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Case TitleThe Intercept et al v. Department of Defense et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2020cv07739
Date Filed2020-11-02
Date ClosedOpen
JudgeMagistrate Judge Sallie Kim
PlaintiffThe Intercept
PlaintiffLee Fang
Case DescriptionLee Fang, a reporter for The Intercept, submitted FOIA requests to the Department of Homeland Security and six other agencies for records concerning reports filed under the Intergovernmental Personnel Act for all officials appointed under the statute from January 2017 to the present. Fang also requested a fee waiver. The agencies acknowledged receipt of the requests but after hearing nothing further from the agency, Fang and The Intercept filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantDepartment of Defense
DefendantSecurities and Exchange Commission
DefendantDepartment of Homeland Security
DefendantOffice of Management and Budget
DefendantDepartment of Transportation
DefendantDepartment of Health and Human Services
DefendantInternal Revenue Service
DefendantDepartment of Treasury
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User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-11-021COMPLAINT for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. § 552 et seq. against All Defendants ( Filing fee $ 400, receipt number 0971-15145396.). Filed byLee Fang, The Intercept. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Civil Cover Sheet)(Burke, Thomas) (Filed on 11/2/2020) (Entered: 11/02/2020)
2020-11-022Proposed Summons. (Burke, Thomas) (Filed on 11/2/2020) (Entered: 11/02/2020)
2020-11-033Case 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 Standing orders can be downloaded from the court's web page at 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 11/17/2020. (haS, COURT STAFF) (Filed on 11/3/2020) (Entered: 11/03/2020)
2020-11-034Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/25/2021. Initial Case Management Conference set for 2/1/2021 01:30 PM in San Francisco, Courtroom C, 15th Floor. (Attachments: # 1 Standing Order, # 2 Standing Order)(msrS, COURT STAFF) (Filed on 11/3/2020) (Entered: 11/03/2020)
2020-11-04Electronic filing error . Please re-file in its entirety. Only named Defendants Re: 2 Proposed Summons filed by The Intercept, Lee Fang (msrS, COURT STAFF) (Filed on 11/4/ 2020) (Entered: 11/04/2020)
2020-11-055Proposed Summons. (Burke, Thomas) (Filed on 11/5/2020) (Entered: 11/05/2020)
2020-11-066Summons Issued as to Department of Defense, Department of Health and Human Services, Department of Homeland Security, Department of Transportation, Department of Treasury, Internal Revenue Service, Office of Management and Budget, Securities and Exchange Commission. (msrS, COURT STAFF) (Filed on 11/6/2020) (Entered: 11/06/2020)
2020-11-207CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge by 12/4/2020. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: (mklS, COURT STAFF) (Filed on 11/20/2020) (Entered: 11/20/2020)
2020-11-208CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lee Fang, The Intercept.. (Burke, Thomas) (Filed on 11/20/2020) (Entered: 11/20/2020)
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by FOIA Project Staff
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