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Case TitleLawyers' Committee For Civil Rights of the San Francisco Bay Area v. United States Department of Treasury
DistrictNorthern District of California
CityOakland
Case Number4:2007cv02590
Date Filed2007-05-16
Date Closed2011-08-31
JudgeHon. Phyllis J. Hamilton
PlaintiffLawyers' Committee For Civil Rights of the San Francisco Bay Area
Case DescriptionThe Lawyers Committee for Civil Rights submitted a FOIA request to the Department of the Treasury for records concerning complaints made to the Office of Foreign Asset Control's hotline. The agency acknowledged receipt of the request, but after hearing nothing further from the agency. LCCR filed suit.
Complaint issues: Failure to respond within statutory time limit, Fee Category - Media or Educational, Litigation - Attorney's fees

DefendantUnited States Department of Treasury
Documents
Docket
Complaint
Opinion/Order [8]
Opinion/Order [13]
Opinion/Order [33]
Opinion/Order [34]
Opinion/Order [36]
Opinion/Order [39]
Opinion/Order [40]
Opinion/Order [57]
FOIA Project Annotation: A federal court in California has ruled that the Treasury Department's Office of Foreign Assets Control has failed to show that 346 delisting petitions‚Ä"submitted by individuals and entities challenging their inclusion on a "specially designated nationals" list deemed to be a threat to national security‚Ä"are categorically protected under any sub-part of Exemption 7(law enforcement records) and that the agency confused its categorical exemption claims with its obligation to conduct a segregability analysis. The Lawyers Committee for Civil Rights of San Francisco Bay Area (LCCR) argued that the petitions did not qualify as law enforcement records under the threshold of Exemption 7 because they were generated by third parties and not the agency. Judge Phyllis Hamilton rejected that claim and pointed out that under the Supreme Court's decision in John Doe Corp. v. John Doe Agency, 493 U.S. 146 (1989), compiled documents "include documents have been 'collected and assembled from various sources or other documents." She indicated that "even though the delisting petitions were prepared by third parties and maintained and collected by OFAC, they may nevertheless be considered 'compiled' by OFAC for purposes of section 552(b(7), and thus satisfy the threshold test for section 7 exemptions." She then noted, however, that "Treasury seeks to withhold the delisting petitions on a categorical basis, but has failed to make an appropriate showing entitling it to categorical withholding. Treasury has failed entirely to define functional categories of documents." Hamilton then analyzed the possible categorical application of Exemption 7(A) (interference with ongoing investigation or proceeding) and Exemption 7(F) (harm to an individual), the only two sub-parts that might conceivably apply. She first questioned why OFAC had concluded that the petitions must be withheld in their entirety and that no information could be segregated and released. Indicating that "it is not sufficient for an agency to simply conclude that there is no segregable information without explaining its reasons for such a conclusion," she observed that "Treasury confuses the issue of segregability with the categorical application of the exemption. However, the inquiry regarding the segregability of exempt and non-exempt material within the documents themselves is not the same as the inquiry regarding whether a class of documents may be withheld. In other words, this court could determine that exemption 7(A) applied categorically to a class of documents, e.g., the delisting petitions, but Treasury would still be required to demonstrate that the 'reasonably segregable portions' of the documents within that class of documents had been produced." Treasury argued that it did not have to show the precise facts that would be exempt under Exemption 7(F). But Hamilton replied that the agency's claim "misstates the showing that is required to withhold entire documents. Instead, the showing that Treasury is required to make, and that it ignores, is that it is impossible for it to segregate non-exempt information within the petitions." She pointed out that OFAC confused the showing needed to establish the categorical application of an exemption with the showing needed to establish that the records actually fell within the scope of the exemption itself. She explained that the agency's declaration "does not enable the court to conclude that disclosure of the delisting petitions could reasonably interfere with a pending law enforcement action. Specifically, the declaration does not explain how disclosure of the petitions is likely to jeopardize other pending proceedings." As to the Exemption 7(F) claim, Hamilton indicated that the sparse case law suggested a greater degree of deference to agencies' claims. But she concluded that "as with Exemption 7(A), conclusory, unsupported statements will not suffice. . . Treasury's assertion regarding danger to an applicant upon release of the delisting petitions is nothing more than unsupported speculation. . ." Because the agency had not substantiated its claims under the exemptions for privacy, confidential sources, and confidential business information, Hamilton ordered OFAC and LCCR to discuss what information in the delisting petitions might legitimately fall within the scope of those exemptions and report back to the court.
