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Case TitleLindsay-Poland v. United States Department of Justice et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2022cv07663
Date Filed2022-12-05
Date Closed2024-07-01
JudgeJudge Edward M Chen
PlaintiffJohn Lindsay-Poland
Case DescriptionJohn Lindsay-Poland, a writer and researcher, submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for records concerning a data query of firearms recovered from Mexico, Guatemala, Honduras, and El Salvador, and traced by the ATF. The agency acknowledged receipt of the request. The agency denied the request under Exemption 3 (other statutes), citing the Tiahrt Rider as the basis for the denial. Lindsay-Poland filed an administrative appeal. The agency denied his administrative appeal. Lindsay-Poland then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantUnited States Department of Justice
DefendantBureau of Alcohol, Tobacco, Firearms and Explosives
DefendantGlobal Action on Gun Violence
DefendantThe Center for Investigative Reporting
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [58]
Opinion/Order [60]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-12-051COMPLAINT against Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice ( Filing fee $ 402, receipt number ACANDC-17785699.). Filed byJohn Lindsay-Poland. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet)(Nyong'o, Heather) (Filed on 12/5/2022) (Entered: 12/05/2022)
2022-12-052Proposed Summons. (Nyong'o, Heather) (Filed on 12/5/2022) (Entered: 12/05/2022)
2022-12-053Case assigned to Magistrate Judge Alex G. Tse. 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 12/19/2022. (bw, COURT STAFF) (Filed on 12/5/2022) (Entered: 12/06/2022)
2022-12-064Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/3/2023. Initial Case Management Conference set for 3/10/2023 02:00 PM in San Francisco, Courtroom A, 15th Floor. (cv, COURT STAFF) (Filed on 12/6/2022) (Entered: 12/06/2022)
2022-12-065Summons Issued as to Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice, U.S. Attorney and U.S. Attorney General (cv, COURT STAFF) (Filed on 12/6/2022) (Entered: 12/06/2022)
2022-12-196CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by John Lindsay-Poland.. (Nyong'o, Heather) (Filed on 12/19/2022) (Entered: 12/19/2022)
2022-12-207CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (shy, COURT STAFF) (Filed on 12/20/2022) (Entered: 12/20/2022)
2022-12-218ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward M. Chen for all further proceedings. Magistrate Judge Alex G. Tse no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on 12/21/2022. (Attachments: # 1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 12/21/2022) (Entered: 12/21/2022)
2022-12-219CASE MANAGEMENT CONFERENCE ORDER IN REASSIGNED CASE. Signed by Judge Edward M. Chen on 12/21/2022. Joint Case Management Statement due by 3/7/2023. Initial Case Management Conference set for 3/14/2023 at 01:30 PM by 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 /emc 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/ . (bxs, COURT STAFF) (Filed on 12/21/2022) (Entered: 12/21/2022)
2022-12-2210STIPULATION To Extend Time Within Which to Answer or Respond filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice. (Zack, Adrienne) (Filed on 12/22/2022) (Entered: 12/22/2022)
2022-12-2211MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17847353.) filed by John Lindsay-Poland. (Attachments: # 1 Certificate of Good Standing)(Khanarian, Andrew) (Filed on 12/22/2022) (Entered: 12/22/2022)
2022-12-2212MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17847390.) filed by John Lindsay-Poland. (Attachments: # 1 Certificate of Good Standing)(Vicens, Elizabeth) (Filed on 12/22/2022) (Entered: 12/22/2022)
