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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
AppealNinth Circuit 18-15595
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: Request - Specificity, Exemption 7(E) - Investigative methods or techniques
Opinion/Order [21]
Opinion/Order [30]
Opinion/Order [95]
FOIA Project Annotation: A federal court in California has ruled that while the Justice Department's Office of the Attorney General conducted an adequate search for records concerning Vinton Frost, uncovering no responsive records, but that the FBI, which located 87 pages, 40 of which were duplicates, disclosing three pages entirely and 37 pages with redactions for the names of third parties and FBI staff, failed to show that its search was adequate. Frost challenged the adequacy of the search for both components. Although Frost argued that a staffer at the Office of Information Policy told him that the office was waiting on permission to search two computers, OIP's search found no records. Frost claimed the search was insufficient, but the court noted that the OIP affidavit explained that "a search request inquiry was sent to all OAG staff and that the responses led OIP to conclude that responsive records were likely to be found only in the email of one individual at OAG. As the Court finds nothing in the record that suggests OIP's conclusion was not based on a reasonable inquiry conducted in good faith, it rejected Plaintiff's assertion that the search was inadequate because OIP searched only the email of a single individual." The FBI only located responsive records after Frost filed suit. The court pointed out that "the FBI offers no explanation for limiting its search to main file records and does not provide an affidavit attesting that the choice was based on a determination that such a search was reasonably likely to locate responsive records. Instead, the limited search appears to have been based on a policy of waiting until a FOIA requester initiates litigation to search cross-references. As the obligations imposed on agencies under FOIA do not change when litigation is initiated, this policy appears to conflict with the FBI's obligations under FOIA." Acknowledging that the tardiness of a search is not relevant if an adequate search was eventually conducted, the court nevertheless found that the agency's explanation of its search was insufficient. The court observed that "it does not address whether documents that may have been generated by the San Francisco Filed Office about Plaintiff would have been uncovered by its search." The court added that the agency's affidavit did not indicate whether the FBI had asked the staff of its San Francisco field office "to determine whether any of them were likely to have responsive documents, what form such documents might take or where they might be stored." As a result, the court ordered the FBI to supplement its affidavits.
Issues: Adequacy - Search
Opinion/Order [113]
Opinion/Order [115]
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)
2017-11-2063ORDER by Judge Joseph C. Spero denying 60 Motion for Leave to File Motion for Reconsideration. (jcslc1S, COURT STAFF) (Filed on 11/20/2017) (Additional attachment(s) added on 11/21/2017: # 1 Certificate/Proof of Service) (klhS, COURT STAFF). (Entered: 11/20/2017)
2017-11-2264OBJECTION to 63 Order Denying Motion for Leave for Reconsideration by Vinton P. Frost. (gbaS, COURT STAFF) (Filed on 11/22/2017) (Entered: 11/22/2017)
