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Case TitleRosenfeld v. Federal Bureau of Investigation et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2007cv03240
Date Filed2007-06-19
Date Closed2012-03-28
JudgeHon. Edward M. Chen
PlaintiffSeth Rosenfeld
Case DescriptionJournalist Seth Rosenfeld submitted a number of FOIA requests to the FBI for records concerning the Free Speech Movement at the University of California. Although the court had previously told the FBI to process his requests using resources that would help the agency determine if individuals were deceased, the slow progress of the agency's responses forced Rosenfeld to file suit again over a number of requests that were still outstanding.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantFederal Bureau of Investigation
DefendantUnited States Department of Justice
Documents
Docket
Complaint
Opinion/Order [18]
Opinion/Order [26]
Opinion/Order [47]
FOIA Project Annotation: Reviewing FBI progress in responding to reporter Seth Rosenfeld's multiple requests relating to Ronald Reagan, Judge Marilyn Hall Patel has essentially told the agency that it needs to do a better job when it deals with sophisticated requesters. While Rosenfeld argued the agency failed to use all the search terms he supplied, including various permutations of Reagan's name as well as references to "Governor of California" and Reagan's 1965 memoir Where's The Rest of Me?, Patel found the agency conducted a reasonable search of its name-indexed Central Records System. However, she was unconvinced that the agency had adequately searched other potential databases, pointing out that "defendants fail to explain which databases need to be searched separately from the CRS and whether those databases were actually searched. To the extent certain databases were not searched, defendants omitted to explain the primary purposes of those databases, so the court cannot assess if it was reasonable for the defendants to exclude them from the search." Rosenfeld, who has written extensively about the free-speech movement at the University of California in the 1960s, which led to his subsequent interest in Reagan's role as governor, filed multiple requests related to his research. Aside from the request pertaining to Reagan, Rosenfeld also requested records about Herbert Ellingwood, a prosecutor in the Alameda County District Attorney's Office in the early 1960s and later a member of Gov. Reagan's cabinet; Alexander Sheriffs, a vice chancellor of the University of California, Berkeley, and later an education advisor to Reagan; Roy Brewer, who headed the Hollywood branch of the stage hands union and served as co-chair of the Screen Actors Guild with Reagan; Neil Reagan, Reagan's older brother who worked in advertising and public relations and was an FBI informant concerning left-wing political activity in Hollywood; the Motion Picture Industry Council, which was involved in eliminating suspected communists from the film industry; the Labor League of Hollywood; and the Motion Picture Alliance for the Preservation of American Ideals. Patel first dealt with claims that Rosenfeld had failed to appeal two of his requests because he had not appealed interim responses. Patel pointed out that "in essence, defendants are arguing that Rosenfeld must appeal every single interim release and the failure to appeal one release bars him from bringing suit on his entire request. This court is unwilling to sanction such a result on the facts here." She added that "a plain reading of the FOIA statute and the DOJ regulations do not support defendants' claim that Rosenfeld must appeal interim releases. Indeed, a FOIA claimant cannot be expected to assess the adequacy of a search that is not yet final." Patel agreed with the agency that Rosenfeld's first request concerning Reagan's records was time-barred since it related to the 1996 settlement of earlier litigation and Rosenfeld did not appeal subsequent disclosures until he filed the present suit in June 2007. However, since he had made another request for Reagan's records in August 2007, Patel allowed Rosenfeld to continue to contest the disclosure of Reagan's records. She noted that "allowing Rosenfeld to continue forward with his second FOIA request for information on Ronald Reagan while rejecting his earlier request on statute of limitation grounds encourages full agency disclosure by preventing agencies from using administrative technicalities as shields from disclosing information. Furthermore, the FOIA allows requesters to file identical requests over time because the information released may change due to subsequent declassification and the availability of additional data." Because Rule 56 of the Federal Rules of Civil Procedure requires an affidavit submitted to a court to be based on personal knowledge, requesters frequently challenge affidavits filed by FOIA officers, claiming they did not personally conduct the search. Courts have largely dismissed those claims, finding instead that the supervisory role of the FOIA officer is adequate to speak to how the search was conducted. Here, however, while Patel accepted FBI Chief FOIA Officer David Hardy's affidavit concerning searches conducted by FBI headquarters, she rejected those portions related to field office searches. She noted that "there is no evidence that Hardy directly supervises the field offices. And if he does, there is no evidence of the level of contact he has with those offices." Turning to the specifics of the agency's search, Patel found it wanting in a number of ways. Rosenfeld had specifically asked the agency to disclose records found in cross-referenced files pertaining to other subjects by releasing not only the specific page but also pages before and after the reference needed to provide context. Instead, the agency provided only the first page of the document containing date and subject matter, as well as any pages explaining the context. All other pages were considered non-responsive. Patel indicated that "defendants have not met their burden of proof in establishing that this scheme for finding responsive cross-references is reasonable." She ordered the agency to release entire documents of 10 pages or less. For longer documents, she ordered the relevant section to be searched and provided. She also found manual searches of field offices inadequate. She pointed out that "the court cannot determine the reasonableness of the manual searches because defendants fail to discuss how these were conducted and what databases were searched." She instructed the field offices to explain their searches in considerably more detail. While the agency had provided its search slips for searches conducted at headquarters, none of the field offices had supplied search slips. Since the agency had agreed to produce the search slips from the field offices, Patel told the FBI to follow through and provide a list. The FBI also contended that to search its Abstract Card System, which was in use between 1921 and 1979 to help the agency determine the next sequential serial number, would take one employee 38 years and would cost approximately $60,000. Skeptical of that estimate, Patel observed that "the FBI does not state the costs associated with the specific searches requested here. Indeed, the boxes relevant here may be marked on the outside as well as arranged sequentially. The court orders the FBI to submit a declaration stating the costs associated with fulfilling the specific requests made by Rosenfeld."
Issues: Adequacy - Search
Opinion/Order [56]
Opinion/Order [58]
Opinion/Order [70]
Opinion/Order [98]
Opinion/Order [113]
Opinion/Order [143]
Opinion/Order [146]
Opinion/Order [160]
FOIA Project Annotation: A federal court in California has ruled that the FBI improperly redacted personal information about a well-known individual involved in a traffic violation whose records were part of FBI files on Ronald Reagan. The FBI claimed the document was compiled as part of its investigation into Reagan's involvement with the Communist Party. But Judge Edward Chen noted that "an alleged investigation of the Communist Party is insufficient to constitute a legitimate law enforcement purpose in view of the relevant time frame." He indicated that the document "was generated in 1975, nearly 20 years after the benchmark date of 1957 [when the Supreme Court ruled that existing laws only allowed prosecution of members of the Communist Party who actively advocated the forcible overthrow of the U.S. government]. Thus, Defendants' reliance on Ronald Reagan's alleged connection to Communism does not constitute a sufficient law enforcement purpose for this document to satisfy the rational nexus test." He added that "Defendants' assertion that the document is related to Ronald Reagan's connection to the Communist Party is wholly unbelievable. . .Given Ronald Reagan's status as an informant for the FBI [in the 1940s], the FBI would have no reason to investigate Ronald Reagan for his involvement in the Communist party during the 1960s and 1970s, and certainly not so in 1975 after his term as Governor of California." After examining the document himself, Chen added that it "has no apparent connection to any investigation into Ronald Reagan's purported Communist ties. The document is concerned with the investigation of the traffic violations of an individual closely associated with Ronald Reagan. The document has no apparent connection with national security or any other legitimate law enforcement purpose." Assessing the privacy interest, Chen noted that the age of the traffic violations diminished the expectation of privacy. He pointed out that "the fact that the documents concern old traffic violations as opposed to more serious criminal prosecutions decreases the likely stigma that would follow such a disclosure. As the likely stigma of disclosure falls, so too does the privacy interest at issue." Chen also pointed out that the individual had written a number of books, was a radio personality, and had written about the current Republican nomination. Chen observed that "such activities make clear that the subject has placed himself in the public light, writing and speaking about his life experiences while getting heavily involved in recent political events." Turning to the public interest in disclosure, Chen rejected the agency's argument that the document said nothing about the government's performance. Instead, he observed that "Plaintiff persuasively argues that the investigation of the subject's old traffic violations has no conceivable purpose other than to aid Ronald Reagan's political career by providing advance notice of any issues of potential embarrassment that might affect any future political campaign. The disclosure of this document thus enhances the public's understanding of whether the FBI used public resources to benefit a private citizen for non-law enforcement purposes."
