| Date Filed | Doc # | Docket Text |
|
| 2016-01-07 | 1 | COMPLAINT against Centers for Disease Control & Prevention ( Filing fee $ 400 receipt number 0975-1652674.), filed by Civil Beat Law Center for the Public Interest, Inc.. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Black, Robert) (Entered: 01/07/2016) |
| 2016-01-07 | 2 | Summons (Proposed) (Black, Robert) (Entered: 01/07/2016) |
| 2016-01-07 | 3 | NOTICE of Case Assignment to CHIEF U.S. DISTRICT JUDGE J. MICHAEL SEABRIGHT and U.S. MAGISTRATE JUDGE KEVIN S.C. CHANG. Please reflect Civil case number CV 16-00008-JMS-KSC on all further pleadings . (afc) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (Entered: 01/07/2016) |
| 2016-01-07 | 4 | Corporate Disclosure Statement by Civil Beat Law Center for the Public Interest, Inc.. (Black, Robert) (Entered: 01/07/2016) |
| 2016-01-07 | 5 | Order Setting Rule 16 Scheduling Conference for 09:00AM on 4/11/2016 before MAGISTRATE JUDGE KEVIN S.C. CHANG. (Attachments: # 1 Corporate Disclosure Memo) Signed by CHIEF U.S. DISTRICT JUDGE J. MICHAEL SEABRIGHT on 1/7/2016. (afc) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO re: CORPORATE DISCLOSURE STATEMENTS MUST BE SERVED WITH THE DOCUMENT. (Entered: 01/07/2016) |
| 2016-01-07 | 6 | SUMMONS IN A CIVIL ACTION - Issued as to Centers for Disease Control & Prevention, U.S. Attorney and U.S. Attorney General. (afc) (Entered: 01/07/2016) |
| 2016-01-07 | 7 | CIVIL Waiver of Service Packet: (Attachments: NOTICE to Parties regarding service pursuant to Fed.R.Civ.P. 4 and: # 1 AO 398 form: Notice of a Lawsuit and Request to Waive Service of a Summons, # 2 AO 399 form: Waiver of the Service of Summons) (afc) (Entered: 01/07/2016) |
| 2016-01-29 | 8 | SUMMONS Returned Executed by Civil Beat Law Center for the Public Interest, Inc.. Centers for Disease Control & Prevention served on 1/13/2016, answer due 3/14/2016. (Black, Robert) (Entered: 01/29/2016) |
| 2016-02-12 | 9 | ANSWER to 1 Complaint, Defendant United States of America's Answer to Complaint; Certificate of Service by Civil Beat Law Center for the Public Interest, Inc..(Moriyama, Rachel) (Entered: 02/12/2016) |
| 2016-03-25 | 10 | REPORT of Planning Meeting . (Attachments: # 1 Certificate of Service Certificate of Service)(Black, Robert) (Entered: 03/25/2016) |
| 2016-04-04 | 11 | Scheduling Conference Statement . (Attachments: # 1 Certificate of Service)(Black, Robert) (Entered: 04/04/2016) |
| 2016-04-05 | 12 | Scheduling Conference Statement DEFENDANT'S RULE 16 SCHEDULING CONFERENCE STATEMENT; CERTIFICATE OF SERVICE . (Moriyama, Rachel) (Entered: 04/05/2016) |
| 2016-04-11 | 13 | EP: Rule 16 Scheduling Conference held on 4/11/2016. A Rule 16 scheduling Order will be issued and filed. Non Jury Trial set for 4/11/2017 at 09:00 AM before CHIEF JUDGE J. MICHAEL SEABRIGHT. Final Pretrial Conference set for 2/28/2017 at 09:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. Settlement Conference set for 1/11/2017 at 10:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. Status Conference set for 5/18/2016 at 09:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. File Dispositive Motions by 11/9/2016. Discovery Deadline 2/10/2017. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, ) No COS issued for this docket entry (Entered: 04/12/2016) |
| 2016-04-12 | 14 | RULE 16 SCHEDULING ORDER: Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 4/12/2016. (afc) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/12/2016) |
| 2016-05-11 | 15 | MOTION for Summary Judgment Defendant's Motion for Summary Judgment; Memorandum in Support of Motion for Summary Judgment; Declaration of Bruno Viana; Exhibits A-F; Declaration of Dr. Daniel M. Sosin; Certificate of Service Rachel S. Moriyama appearing for Defendant Centers for Disease Control & Prevention (Attachments: # 1 Memorandum in Support of Motion for Summary Judgment, # 2 Declaration of Bruno Viana, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Declaration of Dr. Daniel M. Sosin)(Moriyama, Rachel) (Entered: 05/11/2016) |
