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Case TitleSierra Club v. U.S. Department of Homeland Security et al
DistrictNorthern District of California
CityOakland
Case Number4:2017cv05273
Date Filed2017-09-12
Date ClosedOpen
JudgeMagistrate Judge Kandis A. Westmore
PlaintiffSierra Club
Case DescriptionThe Sierra Club submitted three FOIA requests to the Department of Homeland Security for records concerning the Trump administration's plans to expand or replace the border wall along the U.S.-Mexico border. U.S. Customs and Border Protection told the Sierra Club that it had located responsive records and was withholding some records under Exemption 4 (confidential business information) and Exemption 5 (privileges). The Sierra Club filed an administrative appeal of that decision and its request was remanded for a further search. The agency failed to respond to the Sierra Club's other two requests and the Sierra Club filed an administrative appeal as to those requests. After hearing nothing further from the agency, the Sierra Club filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantU.S. Department of Homeland Security
DefendantU.S. Customs and Border Protection
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Opinion/Order [18]
Opinion/Order [28]
Opinion/Order [32]
Opinion/Order [36]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-09-121COMPLAINT against U.S. Customs and Border Protection, U.S. Department of Homeland Security ( Filing fee $ 400, receipt number 0971-11708843.). Filed bySierra Club. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Civil Cover Sheet)(Darby, Marta) (Filed on 9/12/2017) (Entered: 09/12/2017)
2017-09-122Proposed Summons. (Darby, Marta) (Filed on 9/12/2017) (Entered: 09/12/2017)
2017-09-123Case assigned to Magistrate Judge Kandis A. Westmore. 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 9/26/2017. (cv, COURT STAFF) (Filed on 9/12/2017) (Entered: 09/12/2017)
2017-09-134Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/5/2017. Initial Case Management Conference set for 12/12/2017 01:30 PM in Courtroom 4, 3rd Floor, Oakland. (jmlS, COURT STAFF) (Filed on 9/13/2017) (Entered: 09/13/2017)
2017-09-13Electronic filing error. Only one Summons will be issued in each case. Please list all defendants on one summons, using additional pages if necessary, and re-file in its entirety. Re: 2 Proposed Summons filed by Sierra Club (jmlS, COURT STAFF) (Filed on 9/13/2017) (Entered: 09/13/2017)
2017-09-135Proposed Summons. (Darby, Marta) (Filed on 9/13/2017) (Entered: 09/13/2017)
2017-09-136Summons Issued as to U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Attorney and U.S. Attorney General (jmlS, COURT STAFF) (Filed on 9/13/2017) (Entered: 09/13/2017)
2017-09-157CERTIFICATE OF SERVICE by Sierra Club (Darby, Marta) (Filed on 9/15/2017) (Entered: 09/15/2017)
2017-09-208CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Sierra Club.. (Darby, Marta) (Filed on 9/20/2017) (Entered: 09/20/2017)
2017-10-189ANSWER to Complaint byU.S. Department of Homeland Security. (Pereda, David) (Filed on 10/18/2017) (Entered: 10/18/2017)
2017-10-1910CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by U.S. Department of Homeland Security.. (Pereda, David) (Filed on 10/19/2017) (Entered: 10/19/2017)
2017-11-0111Amended ANSWER to Complaint byU.S. Department of Homeland Security. (Pereda, David) (Filed on 11/1/2017) (Entered: 11/01/2017)
2017-11-0112NOTICE of Appearance by Andrea S Issod (Issod, Andrea) (Filed on 11/1/2017) (Entered: 11/01/2017)
2017-11-0913SUMMONS Returned Executed (FOIA) by Sierra Club. All Defendants. (Darby, Marta) (Filed on 11/9/2017) (Entered: 11/09/2017)
2017-11-2014NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Pereda, David) (Filed on 11/20/2017) (Entered: 11/20/2017)
2017-11-2015ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Darby, Marta) (Filed on 11/20/2017) (Entered: 11/20/2017)
2017-11-2116ADR Clerk's Notice Setting ADR Phone Conference on Thursday, December 7, 2017, at 2:00 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 11/21/2017) (Entered: 11/21/2017)
2017-12-0417STIPULATION WITH PROPOSED ORDER filed by Sierra Club. (Attachments: # 1 Attachment A)(Darby, Marta) (Filed on 12/4/2017) (Entered: 12/04/2017)
2017-12-0518STIPULATION AND ORDER FOR LEAVE TO FILE FIRST AMENDED COMPLAINT re 17 . STIPULATION WITH PROPOSED ORDER filed by Sierra Club. Signed by Magistrate Judge Kandis A. Westmore on 12/5/17. (sisS, COURT STAFF) (Filed on 12/5/2017) (Entered: 12/05/2017)
