Case: CLEAR v. U.S. Customs and Border Protection

COMPLAINT against U.S. Customs and Border Protection filing fee $ 400, receipt number ANYEDC-12169447 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by CLEAR, American Civil Liberties Union Foundation, American Civil Liberties Union. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Proposed Summons) (Kim, Scarlet) (Entered: 12/18/2019)

1 Exhibit A

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2 Exhibit B

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3 Civil Cover Sheet

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4 Proposed Summons

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Civil Cover Sheet.. Re 1 Complaint, by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR (Kim, Scarlet) (Entered: 12/20/2019)

Summons Issued as to U.S. Customs and Border Protection, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) (Entered: 12/26/2019)

Notice: Re: Incomplete Civil Cover Sheet

Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla)

Case Assigned/Reassigned

Case assigned to Judge I. Leo Glasser and Magistrate Judge Ramon E. Reyes, Jr. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 12/26/2019)

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 12/26/2019)

Case Assigned/Reassigned

SUMMONS Returned Executed by CLEAR, American Civil Liberties Union Foundation, American Civil Liberties Union. U.S. Customs and Border Protection served on 1/9/2020, answer due 3/9/2020. (Kim, Scarlet) (Entered: 01/09/2020)

Case Assigned/Reassigned

Case Reassigned to Judge Eric R. Komitee. Judge I. Leo Glasser no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna)

NOTICE of Appearance by Farzin Franklin Amanat on behalf of All Defendants (aty to be noticed) (Amanat, Farzin) (Entered: 02/04/2020)

MOTION for Extension of Time to File Answer re 1 Complaint, seeking an extension of 30 days, from 2/12/20 to 3/13/20, for the Government to answer or otherwise move in response to the complaint in this FOIA action. Respectfully submitted by U.S. Customs and Border Protection. (Amanat, Farzin) (Entered: 02/04/2020)

RESPONSE in Opposition re 8 MOTION for Extension of Time to File Answer re 1 Complaint, seeking an extension of 30 days, from 2/12/20 to 3/13/20, for the Government to answer or otherwise move in response to the complaint in this FOIA action. Respectfully submitted by CLEAR, American Civil Liberties Union Foundation, American Civil Liberties Union filed by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR. (Kim, Scarlet) (Entered: 02/04/2020)

NOTICE of Appearance by Robert Hodgson on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR (aty to be noticed) (Hodgson, Robert) (Entered: 02/05/2020)

NOTICE of Appearance by Christopher T Dunn on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR (aty to be noticed) (Dunn, Christopher) (Entered: 02/05/2020)

Order on Motion for Extension of Time to Answer

ORDER granting 8 Motion for Extension of Time to Answer U.S. Customs and Border Protection answer due 3/13/2020. NO FURTHER EXTENSIONS WILL BE PERMITTED. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/5/2020. (Reyes, Ramon)

ANSWER to 1 Complaint, by U.S. Customs and Border Protection. (Amanat, Farzin) (Entered: 03/13/2020)

SCHEDULING ORDER: Telephone Initial Conference set for 4/14/2020 at 2:00 PM before Magistrate Judge Ramon E. Reyes, Jr. The attorneys are directed to use the Toll-free number 1-888-684-8852 and Access Code 5496961# to participate in the scheduled telephone conference. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. (See attached blank document) Case Management Statement must be completed and filed on ECF no later than 4/9/2020. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/23/2020. (Vertus, Miriam) (Entered: 03/23/2020)

CASE MANAGEMENT STATEMENT filed by U.S. Customs and Border Protection, STATUS REPORT by U.S. Customs and Border Protection (Amanat, Farzin) (Entered: 04/06/2020)

CASE MANAGEMENT STATEMENT filed by CLEAR, American Civil Liberties Union Foundation, American Civil Liberties Union (Kim, Scarlet) (Entered: 04/08/2020)

Telephone Conference

Initial Conference Hearing

Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.:Telephone Initial Conference held on 4/14/2020. Appearances: Scarlet Kim, Esq. and Patrick Toomey for Plaintiffs; AUSA Frank Amanat, Esq. for Defendant. Discussions held. The parties are directed to file an agreed-upon production schedule along the lines discussed by 4/17/2020. (AT&T #2:00:00-2:30:00) (Meyer, Elise)

NOTICE of Appearance by Patrick Christopher Toomey on behalf of All Plaintiffs (aty to be noticed) (Toomey, Patrick) (Entered: 04/15/2020)

CASE MANAGEMENT STATEMENT (Joint) filed by CLEAR, American Civil Liberties Union Foundation, American Civil Liberties Union (Kim, Scarlet) (Entered: 04/16/2020)