2017-11-2968MOTION Modify Schedule filed by Vinton P. Frost. Responses due by 12/13/2017. Replies due by 12/20/2017. (gbaS, COURT STAFF) (Filed on 11/29/2017) (Entered: 12/03/2017)
2017-11-3065MOTION for Summary Judgment filed by United States Department of Justice. Motion Hearing set for 3/2/2018 09:30 AM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero. Responses due by 12/14/2017. Replies due by 12/21/2017. (Attachments: *** # 1 Declaration of Daniel R. Castellano DOCUMENT LOCKED AT FILER'S REQUEST. DOCUMENT TO BE REFILED LATER. *** , # 2 Declaration of David M. Hardy, # 3 Certificate/Proof of Service)(Scharf, James) (Filed on 11/30/2017) Modified on 1/23/2018 (ewn, COURT STAFF). (Entered: 11/30/2017)
2017-11-3066Declaration of David M. Hardy in Support of 65 MOTION for Summary Judgment (to replace dkt. 65-2 which did not load in a readable format) filed byUnited States Department of Justice. (Attachments: # TEMPORARY SEAL BY COURT ORDER (1) Exhibit A through G, # 2 Certificate/Proof of Service)(Related document(s) 65 ) (Scharf, James) (Filed on 11/30/2017) Modified on 5/4/2018 (klhS, COURT STAFF). (Entered: 11/30/2017)
2017-11-3067Declaration of David M. Hardy in Support of 66 Declaration in Support, (signature page) filed byUnited States Department of Justice. (Attachments: # 1 Certificate/Proof of Service)(Related document(s) 66 ) (Scharf, James) (Filed on 11/30/2017) (Entered: 11/30/2017)
2017-12-0569Statement re 68 MOTION Modify Schedule (No Opposition) by United States Department of Justice. (Scharf, James) (Filed on 12/5/2017) (Entered: 12/05/2017)
2017-12-0670ORDER by Judge Joseph C. Spero granting 68 Motion Modify Briefing Schedule. Plaintiffs opposition and cross-motion for summary judgment shall be filed and served on or before February 2, 2018 (previously December 29, 2017); Defendants reply and opposition to Plaintiff's cross-motion for summary judgment shall be filed and served by March 2, 2018 (previously January 26, 2018); Plaintiffs reply shall be filed and served on or before March 16, 2018 (previously February 9, 2018). The hearing on the motions is continued to April 20, 2018, at 9:30 AM. (jcslc1S, COURT STAFF) (Filed on 12/6/2017) (Additional attachment(s) added on 12/6/2017: # 1 Certificate/Proof of Service) (klhS, COURT STAFF). (Entered: 12/06/2017)
2017-12-06Set Deadlines/Hearings:, Set/Reset Deadlines as to 65 MOTION for Summary Judgment . Cross Motions due by 2/2/2018. Replies due by 3/2/2018. Responses due by 2/2/2018. Replies due 3/16/18 Motion Hearing set for 4/20/2018 09:30 AM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero. (klhS, COURT STAFF) (Filed on 12/6/2017) (Entered: 12/06/2017)
2017-12-2271MOTION For Indicative Ruling filed by Vinton P. Frost. Responses due by 1/5/2018. Replies due by 1/12/2018. (msrS, COURT STAFF) (Filed on 12/22/2017) (Entered: 12/22/2017)
2017-12-2672ORDER by Judge Joseph C. Spero denying 71 Motion for Indicative Ruling. (jcslc1S, COURT STAFF) (Filed on 12/26/2017) (Additional attachment(s) added on 12/27/2017: # 1 Certificate/Proof of Service) (klhS, COURT STAFF). (Entered: 12/26/2017)
2018-01-0873SECOND MOTION to Modify Schedule filed by Vinton P. Frost. Responses due by 1/22/2018. Replies due by 1/29/2018. (gbaS, COURT STAFF) (Filed on 1/8/2018) (Entered: 01/09/2018)
2018-01-0974OPPOSITION/RESPONSE (re 73 MOTION to Modify Schedule ) filed byUnited States Department of Justice. (Attachments: # 1 Certificate/Proof of Service)(Scharf, James) (Filed on 1/9/2018) (Entered: 01/09/2018)
