| Date Filed | Doc # | Docket Text |
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| 2018-01-19 | 1 | COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-5293649) filed by PUBLIC CITIZEN FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Sherman, Sean) (Entered: 01/19/2018) |
| 2018-01-19 | | Case Assigned to Judge Emmet G. Sullivan. (zmd) (Entered: 01/22/2018) |
| 2018-01-21 | 2 | NOTICE of Appearance by Michael T. Kirkpatrick on behalf of All Plaintiffs (Kirkpatrick, Michael) (Entered: 01/21/2018) |
| 2018-01-22 | 3 | SUMMONS (4) Issued Electronically as to OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 01/22/2018) |
| 2018-01-23 | 4 | STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 01/23/18. (Attachment: # 1 Exhibit 1) (mac) (Entered: 01/23/2018) |
| 2018-02-01 | 5 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/22/2018. Answer due for ALL FEDERAL DEFENDANTS by 2/21/2018. (Sherman, Sean) (Entered: 02/01/2018) |
| 2018-02-01 | 6 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/29/2018. (Sherman, Sean) (Entered: 02/01/2018) |
| 2018-02-01 | 7 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION served on 1/29/2018 (Sherman, Sean) (Entered: 02/01/2018) |
| 2018-02-01 | 8 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF LABOR served on 1/29/2018 (Sherman, Sean) (Entered: 02/01/2018) |
| 2018-02-21 | 9 | NOTICE of Appearance by Jason Todd Cohen on behalf of All Defendants (Cohen, Jason) (Entered: 02/21/2018) |
| 2018-02-21 | 10 | ANSWER to 1 Complaint by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR.(Cohen, Jason) Modified to add link on 2/22/2018 (znmw). (Entered: 02/21/2018) |
| 2018-03-07 | | MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than April 13, 2018. The parties' joint proposed scheduling order shall address the following: (1) the status of plaintiff's FOIA request; (2) the anticipated number of documents responsive to plaintiff's FOIA request; (3) the anticipated date(s) for release of documents responsive to plaintiff's FOIA request; (4) whether a motion for an Open America stay is likely in this case; (5) whether a Vaughn index will be required in this case; (6) whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) a proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on March 7, 2018. (lcegs2) (Entered: 03/07/2018) |
| 2018-03-07 | | Set/Reset Deadlines: Joint Proposed Scheduling Order due by 4/13/2018. (mac) (Entered: 03/07/2018) |
| 2018-04-13 | 11 | PROPOSED BRIEFING SCHEDULE (Joint) and Proposed Order by PUBLIC CITIZEN FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Sherman, Sean) (Entered: 04/13/2018) |
| 2018-04-15 | | MINUTE ORDER. In view of the parties' joint status report, the parties are directed to comply with the following schedule: plaintiff shall file its amended complaint by no later than April 17, 2018; defendants' motion for summary judgment and Vaughn index shall be filed by no later than May 25, 2018; plaintiff's combined opposition and cross-motion for summary judgment shall be filed by no later than June 25, 2018; defendants' combined reply and opposition to plaintiff's cross-motion shall be filed by no later than August 1, 2018; and plaintiff's reply in support of its cross-motion shall be filed by no later than August 22, 2018. Signed by Judge Emmet G. Sullivan on April 15, 2018. (lcegs2) (Entered: 04/15/2018) |
