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Case TitleBUZZFEED INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv03062
Date Filed2019-10-14
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffBUZZFEED, INC.
Case DescriptionBuzzFeed submitted a FOIA request to U.S. Customs and Border Protection for records concerning CBP data used to prepare an Inspector General's report finding overcrowding of children in detention centers. BuzzFeed also requested expedited processing. The agency acknowledged receipt of the request, granted BuzzFeed's request for expedited processing and invoked a 10-day extension. After hearing nothing further from the agency, BuzzFeed filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantU.S. CUSTOMS AND BORDER PROTECTION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [50]
Opinion/Order [69]
FOIA Project Annotation: Judge Dabney Friedrich has ruled that the Office of the Inspector General of the Department of Homeland Security properly redacted database information in response to a FOIA request from BuzzFeed, Inc. After U.S. Customs and Border Protection issued an alert on overcrowding and prolonged detention of adults and children in the Rio Grande Valley, BuzzFeed News requested any databases containing records on which the calculation in the RGV Alert is based. The agency determined that the Border Patrol was the most likely agency to have responsive records, particularly within the Enforcement Integrated Database. In November 2020, CBP put together a spreadsheet for each fiscal year with over 4,423,000 unredacted rows of responsive records. Each row contained the following data fields " Border patrol sector, Date and Time of Apprehension, Citizenship, Gender, Age, Demographic, Time in U.S., Date and Time of Initial Booking, Date and Time of Final Booking, and Time in Custody. BuzzFeed sought additional information, particularly some kind of unique identifier it could use to track individuals across multiple data sets. CBP withheld records under Exemption 7(E) (investigative methods and techniques) for identifying information about specific Border Patrol stations or operational sites. CBP also cited Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records) to withhold Alien numbers associated with each entry. BuzzFeed confined its challenges to records that would reveal unique identifying information about individuals, detention locations, and technical documentation about the EID. While CBP focused on the privacy of Alien numbers, BuzzFeed indicated that its primary interest was to obtain some form of unique identifier it could use to connect the records. As a result, Friedrich told CBP to discuss the possibility of other such identifiers. She noted that she would order CBP to submit a supplementary declaration that "shall state whether any unique identifiers (other than the A-number) exist in the EID and address the privacy interests with respect to any such identifiers. This new declaration shall also address how the release of A-numbers would invade the individuals' privacy without knowledge of their names, addresses, dates of birth, or other identifying information." CBP withheld two types of information under Exemption 7(E). It withheld the specific Border Patrol station or operational site (but not the sector) where each encounter took place. It also withheld records describing the structure of EID. CBP argued that location data had been protected by other courts under Exemption 7(E). However, Friedrich pointed out that "what remains unclear is how the release of detention center information, as opposed to the apprehension location information, would enable traffickers and others to evade law enforcement." She noted that the agency affidavit did not provide sufficient evidence for her to rule on the issue. She explained that "the Court will direct CBP to explain in its supplemental declaration how the disclosure of this information would reveal apprehension location, as well as staffing, resource allocation, and transfer route information." She then noted that another court in the district ruled in Long v. U.S. Immigration and Customs Enforcement, 464 F. Supp.3d 409 (D.D.C. 2020) that "disclosure of EID schema would allow hackers to access the database more easily," but indicated that CBP had not explained whether other information it withheld under Exemption 7(E) was properly withheld. To resolve that problem, Friedrich ordered CBP to provide further declarations.
