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Case TitleAl Otro Lado, Inc. v. US Customs and Border Protection et al
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2022cv01450
Date Filed2022-03-03
Date ClosedOpen
JudgeJudge Dale S. Fischer
PlaintiffAl Otro Lado
Case DescriptionAl Otro Lado submitted a FOIA request to U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement for records concerning the treatment and processing of migrants injured from falling from the border wall at the southern border. Al Otro Lado also requested expedited processing. The agencies acknowledged receipt of the requests. The agencies denied Al Otro Lado's request for expedited processing. After hearing nothing further from the agencies, Al Otro Lado filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Expedited processing, Litigation - Attorney's fees

DefendantU.S. Customs and Border Protection
DefendantU.S. Immigration and Customs Enforcement
DefendantU.S. Immigration and Customs Enforcement
TERMINATED: 01/18/2023
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [17]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-03-031COMPLAINT Receipt No: ACACDC-32886850 - Fee: $402, filed by Plaintiff Al Otro Lado, Inc.. (Attachments: # 1 Exhibit 1 - Original FOIA Request) (Attorney Douglas Eugene Hewlett, Jr added to party Al Otro Lado, Inc.(pty:pla))(Hewlett, Douglas) (Entered: 03/03/2022)
2022-03-032CIVIL COVER SHEET filed by Plaintiff Al Otro Lado, Inc.. (Hewlett, Douglas) (Entered: 03/03/2022)
2022-03-033CERTIFICATE of Interested Parties filed by Plaintiff Al Otro Lado, Inc., (Hewlett, Douglas) (Entered: 03/03/2022)
2022-03-034Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Al Otro Lado, Inc.. (Attachments: # 1 Complaint 1 , # 2 Exhibit 1 to the Complaint [1-1], # 3 Civil Cover Sheet 2 , # 4 Certificate of Interested Parties 3 )(Hewlett, Douglas) (Entered: 03/03/2022)
2022-03-035Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Al Otro Lado, Inc.. (Attachments: # 1 Complaint 1 , # 2 Exhibit 1 to the Complaint [1-1], # 3 Civil Cover Sheet 2 , # 4 Certificate of Interested Parties 3 )(Hewlett, Douglas) (Entered: 03/03/2022)
2022-03-046NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Alexander F. MacKinnon. (lh) (Entered: 03/04/2022)
2022-03-047NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) (Entered: 03/04/2022)
2022-03-048Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) (Entered: 03/04/2022)
2022-03-049STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (rfi) (Entered: 03/04/2022)
2022-03-041030 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant U.S. Customs and Border Protection. (lh) (Entered: 03/04/2022)
2022-03-041130 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant U.S. Immigration and Customs Enforcement. (lh) (Entered: 03/04/2022)
2022-03-0412NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney David L. Dubrow. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) (Entered: 03/04/2022)
2022-03-0413NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Andrew Dykens. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) (Entered: 03/04/2022)
2022-03-0914RESPONSE filed by Pro Hac Vice attorney David L. Dubrow on behalf of Plaintiff Al Otro Lado. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case. (lt) (Entered: 03/09/2022)
2022-03-1015RESPONSE filed by Pro Hac Vice attorney Andrew Dykens on behalf of Plaintiff Al Otro Lado. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case. (lt) (Entered: 03/10/2022)
2022-03-3016NOTICE of Appearance filed by attorney Derek Ha on behalf of Plaintiff Al Otro Lado (Attorney Derek Ha added to party Al Otro Lado(pty:pla))(Ha, Derek) (Entered: 03/30/2022)
2022-07-0717Order to Show Cause by Judge Dale S. Fischer re Dismissal for Lack of Prosecution. Plaintiff is ordered to show cause no later than 7/21/2022, why the unserved defendant should not be dismissed for failure to prosecute. See Order for specifics. (jp) (Entered: 07/08/2022)