2018-01-1075REPLY (re 73 MOTION to Modify Schedule) filed by Vinton P. Frost. (gbaS, COURT STAFF) (Filed on 1/10/2018) (Entered: 01/10/2018)
2018-01-1176ORDER by Judge Joseph C. Spero denying 73 Motion for extension of deadline to file opposition brief. (jcslc1S, COURT STAFF) (Filed on 1/11/2018) (Additional attachment(s) added on 1/12/2018: # 1 Certificate/Proof of Service) (klhS, COURT STAFF). (Entered: 01/11/2018)
2018-01-1877EMERGENCY MOTION to Protect Plaintiff's Privacy filed by Vinton P. Frost. Responses due by 2/1/2018. Replies due by 2/8/2018. (gbaS, COURT STAFF) (Filed on 1/18/2018) (Entered: 01/21/2018)
2018-01-1878NOTICE of need to correct docket by Vinton P. Frost (gbaS, COURT STAFF) (Filed on 1/18/2018) (Entered: 01/21/2018)
2018-01-2279OPPOSITION/RESPONSE (re 77 MOTION to Protect Plaintiff's Privacy ) filed byUnited States Department of Justice. (Scharf, James) (Filed on 1/22/2018) (Entered: 01/22/2018)
2018-01-2280CERTIFICATE OF SERVICE by United States Department of Justice re 79 Opposition/Response to Motion (Scharf, James) (Filed on 1/22/2018) (Entered: 01/22/2018)
2018-01-2381MOTION to Remove Incorrectly Filed Document (Dkt. No. 65-1) filed by United States Department of Justice. (Attachments: # 1 Certificate/Proof of Service)(Scharf, James) (Filed on 1/23/2018) (Entered: 01/23/2018)
2018-01-2382Declaration of Daniel R. Castellano (with redactions) in Support of 65 MOTION for Summary Judgment filed byUnited States Department of Justice. (Attachments: # 1 Certificate/Proof of Service)(Related document(s) 65 ) (Scharf, James) (Filed on 1/23/2018) (Entered: 01/23/2018)
2018-01-2583REPLY to ( 77 MOTION to Protect Plaintiff's Privacy) filed by Vinton P. Frost. (gbaS, COURT STAFF) (Filed on 1/25/2018) (Entered: 01/25/2018)
2018-02-0284OPPOSITION to ( 65 MOTION for Summary Judgment) and Cross-Motion Under Rule 56(d) to defer or Deny, and to Order Discovery Motion filed by Vinton P. Frost. (gbaS, COURT STAFF) (Filed on 2/2/2018) (Entered: 02/07/2018)
2018-02-0284CROSS-MOTION Under Rule 56(d) to Defer or Deny, and to Order Discovery Motion filed by Vinton P. Frost. Responses due by 2/16/2018. Replies due by 2/23/2018. (gbaS, COURT STAFF) (Filed on 2/2/2018) (Entered: 02/08/2018)
2018-02-1285ORDER by Judge Joseph C. Spero GRANTING 81 MOTION TO REMOVE INCORRECTLY FILED DOCUMENT AND DENYING 77 EMERGENCY MOTION. (jcslc1S, COURT STAFF) (Filed on 2/12/2018) (Additional attachment(s) added on 2/12/2018: # 1 Certificate/Proof of Service) (klhS, COURT STAFF). (Entered: 02/12/2018)
2018-02-1386MOTION for Permission to add supplemental complaint regarding antitrust for a request appeal; supplemental complaint. Responses due by 2/27/2018. Replies due by 3/6/2018. (gbaS, COURT STAFF) (Filed on 2/13/2018) (Entered: 02/14/2018)
2018-02-1587ORDER by Judge Joseph C. Spero denying 86 Motion for Leave to File Supplemental Complaint. (jcslc1, COURT STAFF) (Filed on 2/15/2018) (Additional attachment(s) added on 2/16/2018: # 1 Certificate/Proof of Service) (klhS, COURT STAFF). (Entered: 02/15/2018)
2018-02-2188MOTION for Clarification filed by Vinton P. Frost. Responses due by 3/7/2018. Replies due by 3/14/2018. (gbaS, COURT STAFF) (Filed on 2/21/2018) (Entered: 02/21/2018)
2018-02-2189MOTION for Defendant's Certification filed by Vinton P. Frost. Responses due by 3/7/2018. Replies due by 3/14/2018. (gbaS, COURT STAFF) (Filed on 2/21/2018) (Entered: 02/21/2018)
