Courthouse News has this on the Class Action FOIA lawsuit brought against the Customs and Border Protection (CBP) FOIA Office. The Judge has postponed a ruling on certifying the class for six (6) months because there has been no proof that the CBP had a pattern and practice of illegally delaying and denying these FOIA requests. However, the Judge did award discovery to the plaintiffs to see if they could gather evidence on this issue.
Its going to be a tough road for the plaintiffs in this one. I'm going to guess that they will find that the agency is underfunded and lacks any type of planning to reduce its backlog rather than having employees willfully blocking and delaying the plaintiffs' requests.