Issues: Exemption 6 - Invasion of privacy
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2007-06-191COMPLAINT against Federal Bureau of Investigation, United States Department of Justice ( Filing fee $ 350, receipt number 44611000890.). Filed bySeth Rosenfeld. (cp, COURT STAFF) (Filed on 6/19/2007) Additional attachment(s) added on 7/9/2007 (cp, COURT STAFF). (Entered: 06/20/2007)
2007-06-192ORDER SETTING CASE MANAGEMENT ORDER: Case Management Conference set for 9/25/2007 02:00 PM. (cp, COURT STAFF) (Filed on 6/19/2007) (Entered: 06/20/2007)
2007-06-19Summons Issued as to Federal Bureau of Investigation, United States Department of Justice. (cp, COURT STAFF) (Filed on 6/19/2007) (Entered: 06/20/2007)
2007-06-19CASE DESIGNATED for Electronic Filing. (cp, COURT STAFF) (Filed on 6/19/2007) (Entered: 06/20/2007)
2007-07-093CLERK'S NOTICE re: Failure to E-File (docket #1) (cp, COURT STAFF) (Filed on 7/9/2007) (Entered: 07/09/2007)
2007-07-094SUMMONS Returned Executed by Seth Rosenfeld. Federal Bureau of Investigation served on 6/19/2007, answer due 8/20/2007; United States Department of Justice served on 6/19/2007, answer due 8/20/2007. (Wheaton, James) (Filed on 7/9/2007) (Entered: 07/09/2007)
2007-07-125ORDER RELATING CASE C 07-3240 CW to C 85-1709 MHP, C 85-2247 MHP, and C 90-3576 MHP; Signed by Judge Marilyn Hall Patel on 7/11/2007. (Attachments: # 1 )(awb, COURT-STAFF) (Filed on 7/12/2007) (Entered: 07/12/2007)
2007-07-12Cases associated: Create association to 3:85-cv-01709-MHP. (gba, COURT STAFF) (Filed on 7/12/2007) (Entered: 07/12/2007)
2007-07-12Case Reassigned to Judge Marilyn H. Patel. Judge Claudia Wilken no longer assigned to the case. Cases associated: Create association to 3:85-cv-01709-MHP. (cjl, COURT STAFF) (Filed on 7/12/2007) (Entered: 07/13/2007)
2007-07-206MOTION Defendant's Motion for Administrative Relief: Request for Leave to File Early Motion to Dismiss filed by United States Department of Justice. (Attachments: # 1 Exhibit A)(Martikan, Owen) (Filed on 7/20/2007) (Entered: 07/20/2007)
2007-07-207Proposed Order re 6 MOTION Defendant's Motion for Administrative Relief: Request for Leave to File Early Motion to Dismiss by United States Department of Justice. (Martikan, Owen) (Filed on 7/20/2007) (Entered: 07/20/2007)
2007-09-258NOTICE of Substitution of Counsel by Ellen FitzGerald (FitzGerald, Ellen) (Filed on 9/25/2007) (Entered: 09/25/2007)
2007-09-269ORDER by Judge Marilyn Hall Patel granting 6 federal defendants' Motion to file motion to dismiss; Motion to be filed not later than 10/1/2007; Motion hearing set for 2:00 pm on 11/5/2007; (awb, COURT-STAFF) (Filed on 9/26/2007) (Entered: 09/26/2007)
2007-10-0110MOTION to Dismiss Plaintiff's First, Fourth, and in Part, Plaintiff's Seventh Causes of Action filed by United States Department of Justice. Motion Hearing set for 11/5/2007 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (FitzGerald, Ellen) (Filed on 10/1/2007) (Entered: 10/01/2007)
2007-10-0111Proposed Order re 10 MOTION to Dismiss Plaintiff's First, Fourth, and in Part, Plaintiff's Seventh Causes of Action by United States Department of Justice. (FitzGerald, Ellen) (Filed on 10/1/2007) (Entered: 10/01/2007)
2007-10-0112Declaration of David M. Hardy in Support of 10 MOTION to Dismiss Plaintiff's First, Fourth, and in Part, Plaintiff's Seventh Causes of Action , 11 Proposed Order filed byUnited States Department of Justice. (Related document(s) 10 , 11 ) (FitzGerald, Ellen) (Filed on 10/1/2007) (Entered: 10/01/2007)
2007-10-2213FIRST AMENDED COMPLAINT FOR INJUNCTIVE RELIEF against all defendants. Filed by Seth Rosenfeld. (Attachments: # 1 Exhibit EXHIBITS A-J# 2 Exhibit EXHIBIT K-Z# 3 Exhibit EXHIBIT AA-SS# 4 Exhibit EXHIBIT TT - QQQ# 5 Exhibit EXHIBIT RRR - FFFF)(Wheaton, James) (Filed on 10/22/2007) Modified on 10/29/2007 (gba, COURT STAFF). (Entered: 10/22/2007)
2007-10-2214NOTICE by Seth Rosenfeld OF FILING OF FIRST AMENDED COMPLAINT IN LIEU OF OPPOSITION TO MOTION TO DISMISS (Wheaton, James) (Filed on 10/22/2007) (Entered: 10/22/2007)
2007-11-0115NOT *** FILED IN ERROR. PLEASE REFER TO DOCUMENT 16 . *** ICE by United States Department of Justice re 10 MOTION to Dismiss Plaintiff's First, Fourth, and in Part, Plaintiff's Seventh Causes of Action (FitzGerald, Ellen) (Filed on 11/1/2007) Modified on 11/2/2007 (feriab, COURT STAFF). (Entered: 11/01/2007)
2007-11-0116NOTICE by United States Department of Justice Notice of Withdrawal of Defendants' Motion to Dismiss Plaintiff's First, Fourth and, in Part, Plaintiff's Seventh Causes of Action (FitzGerald, Ellen) (Filed on 11/1/2007) (Entered: 11/01/2007)
2007-11-1317STIPULATION Extending Time to Answer or Otherwise Respond to Plaintiff's First Amended Complaint; [Proposed] Order by United States Department of Justice. (FitzGerald, Ellen) (Filed on 11/13/2007) (Entered: 11/13/2007)
2007-11-1518STIPULATION AND ORDER extending time to and including 11/30/2007 for defendants to file responsive pleading re 13 Amended Complaint; Signed by Judge Marilyn Hall Patel on 11/15/2007. (awb, COURT-STAFF) (Filed on 11/15/2007) (Entered: 11/15/2007)
2007-11-3019ANSWER to Amended Complaint for Injunctive Relief byFederal Bureau of Investigation, United States Department of Justice. (FitzGerald, Ellen) (Filed on 11/30/2007) (Entered: 11/30/2007)
2008-01-1820MOTION for Hearing RE: CASE MANAGEMENT CONFERENCE filed by Seth Rosenfeld. (Wheaton, James) (Filed on 1/18/2008) (Entered: 01/18/2008)
2008-01-2421CLERK'S NOTICE: Further Case Management Conference set for 2/25/2008 03:00 PM before the Hon. Marilyn Hall Patel; Joint Case Management Statement due by 2/18/2008; (awb, COURT-STAFF) (Filed on 1/24/2008) (Entered: 01/24/2008)
2008-02-1922JOINT CASE MANAGEMENT STATEMENT filed by United States Department of Justice. (FitzGerald, Ellen) (Filed on 2/19/2008) (Entered: 02/19/2008)
2008-02-2623Minute Entry: Initial Case Management Conference held on 2/25/2008 before Hon. Marilyn Hall Patel (Date Filed: 2/26/2008)(Court Reporter Sahar McVicker.) (awb, COURT-STAFF) (Date Filed: 2/26/2008) (Entered: 02/26/2008)
2008-03-2024TRANSCRIPT of Proceedings held on 2/25/08 before Judge Marilyn H. Patel. Court Reporter: Sahar McVickar. (gba, COURT STAFF) (Filed on 3/20/2008) (Entered: 03/21/2008)
2008-04-0725STIPULATION to Modify Briefing Schedule and [Proposed] Order and Joint Motion for Clarification of Civil Pretrial Minutes by United States Department of Justice. (FitzGerald, Ellen) (Filed on 4/7/2008) (Entered: 04/07/2008)
2008-05-0626STIPULATION AND ORDER FOR CLARIFICATION OF 23 AND MODIFYING BRIEFING SCHEDULE; Signed by Judge Marilyn Hall Patel on 5/6/2008. (awb, COURT-STAFF) (Filed on 5/6/2008) (Entered: 05/06/2008)
2008-06-0227MOTION for Summary Judgment Defendants' Notice of Motion and Motion for Partial Summary Judgment; Memorandum of Law in Support Thereof filed by United States Department of Justice. Motion Hearing set for 6/30/2008 02:00 PM in Courtroom 11, 19th Floor, San Francisco. (FitzGerald, Ellen) (Filed on 6/2/2008) (Entered: 06/02/2008)