Issues: Adequacy - Search, Exemption 7(E) - Investigative methods or techniques
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-10-141COMPLAINT against U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number ADCDC-6445914) filed by BUZZFEED INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet, # 5 Summons)(Topic, Matthew) (Entered: 10/14/2019)
2019-10-142NOTICE of Appearance by Matthew Topic on behalf of BUZZFEED INC. (Topic, Matthew) (Entered: 10/14/2019)
2019-10-143LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BUZZFEED INC. (Topic, Matthew) (Entered: 10/14/2019)
2019-10-16Case assigned to Judge Dabney L. Friedrich. (zmc) (Entered: 10/16/2019)
2019-10-164SUMMONS (3) Issued Electronically as to U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 10/16/2019)
2019-11-065NOTICE of Appearance by Kenneth A. Adebonojo on behalf of U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 11/06/2019)
2019-11-066RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 10/28/2019 (Topic, Matthew) (Entered: 11/06/2019)
2019-11-067RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 10/28/2019 (Topic, Matthew) (Entered: 11/06/2019)
2019-11-068RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/28/2019. (Topic, Matthew) (Entered: 11/06/2019)
2019-11-069RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/28/2019. Answer due for ALL FEDERAL DEFENDANTS by 11/27/2019. (Topic, Matthew) (Entered: 11/06/2019)
2019-11-2610Consent MOTION for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 11/26/2019)
2019-11-26MINUTE ORDER granting the defendants' 10 Consent Motion for Extension of Time to File Defendants' Answer or Other Response to Plaintiff's Complaint. The defendants shall answer, move to dismiss, or otherwise respond to the plaintiff's Complaint on or before December 30, 2019. So Ordered by Judge Dabney L. Friedrich on November 26, 2019. (lcdlf1) (Entered: 11/26/2019)
2019-12-2911ANSWER to Complaint by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY.(Adebonojo, Kenneth) (Entered: 12/29/2019)
2020-01-03MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the joint status report on or before January 17, 2020. Signed by Judge Dabney L. Friedrich on January 3, 2020. (lcdlf1) (Entered: 01/03/2020)
2020-01-1712Consent MOTION for Extension of Time to File the Parties' Joint Status Report by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 01/17/2020)
2020-01-22MINUTE ORDER granting the defendants' 12 Consent Motion to Enlarge Time to File the Parties' Joint Status Report. The parties shall file a joint status report on or before January 24, 2020. So Ordered by Judge Dabney L. Friedrich on January 22, 2020. (lcdlf1) (Entered: 01/22/2020)
2020-01-2413Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Adebonojo, Kenneth) (Entered: 01/24/2020)
2020-02-04MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, it appears that the parties have not yet conferred regarding the defendants' contention that the plaintiff's request is overbroad. Accordingly, additional time to confer about this issue is warranted. The parties are ORDERED to file another joint status report on or before February 24, 2020. So Ordered by Judge Dabney L. Friedrich on February 4, 2020. (lcdlf1) (Entered: 02/04/2020)
2020-02-2414Consent MOTION for Extension of Time to File The Parties' Joint Status Report by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 02/24/2020)
2020-02-24MINUTE ORDER granting the parties' 14 Consent Motion to Enlarge Time to File the Parties' Joint Status Report. The parties shall file a joint status report on or before March 13, 2020. So Ordered by Judge Dabney L. Friedrich on February 24, 2020. (lcdlf1) (Entered: 02/24/2020)
2020-03-1315Consent MOTION for Extension of Time to File the Parties' Joint Status Report by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 03/13/2020)
2020-03-18ENTERED IN ERROR.....MINUTE ORDER granting the defendants' 10 Unopposed Motion for Extension of Time to File Joint Status Report. The parties shall file a joint status report on or before April 17, 2020. So Ordered by Judge Dabney L. Friedrich on March 18, 2020. (lcdlf1) Modified docket as it was entered in the wrong case on 3/18/2020 (zjch). (Entered: 03/18/2020)
2020-03-18MINUTE ORDER granting the defendants' 15 Motion to Enlarge Time to File the Parties' Joint Status Report. The parties shall file a joint status report on or before April 14, 2020. So Ordered by Judge Dabney L. Friedrich on March 18, 2020. (lcdlf1) (Entered: 03/18/2020)
2020-03-18NOTICE OF CORRECTED DOCKET ENTRY: DOCKET ENTRY was entered in error (in the wrong case) and will not be refiled. (zjch) (Entered: 03/18/2020)