| 2016-05-11 | 16 | CONCISE STATEMENT in Support re 15 MOTION for Summary Judgment Defendant's Motion for Summary Judgment; Memorandum in Support of Motion for Summary Judgment; Declaration of Bruno Viana; Exhibits A-F; Declaration of Dr. Daniel M. Sosin; Certificate of Service Defendant's Concise Statement of Facts in Support of Motion for Summary Judgment; Certificate of Service filed by Centers for Disease Control & Prevention. (Moriyama, Rachel) (Entered: 05/11/2016) |
| 2016-05-11 | 17 | EO: Status Conference set for 5/18/2016 before Magistrate Judge Kevin Chang is hereby vacated. Motion for Summary Judgment on behalf of Defendant Centers for Disease Control and Prevention was filed today. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 05/11/2016) |
| 2016-05-12 | 18 | NOTICE of Hearing on Motion: 15 Defendant's Motion for Summary Judgment set for 7/5/2016 at 10:00 AM in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. (shm, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 05/12/2016) |
| 2016-05-20 | 19 | EO: By letter dated May 20, 2016, Defendant seeks a continuance of the briefing schedule and July 5, 2016 hearing on its Motion for Summary Judgment. For the reasons set forth in the letter, the request is GRANTED in part. The July 5, 2016 hearing is continued to July 18, 2016 at 11:00 a.m. Plaintiff's Opposition is due June 23, 2016, and Defendant's optional Reply is due July 5, 2016. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(tl, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 05/20/2016) |
| 2016-05-20 | 20 | Letter addressed to Chief Judge J. Michael Seabright from Rachel S. Moriyama, AUSA, dated May 20, 2016 Re: Request for new hearing date for Defendant's Motion for Summary Judgment, currently set for July 5, 2016, re 19 . (emt, ) (Entered: 05/20/2016) |
| 2016-06-23 | 21 | Counter MOTION for Summary Judgment Robert B. Black appearing for Plaintiff Civil Beat Law Center for the Public Interest, Inc. (Attachments: # 1 Memorandum Combined Memorandum in Support of Counter Motion for Summary Judgment and in Opposition to Motion for Summary Judgment [Dkt. 15], # 2 Declaration Declaration of R. Brian Black, # 3 Exhibit Exhibit 1 - Select Agent List, # 4 Exhibit Exhibit 2 - BSL-3 Verification Policy Statement, # 5 Exhibit Exhibit 3 - Excerpts from BMBL, # 6 Exhibit Exhibit 4 - UH Institutional Biosafety Committee, # 7 Exhibit Exhibit 5 - BSL-3 Biocontainment Core NIH Grant, # 8 Exhibit Exhibit 6 - UH Dep't of Tropical Medicine, Medical Microbiology & Pharmacology Facilities, # 9 Exhibit Exhibit 7 - DHHS Organizational Chart, # 10 Exhibit Exhibit 8 - Lehrer NIH Grant, # 11 Exhibit Exhibit 9 - Walpita NIH Grant, # 12 Exhibit Exhibit 10 - Hoang NIH Grant, # 13 Exhibit Exhibit 11 - Hoang NIH Grant, # 14 Exhibit Exhibit 12 - Nichols NIH Grant, # 15 Exhibit Exhibit 13 - Douglas webpage, # 16 Exhibit Exhibit 14 - Jameson webpage, # 17 Exhibit Exhibit 15 - Excerpts from NSTC Fast Track Action Committee Report, # 18 Exhibit Exhibit 16 - White House Memorandum, # 19 Exhibit Exhibit 17 - 11/30/15 CDC Letter to Alison Young, # 20 Certificate of Service)(Black, Robert) (Entered: 06/23/2016) |
| 2016-06-23 | 22 | CONCISE STATEMENT of Facts re 21 Counter MOTION for Summary Judgment , and RESPONSE to Defendant's 16 Concise Statement in Support of Motion for Summary Judgment - filed by Civil Beat Law Center for the Public Interest, Inc.. (Attachments: # 1 Certificate of Service)(Black, Robert) Docket text entry modified on 6/24/2016 (afc). (Entered: 06/23/2016) |
