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Case TitleGiffords Law Center to Prevent Gun Violence v. United States Department of Justice et al
DistrictNorthern District of California
CityOakland
Case Number4:2018cv06171
Date Filed2018-10-09
Date Closed2020-07-30
JudgeMagistrate Judge Donna M. Ryu
PlaintiffGiffords Law Center to Prevent Gun Violence
Case DescriptionThe Giffords Law Center to Prevent Gun Violence submitted FOIA requests to the Department of Justice and the Bureau of Alcohol, Tobacco and Firearms for records concerning communications between the agencies and the NRA and other gun-rights organizations. The Giffords Center also requested inclusion in the news media fee category. After hearing nothing further from the agencies, the Giffords Center filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Department of Justice
DefendantBureau of Alcohol, Tobacco, Firearms and Explosives
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-10-091COMPLAINT for Injunctive Relief against All Defendants ( Filing fee $ 400, receipt number 0971-12745469.). Filed byGiffords Law Center to Prevent Gun Violence. (Attachments: # 1 Civil Cover Sheet)(Shearer, Hannah) (Filed on 10/9/2018) (Entered: 10/09/2018)
2018-10-092Proposed Summons. (Shearer, Hannah) (Filed on 10/9/2018) (Entered: 10/09/2018)
2018-10-093Civil Cover Sheet by Giffords Law Center to Prevent Gun Violence (Corrected Civil Cover Sheet) . (Shearer, Hannah) (Filed on 10/9/2018) (Entered: 10/09/2018)
2018-10-094Case 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 10/23/2018. (jmlS, COURT STAFF) (Filed on 10/9/2018) (Entered: 10/09/2018)
2018-10-095Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/9/2019. Initial Case Management Conference set for 1/16/2019 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jjbS, COURT STAFF) (Filed on 10/9/2018) (Entered: 10/10/2018)
2018-10-106Summons Issued as to Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice, U.S. Attorney and U.S. Attorney General (jjbS, COURT STAFF) (Filed on 10/10/2018) (Entered: 10/10/2018)
2018-10-117MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12753803.) filed by Giffords Law Center to Prevent Gun Violence. (Attachments: # 1 Exhibit Certificate of Good Standing)(Shah, Nitin) (Filed on 10/11/2018) (Entered: 10/11/2018)
2018-10-128ORDER by Magistrate Judge Donna M. Ryu granting 7 Nitin Shah's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 10/12/2018) (Entered: 10/12/2018)
2018-10-239SUMMONS Returned Executed (FOIA) by Giffords Law Center to Prevent Gun Violence. Bureau of Alcohol, Tobacco, Firearms and Explosives served on 10/15/2018, answer due 11/14/2018; United States Department of Justice served on 10/15/2018, answer due 11/14/2018. (Attachments: # 1 Declaration)(Shah, Nitin) (Filed on 10/23/2018) (Entered: 10/23/2018)
2018-10-2310CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Giffords Law Center to Prevent Gun Violence.. (Shah, Nitin) (Filed on 10/23/2018) (Entered: 10/23/2018)
2018-11-1411Federal Defendants' ANSWER to 1 Complaint for Injunctive Relief byBureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice. (Wang, Jennifer) (Filed on 11/14/2018) Modified on 11/15/2018 (jjbS, COURT STAFF). (Entered: 11/14/2018)
2018-11-1912CLERK'S NOTICE TO DEFENDANTS 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 12/3/2018. (ig, COURT STAFF) (Filed on 11/19/2018) (Entered: 11/19/2018)
2018-12-0413SECOND CLERK'S NOTICE TO DEFENDANTS 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 12/18/2018. (ig, COURT STAFF) (Filed on 12/4/2018) (Entered: 12/04/2018)
2018-12-0514Amended ANSWER to 1 Complaint byBureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice. (Wang, Jennifer) (Filed on 12/5/2018) Modified on 12/6/2018 (jjbS, COURT STAFF). (Entered: 12/05/2018)
2018-12-1815CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice.. (Wang, Jennifer) (Filed on 12/18/2018) (Entered: 12/18/2018)
