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Case TitleWang v. United States Department of Justice
DistrictNorthern District of California
CitySan Francisco
Case Number3:2019cv03179
Date Filed2019-06-07
Date Closed2021-11-16
JudgeMagistrate Judge Joseph C. Spero
PlaintiffMichael Wang
Case DescriptionMichael Wang submitted a FOIA request to the FBI for records concerning an investigation involving him. The agency acknowledged receipt of the request. Wang contacted the agency for an estimated completion date. The agency told him it would take 475 days to process his request. Wang then asked for expedited processing, telling the agency that he needed the records to defend his job as a police officer. The agency then told Wang that it had located 5,000 potentially responsive records and that fees would be incurred. Wang contacted the agency several more times for a completion date, but after hearing nothing further from the agency, Wang 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
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-06-071COMPLAINT for Injunctive Relief against United States Department of Justice (Filing fee $ 400.00, receipt number 0971-13416421.). Filed by Michael Wang. (Attachments: # 1 Exhibits to Complaint, # 2 Civil Cover Sheet) (Pifari, Nicole) (Filed on 6/7/2019) Modified on 6/10/2019 (gbaS, COURT STAFF). (Entered: 06/07/2019)
2019-06-072Proposed Summons. (Pifari, Nicole) (Filed on 6/7/2019) (Entered: 06/07/2019)
2019-06-073Case 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 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 6/21/2019. (haS, COURT STAFF) (Filed on 6/7/2019) (Entered: 06/07/2019)
2019-06-104Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/30/2019. Initial Case Management Conference set for 9/6/2019 02:00 PM in San Francisco, Courtroom G, 15th Floor. (gbaS, COURT STAFF) (Filed on 6/10/2019) (Entered: 06/10/2019)
2019-06-105Summons Issued as to United States Department of Justice. (gbaS, COURT STAFF) (Filed on 6/10/2019) (Entered: 06/10/2019)
2019-06-116Proposed Summons. (Pifari, Nicole) (Filed on 6/11/2019) (Entered: 06/11/2019)
2019-06-117CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Michael Wang.. (Pifari, Nicole) (Filed on 6/11/2019) (Entered: 06/11/2019)
2019-06-118Summons Issued as to U.S. Attorney. (gbaS, COURT STAFF) (Filed on 6/11/2019) (Entered: 06/11/2019)
2019-06-129Proposed Summons. (Pifari, Nicole) (Filed on 6/12/2019) (Entered: 06/12/2019)
2019-06-2110Summons Issued as to U.S. Attorney General. (gbaS, COURT STAFF) (Filed on 6/21/2019) (Entered: 06/21/2019)
2019-06-2511SUMMONS Returned Executed (FOIA) by Michael Wang. United States Department of Justice served on 6/25/2019, answer due 7/25/2019. (Pifari, Nicole) (Filed on 6/25/2019) (Entered: 06/25/2019)
2019-06-2512SUMMONS Returned Executed (FOIA) by Michael Wang. Service on the U.S. Attorney for the Northern District of California (Pifari, Nicole) (Filed on 6/25/2019) (Entered: 06/25/2019)
2019-06-2513SUMMONS Returned Executed (FOIA) by Michael Wang. Service on the United States Attorney General (Pifari, Nicole) (Filed on 6/25/2019) (Entered: 06/25/2019)
2019-07-1514NOTICE of Appearance by Adrienne Zack (Zack, Adrienne) (Filed on 7/15/2019) (Entered: 07/15/2019)
2019-07-1515STIPULATION re 1 Complaint, to Extend Time Within Which to Answer or Respond filed by United States Department of Justice. (Zack, Adrienne) (Filed on 7/15/2019) (Entered: 07/15/2019)
2019-07-1516CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Department of Justice.. (Zack, Adrienne) (Filed on 7/15/2019) (Entered: 07/15/2019)
2019-07-1617ORDER GRANTING re 15 Stipulation to Extend Time Within Which to Answer or Respond filed by United States Department of Justice. Signed by Chief Magistrate Judge Joseph C. Spero on 7/16/19. (klhS, COURT STAFF) (Filed on 7/16/2019) (Entered: 07/16/2019)
2019-08-1418ANSWER to Complaint byUnited States Department of Justice. (Zack, Adrienne) (Filed on 8/14/2019) (Entered: 08/14/2019)
2019-08-1619ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Pifari, Nicole) (Filed on 8/16/2019) (Entered: 08/16/2019)
2019-08-2020STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by United States Department of Justice. (Attachments: # 1 Declaration)(Zack, Adrienne) (Filed on 8/20/2019) (Entered: 08/20/2019)
2019-08-2121Order, signed 8/21/19, by Chief Magistrate Judge Joseph C. Spero granting 20 Stipulation to Continue Initial Case Management Conference. Case Management Statement due by 10/4/2019. Initial Case Management Conference set for 10/11/2019 02:00 PM in San Francisco, Courtroom G, 15th Floor.(klhS, COURT STAFF) (Filed on 8/21/2019) (Entered: 08/21/2019)
2019-09-1122NOTICE of Substitution of Counsel by Kenneth Warren Brakebill (Brakebill, Kenneth) (Filed on 9/11/2019) (Entered: 09/11/2019)
