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Case TitleLawrence P. Kalbers v. U.S. Department of Justice
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2018cv08439
Date Filed2018-10-01
Date ClosedOpen
JudgeJudge Fernando M. Olguin
PlaintiffLawrence P. Kalbers
Case DescriptionLawrence Kalbers, a professor of accounting ethics at Loyola Marymount University, submitted a FOIA request to the Department of Justice for records concerning the plea agreement in U.S. v. Volkswagen. The agency denied Kalbers' request, claiming Exemption 7(A) (ongoing investigation or proceeding). Kalbers filed an administrative appeal, but after hearing nothing further from the agency, Kalber filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantUS Department of Justice
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-10-011COMPLAINT Receipt No: 0973-22508707 - Fee: $400, filed by Plaintiff Lawrence P kalbers. (Attorney Daniel S Jacobs added to party Lawrence P kalbers(pty:pla))(Jacobs, Daniel) (Entered: 10/01/2018)
2018-10-012CIVIL COVER SHEET filed by Plaintiff Lawrence P kalbers. (Jacobs, Daniel) (Entered: 10/01/2018)
2018-10-013Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 , Civil Cover Sheet (CV-71) 2 filed by Plaintiff Lawrence P kalbers. (Jacobs, Daniel) (Entered: 10/01/2018)
2018-10-024Request for Clerk to Issue Summons on Summons Request 3 filed by Plaintiff Lawrence P kalbers. (Jacobs, Daniel) (Entered: 10/02/2018)
2018-10-025NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge John E. McDermott. (Attachments: # 1 CV-11C) (esa) (Entered: 10/02/2018)
2018-10-02630 DAY Summons issued re Complaint 1 as to defendant US Department of Justice. (esa) (Entered: 10/02/2018)
2018-10-027NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (esa) (Entered: 10/02/2018)
2018-10-038NOTICE Notice of Interested Parties filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 10/03/2018)
2018-10-189REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (san) (Entered: 10/18/2018)
2018-10-2210PROOF OF SERVICE Executed Lawrence P. Kalbers, upon Defendant US Department of Justice served on 10/4/2018, answer due 11/5/2018. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to G. Ortega. Executed upon the Attorney Generals Office of the United States by delivering a copy to Emily Sase. Executed upon the officer agency or corporation by delivering a copy to Emily Sase. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. Service under Rule 4(i)(1)(A)(ii) and 4(i)(1)(B) (Attachments: # 1 Exhibit)(Jacobs, Daniel) (Entered: 10/22/2018)
2018-10-2411STIPULATION Extending Time to Answer the complaint as to US Department of Justice answer now due 11/20/2018, re Complaint (Attorney Civil Case Opening) 1 filed by Defendant US Department of Justice.(Attorney Alarice M Medrano added to party US Department of Justice(pty:dft))(Medrano, Alarice) (Entered: 10/24/2018)
2018-11-1412NOTICE Consent to Magistrate Judge (CV-11C) filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 11/14/2018)
2018-11-2013DECLINED STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Defendant US Department of Justice. (Medrano, Alarice) (Entered: 11/20/2018)
2018-11-2014ANSWER to Complaint (Attorney Civil Case Opening) 1 filed by Defendant US Department of Justice.(Medrano, Alarice) (Entered: 11/20/2018)
2018-11-2115NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge John E. McDermott to Judge Fernando M. Olguin for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Patrick J. Walsh. The case number will now reflect the initials of the transferee Judges 2:18-cv-08439 FMO(PJWx). (rn) (Entered: 11/21/2018)
2018-11-2916TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY (Entered: 11/29/2018)
2018-11-2917ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando M. Olguin. Scheduling Conference set for 1/24/2019 at 10:00 AM before Judge Fernando M. Olguin. (vdr) (Entered: 11/29/2018)
2018-12-2718EX PARTE APPLICATION to Stay Case pending The Lapse of Appropiations filed by Defendant US Department of Justice. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Medrano, Alarice) (Entered: 12/27/2018)
2018-12-2819ORDER GRANTING EX PARTE APPLICATION 18 STAYING CASE by Judge Fernando M. Olguin. (vdr) (Entered: 12/28/2018)
2019-02-0720SCHEDULING NOTICE by Magistrate Judge Patrick J. Walsh - Telephonic Discovery Conference set for 2/8/2019 at 11:00 AM before Magistrate Judge Patrick J. Walsh. Call-in information will be emailed to Counsel. Counsel shall call in at 10:55 AM.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (im) TEXT ONLY ENTRY (Entered: 02/07/2019)
