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Case TitleThe Center for Investigative Reporting (CIR) v. Department of Homeland Security
DistrictNorthern District of California
CityOakland
Case Number4:2018cv02711
Date Filed2018-05-08
Date ClosedOpen
JudgeMagistrate Judge Donna M. Ryu
PlaintiffThe Center for Investigative Reporting
PlaintiffPatrick Michels
Case DescriptionPatrick Michaels, a reporter for the radio broadcast Reveal, which is produced by the Center for Investigative Reporting, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning Enforcement and Removal Operations 2.0. CIR also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, CIR filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDepartment of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-05-081COMPLAINT against Department of Homeland Security ( Filing fee $ 400, receipt number 0971-12335985.). Filed byThe Center for Investigative Reporting (CIR). (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Civil Cover Sheet, # 6 Summons)(Baranetsky, Diana) (Filed on 5/8/2018) (Entered: 05/08/2018)
2018-05-082Certificate of Interested Entities by The Center for Investigative Reporting (CIR) (Baranetsky, Diana) (Filed on 5/8/2018) (Entered: 05/08/2018)
2018-05-09Electronic filing error . Incorrect event used. [err101] The correct event is Proposed Summons. the summons should not be filed as an attachment to the complaint. Please re-file t he summons in its entirety. Re:[1-6] Summons, filed by The Center for Investigative Reporting (CIR) (jmlS, COURT STAFF) (Filed on 5/9/2018) (Entered: 05/09/2018)
2018-05-093Case assigned to Magistrate Judge Donna M. Ryu. 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 5/23/2018. (jmlS, COURT STAFF) (Filed on 5/9/2018) (Entered: 05/09/2018)
2018-05-094Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/8/2018. Initial Case Management Conference set for 8/15/2018 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jjbS, COURT STAFF) (Filed on 5/9/2018) (Entered: 05/09/2018)
2018-05-095Summons Issued as to Department of Homeland Security. (jjbS, COURT STAFF) (Filed on 5/9/2018) (Entered: 05/09/2018)
2018-05-096Proposed Summons. (Baranetsky, Diana) (Filed on 5/9/2018) (Entered: 05/09/2018)
2018-05-097CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by The Center for Investigative Reporting (CIR).. (Baranetsky, Diana) (Filed on 5/9/2018) (Entered: 05/09/2018)
2018-05-098CERTIFICATE OF SERVICE by The Center for Investigative Reporting (CIR) (Baranetsky, Diana) (Filed on 5/9/2018) (Entered: 05/09/2018)
2018-05-219NOTICE of Appearance by Gioconda R. Molinari (Molinari, Gioconda) (Filed on 5/21/2018) (Entered: 05/21/2018)
2018-05-2310CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Department of Homeland Security.. (Molinari, Gioconda) (Filed on 5/23/2018) (Entered: 05/23/2018)
2018-05-2411STIPULATION to Respond to 1 Complaint filed by Department of Homeland Security, the Center for Investigative Reporting, and Patrick Michels. (Molinari, Gioconda) (Filed on 5/24/2018) Modified on 5/25/2018 (jjbS, COURT STAFF). Modified on 5/25/2018 (jjbS, COURT STAFF). (Entered: 05/24/2018)
2018-06-2512ANSWER to 1 Complaint byDepartment of Homeland Security. (Molinari, Gioconda) (Filed on 6/25/2018) Modified on 6/26/2018 (jjbS, COURT STAFF). (Entered: 06/25/2018)
2018-06-2713STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by Department of Homeland Security, Patrick Michels, and The Center for Investigative Reporting (CIR) (Molinari, Gioconda) (Filed on 6/27/2018) Modified on 6/28/2018 (jjbS, COURT STAFF). (Entered: 06/27/2018)
2018-06-2814Order by Magistrate Judge Donna M. Ryu granting 13 Stipulation to Continue Case Management Conference. Joint Case Management Statement due by 10/24/2018. Initial Case Management Conference set for 10/31/2018 01:30 PM.(dtmS, COURT STAFF) (Filed on 6/28/2018) (Entered: 06/28/2018)
2018-10-0915ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Baranetsky, Diana) (Filed on 10/9/2018) (Entered: 10/09/2018)
2018-10-1016ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Molinari, Gioconda) (Filed on 10/10/2018) (Entered: 10/10/2018)