2019-09-2023ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Brakebill, Kenneth) (Filed on 9/20/2019) (Entered: 09/20/2019)
2019-09-2024ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Pifari, Nicole) (Filed on 9/20/2019) (Entered: 09/20/2019)
2019-10-0425Joint Initial Case Managment Statement filed by United States Department of Justice. (Brakebill, Kenneth) (Filed on 10/4/2019) Modified on 10/15/2019 (gbaS, COURT STAFF). (Entered: 10/04/2019)
2019-10-1726Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Initial Case Management Conference held on 10/11/2019. Parties shall complete the production of documents by 4/30/20. Case Management Statement due by 5/8/2020. Further Case Management Conference set for 5/15/2020 02:00 PM in San Francisco, Courtroom G, 15th Floor. FTR Time: Not Reported. Plaintiff Attorney: Nicole Pifari. Defendant Attorney: Kenneth Brakebill. (klhS, COURT STAFF) (Date Filed: 10/17/2019) (Entered: 10/17/2019)
2020-04-1527STIPULATION WITH PROPOSED ORDER To Extend FOIA Production Completion Date and To Continue Case Management Conference Due To Current Health Crisis filed by United States Department of Justice. (Brakebill, Kenneth) (Filed on 4/15/2020) (Entered: 04/15/2020)
2020-04-1628Order, signed 4/16/2020, by Chief Magistrate Judge Joseph C. Spero granting 27 Stipulation to Extend FOIA Production and to Continue Case Management Conference. Case Management Statement due by 8/21/2020. Further Case Management Conference set for 8/28/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor.(klhS, COURT STAFF) (Filed on 4/16/2020) (Entered: 04/16/2020)
2020-08-0529CLERK'S NOTICE SETTING ZOOM HEARING: Further Case Management Conference set for 8/28/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/ This proceeding will be a Zoom video conferencing webinar. ADVANCE REGISTRATION OF PARTICIPATING COUNSEL IS REQUIRED and must be done by emailing a list of names and emails of counsel who will be participating in the hearing to JCSCRD@cand.uscourts.gov by no later than August 21, by 3 p.m. PDT. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. Case participants may also receive an email invitation from the court with different information which should be followed. All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1619260804?pwd=RE5qWDhGOTdWWTZUOFlOKzhNc3pjZz09 Meeting ID: 161 926 0804 Password: 050855 Dial by your location +1 929 205 6099 US (New York) +1 253 215 8782 US +1 301 715 8592 US +1 312 626 6799 US (Chicago) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) Find your local number: https://zoom.us/u/ac4JkPfcjo For important information and guidance on technical preparation, please see https://www.cand.uscourts.gov/zoom/ . Further Case Management Conference set for 8/28/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecS, COURT STAFF) (Filed on 8/5/2020) (Entered: 08/05/2020)
2020-08-2030JOINT CASE MANAGEMENT STATEMENT filed by United States Department of Justice. (Brakebill, Kenneth) (Filed on 8/20/2020) (Entered: 08/20/2020)
2020-08-2031CLERK'S NOTICE CONTINUING FURTHER CASE MANAGEMENT CONFERENCE. Further Case Management Conference set for 8/28/2020 CONTINUED to 12/4/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. Case Management Statement due by 11/27/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecS, COURT STAFF) (Filed on 8/20/2020) (Entered: 08/20/2020)
2020-11-2732STIPULATION WITH PROPOSED ORDER re 31 Clerk's Notice, STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE filed by United States Department of Justice. (Brakebill, Kenneth) (Filed on 11/27/2020) (Entered: 11/27/2020)
2020-11-3033Order, signed 11/30/2020, by Chief Magistrate Judge Joseph C. Spero granting 32 Stipulation to Continue Case Management Conference. Case Management Statement due by 2/19/2021. Further Case Management Conference set for 2/26/2021 02:00 PM in San Francisco, - Videoconference Only.This will be held by Zoom videoconference. Zoom information is located on Judge Spero's web page.(klhS, COURT STAFF) (Filed on 11/30/2020) (Entered: 11/30/2020)
2021-02-1934Stipulation and [Proposed] Order Regarding Case Update and February 26, 2021 Case Management Conference filed by United States Department of Justice. (Brakebill, Kenneth) (Filed on 2/19/2021) Modified on 2/19/2021 (jlgS, COURT STAFF). (Entered: 02/19/2021)
2021-02-2235Order, signed as modified on 2/22/2021, by Chief Magistrate Judge Joseph C. Spero granting 34 Stipulation re: Case Update and February 26, 2021 Case Management Conference. Case Management Statement due by 6/4/2021. Further Case Management Conference re-set for 6/11/2021 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held by Zoom Webinar. (klhS, COURT STAFF) (Filed on 2/22/2021) (Entered: 02/22/2021)
