521Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 09/05/2018)
2018-10-0522Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 10/05/2018)
2018-10-0523NOTICE of Change of Address by KatieLynn Boyd Townsend (Townsend, KatieLynn) (Entered: 10/05/2018)
2018-11-0524Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 11/05/2018)
2018-11-2725MOTION to Bifurcate Summary Judgment Briefing by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 11/27/2018)
2018-12-0326Memorandum in opposition to re 25 MOTION to Bifurcate Summary Judgment Briefing filed by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Campbell, Rhonda) (Entered: 12/03/2018)
2018-12-0527Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 12/05/2018)
2018-12-0728ORDER denying 25 Motion to Bifurcate. See attached order for further detail. Signed by Judge Trevor N. McFadden on 12/7/2018. (lctnm2) (Entered: 12/07/2018)
2019-01-0229Consent MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/02/2019)
2019-01-04MINUTE ORDER granting 29 Motion to Stay. Upon considering the Defendant's 29 Motion to Stay, it is hereby ordered that this matter shall be stayed until Congress has restored appropriations to the Federal Defendants. The Defendants will notify the Court immediately upon resumption of appropriations. It is further ordered that this order shall apply nunc pro tunc to extend the Defendants' December 2018 production obligation. Signed by Judge Trevor N. McFadden on 1/4/2019. Associated Cases: 1:18-cv-00155-TNM, 1:18-cv-01289-TNM (lctnm2) (Entered: 01/04/2019)
2019-01-3030NOTICE of Restored Funding by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Campbell, Rhonda) (Entered: 01/30/2019)
2019-01-30MINUTE ORDER. Upon considering the Defendant's 30 Notice of Restored Government Funding, it is hereby ordered that the stay in this case is lifted. It is further ordered that the production schedule imposed by the Court's March 22, 2018 Minute Order is reimposed. On or before February 5, 2019, the parties shall meet and confer, and submit a Joint Status Report. Signed by Judge Trevor N. McFadden on 01/30/2019. (lctnm2) (Entered: 01/30/2019)
2019-01-30Set/Reset Deadlines: Joint Status Report due by 2/5/2019. (hmc) (Entered: 01/30/2019)
2019-02-0531Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 02/05/2019)
2019-03-0532Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 03/05/2019)
2019-04-0533Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 04/05/2019)
2019-05-0134NOTICE of Appearance by Katherine Boyd Palmer-Ball on behalf of All Defendants Associated Cases: 1:18-cv-00155-TNM, 1:18-cv-01289-TNM(Palmer-Ball, Katherine) (Entered: 05/01/2019)
2019-05-0235NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. Associated Cases: 1:18-cv-00155-TNM, 1:18-cv-01289-TNM(Campbell, Rhonda) (Entered: 05/02/2019)
2019-05-0336Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 05/03/2019)
2019-06-0537Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 06/05/2019)
2019-07-0538Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 07/05/2019)
2019-08-0539Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 08/05/2019)
2019-09-0540Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 09/05/2019)
2019-09-11MINUTE ORDER. Upon consideration of the parties' 40 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before October 4, 2019. It is further ordered that the parties shall appear for a status conference before Judge Trevor N. McFadden at 10 am in Courtroom 2 on October 8, 2019. Signed by Judge Trevor N. McFadden on 09/11/2019. (lctnm2) (Entered: 09/11/2019)
2019-09-12Set/Reset Deadlines/Hearings: Joint Status Report due by 10/4/2019. Status Conference set for 10/8/2019 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 09/12/2019)
2019-10-0441Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Palmer-Ball, Katherine) (Entered: 10/04/2019)
2019-10-08Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 10/8/2019. Joint Status Report due by 12/8/2019. (Court Reporter: Jeff Hook.) (hmc) (Entered: 10/08/2019)
2019-12-0642Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 12/06/2019)
2019-12-09MINUTE ORDER. Upon consideration of the parties' 42 Joint Status Report, the parties shall adhere to the following summary judgment briefing schedule: Defendant shall file its motion for summary judgment on or before February 4, 2020. Plaintiff shall file its opposition and cross-motion for summary judgment on or before March 10, 2020. Defendant shall file its opposition and reply on or before April 9, 2020. Plaintiff shall file its reply on or before April 30, 2020. The parties need not file further Joint Status Reports unless otherwise ordered by the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/9/2019. (lctnm2) (Entered: 12/09/2019)
2019-12-09Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 2/4/2020. Plaintiff's opposition and cross-motion for summary judgment due by 3/10/2020. Defendant's opposition and reply due by 4/9/2020. Plaintiff's reply due by 4/30/2020. (hmc) (Entered: 12/09/2019)