2019-01-0216Unopposed ADMINISTRATIVE MOTION to Stay and Continue Case Management Conference filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice. Responses due by 1/7/2019. (Attachments: # 1 Declaration of Jennifer S. Wang, # 2 Proposed Order)(Wang, Jennifer) (Filed on 1/2/2019) Modified on 1/3/2019 (jjbS, COURT STAFF). (Entered: 01/02/2019)
2019-01-0317PLEASE DISREGARD DOCKET ENTRY 17 DUE TO A TYPOGRAPHICAL ERROR AS TO THE YEAR WHEN THE ATTACHED ORDER IS SIGNED. SEE DOCKET ENTRY 18 INSTEAD. ORDER by Magistrate Judge Donna M. Ryu granting 16 Defendants' unopposed Administrative Motion: this case is STAYED and shall be CONTINUED until a date after the shutdown of the federal government has ended and relevant appropriations to the Department of Justice have been restored. The Defendants shall file a request to lift the stay within 2 days of the cessation of the federal government shutdown. Parties shall file a stipulation of the earliest post-shutdown date when all counsel are available to attend a case management conference. (ig, COURT STAFF) (Filed on 1/3/2019) Modified on 1/3/2019 (ig, COURT STAFF). (Entered: 01/03/2019)
2019-01-0318ORDER by Magistrate Judge Donna M. Ryu granting 16 Defendants' unopposed Administrative Motion: this case is STAYED and shall be CONTINUED until a date after the shutdown of the federal government has ended and relevant appropriations to the Department of Justice have been restored. The Defendants shall file a request to lift the stay within 2 days of the cessation of the federal government shutdown. Parties shall file a stipulation of the earliest post-shutdown date when all counsel are available to attend a case management conference. Signed by Magistrate Judge Donna M. Ryu on 1/3/19. (ig, COURT STAFF) (Filed on 1/3/2019) (Entered: 01/03/2019)
2019-01-3119Request to Lift Stay re 18 Order, by Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice. (Wang, Jennifer) (Filed on 1/31/2019) Modified on 2/1/2019 (jjbS, COURT STAFF). (Entered: 01/31/2019)
2019-02-0120ORDER re 19 Request to Lift Stay: The stay in this case is lifted. By February 8, 2019, the parties shall file a stipulation with a new proposed case management conference date. Signed by Magistrate Judge Donna M. Ryu on 2/1/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc3, COURT STAFF) (Filed on 2/1/2019) (Entered: 02/01/2019)
2019-02-0521STIPULATION WITH PROPOSED ORDER regarding Scheduling; Proposed Order filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice, and Giffords Law Center to Prevent Gun Violence. (Wang, Jennifer) (Filed on 2/5/2019) Modified on 2/6/2019 (jjbS, COURT STAFF). Modified on 2/6/2019 (jjbS, COURT STAFF). (Entered: 02/05/2019)
2019-02-0622ORDER by Magistrate Judge Donna M. Ryu granting 21 Stipulation: Joint Case Management Statement due by 4/10/2019. Initial Case Management Conference set for 4/17/2019 01:30 PM. (ig, COURT STAFF) (Filed on 2/6/2019) (Entered: 02/06/2019)
2019-02-1323First MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13089593.) filed by Giffords Law Center to Prevent Gun Violence. (Attachments: # 1 Exhibit DC Bar Cert. of Good Standing)(Seel, Benjamin) (Filed on 2/13/2019) (Entered: 02/13/2019)
2019-02-1424ORDER by Magistrate Judge Donna M. Ryu granting 23 Benjamin Seel's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 2/14/2019) (Entered: 02/14/2019)
2019-03-0625MOTION to Appear by Telephone filed by Giffords Law Center to Prevent Gun Violence. (Seel, Benjamin) (Filed on 3/6/2019) (Entered: 03/06/2019)
2019-03-0726ORDER by Magistrate Judge Donna M. Ryu granting 25 Plaintiff's request to Appear by Telephone on 4/17/2019 01:30 PM Initial Case Management Conference. (ig, COURT STAFF) (Filed on 3/7/2019) (Entered: 03/08/2019)
2019-04-0927Certificate of Interested Entities by Giffords Law Center to Prevent Gun Violence (Seel, Benjamin) (Filed on 4/9/2019) (Entered: 04/09/2019)
2019-04-1028JOINT CASE MANAGEMENT STATEMENT filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice and Giffords Law Center to Prevent Gun Violence. (Wang, Jennifer) (Filed on 4/10/2019) Modified on 4/11/2019 (ajsS, COURT STAFF). (Entered: 04/10/2019)