Scheduling Order

Order

SCHEDULING ORDER: granting re 17 Case Management Statement: The following schedule for the search, processing, and production of remaining records responsive to Plaintiffs' FOIA request: By May 29, 2020, CBP will complete its processing and production of the 400 to 500 pages it has already located.; By July 31, 2020, CBP will complete its search, processing, and production of all remaining records responsive to Plaintiffs FOIA request;By August 15, 2020, CBP will produce to Plaintiffs a Vaughn index identifying or describing the records it has withheld in full.; a joint status report updating the Court on CBP's search, processing, and production of responsive records by June 19, 2020.; joint status report following the completion of production updating the Court on how they intend to proceed by September 1, 2020. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/20/2020. (Vertus, Miriam)

TRANSCRIPT of Proceedings held on April 14, 2020, before Judge Reyes. Court Reporter/Transcriber Fiore Reporting and Transcription Service, Inc., Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 6/9/2020. Redacted Transcript Deadline set for 6/19/2020. Release of Transcript Restriction set for 8/17/2020. (Hong, Loan) (Entered: 05/19/2020)

STATUS REPORT (Joint) by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR (Kim, Scarlet) (Entered: 06/19/2020)

NOTICE of Appearance by Kathleen Anne Mahoney on behalf of U.S. Customs and Border Protection (aty to be noticed) (Mahoney, Kathleen) (Entered: 07/14/2020)

MOTION to Withdraw as Attorney by U.S. Customs and Border Protection. (Amanat, Farzin) (Entered: 07/15/2020)

Order on Motion to Withdraw as Attorney

ORDER granting 21 Motion to Withdraw as Attorney. Attorney Farzin Franklin Amanat terminated. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/15/2020. (Vertus, Miriam)

Letter MOTION for Extension of Time to File /complete production of records by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 07/29/2020)

Order on Motion for Extension of Time to File

ORDER granting 22 Motion for Extension of Time to complete production of records. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/5/2020. (Vertus, Miriam)

CONSENT to Jurisdiction by US Magistrate Judge by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 08/28/2020)

CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge Ramon E. Reyes, Jr for all further proceedings. Judge Eric R. Komitee no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Ramesar, Thameera) (Entered: 08/31/2020)

Case No Longer Referred

Case no longer referred to Magistrate Judge Ramon E. Reyes, Jr. (Ramesar, Thameera)

STATUS REPORT Joint status letter by U.S. Customs and Border Protection (Mahoney, Kathleen) (Entered: 09/01/2020)

Scheduling Order

SCHEDULING ORDER: The parties may dispense with the pre-motion conference letter. The Court adopts the briefing schedule set out by the parties in their 25 Joint Status Letter. Defendant to its Motion for Summary Judgment by 10/16/2020. Plaintiffs to serve their cross-motion and their opposition to Defendant's motion by 11/20/2020. Defendant to serve its reply and opposition to Plaintiffs' motion by 12/18/2020. Plaintiffs to serve their reply by 1/15/2021. The parties are directed to file the fully briefed motions by 1/18/2021. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 9/1/2020. (Meyer, Elise)

Scheduling Order AND ~Util - Set Deadlines

Letter MOTION for Extension of Time to File /Serve Motion - one week on on consent - with revised proposed briefing schedule by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 10/14/2020)

ORDER granting 26 Motion for Extension of Time to File Summary Judgment. Revised briefing schedule: Defendant to serve its Motion for Summary Judgment by 10/23/2020. Plaintiffs to serve their cross-motion and their opposition to Defendant's motion by 12/4/2020. Defendant to serve its reply and opposition to Plaintiffs' motion by 1/4/2021. Plaintiffs to serve their reply by 2/1/2021. The parties are directed to file the fully briefed motions by 2/2/2021. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/14/2020. (Vertus, Miriam)

Order on Motion for Extension of Time to File

Order on Motion for Extension of Time to File AND 1 - Terminate Deadlines and Hearings AND ~Util - Set Deadlines

Letter to Plaintiffs' counsel serving Defendant's motion for summary judgment (via USAfx) by U.S. Customs and Border Protection (Mahoney, Kathleen) (Entered: 10/23/2020)

Letter to Defendant's counsel serving Plaintiffs' Cross-Motion for Summary Judgment (via email) by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR (Kim, Scarlet) (Entered: 12/04/2020)

Letter MOTION for Extension of Time to File Response/Reply to serve Defendant's reply and opposition to cross-motion (and corresponding extension of remainder of briefing schedule) - on consent by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 12/29/2020)

ORDER granting 29 Motion for Extension of Time to File Response/Reply. Reply due by 1/21/2021. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/30/2020. (Reyes, Ramon)

