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Case TitleThe Center for Investigative Reporting v. Federal Bureau of Investigation
DistrictNorthern District of California
CitySan Francisco
Case Number3:2019cv04541
Date Filed2019-08-05
Date ClosedOpen
JudgeMagistrate Judge Laurel Beeler
PlaintiffThe Center for Investigative Reporting
Case DescriptionJonathan Jones, a reporter for the Center for Investigative Reporting, submitted a FOIA request to the FBI for records concerning the murders of two American teachers in 2002 during an attack near Tembagapura in Papua, Indonesia. Jones also requested a fee waiver. The agency acknowledged receipt of the request and after asking Jones to provide proof of death for the two teachers, eventually denied his request under Exemption 7(A) (interference with ongoing investigation or proceeding). Jones filed an administrative appeal with the Office of Information Policy. OIP upheld the FBI's denial. Jones and CIR then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantFederal Bureau of Investigation
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-08-051COMPLAINT against Federal Bureau of Investigation ( Filing fee $ 400, receipt number 0971-13581285.). Filed byThe Center for Investigative Reporting. (Attachments: # 1 Civil Cover Sheet, # 2 Exhbits)(Baranetsky, Diana) (Filed on 8/5/2019) (Entered: 08/05/2019)
2019-08-052Proposed Summons. (Baranetsky, Diana) (Filed on 8/5/2019) (Entered: 08/05/2019)
2019-08-053Certificate of Interested Entities by The Center for Investigative Reporting (Baranetsky, Diana) (Filed on 8/5/2019) (Entered: 08/05/2019)
2019-08-054Case assigned to Magistrate Judge Laurel Beeler. 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 8/19/2019. (ajsS, COURT STAFF) (Filed on 8/5/2019) (Entered: 08/05/2019)
2019-08-055Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/31/2019. Initial Case Management Conference set for 11/7/2019 11:00 AM in San Francisco, Courtroom B, 15th Floor. (fabS, COURT STAFF) (Filed on 8/5/2019) (Entered: 08/05/2019)
2019-08-056Summons Issued as to Federal Bureau of Investigation, U.S. Attorney and U.S. Attorney General (fabS, COURT STAFF) (Filed on 8/5/2019) (Entered: 08/05/2019)
2019-08-147CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by The Center for Investigative Reporting.. (Baranetsky, Diana) (Filed on 8/14/2019) (Entered: 08/14/2019)
2019-08-198CERTIFICATE OF SERVICE by The Center for Investigative Reporting (Baranetsky, Diana) (Filed on 8/19/2019) (Entered: 08/19/2019)
2019-09-189ANSWER to Complaint byFederal Bureau of Investigation. (Bernardoni, Jevechius) (Filed on 9/18/2019) (Entered: 09/18/2019)
2019-09-1810CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Federal Bureau of Investigation.. (Bernardoni, Jevechius) (Filed on 9/18/2019) (Entered: 09/18/2019)
2019-10-1711CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME: Initial Case Management Conference set for 11/7/2019 at 11:00 AM is reset to 9:30 AM in San Francisco, Courtroom B, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 10/17/2019) (Entered: 10/17/2019)
2019-10-1712ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Baranetsky, Diana) (Filed on 10/17/2019) (Entered: 10/17/2019)
2019-10-1713ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Bernardoni, Jevechius) (Filed on 10/17/2019) (Entered: 10/17/2019)
2019-10-3114JOINT CASE MANAGEMENT STATEMENT filed by Federal Bureau of Investigation. (Attachments: # 1 Declaration)(Bernardoni, Jevechius) (Filed on 10/31/2019) (Entered: 10/31/2019)
2019-11-0715Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Initial Case Management Conference held on 11/7/2019. The Government will file an update on the timeline for processing and will file any bifurcation motions by December 12, 2019. (Not Reported). Further Case Management Conference set for 12/19/2019 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 12/12/2019. Plaintiff's Attorney: Diana Baranetsky. Defendant's Attorney: Jevechius Bernardoni. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 11/7/2019) (Entered: 11/08/2019)
