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Case TitleThe Center for Investigative Reporting (CIR) v. Department of Homeland Security
DistrictNorthern District of California
CityOakland
Case Number4:2018cv00044
Date Filed2018-01-03
Date ClosedOpen
JudgeMagistrate Judge Kandis A. Westmore
PlaintiffThe Center for Investigative Reporting
Case DescriptionThe Center for Investigative Reporting submitted a FOIA request to U.S. Customs and Border Protection for records concerning land acquisition at the U.S. border and related real estate costs. CIR also requested expedited processing and a fee waiver. The agency asked CIR to clarify the time frame of its request. CIR did so, but CBP then told CIR that its request was being closed for failure to provide clarification. CIR appealed the decision and the agency remanded the request for processing. CIR also informed CBP that the Department of the Army had disclosed similar records in response to another request. CBP told CIR that it was remanding the request again for processing. However, after hearing nothing further from the agency, CIR filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantDepartment of Homeland Security
DefendantUnited States Department of Homeland Security
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
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Opinion/Order [16]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-01-031COMPLAINT against Department of Homeland Security ( Filing fee $ 400, receipt number 0971-11993405.). Filed byThe Center for Investigative Reporting (CIR). (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Civil Cover Sheet)(Baranetsky, Diana) (Filed on 1/3/2018) (Entered: 01/03/2018)
2018-01-032Proposed Summons. (Baranetsky, Diana) (Filed on 1/3/2018) (Entered: 01/03/2018)
2018-01-033Case 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 1/17/2018. (bwS, COURT STAFF) (Filed on 1/3/2018) (Entered: 01/03/2018)
2018-01-044Summons Issued as to Department of Homeland Security, U.S. Attorney and U.S. Attorney General (jmlS, COURT STAFF) (Filed on 1/4/2018) (Entered: 01/04/2018)
2018-01-045Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/27/2018. Initial Case Management Conference set for 4/3/2018 01:30 PM. (jmlS, COURT STAFF) (Filed on 1/4/2018) (Entered: 01/04/2018)
2018-01-046CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by The Center for Investigative Reporting (CIR).. (Baranetsky, Diana) (Filed on 1/4/2018) (Entered: 01/04/2018)
2018-02-067Certificate of Interested Entities by The Center for Investigative Reporting (CIR) identifying Corporate Parent The Center for Investigative Reporting (CIR) for The Center for Investigative Reporting (CIR). (Baranetsky, Diana) (Filed on 2/6/2018) (Entered: 02/06/2018)
2018-02-068CERTIFICATE OF SERVICE by The Center for Investigative Reporting (CIR) (Baranetsky, Diana) (Filed on 2/6/2018) (Entered: 02/06/2018)
2018-02-079ANSWER to Complaint byUnited States Department of Homeland Security. (Pereda, David) (Filed on 2/7/2018) (Entered: 02/07/2018)
2018-03-0110NOTICE by United States Department of Homeland Security Notice of Unavailability of Counsel (Pereda, David) (Filed on 3/1/2018) (Entered: 03/01/2018)
2018-03-0911NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Pereda, David) (Filed on 3/9/2018) Modified on 3/12/2018 (jmlS, COURT STAFF). (Entered: 03/09/2018)
2018-03-0912ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Baranetsky, Diana) (Filed on 3/9/2018) (Entered: 03/09/2018)
2018-03-0913CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge. 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. Consent/Declination due by 3/23/2018. (sisS, COURT STAFF) (Filed on 3/9/2018) (Entered: 03/09/2018)
2018-03-0914ADR Clerk's Notice Setting ADR Phone Conference on Tuesday, March 27, 2018, at 10:00 AM 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 3/9/2018) (Entered: 03/09/2018)
2018-03-2215STIPULATION WITH PROPOSED ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE filed by The Center for Investigative Reporting (CIR). (Attachments: # 1 Declaration)(Baranetsky, Diana) (Filed on 3/22/2018) Modified on 3/23/2018 (jmlS, COURT STAFF). (Entered: 03/22/2018)
2018-03-2216STIPULATION AND ORDER re 15 . STIPULATION WITH PROPOSED ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE filed by The Center for Investigative Reporting (CIR), United States Department of Homeland Security. Case Management Statement due by 4/10/2018. Initial Case Management Conference set for 4/17/2018 01:30 PM in Oakland, Courtroom 4, 3rd Floor. Signed by Magistrate Judge Kandis A. Westmore on 3/22/18. (sisS, COURT STAFF) (Filed on 3/22/2018) (Entered: 03/23/2018)
2018-03-2317CONSENT to Proceed Before a US Magistrate Judge by United States Department of Homeland Security. (Pereda, David) (Filed on 3/23/2018) Modified on 3/26/2018 (jmlS, COURT STAFF). (Entered: 03/23/2018)
2018-03-2718ADR Remark: ADR Phone Conference held on 3/27/2018 by Tamara Lange. (af, COURT STAFF) (Filed on 3/27/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 03/27/2018)
2018-04-1019JOINT CASE MANAGEMENT STATEMENT filed by The Center for Investigative Reporting (CIR) United States Department of Homeland Security. (Baranetsky, Diana) (Filed on 4/10/2018) Modified on 4/10/2018 (jmlS, COURT STAFF). (Entered: 04/10/2018)
2018-04-1720Minute Entry for proceedings held before Magistrate Judge Kandis A. Westmore: Initial Case Management Conference held on 4/17/2018. Case Management Statement due by 6/5/2018. Further Case Management Conference set for 6/12/2018 01:30 PM in Oakland, Courtroom 4, 3rd Floor.FTR Time: 1:52-2:02. (sisS, COURT STAFF) (Date Filed: 4/17/2018) (Entered: 04/19/2018)
2018-06-0521JOINT CASE MANAGEMENT STATEMENT filed by United States Department of Homeland Security. (Pereda, David) (Filed on 6/5/2018) Modified on 6/6/2018 (jmlS, COURT STAFF). (Entered: 06/05/2018)
2018-06-0622CLERK'S NOTICE- Notice is hereby given that the Case Management Conference, previously set for June 12, 2018, is continued to July 17, 2018, at 1:30 p.m., 1301 Clay Street, Oakland, CA 94612. Case Management Statement due by July 10, 2018. (This is a text only docket entry, there is no document associated with this notice.) (sisS, COURT STAFF) (Filed on 6/6/2018) (Entered: 06/06/2018)
2018-07-1023JOINT CASE MANAGEMENT STATEMENT filed by United States Department of Homeland Security and The Center for Investigative Reporting. (Pereda, David) (Filed on 7/10/2018) Modified on 7/11/2018 (jmlS, COURT STAFF). (Entered: 07/10/2018)
2018-07-1724PDF with attached Audio File. Court Date & Time [ 7/17/2018 1:39:36 PM ]. File Size [ 8856 KB ]. Run Time [ 00:18:27 ]. (courtspeak). (Entered: 07/17/2018)
2018-07-1725Minute Entry for proceedings held before Magistrate Judge Kandis A. Westmore: Further Case Management Conference held on 7/17/2018. Last day to hear Motion for Summary Judgment set for 12/6/2018. Status Report due by 8/9/2018.FTR Time: 1:39-1:58. (sisS, COURT STAFF) (Date Filed: 7/17/2018) (Entered: 07/17/2018)
2018-08-0926STATUS REPORT (JOINT) by United States Department of Homeland Security and The Center for Investigative Reporting. (Pereda, David) (Filed on 8/9/2018) Modified on 8/10/2018 (jmlS, COURT STAFF). (Entered: 08/09/2018)
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by FOIA Project Staff
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