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Case TitleFrost v. United States Department of Justice
DistrictNorthern District of California
CitySan Francisco
Case Number3:2017cv01240
Date Filed2017-03-09
Date ClosedOpen
JudgeMagistrate Judge Joseph C. Spero
PlaintiffVinton P. Frost
Case DescriptionVinton Frost submitted a FOIA request to the Department of Justice. He requested expedited processing, which was denied. Frost filed an administrative appeal, which was also denied. He then filed suit.
Complaint issues: Expedited processing

DefendantUnited States Department of Justice
DefendantMelanie Ann Pustay
DefendantMelanie Ann Pustay
TERMINATED: 05/25/2017
DefendantSean O'Neill
DefendantSean O'Neill
TERMINATED: 05/25/2017
DefendantOffice of Information Policy
DefendantOffice of Information Policy
TERMINATED: 07/07/2017
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [12]
FOIA Project Annotation: A federal court in California allowed prisoner Vinton Frost to continue his in forma pauperis suit against the FBI. The court found Frost had shown that the FBI was claiming Exemption 7(E) (investigative methods or techniques), but because his FOIA request was not attached to the complaint he had not yet shown whether or not he had reasonably described the records he was seeking. The court found there was no reason to appoint counsel at this time.
Issues: Exemption 7(E) - Investigative methods or techniques, Request - Specificity
Opinion/Order [21]
Opinion/Order [30]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-03-091COMPLAINT against United States Department of Justice (Filing Fee IFPP). Filed by Vinton P. Frost. (Attachments: # 1 Civil Cover Sheet) (gbaS, COURT STAFF) (Filed on 3/9/2017) (Entered: 03/09/2017)
2017-03-092MOTION for Leave to Proceed in forma pauperis filed by Vinton P. Frost. (gbaS, COURT STAFF) (Filed on 3/9/2017) (Entered: 03/09/2017)
2017-03-093CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Vinton P. Frost.. (gbaS, COURT STAFF) (Filed on 3/9/2017) (Entered: 03/09/2017)
2017-03-094Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/2/2017. Case Management Conference set for 6/9/2017 02:00 PM in Courtroom G, 15th Floor, San Francisco. (gbaS, COURT STAFF) (Filed on 3/9/2017) (Entered: 03/09/2017)
2017-03-275ORDER by Judge Joseph C. Spero granting 2 Motion for Leave to Proceed in forma pauperis. (jcslc1S, COURT STAFF) (Filed on 3/27/2017) (Additional attachment(s) added on 3/27/2017: # 1 Certificate/Proof of Service) (klhS, COURT STAFF). (Entered: 03/27/2017)
2017-03-286MOTION for Relief filed by Vinton P. Frost. Responses due by 4/11/2017. Replies due by 4/18/2017. (gbaS, COURT STAFF) (Filed on 3/28/2017) (Entered: 03/29/2017)
2017-03-307FIRST AMENDED COMPLAINT against United States Department of Justice, Melanie Ann Pustay, Sean O'Neill. Filed by Vinton P. Frost. (gbaS, COURT STAFF) (Filed on 3/30/2017) (Entered: 03/30/2017)
2017-04-108ORDER RELATING CASE to 3:17-cv-01239 JCS Frost v. National Security Agency. Related cases: Create association to 3:17-cv-01239-JCS. Signed by Chief Magistrate Judge Joseph C. Spero on 4/10/17. (klhS, COURT STAFF) (Filed on 4/10/2017) (Entered: 04/10/2017)
2017-04-179ORDER FINDING CASE IS NOT RELATED to 17-cv-01239 JCS, 17-cv-01240 JCS, 17-CV-01587 LB. Signed by Judge Nathanael Cousins on 4/17/2017. (Attachments: # 1 Certificate/Proof of Service)(lmh, COURT STAFF) (Filed on 4/17/2017) (Entered: 04/17/2017)
2017-05-0810Erroneous Entry--Please Ignore--See Below For Corrected Document Received Document: "Supplemental Complaint" by Vinton P. Frost. (msr, COURT STAFF) (Filed on 5/8/2017) Modified on 5/9/2017 (msr, COURT STAFF). (Entered: 05/09/2017)
