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Case TitleLlamas et al v. U.S. Immigration and Customs Enforcement et al
DistrictMiddle District of Florida
CityOrlando
Case Number6:2020cv02264
Date Filed2020-12-13
Date Closed2021-10-20
JudgeJudge Anne C. Conway
PlaintiffNoelle Llamas
PlaintiffKen Klippenstein
Case DescriptionNoelle Llamas and Ken Klippenstein, a correspondent for The Nation, submitted two FOIA requests to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, the Department of State, the FBI, the Defense Intelligence Agency, the Office of Intelligence and Analysis, the Department of Energy, and the Cybersecurity and Infrastructure Security Agency for records concerning intelligence products and corresponding metadata. Llamas and Klippenstein also requested a fee waiver. The agencies acknowledged receipt of the requests. However, after hearing nothing further from any of the agencies, Llamas and Klippenstein filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Immigration and Customs Enforcement
DefendantU.S. Customs and Border Protection
DefendantU.S. Department of State
DefendantFederal Bureau of Investigation
DefendantDefense Intelligence Agency (DIA)
DefendantOffice of Intelligence and Analysis
DefendantU.S. Department of Energy
DefendantCybersecurity and Infrastructure Security Agency
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-12-131COMPLAINT against All Defendants (Filing fee $ 402 receipt number 113A-17656517) filed by Ken Klippernstein and Noelle Llamas. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons State, # 3 Proposed Summons ICE, # 4 Proposed Summons I&A, # 5 Proposed Summons FBI, # 6 Proposed Summons DOE, # 7 Proposed Summons DIA, # 8 Proposed Summons CISA, # 9 Proposed Summons CBP, # 10 Proposed Summons Barr, # 11 Proposed Summons AUSA)(Bourdon, Elizabeth) Modified text on 12/14/2020 (TNP). (Entered: 12/13/2020)
2020-12-142NEW CASE ASSIGNED to Judge Anne C. Conway and Magistrate Judge Daniel C. Irick. New case number: 6:20-cv-2264-Orl-22DCI. (SJB) (Entered: 12/14/2020)
2020-12-143SUMMONS issued as to Cybersecurity and Infrastructure Security Agency, Defense Intelligence Agency (DIA), Federal Bureau of Investigation, Office of Intelligence and Analysis, U.S. Customs and Border Protection, U.S. Department of Energy, U.S. Department of State, U.S. Immigration and Customs Enforcement, U.S. Attorney and U.S. Attorney General. (TNP) (Entered: 12/14/2020)
2020-12-144RELATED CASE ORDER, NOTICE OF DESIGNATION under Local Rule 3.05-Track 2, INTERESTED PERSONS ORDER and ORDER Requiring Electronic Filing. Notice of pendency of other actions due by 12/28/2020. Certificate of interested persons and corporate disclosure statement due by 12/28/2020. Signed by Judge Anne C. Conway on 12/14/2020. (counsel emailed)(AKC) (Entered: 12/14/2020)
2020-12-195NOTICE of pendency of related cases per Local Rule 1.04(d) re 4 Related Case Order by Ken Klippenstein, Noelle Llamas. Related case(s): no (Bourdon, Elizabeth) Modified on 12/21/2020 (RDO). (Entered: 12/19/2020)
2020-12-196CERTIFICATE OF INTERESTED PERSONS and CORPORATE Disclosure Statement re 4 Interested Persons Order by Ken Klippenstein, Noelle Llamas. (Bourdon, Elizabeth) Modified on 12/21/2020 (RDO). (Entered: 12/19/2020)
2021-01-157Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by All Defendants. (Smart, Adam) Motions referred to Magistrate Judge Daniel C. Irick. (Entered: 01/15/2021)
2021-01-158RELATED CASE ORDER, INTERESTED PERSONS ORDER and ORDER Requiring Electronic Filing for Defendants. Notice of pendency of other actions due by 1/29/2021. Certificate of interested persons and corporate disclosure statement due by 1/29/2021. Signed by Judge Anne C. Conway on 1/15/2021. (counsel mailed/emailed)(AKC) (Entered: 01/15/2021)
2021-01-199ENDORSED ORDER granting 7 Unopposed Motion for Extension of Time. On or before 2/18/2021, Defendants shall respond to the Complaint. Signed by Magistrate Judge Daniel C. Irick on 1/19/2021. (Irick, Daniel) (Entered: 01/19/2021)
2021-01-1910NOTICE of pendency of related cases re 8 Related case/interested persons/ECF-2 per Local Rule 1.04(d) by Cybersecurity and Infrastructure Security Agency, Defense Intelligence Agency (DIA), Federal Bureau of Investigation, Office of Intelligence and Analysis, U.S. Customs and Border Protection, U.S. Department of Energy. Related case(s): y (Smart, Adam) (Entered: 01/19/2021)
