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Case TitleThe Center for Investigative Reporting et al v. United States Department of Justice et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2020cv06649
Date Filed2020-09-23
Date Closed2021-05-21
JudgeMagistrate Judge Jacqueline Scott Corley
PlaintiffThe Center for Investigative Reporting
PlaintiffAnayansi Diaz-Cortes
Case DescriptionAnayansi Diaz-Cortes, a reporter for the Center for Investigative Reporting, submitted FOIA requests to the Department of Justice and the Department of State for records concerning the investigation of the Mexican drug cartel Guerreros Unidos. The Criminal Division, the Drug Enforcement Administration, and the Executive Office of U.S. Attorneys acknowledged receipt of the requests. The Criminal Division issued a Glomar response neither confirming nor denying the existence of records, based on Exemption 7(C) (invasion of privacy concerning law enforcement records). CIR filed an administrative appeal of the Criminal Division's denial. The Office of Information Policy upheld the appeal. DEA also issued a Glomar response based on Exemption 7(C). CIR filed an administrative appeal of that decision but had not heard back before filing suit. EOUSA failed to respond before CIR filed suit. The State Department acknowledged receipt of the request but after hearing further from either agency, CIR filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Justice
DefendantUnited States Department of State
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-09-231COMPLAINT against United States Department of Justice, United States Department of State ( Filing fee $ 400, receipt number 0971-14976414). Filed by The Center for Investigative Reporting, Anayansi Diaz-Cortes. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons)(Baranetsky, Diana) (Filed on 9/23/2020) Modified on 9/24/2020 (slhS, COURT STAFF). (Entered: 09/23/2020)
2020-09-232Certificate of Interested Entities by The Center for Investigative Reporting, Anayansi Diaz-Cortes (Baranetsky, Diana) (Filed on 9/23/2020) Modified on 9/24/2020 (slhS, COURT STAFF). (Entered: 09/23/2020)
2020-09-233Case assigned to Magistrate Judge Jacqueline Scott Corley. 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 10/7/2020. (haS, COURT STAFF) (Filed on 9/23/2020) (Entered: 09/23/2020)
2020-09-244Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/17/2020. Initial Case Management Conference set for 12/24/2020 01:30 PM in San Francisco, Courtroom E, 15th Floor. (slhS, COURT STAFF) (Filed on 9/24/2020) (Entered: 09/24/2020)
2020-09-245Summons Issued as to United States Department of Justice, United States Department of State. (slhS, COURT STAFF) (Filed on 9/24/2020) (Entered: 09/24/2020)
2020-10-066CERTIFICATE OF SERVICE by Anayansi Diaz-Cortes, The Center for Investigative Reporting (Baranetsky, Diana) (Filed on 10/6/2020) (Entered: 10/06/2020)
2020-10-137CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge by 10/27/2020. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahm, COURT STAFF) (Filed on 10/13/2020) (Entered: 10/13/2020)
2020-10-138CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Anayansi Diaz-Cortes, The Center for Investigative Reporting.. (Baranetsky, Diana) (Filed on 10/13/2020) (Entered: 10/13/2020)
2020-11-129STIPULATION WITH PROPOSED ORDER filed by United States Department of Justice, United States Department of State. (Bernardoni, Jevechius) (Filed on 11/12/2020) (Entered: 11/12/2020)
2020-11-1310ORDER by Magistrate Judge Jacqueline Scott Corley granting 9 Stipulation to set response date. (ahmS, COURT STAFF) (Filed on 11/13/2020) (Entered: 11/13/2020)
2020-11-1611CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge by 11/30/2020. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahm, COURT STAFF) (Filed on 11/16/2020) (Entered: 11/16/2020)
2020-11-2012CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE. Please take notice the initial case management scheduled for December 24, 2020 is continued to January 7, 2021 at 1:30 p.m. by videoconference. Joint case management conference statement shall be filed by December 31, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 11/20/2020) (Entered: 11/20/2020)
2020-11-3013CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Department of Justice, United States Department of State.. (Bernardoni, Jevechius) (Filed on 11/30/2020) (Entered: 11/30/2020)
2020-12-0314ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Bernardoni, Jevechius) (Filed on 12/3/2020) (Entered: 12/03/2020)
2020-12-0315ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Baranetsky, Diana) (Filed on 12/3/2020) (Entered: 12/03/2020)
2020-12-0916ANSWER to Complaint byUnited States Department of Justice, United States Department of State. (Bernardoni, Jevechius) (Filed on 12/9/2020) (Entered: 12/09/2020)
2020-12-3117JOINT CASE MANAGEMENT STATEMENT filed by United States Department of Justice, United States Department of State. (Bernardoni, Jevechius) (Filed on 12/31/2020) (Entered: 12/31/2020)
