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Case TitleGal v. United States Customs and Border Protection et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2019cv03070
Date Filed2019-06-03
Date Closed2020-10-21
JudgeMagistrate Judge Laurel Beeler
PlaintiffAndreas Gal
Case DescriptionAndreas Gal, a naturalized U.S. citizen working in the tech industry, submitted FOIA requests to U.S. Customs and Border Protection and U.S. Citizenship and Immigration Services for records concerning an incident in which Gal was detained by customs officials at San Francisco International Airport who tried to coerce him into providing password information for his cell phone and laptop. The agencies acknowledged receipt of the requests, but after hearing nothing further from either agency, Gal filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Customs and Border Protection
DefendantUnited States Citizenship & Immigration Services
Documents
Docket
Complaint
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Date FiledDoc #Docket Text

2019-06-031COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FOR VIOLATION OF THE FREEDOM OF INFORMATION ACT, 5 U.S.C. § 552 ET SEQ. AND THE PRIVACY ACT, 5 U.S.C. § 552a ET SEQ. against United States Citizenship & Immigration Services, United States Customs and Border Protection ( Filing fee $ 400, receipt number 0971-13403047.). Filed byAndreas Gal. (Freeman, William) (Filed on 6/3/2019) (Entered: 06/03/2019)
2019-06-032Civil Cover Sheet by Andreas Gal . (Freeman, William) (Filed on 6/3/2019) (Entered: 06/03/2019)
2019-06-033Proposed Summons. (Freeman, William) (Filed on 6/3/2019) (Entered: 06/03/2019)
2019-06-034Certificate of Interested Entities by Andreas Gal (Freeman, William) (Filed on 6/3/2019) (Entered: 06/03/2019)
2019-06-045Case assigned to Magistrate Judge Laurel Beeler. 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 6/18/2019. (haS, COURT STAFF) (Filed on 6/4/2019) (Entered: 06/04/2019)
2019-06-056Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/29/2019. Initial Case Management Conference set for 9/5/2019 11:00 AM in San Francisco, Courtroom B, 15th Floor. (msrS, COURT STAFF) (Filed on 6/5/2019) (Entered: 06/05/2019)
2019-06-057Summons Issued as to United States Citizenship & Immigration Services, United States Customs and Border Protection. (msrS, COURT STAFF) (Filed on 6/5/2019) (Entered: 06/05/2019)
2019-06-068CERTIFICATE OF SERVICE by Andreas Gal (Freeman, William) (Filed on 6/6/2019) (Entered: 06/06/2019)
2019-06-079CERTIFICATE OF SERVICE by Andreas Gal Amended w/ Attachment (Freeman, William) (Filed on 6/7/2019) (Entered: 06/07/2019)
2019-06-1010CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Andreas Gal.. (Freeman, William) (Filed on 6/10/2019) (Entered: 06/10/2019)
2019-06-1011CERTIFICATE OF SERVICE by Andreas Gal (Freeman, William) (Filed on 6/10/2019) (Entered: 06/10/2019)
2019-06-2812CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Initial Case Management Conference previously set for 9/5/2019 is reset to 9/26/2019 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 9/19/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 6/28/2019) (Entered: 06/28/2019)
2019-07-0213STIPULATION Extending Defendants' Time to Answer filed by United States Citizenship & Immigration Services, United States Customs and Border Protection. (Wall, Robin) (Filed on 7/2/2019) (Entered: 07/02/2019)
2019-07-0214CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Citizenship & Immigration Services, United States Customs and Border Protection.. (Wall, Robin) (Filed on 7/2/2019) (Entered: 07/02/2019)
2019-07-1915Defendants' ANSWER to Complaint for Declaratory and Injunctive Relief byUnited States Citizenship & Immigration Services, United States Customs and Border Protection. (Wall, Robin) (Filed on 7/19/2019) (Entered: 07/19/2019)
2019-07-2316NOTICE of Appearance by Vasudha Talla (Talla, Vasudha) (Filed on 7/23/2019) (Entered: 07/23/2019)
2019-08-0217NOTICE of Appearance by Jacob Adam Snow (Snow, Jacob) (Filed on 8/2/2019) (Entered: 08/02/2019)
2019-09-0518ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Freeman, William) (Filed on 9/5/2019) (Entered: 09/05/2019)
2019-09-1919JOINT CASE MANAGEMENT STATEMENT filed by Andreas Gal. (Freeman, William) (Filed on 9/19/2019) (Entered: 09/19/2019)
2019-09-2320CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME: Initial Case Management Conference set for 9/26/2019 at 11:00 AM is reset to 9:30 AM in San Francisco, Courtroom B, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 9/23/2019) (Entered: 09/23/2019)
2019-09-2621Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Initial Case Management Conference held on 9/26/2019. Court orders Government to provide production schedule within 14 days. (Not Reported). Further Case Management Conference set for 10/17/2019 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 10/10/2019. Plaintiff's Attorneys: Vasudha Talla and William Freeman. Defendants' Attorney: Robin Wall. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 9/26/2019) (Entered: 09/27/2019)
