Case: Drewniak v. C.B.P.

1:20-cv-00852 | U.S. District Court for the District of New Hampshire

Filed Date: Aug. 11, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

After being stopped and detained without a warrant at a U.S. Customs and Border Protection (CBP) checkpoint 90 miles from the Canadian border, the plaintiff brought this lawsuit in the U.S. District Court for the District of New Hampshire on August 11, 2020, challenging CBP's practice of using checkpoints for general crime control. The plaintiff sued CBP, U.S. Border Patrol, the Deputy Chief Border Patrol Agent for the Swanton Sector (which policed some counties of New Hampshire), and the two a…

After being stopped and detained without a warrant at a U.S. Customs and Border Protection (CBP) checkpoint 90 miles from the Canadian border, the plaintiff brought this lawsuit in the U.S. District Court for the District of New Hampshire on August 11, 2020, challenging CBP's practice of using checkpoints for general crime control. The plaintiff sued CBP, U.S. Border Patrol, the Deputy Chief Border Patrol Agent for the Swanton Sector (which policed some counties of New Hampshire), and the two agents who stopped and detained the plaintiff. Represented by the ACLU and private counsel, the plaintiff sought compensatory and punitive damages, declaratory judgment, preliminary and permanent injunctive relief, and attorneys' fees. The plaintiff alleged that from August 25-27, 2017, CBP and Woodstock Police Department (“WPD”) stopped every vehicle travelling southbound on I-93 and used drug-sniffing dogs to inspect the vehicles. The plaintiff along with 30 individuals were charged in state court with violation-level offenses for allegedly possessing small amounts of marijuana. The plaintiff delineated two separate counts in their complaint: (Count 1) a claim for damages under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), that the agents who stopped and detained the plaintiff without a warrant violated the Fourth Amendment and (Count 2) a claim for injunctive and declaratory relief against CBP, alleging that there was a substantial risk the plaintiff's rights would again be violated if CBP were not enjoined from conducting additional checkpoints in New Hampshire under 28 U.S.C. § 2201. This case was assigned to Judge Joseph A. DiClerico, Jr., who recused himself, and reassigned to Chief Judge Landya B. McCafferty.

On November 13, 2020, both CBP agents filed motions to dismiss for failure to state a claim or, in the alternative, for summary judgment. That same day, CBP filed a motion to dismiss for lack of subject matter jurisdiction. On November 23, 2020, one of the agents stipulated a voluntary dismissal, which the court ordered the next day.

On April 8, 2021, the court granted motion to dismiss Count 1, refusing to extend Bivens to CBP officers in this context. The court applied a two-part test: (1) whether there was already a precedent applying Bivens to this context and if it would bring in a "new category of defendants," and (2) whether there were "special factors counseling hesitation." The court found that, although this case did not extend Bivens to a new category, it would bring in new defendants by extending Bivens to border patrol agents. The court also noted some special factors, including provisions of the INA and national security concerns.

In this same opinion, the court denied the motion to dismiss Count 2. The court found the plaintiff had sufficiently demonstrated Article III standing at the pleading stage. The plaintiff plausibly alleged that he traveled along I-93 in Woodstock on a frequent basis, and CBP and Garcia failed to persuasively contest the plaintiff’s allegation that they have a practice or policy of conducting checkpoints in that area.

As of November 3, 2021, the case is pending trial.

Summary Authors

Calvin Kim (11/12/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17432582/parties/drewniak-v-us-customs-and-border-protection/


Judge(s)

McCafferty, Landya B. (New Hampshire)

Attorneys(s) for Plaintiff

Bissonnette, Gilles R (New Hampshire)

Bond, Emma E. (Maine)

Diaz, James M (Vermont)

Dutton, Steven J (New Hampshire)

Ernst, Lia (Vermont)

Harris, Scott H (New Hampshire)

Heiden, Zachary L. (Maine)

Kim, SangYeob (New Hampshire)

Klementowicz, Henry (New Hampshire)

Judge(s)

McCafferty, Landya B. (New Hampshire)

Attorneys(s) for Plaintiff

Bissonnette, Gilles R (New Hampshire)

Bond, Emma E. (Maine)

Diaz, James M (Vermont)

Dutton, Steven J (New Hampshire)

Ernst, Lia (Vermont)

Harris, Scott H (New Hampshire)

