Case: Suda v. United States Customs and Border Protection

Filing Fee Received

COMPLAINT for Damages and Injunctive Relief and Request for Jury Trial against All Defendants, filed by Ana Suda, Martha Hernandez. (Attachments: # 1 Civil Cover Sheet) (ACC) (Entered: 02/14/2019)

1 Civil Cover Sheet

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Filing fee: $ 400.00, receipt number 0977-2264527 (ACC)

Summons Issued as to Kevin K. McAleenan, Paul O'Neal, United States Customs and Border Protection, U.S. Attorney and U.S. Attorney General. (Originals mailed to Alex Rate) (ACC) (Entered: 02/14/2019)

Letter from Tyler P. Gilman, Clerk of Court, to Counsel Elizabeth K. Ehret re CM/ECF registration. Letter mailed to Counsel Ehret. (ACC) (Entered: 02/14/2019)

MOTION Omar C. Jadwat to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2265228.) Alexander H. Rate appearing for Plaintiffs Martha Hernandez, Ana Suda (Attachments: # 1 Declaration, # 2 Text of Proposed Order) (Rate, Alexander) (Entered: 02/15/2019)

1 Declaration

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2 Text of Proposed Order

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MOTION Cody Wofsy to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2265233.) Alexander H. Rate appearing for Plaintiffs Martha Hernandez, Ana Suda (Attachments: # 1 Declaration, # 2 Text of Proposed Order PHV PO) (Rate, Alexander) (Entered: 02/15/2019)

1 Declaration

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2 Text of Proposed Order PHV PO

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AFFIDAVIT/DECLARATION re 5 MOTION Cody Wofsy to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2265233.) by Martha Hernandez, Ana Suda. (Rate, Alexander) (Entered: 02/19/2019)

AFFIDAVIT/DECLARATION re 4 MOTION Omar C. Jadwat to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2265228.) by Martha Hernandez, Ana Suda. (Rate, Alexander) (Entered: 02/25/2019)

Remark: Elizabeth Ehret is now a registered CM/ECF user. (SLR)

Remark

ORDER granting 4 5 Motions to Appear Pro Hac Vice for Attorneys Omar C. Jadwat and Cody H. Wofsy for plaintiffs Martha Hernandez and Ana Suda; Acknowledgment of PHV Order due by 3/19/2019. Signed by Judge Brian Morris on 3/4/2019. (TLO)

Letter from Tyler P. Gilman, Clerk of Court, to PHV Counsel Jadwat re CM/ECF registration. Letter and Order 8 mailed to Counsel Jadwat (TLO) (Entered: 03/04/2019)

Letter from Tyler P. Gilman, Clerk of Court, to PHV Counsel Wofsy re CM/ECF registration. Letter and Order 8 mailed to Counsel Wofsy (TLO) (Entered: 03/04/2019)

Remark: Cody Wofsy is now a registered electronic CM/ECF user. (SLR)

Remark

Remark: Attorney Omar Jadwat is now a registered user. (MMS) (Entered: 03/11/2019)

Proof of Service filed by Martha Hernandez, Ana Suda. Service by Physical on 3/5/19. (Attachments: # 1 Exhibit Return of Service, # 2 Exhibit Return of service) (Rate, Alexander) (Entered: 03/18/2019)

Proof of Service filed by Martha Hernandez, Ana Suda. Service by Physical on 2/19/19. (Attachments: # 1 Exhibit Return of Service) (Rate, Alexander) (Entered: 03/18/2019)

Proof of Service filed by Martha Hernandez, Ana Suda. Service by Physical on 2/19/19. (Attachments: # 1 Exhibit Return of Service) (Rate, Alexander) (Entered: 03/18/2019)

Set Deadlines: United States Customs and Border Protection answer due 4/22/2019. (SLR)

Set Deadlines: Kevin K. McAleenan answer due 4/22/2019. (SLR)

Set Deadlines: Paul O'Neal answer due 5/6/2019. (SLR)