2022-12-2213Order by Judge Edward M Chen granting 11 Motion for Pro Hac Vice as to Andrew Khanarian. (bxs, COURT STAFF) (Filed on 12/22/2022) (Entered: 12/22/2022)
2022-12-2214Order by Judge Edward M Chen granting 12 Motion for Pro Hac Vice as to Elizabeth Vicens. (bxs, COURT STAFF) (Filed on 12/22/2022) (Entered: 12/22/2022)
2022-12-2915AFFIDAVIT of Service for Summons, Complaint for Injunctive Relief, Exhibits, Civil Cover Sheet, Attachments, Civil Standing Order, Settlement Conference Standing Order, Standing Order for All Judges, Order Settling Initial Case Management Conference and ADR Deadlines /Declaration served on Bureau of Alcohol, Tobacco, Firearms and Explosives, c/o US Attorney's Office, Northern District of California on 12/7/2022, filed by John Lindsay-Poland. (Khanarian, Andrew) (Filed on 12/29/2022) (Entered: 12/29/2022)
2022-12-2916AFFIDAVIT of Service for Summons, Complaint for Injunctive Relief, Exhibits, Civil Cover Sheet, Attachments, Civil Standing Order, Settlement Conference Standing Order, Standing Order for All Judges, Order Settling Initial Case Management Conference and ADR Deadlines /Declaration served on US Department of Justice c/o US Attorney's Office, Northern District of California on 12/7/2022, filed by John Lindsay-Poland. (Khanarian, Andrew) (Filed on 12/29/2022) (Entered: 12/29/2022)
2022-12-2917AFFIDAVIT of Service for Summons, Complaint and Exhibits, Civil Standing Order For Magistrate Judge Alex G. Tse, Settlement Conference Standing Order for Magistrate Alex G. Tse, Standing Order For All Judges of the Northern District of California, Order Setting Initial Case Management Conference and ADR Deadlines /Declaration served on Attorney General of the United States U.S. Department of Justice and Bureau of Alcohol, Tobacco, Firearms and Explosives on 12/7/2022, filed by John Lindsay-Poland. (Khanarian, Andrew) (Filed on 12/29/2022) (Entered: 12/29/2022)
2022-12-2918CERTIFICATE OF SERVICE by John Lindsay-Poland of Case Management Conference Order in Reassigned Case, Civil Standing Order on Discovery U.S. District Judge Edward M. Chen, Civil Standing Order General U.S. District Judge Edward M. Chen, and Standing Order For All Judges of the Northern District of California - Contents of Joint Case Management Statement (Khanarian, Andrew) (Filed on 12/29/2022) (Entered: 12/29/2022)
2023-01-1719NOTICE of Appearance by James Bickford (Bickford, James) (Filed on 1/17/2023) (Entered: 01/17/2023)
2023-01-2720ANSWER to Complaint byBureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice. (Bickford, James) (Filed on 1/27/2023) (Entered: 01/27/2023)
2023-02-2221ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cmf, COURT STAFF) (Filed on 2/22/2023) (Entered: 02/22/2023)
2023-02-2722STIPULATION WITH PROPOSED ORDER TO EXTEND PARTIES' ADR CERTIFICATION DEADLINE filed by John Lindsay-Poland. (Attachments: # 1 Declaration of Andrew G. Khanarian)(Khanarian, Andrew) (Filed on 2/27/2023) (Entered: 02/27/2023)
2023-02-2723Certificate of Interested Entities by John Lindsay-Poland (Khanarian, Andrew) (Filed on 2/27/2023) (Entered: 02/27/2023)
2023-03-0124Order by Judge Edward M Chen GRANTING 22 STIPULATION TO EXTEND PARTIES' ADR CERTIFICATION DEADLINE.(vla, COURT STAFF) (Filed on 3/1/2023) (Entered: 03/01/2023)
2023-03-0125ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Khanarian, Andrew) (Filed on 3/1/2023) (Entered: 03/01/2023)
2023-03-0226ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Bickford, James) (Filed on 3/2/2023) (Entered: 03/02/2023)
2023-03-0727CASE MANAGEMENT STATEMENT filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice. (Bickford, James) (Filed on 3/7/2023) (Entered: 03/07/2023)