Heiden, Zachary L. (Maine)

Kim, SangYeob (New Hampshire)

Klementowicz, Henry (New Hampshire)

McCormack, Michael T (New Hampshire)

Scherr, Albert E IV (New Hampshire)

Sisti, Mark L (New Hampshire)

Walker, Jeremy T (New Hampshire)

Attorneys(s) for Defendant

Rabuck, Robert J. (New Hampshire)

Documents in the Clearinghouse

Document

1:20-cv-00852

Docket [PACER]

Drewniak v. US Customs and Border Protection

Nov. 3, 2021

Nov. 3, 2021

Docket
1 & 1-1 to 1-2

1:20-cv-00852

Complaint for Damages and Injunctive Relief

Drewniak v. U.S. Customs and Border Protection

Aug. 11, 2020

Aug. 11, 2020

Complaint
38

1:20-cv-00852

Order

Drewniak v. U.S. Customs and Border Protection

2021 WL 260399

Jan. 26, 2021

Jan. 26, 2021

Order/Opinion
49

1:20-cv-00852

Order

Drewniak v. U.S. Customs and Border Protection

2021 WL 1318028

April 8, 2021

April 8, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17432582/drewniak-v-us-customs-and-border-protection/

Last updated Aug. 12, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

NEW CASE/ COMPLAINT with Jury Demand Filing fee $ 400, receipt number ANHDC-2012664 filed by Jesse Drewniak. (Attachments: # 1 Exhibit A - Circuit Court 5.1.18 Order, # 2 Exhibit B -- Circuit Court 8.22.18 Motion for Reconsideration Order, # 3 Civil Cover Sheet, # 4 Summons - Waiver CBP, # 5 Summons - Waiver Border Patrol, # 6 Summons - Waiver Qualter, # 7 Summons - Waiver Forkey, # 8 Summons - Waiver Garcia)(Bissonnette, Gilles) (Entered: 08/11/2020)

1 Exhibit A - Circuit Court 5.1.18 Order

View on RECAP

2 Exhibit B -- Circuit Court 8.22.18 Motion for Reconsideration Order

View on PACER

3 Civil Cover Sheet

View on PACER

4 Summons - Waiver CBP

View on PACER

5 Summons - Waiver Border Patrol

View on PACER

6 Summons - Waiver Qualter

View on PACER

7 Summons - Waiver Forkey

View on PACER

8 Summons - Waiver Garcia

View on PACER

Aug. 11, 2020

Aug. 11, 2020

PACER
2

NOTICE of Attorney Appearance by Henry Klementowicz on behalf of Jesse Drewniak Attorney Henry Klementowicz added to party Jesse Drewniak(pty:pla).(Klementowicz, Henry) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
3

NOTICE of Attorney Appearance by SangYeob Kim on behalf of Jesse Drewniak Attorney SangYeob Kim added to party Jesse Drewniak(pty:pla).(Kim, SangYeob) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
4

MOTION for ZACHARY HEIDEN to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2012747.) filed by Jesse Drewniak.Follow up on Objection on 8/25/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Bissonnette, Gilles) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
5

MOTION for EMMA BOND to Appear Pro Hac Vice (Filing fee $ 100, Receipt # BNHDC-2012752.) filed by Jesse Drewniak.Follow up on Objection on 8/25/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Bissonnette, Gilles) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
6

MOTION for LIA ERNST to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2012753.) filed by Jesse Drewniak.Follow up on Objection on 8/25/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Bissonnette, Gilles) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER
7

MOTION for JAMES DIAZ to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2012759.) filed by Jesse Drewniak.Follow up on Objection on 8/25/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Bissonnette, Gilles) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER

Case assigned to Judge Joseph A. DiClerico, Jr. The case designation is: 1:20-cv-852-JD. Please show this number with the judge designation on all future pleadings. (ed)

Aug. 11, 2020

Aug. 11, 2020

PACER

NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE. (ed)

Aug. 11, 2020

Aug. 11, 2020

PACER
8

NOTICE of Attorney Appearance by Mark L. Sisti on behalf of Jesse Drewniak Attorney Mark L. Sisti added to party Jesse Drewniak(pty:pla).(Sisti, Mark) (Entered: 08/11/2020)

Aug. 11, 2020

Aug. 11, 2020

PACER

ENDORSED ORDER granting: 4 Motion to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices. (ed)