2020-04-2016Consent MOTION for Extension of Time to File the Parties' Joint Status Report by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 04/20/2020)
2020-04-20MINUTE ORDER granting, by the plaintiff's consent, the defendants' 16 Motion to Enlarge Time to File the Parties' Joint Status Report. The parties shall file their next joint status report on or before May 20, 2020. So Ordered by Judge Dabney L. Friedrich on April 20, 2020. (lcdlf1) (Entered: 04/20/2020)
2020-05-2017Consent MOTION for Extension of Time to File the Parties' Joint Status Report by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 05/20/2020)
2020-05-21MINUTE ORDER granting the defendants' 17 Motion to Enlarge Time to File the Parties' Joint Status Report, by the plaintiff's consent. The parties shall file their next joint status report on or before June 23, 2020. So Ordered by Judge Dabney L. Friedrich on May 21, 2020. (lcdlf1) (Entered: 05/21/2020)
2020-06-2318Consent MOTION for Extension of Time to File the Parties' Joint Status Report by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 06/23/2020)
2020-06-24MINUTE ORDER granting the defendants' 18 Motion to Enlarge Time to File the Parties' Joint Status Report. The parties shall file their next joint status report on or before July 24, 2020. So Ordered by Judge Dabney L. Friedrich on June 24, 2020. (lcdlf1) (Entered: 06/24/2020)
2020-07-2419Consent MOTION for Extension of Time to File the Parties' Joint Status Report by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY (Adebonojo, Kenneth) (Entered: 07/24/2020)
2020-07-24MINUTE ORDER. Upon consideration of the defendants' 19 Motion to Enlarge Time to File the Parties' Joint Status Report, it is ORDERED that the motion is GRANTED. The parties shall file their next joint status report on or before August 25, 2020. So Ordered by Judge Dabney L. Friedrich on July 24, 2020. (lcdlf1) (Entered: 07/24/2020)
2020-07-24Set/Reset Deadlines: Status Report due by 8/25/2020 (zjch) (Entered: 07/27/2020)
2020-08-2520Joint STATUS REPORT by BUZZFEED, INC.. (Topic, Matthew) (Entered: 08/25/2020)
2020-08-26MINUTE ORDER. Upon consideration of the parties' 20 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before October 1, 2020. So Ordered by Judge Dabney L. Friedrich on August 26, 2020. (lcdlf1) (Entered: 08/26/2020)
2020-08-26Set/Reset Deadlines: Status Report due by 10/1/2020 (zjch) (Entered: 08/26/2020)
2020-10-0221Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Adebonojo, Kenneth) (Entered: 10/02/2020)
2020-10-02MINUTE ORDER. Upon consideration of the parties' 21 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before October 20, 2020. So Ordered by Judge Dabney L. Friedrich on October 2, 2020. (lcdlf1) (Entered: 10/02/2020)
2020-10-2022STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Adebonojo, Kenneth) (Entered: 10/20/2020)
2020-10-20MINUTE ORDER. Upon consideration of the parties' 22 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before November 9, 2020. So Ordered by Judge Dabney L. Friedrich on October 20, 2020. (lcdlf1) (Entered: 10/20/2020)
2020-11-0923Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Adebonojo, Kenneth) (Entered: 11/09/2020)
2020-11-10MINUTE ORDER. Upon consideration of the parties' 23 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before November 23, 2020. So Ordered by Judge Dabney L. Friedrich on November 10, 2020. (lcdlf1) (Entered: 11/10/2020)
2020-11-2324Joint STATUS REPORT by BUZZFEED, INC.. (Topic, Matthew) (Entered: 11/23/2020)
2020-11-24MINUTE ORDER. Upon consideration of the parties' 24 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before January 7, 2021. So Ordered by Judge Dabney L. Friedrich on November 24, 2020. (lcdlf1) (Entered: 11/24/2020)
2020-11-24Set/Reset Deadlines: Status Report due by 1/7/2021 (zjch) (Entered: 11/24/2020)
2021-01-0725Joint STATUS REPORT by BUZZFEED, INC.. (Topic, Matthew) (Entered: 01/07/2021)
2021-01-08MINUTE ORDER. Upon consideration of the parties' 25 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before February 5, 2021. So Ordered by Judge Dabney L. Friedrich on January 8, 2021. (lcdlf1) (Entered: 01/08/2021)
2021-01-08Set/Reset Deadlines: Status Report due by 2/5/2021 (zjch) (Entered: 01/15/2021)
2021-02-0526Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Adebonojo, Kenneth) (Entered: 02/05/2021)
2021-02-08MINUTE ORDER. Upon consideration of the parties' 26 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before April 6, 2021. So Ordered by Judge Dabney L. Friedrich on February 8, 2021. (lcdlf2) (Entered: 02/08/2021)