2021-01-0418CLERK'S NOTICE SETTING ZOOM HEARING. Initial Case Management Conference set for 1/7/2021 at 1:30 p.m. before Magistrate Judge Corley 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/jsc Court Appearances: Advanced notice is required of counsel or parties who wish to be identi fied by the court as making an appearance or will be participating in the argument at the hearing. A list of names must be sent to the CRD at jsccrd@cand.uscourts.gov no later than 12:00 p.m. on 1/6/2021. 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.) ( ahm, COURT STAFF) (Filed on 1/4/2021) (Entered: 01/04/2021)
2021-01-0719Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Further Case Management Conference held and recorded by Zoom videoconference on 1/7/2021. The Court adopted the parties' briefing schedule as set forth in the joint case management conference statement. (Dkt. No. 17 ). The hearing on the motions is set for June 3, 2021 at 9:00 a.m. (Recording Time 1:44-1:47) Attorney for Plaintiff: Diana Baranetsky Attorney for Defendants: Jevechius Bernardoni (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Date Filed: 1/7/2021) (Entered: 01/07/2021)
2021-03-0420MOTION for Summary Judgment filed by United States Department of Justice, United States Department of State. Motion Hearing set for 6/3/2021 09:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 4/1/2021. Replies due by 4/29/2021. (Attachments: # 1 Proposed Order)(Bernardoni, Jevechius) (Filed on 3/4/2021) (Entered: 03/04/2021)
2021-03-0421Declaration of Eric F. Stein in Support of 20 MOTION for Summary Judgment filed byUnited States Department of Justice, United States Department of State. (Attachments: # 1 Exhibit A to Stein Declaration, # 2 Exhibit B to Stein Declaration, # 3 Exhibit C to Stein Declaration, # 4 Exhibit D to Stein Declaration)(Related document(s) 20 ) (Bernardoni, Jevechius) (Filed on 3/4/2021) (Entered: 03/04/2021)
2021-03-0422Declaration of John E. Cunningham III in Support of 20 MOTION for Summary Judgment filed byUnited States Department of Justice, United States Department of State. (Attachments: # 1 Exhibit A to Cunningham Declaration, # 2 Exhibit B to Cunningham Declaration, # 3 Exhibit C to Cunningham Declaration, # 4 Exhibit D to Cunningham Declaration, # 5 Exhibit E to Cunningham Declaration)(Related document(s) 20 ) (Bernardoni, Jevechius) (Filed on 3/4/2021) (Entered: 03/04/2021)
2021-03-0423Declaration of Theodore B. Smith in Support of 20 MOTION for Summary Judgment filed byUnited States Department of Justice, United States Department of State. (Attachments: # 1 Exhibit A to Smith Declaration, # 2 Exhibit B to Smith Declaration, # 3 Exhibit C to Smith Declaration, # 4 Exhibit D to Smith Declaration, # 5 Exhibit E to Smith Declaration, # 6 Exhibit F to Smith Declaration)(Related document(s) 20 ) (Bernardoni, Jevechius) (Filed on 3/4/2021) (Entered: 03/04/2021)
2021-03-0424Declaration of Angela D. Hertel in Support of 20 MOTION for Summary Judgment filed byUnited States Department of Justice, United States Department of State. (Attachments: # 1 Exhibit A to Hertel Declaration, # 2 Exhibit B to Hertel Declaration, # 3 Exhibit C to Hertel Declaration, # 4 Exhibit D to Hertel Declaration, # 5 Exhibit E to Hertel Declaration, # 6 Exhibit F to Hertel Declaration)(Related document(s) 20 ) (Bernardoni, Jevechius) (Filed on 3/4/2021) (Entered: 03/04/2021)
2021-03-1825STIPULATION WITH PROPOSED ORDER filed by United States Department of Justice, United States Department of State. (Bernardoni, Jevechius) (Filed on 3/18/2021) (Entered: 03/18/2021)
2021-03-1926ORDER by Magistrate Judge Jacqueline Scott Corley granting 25 Stipulation to Modify the Summary Judgment Briefing Plan. (ahm, COURT STAFF) (Filed on 3/19/2021) (Entered: 03/19/2021)
2021-04-0527MOTION for leave to appear in Pro Hac Vice (Alexandra M. Gutierrez) ( Filing fee $ 317, receipt number 0971-15796744.) filed by Anayansi Diaz-Cortes, The Center for Investigative Reporting. (Attachments: # 1 Declaration Alexandra M. Gutierrez, # 2 Exhibit Certificate of Good Standing, # 3 Exhibit California Bar Admissions Status, # 4 Exhibit Moral Character Update)(Gutierrez, Alexandra) (Filed on 4/5/2021) (Entered: 04/05/2021)
2021-04-0628ORDER by Magistrate Judge Jacqueline Scott Corley granting 27 Motion for Pro Hac Vice as to Alexandra M. Gutierrez. (ahm, COURT STAFF) (Filed on 4/6/2021) (Entered: 04/06/2021)
2021-04-0829Cross MOTION for Summary Judgment and OPPOSITION to Defendants' Motion for Summary Judgment filed by Anayansi Diaz-Cortes, The Center for Investigative Reporting. Motion Hearing set for 6/3/2021 09:30 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 5/6/2021. Replies due by 5/20/2021. (Attachments: # 1 Declaration D. Victoria Baranetsky, # 2 Declaration Anayansi Diaz-Cortes, # 3 Declaration Megan DeTura, # 4 Exhibit)(Gutierrez, Alexandra) (Filed on 4/8/2021) (Entered: 04/08/2021)
2021-05-0630REPLY (re 29 Cross MOTION for Summary Judgment and OPPOSITION to Defendants' Motion for Summary Judgment , 20 MOTION for Summary Judgment ) and OPPOSITION to Cross Motion for Summary Judgment filed byUnited States Department of Justice, United States Department of State. (Bernardoni, Jevechius) (Filed on 5/6/2021) (Entered: 05/06/2021)
2021-05-2031NOTICE of Voluntary Dismissal by Anayansi Diaz-Cortes, The Center for Investigative Reporting (Baranetsky, Diana) (Filed on 5/20/2021) (Entered: 05/20/2021)
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