Aug. 11, 2020

Aug. 11, 2020

PACER

ENDORSED ORDER granting: 5 Motion to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices. (ed)

Aug. 11, 2020

Aug. 11, 2020

PACER

ENDORSED ORDER granting: 6 Motion to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices. (ed)

Aug. 11, 2020

Aug. 11, 2020

PACER

ENDORSED ORDER granting: 7 Motion to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices. (ed)

Aug. 11, 2020

Aug. 11, 2020

PACER

Case Assigned

Aug. 11, 2020

Aug. 11, 2020

PACER

Notice - ECF

Aug. 11, 2020

Aug. 11, 2020

PACER
9

Summonses issued electronically as to Jeremy Forkey, Robert N. Garcia, Mark A. Qualter, US Border Patrol, US Customs and Border Protection. NOTICE: Counsel shall print and serve the summonses and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: # 1 Notice ECF) (ed) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER

Order on Motion to Appear Pro Hac Vice

Aug. 12, 2020

Aug. 12, 2020

PACER
10

NOTICE of Attorney Appearance by Emma Bond on behalf of Jesse Drewniak Attorney Emma Bond added to party Jesse Drewniak(pty:pla).(Bond, Emma) (Entered: 08/17/2020)

Aug. 17, 2020

Aug. 17, 2020

PACER
11

NOTICE of Attorney Appearance by Jeremy T. Walker on behalf of Jesse Drewniak Attorney Jeremy T. Walker added to party Jesse Drewniak(pty:pla).(Walker, Jeremy) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
12

NOTICE of Attorney Appearance by Steven J. Dutton on behalf of Jesse Drewniak Attorney Steven J. Dutton added to party Jesse Drewniak(pty:pla).(Dutton, Steven) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
13

NOTICE of Attorney Appearance by Scott H. Harris on behalf of Jesse Drewniak Attorney Scott H. Harris added to party Jesse Drewniak(pty:pla).(Harris, Scott) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

PACER
14

NOTICE of Attorney Appearance by Lia Ernst on behalf of Jesse Drewniak Attorney Lia Ernst added to party Jesse Drewniak(pty:pla).(Ernst, Lia) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
15

ORDER OF RECUSAL. Judge Joseph A. DiClerico, Jr recused. So Ordered by Judge Joseph A. DiClerico, Jr.(ko) (Entered: 09/11/2020)

Sept. 10, 2020

Sept. 10, 2020

RECAP

Case reassigned to Chief Judge Landya B. McCafferty. The new case designation is: 20-cv-852-LM. Please show this number with the correct judge designation on all further pleadings.(ko)

Sept. 10, 2020

Sept. 10, 2020

PACER
16

AFFIDAVIT of Service of Complaint as to Jeremy Forkey, Robert N. Garcia, Mark A. Qualter, US Border Patrol, US Customs and Border Protection filed by Jesse Drewniak. Served/Mailed on 9/11/2020. Answer Follow Up on 10/2/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit A -- Service as to US Defendants, # 2 Exhibit B -- Service as to Individual Defendants)(Bissonnette, Gilles) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER

Case Reassigned

Sept. 14, 2020

Sept. 14, 2020

PACER
17

Assented to MOTION to Extend Time to Answer to November 9, 2020 filed by Jeremy Forkey, Robert N. Garcia, Mark A. Qualter, US Border Patrol, US Customs and Border Protection. Attorney Robert J. Rabuck added to party Jeremy Forkey(pty:dft), Attorney Robert J. Rabuck added to party Robert N. Garcia(pty:dft), Attorney Robert J. Rabuck added to party Mark A. Qualter(pty:dft), Attorney Robert J. Rabuck added to party US Border Patrol(pty:dft), Attorney Robert J. Rabuck added to party US Customs and Border Protection(pty:dft).(Rabuck, Robert) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

PACER

ENDORSED ORDER granting 17 Assented to Motion to Extend Time to Answer. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Chief Judge Landya B. McCafferty. Answer Follow Up on 11/9/2020. (de)

Oct. 23, 2020

Oct. 23, 2020

PACER

Order on Motion to Extend Time to Answer

Oct. 24, 2020

Oct. 24, 2020

PACER
18

Assented to MOTION to Extend Time to Answer to November 13, 2020 filed by Jeremy Forkey, Robert N. Garcia, Mark A. Qualter, US Border Patrol, US Customs and Border Protection.(Rabuck, Robert) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