| 2016-06-29 | 23 | NOTICE of Hearing on Motion 21 Plaintiff's Counter Motion for Summary Judgment is set for 7/18/2016 at 11:00 AM in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. (shm, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 06/29/2016) |
| 2016-07-05 | 24 | REPLY re 21 Counter MOTION for Summary Judgment Defendant's Combined Memorandum In Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment and in Opposition to Plaintiff's Counter Motion for Summary Judgment; Supplemental Declaration of Bruno Viana; Exhibits 1 - 2; Certification of Word Count; Certificate of Service filed by Centers for Disease Control & Prevention. (Attachments: # 1 Supplemental Declaration of Bruno Viana, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Certification of Word Count)(Moriyama, Rachel) (Entered: 07/05/2016) |
| 2016-07-05 | 25 | RESPONSE re 22 Concise Statement of Facts, Defendant's Response to Plaintiff's Concise Statement of Facts in Support of Counter Motion for Summary Judgment filed by Centers for Disease Control & Prevention. (Moriyama, Rachel) (Entered: 07/05/2016) |
| 2016-07-11 | 26 | REPLY re 21 Counter MOTION for Summary Judgment filed by Civil Beat Law Center for the Public Interest, Inc.. (Attachments: # 1 Declaration Reply Declaration of R. Brian Black, # 2 Exhibit Exhibit 18 - CDCzilla Directory, # 3 Exhibit Exhibit 19 - About Govzilla, # 4 Exhibit Exhibit 20 - Results FedSmith Federal Pay Database, # 5 Exhibit Exhibit 21 - FedSmith Data Source, # 6 Certificate of Service Certification of Word Count, # 7 Certificate of Service)(Black, Robert) (Entered: 07/11/2016) |
| 2016-07-18 | 27 | EP: Hearing on 15 Defendant's Motion for Summary Judgment and 21 Plaintiff's Counter Motion for Summary Judgment held. Oral arguments heard. Parties shall submit a statement regarding their position regarding the applicability of FOIA amendments by 7/22/2016. 15 Defendant's Motion for Summary Judgment - TAKEN UNDER ADVISEMENT. 21 Plaintiff's Counter Motion for Summary Judgment - TAKEN UNDER ADVISEMENT. Court will issue written order or request an in camera review. (Court Reporter Cynthia Fazio.) (CHIEF JUDGE J. MICHAEL SEABRIGHT)(shm, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 07/18/2016) |
| 2016-07-18 | 28 | STATEMENT re 21 Counter MOTION for Summary Judgment , 15 MOTION for Summary Judgment Defendant's Motion for Summary Judgment; Memorandum in Support of Motion for Summary Judgment; Declaration of Bruno Viana; Exhibits A-F; Declaration of Dr. Daniel M. Sosin; Certificate of Service filed by Civil Beat Law Center for the Public Interest, Inc.. (Attachments: # 1 Certificate of Service)(Black, Robert) (Entered: 07/18/2016) |
| 2016-07-19 | 29 | STATEMENT Defendant's Statement Regarding Applicability of 2016 FOIA Amendments; Certificate of Service filed by Centers for Disease Control & Prevention. (Moriyama, Rachel) (Entered: 07/19/2016) |
| 2016-07-20 | 30 | ORDER REQUIRING SUPPLEMENTAL DECLARATIONS AND ALLOWING SUPPLEMENTAL BRIEFING. Signed by CHIEF U.S. DISTRICT JUDGE J. MICHAEL SEABRIGHT on 7/20/2016. (afc) The court orders the CDC to provide further supplemental declarations; supplemental declarations must be filed by August 3, 2016. re: 21 CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). All participants are registered to receive electronic notifications. (Entered: 07/20/2016) |
| 2016-08-03 | 31 | RESPONSE re 15 MOTION for Summary Judgment Defendant's Motion for Summary Judgment; Memorandum in Support of Motion for Summary Judgment; Declaration of Bruno Viana; Exhibits A-F; Declaration of Dr. Daniel M. Sosin; Certificate of Service Defendant's Response to Court's July 20, 2016 Order Requiring Supplemental Declarations and Allowing Supplemental Briefing (Doc. 30) and Certificate of Service filed by Centers for Disease Control & Prevention. (Attachments: # 1 Declaration Second Supplemental Declaration of Bruno Viana, # 2 Declaration Supplemental Declaration of Dr. Daniel M. Sosin, # 3 Declaration of Caroline McDonald, # 4 Declaration of Cheri Gatland-Lightner)(Moriyama, Rachel) Modified on 8/3/2016 to link to 30 (eps ). (Entered: 08/03/2016) |
