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Case TitleMuddy Waters, LLC v. U.S. Department of Homeland Security et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2018cv00398
Date Filed2018-01-18
Date ClosedOpen
JudgeMagistrate Judge Joseph C. Spero
PlaintiffMuddy Waters, LLC a Nevada limited liability company
Case DescriptionMuddy Waters, LLC submitted FOIA requests to the Department of Homeland Security and U.S. Customs and Border Protection for records concerning Rapiscan or S2 Global in regard to a contract awarded to Rapiscan to scan all cargo entering the Port of San Juan, Puerto Rico. Muddy Waters indicated it was willing to pay fees up to $500. The agencies acknowledged receipt of the requests and CBP closed its request as duplicative. However, after hearing nothing further from the agency, Muddy Water filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. Department of Homeland Security
DefendantU.S. Customs and Border Protection
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-01-181COMPLAINT for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. § 552 et seq. against All Defendants (Filing fee $ 400.00, receipt number 0971-12034281.). Filed by Muddy Waters, LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet) (Burke, Thomas) (Filed on 1/18/2018) Modified on 1/19/2018 (gbaS, COURT STAFF). (Entered: 01/18/2018)
2018-01-182Case assigned to Magistrate Judge Joseph C. Spero. 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 2/1/2018. (haS, COURT STAFF) (Filed on 1/18/2018) (Entered: 01/18/2018)
2018-01-183Proposed Summons. (Burke, Thomas) (Filed on 1/18/2018) (Entered: 01/18/2018)
2018-01-194Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/20/2018. Initial Case Management Conference set for 4/27/2018 02:00 PM in San Francisco, Courtroom G, 15th Floor. (gbaS, COURT STAFF) (Filed on 1/19/2018) (Entered: 01/19/2018)
2018-01-195Summons Issued as to U.S. Customs and Border Protection, U.S. Department of Homeland Security., U.S. Attorney and U.S. Attorney General. (gbaS, COURT STAFF) (Filed on 1/19/2018) (Entered: 01/19/2018)
2018-02-056CLERK'S NOTICE Re: Consent or Declination: Plaintiffs 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: (Party/parties were also notified via telephone or email.) Consent/Declination due by 2/20/2018. (klhS, COURT STAFF) (Filed on 2/5/2018) (Entered: 02/05/2018)
2018-02-067CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Muddy Waters, LLC.. (Burke, Thomas) (Filed on 2/6/2018) (Entered: 02/06/2018)
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by FOIA Project Staff