2023-03-0828CLERK'S NOTICE CONTINUING INITIAL CASE MANAGMENT CONFERENCE AND SETTING ZOOM HEARING. Initial Case Management Conference reset from 3/14/2023 at 1:30 PM to 3/15/2023 at 3:30 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. ALL COUNSEL PARTICIPATING IN THE HEARING ARE REQUIRED TO LOG IN TO ZOOM NO LATER THAN :20 PM. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emc 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.) (vla, COURT STAFF) (Filed on 3/8/2023) (Entered: 03/08/2023)
2023-03-2329Minute Entry for proceedings held before Judge Edward M Chen: Status Conference held on 3/15/2023. Digital Recording Time: 4:05-4:08. (vla, COURT STAFF) (Date Filed: 3/23/2023) Modified on 3/27/2023 (vla, COURT STAFF). (Entered: 03/23/2023)
2023-05-1730STIPULATION to Extend Summary Judgment Briefing Schedule filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice. (Attachments: # 1 Declaration of James Bickford)(Bickford, James) (Filed on 5/17/2023) (Entered: 05/17/2023)
2023-05-3031ORDER GRANTING 30 DEFENDANTS' STIPULATED MOTION FOR EXTENSION OF BRIEFING SCHEDULE. Signed by Judge Edward M. Chen on 5/30/2023. (vla, COURT STAFF) (Filed on 5/30/2023) (Entered: 05/30/2023)
2023-06-0132MOTION for Summary Judgment filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice. Motion Hearing set for 10/19/2023 01:30 PM in Oakland, - Videoconference Only before Judge Edward M Chen. Responses due by 7/31/2023. Replies due by 8/21/2023. (Attachments: # 1 Memorandum of Law, # 2 Proposed Order)(Bickford, James) (Filed on 6/1/2023) (Entered: 06/01/2023)
2023-06-0133Declaration of Adam C. Siple in Support of 32 MOTION for Summary Judgment filed byBureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Related document(s) 32 ) (Bickford, James) (Filed on 6/1/2023) (Entered: 06/01/2023)
2023-07-3134MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18498602.) filed by John Lindsay-Poland. (Attachments: # 1 Certificate of Good Standing)(Pucino, David) (Filed on 7/31/2023) (Entered: 07/31/2023)
2023-07-3135Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment filed by John Lindsay-Poland. Motion Hearing set for 10/19/2023 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M Chen. Responses due by 8/21/2023. Replies due by 9/11/2023. (Attachments: # 1 Proposed Order)(Vicens, Elizabeth) (Filed on 7/31/2023) (Entered: 07/31/2023)
2023-07-3136Declaration of John Lindsay-Poland in Support of 35 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment filed byJohn Lindsay-Poland. (Related document(s) 35 ) (Vicens, Elizabeth) (Filed on 7/31/2023) (Entered: 07/31/2023)
2023-08-0337ORDER by Judge Edward M Chen GRANTING 34 Motion for Pro Hac Vice as to David Pucino. (jlg, COURT STAFF) (Filed on 8/3/2023) (Entered: 08/03/2023)
2023-08-0738MOTION to File Amicus Curiae Brief filed by Global Action on Gun Violence. Motion Hearing set for 10/19/2023 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M Chen. Responses due by 8/21/2023. Replies due by 8/28/2023. (Attachments: # 1 Exhibit BRIEF OF AMICUS CURIAE GLOBAL ACTION ON GUN VIOLENCE IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT, # 2 Proposed Order [PROPOSED] ORDER GRANTING MOTION OF GLOBAL ACTION ON GUN VIOLENCE FOR LEAVE TO FILE BRIEF AS AMICUS CURIAE)(Saber, Amanda) (Filed on 8/7/2023) (Entered: 08/07/2023)
2023-08-0739MOTION to File Amicus Curiae Brief in Support of Plaintiff filed by The Center for Investigative Reporting. Responses due by 8/21/2023. Replies due by 8/28/2023. (Attachments: # 1 Supplement Amicus Brief In Support of Plaintiff, # 2 Declaration In Support of Motion, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E)(Baranetsky, Diana) (Filed on 8/7/2023) (Entered: 08/07/2023)
2023-08-0940NOTICE of Appearance by Kristin J. Madigan (Madigan, Kristin) (Filed on 8/9/2023) (Entered: 08/09/2023)
2023-08-1041First MOTION for leave to appear in Pro Hac Vice Anuj Vohra ( Filing fee $ 317, receipt number ACANDC-18531567.) filed by Global Action on Gun Violence. (Attachments: # 1 Exhibit Certificate of Good Standing)(Vohra, Anuj) (Filed on 8/10/2023) (Entered: 08/10/2023)