Order on Motion for Extension of Time to File Response/Reply

Order on Motion for Extension of Time to File Response/Reply

Letter to Plaintiffs' counsel serving the Memorandum of Law in Further Support of Defendant's Motion for Summary Judgment and Opposition to Plaintiffs' Cross-Motion for Summary Judgment (served 1/21/21) by U.S. Customs and Border Protection (Mahoney, Kathleen) (Entered: 01/22/2021)

Letter to Defendant's counsel serving Plaintiffs' Reply in Support of Their Cross-Motion for Summary Judgment (via email) by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR (Kim, Scarlet) (Entered: 02/19/2021)

MOTION for Summary Judgment by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)

RULE 56.1 STATEMENT re 32 MOTION for Summary Judgment Defendant's Statement Purusant ot Local Civil Rule 56.1 filed by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)

MEMORANDUM in Support re 32 MOTION for Summary Judgment Memorandum of Law in Support of Defendant's Motion for Summary Judgment filed by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)

AFFIDAVIT/DECLARATION in Support re 32 MOTION for Summary Judgment Declaration of Patrick Howard and Exhibits A to D filed by U.S. Customs and Border Protection. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Mahoney, Kathleen) (Entered: 02/21/2021)

AFFIDAVIT/DECLARATION in Support re 32 MOTION for Summary Judgment Declaration of Patrick Howard with Exhibits E to I filed by U.S. Customs and Border Protection. (Attachments: # 1 Exhibit E, # 2 Exhibit F, # 3 Exhibit G, # 4 Exhibit H, # 5 Exhibit I) (Mahoney, Kathleen) (Entered: 02/21/2021)

AFFIDAVIT/DECLARATION in Support re 32 MOTION for Summary Judgment Declaration of Patrick Howard with Exhibit J (Parts 1, 2, 3) filed by U.S. Customs and Border Protection. (Attachments: # 1 Exhibit J - Part 1, # 2 Exhibit J - Part 2, # 3 Exhibit J - Part 3) (Mahoney, Kathleen) (Entered: 02/21/2021)

AFFIDAVIT/DECLARATION in Support re 32 MOTION for Summary Judgment Declaration of Patrick Howard with Exhibits K and L (Part 1 and 2) filed by U.S. Customs and Border Protection. (Attachments: # 1 Exhibit K, # 2 Exhibit L - Part 1, # 3 Exhibit L - Part 2) (Mahoney, Kathleen) (Entered: 02/21/2021)

AFFIDAVIT/DECLARATION in Support re 32 MOTION for Summary Judgment Declaration of Patrick Howard with Exhibit L Parts 3 and 4 and Exhibit M filed by U.S. Customs and Border Protection. (Attachments: # 1 Exhibit L - Part 3, # 2 Exhibit L - Part 4, # 3 Exhibit M) (Mahoney, Kathleen) (Entered: 02/21/2021)

AFFIDAVIT/DECLARATION in Support re 32 MOTION for Summary Judgment Declaration of Assistant U.S. Attorney Kathleen A. Mahoney with Exhibits A and B filed by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)

Cross MOTION for Summary Judgment Plaintiffs' Notice of Motion by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)

RULE 56.1 STATEMENT re 32 MOTION for Summary Judgment Plaintiffs' Response to Defendant's Statement of Facts filed by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)

MEMORANDUM in Support re 41 Cross MOTION for Summary Judgment Plaintiffs' Notice of Motion Memorandum of Law in Support of Plaintiffs' Cross-Motion filed by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)

AFFIDAVIT/DECLARATION in Support re 41 Cross MOTION for Summary Judgment Plaintiffs' Notice of Motion Declaration of Scarlet Kim filed by U.S. Customs and Border Protection. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Mahoney, Kathleen) (Entered: 02/21/2021)

REPLY in Support re 32 MOTION for Summary Judgment Memorandum of Law in Further Support of Defendant's Motion for Summary Judgment and in Opposition to Plaintiffs' Cross-Motion for Summary Judgment filed by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)

REPLY in Support re 41 Cross MOTION for Summary Judgment Plaintiffs' Notice of Motion Plaintiffs' Reply in Support of their Cross-Motion for Summary Judgment filed by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)

Letter to Honorable Ramon E. Reyes, Jr. requesting waiver of the requirement to provide courtesy copies and listing the documents filed comprising the parties' respective motions for summary judgment by U.S. Customs and Border Protection (Mahoney, Kathleen) (Entered: 02/21/2021)

Letter Requesting Oral Argument by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR (Kim, Scarlet) (Entered: 02/22/2021)

ORDER granting re 47 Letter to Honorable Ramon E. Reyes, Jr. requesting waiver of the requirement to provide courtesy copies and listing the documents filed comprising the parties' respective motions for summary judgment. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/22/2021. (Vertus, Miriam)

Order

Order(Other)