2018-10-1017STIPULATION WITH PROPOSED ORDER to Contnue Case Management Conference filed by Department of Homeland Security, The Center for Investigative Reporting, and Patrick Michels. (Molinari, Gioconda) (Filed on 10/10/2018) Modified on 10/11/2018 (jjbS, COURT STAFF). (Entered: 10/10/2018)
2018-10-1218ORDER by Magistrate Judge Donna M. Ryu granting 17 Stipulation to continue: Joint Case Management Statement due by 12/12/2018. Initial Case Management Conference continued to 12/19/2018 01:30 PM. (ig, COURT STAFF) (Filed on 10/12/2018) (Entered: 10/12/2018)
2018-12-0619CLERK'S NOTICE: Notice is hereby given to all parties that the Initial Case Management Conference previously set for 12/19/2018 01:30 PM has been rescheduled to 12/19/2018 12:30 PM before Magistrate Judge Donna M. Ryu. The Joint Case Management Statement is due no later than 12/12/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 12/6/2018) (Entered: 12/06/2018)
2018-12-0720STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by Department of Homeland Security, The Center for Investigative Reporting and Patrick Michels. (Molinari, Gioconda) (Filed on 12/7/2018) Modified on 12/10/2018. (jjbS, COURT STAFF). (Entered: 12/07/2018)
2018-12-0721ORDER by Magistrate Judge Donna M. Ryu granting 20 Stipulation to continue: Joint Case Management Statement due by 1/9/2019. Initial Case Management Conference continued to 1/16/2019 01:30 PM. (ig, COURT STAFF) (Filed on 12/7/2018) (Entered: 12/07/2018)
2019-01-0422STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by Department of Homeland Security and The Center for Investigative Reporting, and Patrick Michels. (Molinari, Gioconda) (Filed on 1/4/2019) Modified on 1/7/2019 (jjbS, COURT STAFF). (Entered: 01/04/2019)
2019-01-0723ORDER by Magistrate Judge Donna M. Ryu granting 22 Stipulation: The 1/16/2019 initial case management conference and 1/9/2019 deadline to file a joint case management statement are stayed and shall be continued until a date after the shutdown of the federal government has ended and relevant federal appropriations have been restored. Parties to advise the Court via stipulation of the earliest post-shutdown hearing date when all counsel are available to attend an initial case management conference. (ig, COURT STAFF) (Filed on 1/7/2019) (Entered: 01/07/2019)
2019-02-1524ORDER: The stay of this matter is hereby lifted. By 2/22/2019, the parties shall submit a stipulation regarding a new case management schedule. Signed by Magistrate Judge Donna M. Ryu on 2/15/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc3S, COURT STAFF) (Filed on 2/15/2019) (Entered: 02/15/2019)
2019-02-2225STIPULATION WITH PROPOSED ORDER re Case Management Conference; [Proposed] Order filed by Department of Homeland Security, Patrick Michels, and The Center for Investigative Reporting. (Molinari, Gioconda) (Filed on 2/22/2019) Modified on 2/25/2019 (jjbS, COURT STAFF). (Entered: 02/22/2019)
2019-02-2526ORDER (AS MODIFIED) by Magistrate Judge Donna M. Ryu granting 25 Stipulation re: Initial Case Management Conference: Joint Case Management Statement due by 3/27/2019. Initial Case Management Conference set for 4/3/2019 01:30 PM. (ig, COURT STAFF) (Filed on 2/25/2019) (Entered: 02/25/2019)
2019-03-2727JOINT CASE MANAGEMENT STATEMENT filed by Department of Homeland Security and the Center of Investigative Reporting. (Molinari, Gioconda) (Filed on 3/27/2019) Modified on 3/28/2019 (ajsS, COURT STAFF). (Entered: 03/27/2019)
2019-04-0328PDF with attached Audio File. Court Date & Time [ 4/3/2019 1:44:30 PM ]. File Size [ 6896 KB ]. Run Time [ 00:14:22 ]. (courtspeak). (Entered: 04/03/2019)
2019-04-0329Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Initial Case Management Conference held on 4/3/2019. Deadline to seek leave to amend the pleadings to add new parties, claims and defenses is 6/3/2019.By 4/30/2019, Defendant shall provide a complete Vaughn index. Within 2 weeks, the parties shall meet and confer regarding the contents of the Vaughn index to resolve disputes and identify those disputes which require adjudication. Updated Joint Case Management Statement due by 6/12/2019. Further Case Management Conference set for 6/19/2019 01:30 PM in Oakland, Courtroom 4, 3rd Floor.FTR Time: 1:44-1:58. Attachment: Civil Conferece Minute Order. (ig, COURT STAFF) (Date Filed: 4/3/2019) (Entered: 04/05/2019)