2021-02-08Set/Reset Deadlines: Status Report due by 4/6/2021 (zjch) (Entered: 02/08/2021)
2021-04-0627Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Adebonojo, Kenneth) (Entered: 04/06/2021)
2021-04-06Set/Reset Deadlines: Status Report due by 5/6/2021 (zjch) (Entered: 04/07/2021)
2021-04-07MINUTE ORDER. Upon consideration of the parties' 27 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before May 6, 2021. So Ordered by Judge Dabney L. Friedrich on April 6, 2021. (lcdlf1) (Entered: 04/07/2021)
2021-05-0628Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Adebonojo, Kenneth) (Entered: 05/06/2021)
2021-05-07MINUTE ORDER. Upon consideration of the parties' 28 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before June 4, 2021. So Ordered by Judge Dabney L. Friedrich on May 7, 2021. (lcdlf1) (Entered: 05/07/2021)
2021-06-0429Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Adebonojo, Kenneth) (Entered: 06/04/2021)
2021-06-04MINUTE ORDER. Upon consideration of the parties' 29 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before July 2, 2021. So Ordered by Judge Dabney L. Friedrich on June 4, 2021. (lcdlf1) (Entered: 06/04/2021)
2021-07-0230Joint STATUS REPORT by BUZZFEED, INC.. (Topic, Matthew) (Entered: 07/02/2021)
2021-07-02MINUTE ORDER. Upon consideration of the parties' 30 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before July 19, 2021. So Ordered by Judge Dabney L. Friedrich on July 2, 2021. (lcdlf1) (Entered: 07/02/2021)
2021-07-02Set/Reset Deadlines: Status Report due by 7/19/2021 (zjch) (Entered: 07/06/2021)
2021-07-1931Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Adebonojo, Kenneth) (Entered: 07/19/2021)
2021-07-20MINUTE ORDER. Upon consideration of the parties' 31 Joint Status Report, it is ORDERED that the following schedule shall govern further proceedings: the defendants shall file a motion for summary judgment on or before October 18, 2021; the plaintiff shall file an opposition and cross-motion for summary judgment on or before November 16, 2021; the defendants shall file a reply and opposition on or before December 13, 2021; and the plaintiff shall file a reply on or before January 12, 2022. The parties need not file a separate statement of material facts to accompany their motions. So Ordered by Judge Dabney L. Friedrich on July 20, 2021. (lcdlf1) (Entered: 07/20/2021)
2021-07-20Set/Reset Deadlines: Cross Motions due by 11/16/2021. Response to Cross Motions due by 12/13/2021. Reply to Cross Motions due by 1/12/2022. Summary Judgment motions due by 10/18/2021. Response to Motion for Summary Judgment due by 11/16/2021. Reply to Motion for Summary Judgment due by 12/13/2021. (zjch) (Entered: 07/20/2021)
2021-10-1832MOTION for Extension of Time to File Defendants' Motion for Summary Judgment by U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Adebonojo, Kenneth) (Entered: 10/18/2021)
2021-10-18MINUTE ORDER. Upon consideration of the government's 32 Motion for an Extension of Time, the motion is GRANTED IN PART. The defendants shall file a motion for summary judgment on or before November 1, 2021, unless the plaintiff consents to a longer extension. In that event, the parties shall file a joint status report, on or before November 1, 2021, that proposes a schedule for further proceedings. So Ordered by Judge Dabney L. Friedrich on October 18, 2021. (lcdlf1) (Entered: 10/18/2021)
2021-10-18Set/Reset Deadlines: Status Report due by 11/1/2021 Summary Judgment motions due by 11/1/2021. (zjch, ) (Entered: 10/19/2021)
2021-10-1933RESPONSE re 32 MOTION for Extension of Time to File Defendants' Motion for Summary Judgment filed by BUZZFEED, INC.. (Topic, Matthew) (Entered: 10/19/2021)
2021-10-20MINUTE ORDER. Upon consideration of the defendants' 32 Motion to Extension of Time and the plaintiff's 33 Response, it is ORDERED that the following schedule shall govern further proceedings: the defendants shall file a motion for summary judgment on or before December 7, 2021; the plaintiff shall file an opposition and cross-motion for summary judgment on or before January 21, 2022; the defendants shall file a reply and opposition on or before February 22, 2022; and the plaintiff shall file a reply on or before March 22, 2022. So Ordered by Judge Dabney L. Friedrich on October 20, 2021. (lcdlf1) (Entered: 10/20/2021)
2021-10-20Set/Reset Deadlines: Cross Motions due by 1/21/2022. Response to Cross Motions due by 2/22/2022. Reply to Cross Motions due by 3/22/2022. (zjch, ) (Entered: 10/21/2021)
2021-12-0734MOTION for Extension of Time to File Defendants' Motion for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Adebonojo, Kenneth) (Entered: 12/07/2021)
