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Case TitleSierra Club v. United States Securities and Exchange Commission
DistrictNorthern District of California
CityOakland
Case Number4:2019cv06971
Date Filed2019-10-24
Date Closed2021-03-02
JudgeJudge Saundra Brown Armstrong
PlaintiffSierra Club
Case DescriptionThe Sierra Club submitted a FOIA request to the Securities and Exchange Commission for records concerning the agency's attempts to block shareholder proposals on issues like climate change. The Sierra Club also requested a fee waiver. The agency acknowledged receipt of the request and granted Sierra Club's request for a fee waiver. The agency estimated that there were more than 200,000 potentially responsive emails and estimated it would take more than three years to complete the request. After hearing nothing further from the agency, the Sierra Club filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

DefendantUnited States Securities and Exchange Commission
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-10-241COMPLAINT against United States Securities and Exchange Commission ( Filing fee $ 400, receipt number 0971-13821583.). Filed bySierra Club. (Attachments: # 1 Exhibit A-V, # 2 Civil Cover Sheet)(Swearingen, Van) (Filed on 10/24/2019) (Entered: 10/24/2019)
2019-10-242Case assigned to Magistrate Judge Kandis A. Westmore. 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 11/7/2019. (ajsS, COURT STAFF) (Filed on 10/24/2019) (Entered: 10/24/2019)
2019-10-243**RE-FILED AT DOCKET NO. 4 ** Proposed Summons. (Swearingen, Van) (Filed on 10/24/2019) Modified on 10/24/2019 (jjbS, COURT STAFF). (Entered: 10/24/2019)
2019-10-244Proposed Summons. (Swearingen, Van) (Filed on 10/24/2019) (Entered: 10/24/2019)
2019-10-245Certificate of Interested Entities by Sierra Club (Swearingen, Van) (Filed on 10/24/2019) (Entered: 10/24/2019)
2019-10-246Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/21/2020. Initial Case Management Conference set for 1/28/2020 01:30 PM. (jjbS, COURT STAFF) (Filed on 10/24/2019) (Entered: 10/24/2019)
2019-10-247Summons Issued as to United States Securities and Exchange Commission.(jjbS, COURT STAFF) (Filed on 10/24/2019) (Entered: 10/24/2019)
2019-11-068CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Sierra Club.. (Swearingen, Van) (Filed on 11/6/2019) (Entered: 11/06/2019)
2019-11-119PROOF OF SERVICE on an Agency or Corporation of the United States by Sierra Club (Swearingen, Van) (Filed on 11/11/2019) Modified on 11/12/2019 (jjbS, COURT STAFF). (Entered: 11/11/2019)
2019-11-2610NOTICE of Appearance by Kevin Dean Solonsky (Solonsky, Kevin) (Filed on 11/26/2019) (Entered: 11/26/2019)
2019-11-2711ANSWER to 1 Complaint by United States Securities and Exchange Commission. (Solonsky, Kevin) (Filed on 11/27/2019) Modified on 12/2/2019 (jjbS, COURT STAFF). (Entered: 11/27/2019)
2019-12-0212CLERK'S NOTICE Re: Consent or Declination: Defendant 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 12/16/2019. (dtmS, COURT STAFF) (Filed on 12/2/2019) (Entered: 12/02/2019)
2019-12-1613CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Securities and Exchange Commission.. (Solonsky, Kevin) (Filed on 12/16/2019) (Entered: 12/16/2019)
2019-12-1614CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (shyS, COURT STAFF) (Filed on 12/16/2019) (Entered: 12/16/2019)
2019-12-1715ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Saundra Brown Armstrong for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case. Signed by the Clerk on 12/17/2019. (ajsS, COURT STAFF) (Filed on 12/17/2019) (Entered: 12/17/2019)
2019-12-1716CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASE. Joint Case Management Statement due by 1/29/2020. Telephonic Case Management Conference set for 2/5/2020 02:30 PM. Signed by Judge Saundra Brown Armstrong on 12/17/19. (dtmS, COURT STAFF) (Filed on 12/17/2019) (Entered: 12/17/2019)
2019-12-1717NOTICE of Substitution of Counsel by Michael S. Nunez (Nunez, Michael) (Filed on 12/17/2019) (Entered: 12/17/2019)
2020-01-0718NOTICE to Court by Sierra Club re 6 Initial Case Management Scheduling Order with ADR Deadlines (Nunez, Michael) (Filed on 1/7/2020) Modified on 1/7/2020 (jmlS, COURT STAFF). (Entered: 01/07/2020)
2020-01-0819ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Solonsky, Kevin) (Filed on 1/8/2020) (Entered: 01/08/2020)
2020-01-1020ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Nunez, Michael) (Filed on 1/10/2020) (Entered: 01/10/2020)
2020-01-2921JOINT CASE MANAGEMENT STATEMENT filed by Sierra Club and U.S. Securities and Exchange Commission. (Nunez, Michael) (Filed on 1/29/2020) Modified on 1/29/2020 (jmlS, COURT STAFF). (Entered: 01/29/2020)