SCHEDULING ORDER re 48 Letter filed by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR: Video Conference set for 4/14/2021 at 11:00 AM before Magistrate Judge Ramon E. Reyes, Jr. The attorneys are directed to appear via video using the Microsoft Teams Meeting invitation link sent to the email addresses listed on the docket and all other participates may join by phone using the Toll number: 1 917-933-2166 and Phone Conference ID: 183 053 181#. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/25/2021. (Vertus, Miriam)

Scheduling Order

Scheduling Order AND ~Util - Set Hearings

NOTICE of Appearance by Tarek Ziad Ismail on behalf of CLEAR (aty to be noticed) (Ismail, Tarek) (Entered: 04/13/2021)

Scheduling Order

SCHEDULING ORDER: Due to an unanticipated change in the Court's calendar, the April 14, 2021 oral argument is adjourned to April 26, 2021 at 10:00 AM before Magistrate Judge Ramon E. Reyes Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/13/2021. (Reyes, Ramon) Modified on 4/14/2021 (Reyes, Ramon).

NOTICE re; Video Oral Argument Hearing set for April 26, 2021 at 10:00 AM before Magistrate Judge Ramon E. Reyes, Jr. The attorneys are directed to appear via video using the Cisco Webex Meeting invitation link sent to the email addresses listed on the docket and all other participates may join by phone using the Toll number: 1-650-479-3207 and Access code: 160 234 3513. (Vertus, Miriam)

Notice (Other)

Notice(Other) AND Notice of Hearing

Motion Hearing

Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Video Oral Argument Motion Hearing held on 4/26/2021. Case called. Plaintiff represented by Scarlet Kim, Patrick Toomey, and Tarek Ismail. Defendants represented by AUSA Kathleen Mahoney. Discussions held on the record re 48 Letter Requesting Oral Argument on the cross-motions for summary judgment, ECF Nos. 32 and 41 . AUSA Mahoney is directed to provide a hard copy of the said documents for an in camera review by the Court. Decision reserved. (FTR Log# Cisco Webex Meeting Video 10:00 AM-10:45 AM) Contact the E.S.R., Dept., at (718) 613-2590 to order the transcript. (Vertus, Miriam)

Letter to Honorable Ramon E. Reyes, Jr. identifying the documents Defendant respectfully requests be reviewed in camera by U.S. Customs and Border Protection (Mahoney, Kathleen) (Entered: 04/29/2021)

Letter to Honorable Ramon E. Reyes, Jr. identifying the documents Plaintiffs respectfully request be reviewed in camera by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR (Kim, Scarlet) (Entered: 04/30/2021)

Letter to Honorable Ramon E. Reyes, Jr. enclosing documents for in camera review by U.S. Customs and Border Protection (Mahoney, Kathleen) (Entered: 05/07/2021)

TRANSCRIPT of Proceedings held on April 26, 2021, before Judge Reyes. Court Reporter/Transcriber Transcriptions Plus II, Inc.. Email address: RL.Transcriptions2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 4/19/2022. Redacted Transcript Deadline set for 4/29/2022. Release of Transcript Restriction set for 6/27/2022. (Hong, Loan) (Entered: 03/29/2022)

ORDER granting in part and denying in part 32 Motion for Summary Judgment; granting in part and denying in part 41 Motion for Summary Judgment. Written decision to follow. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/31/2022. (Reyes, Ramon)

Order on Motion for Summary Judgment

Order on Motion for Summary Judgment AND Order on Motion for Summary Judgment

MEMORANDUM AND ORDER re 32 & 41 Motions for Summary Judgment. For the reasons set forth herein, both parties' motions for summary judgment are granted in part and denied in part without prejudice. With respect to the adequacy of the Va ughn index and declaration, Plaintiffs' cross-motion is granted and Defendant's motion is denied. With respect to the propriety of invoking FOIA Exemptions to withhold information, Defendant's motion is granted, and Plaintiffs' ; motion is denied for records withheld under Exemption 7(E) and reviewed in camera, pending the release of segregable non-exempt information and submission of a segregability analysis, as detailed herein. The Court reserves judgment insofar a s documents that were withheld under Exemptions 3 and 7(E) but not reviewed in camera. Lastly, with respect to whether non-exempt information was reasonably segregated and released, the Court reserves judgment.Defendant is directed to relea se all non-exempt and segregable information, submit an amended or supplemental Vaughn index and/or declaration that adequately establishes its Exemption 3 and 7(E) claims, and provide a reasonably specific segregability analysis. The segregab ilty analysis must address all documents challenged in Plaintiffs' cross-motion, provide a detailed description of withheld information, and explain how non-exempt material is dispersed throughout each document. These must be submitted by December 16, 2022. The Court will hold a telephone conference to discuss further proceedings on December 27, 2022, at 12:00 P.M.Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 11/2/2022. (BR)