2019-12-1116MOTION to Bifurcate filed by Federal Bureau of Investigation. Motion Hearing set for 1/16/2020 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 12/26/2019. Replies due by 1/2/2020. (Attachments: # 1 Declaration of David Hardy, # 2 Proposed Order)(Bernardoni, Jevechius) (Filed on 12/11/2019) (Entered: 12/11/2019)
2019-12-1217JOINT CASE MANAGEMENT STATEMENT filed by Federal Bureau of Investigation. (Bernardoni, Jevechius) (Filed on 12/12/2019) (Entered: 12/12/2019)
2019-12-1218OPPOSITION/RESPONSE (re 16 MOTION to Bifurcate ) filed byThe Center for Investigative Reporting. (Attachments: # 1 Proposed Order)(Baranetsky, Diana) (Filed on 12/12/2019) (Entered: 12/12/2019)
2019-12-1619CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME: Further Case Management Conference set for 12/19/2019 at 11:00 AM is reset to 9:30 AM in San Francisco, Courtroom B, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 12/16/2019) (Entered: 12/16/2019)
2019-12-1720REPLY (re 16 MOTION to Bifurcate ) filed byFederal Bureau of Investigation. (Bernardoni, Jevechius) (Filed on 12/17/2019) (Entered: 12/17/2019)
2019-12-1921Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Further Case Management Conference held on 12/19/2019. Court maintains motion hearing set for 1/16/2020. (Not Reported). Plaintiff 's Attorney: Diana Baranetsky. Defendant's Attorney: Jevechius Bernardoni. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 12/19/2019) (Entered: 12/19/2019)
2020-01-1422CLERK'S NOTICE Continuing Motion Hearing. Motion Hearing 16 MOTION to Bifurcate previously set for 1/16/2020 is reset to 1/23/2020 at 9:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 1/14/2020) (Entered: 01/14/2020)
2020-01-2323Order by Magistrate Judge Laurel Beeler denying 16 Motion to Bifurcate.(lblc5S, COURT STAFF) (Filed on 1/23/2020) (Entered: 01/23/2020)
2020-01-2324Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Motion Hearing held on 1/23/2020. Parties are directed to confer re: schedule of production within 7 days and file a joint schedule. Court to issue order. Status Conference set for 2/27/2020 at 11:00 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Total Time in Court: 12 minutes. FTR Time: 10:50-11:02. Plaintiff's Attorney: Diana Baranetsky. Defendant's Attorney: Jevechius Bernardoni. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 1/23/2020) (Entered: 01/23/2020)
2020-01-3025STIPULATION WITH PROPOSED ORDER re 24 Motion Hearing,,, Set Deadlines/Hearings,, filed by Federal Bureau of Investigation. (Bernardoni, Jevechius) (Filed on 1/30/2020) (Entered: 01/30/2020)
2020-01-3126Order by Magistrate Judge Laurel Beeler granting 25 Stipulation to Continue Deadline to File Joint Schedule. The deadline to file a joint schedule is continued for seven days, up to and including February 6, 2020.(tmiS, COURT STAFF) (Filed on 1/31/2020) (Entered: 01/31/2020)
2020-02-0327CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME: Status Conference set for 2/27/2020 at 11:00 AM is reset to 9:30 AM in San Francisco, Courtroom B, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 2/3/2020) (Entered: 02/03/2020)
2020-02-0628STIPULATION WITH PROPOSED ORDER filed by The Center for Investigative Reporting. (Baranetsky, Diana) (Filed on 2/6/2020) (Entered: 02/06/2020)
2020-02-0729Order by Magistrate Judge Laurel Beeler granting 28 Stipulation Regarding Joint Schedule. FBI to complete review necessary to assert all applicable exemptions by 5/22/2020. FBI to file MSJ, together with the declaration by 7/31/2020. Opposition to be filed by 9/4/2020; Reply due 9/18/2020. Plaintiff to file its reply in further support of its cross-motion for summary judgment by 10/2/2020. Motion for Summary Judgment Hearing to be noticed for 10/15/2020 at 9:30 a.m. Status Conference previously set for 2/27/2020 is reset to 3/26/2020 at 11:00 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. As a calendaring device, the court sets a Further Case Management Conference for 10/15/2020 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. (ejkS, COURT STAFF) (Filed on 2/7/2020) (Entered: 02/07/2020)