2021-12-08MINUTE ORDER. Upon consideration of the defendants' 34 Motion for Extension of Time, the defendants shall file a motion for summary judgment on or before December 14, 2021. In addition, the parties shall jointly propose a revised briefing schedule on or before December 10, 2021, which may include additional time for the defendants to file their motion for summary judgment. So Ordered by Judge Dabney L. Friedrich on December 8, 2021. (lcdlf1) (Entered: 12/08/2021)
2021-12-08Set/Reset Deadlines: Revised Briefing schedule due by 12/10/2021. Summary Judgment motions due by 12/14/2021. (zjch, ) (Entered: 12/08/2021)
2021-12-1435Consent MOTION for Extension of Time to File Defendants' Motion for Summary Judgment and Briefing Schedule by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Adebonojo, Kenneth) (Entered: 12/14/2021)
2021-12-15MINUTE ORDER. Upon consideration of the parties' 35 Joint Status Report, it is ORDERED that the following schedule shall govern further proceedings: the defendants shall file a motion for summary judgment on or before January 7, 2022; the plaintiff shall file an opposition and cross-motion for summary judgment on or before February 7, 2022; the defendants shall file a reply and opposition on or before February 28, 2022; and the plaintiff shall file a reply on or before March 22, 2022. So Ordered by Judge Dabney L. Friedrich on December 15, 2021. (lcdlf1) (Entered: 12/15/2021)
2021-12-15Set/Reset Deadlines: Summary Judgment motions due by 1/7/2022. Response to Motion for Summary Judgment due by 2/7/2022. Reply to Motion for Summary Judgment due by 2/28/2022. Cross Motions due by 2/7/2022. Response to Cross Motions due by 2/28/2022. Reply to Cross Motions due by 3/22/2022. (zjch, ) (Entered: 12/15/2021)
2022-01-0736MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Adebonojo, Kenneth) (Entered: 01/07/2022)
2022-01-10MINUTE ORDER. Upon consideration of the defendants' 36 Motion for Extension of Time, it is ORDERED that the following schedule shall govern further proceedings: the defendants shall file a motion for summary judgment on or before January 10, 2022; the plaintiff shall file an opposition and cross-motion for summary judgment on or before February 10, 2022; the defendants shall file a reply and opposition on or before February 28, 2022; and the plaintiff shall file a reply on or before March 22, 2022. So Ordered by Judge Dabney L. Friedrich on January 10, 2022. (lcdlf1) (Entered: 01/10/2022)
2022-01-10Set/Reset Deadlines: Summary Judgment motions due by 1/10/2022. Response to Motion for Summary Judgment due by 2/10/2022. Reply to Motion for Summary Judgment due by 2/28/2022. Cross Motions due by 2/10/2022. Response to Cross Motions due by 2/28/2022. Reply to Cross Motions due by 3/22/2022. (zjch, ) (Entered: 01/10/2022)
2022-01-1037MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Timothy Howard)(Adebonojo, Kenneth) (Entered: 01/10/2022)
2022-02-1038NOTICE of Appearance by Shelley Geiszler on behalf of BUZZFEED, INC. (Geiszler, Shelley) (Entered: 02/10/2022)
2022-02-1039Cross MOTION for Summary Judgment by BUZZFEED, INC.. (Attachments: # 1 Memorandum in Support, # 2 Affidavit Flores Affidavit, # 3 Text of Proposed Order)(Geiszler, Shelley) (Entered: 02/10/2022)
2022-02-1040Memorandum in opposition to re 37 MOTION for Summary Judgment filed by BUZZFEED, INC.. (Attachments: # 1 Affidavit Flores Affidavit, # 2 Text of Proposed Order)(Geiszler, Shelley) (Entered: 02/10/2022)
2022-02-2841MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Adebonojo, Kenneth) (Entered: 02/28/2022)
2022-03-0142NOTICE of Filing by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION (Adebonojo, Kenneth) (Entered: 03/01/2022)
2022-03-01MINUTE ORDER granting the defendants' 41 Motion for Extension of Time. Accordingly, the defendants shall file any reply in support of their 37 Motion for Summary Judgment and opposition to the plaintiff's 39 Cross-Motion for Summary Judgment on or before March 22, 2022. In addition, the plaintiff shall file any reply in support of its motion on or before April 15, 2022. So Ordered by Judge Dabney L. Friedrich on March 1, 2022. (lcdlf1) (Entered: 03/01/2022)
2022-03-2243Consent MOTION for Extension of Time to File an Opposition to Plaintiff's Cross Motion for Summary Judgment and Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Adebonojo, Kenneth) (Entered: 03/22/2022)
2022-03-2544MOTION for Extension of Time to File an Opposition to Plaintiff Cross Motion and Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Adebonojo, Kenneth) (Entered: 03/25/2022)