| 2016-08-10 | 32 | SUPPLEMENTAL MEMORANDUM in Support re 21 Counter MOTION for Summary Judgment, and in OPPOSITION to 15 MOTION for Summary Judgment Defendant's Motion for Summary Judgment; Memorandum in Support of Motion for Summary Judgment; Declaration of Bruno Viana; Exhibits A-F; Declaration of Dr. Daniel M. Sosin; Certificate of Service filed by Civil Beat Law Center for the Public Interest, Inc.. (Attachments: # 1 Certificate of Service)(Black, Robert) Docket text entry modified on 8/11/2016 (afc). (Entered: 08/10/2016) |
| 2016-08-15 | 33 | EO: Defendant Centers for Disease Control and Prevention's ("CDC") response to the court's July 20, 2016 order declared for the first time that "[t]he section of the document identified as an 'inspection report' with the heading 'Attachment 1: BSL-3/ABSL-3 Initial HVAC Verification Policy' (Doc. No. 24-2 at PageID#s 294-96) is available to the public on the Federal Select Agent Program website." Doc. No. 31-2, Second Supp. Decl. of Daniel M. Sosin 12. In response, Plaintiff argues that "[t]he CDC apparently concedes that it improperly redacted the identity of personnel referenced in Attachment 1 to the inspection report." Doc. No. 32 at 13. Based on the current record, the court is inclined to agree with Plaintiff as to the CDC's redactions on PageID# 296 made pursuant to FOIA Exemption 6. That is, according to the CDC's own declaration, it appears that the information on Page ID# 296 redacted pursuant to FOIA Exemption 6 has been made publicly available on the Federal Select Agent Program website. The court recognizes, however, that the CDC has not had an opportunity to respond to Plaintiff's allegations. Accordingly, the CDC is ordered to explain why the court should not grant Plaintiff's motion as to the redactions on PageID# 296 made pursuant to FOIA Exemption 6 no later than August 17, 2016. Briefing is limited to three pages and no extension will be granted. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(shm, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 08/15/2016) |
| 2016-08-17 | 34 | RESPONSE re 33 : Defendant's Response to Court's August 15, 2016 Minute Order (Doc. No. 33); Exhibit "3"; Certificate of Service filed by Centers for Disease Control & Prevention. (Attachments: # 1 Exhibit 3)(Moriyama, Rachel) Docket text entry modified on 8/17/2016: extraneous text and punctuation deleted. (afc). (Entered: 08/17/2016) |
| 2016-08-30 | 35 | ORDER: (1) GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 15 ; AND (2) GRANTING IN PART AND DENYING IN PART PLAINTIFF'S COUNTER-MOTION FOR SUMMARY JUDGMENT 21 . Signed by CHIEF U.S. DISTRICT JUDGE J. MICHAEL SEABRIGHT on 8/30/2016. (afc) "The CDC is ordered to produce to Plaintiff a properly redacted version of Page ID# 296 by September 12, 2016. The Clerk of Court is ordered to close this case." Page ID# 296: See doc. 24 -2 (Exhibit 1 to CDC's Reply re: Counter Motion for SJ) Order follows hearing held July 18, 2016 on SJ motions. Minutes of hearing: 27 . CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 08/30/2016) |
| 2016-08-30 | 36 | JUDGMENT IN A CIVIL CASE re: ORDER 35 . (afc) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 08/30/2016) |
| 2016-09-08 | 37 | RESPONSE re 35 Order on Motion for Summary Judgment,,,,,,,,, Defendant's Confirmation of It's Compliance With Court's August 30, 2016 Order (Doc. No. 35); Declaration of Rachel S. Moriyama; Exhibit "4"; Certificate of Service filed by Centers for Disease Control & Prevention. (Attachments: # 1 Declaration of Rachel S. Moriyama, # 2 Exhibit "4")(Moriyama, Rachel) (Entered: 09/08/2016) |
