Boylan

Boylan v. Morgan

Good Law
United States District Court, Southern District of CaliforniaDecember 30, 20203:20-cv-01967California2,304 words

Opinion

Trial Court Opinion

I. BACKGROUND

26 On October 6, 2020, Plaintiff filed suit in this district, alleging violations of his 27 Fourth and Fifth Amendment rights, violations of the Administrative Procedures Act, and 28 seeking records under the Freedom of Information Act, relating to his denied entry into the Global Entry Trusted Traveler Program. ECF No. 1. Currently pending before the Court are Defendants’ motions to dismiss. ECF Nos. 5, 12. As such, no Defendant has answered Plaintiff’s complaint. On December 8, 2020, Plaintiff filed the instant motion. ECF No. 8. On December 18, 2020, pursuant to a slight extension granted by the Court (ECF No. 11), Defendants filed their opposition. ECF No. 13. This Order follows. II. DISCUSSION In the instant motion, Plaintiff seeks an order from the Court requiring a pre-answer ENE, as well as expedited discovery. ECF No. 8. The Court will address these in turn. A. Plaintiff’s Request for a Pre-Answer ENE In this district, the Court generally conducts ENEs within forty-five days of the filing of an answer. See CivLR 16.1(c)(1) (“Within forty-five (45) days of the filing of…

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