Set/Reset Deadlines

NOTICE of Acknowledgment of Pro Hac Vice Order by Martha Hernandez, Ana Suda re 8 Order on Motion to Appear Pro Hac Vice, (Wofsy, Cody) (Entered: 03/19/2019)

NOTICE of Acknowledgment of Pro Hac Vice Order by Martha Hernandez, Ana Suda re 8 Order on Motion to Appear Pro Hac Vice, (Jadwat, Omar) (Entered: 03/19/2019)

MOTION to Dismiss for Lack of Jurisdiction Chad C. Spraker appearing for Defendants John Does 1-25, Kevin K. McAleenan, Paul O'Neal, United States Customs and Border Protection (Spraker, Chad) (Entered: 04/19/2019)

Brief/Memorandum in Support re 17 MOTION to Dismiss for Lack of Jurisdiction filed by John Does 1-25, Kevin K. McAleenan, Paul O'Neal, United States Customs and Border Protection. (Spraker, Chad) (Entered: 04/19/2019)

Unopposed MOTION for Extension of Time to File Response/Reply Alexander H. Rate appearing for Plaintiffs Martha Hernandez, Ana Suda (Attachments: # 1 Text of Proposed Order) (Rate, Alexander) (Entered: 04/30/2019)

ORDER granting 19 Motion for Extension of Time to File Response/Reply re 17 MOTION to Dismiss for Lack of Jurisdiction . Plaintiffs' Brief in Opposition to Defendants' Rule 12(b)(1) Motion shall be due on or before 6/14/2019. Defendants Reply Brief in Support of their Rule 12(b)(1) Motion shall be due within fourteen days of the Response Brief filing date, pursuant to Local Rule 7.1(d) Dist. Mont. Signed by Judge Brian Morris on 4/30/2019. (TLO) (Entered: 04/30/2019)

First MOTION for Extension of Time to File Answer Paul R. Haffeman appearing for Defendant Paul O'Neal (Attachments: # 1 Text of Proposed Order) (Haffeman, Paul) (Entered: 05/06/2019)

ORDER: Defendant O'Neill having filed an 21 Unopposed Motion for Extension of Time to File Answer, Affirmative Defenses and Jury Demand, said motion is hereby GRANTED. THEREFORE, IT IS ORDERED that Defendant O'Neill shall file his Answer to the Complaint on or before June 4, 2019. Signed by Judge Brian Morris on 5/7/2019. (SLR) (Entered: 05/07/2019)

NOTICE of Change of Address by Alexander H. Rate (Rate, Alexander) (Entered: 05/07/2019)

Notice of Correction re 23 Notice of Change of Address. The filing error relates to: Improper Signature. See the attached document for a brief description of the error made. (SLR) (Entered: 05/08/2019)

TEXT ORDER Setting Hearing on Motion 17 MOTION to Dismiss for Lack of Jurisdiction : IT IS HEREBY ORDERED that the Motion Hearing is set for 7/10/2019 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Signed by Judge Brian Morris on 5/15/2019. (SLL) (Entered: 05/15/2019)

NOTICE of Substitution of Counsel by Paul O'Neal (Laird, Cory) (Entered: 05/29/2019)

NOTICE of Substitution of Counsel by Paul O'Neal (Jasper, Lance) (Entered: 05/29/2019)

NOTICE by Martha Hernandez, Ana Suda (Rate, Alexander) (Entered: 05/30/2019)

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint Cory R. Laird appearing for Defendant Paul O'Neal (Attachments: # 1 Exhibit Proposed Order) (Laird, Cory) (Entered: 06/03/2019)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Cory R. Laird appearing for Defendant Paul O'Neal (Laird, Cory) (Entered: 06/04/2019)

Brief/Memorandum in Support re 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Paul O'Neal. (Laird, Cory) (Entered: 06/04/2019)

Unopposed MOTION to Amend/Correct Caption Cory R. Laird appearing for Defendant Paul O'Neal (Attachments: # 1 Exhibit Proposed Order) (Laird, Cory) (Entered: 06/04/2019)