2017-05-0811Received Document "Supplemental Complaint" by Vinton P. Frost. (msr, COURT STAFF) (Filed on 5/8/2017) (Entered: 05/09/2017)
2017-05-1512ORDER by Judge Joseph C. Spero reviewing complaint pursuant to 28 USC section 1915, dismissing claims against Defendants Pustay and O'Neill with prejudice and without leave to amend, dismissing claims against the Department of Justice with leave to amend, vacating June 9, 2017 Case Management Conference, and denying 6 Motion for Appointment of Counsel without prejudice. Plaintiff's amended complaint shall be filed within thirty (30) days. (jcslc1S, COURT STAFF) (Filed on 5/15/2017) (Additional attachment(s) added on 5/15/2017: # 1 Certificate/Proof of Service) (klhS, COURT STAFF). (Entered: 05/15/2017)
2017-05-2213SECOND AMENDED COMPLAINT; Demand for Jury Trial against United States Department of Justice, Office of Information Policy. Filed by Vinton P. Frost. (gbaS, COURT STAFF) (Filed on 5/22/2017) (Entered: 05/25/2017)
2017-06-0214MOTION to Continue Case Management Conference filed by Vinton P. Frost. (msr, COURT STAFF) (Filed on 6/2/2017) (Entered: 06/05/2017)
2017-06-0515ORDER by Judge Joseph C. Spero granting 14 Motion to Continue. The June 9, 2017 Case Management Conference has been vacated. (jcslc1S, COURT STAFF) (Filed on 6/5/2017) (Entered: 06/05/2017)
2017-06-0516CERTIFICATE OF SERVICE re 15 Order on Motion to Continue. (tmiS, COURT STAFF) (Filed on 6/5/2017) (Entered: 06/05/2017)
2017-06-0517NOTICE of Constitutional Challenge by Vinton P. Frost (gbaS, COURT STAFF) (Filed on 6/5/2017) (Entered: 06/16/2017)
2017-06-1218SECOND SUPPLEMENTAL COMPLAINT against Office of Information Policy, United States Department of Justice. Filed by Vinton P. Frost. (gbaS, COURT STAFF) (Filed on 6/12/2017) (Entered: 06/16/2017)
2017-06-2119DEMAND for Trial by Jury by Vinton P. Frost. (gbaS, COURT STAFF) (Filed on 6/21/2017) (Entered: 06/25/2017)
2017-06-2620NOTICE of Withdrawal by Vinton P. Frost re 19 Jury Demand, 18 Second Supplemental Complaint. (gbaS, COURT STAFF) (Filed on 6/26/2017) (Entered: 06/27/2017)
2017-06-2821ORDER REVIEWING SECOND AMENDED COMPLAINT AND ORDERING SERVICE OF THE SECOND AMENDED COMPLAINT ON THE DEPARTMENT OF JUSTICE. Signed by Judge Joseph C. Spero on June 28, 2017. (jcslc1S, COURT STAFF) (Filed on 6/28/2017) (Additional attachment(s) added on 6/28/2017: # 1 Certificate/Proof of Service) (klhS, COURT STAFF). (Entered: 06/28/2017)
2017-07-0722Summons Issued as to United States Department of Justice. (Attachments: # 1 USM-285 Forms) (gbaS, COURT STAFF) (Filed on 7/7/2017) (Entered: 07/07/2017)
2017-07-1323NOTICE of Acknowledgment of Receipt submitted by U.S. Marshals Service re 22 Summons Issued. (gbaS, COURT STAFF) (Filed on 7/13/2017) (Entered: 07/13/2017)
2017-08-0224SUMMONS Returned Executed United States Department of Justice served on 7/26/2017, answer due 9/25/2017. (gbaS, COURT STAFF) (Filed on 8/2/2017) (Entered: 08/02/2017)
2017-08-0326MOTION to Transfer Venue filed by Vinton P. Frost. Responses due by 8/17/2017. Replies due by 8/24/2017. (gbaS, COURT STAFF) (Filed on 8/3/2017) (Entered: 08/04/2017)
2017-08-0327MOTION to Correct Docket Entry re 24 Summons Returned Executed as to USA filed by Vinton P. Frost. Responses due by 8/17/2017. Replies due by 8/24/2017. (gbaS, COURT STAFF) (Filed on 8/3/2017) (Entered: 08/04/2017)
2017-08-0425NOTICE of Appearance by James A. Scharf and CONSENT/DECLINATION TO PROCEED BEFORE A MAGISTRATE JUDGE (Scharf, James) (Filed on 8/4/2017) Modified on 8/8/2017 (klhS, COURT STAFF). (Entered: 08/04/2017)
2017-08-0728Statement of Non-Opposition re 26 MOTION to Transfer Case filed byUnited States Department of Justice. (Related document(s) 26 ) (Scharf, James) (Filed on 8/7/2017) (Entered: 08/07/2017)