2019-10-0822NOTICE of Substitution of Counsel by Emmet P. Ong (Ong, Emmet) (Filed on 10/8/2019) (Entered: 10/08/2019)
2019-10-0923CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME: Further Case Management Conference set for 10/17/2019 at 11:00 AM is reset to 11:30 AM in San Francisco, Courtroom B, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 10/9/2019) (Entered: 10/09/2019)
2019-10-1024FURTHER JOINT CASE MANAGEMENT STATEMENT filed by Andreas Gal. (Talla, Vasudha) (Filed on 10/10/2019) (Entered: 10/10/2019)
2019-10-1725Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Further Case Management Conference held on 10/17/2019. Court orders parties to complete all production by 12/31/2019. (Not Reported). Further Case Management Conference set for 1/16/2020 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 1/9/2020. Plaintiff's Attorney: William Freeman. Defendants' Attorney: Emmet Ong. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 10/17/2019) (Entered: 10/17/2019)
2020-01-0926JOINT CASE MANAGEMENT STATEMENT filed by Andreas Gal. (Freeman, William) (Filed on 1/9/2020) (Entered: 01/09/2020)
2020-01-1027CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: The court continues the CMC previously set for 1/16/2020 to 3/19/2020 at 11:00 AM and adopts the briefing schedule that the defendant proposes. Case Management Statement due by 3/12/2020. When the motion is filed, it should be noticed for the appointed hearing date at 9:30 am. As a calendaring device, the court also sets a CMC for 7/23/2020 at 11:00 AM. Defendants' Motion for Summary Judgment: 5/1/2020. Plaintiff's Opposition and Cross-Motion for Summary Judgment: 5/29/2020. Defendants' Opposition and Reply: 6/26/2020. Plaintiff's Reply: 7/10/2020. Hearing on Cross-Motions to be noticed for 7/23/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 1/10/2020) (Entered: 01/10/2020)
2020-01-3028NOTICE of Change of Address by Emmet P. Ong (Ong, Emmet) (Filed on 1/30/2020) (Entered: 01/30/2020)
2020-02-0729CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME: Further Case Management Conference set for 3/19/2020 at 11:00 AM is reset to 9:30 AM in San Francisco, Courtroom B, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 2/7/2020) (Entered: 02/07/2020)
2020-03-1230FURTHER JOINT CASE MANAGEMENT STATEMENT filed by Andreas Gal. (Freeman, William) (Filed on 3/12/2020) Modified on 3/12/2020 (gbaS, COURT STAFF). (Entered: 03/12/2020)
2020-03-1631CLERK'S NOTICE RE: MARCH 19, 2020 HEARING: Through at least April 17, 2020, the court will not have any in-person civil case-management conferences or civil motions hearings and instead will have telephonic appearances. For motions hearings, the court is open to hearings by Skype for Business or Google Hangouts (because for now, the court cannot host conferences by Zoom). (This latter approach requires IT staff to provide the court with a web cam so there may be some delay.) Telephonic appearances generally are by CourtCall, but the court also circulates the following conference number, which can accommodate up to 200 people and allow the equivalent of a public hearing by telephone: Dial In: 877-336-1839 Access Code: 8191201# Security Code: 200319# (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 3/16/2020) (Entered: 03/16/2020)
2020-03-1732CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Under the circumstances, the court continues the CMC, previously set for 3/19/2020, to 4/2/2020 at 11:00 a.m . and directs the parties to file an update by 3/26/2020 with any new information regarding the matters raised in ECF No. 30. Dial In: 877-336-1839 Access Code: 8191201# Security Code: 200402# (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 3/17/2020) (Entered: 03/17/2020)
2020-03-1933CLERK'S NOTICE RE: UPDATED CALL-IN INFORMATION FOR CMC/MOTION HEARING: The court circulates the following conference number to allow the equivalent of a public hearing by telephone: Dial In: 877-336-1839 Access Code: 8191201# (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 3/19/2020) (Entered: 03/19/2020)
2020-03-2634FURTHER JOINT CASE MANAGEMENT STATEMENT filed by Andreas Gal. (Freeman, William) (Filed on 3/26/2020) Modified on 3/27/2020 (gbaS, COURT STAFF). (Entered: 03/26/2020)
2020-03-2735CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: To give the government time to respond and to update the court, the court continues the CMC one week to 4/9/2020 and directs a joint update by 4/2/2020. Dial In: 877-336-1839 Access Code: 8191201# (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 3/27/2020) (Entered: 03/27/2020)