| 2018-04-16 | | Set/Reset Deadlines: Amended Complaint due by 4/17/2018. Defendants Motion for Summary Judgment and Vaughn Index due by 5/25/2018. Plaintiff's Combined Opposition And Cross-Motion For Summary Judgment due by 6/25/2018. Defendants' Combined Reply And Opposition To Plaintiff's Cross-Motion due by 8/1/2018. Plaintiff's Reply In Support Of Its Cross-Motion due by 8/22/2018. (mac) (Entered: 04/16/2018) |
| 2018-04-16 | 12 | AMENDED COMPLAINT against All Defendants filed by PUBLIC CITIZEN FOUNDATION.(Sherman, Sean) (Entered: 04/16/2018) |
| 2018-05-25 | 13 | Consent MOTION for Extension of Time to File Brief and to Amend Briefing Schedule by UNITED STATES DEPARTMENT OF LABOR (Attachments: # 1 Text of Proposed Order)(Cohen, Jason) (Entered: 05/25/2018) |
| 2018-06-01 | 14 | MOTION for Summary Judgment by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts Not in Dispute, # 3 Exhibit 1 - Declaration of Amanda L. Edens, # 4 Exhibit 2 - Declaration of Thomas Galassi, # 5 Text of Proposed Order)(Cohen, Jason) (Entered: 06/01/2018) |
| 2018-06-11 | | MINUTE ORDER granting 13 defendant's consent motion for extension of the briefing schedule. The parties are directed to comply with the following briefing schedule: (1) plaintiff's combined opposition and cross-motion for summary judgment shall be filed by no later than June 29, 2018; defendant's combined reply and opposition to plaintiff's cross-motion shall be filed by no later than August 10, 2018; and plaintiff's reply in support of its cross-motion shall be filed by no later than August 31, 2018. Signed by Judge Emmet G. Sullivan on June 11, 2018. (lcegs2) (Entered: 06/11/2018) |
| 2018-06-12 | | Set/Reset Deadlines: Plaintiff's Combined Opposition And Cross-Motion For Summary Judgment due by 6/29/2018. Defendant's Combined Reply And Opposition To Plaintiff's Cross-Motion due by 8/10/2018. Plaintiff's Reply In Support Of Its Cross-Motion due by 8/31/2018. (mac) (Entered: 06/12/2018) |
| 2018-06-29 | 15 | MOTION for Summary Judgment by PUBLIC CITIZEN FOUNDATION (Attachments: # 1 Declaration of David Michaels, PHD, MPM, # 2 Declaration of Eric Frumin, # 3 Declaration of Margaret (Peg) Seminario, MS, # 4 Text of Proposed Order)(Sherman, Sean) (Entered: 06/29/2018) |
| 2018-06-29 | 16 | Memorandum in opposition to re 14 MOTION for Summary Judgment and in Support of Plaintiff's Motion for Summary Judgment filed by PUBLIC CITIZEN FOUNDATION. (Attachments: # 1 Declaration of David Michaels, PHD, MPM, # 2 Declaration of Eric Frumin, # 3 Declaration of Margaret (Peg) Seminario, MS, # 4 Text of Proposed Order)(Sherman, Sean) (Entered: 06/29/2018) |
| 2018-08-08 | 17 | Consent MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Summary Judgment , 14 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF LABOR (Attachments: # 1 Text of Proposed Order)(Cohen, Jason) (Entered: 08/08/2018) |
| 2018-08-10 | | MINUTE ORDER granting 17 defendant's consent motion for extension of time. Defendant shall file its combined reply in support of its motion for summary judgment and opposition to plaintiff's cross-motion for summary judgment by no later than August 17, 2018. Plaintiff shall file its reply in support of its cross-motion by no later than September 7, 2018. Signed by Judge Emmet G. Sullivan on 8/10/2018. (lcegs2) (Entered: 08/10/2018) |
| 2018-08-13 | | Set/Reset Deadlines: Defendant Combined Reply In Support Of Its Motion For Summary Judgment And Opposition To Plaintiff's Cross-Motion For Summary Judgment due by 8/17/2018. Plaintiff Reply In Support Of Its Cross-Motion due by 9/7/2018. (mac) (Entered: 08/13/2018) |