ORDER; The Unopposed Motion for Extension of Time, 29, is GRANTED and counsel for Defendant CBP Agent Paul ONeill, in his individual capacity, shall not be required to file his answer to the entirety or remainder of the Plaintiffs Complaint 1 until fourteen(14) days after this Courts adjudication of his 12(b)(6) Motion to Partially Dismiss the Plaintiffs Complaint. Signed by Judge Brian Morris on 6/5/2019. (TLO) (Entered: 06/05/2019)

ORDER; Upon review of the Unopposed Motion for Amend Caption 32 filed June 4, 2019, and good cause appearing, IT IS HEREBY ORDERED that the Unopposed Motion for Extension of Time, is GRANTED. The caption is HEREBY amended as follows: ANA SUDA and MARTHA HERNANDEZ, Plaintiffs, v. UNITED STATES CUSTOMS AND BORDER PROTECTION; CBP COMMISSIONER KEVIN K. MCALEENAN, in his official capacity; CBP AGENT PAUL ONEILL, in his individual and official capacities; and JOHN DOES 1-25, in their individual and official capacities, Defendants. Signed by Judge Brian Morris on 6/5/2019. (TLO) (Entered: 06/05/2019)

RESPONSE to Motion re 17 MOTION to Dismiss for Lack of Jurisdiction filed by Martha Hernandez, Ana Suda. (Wofsy, Cody) (Entered: 06/14/2019)

Joint MOTION Reschedule Oral Argument Alexander H. Rate appearing for Plaintiffs Martha Hernandez, Ana Suda (Attachments: # 1 Text of Proposed Order) (Rate, Alexander) (Entered: 06/17/2019)

ORDER: Upon the 36 Joint Motion to Reschedule Oral Argument, IT IS HEREBY ORDERED that the Motion Hearing set for July 10, 2019 is VACATED and RESET for October 2, 2019 at 1:30 p.m. before the undersigned. Signed by Judge Brian Morris on 6/18/2019. (SLR) (Entered: 06/18/2019)

Unopposed MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Dismiss for Lack of Jurisdiction Chad C. Spraker appearing for Defendants John Does 1-25, Kevin K. McAleenan, Paul O'Neal, United States Customs and Border Protection (Attachments: # 1 Text of Proposed Order) (Spraker, Chad) (Entered: 06/18/2019)

ORDER; Pursuant to the unopposed motion of Defendants United States Customs and Border Protection and Kevin McAleenan and Paul ONeill, in their official capacities, for an extension of time to file a reply in support of their motion to dismiss, and good cause appearing, IT IS ORDERED that Defendants motion is granted. Their reply shall be due on or before July 26, 2019. Signed by Judge Brian Morris on 6/19/2019. (TLO) (Entered: 06/19/2019)

RESPONSE to Motion re 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Martha Hernandez, Ana Suda. (Wofsy, Cody) (Entered: 06/25/2019)

Unopposed MOTION for Extension of Time to File Response/Reply as to 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Cory R. Laird appearing for Defendant Paul O'Neal (Attachments: # 1 Text of Proposed Order) (Laird, Cory) (Entered: 06/28/2019)

ORDER: Upon review of the 41 Unopposed Motion for Extension of Time filed June 28, 2019, and good cause appearing, IT IS HEREBY ORDERED that the Unopposed Motion for Extension of Time is GRANTED and counsel for Defendant CBP Agent Paul ONeill, in his individual capacity, shall have up to and including Friday, July 19, 2019 to file his reply brief in support of his partial 12(b)(6) 30 Motion to Dismiss. Signed by Judge Brian Morris on 6/28/2019. (ACC) (Entered: 06/28/2019)

REPLY to Response to Motion re 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Paul O'Neal. (Laird, Cory) (Entered: 07/18/2019)

REPLY to Response to Motion re 17 MOTION to Dismiss for Lack of Jurisdiction filed by Kevin K. McAleenan, Paul O'Neal, United States Customs and Border Protection. (Spraker, Chad) (Entered: 07/26/2019)

NOTICE by Martha Hernandez, Ana Suda Regarding Motions to Dismiss (Wofsy, Cody) (Entered: 09/16/2019)