2019-02-0821MINUTES OF Telephonic Conference Re Discovery Hearing held before Magistrate Judge Patrick J. Walsh. The case is called and appearances are made. The issue before the Court is whether Plaintiff is entitled to take discovery in this FOIA action before Defendant files its motion for summary judgment. As a general rule, discovery is not permitted in FOIA cases. See Lane v. Dep't of Interior, 523 F.3d 1128, 1134 (9th Cir. 2008); Lawyers' Comm. for Civil Rights of S.F. Bay Area v. United States Dep't of the Treasury, 534 F. Supp. 2d 1126, 1131 (N.D. Cal. 2008) (noting district courts typically decide FOIA actions on summary judgment without discovery). There is nothing before the Court to suggest that this case is exceptional. As such, Plaintiff's request to conduct discovery prior to the summary judgment motion is denied. Court Recorder: CS 02/08/19. (sbou) (Additional attachment(s) added on 2/8/2019: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4, # 5 Attachment 5) # 6 Attachment 6) (sbou). (Entered: 02/08/2019)
2019-02-1022COMPACT DISC Order filed by Plaintiff Lawrence P. Kalbers. Court will contact Daniel Jacobs at AttorneyJacobs@twc.com with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: 2/8/19. FEE PAID. (Jacobs, Daniel) (Entered: 02/10/2019)
2019-02-1223TRANSCRIPT ORDER as to Defendant US Department of Justice DCN number: R19CACA0487 for Court Smart (CS). (Medrano, Alarice) (Entered: 02/12/2019)
2019-02-1824TRANSCRIPT for proceedings held on 2/08/2019, 10:59 a.m. Court Reporter/Electronic Court Recorder: JAMS CERTIFIED TRANSCRIPTION, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/11/2019. Redacted Transcript Deadline set for 3/21/2019. Release of Transcript Restriction set for 5/20/2019. (ls) (Entered: 02/19/2019)
2019-02-1825NOTICE OF FILING TRANSCRIPT filed for proceedings 2/08/2019, 10:59 a.m. re Transcript 24 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ls) TEXT ONLY ENTRY (Entered: 02/19/2019)
2019-02-2226NOTICE OF MOTION for Review of Magistrate Judge's Minute Order on Discovery filed by Plaintiff Lawrence P. Kalbers. (Attachments: # 1 Proposed Order) (Jacobs, Daniel) Modified on 2/25/2019 (vdr). (Entered: 02/22/2019)
2019-02-2227NOTICE OF MOTION AND MOTION for Review of Magistrate Judge's Minute Order on Discovery filed by Plaintiff Lawrence P. Kalbers. Motion set for hearing on 4/4/2019 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Memorandum In Support of Motion for Review of Magistrate Judge's Minute Order on Discovery, # 2 Proposed Order Granting Plaintiff's Motion for Review of Magistrate Judge's Minute Order on Discovery, # 3 Exhibit Plaintiff's First Set of Ten Interrogatories to Defendant, # 4 Exhibit Defendant's Objections to Plaintiff's First Set of Interrogatories) (Jacobs, Daniel) (Entered: 02/22/2019)
2019-02-2228STIPULATION to Reset filed by Plaintiff Lawrence P. Kalbers. (Attachments: # 1 Proposed Order)(Jacobs, Daniel) (Entered: 02/22/2019)
2019-02-2629ORDER RESETTING SCHEDULING CONFERENCE by Judge Fernando M. Olguin. The Scheduling Conference is reset for 4/4/2019. (vdr) (Entered: 02/26/2019)
2019-03-1430Opposition to Plaintiff's Motion for Review of Magistrate Judge's Minute Order on Discovery Opposition re: NOTICE OF MOTION AND MOTION for Review of Magistrate Judge's Minute Order on Discovery 27 filed by Defendant US Department of Justice. (Attachments: # 1 Exhibit A)(Medrano, Alarice) (Entered: 03/14/2019)
2019-03-2131JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 1 or 2 days, filed by Plaintiff Lawrence P. Kalbers.. (Jacobs, Daniel) (Entered: 03/21/2019)
2019-03-2132REPLY In support NOTICE OF MOTION AND MOTION for Review of Magistrate Judge's Minute Order on Discovery 27 filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 03/21/2019)
2019-03-2933TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion for Review 27 is taken off the 4/4/2019 calendar and placed under submission. An order with the court's ruling will issue. The 4/4/2019 Scheduling Conference is also taken off calendar. No appearances are required on 4/4/2019. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY (Entered: 03/29/2019)
2019-04-0134MINUTES (IN CHAMBERS) ORDER RE: MOTION FOR REVIEW 27 by Judge Fernando M. Olguin. The motion is denied. The Magistrate Judge's Order 21 is neither clearly erroneous nor contrary to law. (vdr) (Entered: 04/01/2019)
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