2020-02-0522Minute Entry for proceedings held before Judge Saundra Brown Armstrong: Telephonic Case Management Conference held on 2/5/2020. Further Case Management Conference set for 3/5/2020 at 02:45 PM in Oakland, Chambers. Case Management Statement due by 3/2/2020. Total Time in Court: 15 minutes. Court Reporter: Unreported. (tvnS, COURT STAFF) (Date Filed: 2/5/2020) (Entered: 02/06/2020)
2020-03-0223JOINT CASE MANAGEMENT STATEMENT filed by Sierra Club and U.S. Securities and Exchange Commission. (Swearingen, Van) (Filed on 3/2/2020) Modified on 3/3/2020 (jmlS, COURT STAFF). (Entered: 03/02/2020)
2020-03-0424CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. Notice is hereby given that the further telephonic case management conference previously set for 3/5/2020 at 2:45 p.m. will be heard on 3/12/2020 at 3:00 p.m. *Plaintiff's counsel is to set up the conference call with all the parties on the line and call chambers at (510) 879-3550. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amgS, COURT STAFF) (Filed on 3/4/2020) (Entered: 03/04/2020)
2020-03-1225Minute Entry for proceedings held before Judge Saundra Brown Armstrong: Telephonic Case Management Conference held on 3/12/2020. Further Telephonic Case Management Conference set for 4/16/2020 02:45 PM in Oakland, Chambers. Joint Case Management Statement due by 4/14/2020. FTR Time: Not Reported. (amgS, COURT STAFF) (Date Filed: 3/12/2020) (Entered: 03/13/2020)
2020-03-1826CLERK'S NOTICE CONTINUING FURTHER TELEPHONIC CASE MANAGEMENT CONFERENCE. In view of the current situation involving the COVID19 virus, notice is hereby given that the further telephonic case management conference previously set for 4/16/2020 at 2:45 p.m. will be heard on 5/28/2020 at 2:30 p.m. Plaintiff's counsel is to set up the conference call with all the parties on the line and call chambers at (510) 879-3550. No party shall contact chambers directly without prior authorization of the court. Joint Case Management Statement due by 5/21/2020. If the parties require a CMC prior to May 1, 2020 to address an exigent matter, please contact Judge Armstrong's CRD, Aris Garcia via e-mail at SBACRD@Cand.USCourts.gov to discuss. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amgS, COURT STAFF) (Filed on 3/18/2020) (Entered: 03/18/2020)
2020-04-2027CLERK'S NOTICE UPDATING TELEPHONIC FURTHER CASE MANAGEMENT CONFERENCE INSTRUCTIONS. Notice is hereby given that Counsel shall join the conference line (888) 684-8852 promptly at the date and time specified. The access code to join the conference is 7281326. Please be advised that conferences in other cases may precede and/or follow the conference scheduled in this case. When connecting, you may hear music and/or another conference; please be patient and wait for your case to be called before making an appearance. When your case management conference concludes, please exit without delay to clear the line for other proceedings. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amgS, COURT STAFF) (Filed on 4/20/2020) (Entered: 04/20/2020)
2020-05-2128JOINT CASE MANAGEMENT STATEMENT filed by Sierra Club and United States Securities and Exchange Commission. (Nunez, Michael) (Filed on 5/21/2020) Modified on 5/22/2020 (jmlS, COURT STAFF). (Entered: 05/21/2020)
2020-05-2229CLERK'S NOTICE CONTINUING FURTHER TELEPHONIC CASE MANAGEMENT CONFERENCE. Notice is hereby given that the further telephonic case management conference previously set for 5/28/2020 at 2:30 P.M. is continued to 7/9/2020 date at 2:30 p.m. Joint Case Management Statement due 7/2/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amgS, COURT STAFF) (Filed on 5/22/2020) (Entered: 05/22/2020)
2020-07-0230JOINT CASE MANAGEMENT STATEMENT filed by Sierra Club and United States Securities and Exchange Commission. (Nunez, Michael) (Filed on 7/2/2020) Modified on 7/6/2020 (jmlS, COURT STAFF). (Entered: 07/02/2020)
2020-07-0731CLERK'S NOTICE CONTINUING TELEPHONIC FURTHER CASE MANAGEMENT CONFERENCE. Notice is hereby given that the telephonic further case management conference previously set for 7/9/2020 at 2:30 p.m. is continued to 10/29/2020 at 2:30 p.m. A Joint Case Management Statement is due on 10/22/2020. Counsel shall join the conference line (888) 684-8852 promptly at the date and time specified. The access code to join the conference is 7281326. Please be advised that conferences in other cases may precede and/or follow the conference scheduled in this case. When connecting, you may hear music and/or another conference; please be patient and wait for your case to be called before making an appearance. When your case management conference concludes, please exit without delay to clear the line for other proceedings. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amgS, COURT STAFF) (Filed on 7/7/2020) (Entered: 07/07/2020)