2022-03-2845NOTICE of Filing of Plaintiff's Consent by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION (Adebonojo, Kenneth) (Entered: 03/28/2022)
2022-03-2846Memorandum in opposition to re 39 Cross MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Adebonojo, Kenneth) (Entered: 03/28/2022)
2022-03-2847REPLY to opposition to motion re 37 MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (See Docket Entry 46 to view document). (zeg) (Entered: 03/31/2022)
2022-04-04MINUTE ORDER granting the 44 government's Motion for Extension of Time. Accordingly, the plaintiff shall file any reply in support of its motion on or before April 21, 2022. So Ordered by Judge Dabney L. Friedrich on April 4, 2022. (lcdlf1) (Entered: 04/04/2022)
2022-04-04Set/Reset Deadlines: Replies due by 4/21/2022. (zjch, ) (Entered: 04/04/2022)
2022-04-2148REPLY to opposition to motion re 39 Cross MOTION for Summary Judgment filed by BUZZFEED, INC.. (Geiszler, Shelley) (Entered: 04/21/2022)
2022-06-2749ORDER granting in part and denying in part defendants' 37 Motion for Summary Judgment and denying plaintiff's 39 Cross-Motion for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on June 27, 2022. (lcdlf3) (Entered: 06/27/2022)
2022-06-2750MEMORANDUM OPINION regarding defendants' 37 Motion for Summary Judgment and plaintiff's 39 Cross-Motion for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on June 27, 2022. (lcdlf3) (Entered: 06/27/2022)
2022-07-1151MOTION for Extension of Time to File Defendants' Supplemental Declaration by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Adebonojo, Kenneth) (Entered: 07/11/2022)
2022-07-11MINUTE ORDER granting the government's 51 Motion for Extension of Time. Accordingly, the government shall file its Supplemental Declaration on or before July 26, 2022. So Ordered by Judge Dabney L. Friedrich on July 11, 2022. (lcdlf1) (Entered: 07/11/2022)
2022-07-11Set/Reset Deadlines: Supplemental Declarations due by 7/26/2022. (zjch, ) (Entered: 07/11/2022)
2022-07-2652NOTICE of Filing of Defendants' Supplemental Declarations by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION re 50 Memorandum & Opinion, Terminate Deadlines (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Adebonojo, Kenneth) (Entered: 07/26/2022)
2022-07-27MINUTE ORDER requiring the parties to file, on or before August 1, 2022, a joint motion proposing a briefing schedule to address the remaining issues. So Ordered by Judge Dabney L. Friedrich on July 27, 2022. (lcdlf1) (Entered: 07/27/2022)
2022-08-0153Joint MOTION for Briefing Schedule by BUZZFEED, INC.. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 08/01/2022)
2022-08-01MINUTE ORDER granting the parties' 53 Joint Motion for Briefing Schedule. The defendant shall file any renewed motion for summary judgment on or before September 1, 2022, and the plaintiff shall file any response and cross-motion for summary judgment on or before October 3, 2022. So Ordered by Judge Dabney L. Friedrich on August 1, 2022. (lcdlf1) (Entered: 08/01/2022)
2022-08-3154Consent MOTION for Extension of Time to File Defendants' Renewed Motion for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Adebonojo, Kenneth) (Entered: 08/31/2022)
2022-09-01MINUTE ORDER granting the defendant's 54 Consent Motion for Extension of Time. Accordingly, the defendant shall file any renewed motion for summary judgment on or before September 8, 2022, and the plaintiff shall file any response and cross-motion for summary judgment on or before October 10, 2022. So Ordered by Judge Dabney L. Friedrich on September 1, 2022. (lcdlf1) (Entered: 09/01/2022)
2022-09-0855Consent MOTION for Extension of Time to File Defendants' Renewed Motion for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Adebonojo, Kenneth) (Entered: 09/08/2022)
2022-09-08MINUTE ORDER granting the defendants' 55 Motion for Extension of Time. Defendants shall file any renewed motion for summary judgment on or before September 15, 2022, and plaintiff shall file any response or dispositive motion on or before October 17, 2022. So Ordered by Judge Dabney L. Friedrich on September 8, 2022. (lcdlf1) (Entered: 09/08/2022)
2022-09-1556MOTION for Extension of Time to File Defendants' Renewed Motion for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Adebonojo, Kenneth) (Entered: 09/15/2022)
2022-09-16MINUTE ORDER granting the defendants' 56 Motion for Extension of Time. Defendants' renewed motion for summary judgment is due by September 20, 2022, and Plaintiff's response or dispositive motion is due by October 22, 2022. So Ordered by Judge Dabney L. Friedrich on September 16, 2022. (lcdlf1) (Entered: 09/16/2022)