2018-02-2290ORDER by Judge Joseph C. Spero granting 88 Motion for clarification. (jcslc1S, COURT STAFF) (Filed on 2/22/2018) (Additional attachment(s) added on 2/23/2018: # 1 Certificate/Proof of Service) (klhS, COURT STAFF). (Entered: 02/22/2018)
2018-02-2691MOTION to Allow Video Recording in the Courtroom filed by Vinton P. Frost. Responses due by 3/12/2018. Replies due by 3/19/2018. (Attachments: # 1 Envelope) (gbaS, COURT STAFF) (Filed on 2/26/2018) (Entered: 02/27/2018)
2018-02-2892OPPOSITION/RESPONSE (re 84 MOTION Under Rule 56(d) to Defer or Deny, and to Order Discovery Motion ) Defendant filed byUnited States Department of Justice. (Attachments: # 1 Certificate/Proof of Service)(Scharf, James) (Filed on 2/28/2018) (Entered: 02/28/2018)
2018-03-0193ORDER, signed 3/1/18, by Chief Magistrate Judge Joseph C. Spero denying 91 Motion to Allow Video Recording in the Courtroom. (Attachments: # 1 Certificate/Proof of Service)(klhS, COURT STAFF) (Filed on 3/1/2018) (Entered: 03/01/2018)
2018-03-1694REPLY to ( 84 MOTION Under Rule 56(d) to Defer or Deny, and to Order Discovery Motion, 89 MOTION for Defendant's Certification, 65 MOTION for Summary Judgment) filed by Vinton P. Frost. (gbaS, COURT STAFF) (Filed on 3/16/2018) (Entered: 03/19/2018)
2018-04-0495ORDER by Judge Joseph C. Spero granting in part Defendant's Motion for Summary Judgment, denying in part Plaintiff's Motion for summary judgment, denying Plaintiff's Motion for Defendant's Certification and holding in abeyance the question of whether the FBI conducted an adequate search for responsive records to allow Defendant to supplement the record. Defendant shall supply a supplemental declaration no later than May 18, 2018. Plaintiff may file a responsive brief no later than June 8, 2018. Should the Court determine that a hearing is necessary it will notify the parties. (jcslc1S, COURT STAFF) (Filed on 4/4/2018) (Additional attachment(s) added on 4/4/2018: # 1 Certificate/Proof of Service) (klhS, COURT STAFF). (Entered: 04/04/2018)
2018-04-0696NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Vinton P. Frost. Appeal of Order on Motion for Summary Judgment 95 (Filing Fee IFP). ***18-15595*** (gbaS, COURT STAFF) (Filed on 4/6/2018) Modified on 4/11/2018 (gbaS, COURT STAFF). (Entered: 04/06/2018)
2018-04-1197USCA Case Number 18-15595 for 96 Notice of Appeal filed by Vinton P. Frost. (gbaS, COURT STAFF) (Filed on 4/11/2018) (Entered: 04/11/2018)
2018-04-1798MOTION to Strike Defendant's Improper Filing From the Records filed by Vinton P. Frost. Motion Hearing set for 5/25/2018 09:00 AM in San Francisco, Courtroom G, 15th Floor before Magistrate Judge Joseph C. Spero. Responses due by 5/1/2018. Replies due by 5/8/2018. (msrS, COURT STAFF) (Filed on 4/17/2018) (Entered: 04/18/2018)
2018-04-1899Declaration of Vinton Frost in Support of 98 MOTION to Strike 66 Declaration in Support, filed by Vinton P. Frost. (Related document(s) 98 ) (gbaS, COURT STAFF) (Filed on 4/18/2018) (Entered: 04/19/2018)
2018-04-25100OPPOSITION/RESPONSE (re 98 MOTION to Strike 66 Declaration in Support, ) filed byUnited States Department of Justice. (Attachments: # 1 Certificate/Proof of Service)(Scharf, James) (Filed on 4/25/2018) (Entered: 04/25/2018)
2018-04-30101REPLY (re 98 MOTION to Strike 66 Declaration in Support) filed by Vinton P. Frost. (gbaS, COURT STAFF) (Filed on 4/30/2018) (Entered: 05/01/2018)