2020-10-2032JOINT CASE MANAGEMENT STATEMENT filed by Sierra Club and United States Securities and Exchange Commission. (Nunez, Michael) (Filed on 10/20/2020) Modified on 10/20/2020 (jmlS, COURT STAFF). (Entered: 10/20/2020)
2020-10-2033CLERK'S NOTICE CONTINUING TELEPHONIC FURTHER CASE MANAGEMENT CONFERENCE. Notice is hereby given that the telephonic further case management conference previously set for 10/29/2020 at 2:30 p.m. is continued to 12/3/2020 at 2:30 p.m. A Joint Case Management Statement is due on 11/19/2020. Counsel shall join the conference line (888) 684-8852 promptly at the date and time specified. The access code to join the conference is 7281326. Please be advised that conferences in other cases may precede and/or follow the conference scheduled in this case. When connecting, you may hear music and/or another conference; please be patient and wait for your case to be called before making an appearance. When your case management conference concludes, please exit without delay to clear the line for other proceedings.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amgS, COURT STAFF) (Filed on 10/20/2020) (Entered: 10/20/2020)
2020-11-1734JOINT CASE MANAGEMENT STATEMENT Requesting Continuance and [Proposed] Order filed by Sierra Club and United States Securities and Exchange Commission. (Nunez, Michael) (Filed on 11/17/2020) Modified on 11/17/2020 (jmlS, COURT STAFF). (Entered: 11/17/2020)
2020-11-1735CLERK'S NOTICE CONTINUING TELEPHONIC FURTHER CASE MANAGEMENT CONFERENCE. Notice is hereby given that the telephonic further case management conference previously set for 12/3/2020 at 2:30 p.m. is continued to 1/20/2021 at 2:45 p.m. A Joint Case Management Statement is due on 1/13/2021. Counsel shall join the conference line (888) 684-8852 promptly at the date and time specified. The access code to join the conference is 7281326. Please be advised that conferences in other cases may precede and/or follow the conference scheduled in this case. When connecting, you may hear music and/or another conference; please be patient and wait for your case to be called before making an appearance. When your case management conference concludes, please exit without delay to clear the line for other proceedings. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amgS, COURT STAFF) (Filed on 11/17/2020) (Entered: 11/17/2020)
2021-01-1336JOINT CASE MANAGEMENT STATEMENT filed by Sierra Club and United States Securities and Exchange Commission. (Nunez, Michael) (Filed on 1/13/2021) Modified on 1/14/2021 (jmlS, COURT STAFF). (Entered: 01/13/2021)
2021-01-2037CLERK'S NOTICE CONTINUING TELEPHONIC FURTHER CASE MANAGEMENT CONFERENCE. Notice is hereby given that the telephonic further case management conference previously set for 1/20/2021 at 2:45 p.m. is continued to 3/4/2021 at 2:45 p.m. An Updated Joint Case Management Statement is due on 2/25/2021. Counsel shall join the conference line (888) 684-8852 promptly at the date and time specified. The access code to join the conference is 7281326. Please be advised that conferences in other cases may precede and/or follow the conference scheduled in this case. When connecting, you may hear music and/or another conference; please be patient and wait for your case to be called before making an appearance. When your case management conference concludes, please exit without delay to clear the line for other proceedings. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amgS, COURT STAFF) (Filed on 1/20/2021) (Entered: 01/20/2021)
2021-02-2438JOINT CASE MANAGEMENT STATEMENT filed by United States Securities and Exchange Commission, and Sierra Club. (Solonsky, Kevin) (Filed on 2/24/2021) Modified on 2/25/2021 (bnsS, COURT STAFF). (Entered: 02/24/2021)
2021-02-2539CLERK'S NOTICE CONTINUING TELEPHONIC FURTHER CASE MANAGEMENT CONFERENCE. Notice is hereby given that the telephonic further case management conference previously set for 3/4/2021 at 2:45 p.m. is continued to 3/31/2021 at 2:30 p.m. Counsel shall join the conference line (888) 684-8852 promptly at the date and time specified. The access code to join the conference is 7281326. Please be advised that conferences in other cases may precede and/or follow the conference scheduled in this case. When connecting, you may hear music and/or another conference; please be patient and wait for your case to be called before making an appearance. When your case management conference concludes, please exit without delay to clear the line for other proceedings. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amgS, COURT STAFF) (Filed on 2/25/2021) (Entered: 02/25/2021)
2021-03-0240STIPULATION Stipulation of Dismissal with Prejudice filed by Sierra Club. (Swearingen, Van) (Filed on 3/2/2021) (Entered: 03/02/2021)
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