MINUTE ENTRY for proceedings held before Judge Brian Morris: MOTION HEARING held 10/02/2019: Counsel Alexander Rate and Danielle Coffman appearing on behalf of the Plaintiffs; AUSA Chad Spraker appearing on behalf of Defendants U.S. Customs and Border Protection and Kevin McAleenan; and, Counsel Cory Laird appearing on behalf of Defendant Paul ONeal. This hearing is with regard to Defendants 17 and 30 Motions to Dismiss. Counsel Spraker, Laird, and Rate w/argument. Court rules that Plaintiffs Complaint with regard to compensatory and punitive damages against the United States is dismissed with prejudice on the basis of sovereign immunity; remaining motions are submitted. Hearing commenced at 1:41 p.m. and concluded at 2:23 p.m.. (Court Reporter Y. Heinze.) (Law Clerk: E. Guitierezz-Caton), (Hearing held in Charles Pray Courtroom, Great Falls, MT) (SLR) (Entered: 10/02/2019)

NOTICE of Withdrawal of Counsel: Elizabeth K. Ehret withdrawing from the case, filed by Martha Hernandez, Ana Suda (Ehret, Elizabeth) (Entered: 10/31/2019)

Unopposed MOTION to Amend/Correct 1 Complaint Danielle Ann Rand Coffman appearing for Plaintiffs Martha Hernandez, Ana Suda (Attachments: # 1 Exhibit Amended Complaint, # 2 Text of Proposed Order Proposed Order) (Coffman, Danielle) (Entered: 01/28/2020)

ORDER granting 48 Plaintiffs' Motion for Leave to Amend Complaint. SEE ORDER FOR FULL DETAILS AND DEADLINE. Signed by Judge Brian Morris on 1/28/2020. (SLR) (Entered: 01/28/2020)

AMENDED COMPLAINT against All Defendants, filed by Ana Suda, Martha Hernandez. (Coffman, Danielle) (Entered: 01/29/2020)

Set/Reset Deadlines

Set Deadlines: Mark A. Morgan answer due 2/27/2020; Paul O'Neal answer due 2/27/2020; United States answer due 2/27/2020; United States Customs and Border Protection answer due 2/27/2020. (SLR)

Unopposed MOTION for Extension of Time to File Responsive Pleading to the Amended Complaint Chad C. Spraker appearing for Defendants Mark A. Morgan, United States, United States Customs and Border Protection (Attachments: # 1 Text of Proposed Order) (Spraker, Chad) (Entered: 02/24/2020)

Unopposed MOTION for Extension of Time to File Answer re 50 Amended Complaint, Set/Reset Deadlines Cory R. Laird appearing for Defendant Paul O'Neal (Attachments: # 1 Text of Proposed Order Proposed Order) (Laird, Cory) (Entered: 02/24/2020)

Terminate Deadlines

Order on Motion for Extension of Time to Answer

ORDER granting in part and denying in part 17 Motion to Dismiss for Lack of Jurisdiction on behalf of Defendants U.S. CBP, CBP Commissioner Mark A. Morgan, in his official capacity, CBP Agent Paul ONeill, in his official capacity, and John Does 1- 25, in their official capacities. Any claim for damages against Defendants in their official capacity is dismissed. The 30 Motion to Dismiss for Lack of Jurisdiction on behalf of Defendant O'Neil, in his personal capacity is GRANTED. Any claim for equitable relief against Defendant O'Neil in his individual capacity is dismissed. Signed by Judge Brian Morris on 2/26/2020. (MMS)

PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 3/16/2020. Joint Discovery Plan due by 3/16/2020. Statement of Stipulated Facts due by 3/16/2020. Telephonic Pretrial Conference set for 3/19/2020 at 01:30 PM in Great Falls, MT before Judge Brian Morris. The Court will contact the parties with the call-in number. Signed by Judge Brian Morris on 3/5/2020. (SLR) (Entered: 03/05/2020)