2017-12-0519JOINT CASE MANAGEMENT STATEMENT filed by U.S. Department of Homeland Security, U.S. Customs and Border Patrol and Sierra Club. (Pereda, David) (Filed on 12/5/2017) Modified on 12/6/2017 (jmlS, COURT STAFF). (Entered: 12/05/2017)
2017-12-0720ADR Remark: ADR Phone Conference held on 12/7/2017 by Tamara Lange. (af, COURT STAFF) (Filed on 12/7/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 12/07/2017)
2017-12-0821CLERK'S NOTICE - Case Management Conference will be held in Courtroom 5 on the 2nd floor. (This is a text only docket entry, there is no document associated with this notice.) (sisS, COURT STAFF) (Filed on 12/8/2017) (Entered: 12/08/2017)
2017-12-1222AMENDED COMPLAINT FOR DECLARTORY AND INJUNCTIVE RELIEF against All Defendants. Filed bySierra Club. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H)(Darby, Marta) (Filed on 12/12/2017) (Entered: 12/12/2017)
2017-12-1223Minute Entry for proceedings held before Magistrate Judge Kandis A. Westmore: Initial Case Management Conference held on 12/12/2017. Matter referred to magistrate judge for settlement. Case Management Statement due by 4/17/2018. Further Case Management Conference set for 4/24/2018 01:30 PM in Courtroom 4, 3rd Floor, Oakland.FTR Time: 1:49-1:58. (sisS, COURT STAFF) (Date Filed: 12/12/2017) (Entered: 12/13/2017)
2017-12-13CASE REFERRED to Magistrate Judge Maria-Elena James for Settlement (ahm, COURT STAFF) (Filed on 12/13/2017) (Entered: 12/13/2017)
2017-12-1524Order Setting Settlement Conference before Magistrate Judge: Settlement Conference set for 4/3/2018 at 10:00 a.m. Signed by Magistrate Judge Maria-Elena James on 12/15/2017. (rmm2S, COURT STAFF) (Filed on 12/15/2017) (Entered: 12/15/2017)
2018-01-1125ANSWER to Amended Complaint byU.S. Department of Homeland Security. (Pereda, David) (Filed on 1/11/2018) (Entered: 01/11/2018)
2018-01-2326NOTICE of Substitution of Counsel by Ann Marie Reding (Reding, Ann) (Filed on 1/23/2018) (Entered: 01/23/2018)
2018-03-2727STIPULATION WITH PROPOSED ORDER re 23 Case Management Conference - Initial,, Set Deadlines/Hearings, 24 Order Setting Settlement Conference filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security and Sierra Club. (Reding, Ann) (Filed on 3/27/2018) Modified on 3/28/2018 (jmlS, COURT STAFF). (Entered: 03/27/2018)
2018-03-2928STIPULATION AND ORDER re 27 . STIPULATION WITH PROPOSED ORDER re 23 Case Management Conference - Initial, Set Deadlines/Hearings, 24 Order Setting Settlement Conference filed by U.S. Department of Homeland Security, U.S. Customs and Border Protection, Sierra Club. Settlement conference is vacated. Case Management Statement due by 7/10/2018. Further Case Management Conference set for 7/17/2018 01:30 PM. Signed by Magistrate Judge Kandis A. Westmore on 3/29/18. (sisS, COURT STAFF) (Filed on 3/29/2018) (Entered: 03/29/2018)
2018-06-2829NOTICE of Substitution of Counsel by Julie Bibb Davis (Davis, Julie) (Filed on 6/28/2018) (Entered: 06/28/2018)
2018-07-1030JOINT CASE MANAGEMENT STATEMENT filed by Sierra Club, U.S. Department of Homeland Security and U.S. Customs and Border Protection. (Darby, Marta) (Filed on 7/10/2018) Modified on 7/10/2018 (jmlS, COURT STAFF). (Entered: 07/10/2018)
2018-07-1031STIPULATION WITH PROPOSED ORDER re 28 Stipulation and Order,,, Set Deadlines/Hearings,,, Terminate Hearings,, filed by Sierra Club, U.S. Department of Homeland Security and U.S. Customs and Border Protection. (Darby, Marta) (Filed on 7/10/2018) Modified on 7/10/2018 (jmlS, COURT STAFF). (Entered: 07/10/2018)
2018-07-1632STIPULATION AND ORDER re 31 . STIPULATION WITH PROPOSED ORDER re 28 Stipulation and Order. Set Deadlines/Hearings, Terminate Hearings. filed by U.S. Department of Homeland Security, U.S. Customs and Border Protection, Sierra Club. Case Management Statement due by 8/14/2018. Further Case Management Conference set for 8/21/2018 01:30 PM in Oakland, Courtroom 4, 3rd Floor. Signed by Magistrate Judge Kandis A. Westmore on 7/16/18. (sisS, COURT STAFF) (Filed on 7/16/2018) (Entered: 07/16/2018)
2018-08-0733MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12574919.) filed by Sierra Club. (Attachments: # 1 Joshua Smith - Certificate of Good Standing Oregon State Bar)(Smith, Joshua) (Filed on 8/7/2018) (Entered: 08/07/2018)
2018-08-0834ORDER by Magistrate Judge Kandis A. Westmore granting 33 Motion for Pro Hac Vice for Joshua Smith. (sisS, COURT STAFF) (Filed on 8/8/2018) (Entered: 08/08/2018)
