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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)
2019-11-1512CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Department of Labor.. (Johann, Pamela) (Filed on 11/15/2019) (Entered: 11/15/2019)
2019-11-1513ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Johann, Pamela) (Filed on 11/15/2019) (Entered: 11/15/2019)
2019-11-2214ANSWER to Complaint filed by United States Department of Labor. (Johann, Pamela) (Filed on 11/22/2019) (Entered: 11/22/2019)
2019-12-0215JOINT CASE MANAGEMENT STATEMENT and Stipulated Request to Continue Case Management Conference filed by United States Department of Labor. (Johann, Pamela) (Filed on 12/2/2019) (Entered: 12/02/2019)
2019-12-0316ORDER VACATING INITIAL CASE MANAGEMENT CONFERENCE. The parties may propose an alternative date for the case management conference in their stipulated briefing schedule. Signed by Magistrate Judge Sallie Kim on 12/3/2019. (mklS, COURT STAFF) (Filed on 12/3/2019) (Entered: 12/03/2019)
2019-12-1017STIPULATION AND [PROPOSED] ORDER re Proposed Briefing Schedule filed by United States Department of Labor. (Johann, Pamela) (Filed on 12/10/2019) (Entered: 12/10/2019)
2019-12-1118ORDER as modified by Magistrate Judge Sallie Kim granting 17 Stipulation Re: Proposed Briefing Schedule. Dispositive Motion Hearing set for 4/27/2020 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. (mklS, COURT STAFF) (Filed on 12/11/2019) (Entered: 12/11/2019)
2020-01-3019STIPULATED JOINT REQUEST to extend Briefing Schedule Regarding Motions for Summary Judgment; [Proposed] Order filed by United States Department of Labor. (Attachments: #(1) Declaration of Pamela T. Johann)(Johann, Pamela) (Filed on 1/30/2020) (Entered: 01/30/2020)
2020-01-3020ORDER by Judge Sallie Kim granting 19 Stipulation. (sklc1S, COURT STAFF) (Filed on 1/30/2020) (Entered: 01/30/2020)
2020-01-30Set Deadlines/Hearings: Motion Hearing reset for 5/18/2020 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. (mklS, COURT STAFF) (Filed on 1/30/2020) (Entered: 01/30/2020)
2020-02-2021STIPULATION AND [PROPOSED] ORDER Revising Briefing Schedule filed by United States Department of Labor. (Attachments: # 1 Declaration of Pamela T. Johann)(Johann, Pamela) (Filed on 2/20/2020) (Entered: 02/20/2020)
2020-02-2022ORDER by Magistrate Judge Sallie Kim granting 21 Stipulation Revising Dispositive Motion Briefing Schedule. (mklS, COURT STAFF) (Filed on 2/20/2020) (Entered: 02/20/2020)
2020-02-2723STIPULATION AND [PROPOSED] ORDER Re Issues in Dispute and to Revise Briefing Schedule Regarding Motions for Summary Judgment filed by United States Department of Labor. (Attachments: #(1) Declaration of Pamela T. Johann)(Johann, Pamela) (Filed on 2/27/2020) (Entered: 02/27/2020)
2020-02-2724ORDER by Magistrate Judge Sallie Kim granting 23 Stipulation Regarding Issues in Dispute and to Revise Briefing Schedule. (mklS, COURT STAFF) (Filed on 2/27/2020) (Entered: 02/27/2020)
2020-03-0425MOTION for Summary Judgment filed by United States Department of Labor. Motion Hearing set for 5/18/2020 01:30 PM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 4/6/2020. Replies due by 4/15/2020. (Johann, Pamela) (Filed on 3/4/2020) (Entered: 03/04/2020)
2020-03-0426Declaration of Marc Choi in Support of 25 MOTION for Summary Judgment filed byUnited States Department of Labor. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 *** FILED IN ERROR WITH CONFIDENTIAL INFORMATION. DOCUMENT LOCKED. DOCUMENT TO BE REFILED LATER. *** Exhibit E, # 6 Exhibit F)(Related document(s) 25 ) (Johann, Pamela) (Filed on 3/4/2020) Modified on 3/5/2020 (fff, COURT STAFF). (Entered: 03/04/2020)
2020-03-0427Declaration of Heather MacDougall in Support of 25 MOTION for Summary Judgment filed byUnited States Department of Labor. (Attachments: # 1 Exhibit A)(Related document(s) 25 ) (Johann, Pamela) (Filed on 3/4/2020) (Entered: 03/04/2020)
2020-03-0428Declaration of Francis Meilinger in Support of 25 MOTION for Summary Judgment filed byUnited States Department of Labor. (Attachments: # 1 Exhibit A)(Related document(s) 25 ) (Johann, Pamela) (Filed on 3/4/2020) (Entered: 03/04/2020)