Issues: Exemption 7(A) - Categorical exemption
Opinion/Order [60]
Opinion/Order [71]
FOIA Project Annotation: A federal court in California has accepted a broad interpretation of Exemption 7(F) (harm to an individual) to protect the identities of individuals who submitted delisting petitions to the Department of Treasury relating to their involvement in drug-trafficking and national security cases. The Lawyers Committee for Civil Rights argued that Treasury was trying to use 7(F) to withhold confidential information the court had previously found was not protected by Exemption 7(D) (confidential sources). LCCR claimed that "the [agency's affidavit] is insufficient under either 7(D) or 7(F) because it fails to provide anything more than general or categorical claims that the numerous delisting petitioners are informants or confidential sources." But District Court Judge Phyllis Hamilton found that the agency had improved its previous affidavits significantly. She noted that the agency "is not seeking to withhold entire documents under 7(F), but has segregated out the information that it contends is exempt under 7(F)ÔŅĹ"the identities and other identifying information of petitioners." She observed that "contrary to its prior summary judgment papers, the Vaughn index that Treasury has provided to the court also confirms that it has conducted a document-by-document review to ensure that only those delisting petitions [containing identifying information about cooperating sources in drug-trafficking or national security cases] are placed in this particular category. Finally, Treasury has adequately explained why the redaction of identifying information in the above category of documents is appropriate under 7(F)." But she rejected a categorical claim of Exemption 7(A) (interference with law enforcement investigation or proceedings) to protect a handful of delisting petitions. Rejecting the 7(A) claims, Hamilton noted that "unlike Exemption 7(F), Treasury has again failed to make any showing, let alone a particularized one, that 7(A) should apply categorically. It has not defined a functional category of documents; nor has it provided any details regarding the proceedings with which release of the information will interfere."
Issues: Exemption 7(F) - Harm to safety of any person, Exemption 7(A) - Categorical exemption
Opinion/Order [73]
Opinion/Order [82]
Opinion/Order [85]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2007-05-161COMPLAINT against United States Department of Treasury (Filing fee $350, receipt number 34611006409). Filed byLawyers' Committee For Civil Rights of the San Francisco Bay Area. (kc, COURT STAFF) (Filed on 5/16/2007) Additional attachment(s) added on 5/21/2007 (cjl, COURT STAFF). (Entered: 05/18/2007)
2007-05-16CASE DESIGNATED for Electronic Filing. (kc, COURT STAFF) (Filed on 5/16/2007) (Entered: 05/18/2007)
2007-05-162ADR SCHEDULING ORDER: Case Management Statement due by 8/13/2007. Case Management Conference set for 8/20/2007 at 04:00 PM before Judge Wayne D. Brazil. (Attachments: # 1 Standing Order)(kc, COURT STAFF) (Filed on 5/16/2007) (Entered: 05/18/2007)
2007-05-16Summons Issued as to Adam J. Szubin, Director Office of Foreign Assets Control United States Department of Treasury. (kc, COURT STAFF) (Filed on 5/16/2007) Modified on 5/18/2007 (kc, COURT STAFF). (Entered: 05/18/2007)
2007-05-16Summons Issued as to U.S. Attorney General (kc, COURT STAFF) (Filed on 5/16/2007) Modified on 5/18/2007 (kc, COURT STAFF). (Entered: 05/18/2007)
2007-05-16Summons Issued as to Henry M. Paulson, Jr., Secretary of the Treasury, United States Department of Treasury. (kc, COURT STAFF) (Filed on 5/16/2007) Modified on 5/18/2007 (kc, COURT STAFF). (Entered: 05/18/2007)
2007-05-313NOTICE of Appearance by Peter T. Wechsler (Wechsler, Peter) (Filed on 5/31/2007) (Entered: 05/31/2007)