2018-08-1335STIPULATION WITH PROPOSED ORDER re 32 Stipulation and Order,,, Set Deadlines/Hearings,, filed by Sierra Club, U.S. Department of Homeland Security and U.S. Customs and Border Patrol. (Darby, Marta) (Filed on 8/13/2018) Modified on 8/14/2018 (jmlS, COURT STAFF). (Entered: 08/13/2018)
2018-08-1436STIPULATION AND ORDER re 35 . STIPULATION WITH PROPOSED ORDER re 32 Stipulation and Order, Set Deadlines/Hearings filed by U.S. Department of Homeland Security, U.S. Customs and Border Protection, Sierra Club. Case Management Statement due by 10/9/2018. Further Case Management Conference set for 10/16/2018 01:30 PM in Oakland, Courtroom 4, 3rd Floor. Signed by Magistrate Judge Kandis A. Westmore on 8/14/18. (sisS, COURT STAFF) (Filed on 8/14/2018) (Entered: 08/14/2018)
2018-09-0637CASE REFERRED to Magistrate Judge Thomas S. Hixson for Settlement. (tnS, COURT STAFF) (Filed on 9/6/2018) (Entered: 09/06/2018)
2018-10-0938JOINT CASE MANAGEMENT STATEMENT filed by Sierra Club, U.S. Department of Homeland Security and U.S. Customs and Border Protection. (Darby, Marta) (Filed on 10/9/2018) Modified on 10/10/2018 (jmlS, COURT STAFF). (Entered: 10/09/2018)
2018-10-1639PDF with attached Audio File. Court Date & Time [ 10/16/2018 1:47:28 PM ]. File Size [ 6064 KB ]. Run Time [ 00:12:38 ]. (courtspeak). (Entered: 10/16/2018)
2018-10-1640Minute Entry for proceedings held before Magistrate Judge Kandis A. Westmore: Further Case Management Conference held on 10/16/2018. Case Management Statement due by 1/22/2019. Further Case Management Conference set for 1/29/2019 01:30 PM in Oakland, Courtroom 4, 3rd Floor.FTR Time: 1:47-2:00. (sisS, COURT STAFF) (Date Filed: 10/16/2018) (Entered: 10/17/2018)
2018-10-2341CLERK'S NOTICE Scheduling a Pre-Telephonic Settlement Conference call: This case has been referred for a Settlement Conference before Magistrate Judge Thomas S. Hixson. A Telephonic conference is scheduled for Tuesday, October 30, 2018 at 2:30 p.m., before Magistrate Judge Thomas S. Hixson. Counsel shall be prepared to discuss the current status of this case, as well as schedule a Settlement Conference date. Counsel shall call into the following phone number: 1-888-684-8852/Passcode: 2925506 If any questions please contact the Courtroom Deputy, Rose Maher, by phone: 415-522-4708 or by email: Rose_Maher@cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Filed on 10/23/2018) (Entered: 10/23/2018)
2018-10-23Set/Reset Hearing re 41 Clerk's Notice: Telephone Conference set for 10/30/2018 02:30 PM before Magistrate Judge Thomas S. Hixson. (rmm2S, COURT STAFF) (Filed on 10/23/2018) (Entered: 10/23/2018)
2018-10-3042Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Pre-Telephonic Settlement Conference call held on 10/30/2018. FTR Time: Not Reported Total Time: 16 minutes Plaintiff's Attorney: Marta Darby, Esq., appearing by telephone. Defendant's Attorney: Julie Bibb Davis, AUSA, appearing by telephone Proceedings: Pre-Telephonic Settlement Conference called held. Final telephonic call scheduled for 12/4/2018 at 1:30 p.m. Counsel shall call the following phone number: 1-888-684-8852/Passcode: 2925506. Settlement Conference scheduled for 1/11/2019 at 10:00 a.m., in Courtroom A, 15th Floor, before Magistrate Judge Thomas S. Hixson. Settlement Conference Statements shall be lodged, with Chambers, seven (7) days prior to the Settlement Conference. Court shall issue a Settlement Conference Order shortly. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Date Filed: 10/30/2018) (Entered: 10/30/2018)
2018-10-30Set/Reset Hearing re 42 Telephone Conference: Pre-Telephone Settlement Conference call set for: 12/4/2018 at 1:30 p.m., in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Thomas S. Hixson. (rmm2S, COURT STAFF) (Filed on 10/30/2018) Modified on 10/30/2018 (rmm2S, COURT STAFF). (Entered: 10/30/2018)
2018-10-30Set/Reset Hearing re 42 Telephone Conference: Final Pre-Telephone Settlement Conference call set for 12/4/2018 01:30 PM before Magistrate Judge Thomas S. Hixson. (rmm2S, COURT STAFF) (Filed on 10/30/2018) (Entered: 10/30/2018)
2018-10-3043Order Setting Settlement Conference before Magistrate Judge : Settlement Conference set for 1/11/2019 10:00 AM in San Francisco, Courtroom A, 15th Floor. Signed by Judge Magistrate Judge Thomas S. Hixson on 10/30/2018. (Attachments: # 1 Standing Order)(rmm2S, COURT STAFF) (Filed on 10/30/2018) (Entered: 10/30/2018)
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