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Case TitleSierra Club et al v. DeJoy
DistrictNorthern District of California
CitySan Francisco
Case Number3:2022cv04368
Date Filed2022-07-28
Date Closed2023-08-24
JudgeMagistrate Judge Laurel Beeler
PlaintiffSierra Club Sierra Club
PlaintiffElders Climate Action Elders Climate Action
Case DescriptionThe Sierra Club and Elders Climate Action submitted a FOIA request to the U.S. Postal Service for records concerning a contract between USPS and Oshkosh Defense for the production of 50,000 to 165,000 mail delivery vehicles, of which only 10 percent of vehicles were required to electric. The agency acknowledged receipt of the request. The agency withheld some records under Exemption 3 (other statutes), Exemption 4 (commercial and confidential), Exemption 5 (privileges), and Exemption 6 (invasion of privacy). The Sierra Club and ECA filed an administrative appeal. USPS responded by indicating it would withhold Oshkosh's entire 200-page proposal under Exemption 4. The Sierra Club and ECA filed a second administrative appeal. However, after hearing nothing further from the agency, the Sierra Club and ECA filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantPostmaster General Louis DeJoy Louis DeJoy, in his official capacity as Postmaster General, United States Postal Service
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-07-281COMPLAINT for injunctive and declaratory relief against Louis DeJoy ( Filing fee $ 402, receipt number ACANDC-17392080.). Filed bySierra Club. (Attachments: # 1 Civil Cover Sheet)(Endo, Michelle) (Filed on 7/28/2022) (Entered: 07/28/2022)
2022-07-282Proposed Summons. (Endo, Michelle) (Filed on 7/28/2022) (Entered: 07/28/2022)
2022-07-283Case 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/11/2022. (jlg, COURT STAFF) (Filed on 7/28/2022) (Entered: 07/28/2022)
2022-07-284Certificate of Interested Entities by Sierra Club and Elders Climate Action (Endo, Michelle) (Filed on 7/28/2022) (Entered: 07/28/2022)
2022-07-295Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/20/2022. Initial Case Management Conference set for 10/27/2022 11:00 AM in San Francisco, Courtroom B, 15th Floor. (hdj, COURT STAFF) (Filed on 7/29/2022) (Entered: 07/29/2022)
2022-07-296Summons Issued as to Louis DeJoy. (hdj, COURT STAFF) (Filed on 7/29/2022) (Entered: 07/29/2022)
2022-08-157CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Sierra Club.. (Saxonhouse, Elena) (Filed on 8/15/2022) (Entered: 08/15/2022)
2022-08-248CERTIFICATE OF SERVICE by Sierra Club , SUMMONS Returned Executed by Sierra Club. Louis DeJoy served on 8/8/2022, answer due 10/7/2022. (Saxonhouse, Elena) (Filed on 8/24/2022) (Entered: 08/24/2022)
2022-08-309CLERK'S NOTICE SETTING ZOOM HEARING: Initial Case Management Conference set for 10/27/2022 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 10/20/2022. 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.) (ejk, COURT STAFF) (Filed on 8/30/2022) (Entered: 08/30/2022)
2022-09-1910SUMMONS Returned Executed (FOIA) by Sierra Club. Louis DeJoy served on 9/12/2022, answer due 10/12/2022. (Supplemental Certificate of Service Correcting USAO Address)) (Saxonhouse, Elena) (Filed on 9/19/2022) (Entered: 09/19/2022)
2022-10-0611ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Sierra Club and Elders Climate Action) (Saxonhouse, Elena) (Filed on 10/6/2022) (Entered: 10/06/2022)
2022-10-0712STIPULATION to Extend Time to Respond to Complaint filed by Louis DeJoy. (Mehta, Sapna) (Filed on 10/7/2022) (Entered: 10/07/2022)
2022-10-0713ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Mehta, Sapna) (Filed on 10/7/2022) (Entered: 10/07/2022)
2022-10-0714CLERK'S NOTICE Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge. 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 . Consent/Declination due by 10/21/2022 . (ejk, COURT STAFF) (Filed on 10/7/2022) (Entered: 10/07/2022)