| 2016-09-13 | 38 | MOTION for Attorney Fees and Costs Robert B. Black appearing for Plaintiff Civil Beat Law Center for the Public Interest, Inc. (Attachments: # 1 Memorandum, # 2 Declaration Declaration of R. Brian Black, # 3 Exhibit Exhibit 1 - Amended and Restated Articles of Incorporation, # 4 Exhibit Exhibit 2 - Time Entries, # 5 Exhibit Exhibit 3 - PBN 2014 Book of Lists Excerpt, # 6 Exhibit Exhibit 4 - 2014 Fees Order by Judge Sakamoto, # 7 Exhibit Exhibit 5 - 2012 Fees Order by Judge Sakamoto, # 8 Exhibit Exhibit 6 - Costs Summary and Documentation, # 9 Declaration Declaration of Paul Alston, # 10 Certificate of Service)(Black, Robert) (Entered: 09/13/2016) |
| 2016-09-14 | 39 | STATEMENT of Consultation re 38 MOTION for Attorney Fees and Costs filed by Civil Beat Law Center for the Public Interest, Inc.. (Attachments: # 1 Certificate of Service)(Black, Robert) (Entered: 09/14/2016) |
| 2016-09-15 | 40 | NOTICE by Civil Beat Law Center for the Public Interest, Inc. re 39 Statement of Consultation Civil Beat Law Center for the Public Interest, Inc.. (Attachments: # 1 Certificate of Service)(Black, Robert) (Entered: 09/15/2016) |
| 2016-09-23 | 41 | STATEMENT of Consultation re 38 MOTION for Attorney Fees and Costs filed by Civil Beat Law Center for the Public Interest, Inc.. (Attachments: # 1 Certificate of Service)(Black, Robert) (Entered: 09/23/2016) |
| 2016-10-07 | 42 | MEMORANDUM in Opposition re 38 MOTION for Attorney Fees and Costs Defendant's Memorandum In Opposition To Plaintiff's Motion For Attorney's Fees and Costs (Doc. No. 38); Certificate of Service filed by Centers for Disease Control & Prevention. (Moriyama, Rachel) (Entered: 10/07/2016) |
| 2016-10-21 | 43 | REPLY re 38 MOTION for Attorney Fees and Costs filed by Civil Beat Law Center for the Public Interest, Inc.. (Attachments: # 1 Declaration Reply Declaration of R. Brian Black, # 2 Exhibit 7 - Time Entries, # 3 Certificate of Service Certification of Word Count, # 4 Certificate of Service)(Black, Robert) (Entered: 10/21/2016) |
| 2016-10-26 | 44 | NOTICE OF APPEAL as to 36 Judgment, by Civil Beat Law Center for the Public Interest, Inc. Filing fee $ 505, receipt number 0975-1783351. (Attachments: # 1 Supplement Representation Statement, # 2 Certificate of Service)(Black, Robert) 9CCA no. 16-16960 Docket entry modified on 10/27/2016 to reference USCA case number (afc). (Entered: 10/26/2016) |
| 2016-10-27 | 45 | USCA Case Number 16-16960 for 44 Notice of Appeal filed by Civil Beat Law Center for the Public Interest, Inc. (afc) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 10/27/2016) |
| 2016-10-27 | 46 | USCA TIME SCHEDULE ORDER as to 44 Notice of Appeal filed by Civil Beat Law Center for the Public Interest, Inc. (9CCA no. 16-16960) (afc) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 10/27/2016) |
| 2016-10-27 | 47 | Attorney Appeal Packet re: 44 Notice of Appeal filed by Civil Beat Law Center for the Public Interest. 9CCA no. 16-16960. (Attachments: # 1 Notice of Appeal, # 2 District Court Instructions; Transcript Desigation & Ordering form, # 3 Docket Sheet) (afc) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 10/27/2016) |
| 2016-10-28 | 48 | TRANSCRIPT REQUEST by Civil Beat Law Center for the Public Interest, Inc. for proceedings held on 7/18/2016 before Judge J. Michael Seabright.. (Attachments: # 1 Certificate of Service)(Black, Robert) (Entered: 10/28/2016) |