2020-03-1630CLERKS NOTICE RE: CASE MANAGEMENT CONFERENCE / MOTION HEARING: Through at least April 17, 2020, the court will not have any in-person civil case-management conferences or civil motions hearings and instead will have telephonic appearances. For motions hearings, the court is open to hearings by Skype for Business or Google Hangouts (because for now, the court cannot host conferences by Zoom). (This latter approach requires IT staff to provide the court with a web cam so there may be some delay.) Telephonic appearances generally are by CourtCall, but the court also circulates the following conference number, which can accommodate up to 200 people and allow the equivalent of a public hearing by telephone: Dial In: 877-336-1839 Access Code: 8191201# Security Code: 200326# (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 3/16/2020) (Entered: 03/16/2020)
2020-03-1931STIPULATION WITH PROPOSED ORDER re 29 Order on Stipulation,,, filed by Federal Bureau of Investigation. (Bernardoni, Jevechius) (Filed on 3/19/2020) (Entered: 03/19/2020)
2020-03-1932Order by Magistrate Judge Laurel Beeler granting 31 Stipulation Regarding Case Management Conference and Joint Schedule. Status Conference previously set for 3/26/2020 is reset to 4/23/2020 at 11:00 AM in San Francisco, Chambers before Magistrate Judge Laurel Beeler. Case Management Statement due by 4/16/2020. Dial In: 877-336-1839 Access Code: 8191201# (ejkS, COURT STAFF) (Filed on 3/19/2020) (Entered: 03/19/2020)
2020-04-0333CLERK'S NOTICE RESETTING STATUS CONFERENCE TIME: Status Conference set for 4/23/2020 at 11:00 AM is reset to 9:30 AM . Dial In: 877-336-1839 Access Code: 8191201# (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 4/3/2020) (Entered: 04/03/2020)
2020-04-1634STIPULATION WITH PROPOSED ORDER re 32 Order on Stipulation, filed by Federal Bureau of Investigation. (Bernardoni, Jevechius) (Filed on 4/16/2020) (Entered: 04/16/2020)
2020-04-1735Order by Magistrate Judge Laurel Beeler granting 34 Stipulation Regarding Case Management Conference and Joint Schedule. Further Case Management Conference previously set for 4/23/2020 is reset to 5/21/2020 at 9:30 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 5/14/2020. (ejkS, COURT STAFF) (Filed on 4/17/2020) (Entered: 04/17/2020)
2020-05-1236CLERK'S NOTICE SETTING ZOOM WEBINAR CASE MANAGEMENT CONFERENCE ON 5/21/2020. ADVANCE REGISTRATION OF PARTICIPATING COUNSEL REQUIRED -- SEE BELOW. The case management conference set in this case on 5/21/2020 at 9:30 AM will be held by Zoom Webinar. Pre-registration by counsel with the clerk in advance of the hearing must be done by sending a list of names & emails of participating counsel to lbcrd@cand.uscourts.gov no later than noon on Wednesday, May 20, 2020 . Please click the link below to join the webinar: https://us02web.zoom.us/j/84243835009?pwd=MHpFdFJNdStNd2VMNm9wOGdjcXJuQT09 Password: 330507 Or iPhone one-tap : US: +19292056099,,84243835009# or +12532158782,,84243835009# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 929 205 6099 or +1 253 215 8782 or +1 301 715 8592 or +1 312 626 6799 or +1 346 248 7799 or +1 669 900 6833 Webinar ID: 842 4383 5009 Password: 330507 International numbers available: https://us02web.zoom.us/u/kkrrGGP7w Or an H.323/SIP room system: H.323: 162.255.37.11 (US West) or 162.255.36.11 (US East) Meeting ID: 842 4383 5009 Password: 330507 SIP: 84243835009@zoomcrc.com Password: 330507 (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 5/12/2020) (Entered: 05/12/2020)
2020-05-1337STIPULATION WITH PROPOSED ORDER re 35 Order on Stipulation, filed by Federal Bureau of Investigation. (Bernardoni, Jevechius) (Filed on 5/13/2020) (Entered: 05/13/2020)
2020-05-1438Order by Magistrate Judge Laurel Beeler granting 37 Stipulation Regarding Case Management Conference.<> Further Case Management Conference previously set for 5/21/2020 is reset to 9/17/2020 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 9/10/2020. (ejkS, COURT STAFF) (Filed on 5/14/2020) (Entered: 05/14/2020)
2020-07-1639CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME: Further Case Management Conference set for 10/15/2020 at 11:00 AM is reset to 9:30 AM . (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 7/16/2020) (Entered: 07/16/2020)