2022-10-0715CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Initial Case Management Conference previously set for 10/27/2022 is reset to 12/15/2022 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 12/8/2022. 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.uscour ts.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/ . (ejk, COURT STAFF) (Filed on 10/7/2022) (Entered: 10/07/2022)
2022-10-1116NOTICE of Change In Counsel by Elena Kathryn Saxonhouse (Michelle Endo withdrawing as counsel for Plaintiffs) (Saxonhouse, Elena) (Filed on 10/11/2022) (Entered: 10/11/2022)
2022-10-1717CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Louis DeJoy.. (Mehta, Sapna) (Filed on 10/17/2022) (Entered: 10/17/2022)
2022-10-2618ANSWER to Complaint byLouis DeJoy. (Mehta, Sapna) (Filed on 10/26/2022) (Entered: 10/26/2022)
2022-11-1419AMENDED COMPLAINT to correct name of defendant to agency name rather than individual against All Defendants. Filed bySierra Club. (Saxonhouse, Elena) (Filed on 11/14/2022) (Entered: 11/14/2022)
2022-11-2820ANSWER to Amended Complaint byLouis DeJoy. (Mehta, Sapna) (Filed on 11/28/2022) (Entered: 11/28/2022)
2022-12-0821JOINT CASE MANAGEMENT STATEMENT filed by Louis DeJoy. (Mehta, Sapna) (Filed on 12/8/2022) (Entered: 12/08/2022)
2022-12-1522CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE. Initial Case Management Conference set for 12/15/2022 is reset to 12/22/2022 at 9:30 AM in San Francisco - Videoconference Only. 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 grante d 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.) (ejk, COURT STAFF) (Filed on 12/15/2022) (Entered: 12/15/2022)
2022-12-2123Erroneous Entry--Please Ignore STIPULATION WITH PROPOSED ORDER Regarding Schedule filed by Sierra Club. (Saxonhouse, Elena) (Filed on 12/21/2022) Modified on 12/21/2022 (msr, COURT STAFF). (Entered: 12/21/2022)
2022-12-2124STIPULATION WITH PROPOSED ORDER (correcting Docket No. 23 to include signatures of counsel) filed by Sierra Club. (Saxonhouse, Elena) (Filed on 12/21/2022) (Entered: 12/21/2022)
2022-12-2225Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Initial Case Management Conference held via Zoom on 12/22/2022. Court approves the parties schedule at ECF 24. (Not Reported). Total Time in Court: 3 minutes. Plaintiffs' Attorney: Elena Kathryn Saxonhouse. Defendant Attorney: Sapna S. Mehta. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Date Filed: 12/22/2022) (Entered: 12/27/2022)
2022-12-2226ORDER re: 24 Stipulation Regarding Schedule. Defendants Motion for Summary Judgment 3/1/2023. Plaintiffs Opposition and Cross-Motion for Summary Judgment 3/15/2023. Defendants Opposition to Cross-Motion for Summary Judgment and Reply 3/29/2023. Plaintiffs Reply 4/12/2023. Hearing on Motion for Summary Judgment 4/20/2023 at 9:30 a.m. The MSJ must be noticed for a hearing on April 20, 2023 at 9:30 a.m. absent stipulation of the parties and further order of the court. As a calendaring device, the court sets a case-management conference on that date at 9:30 a.m. 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/ . Signed by Judge Laurel Beeler on 12/22/2022. (ejk, COURT STAFF) (Filed on 12/22/2022) (Entered: 12/27/2022)
2023-02-2427STIPULATION WITH PROPOSED ORDER to Extend Briefing Schedule filed by Louis DeJoy. (Attachments: # 1 Declaration of Sapna Mehta)(Mehta, Sapna) (Filed on 2/24/2023) (Entered: 02/24/2023)
2023-02-2428ORDER re: 27 Stipulation to Extend Briefing Schedule. The court approves the new briefing schedule but does not set hearings and instead relies on the parties to notice motions for any available Thursday. Motions generally are on a five-week calendar and always are set for hearings at least two weeks after full briefing. The court is not sure how the parties expect the court to address their dispute if a case is briefed the day before the hearing. For now, the court vacates the 4/20/2023 CMC and resets it to 5/4/2023 at 9:30 a.m. The parties can notice the motion when filed for that day or any available Thursday at least two weeks after full briefing. Further Case Management Conference set for 5/4/2023 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 4/27/2023. 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/ . Signed by Judge Laurel Beeler on 02/24/2023. (ejk, COURT STAFF) (Filed on 2/24/2023) (Entered: 02/24/2023)