2020-02-0443MOTION for Summary Judgment by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 02/04/2020)
2020-02-0544NOTICE by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY re 43 MOTION for Summary Judgment (Attachments: # 1 Statement of Facts)(Palmer-Ball, Katherine) (Entered: 02/05/2020)
2020-03-1045Cross MOTION for Summary Judgment by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Attachments: # 1 Memorandum in Support of Plaintiff's Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment, # 2 Statement of Facts and Response to Defendants' Statement of Facts, # 3 Declaration of Katie Townsend, # 4 Exhibit A to the Townsend Declaration, # 5 Exhibit B to the Townsend Declaration, # 6 Exhibit C to the Townsend Declaration, # 7 Exhibit D to the Townsend Declaration, # 8 Exhibit E to the Townsend Declaration, # 9 Exhibit F to the Townsend Declaration, # 10 Exhibit G to the Townsend Declaration, # 11 Exhibit H to the Townsend Declaration, # 12 Exhibit I to the Townsend Declaration, # 13 Exhibit J to the Townsend Declaration, # 14 Exhibit K to the Townsend Declaration, # 15 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 03/10/2020)
2020-03-1046Memorandum in opposition to re 43 MOTION for Summary Judgment filed by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (See Docket Entry 45 to view document). (eg). (Entered: 03/13/2020)
2020-04-0247Consent MOTION for Extension of Time to Opposition and Reply by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 04/02/2020)
2020-04-03MINUTE ORDER granting Defendants' 47 Consent Motion for Extension of Time. Defendants shall file their combined opposition and reply on or before May 11, 2020. Plaintiff shall file its reply, if any, on or before June 1, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/3/2020. (lctnm2) (Entered: 04/03/2020)
2020-04-03Set/Reset Deadlines: Defendants' combined opposition and reply due by 5/11/2020. Plaintiff's reply due by 6/1/2020. (hmc) (Entered: 04/03/2020)
2020-05-0548MOTION for Extension of Time to File Opposition and Reply by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 05/05/2020)
2020-05-06MINUTE ORDER denying Defendants' 48 Motion for Extension of Time. The Court already granted Defendants a month extension for substantially identical concerns that Defendants' counsel now raises. Defendants shall file their combined opposition and reply on or before May 11, 2020. Plaintiff shall file its reply, if any, on or before June 1, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/6/2020. (lctnm2) (Entered: 05/06/2020)
2020-05-1149REPLY to opposition to motion re 43 MOTION for Summary Judgment filed by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit 1)(Palmer-Ball, Katherine) (Entered: 05/11/2020)
2020-05-1150Memorandum in opposition to re 45 Cross MOTION for Summary Judgment filed by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit 1, # 2 Defendants' Response to Plaintiff's Statement of Facts, # 3 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 05/11/2020)
2020-06-0151REPLY to opposition to motion re 45 Cross MOTION for Summary Judgment filed by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 06/01/2020)
2020-07-0252ORDER denying Defendants' 43 Motion for Summary Judgment and denying Plaintiff's 45 Cross-Motion for Summary Judgment. Defendants shall file, on or before September 30, 2020, a new Vaughn Index and an accompanying declaration. The parties shall file a Joint Status Report, consistent with the Court's direction in this Order, on or before October 7, 2020. The parties shall appear for a status conference on October 13, 2020, at 10:00 a.m. in Courtroom 2, before Judge Trevor N. McFadden. See attached Order for details. Signed by Judge Trevor N. McFadden on 7/2/2020. (lctnm2) (Entered: 07/02/2020)
2020-07-02Set/Reset Deadlines/Hearings: Defendants' Vaughn Index due by 9/30/2020, Joint Status Report due by 10/7/2020, Status Conference set for 10/13/2020 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 07/02/2020)
2020-08-2153NOTICE OF SUBSTITUTION OF COUNSEL by Kathleene A. Molen on behalf of All Defendants Substituting for attorney Katherine B. Palmer-Ball (Molen, Kathleene) (Entered: 08/21/2020)
2020-09-3054NOTICE of Filing Supplemental Declaration and New Vaughn Index by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Declaration, # 2 Exhibit A - Vaughn Index, # 3 Exhibit B)(Molen, Kathleene) (Entered: 09/30/2020)
2020-10-0755Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 10/07/2020)
2020-10-09MINUTE ORDER. The Status Conference scheduled for October 13, 2020, at 10:00 AM will be conducted with counsel by telephone. Dial-in information will be emailed to counsel. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/9/2020. (lctnm3) (Entered: 10/09/2020)
2020-10-09MINUTE ORDER: In light of the parties' 55 Joint Status Report, the Status Conference scheduled for October 13, 2020, is hereby VACATED. The parties are ordered to file a Joint Status Report on or before October 30, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/9/2020. (lctnm2) (Entered: 10/09/2020)