PACER

ENDORSED ORDER granting 18 Assented to Motion to Extend Time to Answer. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Chief Judge Landya B. McCafferty. Answer Follow Up on 11/13/2020. (de)

Nov. 9, 2020

Nov. 9, 2020

PACER
19

MOTION to Dismiss for Failure to State a Claim or alternatively for summary judgment filed by Jeremy Forkey, Mark A. Qualter.Follow up on Objection on 11/30/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law, # 2 Exhibit (Affidavit) A-Declaration of Robert Garcia, # 3 Exhibit (Affidavit) B-Declaration of Mark Qualter, # 4 Exhibit (Affidavit) C-Declaration of Jeremy Forkey, # 5 Attachment to Exhibit C1-redacted I44)(Rabuck, Robert) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER
20

MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Robert N. Garcia, US Border Patrol, US Customs and Border Protection.Follow up on Objection on 11/30/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law, # 2 Exhibit (Affidavit) A-Declaration of Robert Garcia)(Rabuck, Robert) Modified on 11/16/2020 to amend/correct to: "for Lack of Subject Matter Jurisdiction" (de). (Entered: 11/13/2020)

2

View on RECAP

Nov. 13, 2020

Nov. 13, 2020

PACER
21

Assented to MOTION to exceed page limits on dispositive motion filed by Jeremy Forkey, Mark A. Qualter.(Rabuck, Robert) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER

ENDORSED ORDER granting 21 Motion to exceed page limits on dispositive motion. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty. (gla)

Nov. 16, 2020

Nov. 16, 2020

PACER

Order on Motion for Miscellaneous Relief

Nov. 16, 2020

Nov. 16, 2020

PACER

NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference via Video Conference set for 1/12/2021 03:00 PM before Magistrate Judge Andrea K. Johnstone. Follow up on Discovery Plan 1/5/2021. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(kad)

Nov. 19, 2020

Nov. 19, 2020

PACER

Pretrial Conference

Nov. 19, 2020

Nov. 19, 2020

PACER
22

Assented to MOTION For Briefing Schedule filed by Jeremy Forkey, Robert N. Garcia, Mark A. Qualter, US Border Patrol, US Customs and Border Protection.(Rabuck, Robert) (Entered: 11/23/2020)

Nov. 23, 2020

Nov. 23, 2020

PACER
23

///STIPULATION of Dismissal as to DEFENDANT JEREMY FORKEY WITHOUT PREJUDICE PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii) by Jesse Drewniak(Bissonnette, Gilles) (Entered: 11/23/2020)

Nov. 23, 2020

Nov. 23, 2020

PACER

ENDORSED ORDER granting 22 Motion for Briefing Schedule. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty. (gla)

Nov. 24, 2020

Nov. 24, 2020

PACER

ENDORSED ORDER re: 23 Stipulation of Dismissal as to Jeremy Forkey. Text of Order: Reviewed. So Ordered by Chief Judge Landya B. McCafferty.(de)

Nov. 24, 2020

Nov. 24, 2020

PACER

Order on Motion for Miscellaneous Relief

Nov. 24, 2020

Nov. 24, 2020

PACER

Endorsed Order - not on motion

Dec. 1, 2020

Dec. 1, 2020

PACER
24

MOTION to Stay Pretrial Proceedings filed by Robert N. Garcia, Mark A. Qualter, US Border Patrol, US Customs and Border Protection.Follow up on Objection on 1/4/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law)(Rabuck, Robert) (Entered: 12/21/2020)

1 Memorandum of Law

View on PACER

Dec. 21, 2020

Dec. 21, 2020

RECAP
25

OBJECTION to 19 MOTION to Dismiss for Failure to State a Claim or alternatively for summary judgment filed by Jesse Drewniak. Follow up on Reply on 12/28/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit (Affidavit) Rule 56(d) Declaration of Attorney Emma Bond)(Bissonnette, Gilles) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
26

OBJECTION to 20 MOTION to Dismiss for Failure to State a Claim filed by Jesse Drewniak. Follow up on Reply on 12/28/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Bissonnette, Gilles) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
27