2019-04-1729PDF with attached Audio File. Court Date & Time [ 4/17/2019 1:45:17 PM ]. File Size [ 3456 KB ]. Run Time [ 00:07:12 ]. (courtspeak). (Entered: 04/17/2019)
2019-04-1730Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Initial Case Management Conference held on 4/17/2019. Updated Joint Case Management Statement due by 6/26/2019. Further Case Management Conference set for 7/3/2019 01:30 PM. FTR Time: 1:45-1:52. Attachment: Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 4/17/2019) (Entered: 04/18/2019)
2019-06-2631JOINT STATUS REPORT AND STIPULATION to Continue Case Management Conference; [Proposed] Order by Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice and Giffords Law Center to Prevent Gun Violence. (Wang, Jennifer) (Filed on 6/26/2019) Modified on 6/27/2019 (ajsS, COURT STAFF). (Entered: 06/26/2019)
2019-06-2632ORDER GRANTING STIPULATION TO CONTINUE re 31 : Updated Joint Case Management Statement due by 7/24/2019. Further Case Management Conference continued to 7/31/2019 01:30 PM before Magistrate Judge Donna M. Ryu. Signed by Magistrate Judge Donna M. Ryu on 6/26/19. (ig, COURT STAFF) (Filed on 6/26/2019) (Entered: 06/26/2019)
2019-07-0933MOTION to Appear by Telephone filed by Giffords Law Center to Prevent Gun Violence. (Shah, Nitin) (Filed on 7/9/2019) (Entered: 07/09/2019)
2019-07-0934PLAINTIFF GIFFORDS LAW CENTER TO PREVENT GUN VIOLENCES REQUEST TO APPEAR BY TELEPHONE AT CASE MANAGEMENT CONFERENCE AND ORDER by Magistrate Judge Donna M. Ryu granting 33 Motion to Appear by Telephone. (kcS, COURT STAFF) (Filed on 7/9/2019) (Entered: 07/09/2019)
2019-07-2435JOINT CASE MANAGEMENT STATEMENT filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice and Giffords Law Center to Prevent Gun Violence. (Wang, Jennifer) (Filed on 7/24/2019) Modified on 7/25/2019 (ajsS, COURT STAFF). (Entered: 07/24/2019)
2019-07-3136PDF with attached Audio File. Court Date & Time [ 7/31/2019 3:16:59 PM ]. File Size [ 6232 KB ]. Run Time [ 00:12:59 ]. (courtspeak). (Entered: 07/31/2019)
2019-07-3137Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further Case Management Conference held on 7/31/2019. Parties to file a joint status report by 9/13/2019 that contains concrete deadlines. Updated Joint Case Management Statement due by 11/27/2019. Further Case Management Conference set for 12/4/2019 01:30 PM. See minute order for more particulars. FTR Time: 3:16-3:29. Attachment: Civil Conferece Minute Order. (ig, COURT STAFF) (Date Filed: 7/31/2019) (Entered: 08/02/2019)
2019-09-0538NOTICE of Substitution of Counsel by Jevechius Doherty Bernardoni (Bernardoni, Jevechius) (Filed on 9/5/2019) (Entered: 09/05/2019)
2019-09-1339JOINT STATUS REPORT by Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice and Giffords Law Center to Prevent Gun Violence. (Bernardoni, Jevechius) (Filed on 9/13/2019) Modified on 9/16/2019 (jmlS, COURT STAFF). (Entered: 09/13/2019)
2019-11-2540STIPULATION WITH PROPOSED ORDER re 37 Terminate Hearings,, Case Management Conference - Further,, Set Deadlines/Hearings, filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice and Giffords Law Center to Prevent Gun Violence. (Bernardoni, Jevechius) (Filed on 11/25/2019) Modified on 11/26/2019 (jmlS, COURT STAFF). (Entered: 11/25/2019)
2019-11-2641ORDER by Magistrate Judge Donna M. Ryu granting 40 Stipulation: Updated Joint Case Management Statement due by 2/12/2020. Further Case Management Conference continued to 2/19/2020 01:30 PM. (ig, COURT STAFF) (Filed on 11/26/2019) (Entered: 11/26/2019)
2020-02-0742CLERK'S NOTICE: Notice is hereby given to all parties that the Further Case Management Conference previously set for 2/19/2020 01:30 PM has been rescheduled to 2/19/2020 3:45 PM before Magistrate Judge Donna M. Ryu. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 2/7/2020) (Entered: 02/07/2020)