2020-10-13Set/Reset Deadlines: Joint Status Report due by 10/30/2020. (hmc) (Entered: 10/13/2020)
2020-10-3056Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Molen, Kathleene) (Entered: 10/30/2020)
2020-11-02MINUTE ORDER. Upon consideration of the parties' 56 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before 1/15/2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/2/2020. (lctnm2) (Entered: 11/02/2020)
2020-11-02Set/Reset Deadlines: Joint Status Report due by 1/15/2021. (hmc) (Entered: 11/02/2020)
2021-01-1557Joint STATUS REPORT by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 01/15/2021)
2021-01-15MINUTE ORDER. Upon consideration of the parties' 57 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before February 2, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/15/2021. (lctnm2) (Entered: 01/15/2021)
2021-01-15Set/Reset Deadlines: Joint Status Report due by 2/2/2021. (hmc) (Entered: 01/15/2021)
2021-02-0258PROPOSED BRIEFING SCHEDULE by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 02/02/2021)
2021-02-03MINUTE ORDER. Upon consideration of the parties' 58 proposed briefing schedule, it is hereby ordered that the Defendants shall file their motion for summary judgment on or before March 19, 2021; the plaintiff shall file its combined opposition and cross-motion for summary judgment on or before April 20, 2021; the defendants shall file their combined opposition and reply on or before May 11, 2021; and the plaintiff shall file its reply on or before June 2, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/3/2021. (lctnm2) (Entered: 02/03/2021)
2021-02-03Set/Reset Deadlines: Defendants' motion for summary judgment due by 3/19/2021. Plaintiff's combined opposition and cross-motion due by 4/20/2021. Defendants' combined opposition and reply due by 5/11/2021. Plaintiff's reply due by 6/2/2021. (hmc) (Entered: 02/03/2021)
2021-03-1959MOTION for Summary Judgment by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Fourth Declaration of Patrick Howard, # 4 Exhibit A - Updated Vaughn Index, # 5 Exhibit B, # 6 Text of Proposed Order)(Molen, Kathleene) (Entered: 03/19/2021)
2021-04-2060Cross MOTION for Summary Judgment by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Attachments: # 1 Memorandum in Support of Plaintiff's Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment, # 2 Statement of Facts and Response to Defendants' Statement of Facts, # 3 Declaration of Katie Townsend (Second), # 4 Exhibit A to the Second Townsend Declaration, # 5 Exhibit B to the Second Townsend Declaration, # 6 Exhibit C to the Second Townsend Declaration, # 7 Exhibit D to the Second Townsend Declaration, # 8 Exhibit E to the Second Townsend Declaration, # 9 Exhibit F to the Second Townsend Declaration, # 10 Exhibit G to the Second Townsend Declaration, # 11 Exhibit H to the Second Townsend Declaration, # 12 Exhibit I to the Second Townsend Declaration, # 13 Exhibit J to the Second Townsend Declaration, # 14 Exhibit K to the Second Townsend Declaration, # 15 Declaration L to the Second Townsend Declaration, # 16 Text of Proposed Order)(Townsend, KatieLynn) (Entered: 04/20/2021)
2021-04-2061Memorandum in opposition to re 59 MOTION for Summary Judgment filed by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 04/20/2021)
2021-05-1162REPLY to opposition to motion re 59 MOTION for Summary Judgment filed by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Responses to Plaintiff's Statement of Facts, # 2 Fifth Declaration of Patrick Howard, # 3 Exhibit A, # 4 Text of Proposed Order)(Molen, Kathleene) (Entered: 05/11/2021)
2021-05-1163Memorandum in opposition to re 60 Cross MOTION for Summary Judgment filed by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Responses to Plaintiff's Statement of Facts, # 2 Fifth Declaration of Patrick Howard, # 3 Exhibit A, # 4 Text of Proposed Order)(Molen, Kathleene) (Entered: 05/11/2021)
2021-06-0264REPLY to opposition to motion re 60 Cross MOTION for Summary Judgment filed by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Townsend, KatieLynn) (Entered: 06/02/2021)
2021-07-1565NOTICE OF SUPPLEMENTAL AUTHORITY by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Attachments: # 1 Exhibit A)(Townsend, KatieLynn) (Entered: 07/15/2021)
2021-10-1866MEMORANDUM OPINION re Defendant's 59 Motion for Summary Judgment and Plaintiff's 60 Cross-Motion for Summary Judgment. Signed by Judge Trevor N. McFadden on 10/18/2021. (lctnm2) (Entered: 10/18/2021)
2021-10-1867ORDER. For the reasons stated in the 66 Memorandum Opinion, Defendants' 59 Motion for Summary Judgment is GRANTED in part and DENIED in part and Plaintiff's 60 Cross-Motion for Summary Judgment is GRANTED in part and DENIED in part. See attached Order for details. Signed by Judge Trevor N. McFadden on 10/18/2021. (lctnm2) (Entered: 10/18/2021)
2021-10-1968NOTICE of Appearance by Adam Alexander Marshall on behalf of REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS Associated Cases: 1:18-cv-00155-TNM, 1:18-cv-01289-TNM(Marshall, Adam) (Entered: 10/19/2021)
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