2008-06-0228Declaration of David M. Hardy in Support of 27 MOTION for Summary Judgment Defendants' Notice of Motion and Motion for Partial Summary Judgment; Memorandum of Law in Support Thereof filed byUnited States Department of Justice. (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, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit O, # 15 Exhibit P, # 16 Exhibit Q, # 17 Exhibit R, # 18 Exhibit S, # 19 Exhibit T, # 20 Exhibit U, # 21 Exhibit V, # 22 Exhibit W, # 23 Exhibit X, # 24 Exhibit Y, # 25 Exhibit Z, # 26 Exhibit AA, # 27 Exhibit BB, # 28 Exhibit CC, # 29 Exhibit DD, # 30 Exhibit EE, # 31 Exhibit FF, # 32 Exhibit GG, # 33 Exhibit, # 34 Exhibit II)(Related document(s) 27 ) (FitzGerald, Ellen) (Filed on 6/2/2008) (Entered: 06/02/2008)
2008-06-0229Proposed Order re 27 MOTION for Summary Judgment Defendants' Notice of Motion and Motion for Partial Summary Judgment; Memorandum of Law in Support Thereof , 28 Declaration in Support,,, by United States Department of Justice. (FitzGerald, Ellen) (Filed on 6/2/2008) (Entered: 06/02/2008)
2008-06-0230MOTION for Summary Judgment filed by Seth Rosenfeld. Motion Hearing set for 6/30/2008 02:00 PM in Courtroom 11, 19th Floor, San Francisco. (Greene, David) (Filed on 6/2/2008) (Entered: 06/02/2008)
2008-06-0231Declaration of DAVID GREENE in Support of 30 MOTION for Summary Judgment filed bySeth Rosenfeld. (Related document(s) 30 ) (Greene, David) (Filed on 6/2/2008) (Entered: 06/02/2008)
2008-06-0232Declaration of SETH ROSENFELD in Support of 31 Declaration in Support, 30 MOTION for Summary Judgment filed bySeth Rosenfeld. (Related document(s) 31 , 30 ) (Greene, David) (Filed on 6/2/2008) (Entered: 06/02/2008)
2008-06-0233EXHIBITS re 31 Declaration in Support, 30 MOTION for Summary Judgment, 32 Declaration in Support filed bySeth Rosenfeld. (Attachments: # 1 Exhibit EXHIBITS A-G, # 2 Exhibit EXHIBITS H-V, # 3 Exhibit EXHIBITS W-PP)(Related document(s) 31 , 30 , 32 ) (Greene, David) (Filed on 6/2/2008) (Entered: 06/02/2008)
2008-06-1634Memorandum in Opposition re 30 MOTION for Summary Judgment filed byUnited States Department of Justice. (FitzGerald, Ellen) (Filed on 6/16/2008) (Entered: 06/16/2008)
2008-06-1635Declaration of David M. Hardy in Support of 34 Memorandum in Opposition filed byUnited States Department of Justice. (Related document(s) 34 ) (FitzGerald, Ellen) (Filed on 6/16/2008) (Entered: 06/16/2008)
2008-06-1636Memorandum in Opposition to 27 DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Seth Rosenfeld. (Wheaton, James) (Filed on 6/16/2008) Modified on 6/17/2008 (gba, COURT STAFF). (Entered: 06/16/2008)
2008-06-1637DECLARATION of Seth Rosenfeld in Opposition to 36 Memorandum in Opposition TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT filed bySeth Rosenfeld. (Related document(s) 36 ) (Wheaton, James) (Filed on 6/16/2008) (Entered: 06/16/2008)
2008-06-1638EXHIBITS re 36 Memorandum in Opposition, 37 Declaration in Opposition TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT filed bySeth Rosenfeld. (Related document(s) 36 , 37 ) (Wheaton, James) (Filed on 6/16/2008) (Entered: 06/16/2008)
2008-06-1639Proposed Order re 31 Declaration in Support, 36 Memorandum in Opposition, 30 MOTION for Summary Judgment, 37 Declaration in Opposition, 33 Exhibits, 32 Declaration in Support, 38 Exhibits EXHIBITS IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMERY JUDGEMENT AND IN OPPOSITION TO DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT by Seth Rosenfeld. (Wheaton, James) (Filed on 6/16/2008) (Entered: 06/16/2008)
2008-06-1640OBJECTIONS to re 36 Memorandum in Opposition, 39 Proposed Order, 37 Declaration in Opposition, 38 Exhibits AND MOTION TO STRIKE DEFENDANTS EVIDENCE by Seth Rosenfeld. (Wheaton, James) (Filed on 6/16/2008) (Entered: 06/16/2008)
2008-06-2341CLERK'S NOTICE: Motions Hearing reset for 7/21/2008 10:00 AM in Courtroom 15, 18th Floor, San Francisco. (awb, COURT-STAFF) (Filed on 6/23/2008) (Entered: 06/23/2008)
2008-07-0242MOTION for Hearing re 41 Clerk's Notice Continuing Motion Hearing Defendants' Motion to Reschedule Hearing Date; Proposed Order filed by Federal Bureau of Investigation, United States Department of Justice. Motion Hearing set for 7/28/2008 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (FitzGerald, Ellen) (Filed on 7/2/2008) (Entered: 07/02/2008)
2008-07-0243Declaration of Ellen FitzGerald in Support of 42 MOTION for Hearing re 41 Clerk's Notice Continuing Motion Hearing Defendants' Motion to Reschedule Hearing Date; Proposed Order MOTION for Hearing re 41 Clerk's Notice Continuing Motion Hearing Defendants' Motion to Reschedule Hearing Date; Proposed Order filed byFederal Bureau of Investigation, United States Department of Justice. (Related document(s) 42 ) (FitzGerald, Ellen) (Filed on 7/2/2008) (Entered: 07/02/2008)
2008-07-0344ORDER by Judge Marilyn Hall Patel granting 42 defendant's Motion for rescheduling hearing date on cross-motions for summary judgment to 8/11/2008 at 2:00 p.m. (awb, COURT-STAFF) (Filed on 7/3/2008) (Entered: 07/03/2008)
2008-07-03Set/Reset Hearings: Motion Hearing set for 8/11/2008 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (awb, COURT-STAFF) (Filed on 7/3/2008) (Entered: 07/03/2008)
2008-07-2445Response re 40 Objection Defendants' Responses to Plaintiff's Objections to Defendants' Evidence and Opposition to Plaintiff's Motion to Strike byFederal Bureau of Investigation, United States Department of Justice. (FitzGerald, Ellen) (Filed on 7/24/2008) (Entered: 07/24/2008)
2008-08-1146Minute Entry: Motion Hearing held on 8/11/2008 before Hon. Marilyn Hall Patel (Date Filed: 8/11/2008) re 30 27 MOTIONS for Summary Judgment. (Court Reporter Sahar McVickar.) (awb, COURT-STAFF) (Date Filed: 8/11/2008) (Entered: 08/12/2008)
2008-08-2247MEMORANDUM AND ORDER by Judge Marilyn Hall Patel granting in part and denying in part 27 Motion for Summary Judgment; granting in part and denying in part 30 Motion for Summary Judgment; Supplemental declarations to be filed within 30 days. (awb, COURT-STAFF) (Filed on 8/22/2008) (Entered: 08/22/2008)
2008-09-2248Declaration of DAVID M. HARDY in Support of 35 Declaration in Support, 34 Memorandum in Opposition Third Declaration of David M. Hardy in Further Support of Motion for Partial Summary Judgment filed byFederal Bureau of Investigation, United States Department of Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B (Part 1), # 3 Exhibit B (Part 2), # 4 Exhibit B (Part 3), # 5 Exhibit B (Part 4), # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H)(Related document(s) 35 , 34 ) (FitzGerald, Ellen) (Filed on 9/22/2008) (Entered: 09/22/2008)
