Case: Ohio State University Moritz College of Law Civil Clinic and Advocates for Basic Legal Equality v. U.S. Customs and Border Protection

3:15-cv-00833 | U.S. District Court for the Northern District of Ohio

Filed Date: Nov. 18, 2014

Closed Date: 2016

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Case Summary

On November 18, 2014, plaintiffs, the Ohio State University Moritz College of Law Civil Clinic, which provides no-cost civil legal services, and ABLE, a non-profit legal assistance firm, filed this lawsuit in the U.S. District Court for the Southern District of Ohio under the Freedom of Information Act ("FOIA"), 5 U.S.C. §552, against U.S. Customs and Border Protection. Specifically, the plaintiffs allege that the defendant had failed to deliver records regarding the "Sandusky Bay Border Patrol…

On January 29, 2015, defendant moved to change venue to the U.S. District Court for the Northern District of Ohio on the grounds that defendant had been litigating the Muñiz-Muñiz case in the Northern District of Ohio, and information related to the plaintiff's FOIA request was filed under seal subject to a protective order for that case. Judge Gregory L. Frost found in favor of the defendant, and ordered the venue change on April 28, 2015. 2015 WL 1928736.

Over the following months, the parties discussed and outlined a plan for phased production of documents responsive to the plaintiffs' FOIA request. Judge Jack Zouhary ordered implementation of the plan on July 24, 2015. The plan narrowed the original request of the plaintiffs, separated document production into three phrases, and required that the government provide status reports to the Court at the end of each phase.

On February 24, 2016, the parties jointly moved to have the court determine whether the defendants were able to redact various information including dates, entry landmarks, arrest landmarks, and codes used to decipher landmarks under FOIA exemption 7(E), which exempts disclosure of techniques and procedures for law enforcement investigations. On June 1, 2016, the court ordered that the defendant was required to disclose date information but found the landmark information properly redacted.

Production was completed on July 22, 2016, and the parties jointly moved for dismissal with parties bearing their own costs on July 27, 2016. The case was dismissed on July 28, 2016.

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Summary Authors

Cade Boland (2/10/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5708530/parties/the-ohio-state-university-moritz-college-of-law-civil-clinic-v-united/

Judge(s)

Frost, Gregory L. (Ohio)

Attorney for Plaintiff

Akbar, Amna A. (Ohio)

Cooke, Elizabeth Ilgen (Ohio)

Heller, Mark R. (Ohio)

Attorney for Defendant

Dettelbach, Steven M (District of Columbia)

Judge(s)

Frost, Gregory L. (Ohio)

Zouhary, Jack (Ohio)

Attorney for Plaintiff

Akbar, Amna A. (Ohio)

Cooke, Elizabeth Ilgen (Ohio)

Heller, Mark R. (Ohio)

Mollo, Eugenio Jr. (Ohio)

Attorney for Defendant

Dettelbach, Steven M (District of Columbia)

Johnson, Lisa Hammond (Ohio)

King, Jody L. (Ohio)

Rendon, Carole S. (Ohio)

Rojas, Guillermo J. (Ohio)

Stark, John J. (Ohio)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:15-cv-00833	Docket The Ohio State University Moritz College of Law Civil Clinic v. United States Customs and Border Protection	July 28, 2016	July 28, 2016 Docket
1 3:15-cv-00833	Complaint for Injunctive Relief The Ohio State University Moritz College of Law Civil Clinic v. United States Customs and Border Protection U.S. District Court for the Southern District of Ohio	Nov. 18, 2014	Nov. 18, 2014 Complaint
20 2:14-cv-02329	Opinion and Order The Ohio State University Moritz College of Law Civil Clinic v. United States Customs and Border Protection U.S. District Court for the Southern District of Ohio	April 28, 2015	April 28, 2015 Order/Opinion
31 3:15-cv-00833	Order on Phased Production Plan The Ohio State University Moritz College of Law Civil Clinic v. United States Customs and Border Protection	July 24, 2015	July 24, 2015 Order/Opinion
46 3:15-cv-00833	Status Report The Ohio State University Moritz College of Law Civil Clinic v. United States Customs and Border Protection	June 20, 2016	June 20, 2016 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5708530/the-ohio-state-university-moritz-college-of-law-civil-clinic-v-united/

