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Case TitleThe Center for Investigative Reporting v. United States Department of Labor
DistrictNorthern District of California
CitySan Francisco
Case Number3:2019cv05603
Date Filed2019-09-05
Date ClosedOpen
JudgeMagistrate Judge Sallie Kim
PlaintiffThe Center for Investigative Reporting
PlaintiffWill Evans
Case DescriptionThe Center for Investigative Reporting submitted three FOIA requests to the Department of Labor's Occupational Safety and Health Administration. The first FOIA request asked for records concerning employee statements made during an OSHA investigation of an Amazon facility in Stoughton, MA. CIR also requested a fee waiver. The agency disclosed 132 pages, withholding portions of witness statements under Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(D) (confidential sources). CIR filed an administrative appeal of the denial. CIR's second and third requests involved Form 300A records. In response to its second request, OSHA provided 12 pages with redactions under Exemption 7(D). In response to its third request, which asked for records specifically from Illinois, the agency assessed CIR a fee of $47 to process the request. CIR filed administrative appeals of both requests but after hearing nothing further from the agency, CIR filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUnited States Department of Labor
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-09-051COMPLAINT FOR INJUNCTIVE RELIEF; against Department of Labor ( Filing fee $ 400, receipt number 0971-13678690.). Filed byThe Center for Investigative Reporting. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Proposed Summons Missing Attorney Information )(Baranetsky, Diana) (Filed on 9/5/2019) Modified on 9/6/2019 (aaaS, COURT STAFF). (Entered: 09/05/2019)
2019-09-052Certificate of Interested Entities by The Center for Investigative Reporting (Baranetsky, Diana) (Filed on 9/5/2019) (Entered: 09/05/2019)
2019-09-05Electronic filing error . This filing will not be processed by the clerks office.Please re-file in its entirety. Re: 1 Complaint, filed by The Center for Investigative Reporting E-Filer Need Only to Re E-File the Proposed Summons. This time use the event called Proposed Summons. Also the Proposed Summons is missing Attorney Information. Please provide Attorney Information. Case Title is Incorrect. Defendant Party entered incorrectly. Plaintiff Will Evans not Entered on the Court Docket. (aaaS, COURT STAFF) (Filed on 9/5/2019) (Entered: 09/06/2019)
2019-09-063Case assigned to Magistrate Judge Sallie Kim. 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 9/20/2019. (cv, COURT STAFF) (Filed on 9/6/2019) (Entered: 09/06/2019)
2019-09-064Proposed Summons. (Baranetsky, Diana) (Filed on 9/6/2019) (Entered: 09/06/2019)
2019-09-065Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/2/2019. Initial Case Management Conference set for 12/9/2019 01:30 PM. Signed by Magistrate Judge Sallie Kim on 9/6/19. (aaaS, COURT STAFF) (Filed on 9/6/2019) (Entered: 09/06/2019)
2019-09-066CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Will Evans, The Center for Investigative Reporting.. (Baranetsky, Diana) (Filed on 9/6/2019) (Entered: 09/06/2019)
2019-09-097Summons Issued as to Defendant United States Department of Labor. (tnS, COURT STAFF) (Filed on 9/9/2019) (Entered: 09/09/2019)
2019-09-168CERTIFICATE OF SERVICE by Will Evans, The Center for Investigative Reporting (Baranetsky, Diana) (Filed on 9/16/2019) (Entered: 09/16/2019)
2019-10-119STIPULATION to Extend Time to Respond to Complaint filed by United States Department of Labor. (Johann, Pamela) (Filed on 10/11/2019) (Entered: 10/11/2019)
2019-11-1410STIPULATION to Extend Time to Respond to Complaint filed by United States Department of Labor. (Johann, Pamela) (Filed on 11/14/2019) (Entered: 11/14/2019)
2019-11-1411ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Baranetsky, Diana) (Filed on 11/14/2019) (Entered: 11/14/2019)
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by FOIA Project Staff
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