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Case TitleGutierrez v. United States Customs and Border Protection
DistrictDistrict of Arizona
CityTucson Division
Case Number4:2023cv00084
Date Filed2023-02-17
Date ClosedOpen
JudgeJudge Jennifer G Zipps
PlaintiffRaul Gutierrez
Case DescriptionRaul Gutierrez submitted a FOIA request to U.S. Customs and Border Protection for records concerning an incident in which he was stopped by Border Patrol agents, who accused him of illegal transporting an undocumented person in his vehicle. Although the agents found no illegal activity, his Sentri Trusted Traveler pass was revoked. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Gutierrez filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Customs and Border Protection
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-02-171COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FOR VIOLATION OF THE FREEDOM OF INFORMATION ACT. Filing fee received: $ 402.00, receipt number AAZDC-21614453 filed by Raul Gutierrez. (Jacobson, Jeffrey) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit)(JAM) (Entered: 02/21/2023)
2023-02-172SUMMONS Submitted by Raul Gutierrez. (Jacobson, Jeffrey) (JAM) (Entered: 02/21/2023)
2023-02-173Filing fee paid, receipt number AAZDC-21614453. This case has been assigned to the Honorable Jennifer G Zipps. All future pleadings or documents should bear the correct case number: CV-23-84-TUC-JGZ. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (JAM) (Entered: 02/21/2023)
2023-02-214Summons Issued as to United States Customs and Border Protection. (JAM). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 02/21/2023)
2023-02-215ORDER: THE PARTIES ARE ADVISED that a motion pursuant to Fed. R. Civ. P. 12(b) is discouraged if the defect can be cured by filing an amended pleading. In addition, parties shall endeavor not to oppose motions to amend that are filed prior to the Scheduling Conference or within the time set forth in the Rule 16 Case Management Order. Signed by Judge Jennifer G Zipps on 2/21/2023. (MCO) (Entered: 02/21/2023)
2023-03-216SUMMONS Submitted by Raul Gutierrez. (Jacobson, Jeffrey) (Entered: 03/21/2023)
2023-03-217SUMMONS Submitted by Raul Gutierrez. (Jacobson, Jeffrey) (Entered: 03/21/2023)
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by FOIA Project Staff
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