| 2016-11-30 | 49 | TRANSCRIPT of Proceedings 15 DEFT'S M/SJ; 21 PLTFF'S COUNTER M/SJ held on 7/18/16 - before Judge J. MICHAEL SEABRIGHT. Court Reporter Cynthia Fazio, Telephone number (808) 541-2063. 90-Day Transcript Restriction: PACER access to filed transcripts is restricted for 90 days from the file date to permit redaction of personal identifiers. Citations to restricted transcripts in filed documents must be limited to those portions of the proceedings that are relevant and in need of judicial review. Attaching restricted transcripts, in their entirety, to filed documents should be limited to situations with specific need. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Redaction Request due 12/19/2016. Redacted Transcript Deadline set for 12/28/2016. Release of Transcript Restriction set for 2/25/2017. (30 pp.) (cf@hid.uscourts.gov) (Entered: 11/30/2016) |
| 2016-12-27 | 50 | EO: Defendant is directed to submit supplemental briefing regarding Plaintiff's entitlement to attorneys' fees. In particular, the Court would like Defendant to focus on the catalyst theory and whether extrinsic factors, rather than this lawsuit, caused the release of the documents. Defendant should discuss factors such as whether it made a good faith effort to search out material and pass on whether it should be disclosed; whether the scope of the request caused delay in disclosure; whether the agency was burdened with other duties that delayed its response; and whether Plaintiff was entitled to the requested records at an earlier time. Defendant's supplemental brief is due by 1/10/17 and should not exceed 5 pages. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 12/27/2016) |
| 2017-01-10 | 51 | MEMORANDUM in Opposition re 38 MOTION for Attorney Fees and Costs Defendant's Supplemental Memorandum In Opposition To Plaintiff's Motion For Attorney's Fees and Costs (Doc. No. 38); Certificate of Service filed by Centers for Disease Control & Prevention. (Moriyama, Rachel) (Entered: 01/10/2017) |
| 2017-01-31 | 52 | FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART PLAINTIFF'S MOTION FOR ATTORNEY'S FEES AND COSTS re: 38 . Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 1/31/2017. (afc) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). All participants are registered to receive electronic notifications. (Entered: 01/31/2017) |
| 2017-02-16 | 53 | ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION, ECF NO. 52 . Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 2/16/2017. (afc) Order adopts the "Findings and Recommendation to Grant in Part and Deny in Part Plaintiff's Motion for Attorney's Fees and Costs" CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/16/2017) |
| 2018-10-05 | 54 | ORDER of USCA as to 44 Notice of Appeal, filed by Civil Beat Law Center for the Public Interest, Inc., 9CCA 16-16960. "The appellant's motion to strike the addendum attached to the appellee's brief (Docket No. 21) is DENIED. The report contained in the addendum was cited and discussed before the district court and is therefore part of the record on appeal. See Fed. R. App. P. 10(a)(1); see also 9th Cir. R. 10-2. (afc) (Entered: 10/05/2018) |
| 2019-07-10 | 55 | USCA OPINION as to 44 Notice of Appeal, filed by Civil Beat Law Center for the Public Interest, Inc.; 9CCA No. 16-16960 Before: Kim McLane Wardlaw, Marsha S. Berzon, and Johnnie B. Rawlinson, Circuit Judges; Opinion by Judge Berzon: We dismiss as moot that part of the appeal pertaining to the disclosure of the specific regulatory violations and vacate those portions of the district court's order. We affirm the district court's grant of summary judgment as to the withholding under Exemption 6 of the identity and contact information of CDC employees involved in the UH biolab inspection. Finally, we reverse the district court's grant of summary judgment to the CDC on the BPRA public endangerment exemption and remand to the district court for further proceedings consistent with this opinion. DISMISSED in part, VACATED in part, AFFIRMED in part, REVERSED in part, and REMANDED . (Attachments: # 1 Attachment, # 2 Post Judgment Form) (jo) (Entered: 07/10/2019) |
