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Case TitleNATIONAL POLICE ASSOCIATION, INC. v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01724
Date Filed2022-06-15
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffNATIONAL POLICE ASSOCIATION, INC.
Case DescriptionThe National Police Association submitted a FOIA request to U.S. Customs and Border Protection for records concerning investigative work done by the Office of the Inspector General for CPB pertaining to an incident in which a CPB agent alleged whipped migrants. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the National Police Association filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY
DefendantCUSTOMS AND BORDER PROTECTION
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
Complaint attachment 12
Complaint attachment 13
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-06-151COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9310673) filed by NATIONAL POLICE ASSOCIATION. (Attachments: # 1 Summons to DHS, # 2 Summons to CBP, # 3 Summons to USAG, # 4 Summons to USAO, # 5 Civil Cover Sheet, # 6 Exhibit One, # 7 Exhibit Two, # 8 Exhibit Three, # 9 Exhibit Four, # 10 Exhibit Five, # 11 Exhibit Six, # 12 Exhibit Seven, # 13 Exhibit Eight)(Sorenson, C.) (Attachment 5 replaced on 6/16/2022) (znmg). Modified on 6/16/2022 to replace fillable civil cover sheet (znmg). (Entered: 06/15/2022)
2022-06-16Case Assigned to Judge Carl J. Nichols. (znmg) (Entered: 06/16/2022)
2022-06-162SUMMONS (4) Issued Electronically as to CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 06/16/2022)
2022-06-223STANDING ORDER. Signed by Judge Carl J. Nichols on June 22, 2022. (lccjn2) (Entered: 06/22/2022)
2022-07-274ANSWER to Complaint by CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Tepe, Sean) (Entered: 07/27/2022)
2022-07-29MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. Pursuant to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before August 19, 2022. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiff's request[s] and any discussions regarding whether Plaintiff's request[s] can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on July 29, 2022. (lccjn2) (Entered: 07/29/2022)
2022-07-29Set/Reset Deadlines: Joint Status Report due by 8/19/2022. (zcal) (Entered: 08/01/2022)
2022-08-195Joint STATUS REPORT by CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Tepe, Sean) (Entered: 08/19/2022)
2022-08-22MINUTE ORDER. Upon review of the parties' 5 Joint Status Report, it is ORDERED that the parties shall file an additional joint status report on or before October 18, 2022, and every 60 days thereafter. Signed by Judge Carl J. Nichols on August 22, 2022. (lccjn2) (Entered: 08/22/2022)
2022-08-22Set/Reset Deadlines: Joint Status Report due by 10/18/2022. (zcal) (Entered: 08/23/2022)
2022-10-186Joint STATUS REPORT by CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Tepe, Sean) (Entered: 10/18/2022)
2022-11-037RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/27/2022. Answer due for ALL FEDERAL DEFENDANTS by 7/27/2022. (Sorenson, C.) (Entered: 11/03/2022)
2022-11-038RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CUSTOMS AND BORDER PROTECTION served on 6/29/2022; UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 6/23/2022, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/27/2022. (See Docket Entry 7 to view document). (zed) (Entered: 11/07/2022)
2022-12-199Joint STATUS REPORT by CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Tepe, Sean) (Entered: 12/19/2022)
2023-02-1710Joint STATUS REPORT by CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Tepe, Sean) (Entered: 02/17/2023)
2023-03-0611MOTION for Order by NATIONAL POLICE ASSOCIATION, INC.. (Attachments: # 1 Text of Proposed Order, # 2 Declaration Hutchison, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Declaration Sorenson, # 13 Memorandum in Support)(Sorenson, C.) (Entered: 03/06/2023)
2023-03-1512Joint MOTION for Extension of Time to Extend Briefing Deadlines by NATIONAL POLICE ASSOCIATION, INC.. (Attachments: # 1 Text of Proposed Order)(Sorenson, C.) (Entered: 03/15/2023)
2023-03-16MINUTE ORDER. Upon review of the 12 Joint Motion to Extend Briefing Deadlines, it is ORDERED that the Motion is GRANTED. Defendants shall file their opposition to Plaintiff's motion to establish a rate of production on or before March 30, 2023, and Plaintiff shall file a reply, if any, on or before April 20, 2023. Signed by Judge Carl J. Nichols on March 16, 2023. (lccjn2) (Entered: 03/16/2023)
2023-03-3013Memorandum in opposition to re 11 Motion for Order, filed by CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Pavlik-Keenan Declaration, # 2 Howard Declaration)(Tepe, Sean) (Entered: 03/30/2023)
2023-04-1414Joint STATUS REPORT by CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Tepe, Sean) (Entered: 04/14/2023)
2023-04-1915REPLY to opposition to motion re 11 MOTION for Order filed by NATIONAL POLICE ASSOCIATION, INC.. (Attachments: # 1 Exhibit 10)(Sorenson, C.) (Entered: 04/19/2023)
2023-06-1416Joint STATUS REPORT by CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Tepe, Sean) (Entered: 06/14/2023)
2023-08-1117Joint STATUS REPORT by CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Tepe, Sean) (Entered: 08/11/2023)
2023-10-1018Joint STATUS REPORT by CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Tepe, Sean) (Entered: 10/10/2023)
2023-11-2119NOTICE OF SUBSTITUTION OF COUNSEL by Tabitha Bartholomew on behalf of All Defendants Substituting for attorney Sean Tepe (Bartholomew, Tabitha) (Entered: 11/21/2023)
2023-11-2720Joint STATUS REPORT by CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Bartholomew, Tabitha) (Entered: 11/27/2023)
2024-02-26MINUTE ORDER. It is ORDERED that Plaintiff's 11 Motion for Order Is DENIED in light of Plaintiff's request (contained in the Parties' 20 Joint Status Report) to withdraw the motion. So ORDERED by Judge Carl J. Nichols on February 26, 2024. (lccjn2) (Entered: 02/26/2024)
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