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Case TitleHeang -v- Department of Homeland Security
DistrictNorthern District of California
CitySan Francisco
Case Number3:2016cv06304
Date Filed2016-11-01
Date Closed2018-01-25
JudgeMagistrate Judge Joseph C. Spero
PlaintiffPhalkun Bun Heang
Case DescriptionPhalkun Bun Heang, a Cambodian national who had married a U.S. citizen, submitted a FOIA request to U.S. Immigration and Customs Enforcement for a videotape of an interview in which she was allegedly coerced into making false statements the agency used as the basis for deportation proceedings. The agency denied her request on the basis of Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records) to protect the identity of the interviewer. Heang filed an administrative appeal, which the agency initially rejected as untimely. After Heang provided evidence showing her appeal was timely, the agency reopened her appeal. However, after hearing nothing further from the agency, Heang filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUS Immigration and Customs Enforcement
DefendantUS Immigration and Customs Enforcement
TERMINATED: 03/28/2017
DefendantDepartment of Homeland Security
DefendantUnited States Department of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [43]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-11-011COMPLAINT for Injunctive Relief against US Immigration and Customs Enforcement (Filing fee $ 400.00, receipt number 0971-10896747.). Filed by Phalkun Bun Heang. (Attachments: # 1 Civil Cover Sheet)(Benitez, Gener) (Filed on 11/1/2016) Modified on 11/1/2016 (gbaS, COURT STAFF). (Entered: 11/01/2016)
2016-11-012Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/15/2016. (srn, COURT STAFF) (Filed on 11/1/2016) (Entered: 11/01/2016)
2016-11-013Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/27/2017. Case Management Conference set for 2/3/2017 02:00 PM in Courtroom G, 15th Floor, San Francisco. (gbaS, COURT STAFF) (Filed on 11/1/2016) (Entered: 11/01/2016)
2016-11-014Proposed Summons. (Benitez, Gener) (Filed on 11/1/2016) (Entered: 11/01/2016)
2016-11-235CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge Consent/Declination due by 12/7/2016. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 12/7/2016. (klhS, COURT STAFF) (Filed on 11/23/2016) (Entered: 11/23/2016)
2016-11-296CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Phalkun Bun Heang.. (Benitez, Gener) (Filed on 11/29/2016) (Entered: 11/29/2016)
2016-12-307Summons Issued as to US Immigration and Customs Enforcement. (gbaS, COURT STAFF) (Filed on 12/30/2016) (Entered: 12/30/2016)
2017-01-048CERTIFICATE OF SERVICE by Phalkun Bun Heang (Benitez, Gener) (Filed on 1/4/2017) (Entered: 01/04/2017)
2017-01-069ADMINISTRATIVE MOTION Relief from Initial Case Management Scheduling Order filed by Phalkun Bun Heang. Responses due by 1/10/2017. (Attachments: # 1 Declaration, # 2 Proposed Order)(Benitez, Gener) (Filed on 1/6/2017) (Entered: 01/06/2017)
2017-01-0910Order, signed as modified on 1/9/17, by Chief Magistrate Judge Joseph C. Spero granting 9 Administrative Motion from Order Setting Initial Case Management and For Continuance of Initial Case Management Conference. Case Management Statement due by 4/27/2017. Case Management Conference re-set for 5/5/2017 at 02:00 PM in Courtroom G, 15th Floor, San Francisco.(klhS, COURT STAFF) (Filed on 1/9/2017) (Entered: 01/09/2017)
2017-02-0211STIPULATION Continuing Deadline to Respond to Complaint filed by US Immigration and Customs Enforcement. (Pereda, David) (Filed on 2/2/2017) (Entered: 02/02/2017)