Assented to MOTION to Exceed PAGE LIMITATION FOR OPPOSITION TO DEFENDANT QUALTERS MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT filed by Jesse Drewniak.(Bissonnette, Gilles) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
28

NOTICE of Attorney Appearance by Albert E Scherr, IV on behalf of Jesse Drewniak Attorney Albert E Scherr, IV added to party Jesse Drewniak(pty:pla).(Scherr, Albert E) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER

ENDORSED ORDER granting 27 Assented to Motion to Exceed PAGE LIMITATION FOR OPPOSITION TO DEFENDANT QUALTERS MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty.(de)

Dec. 22, 2020

Dec. 22, 2020

PACER

Order on Motion to Exceed

Dec. 22, 2020

Dec. 22, 2020

PACER
29

Assented to MOTION to Continue Preliminary Pretrial Conference to February 2, 2021 filed by Robert N. Garcia, Mark A. Qualter, US Border Patrol, US Customs and Border Protection.Follow up on Objection on 1/6/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Rabuck, Robert) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER

ENDORSED ORDER granting 29 Assented to MOTION to Continue Preliminary Pretrial Conference to February 2, 2021. Text of Order: Granted. So Ordered by Magistrate Judge Andrea K. Johnstone.(kad)

Dec. 28, 2020

Dec. 28, 2020

PACER

NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference reset for 2/2/2021 03:00 PM before Magistrate Judge Andrea K. Johnstone. Follow up on Discovery Plan 1/26/2021. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(kad)

Dec. 28, 2020

Dec. 28, 2020

PACER

Order on Motion to Continue

Dec. 28, 2020

Dec. 28, 2020

PACER

Pretrial Conference

Dec. 28, 2020

Dec. 28, 2020

PACER
30

OBJECTION to 24 MOTION to Stay Pretrial Proceedings filed by Jesse Drewniak. Follow up on Reply on 1/11/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Bissonnette, Gilles) (Entered: 01/04/2021)

Jan. 4, 2021

Jan. 4, 2021

PACER
31

Assented to MOTION to Extend Time to Object/Respond to 30 Objection to Motion, to January 13, 2021 filed by Robert N. Garcia, Mark A. Qualter, US Border Patrol, US Customs and Border Protection.(Rabuck, Robert) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER

ENDORSED ORDER granting 31 Motion to Extend Time to Object/Respond to 30 Objection to Motion, to January 13, 2021. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty. Follow up on Reply on 1/13/2012. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (gla)

Jan. 12, 2021

Jan. 12, 2021

PACER

Order on Motion to Extend Time to Object/Respond

Jan. 12, 2021

Jan. 12, 2021

PACER
32

Assented to MOTION for Leave to File Reply Memorandum in Support of Their Motion to Stay Pretrial Proceedings filed by Robert N. Garcia, Mark A. Qualter, US Border Patrol, US Customs and Border Protection. (Attachments: # 1 Exhibit Reply Memorandum, # 2 Exhibit A to Reply Memorandum - Qualter State Court Testimony)(Rabuck, Robert) (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

PACER

ENDORSED ORDER granting 32 Motion for Leave to File Reply Memorandum in Support of Their Motion to Stay Pretrial Proceedings. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Chief Judge Landya B. McCafferty. Miscellaneous Deadline set for 1/19/2021. (gla)

Jan. 14, 2021

Jan. 14, 2021

PACER

Order on Motion for Leave to File

Jan. 14, 2021

Jan. 14, 2021

PACER
33

MEMORANDUM in Support re 24 MOTION to Stay Pretrial Proceedings filed by Robert N. Garcia, Mark A. Qualter, US Border Patrol, US Customs and Border Protection. (Attachments: # 1 Exhibit A - Qualter State Court Testimony)(Rabuck, Robert) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER

NOTICE of ECF Filing Error re: 33 Memorandum in Support of Motion, filed by US Border Patrol, US Customs and Border Protection, Robert N. Garcia, Mark A. Qualter. Filer used wrong event. Filer shall refile using the Reply to Objection to Motion event and enter in docket text: Replaces document no. 33. Compliance Deadline set for 1/22/2021.(js)