2008-09-2249Declaration of DAVID M. HARDY in Support of 35 Declaration in Support, 34 Memorandum in Opposition Fourth Declaration of David M. Hardy in Further Support of Motion for Partial Summary Judgment filed byFederal Bureau of Investigation, United States Department of Justice. (Related document(s) 35 , 34 ) (FitzGerald, Ellen) (Filed on 9/22/2008) (Entered: 09/22/2008)
2008-09-2250Declaration of DEBRA ANNE O'CLAIR in Support of 35 Declaration in Support, 34 Memorandum in Opposition Declaration of Debra Anne O'Clair in Further Support of Motion for Partial Summary Judgment filed byFederal Bureau of Investigation, United States Department of Justice. (Related document(s) 35 , 34 ) (FitzGerald, Ellen) (Filed on 9/22/2008) (Entered: 09/22/2008)
2008-09-2251Declaration of WILLIAM L. HOOTEN in Support of 35 Declaration in Support, 34 Memorandum in Opposition Declaration of William L. Hooten in Further Support of Motion for Partial Summary Judgment filed byFederal Bureau of Investigation, United States Department of Justice. (Related document(s) 35 , 34 ) (FitzGerald, Ellen) (Filed on 9/22/2008) (Entered: 09/22/2008)
2008-09-2352Declaration of DAVID M. HARDY in Support of 48 Declaration in Support,, AMENDED Third Declaration of David M. Hardy filed byFederal Bureau of Investigation, United States Department of Justice. (Related document(s) 48 ) (FitzGerald, Ellen) (Filed on 9/23/2008) (Entered: 09/23/2008)
2008-12-0553MOTION for Hearing RE: REQUEST FOR CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER filed by Seth Rosenfeld. (Greene, David) (Filed on 12/5/2008) (Entered: 12/05/2008)
2008-12-1054ORDER by Judge Marilyn Hall Patel granting 53 plaintiff's Motion for setting of further case management conference; CMC set for 1/12/2009 at 3:00 pm, with a joint CMC statment due 1/5/2009 (awb, COURT-STAFF) (Filed on 12/10/2008) (Entered: 12/10/2008)
2008-12-10Set/Reset Hearings: Further Case Management Conference set for 1/12/2009 03:00 PM. (awb, COURT-STAFF) (Filed on 12/10/2008) (Entered: 12/10/2008)
2008-12-1555STIPULATION and Joint Motion to Reschedule Case Management Conference; [Proposed] Order by United States Department of Justice. (FitzGerald, Ellen) (Filed on 12/15/2008) (Entered: 12/15/2008)
2008-12-1756STIPULATION AND ORDER: Further Case Management Conference reset for 2/9/2009 03:00 PM; Joint CMC statements to be filed by 2/2/2009; Signed by Judge Marilyn Hall Patel on 12/16/2008. (awb, COURT-STAFF) (Filed on 12/17/2008) (Entered: 12/17/2008)
2009-02-0257STIPULATION re 56 Terminate Deadlines and Hearings, Stipulation and Order, Set Hearings and Joint Motion to Extend Deadline for Filing of Joint Case Management Conference Statement; [Proposed] Order by United States Department of Justice. (FitzGerald, Ellen) (Filed on 2/2/2009) (Entered: 02/02/2009)
2009-02-0558STIPULATION AND ORDER extending deadline to and including 2/5/2009 to file a joint case management conference statement; Signed by Judge Marilyn Hall Patel on 2/4/2009. (awb, COURT-STAFF) (Filed on 2/5/2009) (Entered: 02/05/2009)
2009-02-0559CASE MANAGEMENT STATEMENT Joint Case Management Conference Statement filed by Federal Bureau of Investigation, United States Department of Justice. (FitzGerald, Ellen) (Filed on 2/5/2009) (Entered: 02/05/2009)
2009-02-0960Minute Entry: Further Case Management Conference held on 2/9/2009 before Marilyn H. Patel (Date Filed: 2/9/2009). Case Management Statement due by 3/30/2009. Further Case Management Conference set for 4/6/2009 03:00 PM. (Court Reporter Margo Gurule.) (tl, COURT STAFF) (Date Filed: 2/9/2009) (Entered: 02/10/2009)
2009-04-0161JOINT CASE MANAGEMENT STATEMENT filed by United States Department of Justice. (FitzGerald, Ellen) (Filed on 4/1/2009) (Entered: 04/01/2009)
2009-04-0362Transcript of Proceedings held on 02/09/09, before Judge MARILYN H. PATEL. Court Reporter/Transcriber MARGARET "MARGO" GURULE, Telephone number 415-504-4204 or margolargo@gmail.com. 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 6/29/2009. (mng, COURT STAFF) (Filed on 4/3/2009) (Entered: 04/03/2009)
2009-04-0663Minute Entry: Status Conference held on 4/6/2009 before the Hon. Marilyn Hall Patel(Date Filed: 4/6/2009); Further Status Conference set for 6/15/2009 03:00 PM in Courtroom 15, 18th Floor, San Francisco. (Court Reporter Christine Triska.) (awb, COURT-STAFF) (Date Filed: 4/6/2009) (Entered: 04/09/2009)
2009-04-2764Transcript of Proceedings held on 4-6-2009, before Judge Marilyn H. Patel. Court Reporter/Transcriber Christine Triska, CSR, RPR, Telephone number (650) 743-8425. 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 7/23/2009. (cat, COURT STAFF) (Filed on 4/27/2009) (Entered: 04/27/2009)
2009-06-1165JOINT CASE MANAGEMENT STATEMENT filed by Federal Bureau of Investigation, United States Department of Justice. (FitzGerald, Ellen) (Filed on 6/11/2009) (Entered: 06/11/2009)
2009-06-1766Minute Entry: Status Conference held on 6/15/2009 before the Hon. Marilyn Hall Patel(Date Filed: 6/17/2009); Further Status Conference set for 9/28/2009 03:00 PM in Courtroom 15, 18th Floor, San Francisco. (Court Reporter Jim Yeomans.) (awb, COURT STAFF) (Date Filed: 6/17/2009) (Entered: 06/17/2009)
2009-07-3067NOTICE of Appearance by Ila Casy Deiss (Deiss, Ila) (Filed on 7/30/2009) (Entered: 07/30/2009)
2009-09-1568Transcript of Proceedings held on 06/15/09, before Judge Marilyn Hall Patel. Court Reporter/Transcriber James Yeomans, Telephone number (415) 863-5179. 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 12/11/2009. (jjy, COURT STAFF) (Filed on 9/15/2009) (Entered: 09/15/2009)
2009-09-1869STIPULATION to Extend Further Case Management Conference and [Proposed] Order by Federal Bureau of Investigation, United States Department of Justice. (Deiss, Ila) (Filed on 9/18/2009) (Entered: 09/18/2009)
2009-09-2370STIPULATION AND ORDER; Status Conference continued to 11/2/2009 03:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 9/23/2009. (awb, COURT STAFF) (Filed on 9/23/2009) (Entered: 09/23/2009)
2009-10-2671JOINT CASE MANAGEMENT STATEMENT (CONFERENCE) filed by Seth Rosenfeld. (Greene, David) (Filed on 10/26/2009) (Entered: 10/26/2009)
2009-11-0372Minute Entry: Status Conference held on 11/2/2009 before the Hon. Marilyn Hall Patel (Date Filed: 11/3/2009); Motion Hearing date reserved for 4/19/2010 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Court Reporter Katherine Sullivan.) (awb, COURT STAFF) (Date Filed: 11/3/2009) (Entered: 11/03/2009)
2009-12-0373Transcript of Proceedings held on 11/2/09, before Judge Marilyn Hall Patel. Court Reporter/Transcriber Katherine Powell Sullivan, CRR, Telephone number 415-794-6659/Katherine_Sullivan@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 3/1/2010. (Sullivan, Katherine) (Filed on 12/3/2009) (Entered: 12/03/2009)
2010-02-1774MOTION for Hearing RE: REQUEST FOR CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER filed by Seth Rosenfeld. (Greene, David) (Filed on 2/17/2010) (Entered: 02/17/2010)
2010-03-0175STIPULATION TO RESET BRIEFING SCHEDULE; and [Proposed] ORDER by Federal Bureau of Investigation, United States Department of Justice. (Deiss, Ila) (Filed on 3/1/2010) (Entered: 03/01/2010)