2022-07-2118PROOF OF SERVICE Executed by Plaintiff Al Otro Lado, upon Defendant U.S. Customs and Border Protection served on 7/20/2022, answer due 9/19/2022. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Flabia De La Rosa. Executed upon the Attorney Generals Office of the United States by unspecified means. Executed upon the officer agency or corporation by unspecified means. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Certified Mail Service to the Attorney General of the United States Department of Justice and U.S. Customs and Border Protection was served on July 19, 2022 (return receipt has not yet been received). (Hewlett, Douglas) (Entered: 07/21/2022)
2022-07-2119PROOF OF SERVICE Executed by Plaintiff Al Otro Lado, upon Defendant U.S. Immigration and Customs Enforcement served on 7/20/2022, answer due 9/19/2022. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Flabia De La Rosa. Executed upon the Attorney Generals Office of the United States by unspecified means. Executed upon the officer agency or corporation by unspecified means. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Certified Mail Service to the Attorney General of the United States Department of Justice and U.S. Immigration and Customs Enforcement was served on July 19, 2022 (return receipt has not yet been received). (Hewlett, Douglas) (Entered: 07/21/2022)
2022-09-1920STIPULATION for Extension of Time to File Answer to 11/18/22 re Complaint (Attorney Civil Case Opening) 1 filed by DEFENDANTS U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Attorney Jason K Axe added to party U.S. Customs and Border Protection(pty:dft), Attorney Jason K Axe added to party U.S. Immigration and Customs Enforcement(pty:dft))(Axe, Jason) (Entered: 09/19/2022)
2022-09-2021ORDER by Judge Dale S. Fischer Extending Time for Defendants to Respond to Plaintiff's Complaint 20 up to and including 11/18/2022. (jp) (Main Document 21 replaced on 10/11/2022) (jp). (Entered: 09/20/2022)
2022-10-1122NOTICE OF CLERICAL ERROR: Due to clerical error Re: Document No. 21 was not properly flattened. The clerk will replace with a flattened version. (jp) (Entered: 10/11/2022)
2022-11-1823STIPULATION for Extension of Time to File Answer to 11/18/23 re Complaint (Attorney Civil Case Opening) 1 filed by DEFENDANTS U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 11/18/2022)
2022-11-1824ORDER EXTENDING TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFFS COMPLAINT 23 by Judge Dale S. Fischer. IT IS SO ORDERED that Defendants shall have an extension of time, up to and including January 18, 2023 within which to answer, plead, or otherwise respond to Plaintiffs Complaint. IT IS SO ORDERED. (rolm) (Entered: 11/19/2022)
2023-01-1825NOTICE OF DISMISSAL filed by Plaintiff Al Otro Lado pursuant to FRCP 41a(1) as to U.S. Immigration and Customs Enforcement. (Hewlett, Douglas) (Entered: 01/18/2023)
2023-01-1826STIPULATION for Extension of Time to File Answer to 2/17/23 re Complaint (Attorney Civil Case Opening) 1 filed by DEFENDANTS U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 01/18/2023)
2023-01-1927ORDER by Judge Dale S. Fischer Extending Time for Defendant U.S. Customs and Border Protection to Respond to Complaint 26 up to and including 2/17/2023. (jp) (Entered: 01/19/2023)
2023-02-2428STIPULATION for Extension of Time to File Answer to 3/27/2023 re Complaint (Attorney Civil Case Opening) 1 filed by DEFENDANTS U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 02/24/2023)
2023-02-2429ORDER by Judge Dale S. Fischer Extending Time for Defendant U.S. Customs and Border Protection to Respond to Complaint 28 up to and including 3/27/2023. (jp) (Entered: 02/24/2023)