2022-09-2057MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C)(Adebonojo, Kenneth) (Entered: 09/20/2022)
2022-10-2158Cross MOTION for Summary Judgment by BUZZFEED, INC.. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Statement of Facts Response to Statement of Facts, # 4 Text of Proposed Order)(Topic, Matthew) (Entered: 10/21/2022)
2022-10-2159Memorandum in opposition to re 57 Motion for Summary Judgment, filed by BUZZFEED, INC.. (Attachments: # 1 Statement of Facts, # 2 Statement of Facts Response to Statement of Facts, # 3 Text of Proposed Order)(Topic, Matthew) (Entered: 10/21/2022)
2022-11-18MINUTE ORDER. On October 21, 2022, the plaintiff filed a 58 cross-motion for summary judgment, to which the defendants have not responded. The Court directs the defendants' attention to Local Rule 7(b), which states that if a party does not file an opposition to a motion within 14 days, "the Court may treat the motion as conceded," and to Local Rule 7(h), which states that "the Court may assume that the facts identified by the moving party in its statement of material facts are admitted, unless such a fact is controverted in the statement of genuine issues filed in opposition to the motion." LCvR 7(b), (h). In light of the parties' 53 Joint Motion Proposing Briefing Schedule (stating that the parties "d[id] not... seek reply briefs"), the defendants are ORDERED to clarify whether they seek to file an opposition to the plaintiff's 58 cross-motion for summary judgment or concede the plaintiff's statement of facts. If the defendants do wish to file an opposition, they shall do so on or before December 2, 2022. So Ordered by Judge Dabney L. Friedrich on November 18, 2022. (lcdlf1) (Entered: 11/18/2022)
2022-12-0160Consent MOTION for Extension of Time to File Defendants' Opposition to Plaintiff's Cross Motion for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Adebonojo, Kenneth) (Entered: 12/01/2022)
2022-12-01MINUTE ORDER granting the defendants' 60 Consent Motion for Extension of Time. The defendants shall file their opposition to the plaintiff's 58 cross-motion for summary judgment on or before December 23, 2022. So Ordered by Judge Dabney L. Friedrich on December 1, 2022. (lcdlf1) (Entered: 12/01/2022)
2022-12-2361Consent MOTION for Extension of Time to File Defendants' Opposition to Plaintiff's Cross-Motion and Reply by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Adebonojo, Kenneth) (Entered: 12/23/2022)
2022-12-27MINUTE ORDER granting the defendants' 61 Consent Motion for Extension of Time. The defendants shall file their opposition to the plaintiff's 58 cross-motion for summary judgment on or before January 10, 2023. So Ordered by Judge Dabney L. Friedrich on December 27, 2022. (lcdlf1) (Entered: 12/27/2022)
2022-12-27Set/Reset Deadlines: Response to Cross Motions due by 1/10/2023. (zjch, ) (Entered: 12/27/2022)
2023-01-1062Consent MOTION for Extension of Time to File Defendants' Opposition to Plaintiff's Cross-Motion and Reply by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Adebonojo, Kenneth) (Entered: 01/10/2023)
2023-01-11MINUTE ORDER granting the defendants' 62 Consent Motion for Extension of Time. The defendants shall file their opposition to the plaintiff's 58 cross-motion for summary judgment on or before January 13, 2023. So Ordered by Judge Dabney L. Friedrich on January 11, 2023. (lcdlf1) (Entered: 01/11/2023)
2023-01-11Set/Reset Deadlines: Response to Cross Motions due by 1/13/2023. (zjch, ) (Entered: 01/11/2023)
2023-01-1363Consent MOTION for Extension of Time to File Defendants' Opposition to Plaintiff's Cross Motion and Reply by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Adebonojo, Kenneth) (Entered: 01/13/2023)
2023-01-17MINUTE ORDER granting the defendants' 63 Consent Motion for Extension of Time. The defendants shall file their opposition to the plaintiff's 58 cross-motion for summary judgment by the end of the day today. So Ordered by Judge Dabney L. Friedrich on January 17, 2023. (lcdlf1) (Entered: 01/17/2023)
2023-01-1764Consent MOTION for Extension of Time to File Defendants' Opposition to Plaintiff's Cross-Motion for Summary Judgment and Reply by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Adebonojo, Kenneth) (Entered: 01/17/2023)
2023-01-18MINUTE ORDER granting the defendants' 64 Consent Motion for Extension of Time. The defendants shall file their opposition to the plaintiff's 58 cross-motion for summary judgment on or before January 20, 2023. The Court is not inclined to grant any further extensions absent extraordinary circumstances. So Ordered by Judge Dabney L. Friedrich on January 18, 2023. (lcdlf1) (Entered: 01/18/2023)