2010-03-02***Deadlines terminated. terminating release of transcript restriction. (gba, COURT STAFF) (Filed on 3/2/2010) (Entered: 03/02/2010)
2010-03-0276STIPULATION AND ORDER RESETTING BRIEFING SCHEDULES; Cross Motions to be filed by 4/19/2010; Oppositions to be filed by 5/10/2010; Motion Hearing set for 5/24/2010 02:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 3/2/2010. (awb, COURT STAFF) (Filed on 3/2/2010) (Entered: 03/02/2010)
2010-03-04***Deadlines terminated. All deadlines prior to this date removed from system. Future deadlines remains in effect. This is an automatic e-mail generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail it is purely administrative utility function. PLEASE DISREGARD. (gba, COURT STAFF) (Filed on 3/4/2010) (Entered: 03/04/2010)
2010-04-1277*** FILED IN ERROR. PLEASE SEE DOCKET # 78 . *** NOTICE by Seth Rosenfeld NOTICE OF DEFENDANTS NONCOMPLIANCE WITH COURT ORDER (Greene, David) (Filed on 4/12/2010) Modified on 4/13/2010 (ewn, COURT STAFF). (Entered: 04/12/2010)
2010-04-1278NOTICE by Seth Rosenfeld CORRECTION OF DOCKET # 77 (Greene, David) (Filed on 4/12/2010) (Entered: 04/12/2010)
2010-04-1279RESPONSE to re 78 Notice (Other), 77 Notice (Other) by Federal Bureau of Investigation, United States Department of Justice. (Deiss, Ila) (Filed on 4/12/2010) (Entered: 04/12/2010)
2010-04-1680STIPULATION (SECOND) TO RESET BRIEFING SCHEDULE; and [Proposed] ORDER by Federal Bureau of Investigation, United States Department of Justice. (Deiss, Ila) (Filed on 4/16/2010) (Entered: 04/16/2010)
2010-04-2181STIPULATION AND ORDER AMENDING BRIEFING SCHEDULES: Opening briefs to be filed 4/23/10, 5/24/2010; Oppositions to be filed 5/24/10, 6/14/10; Replies to be filed 6/14/10, 6/28/10; Motions Hearing reset for 7/12/2010 02:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 4/21/2010. (awb, COURT STAFF) (Filed on 4/21/2010) (Entered: 04/21/2010)
2010-04-2382Second MOTION for Summary Judgment ; Memorandum of Points and Authorities filed by Federal Bureau of Investigation, United States Department of Justice. Motion Hearing set for 7/12/2010 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Deiss, Ila) (Filed on 4/23/2010) (Entered: 04/23/2010)
2010-04-2383Declaration of David M. Hardy in Support of 82 Second MOTION for Summary Judgment ; Memorandum of Points and Authorities -Fifth Declaration filed byFederal Bureau of Investigation, United States Department of Justice. (Attachments: # 1 Exhibits A - Q, # 2 Exhibits R - BB, # 3 Exhibits CC - II, # 4 Exhibits JJ - OO, # 5 Exhibit PP - Part 1, # 6 Exhibit PP - Part 2, # 7 Exhibit PP - Part 3, # 8 Exhibit PP - Part 4, # 9 Exhibit PP - Part 5, # 10 Exhibit PP - Part 6)(Related document(s) 82 ) (Deiss, Ila) (Filed on 4/23/2010) (Entered: 04/23/2010)
2010-04-2384EXHIBITS re 83 Declaration in Support,, 82 Second MOTION for Summary Judgment ; Memorandum of Points and Authorities filed byFederal Bureau of Investigation, United States Department of Justice. (Attachments: # 1 Exhibit QQ - Part 1, # 2 Exhibit QQ - Part 2, # 3 Exhibit QQ - Part 3, # 4 Exhibit QQ - Part 4, # 5 Exhibit RR, # 6 Exhibits SS - XX, # 7 Exhibit YY - Part 1, # 8 Exhibit YY - Part 2, # 9 Exhibit YY - Part 3)(Related document(s) 83 , 82 ) (Deiss, Ila) (Filed on 4/23/2010) (Entered: 04/23/2010)
2010-05-2485Second MOTION for Summary Judgment AND OPPOSITION to 82 DEFENDANTS' CROSS-MOTION FOR SUMMARY JUDGMENT filed by Seth Rosenfeld. Motion Hearing set for 7/12/2010 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Greene, David) (Filed on 5/24/2010) Modified on 5/25/2010 (gba, COURT STAFF). (Entered: 05/24/2010)
2010-05-2486Declaration of Seth Rosenfeld in Support of 85 Second MOTION for Summary Judgment AND OPPOSITION TO DEFENDANTS' CROSS-MOTION FOR SUMMARY JUDGMENT filed bySeth Rosenfeld. (Attachments: # 1 Exhibit A-H, # 2 Exhibit I, # 3 Exhibit J-N)(Related document(s) 85 ) (Greene, David) (Filed on 5/24/2010) (Entered: 05/24/2010)
2010-05-2487Declaration of David Greene in Support of 85 Second MOTION for Summary Judgment AND OPPOSITION TO DEFENDANTS' CROSS-MOTION FOR SUMMARY JUDGMENT filed bySeth Rosenfeld. (Attachments: # 1 Exhibit A-G, # 2 Exhibit H Part 1 of 19, # 3 Exhibit H Part 2 of 19, # 4 Exhibit H Part 3 of 19, # 5 Exhibit H Part 4 of 19, # 6 Exhibit H Part 5 of 19, # 7 Exhibit H Part 6 of 19)(Related document(s) 85 ) (Greene, David) (Filed on 5/24/2010) (Entered: 05/24/2010)
2010-05-2488EXHIBITS to 87 DAVID GREENE'S DECLARATION IN SUPPORT OF SECOND MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS' CROSS-MOTION FOR SUMMARY JUDGMENT filed by Seth Rosenfeld. (Attachments: # 1 Exhibit H Part 7 of 19, # 2 Exhibit H Part 8 of 19, # 3 Exhibit H Part 9 of 19, # 4 Exhibit H Part 10 of 19, # 5 Exhibit H Part 11 of 19, # 6 Exhibit H Part 12 of 19, # 7 Exhibit H Part 13 of 19, # 8 Exhibit H Part 14 of 19)(Greene, David) (Filed on 5/24/2010) Modified on 5/25/2010 (gba, COURT STAFF). (Entered: 05/24/2010)
2010-05-2489EXHIBITS re 85 Second MOTION for Summary Judgment AND OPPOSITION TO DEFENDANTS' CROSS-MOTION FOR SUMMARY JUDGMENT EXHIBITS TO DAVID GREENE'S DECLARATION IN SUPPORT OF SECOND MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO DEFENDANTS' CROSS-MOTION FOR SUMMARY JUDGMENT filed bySeth Rosenfeld. (Attachments: # 1 Exhibit H Part 15 of 19, # 2 Exhibit H Part 16 of 19, # 3 Exhibit H Part 17 of 19, # 4 Exhibit H Part 18 of 19, # 5 Exhibit H Part 19 of 19, # 6 Exhibit I)(Related document(s) 85 ) (Greene, David) (Filed on 5/24/2010) (Entered: 05/24/2010)
2010-05-2490Declaration of Athan Theoharis in Support of 85 Second MOTION for Summary Judgment AND OPPOSITION TO DEFENDANTS' CROSS-MOTION FOR SUMMARY JUDGMENT filed bySeth Rosenfeld. (Related document(s) 85 ) (Greene, David) (Filed on 5/24/2010) (Entered: 05/24/2010)
2010-06-1491Memorandum in Opposition and Reply to 85 Plaintiff's Second Motion for Summary Judgment; and Sixth Declaration of David M. Hardy filed by Federal Bureau of Investigation, United States Department of Justice. (Attachments: # 1 Sixth Declaration of David M. Hardy, # 2 Exhibit A to the Sixth Declaration of David M. Hardy)(Deiss, Ila) (Filed on 6/14/2010) Modified on 6/15/2010 (gba, COURT STAFF). (Entered: 06/14/2010)
2010-06-2892Reply to Opposition IN SUPPORT OF 85 SECOND MOTION FOR SUMMARY JUDGMENT filed by Seth Rosenfeld. (Greene, David) (Filed on 6/28/2010) Modified on 6/30/2010 (gba, COURT STAFF). (Entered: 06/28/2010)
2010-06-2893Declaration of SETH ROSENFELD in Support of 92 Reply to Opposition (4TH DECLARATION OF SETH ROSENFELD IN SUPPORT OF PLAINTIFFS REPLY IN SUPPORT OF SECOND MOTION FOR SUMMARY JUDGMENT) filed bySeth Rosenfeld. (Related document(s) 92 ) (Greene, David) (Filed on 6/28/2010) (Entered: 06/28/2010)