2021-06-0236CLERKS NOTICE CONTINUING CASE MANAGEMENT CONFERENCE AND SETTING ZOOM HEARING. Further Case Management Conference set for 6/11/2021 AT 2:00 PM has been continued to 6/18/2021 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (klhS, COURT STAFF) (Filed on 6/2/2021) (Entered: 06/02/2021)
2021-06-0337STIPULATION and [PROPOSED] ORDER Regarding Case Update and June 18, 2021 Case Management Conference filed by United States Department of Justice. (Brakebill, Kenneth) (Filed on 6/3/2021) Modified on 6/3/2021 (jlgS, COURT STAFF). (Entered: 06/03/2021)
2021-06-0438Order. Signed 6/4/2021 by Chief Magistrate Judge Joseph C. Spero granting 37 Stipulation to Continue Case Management Conference. (klhS, COURT STAFF) (Filed on 6/4/2021) (Entered: 06/04/2021)
2021-06-04See Order 38 Set Deadlines/Hearings: Case Management Statement due by 8/6/2021. Further Case Management Conference set for 8/13/2021 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (klhS, COURT STAFF) (Filed on 6/4/2021) (Entered: 06/04/2021)
2021-07-2839STIPULATION and [PROPOSED] ORDER Regarding Case Update and August 13, 2021 Case Management Conference filed by United States Department of Justice. (Brakebill, Kenneth) (Filed on 7/28/2021) Modified on 7/28/2021 (jlgS, COURT STAFF). (Entered: 07/28/2021)
2021-07-2940Order. Signed 7/29/2021 by Chief Magistrate Judge Joseph C. Spero granting 39 Stipulation re: Case Update and Case Mgmt Conference.(klhS, COURT STAFF) (Filed on 7/29/2021) (Entered: 07/29/2021)
2021-07-29Set Deadlines/Hearings: See Order 40 . Case Management Statement due by 9/24/2021. Further Case Management Conference set for 10/1/2021 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs General Order 58. Persons grant ed access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (klhS, COURT STAFF) (Filed on 7/29/2021) (Entered: 07/29/2021)
2021-09-2241CLERKS NOTICE CHANGING TIME AND SETTING ZOOM HEARING. Further Case Management Conference set for 10/1/2021 at 12:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs General Order 58. Persons granted access to cou rt proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (klhS, COURT STAFF) (Filed on 9/22/2021) (Entered: 09/22/2021)
2021-09-2442STIPULATION WITH PROPOSED ORDER REGARDING CASE UPDATE AND OCTOBER 1, 2021 CASE MANAGEMENT CONFERENCE filed by United States Department of Justice. (Brakebill, Kenneth) (Filed on 9/24/2021) (Entered: 09/24/2021)
2021-09-2443Order. Signed 9/24/2021 by Chief Magistrate Judge Joseph C. Spero denying 42 Stipulation Re: Case Update and Case Mgmt Conference.(klhS, COURT STAFF) (Filed on 9/24/2021) (Entered: 09/24/2021)
2021-09-2444JOINT CASE UPDATE filed by United States Department of Justice. (Brakebill, Kenneth) (Filed on 9/24/2021) Modified on 9/27/2021 (slhS, COURT STAFF). (Entered: 09/24/2021)
2021-10-0145Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Further Case Management Conference held on 10/1/2021. Status Conference re: fee negotiations set for 11/19/2021 02:00 PM in San Francisco, - Videoconference Only before Chief Magistrate Judge Joseph C. Spero. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . FTR Ti me: Not Reported. Plaintiff Attorney: Nicole Pifari. Defendant Attorney: Kenneth Brakebill. (klhS, COURT STAFF) (Date Filed: 10/1/2021) (Entered: 10/01/2021)
2021-11-1246STIPULATION WITH PROPOSED ORDER re 45 Case Management Conference - Further,,,,, Set Hearings,,,,, Util - Teleconference Zoom,,,, JOINT CASE UPDATE; STIPULATION AND [PROPOSED] ORDER REGARDING RESOLUTION OF FEES ISSUE AND STIPULATED DISMISSAL filed by United States Department of Justice. (Brakebill, Kenneth) (Filed on 11/12/2021) (Entered: 11/12/2021)
2021-11-1547Order. Signed as modified on 11/15/2021 by Chief Magistrate Judge Joseph C. Spero granting 46 Stipulation Regarding Resolution of Fees Issue and Stipulated Dismissal.(klh, COURT STAFF) (Filed on 11/15/2021) (Entered: 11/15/2021)
2021-11-15See Order 47 : Status Report due by 12/13/2021. Further Case Management Conference set for 1/21/2022 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs General Order 58. Persons granted access to court proceedi ngs held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (klh, COURT STAFF) (Filed on 11/15/2021) (Entered: 11/15/2021)
2021-11-1648STIPULATION WITH PROPOSED ORDER OF SETTLEMENT AND DISMISSAL WITH PREJUDICE filed by United States Department of Justice. (Brakebill, Kenneth) (Filed on 11/16/2021) (Entered: 11/16/2021)
2021-11-1649Order. Signed 11/16/2021 by Chief Magistrate Judge Joseph C. Spero granting 48 Stipulation of Settlement and Dismissal with prejudice.(klh, COURT STAFF) (Filed on 11/16/2021) (Entered: 11/16/2021)
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