2007-06-134Declination to Proceed Before a U.S. Magistrate Judge by United States Department of Treasury. (cjl, COURT STAFF) (Filed on 6/13/2007) Additional attachment(s) added on 6/18/2007 (cjl, COURT STAFF). (Entered: 06/18/2007)
2007-06-185CLERK'S NOTICE re: Failure to E-File Docket #4. (cjl, COURT STAFF) (Filed on 6/18/2007) (Entered: 06/18/2007)
2007-06-206CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (wdblc2, COURT STAFF) (Filed on 6/20/2007) (Entered: 06/20/2007)
2007-06-217ORDER REASSIGNING CASE. Case reassigned to Judge Phyllis J. Hamilton for all further proceedings. Judge Wayne D. Brazil no longer assigned to the case. Signed by the Executive Committee on June 21, 2007. (cjl, COURT STAFF) (Filed on 6/21/2007) (Entered: 06/21/2007)
2007-06-228ORDER SETTING CASE MANAGEMENT CONFERENCE. Signed by Judge Phyllis J. Hamilton on 6/22/07. (nah, COURT STAFF) (Filed on 6/22/2007) (Entered: 06/22/2007)
2007-06-22Set Deadlines/Hearings: Case Management Statement due by 8/16/2007. Case Management Conference set for 8/23/2007 02:30 PM. (nah, COURT STAFF) (Filed on 6/22/2007) (Entered: 06/22/2007)
2007-06-229STIPULATION to Set Date for Response to Complaint by United States Department of Treasury. (Wechsler, Peter) (Filed on 6/22/2007) (Entered: 06/22/2007)
2007-07-0910CERTIFICATE OF SERVICE by Lawyers' Committee For Civil Rights of the San Francisco Bay Area Re: Service of Summons, Complaint & Initial Papers Provided by District Court (Burke, Thomas) (Filed on 7/9/2007) (Entered: 07/09/2007)
2007-07-2711MOTION to Dismiss the Complaint filed by United States Department of Treasury. Motion Hearing set for 10/17/2007 09:00 AM. (Attachments: # 1 memorandum# 2 Affidavit Virginia Canter# 3 Exhibit A to Canter Declaration# 4 Exhibit B to Canter Declaration# 5 Exhibit C to Canter Declaration# 6 Proposed Order)(Wechsler, Peter) (Filed on 7/27/2007) (Entered: 07/27/2007)
2007-07-3112STIPULATION and [Proposed] Order Setting Defendant's Motion to Dismiss and Vacating Current Case Management Schedule by Lawyers' Committee For Civil Rights of the San Francisco Bay Area. (Burke, Thomas) (Filed on 7/31/2007) (Entered: 07/31/2007)
2007-08-0213STIPULATION AND ORDER SETTING DEFENDANT'S MOTION TO DISMISS AND VACATING CURRENT CASE MANAGEMENT SCHEDULE re 11 MOTION to Dismiss the Complaint filed by United States Department of Treasury, 12 Stipulation filed by Lawyers' Committee For Civil Rights of the San Francisco Bay Area. Defendant's Motion to Dismiss set for 10/24/2007 09:00 AM. Signed by Judge Phyllis J. Hamilton on 8/2/07. (nah, COURT STAFF) (Filed on 8/2/2007) (Entered: 08/02/2007)
2007-10-0314MOTION for leave to appear in Pro Hac Vice of Lissa Wolfendale Shook ( Filing fee $ 210, receipt number 34611011072) filed by Lawyers' Committee For Civil Rights of the San Francisco Bay Area. (far, COURT STAFF) (Filed on 10/3/2007) (Entered: 10/03/2007)
2007-10-03Received Order re 14 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611011072.) by Lawyers' Committee For Civil Rights of the San Francisco Bay Area. (far, COURT STAFF) (Filed on 10/3/2007) (Entered: 10/03/2007)
2007-10-0315OPPOSITION to 11 Department of Treasury's Motion to Dismiss Complaint filed by Lawyers' Committee For Civil Rights of the San Francisco Bay Area. (Burke, Thomas) (Filed on 10/3/2007) Modified on 10/4/2007 (far, COURT STAFF). (Entered: 10/03/2007)
2007-10-0316DECLARATION of Shirin Sinnar in Support of 15 Opposition to United States Department of Treasury's Motion to Dismiss filed by Lawyers' Committee For Civil Rights of the San Francisco Bay Area. (Burke, Thomas) (Filed on 10/3/2007) Modified on 10/4/2007 (far, COURT STAFF). (Entered: 10/03/2007)
2007-10-0317DECLARATION of Thomas R. Burke in Support of 15 Opposition to United States Department of Treasury's Motion to Dismiss filed by Lawyers' Committee For Civil Rights of the San Francisco Bay Area. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Burke, Thomas) (Filed on 10/3/2007) Modified on 10/4/2007 (far, COURT STAFF). (Entered: 10/03/2007)