| 2018-08-17 | 18 | REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR. (Attachments: # 1 Supplemental Declaration of Thomas Galassi, # 2 Defendant's Reply to Counter-Statement of Material Facts)(Cohen, Jason) (Entered: 08/17/2018) |
| 2018-08-17 | 19 | Memorandum in opposition to re 15 MOTION for Summary Judgment (Duplicate Filing of ECF No. 18) filed by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR. (Attachments: # 1 Supplemental Declaration of Thomas Galassi, # 2 Defendant's Reply to Counter-Statement of Material Facts)(Cohen, Jason) (Entered: 08/17/2018) |
| 2018-09-05 | 20 | REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by PUBLIC CITIZEN FOUNDATION. (Sherman, Sean) (Entered: 09/05/2018) |
| 2018-10-22 | 21 | NOTICE OF SUPPLEMENTAL AUTHORITY by PUBLIC CITIZEN FOUNDATION (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Sherman, Sean) (Entered: 10/22/2018) |
| 2018-11-05 | 22 | RESPONSE re 21 NOTICE OF SUPPLEMENTAL AUTHORITY filed by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR. (Attachments: # 1 Supplemental Declaration of Amanda L. Edens)(Cohen, Jason) (Entered: 11/05/2018) |
| 2018-11-29 | 23 | NOTICE OF WITHDRAWAL OF APPEARANCE as to PUBLIC CITIZEN FOUNDATION. Attorney Sean M. Sherman terminated. (Sherman, Sean) (Entered: 11/29/2018) |
| 2019-01-07 | | MINUTE ORDER REFERRING CASE to a Magistrate Judge for full case management, up to but excluding trial pursuant to Local Civil Rule 72.2. This includes, with respect to pending potentially dispositive motions, the preparation of a report and recommendation pursuant to Local Civil Rule 72.3. The parties are reminded, that pursuant to Local Civil Rule 73.1, the parties may consent to the assignment of this action to a magistrate judge for all purposes, including trial. Consent of the district court judge is not necessary. Signed by Judge Emmet G. Sullivan on 1/7/2019. (lcegs1) (Entered: 01/07/2019) |
| 2019-01-07 | | MINUTE ORDER STAYING CASE. In view of the referral of this case to a Magistrate Judge for full case management, proceedings before Judge Emmet G. Sullivan are hereby STAYED. Signed by Judge Emmet G. Sullivan on 1/7/2019. (lcegs1) (Entered: 01/07/2019) |
| 2019-01-07 | | CASE RANDOMLY REFERRED to Magistrate Judge G. Michael Harvey for full case management, up to but excluding trial. (zad) (Entered: 01/08/2019) |
| 2019-03-04 | 24 | NOTICE of Pending Supreme Court Case by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR (Attachments: # 1 Food Marketing Inst. v. Argus Leader Media d/b/a Argus Leader, No. 18-481 (U.S.), Brief for Petitioner)(Cohen, Jason) (Entered: 03/04/2019) |
| 2019-06-21 | 25 | NOTICE of Appearance by Patrick D. Llewellyn on behalf of PUBLIC CITIZEN FOUNDATION (Llewellyn, Patrick) (Entered: 06/21/2019) |
| 2019-07-02 | 26 | NOTICE OF SUPPLEMENTAL AUTHORITY by PUBLIC CITIZEN FOUNDATION (Kirkpatrick, Michael) (Entered: 07/02/2019) |
| 2019-10-30 | | MINUTE ORDER. There will be a telephone conference before the undersigned on October 31, 2019, at 1:00 p.m. Call in information has been provided to the parties by Chambers. Telephone Conference set for 10/31/2019 at 01:00 PM in Courtroom 6 before Magistrate Judge G. Michael Harvey. SO ORDERED. Signed by Magistrate Judge G. Michael Harvey on 10/30/19. (MFB) (Entered: 10/30/2019) |
| 2019-10-31 | | Minute Entry for proceedings held before Magistrate Judge G. Michael Harvey: Telephone Conference held on 10/31/2019. The Court Will Enter An Order. (Court Reporter FTR GOLD.)(FTR Time Frame: 1:05:00 - 1:26:01) (mac) (Entered: 10/31/2019) |