2020-03-0429Declaration of Pamela T. Johann in Support of 25 MOTION for Summary Judgment filed byUnited States Department of Labor. (Attachments: # 1 Exhibit A)(Related document(s) 25 ) (Johann, Pamela) (Filed on 3/4/2020) (Entered: 03/04/2020)
2020-03-0430Declaration of Raymond E. Mitten in Support of 25 MOTION for Summary Judgment filed byUnited States Department of Labor. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 25 ) (Johann, Pamela) (Filed on 3/4/2020) (Entered: 03/05/2020)
2020-03-0531[Proposed] Order Granting re 25 MOTION for Summary Judgment filed by United States Department of Labor. (Johann, Pamela) (Filed on 3/5/2020) (Entered: 03/05/2020)
2020-03-0532Table of Authorities to re 25 Defendant's Motion for Summary Judgment filed by United States Department of Labor. (Related document(s) 25 ) (Johann, Pamela) (Filed on 3/5/2020) (Entered: 03/05/2020)
2020-03-0533EXHIBIT E to re 26 Declaration of Marc Choi in Support of Motion for Summary Judgment - CORRECTION OF DOCKET #[26-5] filed by United States Department of Labor. (Related document(s) 26 ) (Johann, Pamela) (Filed on 3/5/2020) (Entered: 03/05/2020)
2020-03-2334STIPULATION AND [PROPOSED] ORDER Regarding Joint Request to Revise Briefing Schedule Regarding Motions for Summary Judgment filed by Will Evans, The Center for Investigative Reporting. (Attachments: #(1) [Proposed] Order)(Baranetsky, Diana) (Filed on 3/23/2020) (Entered: 03/23/2020)
2020-03-2435ORDER by Magistrate Judge Sallie Kim granting 34 Stipulation to Revise Briefing Schedule Regarding Motions for Summary Judgment. (mklS, COURT STAFF) (Filed on 3/24/2020) (Entered: 03/24/2020)
2020-03-24Set/Reset Deadlines as to 25 MOTION for Summary Judgment . Opposition/Cross-Motion due by 4/27/2020. Reply/Response to Cross-Motion due by 5/11/2020. Motion Hearing reset for 6/15/2020 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. (mklS, COURT STAFF) (Filed on 3/24/2020) (Entered: 03/24/2020)
2020-04-2736OPPOSITION/RESPONSE to (re 25 MOTION for Summary Judgment ) filed by Will Evans, The Center for Investigative Reporting. (Attachments: # 1 Exhibit Exhibits (1 of 2), # 2 Exhibit Exhibits (2 of 2), # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Declaration, # 7 Proposed Order)(Baranetsky, Diana) (Filed on 4/27/2020) (Entered: 04/27/2020)
2020-05-1137OPPOSITION/RESPONSE to (re 25 CROSS-MOTION for Summary Judgment ) and Reply Brief in Support of Motion for Summary Judgment filed by United States Department of Labor. (Johann, Pamela) (Filed on 5/11/2020) (Entered: 05/11/2020)
2020-05-1138Declaration of Heather MacDougall in Support of 37 Opposition/Response to Motion filed byUnited States Department of Labor. (Related document(s) 37 ) (Johann, Pamela) (Filed on 5/11/2020) (Entered: 05/11/2020)
2020-05-1239Supplemental Declaration of Pamela Johann in Support of re 37 Opposition/Response to Motion for Summary Judgment filed by United States Department of Labor. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 37 ) (Johann, Pamela) (Filed on 5/12/2020) (Entered: 05/12/2020)
2020-05-1240EXHIBITS to re 38 Declaration in Support filed by United States Department of Labor. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 38 ) (Johann, Pamela) (Filed on 5/12/2020) (Entered: 05/12/2020)
2020-05-2641SURREPLY to Defendant's Reply (re 25 MOTION for Summary Judgment ) and REPLY in Support of Cross-Motion for Summary Judgment filed by Will Evans, The Center for Investigative Reporting. (Attachments: # 1 Declaration Baranetsky Decl., # 2 Exhibit Baranetsky Exhibits, # 3 Declaration Evans Decl., # 4 Exhibit Evans Exhibits, # 5 Declaration Marria Decl., # 6 Exhibit Marria Exhibits, # 7 Declaration Shor Decl., # 8 Declaration Steiger Decl.)(Baranetsky, Diana) (Filed on 5/26/2020) (Entered: 05/26/2020)
2020-05-2842AMENDED SURREPLY (re 25 MOTION for Summary Judgment ) CORRECTED filed by Will Evans, The Center for Investigative Reporting. (Attachments: # 1 Declaration Baranetsky Decl., # 2 Exhibit Baranetsky Exhibits, # 3 Declaration Evans Decl., # 4 Exhibit Evans Exhibits, # 5 Declaration Marria Decl., # 6 Exhibit Marria Exhibits, # 7 Declaration Shor Decl., # 8 Declaration Steiger Decl.)(Baranetsky, Diana) (Filed on 5/28/2020) (Entered: 05/28/2020)
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