Legal Opinion

Brown v. U.S. Customs & Border Protection

District Court, N.D. California

Decided September 17, 2015No. Case No. 15-cv-01181-JDPublishedCited by 1 opinion

1Opinion of the Court

ORDER DENYING MOTION TO DISMISS

JAMES DONATO, United States District Judge

Plaintiffs submitted Freedom of Information Act (“FOIA”) requests to defendants United States Customs and Border Protection and Department of Homeland Security (together, “CBP”) that have gone unanswered far beyond the deadline Congress mandated. They allege a single claim in this putative class action: CBP has violated FOIA by engaging in a pattern and practice of failing to respond to FOIA requests within the statutory time-line. Dkt. No. 22. Defendants move to dismiss the complaint for failure to state a claim and for…

2Cases cited14 opinions

Ashcroft v. IqbalSupreme Court of the United States · 2009
Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
Sprewell v. Golden State WarriorsCourt of Appeals for the Ninth Circuit · 2001
In Re Gilead Sciences Securities LitigationCourt of Appeals for the Ninth Circuit · 2008
Sterling Usher v. City of Los Angeles, Richard A. Gonzales, Michael E. Melton, Jose E. Ramirez, Joe Rios, and Robert L. VannCourt of Appeals for the Ninth Circuit · 1987

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3Cited by1 opinion

Nightingale v. U.S. Citizenship and Immigration ServicesDistrict Court, N.D. California · 2019