Jan. 15, 2021

Jan. 15, 2021

PACER
34

REPLY to Objection to Motion re 24 MOTION to Stay Pretrial Proceedings (Replaces DN 33) filed by Robert N. Garcia, Mark A. Qualter, US Border Patrol, US Customs and Border Protection. Surreply due by 1/20/2021. (Attachments: # 1 Exhibit A - Qualter State Court Testimony)(Rabuck, Robert) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER

ECF - Filing Error - Action Required

Jan. 15, 2021

Jan. 15, 2021

PACER
35

SURREPLY to Reply to 24 MOTION to Stay Pretrial Proceedings filed by Jesse Drewniak. (Bissonnette, Gilles) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

PACER
36

Assented to MOTION to Continue and Extend Deadlines contained in the assented-to briefing schedule (DN 22) filed by Robert N. Garcia, Mark A. Qualter, US Border Patrol, US Customs and Border Protection. Attorney Michael T. McCormack added to party Robert N. Garcia(pty:dft), Attorney Michael T. McCormack added to party Mark A. Qualter(pty:dft), Attorney Michael T. McCormack added to party US Border Patrol(pty:dft), Attorney Michael T. McCormack added to party US Customs and Border Protection(pty:dft).(McCormack, Michael) (Entered: 01/20/2021)

Jan. 20, 2021

Jan. 20, 2021

PACER

ENDORSED ORDER granting 36 Motion to Continue and Extend Deadlines contained in the assented-to briefing schedule. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty. (gla)

Jan. 21, 2021

Jan. 21, 2021

PACER

Order on Motion to Continue and Extend Deadlines

Jan. 22, 2021

Jan. 22, 2021

PACER
37

Addendum/ to 35 Surreply to Reply by Jesse Drewniak. (Bissonnette, Gilles) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER
38

ORDER denying 24 Motion to Stay. So Ordered by Chief Judge Landya B. McCafferty. (gla) (Entered: 01/26/2021)

Jan. 26, 2021

Jan. 26, 2021

RECAP
39

Proposed Discovery Plan (Joint) filed by Jesse Drewniak. (Bissonnette, Gilles) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

PACER

Deadline terminated: Pretrial Conference 02/02/2021 cancelled. Order to issue. (de)

Feb. 1, 2021

Feb. 1, 2021

PACER
40

Assented to MOTION to Exceed Exceed Page Limitation for Defendant Mark Qualter's Reply to Plaintiff's Opposition to Motion to Dismiss and For Summary Judgment filed by Mark A. Qualter.(McCormack, Michael) (Entered: 02/01/2021)

Feb. 1, 2021

Feb. 1, 2021

PACER
41

REPLY to Objection to Motion re 19 MOTION to Dismiss for Failure to State a Claim or alternatively for summary judgment filed by Mark A. Qualter. Surreply due by 2/8/2021. (Attachments: # 1 Exhibit (Affidavit) D - Supplemental Qualter Declaration, # 2 Attachment to Exhibit D1 - Canine Certification)(McCormack, Michael) (Entered: 02/01/2021)

Feb. 1, 2021

Feb. 1, 2021

PACER

ENDORSED ORDER granting 40 Motion to Exceed Page Limit. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty. (gla)

Feb. 1, 2021

Feb. 1, 2021

PACER
42

REFILED, SEE DOC. 43 . REPLY to Objection to Motion re 20 MOTION to Dismiss for Failure to State a Claim filed by Robert N. Garcia, US Border Patrol, US Customs and Border Protection. Surreply due by 2/8/2021. (Rabuck, Robert) Modified on 2/2/2021 to add: REFILED, SEE DOC. 43 (de). (Entered: 02/01/2021)

Feb. 1, 2021

Feb. 1, 2021

PACER

Terminate Deadlines PUBLIC

Feb. 1, 2021

Feb. 1, 2021

PACER

Order on Motion to Exceed

Feb. 1, 2021

Feb. 1, 2021

PACER
43

REPLY to Objection to Motion re 20 MOTION to Dismiss for Failure to State a Claim (replaces DN 42) filed by Robert N. Garcia, US Border Patrol, US Customs and Border Protection. Surreply due by 2/8/2021. (Rabuck, Robert) (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

PACER
44

ORDER approving with changes 39 Discovery Plan. Length of Trial 2 - 3 days. Case Track: Standard. So Ordered by Magistrate Judge Andrea K. Johnstone. Joint Statement regarding the status of discovery due by 12/17/2021. Mediation Follow Up on 2/17/2022. Summary Judgment Motions due by 3/18/2022. (de) (Entered: 02/18/2021)