ANSWER to 50 Amended Complaint by Paul O'Neal. (Laird, Cory) (Entered: 03/05/2020)

ANSWER to 50 Amended Complaint for Defendants CBP; CBP Acting Comissioner Morgan, in his official capacity; and CBP Agent O'Neill, in his official capacity by Mark A. Morgan, Paul O'Neal, United States, United States Customs and Border Protection. (Spraker, Chad) (Entered: 03/05/2020)

PRELIMINARY PRETRIAL STATEMENT by Mark A. Morgan, Paul O'Neill, United States, United States Customs and Border Protection. (Spraker, Chad) (Entered: 03/13/2020)

JOINT DISCOVERY PLAN by Martha Hernandez, Ana Suda. (Rate, Alexander) (Entered: 03/16/2020)

STATEMENT OF STIPULATED FACTS by Martha Hernandez, Ana Suda. (Rate, Alexander) (Entered: 03/16/2020)

PRELIMINARY PRETRIAL STATEMENT by Martha Hernandez, Ana Suda. (Rate, Alexander) (Entered: 03/16/2020)

PRELIMINARY PRETRIAL STATEMENT by Paul O'Neill. (Laird, Cory) (Entered: 03/16/2020)

MINUTE ENTRY for proceedings held before Judge Brian Morris: Telephonic Pretrial Conference held on 3/19/2020. (SLL) (Entered: 03/19/2020)

SCHEDULING ORDER: Amended Pleadings due by 5/1/2020. Joinder of Parties due by 5/1/2020. Discovery due by 12/1/2020. Motions due by 1/30/2021. Proposed Pretrial Order due by 3/31/2021. Final Pretrial Conference set for 4/15/2021 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Jury Trial set for 4/27/2021 at 09:00 AM in Great Falls, MT before Judge Brian Morris. SEE ORDER FOR FULL DETAILS AND DEADLINES. Signed by Judge Brian Morris on 3/19/2020. (SLR) (Entered: 03/19/2020)

NOTICE by Paul O'Neill Substitution of Firm (Laird, Cory) (Entered: 04/14/2020)

MOTION Daniel A. Galindo to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2519666.) Alexander H. Rate appearing for Plaintiffs Martha Hernandez, Ana Suda (Attachments: # 1 Affidavit of Daniel A. Galindo, # 2 Text of Proposed Order) (Rate, Alexander) (Entered: 07/30/2020)

ORDER: Plaintiffs have moved for admission of Daniel A. Galindo (Mr. Galindo), to practice before this Court in this case with Alex Rate, ACLU of Montana Foundation, to act as local counsel. Mr. Galindo's application appears to be in compliance with L.R. 83.1(d). IT IS HEREBY ORDERED: Plaintiffs' 67 motion to allow Mr. Galindo to appear on their behalf is GRANTED on the following conditions: **SEE ORDER FOR FULL DETAILS**. Signed by Judge Brian Morris on 8/3/2020. (ACC) (Entered: 08/03/2020)

Letter from Tyler P. Gilman, Clerk of Court, to PHV Counsel Daniel Galindo re CM/ECF registration. Letter mailed to Counsel Galindo. (ACC) (Entered: 08/03/2020)

Remark

Remark: Daniel Galindo is now a registered CM/ECF user. (SLR)

NOTICE of Acknowledgment of Pro Hac Vice Order by Martha Hernandez, Ana Suda re 68 Order on Motion to Appear Pro Hac Vice, (Galindo, Daniel) (Entered: 08/12/2020)

Unopposed MOTION Julie Veroff to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2526922.) Alexander H. Rate appearing for Plaintiffs Martha Hernandez, Ana Suda (Attachments: # 1 Exhibit A - Affidavit of Julie Veroff, # 2 Notary Completion Certificate, # 3 Text of Proposed Order) (Rate, Alexander) (Entered: 08/13/2020)

ORDER granting 71 Motion to Appear Pro Hac Vice as to Julie Veroff. Acknowledgment of PHV Order due by 9/1/2020. PLEASE SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 8/17/2020. (MMS) (Copy of order mailed to counsel Veroff)