2007-10-0318CERTIFICATE OF SERVICE by Lawyers' Committee For Civil Rights of the San Francisco Bay Area re 17 Affidavit in Opposition to Motion, 16 Affidavit in Opposition to Motion, 15 Memorandum in Opposition (Burke, Thomas) (Filed on 10/3/2007) (Entered: 10/03/2007)
2007-10-0419ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE by Judge Phyllis J. Hamilton granting 14 Motion for Pro Hac Vice for Lissa Wolfendale Shook. (nah, COURT STAFF) (Filed on 10/4/2007) (Entered: 10/04/2007)
2007-10-0920MOTION for Extension of Time to File Response/Reply filed by United States Department of Treasury. (Attachments: # 1 Proposed Order proposed order# 2 Affidavit Second Declaration of Virginia Canter# 3 Exhibit A to Canter Declaration)(Wechsler, Peter) (Filed on 10/9/2007) (Entered: 10/09/2007)
2007-10-1221Memorandum in Opposition re 20 MOTION for Extension of Time to File Response/Reply Opposition to Department of Treasury's Motion to Amend The Briefing Schedule filed byLawyers' Committee For Civil Rights of the San Francisco Bay Area. (Burke, Thomas) (Filed on 10/12/2007) (Entered: 10/12/2007)
2007-10-1822Minute Entry: Telephone Conference held before Judge Phyllis J. Hamilton on 10/18/2007 (Date Filed: 10/18/2007). (Court Reporter Not Reported.) (nah, COURT STAFF) (Date Filed: 10/18/2007) (Entered: 10/18/2007)
2007-10-18Set/Reset Hearings: Defendant's Motion to Dismiss set for 11/28/2007 09:00 AM. (nah, COURT STAFF) (Filed on 10/18/2007) (Entered: 10/18/2007)
2007-10-2623MOTION to Continue plaintiff's motion to reschedule hearing date on motion to dismiss to December 12, 2007 filed by Lawyers' Committee For Civil Rights of the San Francisco Bay Area. Motion Hearing set for 12/12/2007 09:00 AM in Courtroom D, 15th Floor, San Francisco. (Burke, Thomas) (Filed on 10/26/2007) (Entered: 10/26/2007)
2007-10-2624DECLARATION of Thomas R. Burke in support of 23 plaintiff's motion to continue hearing date on motion to dismiss filed by Lawyers' Committee For Civil Rights of the San Francisco Bay Area. Motion Hearing set for 12/12/2007 09:00 AM in Courtroom D, 15th Floor, San Francisco. (Burke, Thomas) (Filed on 10/26/2007) Modified on 10/29/2007 (far, COURT STAFF). (Entered: 10/26/2007)
2007-10-2625Proposed Order on 23 plaintiff's motion to reschedule hearing date on motion to dimiss to December 12, 2007 by Lawyers' Committee For Civil Rights of the San Francisco Bay Area. (Burke, Thomas) (Filed on 10/26/2007) Modified on 10/29/2007 (far, COURT STAFF). (Entered: 10/26/2007)
2007-10-2926ORDER GRANTING PLAINTIFF'S MOTION TO RESCHEDULE HEARING DATE ON MOTION TO DISMISS TO DECEMBER 12, 2007 by Judge Phyllis J. Hamilton granting 23 Motion to Continue. THE ORIGINAL BRIEFING SCHEDULE SHALL REMAIN INTACT. (nah, COURT STAFF) (Filed on 10/29/2007) (Entered: 10/29/2007)
2007-10-29Set/Reset Hearings: Defendant's Motion to Dismiss set for 12/12/2007 09:00 AM. (nah, COURT STAFF) (Filed on 10/29/2007) (Entered: 10/29/2007)
2007-10-3127REPLY MEMORANDUM in Support of 11 Motion to Dismiss filed by United States Department of Treasury. (Attachments: # 1 Affidavit Virginia Canter# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C)(Wechsler, Peter) (Filed on 10/31/2007) Modified on 10/31/2007 (far, COURT STAFF). (Entered: 10/31/2007)
2007-11-1428SUR-REPLY to 27 Department of Treasury's Reply Memorandum in Support of Treasury's Motion to Dismiss Complaint filed by Lawyers' Committee For Civil Rights of the San Francisco Bay Area. (Burke, Thomas) (Filed on 11/14/2007) Modified on 11/19/2007 (far, COURT STAFF). (Entered: 11/14/2007)
2007-12-0429CLERK'S NOTICE TO ALL PARTIES WITH HEARINGS SET FOR DECEMBER 12, 2007 AT 9:00 A.M. (nah, COURT STAFF) (Filed on 12/4/2007) (Entered: 12/04/2007)