2010-07-0194Amended Notice of Table of Contents and Table of Authorities in support of 91 Memorandum in Opposition by Federal Bureau of Investigation, United States Department of Justice. (Deiss, Ila) (Filed on 7/1/2010) Modified on 7/2/2010 (gba, COURT STAFF). (Entered: 07/01/2010)
2010-07-1295NOTICE of Appearance by Ila Casy Deiss (Deiss, Ila) (Filed on 7/12/2010) (Entered: 07/12/2010)
2010-07-1396Minute Entry: Motion Hearing held on 7/12/2010 before Hon. Marilyn Hall Patel (Date Filed: 7/13/2010) re 82 85 Cross motions for summary judgment (Court Reporter Connie Kuhl.) (awb, COURT STAFF) (Date Filed: 7/13/2010) (Entered: 07/13/2010)
2010-08-1297Transcript of Proceedings held on 7-12-2010, before Judge Marilyn Hall Patel. Court Reporter/Transcriber Connie McCarthy Kuhl, Telephone number 415-431-2020. 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 11/10/2010. (ck, COURT STAFF) (Filed on 8/12/2010) (Entered: 08/12/2010)
2010-09-0198MEMORANDUM AND ORDER. Signed by Judge Marilyn Hall Patel on 08/31/10. (sis, COURT STAFF) (Filed on 9/1/2010) (Entered: 09/01/2010)
2010-10-0199Third MOTION for Summary Judgment filed by Federal Bureau of Investigation, United States Department of Justice. Motion Hearing set for 11/8/2010 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Attachments: # 1 Exhibit &th Declaration of David M. Hardy, # 2 Exhibit Declaration of Darlene A. Broomall, # 3 Exhibit Declaration of Tiffany M. Eder, # 4 Exhibit Declaration of Marie A. Twarog)(Deiss, Ila) (Filed on 10/1/2010) (Entered: 10/01/2010)
2010-10-04100EXHIBITS re 99 Third MOTION for Summary Judgment Exhibits A-C to 7th Declaration of David M. Hardy filed byFederal Bureau of Investigation, United States Department of Justice. (Related document(s) 99 ) (Deiss, Ila) (Filed on 10/4/2010) (Entered: 10/04/2010)
2010-10-18101Memorandum in Opposition to 99 DEFENDANTS THIRD MOTION FOR SUMMARY JUDGMENT filed by Seth Rosenfeld. (Attachments: # 1 THIRD DECLARATION OF DAVID GREENE IN OPPOSITION TO DEFENDANTS THIRD CROSS-MOTION FOR SUMMARY JUDGMENT, # 2 FIFTH DECLARATION OF SETH ROSENFELD IN OPPOSITION TO DEFENDANTS THIRD MOTION FOR SUMMARY JUDGMENT)(Greene, David) (Filed on 10/18/2010) Modified on 10/21/2010 (gba, COURT STAFF). (Entered: 10/18/2010)
2010-10-25102Reply to Opposition re 99 Third MOTION for Summary Judgment filed byFederal Bureau of Investigation, United States Department of Justice. (Attachments: # 1 Declaration of David M. Hardy)(Deiss, Ila) (Filed on 10/25/2010) (Entered: 10/25/2010)
2010-11-08103CLERKS NOTICE RESETTING Motion Hearing on defendant's motion for summary judgment from 11/8/2010 to 11/29/2010 02:00 PM in Courtroom 15, 18th Floor, San Francisco before the Hon. Marilyn Hall Patel. (awb, COURT STAFF) (Filed on 11/8/2010) (Entered: 11/08/2010)
2010-11-10Set/Reset Deadlines as to 99 Third MOTION for Summary Judgment. Motion Hearing set for 11/29/2010 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (gba, COURT STAFF) (Filed on 11/10/2010) (Entered: 11/10/2010)
2010-11-22104CLERKS NOTICE: Defendant's motion for summary judgment reset from 11/29/2010 to 1/24/2011 02:00 PM in Courtroom 15, 18th Floor, San Francisco before the Hon. Marilyn Hall Patel. (awb, COURT STAFF) (Filed on 11/22/2010) (Entered: 11/22/2010)
2010-11-23***Deadlines terminated***. Release of Transcript Restriction date of 11/10/2010 Date Terminated 97 Transcript. (gba, COURT STAFF) (Filed on 11/23/2010) (Entered: 11/23/2010)
2010-11-23Set/Reset Deadlines as to 99 Third MOTION for Summary Judgment. Motion Hearing set for 1/24/2011 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (gba, COURT STAFF) (Filed on 11/23/2010) (Entered: 11/23/2010)
2011-01-24105Minute Entry: Motion Hearing held on 1/24/2011 before Hon. Marilyn Hall Patel (Date Filed: 1/24/2011) re (99 in 3:07-cv-03240-MHP) Third MOTION for Summary Judgment filed by United States Department of Justice, Federal Bureau of Investigation, (85 in 3:07-cv-03240-MHP) Second MOTION for Summary Judgment AND OPPOSITION TO DEFENDANTS' CROSS-MOTION FOR SUMMARY JUDGMENT filed by Seth Rosenfeld, CASE REFERRED to Magistrate Judge for Settlement Conference. (Court Reporter Kathy Wyatt.) (awb, COURT STAFF) (Date Filed: 1/24/2011) (Entered: 01/24/2011)
2011-01-25106Notice of Settlement Conference and Order Setting Settlement Conference before Magistrate Judge JOSEPH C. SPERO. Settlement Conference set for 3/15/2011 11:00 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 1/25/11. (klhS, COURT STAFF) (Filed on 1/25/2011) (Entered: 01/25/2011)
2011-01-26107Appendix OF REMAINING DISPUTED ISSUES FOLLOWING ORDER ON DEFENDANTS THIRD MOTION FOR SUMMARY JUDGMENT filed bySeth Rosenfeld. (Greene, David) (Filed on 1/26/2011) (Entered: 01/26/2011)
2011-01-26108***ERRONEOUS ENTRY. PLEASE DISREGARD*** Proposed Order re 107 Appendix ON DEFENDANTS THIRD MOTION FOR SUMMARY JUDGMENT by Seth Rosenfeld. (Greene, David) (Filed on 1/26/2011) Modified on 1/27/2011 (rcs, COURT STAFF). (Entered: 01/26/2011)
2011-01-27109Proposed Order ON 99 DEFENDANTS THIRD MOTION FOR SUMMARY JUDGMENT by Seth Rosenfeld. (Greene, David) (Filed on 1/27/2011) Modified on 1/28/2011 (mjj2, COURT STAFF). (Entered: 01/27/2011)
2011-01-31110Appendix re 109 Proposed Order JOINT APPENDIX OF REMAINING DISPUTED ISSUES FOLLOWING ORDER ON DEFENDANTS THIRD MOTION FOR SUMMARY JUDGMENT filed bySeth Rosenfeld. (Related document(s) 109 ) (Greene, David) (Filed on 1/31/2011) (Entered: 01/31/2011)
2011-02-02111STATUS REPORT by Seth Rosenfeld. (Greene, David) (Filed on 2/2/2011) (Entered: 02/02/2011)
2011-02-02112STATUS REPORT by Federal Bureau of Investigation, United States Department of Justice. (Deiss, Ila) (Filed on 2/2/2011) (Entered: 02/02/2011)
2011-02-11113ORDER RE DISCLOSURE: Signed by Judge Marilyn Hall Patel on 2/11/2011. (awb, COURT STAFF) (Filed on 2/11/2011) (Entered: 02/11/2011)
2011-02-15114NOTICE by Federal Bureau of Investigation, United States Department of Justice re 113 Order Notice of Compliance with Order (Deiss, Ila) (Filed on 2/15/2011) (Entered: 02/15/2011)
2011-02-23115MEMORANDUM & ORDER by Judge Marilyn Hall Patel granting in part and denying in part 99 Motion for Summary Judgment (tdm, COURT STAFF) (Filed on 2/23/2011) (Entered: 02/23/2011)
2011-03-15116Minute Entry: Settlement Conference held on 3/11/11 before Magistrate Judge Joseph C. Spero. Further Settlement Conference set for 6/21/2011 at 09:30 AM in Courtroom A, 15th Floor, San Francisco. (Recording #Not Reported.) (klh, COURT STAFF) (Date Filed: 3/15/2011) (Entered: 03/15/2011)
2011-03-15117Notice and Order Setting Further Settlement Conference before Magistrate Judge Joseph C. Spero. Further Settlement Conference set for 6/21/2011 09:30 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 03/15/11. (klh, COURT STAFF) (Filed on 3/15/2011) (Entered: 03/15/2011)
2011-03-28118STATUS REPORT by Federal Bureau of Investigation, United States Department of Justice. (Deiss, Ila) (Filed on 3/28/2011) (Entered: 03/28/2011)
