Skip to content

Case Detail

[Subscribe to updates]
Case TitleSierra Club v. U.S. Department of Homeland Security et al
DistrictNorthern District of California
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
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
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 Standing orders can be downloaded from the court's web page at 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)
Hide Docket Events
by FOIA Project Staff