2018-05-02102Request for Supplemental Response to Motion to Strike to be filed by May 11, 2018. Signed by Judge Joseph C. Spero on May 2, 2018. (jcslc1S, COURT STAFF) (Filed on 5/2/2018) (Additional attachment(s) added on 5/2/2018: # 1 Certificate/Proof of Service) (klhS, COURT STAFF). (Entered: 05/02/2018)
2018-05-03103OPPOSITION/RESPONSE (re 98 MOTION to Strike 66 Declaration in Support, ) Federal Defendant's Supplemental Response filed byUnited States Department of Justice. (Attachments: # 1 Certificate/Proof of Service)(Scharf, James) (Filed on 5/3/2018) (Entered: 05/03/2018)
2018-05-04104ORDER by Judge Joseph C. Spero DENYING REQUEST TO RECONSIDER COURTS PRIOR RULING AND PROVISIONALLY PLACING DOCKET NO. 66-1 UNDER SEAL (jcslc1S, COURT STAFF) (Filed on 5/4/2018) (Additional attachment(s) added on 5/4/2018: # 1 Certificate/Proof of Service) (klhS, COURT STAFF). (Entered: 05/04/2018)
2018-05-07105NOTICE (Plaintiff's Question for Court) by Vinton P. Frost (gbaS, COURT STAFF) (Filed on 5/7/2018) (Entered: 05/07/2018)
2018-05-15106ERRONEOUS ENTRY, PLEASE DISREGARD. PLEASE SEE DOCKET NO. 107 *** Declaration of David M. Hardy in Support of 95 Order on Motion for Summary Judgment, Order on Motion for Miscellaneous Relief filed by United States Department of Justice. (Attachments: # 1 Certificate/Proof of Service)(Related document(s) 95 ) (Scharf, James) (Filed on 5/15/2018) Modified on 5/15/2018 (gbaS, COURT STAFF). (Entered: 05/15/2018)
2018-05-15107Declaration of David M. Hardy in Support of 95 Order on Motion for Summary Judgment,,,, Order on Motion for Miscellaneous Relief,,,,,,, filed byUnited States Department of Justice. (Attachments: # 1 Certificate/Proof of Service)(Related document(s) 95 ) (Scharf, James) (Filed on 5/15/2018) (Entered: 05/15/2018)
2018-05-16108Request for Judicial Notice filed byUnited States Department of Justice. (Attachments: # 1 Attachment, # 2 Certificate/Proof of Service)(Scharf, James) (Filed on 5/16/2018) (Entered: 05/16/2018)
2018-05-21109OBJECTION to Mr. Hardy's Supplemental Declaration by Vinton P. Frost. (gbaS, COURT STAFF) (Filed on 5/21/2018) (Entered: 05/21/2018)
2018-05-21110OBJECTION to Federal Defendants' Request for Judicial Notice by Vinton P. Frost. (gbaS, COURT STAFF) (Filed on 5/21/2018) (Entered: 05/21/2018)
2018-05-23111MOTION to Transfer Case ; filed by Vinton P. Frost. Responses due by 6/6/2018. Replies due by 6/13/2018. (aaaS, COURT STAFF) (Filed on 5/23/2018) (Entered: 05/23/2018)
2018-05-29112OPPOSITION/RESPONSE (re 111 MOTION to Transfer Case ) filed byUnited States Department of Justice. (Attachments: # 1 Certificate/Proof of Service)(Scharf, James) (Filed on 5/29/2018) (Entered: 05/29/2018)
2018-06-04113ORDER by Judge Joseph C. Spero denying 111 Motion to Transfer Case. (jcslc1S, COURT STAFF) (Filed on 6/4/2018) (Additional attachment(s) added on 6/4/2018: # 1 Certificate/Proof of Service) (klhS, COURT STAFF). (Entered: 06/04/2018)
2018-08-14114MOTION for Administrative Relief filed by Vinton P. Frost. Responses due by 8/28/2018. Replies due by 9/4/2018. (gbaS, COURT STAFF) (Filed on 8/14/2018) (Entered: 08/15/2018)
2018-08-16115ORDER by Judge Joseph C. Spero denying 114 Motion for Entry of Judgment. (jcslc1S, COURT STAFF) (Filed on 8/16/2018) (Additional attachment(s) added on 8/16/2018: # 1 Certificate/Proof of Service) (klhS, COURT STAFF). (Entered: 08/16/2018)
2018-09-18116ORDER of USCA as to 96 Notice of Appeal, filed by Vinton P. Frost. (gbaS, COURT STAFF) (Filed on 9/18/2018) (Entered: 09/18/2018)
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