2017-08-0829CLERK'S NOTICE Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge. Consent/Declination due by 8/22/2017. 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 8/22/2017. (klhS, COURT STAFF) (Filed on 8/8/2017) (Entered: 08/08/2017)
2017-08-1030ORDER by Judge Joseph C. Spero denying 26 Motion to Transfer Case; denying 27 Motion for correction of docket entry. (jcslc1S, COURT STAFF) (Filed on 8/10/2017) (Additional attachment(s) added on 8/10/2017: # 1 Certificate/Proof of Service) (klhS, COURT STAFF). (Entered: 08/10/2017)
2017-08-1731MOTION to Sanction Attorney for Defendant filed by Vinton P. Frost. Responses due by 8/31/2017. Replies due by 9/7/2017. (gbaS, COURT STAFF) (Filed on 8/17/2017) (Entered: 08/17/2017)
2017-08-1832ORDER by Judge Joseph C. Spero denying 31 Motion for Sanctions. If the parties make reasonable and good faith efforts to meet and confer by telephone and/or by email and are unable to agree on a joint schedule for the case, they may submit separate proposed schedules for the case by September 26, 2017. (jcslc1S, COURT STAFF) (Filed on 8/18/2017) (Additional attachment(s) added on 8/21/2017: # 1 Certificate/Proof of Service) (klhS, COURT STAFF). (Entered: 08/18/2017)
2017-08-2233MOTION to Appoint Counsel filed by Vinton P. Frost. (gbaS, COURT STAFF) (Filed on 8/22/2017) (Entered: 08/22/2017)
2017-08-2334ANSWER to Amended Complaint byUnited States Department of Justice. (Attachments: # 1 Certificate/Proof of Service)(Scharf, James) (Filed on 8/23/2017) (Entered: 08/23/2017)
2017-08-2335NOTICE of Proposed Schedule by United States Department of Justice (Attachments: # 1 Certificate/Proof of Service)(Scharf, James) (Filed on 8/23/2017) Modified on 8/23/2017 (gbaS, COURT STAFF). (Entered: 08/23/2017)
2017-08-2336ORDER by Judge Joseph C. Spero denying 33 Motion to Appoint Counsel. (jcslc1S, COURT STAFF) (Filed on 8/23/2017) (Additional attachment(s) added on 8/23/2017: # 1 Certificate/Proof of Service) (klhS, COURT STAFF). (Entered: 08/23/2017)
2017-08-2337NOTICE by Vinton P. Frost (gbaS, COURT STAFF) (Filed on 8/23/2017) (Entered: 08/24/2017)
2017-08-2938Response to Order for Scheduling by Vinton P. Frost. (gbaS, COURT STAFF) (Filed on 8/29/2017) (Entered: 08/30/2017)
2017-08-3139OBJECTIONS to re 38 Response Defendant's Objection to Plaintiff's Response to Order for Scheduling by United States Department of Justice. (Attachments: # 1 Certificate/Proof of Service)(Scharf, James) (Filed on 8/31/2017) (Entered: 08/31/2017)
2017-09-0541MOTION for Court Order on Recordings filed by Vinton P. Frost. Responses due by 9/19/2017. Replies due by 9/26/2017. (gbaS, COURT STAFF) (Filed on 9/5/2017) (Entered: 09/07/2017)
2017-09-0640SCHEDULING ORDER : Defendant's Motion for Summary Judgment due by 11/30/2017. Plaintiff's Cross Motions due by 12/29/2017. Replies due by 2/9/2018. Responses due by 1/26/2018. Motion Hearing set for 3/2/2018 09:30 AM in Courtroom G, 15th Floor, San Francisco before Chief Magistrate Judge Joseph C. Spero. Signed by Chief Magistrate Judge Joseph C. Spero on 9/6/17. (klhS, COURT STAFF) (Filed on 9/6/2017) (Entered: 09/06/2017)
2017-09-0642MOTION Judicial Review filed by Vinton P. Frost. Responses due by 9/20/2017. Replies due by 9/27/2017. (gbaS, COURT STAFF) (Filed on 9/6/2017) (Entered: 09/07/2017)
2017-09-0843OPPOSITION/RESPONSE (re 42 MOTION Judicial Review, 41 MOTION for Court Order on Recordings ) filed byUnited States Department of Justice. (Attachments: # 1 Certificate/Proof of Service)(Scharf, James) (Filed on 9/8/2017) (Entered: 09/08/2017)