Feb. 12, 2021

Feb. 12, 2021

PACER

TRIAL NOTICE: Pretrial Statements due 6/15/2022. LR 16.2(d) Objections due 6/29/2022. Jury Selection/Trial set for two week period beginning 7/19/2022 at 09:30 AM before Chief Judge Landya B. McCafferty. Final Pretrial Conference set for 7/6/2022 at 03:00 PM before Chief Judge Landya B. McCafferty. JERS Statement due 7/6/2022.(de)

Feb. 18, 2021

Feb. 18, 2021

PACER

Trial Notice

Feb. 18, 2021

Feb. 18, 2021

PACER
45

Assented to MOTION to Exceed Page Limit for Sur-replies Responding to Motions to Dismiss filed by Jesse Drewniak.(Bissonnette, Gilles) (Entered: 03/01/2021)

March 1, 2021

March 1, 2021

PACER
46

SURREPLY to Reply to 20 MOTION to Dismiss for Failure to State a Claim for Lack of Subject Matter Jurisdiction filed by Jesse Drewniak. (Bissonnette, Gilles) (Entered: 03/01/2021)

March 1, 2021

March 1, 2021

PACER
47

SURREPLY to Reply to 19 MOTION to Dismiss for Failure to State a Claim or alternatively for summary judgment filed by Jesse Drewniak. (Attachments: # 1 Exhibit (Affidavit) Supplemental Declaration of Attorney Emma Bond, # 2 Exhibit A -- Document Requests to Defendant Qualter, # 3 Exhibit B -- Document Requests to Official Capacity Defendants)(Bissonnette, Gilles) (Entered: 03/01/2021)

March 1, 2021

March 1, 2021

PACER

ENDORSED ORDER granting 45 Assented to Motion to Exceed Page Limits. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty.(de)

March 2, 2021

March 2, 2021

PACER

Order on Motion to Exceed

March 2, 2021

March 2, 2021

PACER
48

Assented to MOTION to Extend Time to file the parties' Federal Rule of Civil Procedure 26(a) disclosures to April 26, 2021 filed by Robert N. Garcia, Mark A. Qualter, US Border Patrol, US Customs and Border Protection. (Attachments: # 1 Civil Form 3)(Rabuck, Robert) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER

ENDORSED ORDER granting 48 Assented to Motion to Extend Time to file parties' Federal Rule of Civil Procedure 26(a) disclosures to April 26, 2021. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty.(de)

April 5, 2021

April 5, 2021

PACER

Order on Motion to Extend Time

April 5, 2021

April 5, 2021

PACER
49

///ORDER granting 19 Motion to Dismiss Count I; denying 20 Motion to Dismiss Count II. So Ordered by Chief Judge Landya B. McCafferty. (gla) (Entered: 04/08/2021)

April 8, 2021

April 8, 2021

RECAP
50

Assented to MOTION to Extend Time to Answer to May 8, 2021 filed by Robert N. Garcia, US Border Patrol, US Customs and Border Protection.(Rabuck, Robert) (Entered: 04/13/2021)

April 13, 2021

April 13, 2021

PACER

ENDORSED ORDER granting 50 Motion to Extend Time to Answer. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty. Answer Follow Up on 5/10/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (gla)

April 15, 2021

April 15, 2021

PACER

Order on Motion to Extend Time to Answer

April 15, 2021

April 15, 2021

PACER
51

Assented to MOTION to Extend Time to File Rule 26(a) Disclosures to May 10, 2021 filed by Robert N. Garcia, US Border Patrol, US Customs and Border Protection. (Attachments: # 1 Civil Form 3)(McCormack, Michael) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

PACER

ENDORSED ORDER granting 51 Motion to Extend Time to File Rule 26(a) Disclosures to May 10, 2021. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty. (gla)

April 19, 2021

April 19, 2021

PACER

Case Details

State / Territory: New Hampshire

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Aug. 11, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

New Hampshire resident driving within 100 miles of Canadian border, stopped at a checkpoint and found to possess small quantity of hash oil.

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Customs and Border Protection, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Improper use of canines

Search policies

Transportation

Immigration/Border:

Constitutional rights

Criminal prosecution