2019-06-1230STIPULATION WITH PROPOSED ORDER RE: Case Management Dates filed by Department of Homeland Security, The Center for Investigative Reporting and Patrick Michels. (Molinari, Gioconda) (Filed on 6/12/2019) Modified on 6/13/2019 (jmlS, COURT STAFF). (Entered: 06/12/2019)
2019-06-1431ORDER (AS MODIFIED) by Magistrate Judge Donna M. Ryu granting 30 Stipulation taking 6/19/2019 Further Case Management Conference off calendar. Status Report due by 7/24/2019. (ig, COURT STAFF) (Filed on 6/14/2019) (Entered: 06/14/2019)
2019-07-2432JOINT STATUS REPORT by Department of Homeland Security and The Center for Investigative Reporting. (Molinari, Gioconda) (Filed on 7/24/2019) Modified on 7/25/2019 (ajsS, COURT STAFF). (Entered: 07/24/2019)
2019-07-2633ORDER: The court has reviewed the parties' joint status report 32 . The parties shall file a proposed briefing schedule for Defendant's motion for summary judgment by July 31, 2019. Signed by Magistrate Judge Donna M. Ryu on 7/26/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc3, COURT STAFF) (Filed on 7/26/2019) (Entered: 07/26/2019)
2019-07-3134STIPULATION WITH PROPOSED ORDER RE: MOTIONS FOR SUMMARY JUDGMENT BRIEFING SCHEDULE filed by Department of Homeland Security and The Cener for Investigative Reporting. (Molinari, Gioconda) (Filed on 7/31/2019) Modified on 8/1/2019 (ajsS, COURT STAFF). (Entered: 07/31/2019)
2019-08-0535Order [AS MODIFIED] by Magistrate Judge Donna M. Ryu granting 34 Stipulation for Briefing Schedule on Cross-Motions for Summary Judgment. (dmrlc3, COURT STAFF) (Filed on 8/5/2019) (Entered: 08/05/2019)
2019-08-1336ADMINISTRATIVE MOTION Stay of Proceeding filed by Department of Homeland Security. Responses due by 8/19/2019. (Molinari, Gioconda) (Filed on 8/13/2019) (Entered: 08/13/2019)
2019-08-1337Declaration of Gioconda Molinari in Support of 36 ADMINISTRATIVE MOTION Stay of Proceeding filed byDepartment of Homeland Security. (Related document(s) 36 ) (Molinari, Gioconda) (Filed on 8/13/2019) (Entered: 08/13/2019)
2019-08-2338ORDER: The court has reviewed Defendants' administrative motion to stay 36 . Plaintiffs shall file either an opposition or a notice of non-opposition to the motion by no later than August 26, 2019. Signed by Magistrate Judge Donna M. Ryu on 8/23/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc3, COURT STAFF) (Filed on 8/23/2019) (Entered: 08/23/2019)
2019-08-2639OPPOSITION/RESPONSE (re 36 ADMINISTRATIVE MOTION Stay of Proceeding ) filed byPatrick Michels, The Center for Investigative Reporting. (Baranetsky, Diana) (Filed on 8/26/2019) (Entered: 08/26/2019)
2019-09-2540STIPULATION WITH PROPOSED ORDER re Briefing Schedule for Motions for Summary Judgement - Civ. L.R. 7-12 filed by Department of Homeland Security, The Center for Investigative Reporting and Patrick Michels. (Molinari, Gioconda) (Filed on 9/25/2019) Modified on 9/26/2019 (jmlS, COURT STAFF). (Entered: 09/25/2019)
2019-09-2541Order by Magistrate Judge Donna M. Ryu denying 36 Administrative Motion to Stay. (dmrlc3, COURT STAFF) (Filed on 9/25/2019) (Entered: 09/25/2019)
2019-09-2642Order by Magistrate Judge Donna M. Ryu granting 40 Stipulation to Modify Briefing Schedule. (dmrlc3, COURT STAFF) (Filed on 9/26/2019) (Entered: 09/26/2019)
2019-10-0943STIPULATION WITH PROPOSED ORDER re Settlement and Dismissal of FOIA Claims with Prejudice with the Exception of Attorney's Fees filed by Department of Homeland Security and The Center for Investigative Reporting. (Molinari, Gioconda) (Filed on 10/9/2019) Modified on 10/10/2019 (jmlS, COURT STAFF). (Entered: 10/09/2019)
2019-10-1144Order AS MODIFIED by Magistrate Judge Donna M. Ryu granting 43 Stipulation for Partial Dismissal. The parties shall file a status report in 30 days. (dmrlc3, COURT STAFF) (Filed on 10/11/2019) (Entered: 10/11/2019)
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