Last updated April 14, 2024, 3:05 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Injunctive Relief against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-4816246), ﬁled by The Ohio State University Moritz College of Law Civil Clinic, Advocates for Basic Legal Equality, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit FOIA Request) (Akbar, Amna) [Transferred from ohsd on 4/28/2015.] (Entered: 11/18/2014)	Nov. 18, 2014	Nov. 18, 2014
2	ORDER REASSIGNING CASE. Case reassigned to Judge Gregory L. Frost for all further proceedings. Judge Edmund A Sargus no longer assigned to case. Signed by Judge Edmund A Sargus on 11/19/2014. (dh1) [Transferred from ohsd on 4/28/2015.] (Entered: 11/19/2014)	Nov. 19, 2014	Nov. 19, 2014
3	Compliance forms regarding Local Rule 83.6 signed by Judge Gregory L. Frost on 11/21/14. (sem1) [Transferred from ohsd on 4/28/2015.] (Entered: 11/21/2014)	Nov. 21, 2014	Nov. 21, 2014
4	NOTICE by Plaintiffs Advocates for Basic Legal Equality, Inc., The Ohio State University Moritz College of Law Civil Clinic Summons (Akbar, Amna) [Transferred from ohsd on 4/28/2015.] (Entered: 11/25/2014)	Nov. 25, 2014	Nov. 25, 2014
5	Summons Issued as to United States Customs and Border Protection (kk2) [Transferred from ohsd on 4/28/2015.] (Entered: 11/26/2014)	Nov. 26, 2014	Nov. 26, 2014
6	NOTICE of Appearance by Eugenio Mollo, Jr for Plaintiffs Advocates for Basic Legal Equality, Inc., The Ohio State University Moritz College of Law Civil Clinic (Mollo, Eugenio) [Transferred from ohsd on 4/28/2015.] (Entered: 12/03/2014)	Dec. 3, 2014	Dec. 3, 2014
7	NOTICE of Appearance by Mark R Heller for Plaintiffs Advocates for Basic Legal Equality, Inc., The Ohio State University Moritz College of Law Civil Clinic (Heller, Mark) [Transferred from ohsd on 4/28/2015.] (Entered: 12/03/2014)	Dec. 3, 2014	Dec. 3, 2014
8	Corporate Disclosure Statement by Plaintiff Advocates for Basic Legal Equality, Inc.. (Heller, Mark) [Transferred from ohsd on 4/28/2015.] (Entered: 12/03/2014)	Dec. 3, 2014	Dec. 3, 2014
9	STIPULATION Stipulated Extension of Time for Defendant to Respond to Plaintiffs' Complaint by Defendant United States Customs and Border Protection. (Stark, John) [Transferred from ohsd on 4/28/2015.] (Entered: 01/07/2015)	Jan. 7, 2015	Jan. 7, 2015
	Reset Deadlines: Dft's answer due 1/29/2015. (sln1) [Transferred from ohsd on 4/28/2015.] (Entered: 01/08/2015)	Jan. 7, 2015	Jan. 7, 2015
10	MOTION to Change Venue by Defendant United States Customs and Border Protection. (Attachments: # 1 Exhibit A, Muniz-Muniz Amended Complaint, # 2 Exhibit B, Muniz- Muniz Docket Sheet, # 3 Exhibit C, Muniz-Muniz Stipulated Protective Order) (Stark, John) [Transferred from ohsd on 4/28/2015.] (Entered: 01/29/2015)	Jan. 29, 2015	Jan. 29, 2015
20	ORDER granting 10 Defendant's Motion to Change Venue. Signed by Judge Gregory L. Frost on 4/28/15. (sem) [Transferred from ohsd on 4/28/2015.]	April 28, 2015	April 28, 2015 RECAP
21	CASE TRANSFERRED IN from District of Ohio Southern. Case number 2:14-cv-02329. Electronic ﬁle, transfer order, and docket sheet received. (Entered: 04/28/2015)	April 28, 2015	April 28, 2015
	Judge Jeffrey J. Helmick assigned to case. (H,JD) (Entered: 04/28/2015)	April 28, 2015	April 28, 2015
	Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp II. (H,JD) (Entered: 04/28/2015)	April 28, 2015	April 28, 2015
20	ORDER granting 10 Defendant's Motion to Change Venue. Signed by Judge Gregory L. Frost on 4/28/15. (sem) [Transferred from ohsd on 4/28/2015.]	April 28, 2015	April 28, 2015 RECAP
	Copy of docket sheet mailed to attorneys Elizabeth Ilgen Cooke and Amna Amber Akbar. (H,JD) (Entered: 04/29/2015)	April 29, 2015	April 29, 2015