2011-06-06119ORDER REASSIGNING CASE. Case reassigned to Judge Edward M. Chen for all further proceedings. Judge Marilyn H. Patel no longer assigned to the case. Signed by Judge Edward M. Chen on 6/6/11. (kc, COURT STAFF) (Filed on 6/6/2011) (Entered: 06/06/2011)
2011-06-21120JOINT CASE MANAGEMENT STATEMENT filed by Federal Bureau of Investigation, United States Department of Justice. (Deiss, Ila) (Filed on 6/21/2011) (Entered: 06/21/2011)
2011-06-21121Minute Entry: Further Settlement Conference held on 6/21/2011. Case did not settle.(Court Reporter Not Reported.) (klhS, COURT STAFF) (Date Filed: 6/21/2011) (Entered: 06/21/2011)
2011-10-03122CLERKS NOTICE Case Management Statement due by 10/28/2011. Case Management Conference set for 11/4/2011 09:00 AM in Courtroom 5, 17th Floor, San Francisco. (bpf, COURT STAFF) (Filed on 10/3/2011) (Entered: 10/03/2011)
2011-10-19123CLERK'S NOTICE: Case Management Statement due by 10/31/2011. Case Management Conference set for 11/7/2011 09:00 AM in Courtroom 5, 17th Floor, San Francisco. (tmi, COURT STAFF) (Filed on 10/19/2011) (Entered: 10/19/2011)
2011-10-31124JOINT CASE MANAGEMENT STATEMENT Further Joint Case Management Statement filed by Federal Bureau of Investigation, United States Department of Justice. (Deiss, Ila) (Filed on 10/31/2011) (Entered: 10/31/2011)
2011-11-09125Minute Entry: Initial Case Management Conference held on 11/7/2011 before Edward M. Chen. Further CMC set for 11/21/11 at 3:30 p.m. (Date Filed: 11/9/2011). () (bpf, COURT STAFF) (Date Filed: 11/9/2011) (Entered: 11/09/2011)
2011-11-16126JOINT CASE MANAGEMENT STATEMENT [Further]; and [Proposed] Order filed by Federal Bureau of Investigation, United States Department of Justice. (Deiss, Ila) (Filed on 11/16/2011) (Entered: 11/16/2011)
2011-11-22127Minute Entry: Further Case Management Conference held on 11/21/2011 before Edward M. Chen Plaintiff shall file his dispositive motion by 1/9/12. Defendants cross motion is due 2 weeks after. Vaughn Index to be included. Plaintiffs opposition and reply is due 2 weeks after Defendants motion and opposition is filed. Defendants reply is due 1 week thereafter. Hearing shall be set two weeks after the reply due date (on a Friday at 1:30 p.m.) (Date Filed: 11/22/2011). () (bpf, COURT STAFF) (Date Filed: 11/22/2011) (Entered: 11/22/2011)
2011-12-14128First MOTION for Hearing CASE MANAGEMENT CONFERENCE (REQUEST BY PLAINTIFF ) filed by Seth Rosenfeld. (Attachments: # 1 Exhibit (s) 1 - 5 for REQ FOR CMC)(Wheaton, James) (Filed on 12/14/2011) (Entered: 12/14/2011)
2011-12-14129RESPONSE (re 128 First MOTION for Hearing CASE MANAGEMENT CONFERENCE (REQUEST BY PLAINTIFF ) ) Opposition to Plaintiff's Motion for Further Joint Case Management Statement filed byFederal Bureau of Investigation, United States Department of Justice. (Deiss, Ila) (Filed on 12/14/2011) (Entered: 12/14/2011)
2011-12-16130RESPONSE (re 128 First MOTION for Hearing CASE MANAGEMENT CONFERENCE (REQUEST BY PLAINTIFF ) ) response to request fro case management conference in cases 90-3576, 85-1709, 85-2447-MHP filed byFederal Bureau of Investigation. (Attachments: # 1 Exhibit A)(Wechsler, Peter) (Filed on 12/16/2011) (Entered: 12/16/2011)
2011-12-16131Statement CLARIFICATION RE: REQUEST BY PLAINTIFF FOR CASE MANAGEMENT CONFERENCE by Seth Rosenfeld. (Wheaton, James) (Filed on 12/16/2011) (Entered: 12/16/2011)
2012-01-04132ORDER SETTING CMC. Signed by Judge Edward M. Chen on 1/4/12. (bpf, COURT STAFF) (Filed on 1/4/2012) (Entered: 01/04/2012)
2012-01-04Set/Reset Hearings: Case Management Conference set for 1/20/2012 10:30 AM in Courtroom 5, 17th Floor, San Francisco. (bpf, COURT STAFF) (Filed on 1/4/2012) (Entered: 01/04/2012)
2012-01-05Set/Reset Hearings: Further Case Management Conference set for 1/20/2012 10:30 AM in Courtroom 5, 17th Floor, San Francisco. (bpf, COURT STAFF) (Filed on 1/5/2012) (Entered: 01/05/2012)
2012-01-05133Third MOTION for Summary Judgment PLAINTIFFS THIRD MOTION FOR SUMMARY JUDGMENT filed by Seth Rosenfeld. Motion Hearing set for 2/24/2012 01:30 PM before Hon. Edward M. Chen. Responses due by 1/19/2012. Replies due by 1/26/2012. (Attachments: # 1 Declaration SIXTH DECLARATION OF SETH ROSENFELD IN SUPPORT OF PLAINTIFFS THIRD MOTION FOR SUMMARY JUDGMENT, # 2 Proposed Order [PROPOSED] ORDER ON PLAINTIFFS THIRD MOTION FOR SUMMARY JUDGMENT)(Wheaton, James) (Filed on 1/5/2012) (Entered: 01/05/2012)
2012-01-06134MOTION to Amend/Correct Set/Reset Hearings, 132 Order filed by Federal Bureau of Investigation. Responses due by 1/20/2012. Replies due by 1/27/2012. (Attachments: # 1 Exhibit A)(Wechsler, Peter) (Filed on 1/6/2012) (Entered: 01/06/2012)
2012-01-06135ORDER REFERRING CASE to Magistrate Judge Laporte for a status conference re C85-1709, C85-2247 and C90-3576.. Signed by Judge Edward M. Chen on 1/6/12. (bpf, COURT STAFF) (Filed on 1/6/2012) (Entered: 01/06/2012)
2012-01-10136NOTICE of Change In Counsel by James Russell Wheaton (Wheaton, James) (Filed on 1/10/2012) (Entered: 01/10/2012)
2012-01-19137RESPONSE (re 133 Third MOTION for Summary Judgment PLAINTIFFS THIRD MOTION FOR SUMMARY JUDGMENT ) DEFENDANTS' CROSS-MOTION FOR SUMMARY JUDGMENT WITH MEMORANDUM OF POINTS AND AUTHORITIES; OPPOSITION TO PLAINTIFF'S THIRD MOTION FOR SUMMARY JUDGMENT; AND NINTH DECLARATION OF DAVID M. HARDY filed byFederal Bureau of Investigation, United States Department of Justice. (Attachments: # 1 Declaration of David M. Hardy, # 2 Proposed Order)(Deiss, Ila) (Filed on 1/19/2012) (Entered: 01/19/2012)
2012-02-02138REPLY (re 133 Third MOTION for Summary Judgment PLAINTIFFS THIRD MOTION FOR SUMMARY JUDGMENT ) filed bySeth Rosenfeld. (Attachments: # 1 Declaration SEVENTH DECLARATION OF SETH ROSENFELD IN SUPPORT OF PLAINTIFFS THIRD MOTION FOR SUMMARY JUDGMENT)(Wheaton, James) (Filed on 2/2/2012) (Entered: 02/02/2012)
2012-02-09139CLERKS NOTICE Continuing Motions 133 and 137 from 2/24/12 to 2/23/12 at 1:30 p.m. (bpf, COURT STAFF) (Filed on 2/9/2012) (Entered: 02/09/2012)
2012-02-09140AMENDED CLERKS NOTICE Continuing Motion 133 and 137 Hearing from 2/23/12 to 2/27/12 at 10:00 a.m. (bpf, COURT STAFF) (Filed on 2/9/2012) (Entered: 02/09/2012)
2012-02-09Set/Reset Deadlines as to 133 Third MOTION for Summary Judgment PLAINTIFFS THIRD MOTION FOR SUMMARY JUDGMENT and (136). Motion Hearing reset for 2/27/2012 10:00 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. (bpf, COURT STAFF) (Filed on 2/9/2012) (Entered: 02/09/2012)
2012-02-16141STATUS REPORT by Federal Bureau of Investigation, United States Department of Justice. (Attachments: # 1 Exhibit A)(Deiss, Ila) (Filed on 2/16/2012) (Entered: 02/16/2012)
2012-02-27142Minute Entry: Motion Hearing held on 2/27/2012 before Edward M. Chen (Date Filed: 2/27/2012) re 133 Third MOTION for Summary Judgment PLAINTIFFS THIRD MOTION FOR SUMMARY JUDGMENT filed by Seth Rosenfeld. Government shall submit to this Court the unredacted document under seal. Court will then take the matter under submission and to issue order. (Court Reporter Debra Pas.) (bpf, COURT STAFF) (Date Filed: 2/27/2012) (Entered: 02/27/2012)