2017-09-1244ORDER by Judge Joseph C. Spero denying 41 Motion for leave to record telephone conversations with counsel; and denying 42 Motion for in camera review of documents produced in response to FOIA request. (jcslc1, COURT STAFF) (Filed on 9/12/2017) (Additional attachment(s) added on 9/12/2017: # 1 Certificate of Service) (ahm, COURT STAFF). (Entered: 09/12/2017)
2017-09-2646MOTION for Ninth Circuit to take notice filed by Vinton P. Frost. Responses due by 10/10/2017. Replies due by 10/17/2017. (gbaS, COURT STAFF) (Filed on 9/26/2017) (Entered: 09/28/2017)
2017-09-2647NOTICE by Vinton P. Frost. (gbaS, COURT STAFF) (Filed on 9/26/2017) (Entered: 09/28/2017)
2017-09-2845NOTICE by United States Department of Justice re 40 Case Management Scheduling Order,, Set Deadlines/Hearings, (Scharf, James) (Filed on 9/28/2017) (Entered: 09/28/2017)
2017-09-2948MOTION for Leave of Court filed by Vinton P. Frost. Responses due by 10/13/2017. Replies due by 10/20/2017. (gbaS, COURT STAFF) (Filed on 9/29/2017) (Entered: 09/29/2017)
2017-10-0249OPPOSITION/RESPONSE (re 48 MOTION for Leave of Court ) filed byUnited States Department of Justice. (Attachments: # 1 Certificate/Proof of Service)(Scharf, James) (Filed on 10/2/2017) (Entered: 10/02/2017)
2017-10-0650NOTICE by Vinton P. Frost (gbaS, COURT STAFF) (Filed on 10/6/2017) (Entered: 10/06/2017)
2017-10-1051ORDER by Judge Joseph C. Spero denying 46 request for Ninth Circuit library privileges; denying 48 Motion Stay or Modification of Case schedule. (jcslc1S, COURT STAFF) (Filed on 10/10/2017) (Additional attachment(s) added on 10/10/2017: # 1 Certificate/Proof of Service) (klhS, COURT STAFF). (Entered: 10/10/2017)
2017-10-1752MOTION for Reconsideration re 51 Order filed by Vinton P. Frost. (gbaS, COURT STAFF) (Filed on 10/17/2017) (Entered: 10/17/2017)
2017-10-1753MOTION for Leave to File Motion for Reconsideration filed by Vinton P. Frost. (gbaS, COURT STAFF) (Filed on 10/17/2017) (Entered: 10/17/2017)
2017-10-1854MOTION for Library Privileges filed by Vinton P. Frost. Responses due by 11/1/2017. Replies due by 11/8/2017. (gbaS, COURT STAFF) (Filed on 10/18/2017) (Entered: 10/18/2017)
2017-10-2556NOTICE: Request for Additional Agency Response by Vinton P. Frost (gbaS, COURT STAFF) (Filed on 10/25/2017) (Entered: 10/27/2017)
2017-10-2755ORDER by Judge Joseph C. Spero denying 52 Motion for Reconsideration ; denying 53 Motion for Leave to File Motion for Reconsideration; denying 54 Motion for Library Borrowing Privileges. (jcslc1S, COURT STAFF) (Filed on 10/27/2017) (Additional attachment(s) added on 10/27/2017: # 1 Certificate/Proof of Service) (klhS, COURT STAFF). (Entered: 10/27/2017)
2017-10-2757RESPONSE to re 56 Notice (Other) by United States Department of Justice. (Attachments: # 1 Certificate/Proof of Service)(Scharf, James) (Filed on 10/27/2017) (Entered: 10/27/2017)
2017-10-3158MOTION for Recusal filed by Vinton P. Frost. Responses due by 11/14/2017. Replies due by 11/21/2017. (gbaS, COURT STAFF) (Filed on 10/31/2017) (Entered: 10/31/2017)
2017-11-0659ORDER by Judge Joseph C. Spero denying 58 Motion for Recusal. (jcslc1S, COURT STAFF) (Filed on 11/6/2017) (Additional attachment(s) added on 11/7/2017: # 1 Certificate/Proof of Service) (klhS, COURT STAFF). (Entered: 11/06/2017)
2017-11-0860MOTION for Leave of Court to File Motion for Reconsideration of Motion for Recusal filed by Vinton P. Frost. (gbaS, COURT STAFF) (Filed on 11/8/2017) (Entered: 11/08/2017)
2017-11-1461SECOND NOTICE: Request for Additional Agency Response by Vinton P. Frost (gbaS, COURT STAFF) (Filed on 11/14/2017) (Entered: 11/14/2017)
2017-11-1662THIRD NOTICE: Request for Additional Agency Response by Vinton P. Frost (gbaS, COURT STAFF) (Filed on 11/16/2017) (Entered: 11/16/2017)
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by FOIA Project Staff