Remark

Letter from Tyler P. Gilman, Clerk of Court, to PHV Counsel Julie Veroff re CM/ECF registration. (MMS) (Copy mailed to counsel Veroff) (Main Document 73 replaced on 8/18/2020) (MMS). Modified on 8/18/2020 to reflect order was mistakenly attached instead of letter (MMS). (Entered: 08/17/2020)

Remark: Counsel Julie Veroff is now a registered electronic CM/ECF user. (SLR)

NOTICE of Acknowledgment of Pro Hac Vice Order by Martha Hernandez, Ana Suda re 72 Order on Motion to Appear Pro Hac Vice (Veroff, Julie) (Entered: 08/17/2020)

NOTICE of Substitution of Counsel (AUSA Brendan P. McCarthy for AUSA Chad C. Spraker) by Kevin K. McAleenan, Mark A. Morgan, Paul O'Neill, United States, United States Customs and Border Protection (Francis, Victoria) (Entered: 08/21/2020)

Unopposed MOTION for Mediation, Unopposed MOTION to Amend/Correct 65 Scheduling Order, Victoria L. Francis appearing for Defendants United States, United States Customs and Border Protection (Attachments: # 1 Text of Proposed Order) (Francis, Victoria) (Entered: 09/11/2020)

ORDER REFERRING CASE to Magistrate Judge John Johnston. Upon the 76 Unopposed Motion to Amend Scheduling Order and Schedule Matter for Mediation, IT IS HEREBY ORDERED that this case is referred to United States Magistrate Judge John Johnston, pursuant to L.R. 72.2(b), for the purpose of conducting a settlement conference. Judge Johnston will conduct a telephonic scheduling call on Wednesday, September 16, 2020 at 10:00 a.m. Signed by Judge Brian Morris on 9/14/2020. (ACC) (Entered: 09/14/2020)

MINUTE ENTRY for proceedings held before Magistrate Judge John Johnston: Scheduling Conference held on 9/16/2020. (SLL) (Entered: 09/16/2020)

Order: Settlement Conference is set for 11/5/2020 at 09:00 AM in Missoula, MT before Magistrate Judge John Johnston. PLEASE SEE ORDER FOR FULL DETAILS. Signed by Magistrate Judge John Johnston on 9/16/2020. (MMS) (Entered: 09/16/2020)

Scheduling Conference

AMENDED SCHEDULING ORDER: IT IS HEREBY ORDERED that this Courts Scheduling Order issued on March 19, 2020 is amended as follows: All parties shall disclose liability experts on or before: December 17, 2020. Plaintiffs shall disclose damages experts on or before: December 17, 2020. Defendants shall disclose damages experts on or before: January 18, 2021. All parties shall disclose rebuttal experts on or before: February 16, 2021. Discovery shall close: March 1, 2021. All pretrial motions, other than discovery motions, shall be filed and fully briefed on or before: April 30, 2021. The following deadlines are VACATED. The Court will conduct a scheduling conference upon completion of the mediation conference, if necessary: Attorney conference to discuss preparation Of final pretrial order on or before: VACATED. Proposed final pretrial order: VACATED.Final pretrial conference: VACATED. Trial briefs, jury instructions due: VACATED. Trial (6 member jury): VACATED. All other terms of the Scheduling Order 65 will remain in full force and effect. Signed by Judge Brian Morris on 9/24/2020. (TLO) (Entered: 09/24/2020)

Unopposed MOTION for Protective Order Victoria L. Francis appearing for Defendants Mark A. Morgan, Paul O'Neill, United States, United States Customs and Border Protection (Attachments: # 1 Text of Proposed Order) (Francis, Victoria) (Entered: 09/29/2020)

STIPULATION re 81 Unopposed MOTION for Protective Order by Mark A. Morgan, Paul O'Neill, United States, United States Customs and Border Protection. (Francis, Victoria) (Entered: 09/29/2020)

PROTECTIVE ORDER. Signed by Judge Brian Morris on 9/29/2020. (SLR) (Entered: 09/29/2020)