2020-04-0236FURTHER JOINT CASE MANAGEMENT STATEMENT filed by Andreas Gal. (Freeman, William) (Filed on 4/2/2020) Modified on 4/2/2020 (gbaS, COURT STAFF). (Entered: 04/02/2020)
2020-04-0237CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: The court appreciates the update at ECF No. 26 but will be much more useful to the parties (and handle the conference more efficiently) if it has an updated CMC statement a week before the CMC conference with at least a short overview of the issues. The court thus continues the CMC to 4/23/2020 at 11:00 AM and directs that update by 4/16/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 4/2/2020) (Entered: 04/02/2020)
2020-04-03Set/Reset Hearing: Further Case Management Conference set for 4/23/2020 at 11:00 AM is reset to 9:30 AM . (ejkS, COURT STAFF) (Filed on 4/3/2020) (Entered: 04/03/2020)
2020-04-1638FURTHER JOINT CASE MANAGEMENT STATEMENT filed by Andreas Gal. (Freeman, William) (Filed on 4/16/2020) (Entered: 04/16/2020)
2020-04-1639CASE SCHEDULING ORDER. The court adopts the proposed schedule, keeps the 4/23/2020 CMC on calendar, and directs the parties to file a plan about the Vaughn index and in camera review by 4/21/2020 at noon. Filing date for Defendants motion for summary judgment: 5/1/2020. Plaintiff's opposition and cross-motion for summary judgment: 5/28/2020. Defendants' opposition and reply: 6/25/2020. Hearing date/further case-management conference: 7/23/2020 at 9:30 a.m. / 11:00 a.m. in San Francisco, Courtroom B, 15th Floor. Signed by Judge Laurel Beeler on 04/16/2020. (ejkS, COURT STAFF) (Filed on 4/16/2020) (Entered: 04/16/2020)
2020-04-2140CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME: Further Case Management Conference set for 7/23/2020 at 11:00 AM is reset to 9:30 AM in San Francisco, Courtroom B, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 4/21/2020) (Entered: 04/21/2020)
2020-04-2241STIPULATION AND [PROPOSED] ORDER REGARDING SETTLEMENT CONFERENCE filed by United States Citizenship & Immigration Services, United States Customs and Border Protection. (Ong, Emmet) (Filed on 4/22/2020) (Entered: 04/22/2020)
2020-04-2342Order by Magistrate Judge Laurel Beeler granting 41 Stipulation Regarding Settlement Conference. The court will talk about the timing of the settlement conference at today's CMC. (ejkS, COURT STAFF) (Filed on 4/23/2020) (Entered: 04/23/2020)
2020-04-2343Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Further Case Management Conference held telephonically on 4/23/2020. (Not Reported). Settlement Conference/Further Case Management Conference set for 6/11/2020 at 12:30 PM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 6/4/2020. Further Case Management Conference set for 7/16/2020 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Plaintiff's Attorney: William Freeman. Defendants' Attorney: Emmett Ong. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 4/23/2020) (Entered: 04/23/2020)
2020-04-2444ORDER. The court issues this order to further address the government's concern about Zoom security. The court attended a seminar today put on by the court's mediation program and also spoke to the head of IT for the court. In short, any security concerns either have been resolved by Zoom or are eliminated when the system is used properly. For example, the court sends a private invitation and uses the "waiting room" feature and admits each participant separately (thereby avoiding issues such as Zoom bombing). Only the court has hosting privileges (as in, literally only the court has hosting privileges, not court staff). All communications to and from Zoom users to the Zoom servers are encrypted at a very high level, so they can't be tapped into by a third party. It's much safer than email, for example. The court is confident that its use of the waiting-room and breakout-room functions ensures full confidentiality of the process. The court's IT head is willing to talk to DOJ to address any concerns, but there really should be no concern at this point. One issue is that the court needs a single email sent to the court that contains the email addresses (in the "To" or "CC" field so that the court can cut and paste them into a Zoom invitation. To calendar it, the court will send an email invitation to counsel of record and can edit the invitation later if necessary. Counsel can reply all (and edit out any unnecessary participants and add in any new ones), and the court can then update the invite. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Beeler, Laurel) (Filed on 4/24/2020) (Entered: 04/24/2020)
2020-05-2845CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME: Further Case Management Conference set for 7/16/2020 at 11:00 AM is reset to 9:30 AM in San Francisco, Courtroom B, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 5/28/2020) (Entered: 05/28/2020)