2023-03-1429STIPULATION WITH PROPOSED ORDER to Postpone Briefing Schedule filed by Louis DeJoy. (Mehta, Sapna) (Filed on 3/14/2023) (Entered: 03/14/2023)
2023-03-1530ORDER re: 29 Stipulation to Postpone Briefing Schedule. The court sets the summary-judgment hearing date for a CMC because it does not calendar possible motions and instead relies on the parties to notice them on the approved schedule on filing. The parties will file a joint status report by 4/14/2023. Defendant's motion for summary judgment due by 4/17/2023. Plaintiffs' opposition and cross-motion for summary judgment due by 5/1/2023. Defendant's opposition and reply due by 5/15/2023. Plaintiffs' reply due by 5/22/2023. Further Case Management Conference set for 6/8/2023 at 9:30 AM in San Francisco - Videoconference Only. 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/ . Signed by Judge Laurel Beeler on 03/15/2023. (ejk, COURT STAFF) (Filed on 3/15/2023) (Entered: 03/15/2023)
2023-03-2931STIPULATION WITH PROPOSED ORDER to Vacate Briefing Schedule filed by Louis DeJoy. (Mehta, Sapna) (Filed on 3/29/2023) (Entered: 03/29/2023)
2023-03-3032ORDER re: 31 Stipulation to Vacate Briefing Schedule. Signed by Judge Laurel Beeler on 03/30/2023. (ejk, COURT STAFF) (Filed on 3/30/2023) (Entered: 03/30/2023)
2023-05-3033STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by Louis DeJoy. (Mehta, Sapna) (Filed on 5/30/2023) (Entered: 05/30/2023)
2023-05-3034ORDER re: 33 Stipulation to Continue Case Management Conference. Further Case Management Conference previously set for 6/8/2023 is reset to 7/13/2023 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 7/6/2023. 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/ . Signed by Judge Laurel Beeler on 05/30/2023. (ejk, COURT STAFF) (Filed on 5/30/2023) (Entered: 05/30/2023)
2023-07-0635STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by Louis DeJoy. (Mehta, Sapna) (Filed on 7/6/2023) (Entered: 07/06/2023)
2023-07-0736Order. Signed 7/7/2023 by Magistrate Judge Laurel Beeler granting 35 Stipulation to Continue Case Mgmt Conference.(klh, COURT STAFF) (Filed on 7/7/2023) (Entered: 07/07/2023)
2023-07-07See Order 36 Set Deadlines/Hearings: Case Management Statement due by 8/4/2023. Initial Case Management Conference set for 7/13/2023 is continued to 8/17/2023 11:00 AM in San Francisco, - Videoconference Only. 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/ . (klh, COURT STAFF) (Filed on 7/7/2023) (Entered: 07/07/2023)
2023-08-0437NOTICE by Louis DeJoy of Settlement (Mehta, Sapna) (Filed on 8/4/2023) (Entered: 08/04/2023)
2023-08-0438CLERK'S NOTICE SETTING STATUS CONFERENCE: In light of the Notice of Settlement, the court vacates all dates and sets a Status Conference for 9/28/2023 to avoid losing track of the case and directs the filing of a dismissal or short update by 9/21/2023. Status Conference set for 9/28/2023 at 11:00 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. Case Management Statement due by 9/21/2023. 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/ . (ejk, COURT STAFF) (Filed on 8/4/2023) (Entered: 08/04/2023)
2023-08-2339STIPULATION WITH PROPOSED ORDER of Settlement and Dismissal with Prejudice filed by Louis DeJoy. (Mehta, Sapna) (Filed on 8/23/2023) (Entered: 08/23/2023)
2023-08-2440Order by Magistrate Judge Laurel Beeler granting 39 Stipulation of Settlement and Dismissal with Prejudice. (ejk, COURT STAFF) (Filed on 8/24/2023) (Entered: 08/24/2023)
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