2017-02-0612ORDER GRANTING re 11 Stipulation Continuing Deadline to Respond to Complaint filed by US Immigration and Customs Enforcement. Signed by Chief Magistrate Judge Joseph C. Spero on 2/6/17. (klhS, COURT STAFF) (Filed on 2/6/2017) (Entered: 02/06/2017)
2017-03-0213STIPULATION CONTINUING DEADLINE TO RESPOND TO COMPLAINT filed by US Immigration and Customs Enforcement. (Pereda, David) (Filed on 3/2/2017) (Entered: 03/02/2017)
2017-03-0314ORDER GRANTING 13 Stipulation Further Continuing Deadline to Respond to Complaint filed by US Immigration and Customs Enforcement. Signed by Chief Magistrate Judge Joseph C. Spero on 3/3/17. (klhS, COURT STAFF) (Filed on 3/3/2017) (Entered: 03/03/2017)
2017-03-0315CLERK'S NOTICE Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge Consent/Declination due by 3/17/2017. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 3/17/2017. (klhS, COURT STAFF) (Filed on 3/3/2017) (Entered: 03/03/2017)
2017-03-2016SECOND CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge. Consent/Declination due by 4/3/2017. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 4/3/2017. (klhS, COURT STAFF) (Filed on 3/20/2017) (Entered: 03/20/2017)
2017-03-2017CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by US Immigration and Customs Enforcement.. (Pereda, David) (Filed on 3/20/2017) (Entered: 03/20/2017)
2017-03-2418STIPULATION WITH PROPOSED ORDER filed by US Immigration and Customs Enforcement. (Pereda, David) (Filed on 3/24/2017) (Entered: 03/24/2017)
2017-03-2719Order, signed 3/27/17, by Chief Magistrate Judge Joseph C. Spero granting 18 Stipulation Further Continuing Deadline to Respond to Complaint and Substituting Named Defendant. Answer due by 4/17/17.(klhS, COURT STAFF) (Filed on 3/27/2017) (Entered: 03/27/2017)
2017-04-1720ANSWER to Complaint byDepartment of Homeland Security. (Pereda, David) (Filed on 4/17/2017) (Entered: 04/17/2017)
2017-04-1821ADR Clerk's Notice re: Non-Compliance with Court Order (ewh, COURT STAFF) (Filed on 4/18/2017) (Entered: 04/18/2017)
2017-04-2022STIPULATION and Proposed Order selecting Mediation by Phalkun Bun Heang filed by Phalkun Bun Heang. (Benitez, Gener) (Filed on 4/20/2017) (Entered: 04/20/2017)
2017-04-2023ORDER by Chief Magistrate Judge Joseph C. Spero granting 22 Stipulation selecting Mediation. (ahm, COURT STAFF) (Filed on 4/20/2017) (Entered: 04/20/2017)
2017-04-2424ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Plaintiff (Benitez, Gener) (Filed on 4/24/2017) (Entered: 04/24/2017)
2017-04-2725CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER filed by Phalkun Bun Heang. (Benitez, Gener) (Filed on 4/27/2017) (Entered: 04/27/2017)
2017-05-0826Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Initial Case Management Conference held on 5/5/2017. Case Management Statement due by 8/25/2017. Further Case Management Conference set for 9/1/2017 02:00 PM in Courtroom G, 15th Floor, San Francisco.FTR Time Not Reported. (klhS, COURT STAFF) (Date Filed: 5/8/2017) (Entered: 05/08/2017)
2017-05-08CASE REFERRED to Magistrate Judge Maria-Elena James for Settlement (ahm, COURT STAFF) (Filed on 5/8/2017) (Entered: 05/08/2017)
2017-05-0827AMENDEDMinute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Initial Case Management Conference held on 5/5/2017.Case Management Statement due by 8/25/2017. Further Case Management Conference set for 9/1/2017 02:00 PM in Courtroom G, 15th Floor, San FranciscoFTR Time Not Reported. Plaintiff Attorney Gener D. Benitez. Defendant Attorney David Pereda. Attachment Minute Order.(klhS, COURT STAFF) (Date Filed: 5/8/2017) (Entered: 05/08/2017)