	Notice to Attorney Amna Amber Akbar. The Court ﬁnds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be ﬁled within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be ﬁled within 10 business days. (P,G) (Entered: 04/29/2015)	April 29, 2015	April 29, 2015
	Notice to Attorney Elizabeth Ilgen Cooke. The Court ﬁnds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be ﬁled within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be ﬁled within 10 business days. Related document 21 . (P,G) (Entered: 04/29/2015)	April 29, 2015	April 29, 2015
22	Attorney Appearance by Guillermo J. Rojas ﬁled by on behalf of United States Customs and Border Protection. (Rojas, Guillermo) (Entered: 04/29/2015)	April 29, 2015	April 29, 2015
23	Order reassigning case	May 12, 2015	May 12, 2015 PACER
24	Notice of Substitution of Counsel removing attorney Elizabeth I. Cooke and adding attorney Amna A. Akbar and adding attorney Mark R. Heller ﬁled by on behalf of All Plaintiffs. (Heller, Mark) (Entered: 05/12/2015)	May 12, 2015	May 12, 2015
23	Order reassigning case	May 12, 2015	May 12, 2015 PACER
	NOTICE [non-document] of Phone Status set for 5/19/15 at 9:30 AM before Judge Jack Zouhary. At that time, counsel are instructed to call the District Court conference line. (S,Na) (Entered: 05/15/2015)	May 15, 2015	May 15, 2015
25	Minute Order _ Telephone Conference	May 19, 2015	May 19, 2015 PACER
25	Minute Order _ Telephone Conference	May 19, 2015	May 19, 2015 PACER
26	Minute Order _ Telephone Conference	June 22, 2015	June 22, 2015 PACER
26	Minute Order _ Telephone Conference	June 22, 2015	June 22, 2015 PACER
28	Minute Order _ Telephone Conference	July 22, 2015	July 22, 2015 PACER
28	Minute Order _ Telephone Conference	July 22, 2015	July 22, 2015 PACER
29	Minute Order _ Telephone Conference	July 23, 2015	July 23, 2015 PACER
29	Minute Order _ Telephone Conference	July 23, 2015	July 23, 2015 PACER
31	Stipulation & Order	July 24, 2015	July 24, 2015 PACER
31	Stipulation & Order	July 24, 2015	July 24, 2015 PACER
33	Order	Nov. 13, 2015	Nov. 13, 2015 PACER
33	Order	Nov. 13, 2015	Nov. 13, 2015 PACER
34	Minute Order _ Telephone Conference	Nov. 25, 2015	Nov. 25, 2015 PACER
34	Minute Order _ Telephone Conference	Nov. 25, 2015	Nov. 25, 2015 PACER
36	Minute Order _ Telephone Conference	Dec. 3, 2015	Dec. 3, 2015 PACER
36	Minute Order _ Telephone Conference	Dec. 3, 2015	Dec. 3, 2015 PACER
38	Continue	Dec. 23, 2015	Dec. 23, 2015 PACER
38	Continue	Dec. 23, 2015	Dec. 23, 2015 PACER
39	Order on Motion to continue	Dec. 30, 2015	Dec. 30, 2015 PACER
39	Order on Motion to continue	Dec. 30, 2015	Dec. 30, 2015 PACER
40	Order	Feb. 2, 2016	Feb. 2, 2016 PACER
40	Order	Feb. 2, 2016	Feb. 2, 2016 PACER
41	Order on Motion for order	Feb. 5, 2016	Feb. 5, 2016 PACER
41	Order on Motion for order	Feb. 5, 2016	Feb. 5, 2016 PACER
42	Joint Brief ﬁled by Advocates for Basic Legal Equality, Inc. (Attachments: # 1 Declaration of Robert Lewandowski) (Akbar, Amna) Modiﬁed text on 2/25/2016 (M,L). (Entered: 02/24/2016)	Feb. 24, 2016	Feb. 24, 2016
43	Status Report ﬁled by United States Customs and Border Protection. (Johnson, Lisa) (Entered: 03/02/2016)	March 2, 2016	March 2, 2016
44	Attorney Appearance by Jody L. King ﬁled by on behalf of United States Customs and Border Protection. (King, Jody) (Entered: 03/02/2016)	March 2, 2016	March 2, 2016
45	Order	June 1, 2016	June 1, 2016 PACER
45	Order	June 1, 2016	June 1, 2016 PACER
46	Status Report ﬁled by United States Customs and Border Protection. Related document(s) 41 .(Johnson, Lisa) (Entered: 06/20/2016)	June 20, 2016	June 20, 2016
47	Order	June 24, 2016	June 24, 2016 PACER
47	Order	June 24, 2016	June 24, 2016 PACER
48	Stipulated Notice of Dismissal Under FRCP 41(a)(1) ﬁled by United States Customs and Border Protection. (Johnson, Lisa) (Entered: 07/27/2016)	July 27, 2016	July 27, 2016
49	Order Dismissing Case	July 28, 2016	July 28, 2016 PACER
49	Order Dismissing Case	July 28, 2016	July 28, 2016 PACER