2020-07-2740CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME. Further Case Management Conference set for 9/17/2020 at 11:00 AM is reset to 9:30 AM . For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/ This proceeding will be a Zoom video conferencing webinar. 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/1614698626?pwd=eXlQRThFajBjT0tieVBaYWpjMjFodz09 Meeting ID: 161 469 8626 Password: 546984 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/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 7/27/2020) (Entered: 07/27/2020)
2020-07-2941CLERK'S NOTICE VACATING CASE MANAGEMENT CONFERENCE: The court vacates the case management conference set for 9/17/2020. The CMC set for 10/15/2020 remains on calendar. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 7/29/2020) (Entered: 07/29/2020)
2020-09-1842MOTION for Summary Judgment filed by Federal Bureau of Investigation. Motion Hearing set for 12/3/2022 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 10/23/2020. Replies due by 11/6/2020. (Attachments: # 1 Declaration of Michael Seidel, # 2 Declaration of Gregg Maisel, # 3 Proposed Order)(Bernardoni, Jevechius) (Filed on 9/18/2020) (Entered: 09/18/2020)
2020-09-21Electronic filing error . The hearing date has been corrected to 12/3/ 20 . Corrected by Clerk's Office. No further action is necessary. Re: 42 MOTION for Summary Jud gment filed by Federal Bureau of Investigation. (mclS, COURT STAFF) (Filed on 9/21/2020) (Entered: 09/21/2020)
2020-10-0843STIPULATION WITH PROPOSED ORDER filed by The Center for Investigative Reporting. (Baranetsky, Diana) (Filed on 10/8/2020) (Entered: 10/08/2020)
2020-10-0844ORDER TO MODIFY THE SUMMARY JUDGMENT BRIEFING PLAN AND VACATING CASE MANAGEMENT CONFERENCE. Plaintiff's Cross Motion and Opposition: 11/13/2020. Defendant's Cross Opposition and Reply: 11/27/2020. Plaintiff's Reply: 12/11/2020. Motion Hearing 42 MOTION for Summary Judgment set for 1/14/2021 at 9:30 AM in before Magistrate Judge Laurel Beeler. Signed by Judge Laurel Beeler on 10/8/2020. (ejkS, COURT STAFF) (Filed on 10/8/2020) (Entered: 10/08/2020)
2020-11-1345OPPOSITION/RESPONSE (re 42 MOTION for Summary Judgment ) and NOTICE OF CROSS MOTION and CROSS MOTION FOR SUMMARY JUDGMENT filed byThe Center for Investigative Reporting. (Attachments: # 1 Declaration of Amb. Robert Blake, # 2 Declaration of Latifah Anum Siregar, # 3 Declaration of Raymond Bonner, # 4 Exhibit 1 to Declaration of Raymond Bonner, # 5 Declaration of Jonathan Jones, # 6 Exhibit 1-33 to Declaration of Jonathan Jones)(Baranetsky, Diana) (Filed on 11/13/2020) (Entered: 11/13/2020)
2020-11-2546SECOND STIPULATION TO MODIFY THE SUMMARY JUDGMENT BRIEFING PLAN AND [PROPOSED] ORDER re 44 Order filed by Federal Bureau of Investigation. (Bernardoni, Jevechius) (Filed on 11/25/2020) (Entered: 11/25/2020)
2020-11-2747ORDER re 46 Second Stipulation to Modify the Summary Judgment Briefing Plan. Responses due by 12/3/2020. Replies due by 12/11/2020. Signed by Judge Laurel Beeler on 11/27/2020. (ejkS, COURT STAFF) (Filed on 11/27/2020) (Entered: 11/27/2020)
2020-12-0148STIPULATION AND [PROPOSED] ORDER For Summary Judgment Calendar filed by The Center for Investigative Reporting. (Baranetsky, Diana) (Filed on 12/1/2020) (Entered: 12/01/2020)
2020-12-0149ORDER re 48 Third Stipulation to Modify the Summary Judgment Briefing Plan. Responses due by 12/3/2020. Replies due by 12/29/2020. Signed by Judge Laurel Beeler on 12/1/2020. (ejkS, COURT STAFF) (Filed on 12/1/2020) (Entered: 12/01/2020)
2020-12-0350REPLY (re 42 MOTION for Summary Judgment ) and Opposition (re 45 Plaintiff's Cross-Motion for Summary Judgment) filed byFederal Bureau of Investigation. (Attachments: # 1 Declaration of Michael G. Seidel)(Bernardoni, Jevechius) (Filed on 12/3/2020) (Entered: 12/03/2020)
2020-12-2951REPLY (re 42 MOTION for Summary Judgment ) filed byThe Center for Investigative Reporting. (Baranetsky, Diana) (Filed on 12/29/2020) (Entered: 12/29/2020)
2021-01-1252MOTION for Leave to Submit Supplemental Exhibits in Support of Plaintiff's Opposition to Defendant's Summary Judgment Motion and of Cross Motion for Summary Judgment filed by The Center for Investigative Reporting. Motion Hearing set for 1/14/2021 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 1/26/2021. Replies due by 2/2/2021. (Attachments: # 1 Proposed Order)(Baranetsky, Diana) (Filed on 1/12/2021) (Entered: 01/12/2021)
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