| 2019-10-31 | 27 | ORDER denying without prejudice 14 Motion for Summary Judgment; denying 15 Motion for Summary Judgment. Signed by Magistrate Judge G. Michael Harvey on 10/31/19. (lckt) (Entered: 10/31/2019) |
| 2019-11-01 | | Set/Reset Deadlines: Defendant Renewed Motion For Summary Judgment due by 11/25/2019. Plaintiff Response To Defendants Renewed Motion For Summary Judgment And Renewed Cross-Motion For Summary Judgment due by 12/9/2019. Defendants Response To Plaintiff's Renewed Cross-Motion For Summary Judgment And Reply To Plaintiff's Response To Defendants' Renewed Motion For Summary Judgment due by 12/20/2019. Plaintiff Reply, If Any, To Defendants Response To Plaintiff's Renewed Cross-Motion For Summary Judgment due by 01/06/2020. (mac) (Entered: 11/01/2019) |
| 2019-11-24 | 28 | NOTICE OF SUBSTITUTION OF COUNSEL by Sean Michael Tepe on behalf of All Defendants Substituting for attorney Jason Cohen (Tepe, Sean) (Entered: 11/24/2019) |
| 2019-11-26 | 29 | MOTION for Summary Judgment Renewed by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Declaration Meilinger Decl, # 5 Declaration Edens Decl, # 6 Declaration Kapust Decl and Ex A-D, # 7 Exhibit Kapust Decl Ex E, # 8 Exhibit Kapust Decl Ex F-H)(Tepe, Sean) (Entered: 11/26/2019) |
| 2019-12-09 | 30 | Cross MOTION for Summary Judgment by PUBLIC CITIZEN FOUNDATION (Attachments: # 1 Declaration of Michael A. Carome, # 2 Declaration of Eric Frumin, # 3 Declaration of David Michaels, # 4 Declaration of Margaret Seminario, # 5 Text of Proposed Order)(Llewellyn, Patrick) (Entered: 12/09/2019) |
| 2019-12-09 | 31 | Memorandum in opposition to re 29 MOTION for Summary Judgment Renewed filed by PUBLIC CITIZEN FOUNDATION. (Attachments: # 1 Declaration of Michael A. Carome, # 2 Declaration of Eric Frumin, # 3 Declaration of David Michaels, # 4 Declaration of Margaret Seminario, # 5 Text of Proposed Order)(Llewellyn, Patrick) (Entered: 12/09/2019) |
| 2019-12-20 | 32 | REPLY to opposition to motion re 29 MOTION for Summary Judgment Renewed filed by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR. (Attachments: # 1 Statement of Facts)(Tepe, Sean) (Entered: 12/20/2019) |
| 2019-12-20 | 33 | Memorandum in opposition to re 30 Cross MOTION for Summary Judgment filed by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR. (Attachments: # 1 Statement of Facts)(Tepe, Sean) (Entered: 12/20/2019) |
| 2020-01-02 | 34 | REPLY to opposition to motion re 30 Cross MOTION for Summary Judgment filed by PUBLIC CITIZEN FOUNDATION. (Kirkpatrick, Michael) (Entered: 01/02/2020) |
| 2020-04-02 | 35 | NOTICE OF WITHDRAWAL OF APPEARANCE as to PUBLIC CITIZEN FOUNDATION. Attorney Patrick D. Llewellyn terminated. (Llewellyn, Patrick) (Entered: 04/02/2020) |
| 2020-06-05 | 36 | NOTICE OF SUPPLEMENTAL AUTHORITY by PUBLIC CITIZEN FOUNDATION (Attachments: # 1 Exhibit Decision in CIR v. DOL, No. 18-2414 (N.D. Cal. June 4, 2020))(Kirkpatrick, Michael) (Entered: 06/05/2020) |
| 2020-06-23 | 37 | REPORT AND RECOMMENDATION re 29 MOTION for Summary Judgment Renewed filed by UNITED STATES DEPARTMENT OF LABOR, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, 30 Cross MOTION for Summary Judgment filed by PUBLIC CITIZEN FOUNDATION. Signed by Magistrate Judge G. Michael Harvey on 6/23/20. (lckt) (Entered: 06/23/2020) |
| 2020-07-01 | 38 | MOTION for Extension of Time to Object to Report and Recommendation by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR (Tepe, Sean) (Entered: 07/01/2020) |
| 2020-07-01 | 39 | Memorandum in opposition to re 38 MOTION for Extension of Time to Object to Report and Recommendation filed by PUBLIC CITIZEN FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 07/01/2020) |