2012-03-05143REDACTED ORDER by Judge Edward M. Chen granting 133 Plaintiff's Motion for Summary Judgment and denying 137 Defendants' Cross-Motion for Summary Judgment (emclc3, COURT STAFF) (Filed on 3/5/2012) (Entered: 03/05/2012)
2012-03-05144FILED UNDER SEAL ORDER granting re 133 Third MOTION for Summary Judgment PLAINTIFFS THIRD MOTION FOR SUMMARY JUDGMENT . Signed by Judge Edward M. Chen on 3/5/12. (Attachments: # 1 Certificate of Service)(ysS, COURT STAFF) (Filed on 3/5/2012) (Entered: 03/05/2012)
2012-03-20145STIPULATION WITH PROPOSED ORDER Stipulation Pursuant To Local Civil Rule 6-2 To Entry of Judgment and To Extend Time To Request Fees; and [Proposed] Order filed by Federal Bureau of Investigation, United States Department of Justice. (Deiss, Ila) (Filed on 3/20/2012) (Entered: 03/20/2012)
2012-03-28146STIPULATION AND ORDER re 145 Pursuant To Local Civil Rule 6-2 To Entry of Judgment and To Extend Time To Request Fees; and [Proposed] Order filed by United States Department of Justice, Federal Bureau of Investigation. Signed by Judge Edward M. Chen on 3/28/12. (bpf, COURT STAFF) (Filed on 3/28/2012) (Entered: 03/28/2012)
2012-03-28147JUDGMENT. Signed by Deputy Clerk Betty Lee on 3/28/12. (bpf, COURT STAFF) (Filed on 3/28/2012) (Entered: 03/28/2012)
2012-05-29148NOTICE by Seth Rosenfeld PLAINTIFFS NOTICE OF ASSOCIATION OF COUNSEL (Chow, Lowell) (Filed on 5/29/2012) (Entered: 05/29/2012)
2012-05-29149MOTION for Attorney Fees PLAINTIFFS MOTION FOR AN AWARD OF ATTORNEYS FEES AND COSTS filed by Seth Rosenfeld. Motion Hearing set for 7/13/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Responses due by 6/12/2012. Replies due by 6/19/2012. (Wheaton, James) (Filed on 5/29/2012) (Entered: 05/29/2012)
2012-05-29150Declaration in Support of 149 MOTION for Attorney Fees PLAINTIFFS MOTION FOR AN AWARD OF ATTORNEYS FEES AND COSTS DECLARATION OF JAMES WHEATON filed bySeth Rosenfeld. (Related document(s) 149 ) (Wheaton, James) (Filed on 5/29/2012) (Entered: 05/29/2012)
2012-05-29151Declaration of DAVID GREENE in Support of 149 MOTION for Attorney Fees PLAINTIFFS MOTION FOR AN AWARD OF ATTORNEYS FEES AND COSTS filed bySeth Rosenfeld. (Related document(s) 149 ) (Wheaton, James) (Filed on 5/29/2012) (Entered: 05/29/2012)
2012-05-29152Declaration of RICHARD PEARL in Support of 149 MOTION for Attorney Fees PLAINTIFFS MOTION FOR AN AWARD OF ATTORNEYS FEES AND COSTS filed bySeth Rosenfeld. (Related document(s) 149 ) (Wheaton, James) (Filed on 5/29/2012) (Entered: 05/29/2012)
2012-05-29153Declaration in Support of 149 MOTION for Attorney Fees PLAINTIFFS MOTION FOR AN AWARD OF ATTORNEYS FEES AND COSTS EIGHTH DECLARATION OF SETH ROSENFELD IN SUPPORT OF PLAINTIFFS MOTION FOR AN AWARD OF ATTORNEYS FEES AND COSTS filed bySeth Rosenfeld. (Attachments: # 1 Exhibit A, # 2 Exhibit B-1, # 3 Exhibit B-2, # 4 Exhibit B-3, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Exhibit S, # 22 Exhibit T, # 23 Exhibit U, # 24 Exhibit V, # 25 Exhibit W, # 26 Exhibit X, # 27 Exhibit Y, # 28 Exhibit Z, # 29 Exhibit AA, # 30 Exhibit BB, # 31 Exhibit CC, # 32 Exhibit DD, # 33 Exhibit EE, # 34 Exhibit FF, # 35 Exhibit GG, # 36 Exhibit HH, # 37 Exhibit II, # 38 Exhibit JJ, # 39 Exhibit KK, # 40 Exhibit LL, # 41 Exhibit MM, # 42 Exhibit NN, # 43 Exhibit OO, # 44 Exhibit PP, # 45 Exhibit QQ, # 46 Exhibit RR, # 47 Exhibit SS, # 48 Exhibit TT, # 49 Exhibit UU, # 50 Exhibit VV, # 51 Exhibit WW, # 52 Exhibit XX, # 53 Exhibit YY, # 54 Exhibit ZZ)(Related document(s) 149 ) (Wheaton, James) (Filed on 5/29/2012) (Entered: 05/29/2012)
2012-05-29154Proposed Order re 149 MOTION for Attorney Fees PLAINTIFFS MOTION FOR AN AWARD OF ATTORNEYS FEES AND COSTS [PROPOSED] ORDER GRANTING PLAINTIFFS MOTION FOR AN AWARD OF ATTORNEYS FEES AND COSTS by Seth Rosenfeld. (Wheaton, James) (Filed on 5/29/2012) (Entered: 05/29/2012)
2012-06-12155RESPONSE (re 149 MOTION for Attorney Fees PLAINTIFFS MOTION FOR AN AWARD OF ATTORNEYS FEES AND COSTS ) Opposition filed byFederal Bureau of Investigation, United States Department of Justice. (Deiss, Ila) (Filed on 6/12/2012) (Entered: 06/12/2012)
2012-06-19156REPLY (re 149 MOTION for Attorney Fees PLAINTIFFS MOTION FOR AN AWARD OF ATTORNEYS FEES AND COSTS ) PLAINTIFFS REPLY MEMORANDUM IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEYS FEES AND COSTS filed bySeth Rosenfeld. (Attachments: # 1 Declaration FIFTH DECLARATION OF DAVID GREENE, FILED IN SUPPORT OF PLAINTIFFS MOTION FOR AN AWARD OF ATTORNEYS FEES AND COSTS, # 2 Declaration SECOND DECLARATION OF JAMES WHEATON IN SUPPORT OF PLAINTIFFS MOTION FOR A AWARD OF FEES AND COSTS, # 3 Proposed Order [REVISED PROPOSED] ORDER GRANTING PLAINTIFFS MOTION FOR AN AWARD OF ATTORNEYS FEES AND COSTS)(Wheaton, James) (Filed on 6/19/2012) (Entered: 06/19/2012)
2012-06-21157ORDER by Judge Edward M. Chen approving stipulation re motion for attorney fees. in case 3:07-cv-03240-EMC; deferring ruling on (157) Motion for Attorney Fees; granting (159) Stipulation in case 3:90-cv-03576-MHP. Opposition due 7/6/12. Reply due 7/13/12. Hearing reset from 7/13/12 to 7/31/12 at 1:30 p.m. (bpf, COURT STAFF) (Filed on 6/21/2012) (Entered: 06/21/2012)
2012-06-21Hearing reset from 7/13/12 to 7/31/12. Set/Reset Deadlines as to (157 in 3:90-cv-03576-MHP) MOTION for Attorney Fees PLAINTIFFS NOTICE OF MOTION AND MOTION FOR AN AWARD OF ATTORNEYS FEES AND COSTS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF , (149 in 3:07-cv-03240-EMC) MOTION for Attorney Fees PLAINTIFFS MOTION FOR AN AWARD OF ATTORNEYS FEES AND COSTS . Responses due by 7/6/2012. Replies due by 7/13/2012. Motion Hearing set for 7/31/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen (bpf, COURT STAFF) (Filed on 6/21/2012) (Entered: 06/21/2012)
2012-06-21158CLERKS NOTICE RESETTING MOTION HEARING FROM 7/13/12 TO 7/31/12, Set/Reset Deadlines as to 149 MOTION for Attorney Fees PLAINTIFFS MOTION FOR AN AWARD OF ATTORNEYS FEES AND COSTS . Responses due by 6/12/2012. Replies due by 6/19/2012. Motion Hearing set for 7/31/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen; This is a text only docket entry. There is no document associated with this action. (bpf, COURT STAFF) (Filed on 6/21/2012) Modified on 6/25/2012 (slh, COURT STAFF). (Entered: 06/21/2012)
2012-07-31159Minute Entry: Motion Hearing held on 7/31/2012 before Edward M. Chen (Date Filed: 7/31/2012) re 149 MOTION for Attorney Fees PLAINTIFFS MOTION FOR AN AWARD OF ATTORNEYS FEES AND COSTS filed by Seth Rosenfeld. Court took matter under submission and will issue order. (Court Reporter Lydia Zinn.) (bpf, COURT STAFF) (Date Filed: 7/31/2012) (Entered: 07/31/2012)
2012-10-17160ORDER by Judge Edward M. Chen Granting 149 Plaintiff's Motion for an Award of Attorneys' Fees and Costs. (emcsec, COURT STAFF) (Filed on 10/17/2012) (Entered: 10/17/2012)
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