2017-05-1028Order Setting Settlement Conference before Magistrate Judge: Settlement Conference set for 9/5/2017 10:00 a.m., in Chambers, 15th Floor, 450 Golden Gate Avenue, San Francisco, CA. Signed by Magistrate Judge Maria-Elena James on 5/10/2017. (rmm2S, COURT STAFF) (Filed on 5/10/2017) (Entered: 05/10/2017)
2017-05-3029ADR Clerk's Notice Appointing Stephen Liacouras as Mediator. (af, COURT STAFF) (Filed on 5/30/2017) (Entered: 05/30/2017)
2017-06-0730ADR Clerk's Notice Setting ADR Phone Conference on Tuesday, June 13, 2017, at 3:30 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 6/7/2017) (Entered: 06/07/2017)
2017-06-1331STIPULATION WITH PROPOSED ORDER re 28 Order Setting Settlement Conference, 23 Order on Stipulation selecting Mediation filed by Department of Homeland Security. (Pereda, David) (Filed on 6/13/2017) (Entered: 06/13/2017)
2017-06-1332ADR Remark: In light of Docket No. 31 , the ADR Phone Conference scheduled on 6/13/2017, has been taken off calendar/vacated. (af, COURT STAFF) (Filed on 6/13/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 06/13/2017)
2017-06-1433Order, signed 6/14/17, by Chief Magistrate Judge Joseph C. Spero granting 31 Stipulation to Vacate Mediation Referral.(klhS, COURT STAFF) (Filed on 6/14/2017) (Entered: 06/14/2017)
2017-08-2534JOINT CASE MANAGEMENT STATEMENT filed by United States Department of Homeland Security. (Pereda, David) (Filed on 8/25/2017) (Entered: 08/25/2017)
2017-08-2835NOTICE of Settlement by United States Department of Homeland Security (Pereda, David) (Filed on 8/28/2017) Modified on 8/28/2017 (gbaS, COURT STAFF). (Entered: 08/28/2017)
2017-08-2936CLERK'S NOTICE CONTINUING FURTHER CASE MANAGEMENT CONFERENCE: Case Management Statement due by 11/22/2017. Further Case Management Conference, currently set for 9/1/17 at 2:00 PM has been continued to 12/1/2017 02:00 PM in Courtroom G, 15th Floor, San Francisco. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klhS, COURT STAFF) (Filed on 8/29/2017) (Entered: 08/29/2017)
2017-08-3037CLERK'S NOTICE: Vacating Settlement Conference. Counsel has notified the Court that this case has settled. Therefore, the settlement conference scheduled for September 5, 2017 at 10:00 a.m., before Magistrate Judge Maria-Elena James, is VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Filed on 8/30/2017) (Entered: 08/30/2017)
2017-11-0338STIPULATION WITH PROPOSED ORDER re 35 Notice (Other) filed by United States Department of Homeland Security. (Attachments: # 1 Exhibit)(Pereda, David) (Filed on 11/3/2017) (Entered: 11/03/2017)
2017-11-0739Order, signed 11/6/17, by Chief Magistrate Judge Joseph C. Spero granting 38 Stipulated Protective Order.(klhS, COURT STAFF) (Filed on 11/7/2017) (Entered: 11/07/2017)
2017-11-2240JOINT CASE MANAGEMENT STATEMENT AND STATUS UPDATE filed by United States Department of Homeland Security. (Pereda, David) (Filed on 11/22/2017) (Entered: 11/22/2017)
2017-11-3041CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE: Further Case Management Conference previously set for 12/1/17 has been re-set for 2/2/2018 02:00 PM in Courtroom G, 15th Floor, San Francisco. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klhS, COURT STAFF) (Filed on 11/30/2017) (Entered: 11/30/2017)
2018-01-2442STIPULATION FOR DISMISSAL filed by Phalkun Bun Heang. (Benitez, Gener) (Filed on 1/24/2018) (Entered: 01/24/2018)
2018-01-2543ORDER GRANTING 42 Stipulation DISMISSING CASE. Signed by Chief Magistrate Judge Joseph C. Spero on 1/25/18. (klhS, COURT STAFF) (Filed on 1/25/2018) (Entered: 01/25/2018)
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by FOIA Project Staff