2007-12-1230Minute Entry: Motion Hearing held on 12/12/2007 before Phyllis J. Hamilton (Date Filed: 12/12/2007) re 11 MOTION to Dismiss the Complaint filed by United States Department of Treasury. (Court Reporter Belle Ball 415-373-2529) (nah, COURT STAFF) (Date Filed: 12/12/2007) Modified on 12/13/2007 (far, COURT STAFF). (Entered: 12/12/2007)
2008-01-1131Declaration of Virginia Canter (Fourth) filed byUnited States Department of Treasury. (Wechsler, Peter) (Filed on 1/11/2008) (Entered: 01/11/2008)
2008-01-1832TRANSCRIPT of Proceedings held on 12/12/07 before Judge Phyllis J, Hamilton. Court Reporter: Belle Ball.. (sv, COURT STAFF) (Filed on 1/18/2008) (Entered: 01/23/2008)
2008-02-1433ORDER by Judge Hamilton granting in part and denying in part defendant's motion for summary judgment and denying plaintiff's motion for discovery (pjhlc3, COURT STAFF) (Filed on 2/14/2008) (Entered: 02/14/2008)
2008-02-1434JUDGMENT. Signed by Judge Hamilton on 2/14/08. (pjhlc3, COURT STAFF) (Filed on 2/14/2008) (Entered: 02/14/2008)
2008-02-2535STIPULATION and [PROPOSED] ORDER FOR PLAINTIFF TO FILE A MOTION FOR ATTORNEYS' FEES by Lawyers' Committee For Civil Rights of the San Francisco Bay Area. (Burke, Thomas) (Filed on 2/25/2008) (Entered: 02/25/2008)
2008-02-2736STIPULATION AND ORDER FOR PLAINTIFF TO FILE A MOTION FOR ATTORNEYS' FEES re 35 Stipulation filed by Lawyers' Committee For Civil Rights of the San Francisco Bay Area. Signed by Judge Phyllis J. Hamilton on 2/27/08. (nah, COURT STAFF) (Filed on 2/27/2008) (Entered: 02/27/2008)
2008-03-2137Letter from Thomas R. Burke re URGENT REQUEST for Telephonic Hearing to Address Defendant Treasury's Non-Compliance with this Court's Order and Rescheduling of Motion for Attorneys' Fees . (Burke, Thomas) (Filed on 3/21/2008) (Entered: 03/21/2008)
2008-03-2138NOTICE by United States Department of Treasury re 37 Letter (Attachments: # 1 Exhibit letter)(Wechsler, Peter) (Filed on 3/21/2008) (Entered: 03/21/2008)
2008-03-2539Minute Entry: Telephonic Case Management Conference Held on 3/25/08. (pjhlc3, COURT STAFF) (Filed on 3/25/2008) Modified on 4/3/2008 (far, COURT STAFF). (Entered: 03/25/2008)
2008-03-2540ORDER vacating judgment and setting briefing schedule. Signed by Judge Hamilton on 3/25/08. (pjhlc3, COURT STAFF) (Filed on 3/25/2008) (Entered: 03/25/2008)
2008-05-29Set/Reset Hearings: Telephonic Status Conference set for 5/30/2008 07:00 AM. (nah, COURT STAFF) (Filed on 5/29/2008) (Entered: 05/29/2008)
2008-05-3041Minute Entry: Telephonic Status Conference held on 5/30/2008 before the Honorable Phyllis J. Hamilton (Date Filed: 5/30/2008). (Court Reporter Not Reported.) (nah, COURT STAFF) (Date Filed: 5/30/2008) (Entered: 06/02/2008)
2008-06-1742MOTION for Leave to File Excess Pages filed by United States Department of Treasury. (Attachments: # 1 Proposed Order)(Wechsler, Peter) (Filed on 6/17/2008) (Entered: 06/17/2008)
2008-06-1743ORDER GRANTING LEAVE TO FILE AN OVER-LENGTH BRIEF OF UP TO 35 PAGES by Judge Phyllis J. Hamilton granting 42 Motion for Leave to File Excess Pages. (nah, COURT STAFF) (Filed on 6/17/2008) (Entered: 06/17/2008)
2008-06-1844MOTION for Summary Judgment on all remaining issues filed by United States Department of Treasury. Motion Hearing set for 7/13/2008 09:00 AM. (Attachments: # 1 Affidavit Fifth Declaration of Virginia Canter, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Proposed Order)(Wechsler, Peter) (Filed on 6/18/2008) (Entered: 06/18/2008)
2008-06-1945Renotice motion hearing filed byUnited States Department of Treasury. Motion Hearing set for 7/23/2008 09:00 AM. (Wechsler, Peter) (Filed on 6/19/2008) (Entered: 06/19/2008)
2008-06-19Set/Reset Deadlines as to 44 MOTION for Summary Judgment on all remaining issues. Motion Hearing set for 7/23/2008 09:00 AM in Courtroom 3, 17th Floor, San Francisco. (far, COURT STAFF) (Filed on 6/19/2008) (Entered: 06/19/2008)