| 2019-09-03 | 56 | MANDATE of USCA as to 44 Notice of Appeal, filed by Civil Beat Law Center for the Public Interest, Inc.; 9CCA No. 16-16960 The judgment of this Court, entered July 10, 2019, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (jo) (Entered: 09/03/2019) |
| 2019-09-04 | 57 | NOTICE of Case Reassignment; Case reassigned to MAGISTRATE JUDGE ROM TRADER for all further Magistrate Judge proceedings. MAGISTRATE JUDGE KEVIN S.C. CHANG no longer assigned to case Please reflect Civil case number 1:16-cv-00008-JMS-RT on all further pleadings . (mta, ) (Entered: 09/04/2019) |
| 2019-09-04 | 58 | EO: The Court schedules a Status Conference for 9/10/2019 09:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. (MAGISTRATE JUDGE ROM TRADER)(tbf, ) (Entered: 09/04/2019) |
| 2019-09-10 | 59 | EP: Status Conference - Discussion had re: 9th Circuit Court of Appeals opinion that was filed on 7/10/19. Ms. Moriyama to confer with her client. Parties to have a discussion. A Telephone Status Conference is set for 10/9/19 @ 9:30 a.m. to discuss the parties' positions. Status Conference is set for 10/9/2019 09:30 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. (Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(tbf, ) (Entered: 09/10/2019) |
| 2019-10-09 | 60 | EP: Telephone Status Conference - Discussion had. Parties are trying to reach a global resolution of this case that includes the remand issues and the pending attorney fees filed in the 9th Circuit Court of Appeals. Parties have agreed to stay all litigation in the 9th Circuit Court case and the District Court case, and will be filing a joint or stipulated motion. A Status Conference by Telephone is set for 11/22/19 @ 9:00 a.m. Telephone Conference is set for 11/22/2019 09:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. (Court Reporter No Record.) (MAGISTRATE JUDGE ROM TRADER)(tbf, ) (Entered: 10/09/2019) |
| 2019-11-21 | 61 | EO: Pursuant to counsels' request, the Telephone Conference set for 11/22/19 @ 9:00 AM is continued to 12/19/2019 09:00 AM in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. Parties are negotiating settlement. (MAGISTRATE JUDGE ROM TRADER)(tbf, ) (Entered: 11/21/2019) |
| 2019-12-18 | 62 | EO: Pursuant to Rachel Moriyama's request, and by agreement of counsel, the Telephone Conference is set for 12/19/2019 at 09:00 a.m. is continued to 1/31/2020 09:00 a.m. in Courtroom 5 before MAGISTRATE JUDGE ROM TRADER. (MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 12/18/2019) |
| 2020-01-30 | 63 | EO: Pursuant to Counsel's, the Telephone Conference set for 01/31/2020 at 9:00 a.m. before Magistrate Judge Trader is vacated. (MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 01/30/2020) |
| 2020-01-30 | 64 | AMENDED EO: Pursuant to Counsel's request , the Telephone Conference set for 01/31/2020 at 9:00 a.m. before Magistrate Judge Trader is vacated. (MAGISTRATE JUDGE ROM TRADER)(jp) (Entered: 01/31/2020) |
| 2020-01-31 | 65 | STIPULATION FOR COMPROMISE SETTLEMENT; ORDER; EXHIBITS "A"-"B" - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 1/31/2020. (jo) (Entered: 01/31/2020) |
| 2020-02-06 | 66 | STIPULATION FOR DISMISSAL WITH PREJUDICE; ORDER by Centers for Disease Control & Prevention - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 2/6/2020. (jo) (Entered: 02/06/2020) |
| 2020-02-24 | 67 | MANDATE of USCA as to 44 Notice of Appeal, filed by Civil Beat Law Center for the Public Interest, Inc.; USCA No. 16-16960 Appellant's motion to dismiss this appeal is GRANTED. Fed. R. App. P. 42(b). Except as otherwise provided in the Stipulation for Compromise Settlement, the parties shall each bear their own attorney's fees and costs. This order shall constitute the mandate of this court. (jo) (Entered: 02/24/2020) |
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