2021-01-2711CERTIFICATE of interested persons and corporate disclosure statement re 8 Related case/interested persons/ECF-2 by Cybersecurity and Infrastructure Security Agency, Defense Intelligence Agency (DIA), Federal Bureau of Investigation, Office of Intelligence and Analysis, U.S. Customs and Border Protection, U.S. Department of Energy, U.S. Department of State, U.S. Immigration and Customs Enforcement. (Smart, Adam) (Entered: 01/27/2021)
2021-01-2712Unopposed MOTION for Miscellaneous Relief, specifically Redesignate Case as Track One by All Defendants. (Smart, Adam) (Entered: 01/27/2021)
2021-02-0313ORDER granting in part and denying in part 12 Motion Re-Designate Case Track. The Motion is denied as moot to the extent the parties seek a different "track" designation. Motion is granted to the extent the parties are granted until 4/30/21 to file a case management report. Signed by Judge Anne C. Conway on 2/2/2021. (copies mailed/emailed0 (AKC) (Entered: 02/03/2021)
2021-02-04Set/reset deadlines/hearings: Case management report due by 4/30/2021 (RDO) (Entered: 02/04/2021)
2021-02-1814ANSWER and affirmative defenses to 1 Complaint by Cybersecurity and Infrastructure Security Agency, Defense Intelligence Agency (DIA), Federal Bureau of Investigation, Office of Intelligence and Analysis, U.S. Customs and Border Protection, U.S. Department of Energy, U.S. Department of State, U.S. Immigration and Customs Enforcement.(Smart, Adam) (Entered: 02/18/2021)
2021-04-2715CASE MANAGEMENT REPORT. (Smart, Adam) (Entered: 04/27/2021)
2021-05-1116CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 5/30/2021 Dispositive motions: Defendant's opening motion for summary judgment by 11/5/2021; Plaintiff's combined cross motion for summary judgment and response to defendant's motion by 12/6/21; defendant's combined response to plaintiff's motion for summary judgment and reply to plaintiff's response by 1/7/22; Plaintiff's reply to defendant's response to plaintiff's cross motion for summary judgment by 1/21/22. Settlement conference before Magistrate to be held by 3/1/2022. Magistrate Judge will schedule by separate notice allowing for the parties requested timing in paragraph 10 of Doc. No. 15. Signed by Judge Anne C. Conway on 5/11/2021. (counsel emailed)(AKC) (Entered: 05/11/2021)
2021-05-11Magistrate Judge Leslie R. Hoffman added. (AKC) (Entered: 05/11/2021)
2021-05-1117ORDER re (Doc. 16 ). On or before June 1, 2021, the parties shall file a Joint Notice providing the undersigned with four (4) proposed dates for the settlement conference, to occur within the confines of the timing as stated in the Case Management Report and by the March 1, 2022 deadline set forth by the Court. Signed by Magistrate Judge Leslie R. Hoffman on 5/11/2021. (MKH) (Entered: 05/11/2021)
2021-06-0118JOINT NOTICE of Proposed Settlement Conference Dates by Cybersecurity and Infrastructure Security Agency, Defense Intelligence Agency (DIA), Federal Bureau of Investigation, Office of Intelligence and Analysis, U.S. Customs and Border Protection, U.S. Department of Energy, U.S. Department of State, U.S. Immigration and Customs Enforcement re 17 Order. (Smart, Adam) Modified on 6/2/2021 (RDO). (Entered: 06/01/2021)
2021-06-0219ORDER Setting Settlement Conference. Settlement Conference set for 2/3/2022 at 10:00 AM in Orlando Courtroom 5D before Magistrate Judge Leslie R. Hoffman. See Order for additional requirements and details. Signed by Magistrate Judge Leslie R. Hoffman on 6/2/2021. (MKH) (Entered: 06/02/2021)
2021-10-1520Joint MOTION to Stay by Cybersecurity and Infrastructure Security Agency, Defense Intelligence Agency (DIA), Federal Bureau of Investigation, Office of Intelligence and Analysis, U.S. Customs and Border Protection, U.S. Department of Energy, U.S. Department of State, U.S. Immigration and Customs Enforcement. (Smart, Adam) (Entered: 10/15/2021)
2021-10-2021ORDER granting 20 Motion to Stay. The clerk is directed to administratively close the case and terminate all pending motions. Parties are ordered to file a status report by 1/19/22 and every 90 days thereafter. Signed by Judge Anne C. Conway on 10/20/2021. (copies mailed/emailed) (AKC) (Entered: 10/20/2021)
2021-10-20Set deadline: Status Report due by 1/19/2022. (TNP) (Entered: 10/21/2021)
2021-10-2622Notice of substitution of AUSA. Julie Posteraro substituting for Adam R. Smart. (Posteraro, Julie) (Entered: 10/26/2021)
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by FOIA Project Staff
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