2008-06-2346MEMORANDUM in Support of 44 MOTION for Summary Judgment filed by United States Department of Treasury. (Wechsler, Peter) (Filed on 6/23/2008) Modified on 6/24/2008 (far, COURT STAFF). (Entered: 06/23/2008)
2008-07-0247Proposed Order Denying 44 Defendant's Motion to Suppress, Motion for Summary Judgment by Lawyers' Committee For Civil Rights of the San Francisco Bay Area. (Burke, Thomas) (Filed on 7/2/2008) Modified on 7/2/2008 (far, COURT STAFF). (Entered: 07/02/2008)
2008-07-0248Request for Judicial Notice filed byLawyers' Committee For Civil Rights of the San Francisco Bay Area. (Burke, Thomas) (Filed on 7/2/2008) (Entered: 07/02/2008)
2008-07-0249DECLARATION of Alan R. Kabat in support of Plaintiff Lawyers' Committee for Civil Rights of the San Francisco Bay Area's Opposition to Defendant's Motion to Suppress, Motion for Summary Judgment filed by Lawyers' Committee For Civil Rights of the San Francisco Bay Area. (Attachments: # 1 Exhibit Part 1 of 3, # 2 Exhibit Part 2 of 3, # 3 Exhibit Part 3 of 3)(Burke, Thomas) (Filed on 7/2/2008) Modified on 7/2/2008 (far, COURT STAFF). (Entered: 07/02/2008)
2008-07-0250DECLARATION of Thomas R. Burke in support of Plaintiff Lawyers' Committee for Civil Rights of the San Francisco Bay Area's Opposition to Defendant's Motion to Suppress, Motion for Summary Judgment filed by Lawyers' Committee For Civil Rights of the San Francisco Bay Area. (Attachments: # 1 Exhibit A, Part 1 of 3, # 2 Exhibit A, Part 2 of 3, # 3 Exhibit A, Part 3 of 3, # 4 Exhibit B, Part 1 of 3, # 5 Exhibit B, Part 2 of 3, # 6 Exhibit B, Part 3 of 3, # 7 Exhibit C, Part 1 of 2, # 8 Exhibit C, Part 2 of 2, # 9 Exhibit D, # 10 Exhibit E, # 11 Exhibit F, # 12 Exhibit G)(Burke, Thomas) (Filed on 7/2/2008) Modified on 7/2/2008 (far, COURT STAFF). (Entered: 07/02/2008)
2008-07-0251OPPOSITION to 44 Motion for Summary Judgment filed by Lawyers' Committee For Civil Rights of the San Francisco Bay Area. (Burke, Thomas) (Filed on 7/2/2008) Modified on 7/3/2008 (far, COURT STAFF). (Entered: 07/02/2008)
2008-07-0952REPLY MEMORANDUM in Support of 44 Motion for Summary Judgment Motion filed by United States Department of Treasury. (Wechsler, Peter) (Filed on 7/9/2008) Modified on 7/10/2008 (far, COURT STAFF). (Entered: 07/09/2008)
2008-07-0953OPPOSITION to 48 Request for Judicial Notice filed by United States Department of Treasury. (Wechsler, Peter) (Filed on 7/9/2008) Modified on 7/10/2008 (far, COURT STAFF). (Entered: 07/09/2008)
2008-07-2354Minute Entry: Motion Hearing held on 7/23/2008 before Phyllis J. Hamilton re 44 MOTION for Summary Judgment on all remaining issues filed by United States Department of Treasury. (Court Reporter Lydia Zinn (415) 531-6587) (nah, COURT STAFF) (Date Filed: 7/23/2008) Modified on 7/23/2008 (far, COURT STAFF). (Entered: 07/23/2008)
2008-07-2955NOTICE by United States Department of Treasury of in-camera submission (Wechsler, Peter) (Filed on 7/29/2008) (Entered: 07/29/2008)
2008-08-0656NOTICE by United States Department of Treasury of Second in-Camera Submission (Wechsler, Peter) (Filed on 8/6/2008) (Entered: 08/06/2008)
2008-09-3057ORDER by Judge Hamilton denying 44 Motion for Summary Judgment (pjhlc3, COURT STAFF) (Filed on 9/30/2008) (Entered: 09/30/2008)
2008-11-0358STATUS REPORT (joint) by United States Department of Treasury. (Wechsler, Peter) (Filed on 11/3/2008) (Entered: 11/03/2008)
2008-11-2559STATUS REPORT "Joint" by Lawyers' Committee For Civil Rights of the San Francisco Bay Area. (Burke, Thomas) (Filed on 11/25/2008) (Entered: 11/25/2008)
2008-11-2560CLARIFICATION ORDER. Signed by Judge Hamilton on 11/25/08. (pjhlc3, COURT STAFF) (Filed on 11/25/2008) (Entered: 11/25/2008)
2009-01-2261STATUS REPORT (JOINT) by Lawyers' Committee For Civil Rights of the San Francisco Bay Area. (Burke, Thomas) (Filed on 1/22/2009) (Entered: 01/22/2009)