| 2020-07-01 | | MINUTE ORDER granting in part and denying in part 38 MOTION for Extension of Time to Object to Report and Recommendation. FOIA's "statutory goalsefficient, prompt, and full disclosure of informationcan be frustrated by agency actions that operate to delay the ultimate resolution of the disclosure request. Aug. v. Fed. Bureau of Investigation, 328 F.3d 697, 699 (D.C. Cir. 2003). A delay in the adjudication of this matter should not be based on one party's litigation strategy. However, in view of Defendant's competing deadlines, parties Shall file any Objections to the Magistrates Report & Recommendations by no later than July 21, 2020. Signed by Judge Emmet G. Sullivan on 7/1/2020. (lcegs2) (Entered: 07/01/2020) |
| 2020-07-02 | | Set/Reset Deadlines: Parties Objections to R&R due by 7/21/2020 (mac) (Entered: 07/02/2020) |
| 2020-07-20 | 40 | MOTION for Order Notice of Resolution of Merits Issues and Request for Entry of Agreed Order by PUBLIC CITIZEN FOUNDATION (Attachments: # 1 Text of Proposed Order)(Kirkpatrick, Michael) Modified event on 7/21/2020 (znmw). (Entered: 07/20/2020) |
| 2020-07-20 | | MINUTE ORDER. In light of 40 NOTICE of Resolution of Merits Issues and Request for Entry of Agreed Order, the Defendants shall produce in full, the records Plaintiff requested under the Freedom of Information Act, by no later than August 18, 2020. It is FURTHER ORDERED that the parties file a joint status report by no later than September 18, 2020 informing the Court as to whether the parties have resolved the issue of attorneys fees and costs. Signed by Judge Emmet G. Sullivan on 7/20/2020. (lcegs2) (Entered: 07/20/2020) |
| 2020-07-20 | | Set/Reset Deadlines: Joint Status Report due by 9/18/2020 (mac) (Entered: 07/20/2020) |
| 2020-09-17 | 41 | Joint STATUS REPORT by PUBLIC CITIZEN FOUNDATION. (Kirkpatrick, Michael) (Entered: 09/17/2020) |
| 2020-09-17 | | MINUTE ORDER. In view of 41 the parties' joint status report, the parties are directed to file a further joint status report by no later than November 6, 2020. Signed by Judge Emmet G. Sullivan on 9/17/2020. (lcegs2) (Entered: 09/17/2020) |
| 2020-09-18 | | Set/Reset Deadlines: Joint Status Report due by 11/6/2020 (mac) (Entered: 09/18/2020) |
| 2020-11-06 | 42 | Joint STATUS REPORT by PUBLIC CITIZEN FOUNDATION. (Kirkpatrick, Michael) (Entered: 11/06/2020) |
| 2020-11-06 | | MINUTE ORDER. In view of 42 Joint STATUS REPORT, the parties are directed to file a further joint status report by no later than December 4, 2020 reporting their efforts to resolve Plaintiff's attorneys fees and costs, ifa stipulation of dismissal has not been filed by that date. Signed by Judge Emmet G. Sullivan on 11/6/2020. (lcegs2) (Entered: 11/06/2020) |
| 2020-11-09 | | Set/Reset Deadlines: Parties Joint Status Report due by 12/4/2020 (mac) (Entered: 11/09/2020) |
| 2020-11-30 | 43 | STIPULATION of Dismissal by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR. (Tepe, Sean) (Entered: 11/30/2020) |
| 2020-11-30 | | MINUTE ORDER. In view of 43 STIPULATION of Dismissal, this action is dismissed with prejudice. Defendants shall pay to Plaintiff a lump sum of $89,400 in attorneys' fees and costs in this matter and the Court shall retain jurisdiction to enforce the provisions of this Stipulation and Order. The Clerk of Court is directed to close this case. Signed by Judge Emmet G. Sullivan on 11/30/2020. (lcegs2) (Entered: 11/30/2020) |
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