2023-03-2730STIPULATION for Extension of Time to File Answer to May 11, 2023 re Complaint (Attorney Civil Case Opening) 1 filed by DEFENDANT U.S. Customs and Border Protection. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 03/27/2023)
2023-03-2831ORDER EXTENDING TIME FOR DEFENDANT U.S. CUSTOMS AND BORDER PROTECTION TO RESPOND TO COMPLAINT 30 by Judge Dale S. Fischer. See order for specifics. (lom) (Entered: 03/28/2023)
2023-05-1732STIPULATION for Extension of Time to File Answer to 06/15/2023 re Complaint (Attorney Civil Case Opening) 1 filed by Defendant U.S. Customs and Border Protection. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 05/17/2023)
2023-05-1733ORDER by Judge Dale S. Fischer Extending Time for Defendant U.S. Customs and Border Protection to Respond to Complaint 32 up to and including 6/15/2023. (jp) (Entered: 05/17/2023)
2023-06-2234STIPULATION for Extension of Time to File Answer to 7/17/23 re Complaint (Attorney Civil Case Opening) 1 filed by Defendant U.S. Customs and Border Protection. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 06/22/2023)
2023-06-2235ORDER EXTENDING TIME FOR DEFENDANT U.S. CUSTOMS AND BORDER PROTECTION TO RESPOND TO COMPLAINT granting Stipulation 34 by Judge Dale S. Fischer: IT IS SO ORDERED that Defendant U.S. Customs and Border Protection shall have an extension of time, up to and including July 17, 2023 within which to answer, plead, or otherwise respond to Plaintiff's Complaint. (bm) (Entered: 06/22/2023)
2023-07-1836STIPULATION for Extension of Time to File Answer to August 31, 2023 re Complaint (Attorney Civil Case Opening) 1 filed by Defendant U.S. Customs and Border Protection. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 07/18/2023)
2023-07-1837ORDER by Judge Dale S. Fischer Extending Time for Defendant U.S. Customs and Border Protection to Respond to Complaint 36 up to and including 8/31/2023. (jp) (Entered: 07/18/2023)
2023-09-1238STIPULATION for Extension of Time to File Answer to 10/27/23 re Complaint (Attorney Civil Case Opening) 1 filed by Defendant U.S. Customs and Border Protection. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 09/12/2023)
2023-09-1239ORDER by Judge Dale S. Fischer Extending Time for Defendant U.S. Customs and Border Protection to Respond to Complaint 38 up to and including 10/27/23. (aco) (Entered: 09/12/2023)
2023-10-2740STIPULATION for Extension of Time to File Answer to 12/18/2023 re Complaint (Attorney Civil Case Opening) 1 , Stipulation to Extend Time to Answer (More than 30 days) 38 filed by defendant U.S. Customs and Border Protection. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 10/27/2023)
2023-10-3041ORDER by Judge Dale S. Fischer Extending Time for Defendant U.S. Customs and Border Protection to Respond to Complaint 40 up to and including 12/18/2023. (jp) (Entered: 10/30/2023)
2023-12-1842STIPULATION for Extension of Time to File Answer to January 29, 2024 re Complaint (Attorney Civil Case Opening) 1 filed by Defendant U.S. Customs and Border Protection. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 12/18/2023)
2023-12-1943ORDER by Judge Dale S. Fischer Extending Time for Defendant U.S. Customs and Border Protection to Respond to Complaint 42 , up to and including 1/29/2024. (jp) (Entered: 12/19/2023)
2024-01-3044STIPULATION for Extension of Time to File Answer to 3/29/24 re Complaint (Attorney Civil Case Opening) 1 filed by Defendant U.S. Customs and Border Protection. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 01/30/2024)
2024-01-3145ORDER by Judge Dale S. Fischer Extending Time for Defendant U.S. Customs and Border Protection to Respond to Complaint 44 up to and including 3/29/2024. (jp) (Entered: 01/31/2024)
2024-03-1246NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Magistrate Judge A. Joel Richlin for any discovery and/or post-judgment matters that may be referred. Case number will now read as 2:22-cv-01450-DSF-AJRx. (cbr) (Entered: 03/13/2024)
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