2009-02-2662STATUS REPORT by United States Department of Treasury. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Wechsler, Peter) (Filed on 2/26/2009) (Entered: 02/26/2009)
2009-02-2663STATUS STATEMENT by Lawyers' Committee For Civil Rights of the San Francisco Bay Area. (Burke, Thomas) (Filed on 2/26/2009) Modified on 2/27/2009 (far, COURT STAFF). (Entered: 02/26/2009)
2009-03-1864STATUS REPORT by United States Department of Treasury. (Wechsler, Peter) (Filed on 3/18/2009) (Entered: 03/18/2009)
2009-03-1865Letter from Thomas R. Burke to The Hon. Phyllis J. Hamilton requesting telephone conference . (Burke, Thomas) (Filed on 3/18/2009) (Entered: 03/18/2009)
2009-04-0666Minute Entry: Telephonic Status Conference held on 4/6/2009 before Phyllis J. Hamilton (Date Filed: 4/6/2009). (Court Reporter Not Reported-Telephonic.) (nah, COURT STAFF) (Date Filed: 4/6/2009) (Entered: 04/06/2009)
2009-04-1367STATUS REPORT by United States Department of Treasury. (Attachments: # 1 Affidavit Marshall Fields, # 2 Exhibit A, # 3 Exhibit B (part 1a), # 4 Errata B (part 1b), # 5 Exhibit C)(Wechsler, Peter) (Filed on 4/13/2009) (Entered: 04/13/2009)
2009-04-1368STATUS REPORT Fields Declaration, Exhibit B (parts 2 to 4) by United States Department of Treasury. (Attachments: # 1 Exhibit B, # 2 Exhibit B (part 2b), # 3 Exhibit B (part 2c), # 4 Exhibit B (part 3a), # 5 Errata B (part 3b), # 6 Exhibit B (part 4a), # 7 Exhibit B (part 4b))(Wechsler, Peter) (Filed on 4/13/2009) (Entered: 04/13/2009)
2009-04-2069RESPONSE to 68 OFAC's Status Report by Lawyers' Committee For Civil Rights of the San Francisco Bay Area. (Burke, Thomas) (Filed on 4/20/2009) Modified on 4/21/2009 (far, COURT STAFF). (Entered: 04/20/2009)
2009-04-2070Declaration of Thomas R. Burke in Support of 69 Response ( Non Motion ) LCCR's Response to OFAC's Status Report filed byLawyers' Committee For Civil Rights of the San Francisco Bay Area. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Related document(s) 69 ) (Burke, Thomas) (Filed on 4/20/2009) (Entered: 04/20/2009)
2009-05-1171ORDER RE: SUPPLEMENTAL ISSUES. Signed by Judge Hamilton on 5/11/09. (pjhlc3, COURT STAFF) (Filed on 5/11/2009) (Entered: 05/11/2009)
2009-07-1372Letter from Thomas R. Burke to The Hon. Phyllis J. Hamilton . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Burke, Thomas) (Filed on 7/13/2009) (Entered: 07/13/2009)
2009-07-1573ORDER RE JULY 13, 2009 FILING. Signed by Judge Hamilton on 7/15/09. (pjhlc3, COURT STAFF) (Filed on 7/15/2009) (Entered: 07/15/2009)
2009-07-1774MOTION for Declaratory Judgment Plaintiff Lawyers' Committee for Civil Rights of the San Francisco Bay Area's Notice of Motion and Motion for Declaratory Relief Regarding Its Fee Waiver filed by Lawyers' Committee For Civil Rights of the San Francisco Bay Area. Motion Hearing set for 9/2/2009 09:00 AM in Courtroom 5, 17th Floor, San Francisco. (Burke, Thomas) (Filed on 7/17/2009) (Entered: 07/17/2009)
2009-07-1775Declaration of Thomas R. Burke in Support of 74 MOTION for Declaratory Judgment Plaintiff Lawyers' Committee for Civil Rights of the San Francisco Bay Area's Notice of Motion and Motion for Declaratory Relief Regarding Its Fee Waiver filed byLawyers' Committee For Civil Rights of the San Francisco Bay Area. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Related document(s) 74 ) (Burke, Thomas) (Filed on 7/17/2009) (Entered: 07/17/2009)
2009-07-1776Proposed Order re 74 MOTION for Declaratory Judgment Plaintiff Lawyers' Committee for Civil Rights of the San Francisco Bay Area's Notice of Motion and Motion for Declaratory Relief Regarding Its Fee Waiver , 75 Declaration in Support,, by Lawyers' Committee For Civil Rights of the San Francisco Bay Area. (Burke, Thomas) (Filed on 7/17/2009) (Entered: 07/17/2009)