2020-02-1243STIPULATION WITH PROPOSED ORDER and Updated Joint Case Management Statement re 42 Clerk's Notice, filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice and Giffords Law Center to Prevent Gun Violence. (Bernardoni, Jevechius) (Filed on 2/12/2020) Modified on 2/13/2020 (jmlS, COURT STAFF). Modified on 2/13/2020 (jmlS, COURT STAFF). (Entered: 02/12/2020)
2020-02-1344ORDER (AS MODIFIED) by Magistrate Judge Donna M. Ryu granting 43 Stipulation: Updated Joint Case Management Statement due by 3/25/2020. Further Case Management Conference continued to 4/1/2020 01:30 PM. (ig, COURT STAFF) (Filed on 2/13/2020) (Entered: 02/13/2020)
2020-03-1645CLERK'S NOTICE: In light of the current public health emergency caused by COVID-19, the court issues the following Notice with the aim of balancing public health and safety concerns, including minimizing the risk of exposure, with the need for scheduling certainty and having civil matters proceed regularly. The currently scheduled Further Case Management Conference set for 4/1/2020 01:30 PM shall be held telephonically through CourtCall. No requests for telephonic appearance are required. The parties shall follow the CourtCall protocol set forth in the Notice re: Telephonic Appearance Procedures for Magistrate Judge Donna M. Ryu, available on the court's website. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 3/16/2020) (Entered: 03/16/2020)
2020-03-2546STIPULATION WITH PROPOSED ORDER re 44 Order on Stipulation, filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice and Giffords Law Center to Prevent Gun Violence. (Bernardoni, Jevechius) (Filed on 3/25/2020) Modified on 3/26/2020 (jmlS, COURT STAFF). (Entered: 03/25/2020)
2020-03-2647ORDER by Magistrate Judge Donna M. Ryu granting 46 Stipulation: Updated Joint Case Management Statement due by 6/24/2020. Further Case Management Conference continued to 7/1/2020 01:30 PM. (ig, COURT STAFF) (Filed on 3/26/2020) (Entered: 03/26/2020)
2020-06-2448STIPULATION WITH PROPOSED ORDER re 47 Order on Stipulation filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice and Giffords Law Center to Prevent Gun Violence. (Bernardoni, Jevechius) (Filed on 6/24/2020) Modified on 6/25/2020 (jmlS, COURT STAFF). (Entered: 06/24/2020)
2020-06-2449ORDER by Magistrate Judge Donna M. Ryu granting 48 Stipulation to continue: Updated Joint Case Management Statement due by 7/29/2020. Further Case Management Conference continued to 8/5/2020 01:30 PM. (ig, COURT STAFF) (Filed on 6/24/2020) (Entered: 06/24/2020)
2020-07-2250MOTION to Withdraw as Attorney filed by Giffords Law Center to Prevent Gun Violence. Responses due by 8/5/2020. Replies due by 8/12/2020. (Attachments: # 1 Proposed Order)(Shah, Nitin) (Filed on 7/22/2020) (Entered: 07/22/2020)
2020-07-2251CLERK'S NOTICE re Docket No. 50 , Motion to Withdraw: Pursuant to Civil Local Rule 5-1(c)(2)(C), no court order is necessary to relieve counsel when the party is still represented by other counsel. Instead, a Notice of Change in Counsel must be filed. Accordingly, the court terminates the motion to withdraw. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc3, COURT STAFF) (Filed on 7/22/2020) (Entered: 07/22/2020)
2020-07-2352NOTICE of Change In Counsel by Nitin Shah (Shah, Nitin) (Filed on 7/23/2020) (Entered: 07/23/2020)
2020-07-2953STIPULATION WITH PROPOSED ORDER re Dismissal with prejudice re 1 Complaint, filed by Giffords Law Center to Prevent Gun Violence, U.S. Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives. (Seel, Benjamin) (Filed on 7/29/2020) Modified on 7/29/2020 (jmlS, COURT STAFF). (Entered: 07/29/2020)
2020-07-3054CLERK'S NOTICE: The court has received the parties' joint stipulation of dismissal 53 . Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), no court order is required to dismiss this action. The parties are notified that the matter is terminated. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc3, COURT STAFF) (Filed on 7/30/2020) (Entered: 07/30/2020)
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