2023-01-2065Memorandum in opposition to re 58 Motion for Summary Judgment and Reply filed by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Statement of Facts Response)(Adebonojo, Kenneth) (Entered: 01/20/2023)
2023-01-2066REPLY to opposition to motion re 57 MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (See Docket Entry 65 to view document). (zed) (Entered: 01/23/2023)
2023-02-2167NOTICE of Appearance by Merrick Jason Wayne on behalf of BUZZFEED, INC. (Wayne, Merrick) (Entered: 02/21/2023)
2023-02-22RESOLVED...NOTICE of Provisional/Government Not Certified Status re NOTICE of Appearance by Merrick Jason Wayne on behalf of BUZZFEED INC., JASON LEOPOLD (Wayne, Merrick), Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 3/1/2023. (zbaj) Modified on 2/23/2023 (znmw). Modified on 3/2/2023 (zbaj). (Entered: 02/22/2023)
2023-08-1068ORDER granting in part and denying in part the defendants' 57 Motion for Summary Judgment and denying the plaintiff's 58 Cross Motion for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on August 10, 2023. (lcdlf2) (Entered: 08/10/2023)
2023-08-1069MEMORANDUM OPINION regarding the defendants' 57 Motion for Summary Judgment and the plaintiff's 58 Cross Motion for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on August 10, 2023. (lcdlf2) (Entered: 08/10/2023)
2023-08-2470Consent MOTION for Extension of Time to File Defendants' Declaration by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Adebonojo, Kenneth) (Entered: 08/24/2023)
2023-08-24MINUTE ORDER. Upon consideration of the defendants' 70 Motion to Enlarge Time, the motion is GRANTED. The defendants shall file their Declaration on or before August 31, 2023. The parties shall file a Joint Status Report on or before September 7, 2023. So Ordered by Judge Dabney L. Friedrich on August 24, 2023. (lcdlf1) (Entered: 08/24/2023)
2023-08-24Set/Reset Deadlines: Joint Status Report due by 9/7/2023. (zsmc) (Entered: 08/25/2023)
2023-08-3171Consent MOTION for Extension of Time to File Defendants' Declaration by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Adebonojo, Kenneth) (Entered: 08/31/2023)
2023-09-01MINUTE ORDER. Upon consideration of the defendants' 71 Motion to Enlarge Time, the motion is GRANTED. The defendants shall file their declaration on or before September 21, 2023. The parties shall file their Joint Status Report on or before September 28, 2023. So Ordered by Judge Dabney L. Friedrich on September 1, 2023. (lcdlf1) (Entered: 09/01/2023)
2023-09-01Set/Reset Deadlines: Defendants' Declaration due by 9/21/2023. Status Report due by 9/28/2023. (lcdlf1) (Entered: 09/01/2023)
2023-09-2172NOTICE of Filing of Defendants' Declaration by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Declaration)(Adebonojo, Kenneth) (Entered: 09/21/2023)
2023-09-2873Joint STATUS REPORT by BUZZFEED, INC.. (Wayne, Merrick) (Entered: 09/28/2023)
2023-10-02MINUTE ORDER. Upon consideration of the parties' 73 Joint Status Report, it is ORDERED that the parties shall file a joint status report on or before October 31, 2023. So Ordered by Judge Dabney L. Friedrich on October 2, 2023. (lcdlf1) (Entered: 10/02/2023)
2023-10-02Set/Reset Deadlines: Status Report due by 10/31/2023 (zjch, ) (Entered: 10/03/2023)
2023-10-3174Joint STATUS REPORT by BUZZFEED, INC.. (Wayne, Merrick) (Entered: 10/31/2023)
2023-10-31MINUTE ORDER. Upon consideration of the parties' 74 Status Report, it is ORDERED that the parties shall submit a status report on or before November 7, 2023. So Ordered by Judge Dabney L. Friedrich on October 31, 2023. (lcdlf1) (Entered: 10/31/2023)
2023-11-01NOTICE OF ERROR re 74 Status Report; emailed to merrick@loevy.com, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following for future filings; do not refile document , 2. Signature of filer must match the name on the PACER account. (mg, ) (Entered: 11/01/2023)
2023-11-0775Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION. (Adebonojo, Kenneth) (Entered: 11/07/2023)
2023-11-07MINUTE ORDER. Upon consideration of the parties' 75 Status Report, the parties shall submit a joint status report on or before February 6, 2024. So Ordered by Judge Dabney L. Friedrich on November 7, 2023. (lcdlf1) (Entered: 11/07/2023)
2024-02-0676Joint STATUS REPORT by BUZZFEED, INC.. (Wayne, Merrick) (Entered: 02/06/2024)
2024-02-06MINUTE ORDER. Upon consideration of the parties' 76 Status Report, the parties shall file a joint status report on or before May 7, 2024, unless this case is dismissed before that time. So Ordered by Judge Dabney L. Friedrich on February 6, 2024. (lcdlf1) (Entered: 02/06/2024)
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