2009-08-0677Memorandum in Opposition re 74 MOTION for Declaratory Judgment Plaintiff Lawyers' Committee for Civil Rights of the San Francisco Bay Area's Notice of Motion and Motion for Declaratory Relief Regarding Its Fee Waiver filed byUnited States Department of Treasury. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Wechsler, Peter) (Filed on 8/6/2009) (Entered: 08/06/2009)
2009-08-1978RESPONSE in Support Plaintiff Lawyers' Committee for Civil Rights of the San Francisco Bay Area's Reply In Support of Motion for Declaratory Relief Regarding Its Fee Waiver filed byLawyers' Committee For Civil Rights of the San Francisco Bay Area. (Burke, Thomas) (Filed on 8/19/2009) (Entered: 08/19/2009)
2009-08-1979Declaration of Jeff Glasser in Support of 78 Response in Support, w/Exhibit A filed byLawyers' Committee For Civil Rights of the San Francisco Bay Area. (Related document(s) 78 ) (Burke, Thomas) (Filed on 8/19/2009) (Entered: 08/19/2009)
2009-09-0280Minute Entry: Motion Hearing held on 9/2/2009 before Phyllis J. Hamilton (Date Filed: 9/2/2009) re 74 MOTION for Declaratory Judgment Plaintiff Lawyers' Committee for Civil Rights of the San Francisco Bay Area's Notice of Motion and Motion for Declaratory Relief Regarding Its Fee Waiver filed by Lawyers' Committee For Civil Rights of the San Francisco Bay Area. (Court Reporter Sahar McVickar.) (nah, COURT STAFF) (Date Filed: 9/2/2009) (Entered: 09/02/2009)
2009-09-0481CLERKS NOTICE Effective September 14, 2009, Judge Phyllis Hamilton's courtroom and chambers will be located in the Oakland Courthouse, Courtroom #3, 3rd floor, 1301 Clay Street, Oakland, California 94612. On or after September 14, 2009, all filings for matters pending on Judge Hamiltons docket, all court appearances, and all deliveries of chambers' copies of documents must be made at the Oakland Courthouse. The days and times for law and motion calendars and all currently scheduled proceedings remain unchanged. Please note that all of Judge Hamilton's case files will be moved to the Oakland Courthouse, therefore all cases numbers assigned to her will be changed slightly to reflect the correct venue. Previously, all case numbers started with "3:" to indicate the San Francisco office (Example: 3:09-cv-12345-PJH). As of September 14th, 2009, all of Judge Hamilton's case files will begin with "4:" to indicate the Oakland office, but everything else will stay the same (Example: 4:09-cv-12345-PJH). When e-filing, using the short case number format will always avoid problems when searching for the correct case: 09-12345 (YY-NNNNN). For information on the Oakland Courthouse's accessibility, parking, driving directions, public transit, hotels and other helpful links, please visit our website: http://www.cand.uscourts.gov, click on "Court Information" on the right hand side of our main page, then select the Oakland link under "Address and Jurisdiction". The main telephone number for the Oakland Division is 510 637-3530. (ys, COURT STAFF) (Filed on 9/4/2009) (Entered: 09/04/2009)
2009-09-0882ORDER by Judge Hamilton granting 74 Motion for Declaratory Judgment (pjhlc3, COURT STAFF) (Filed on 9/8/2009) (Entered: 09/08/2009)
2009-12-3183Transcript of Proceedings held on 09/02/09, before Judge Phyllis J. Hamilton. Court Reporter/Transcriber Sahar McVickar, CSR, RPR, Telephone number (415) 626-6060/sahar_mcvickar@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 3/31/2010. (McVickar, Sahar) (Filed on 12/31/2009) (Entered: 12/31/2009)
2011-08-3184STIPULATION and proposed order by United States Department of Treasury. (Wechsler, Peter) (Filed on 8/31/2011) (Entered: 08/31/2011)
2011-08-3185STIPULATION AND ORDER DISMISSING CASE, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 8/31/11. (nah, COURT STAFF) (Filed on 8/31/2011) (Entered: 08/31/2011)
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