2020-06-1046CLERK'S NOTICE RESETTING SETTLEMENT CONFERENCE TIME: The court advances the start time of the settlement conference to 11:30 a.m . Other calendared matters require this adjustment, and it is the best approach to allow the appropriate consideration of the parties' positions. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 6/10/2020) (Entered: 06/10/2020)
2020-06-1147Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held via Zoom on 6/11/2020. The court held a settlement conference with the parties, who will update the court at the next CMC. (Not Reported). Plaintiff's Attorney: William Freeman. Also appearing: Plaintiff Andreas Gal. Defendants' Attorneys: Emmet P. Ong, Adriana Aristeiguieta, Kristin Dubelier, Constantina Glover, and Kaitlin McKenzie. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 6/11/2020) (Entered: 06/11/2020)
2020-07-0748CLERKS NOTICE SETTING ZOOM HEARING. Further Case Management Conference set for 7/16/2020 at 9:30 AM. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/ This proceeding will be a Zoom video conferencing webinar. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. Case participants may also receive an email invitation from the court with different information which should be followed. All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1614698626?pwd=eXlQRThFajBjT0tieVBaYWpjMjFodz09 Meeting ID: 161 469 8626 Password: 546984 Dial by your location +1 929 205 6099 US (New York) +1 253 215 8782 US +1 301 715 8592 US +1 312 626 6799 US (Chicago) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) Find your local number: https://zoom.us/u/ac4JkPfcjo For important information and guidance on technical preparation, please see https://www.cand.uscourts.gov/zoom/ . (Related documents(s) 45 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 7/7/2020) (Entered: 07/07/2020)
2020-07-0849CLERKS NOTICE SETTING ZOOM HEARING AND RESETTING CASE MANAGEMENT CONFERENCE. Further Case Management Conference previously set for 7/16/2020 is reset to 7/30/2020 at 9:30 AM . Case Management Statement due by 7/23/2020. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/ This proceeding will be a Zoom video conferencing webinar. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. Case participants may also receive an email invitation from the court with different information which should be followed. All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1614698626?pwd=eXlQRThFajBjT0tieVBaYWpjMjFodz09 Meeting ID: 161 469 8626 Password: 546984 Dial by your location +1 929 205 6099 US (New York) +1 253 215 8782 US +1 301 715 8592 US +1 312 626 6799 US (Chicago) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) Find your local number: https://zoom.us/u/ac4JkPfcjo For important information and guidance on technical preparation, please see https://www.cand.uscourts.gov/zoom/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (Related documents(s) 48 )(ejkS, COURT STAFF) (Filed on 7/8/2020) (Entered: 07/08/2020)
2020-07-2350JOINT CASE MANAGEMENT STATEMENT and Proposed Order to Continue Case Management Conference filed by United States Citizenship & Immigration Services, United States Customs and Border Protection. (Ong, Emmet) (Filed on 7/23/2020) Modified on 7/24/2020 (gbaS, COURT STAFF). (Entered: 07/23/2020)
2020-07-2351ORDER re 50 Joint Case Management Statement filed by United States Customs and Border Protection, United States Citizenship & Immigration Services. Signed by Magistrate Judge Laurel Beeler on 7/23/2020. (rmm2S, COURT STAFF) (Filed on 7/23/2020) (Entered: 07/23/2020)
2020-07-23Set/Reset Hearing re 51 Order, Further Case Management Conference set for 10/1/2020 at 9:30 AM in San Francisco, Courtroom B, 15th Floor, before Magistrate Judge Laurel Beeler. (rmm2S, COURT STAFF) (Filed on 7/23/2020) (Entered: 07/23/2020)
2020-09-2252JOINT CASE MANAGEMENT STATEMENT AND NOTICE OF SETTLEMENT filed by Andreas Gal. (Freeman, William) (Filed on 9/22/2020) (Entered: 09/22/2020)
2020-09-2353CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: In light of the notice of settlement, the court continues the CMC from 10/1/2020 to 10/29/2020 at 9:30 AM to avoid losing track of the case, and directs the filing of a stipulated dismissal or a short update by 10/22/2020. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings , including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 9/23/2020) (Entered: 09/23/2020)
2020-10-2154STIPULATION WITH PROPOSED ORDER REGARDING SETTLEMENT AND DISMISSAL filed by United States Citizenship & Immigration Services, United States Customs and Border Protection. (Ong, Emmet) (Filed on 10/21/2020) (Entered: 10/21/2020)
2020-10-2155Order by Magistrate Judge Laurel Beeler granting 54 Stipulation Regarding Settlement and Dismissal. (ejkS, COURT STAFF) (Filed on 10/21/2020) (Entered: 10/21/2020)
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