2023-08-1042First MOTION for leave to appear in Pro Hac Vice Issac D. Schabes ( Filing fee $ 317, receipt number ACANDC-18531570.) filed by Global Action on Gun Violence. (Attachments: # 1 Exhibit Certificate of Good Standing)(Schabes, Issac) (Filed on 8/10/2023) (Entered: 08/10/2023)
2023-08-1043Order by Judge Edward M Chen granting 41 Motion for Pro Hac Vice as to Anuj Vohra. (bxl, COURT STAFF) (Filed on 8/10/2023) (Entered: 08/10/2023)
2023-08-1044Order by Judge Edward M Chen granting 42 Motion for Pro Hac Vice as to Issac D. Schabes. (bxl, COURT STAFF) (Filed on 8/10/2023) (Entered: 08/10/2023)
2023-08-1645STIPULATION to Extend Summary Judgment Briefing Schedule filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice. (Attachments: # 1 Declaration of James Bickford)(Bickford, James) (Filed on 8/16/2023) (Entered: 08/16/2023)
2023-08-1746ORDER GRANTING 45 DEFENDANTS' STIPULATED MOTION FOR EXTENSION OF BRIEFING SCHEDULE. Defendants' Opposition and Reply due by 8/25/2023. Mr. Lindsay-Poland's Reply due by 9/15/2023. Signed by Judge Edward M. Chen on 8/17/2023. (vla, COURT STAFF) (Filed on 8/17/2023) (Entered: 08/17/2023)
2023-08-2147ORDER by Judge Edward M. Chen granting 39 Motion to File Amicus Curiae Brief; and granting 38 Motion to File Amicus Curiae Brief. The amicus briefs attached to the motions are deemed filed. The government may file a single brief in response to the two amicus briefs, no longer than twenty (20) pages total, by 8/28/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (emclc2, COURT STAFF) (Filed on 8/21/2023) (Entered: 08/21/2023)
2023-08-2548REPLY (re 32 MOTION for Summary Judgment ) filed byBureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice. (Bickford, James) (Filed on 8/25/2023) (Entered: 08/25/2023)
2023-08-2549OPPOSITION/RESPONSE (re 35 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment ) filed byBureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice. (Bickford, James) (Filed on 8/25/2023) (Entered: 08/25/2023)
2023-08-3150NOTICE of Appearance by Pardis Gheibi (Gheibi, Pardis) (Filed on 8/31/2023) (Entered: 08/31/2023)
2023-09-1551***POSTED IN ERROR *** MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18646355.) filed by John Lindsay-Poland. (Attachments: # 1 Exhibit Certificate of Good Standing)(Clark, William) (Filed on 9/15/2023) Modified on 9/18/2023 (cv, COURT STAFF). (Entered: 09/15/2023)
2023-09-1552REPLY (re 35 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment ) filed byJohn Lindsay-Poland. (Vicens, Elizabeth) (Filed on 9/15/2023) (Entered: 09/15/2023)
2023-09-1853MOTION for leave to appear in Pro Hac Vice CORRECTION OF DOCKET # 51 ( Filing fee $ 317, receipt number ACANDC-18646355..) Filing fee previously paid on 9/15/2023 filed by John Lindsay-Poland. (Attachments: # 1 Exhibit Certificate of Good Standing)(Clark, William) (Filed on 9/18/2023) (Entered: 09/18/2023)
2023-09-1854Order by Judge Edward M Chen GRANTING 53 Motion for Pro Hac Vice as to William Clark.(vla, COURT STAFF) (Filed on 9/18/2023) (Entered: 09/18/2023)
2023-10-1155CLERK'S NOTICE SETTING ZOOM HEARING. Motion Hearing as to 32 MOTION for Summary Judgment and 35 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment set for 10/19/2023, at 1:30 PM in San Francisco, - Videoconference Only before Judge Edward M Chen. 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/emc 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.) (vla, COURT STAFF) (Filed on 10/11/2023) (Entered: 10/11/2023)
2023-10-1856ORDER. For the hearing on 32 , 35 the motions for summary judgment, the parties shall be prepared to address the circumstances in which it is permissible to consider evidence outside the administrative record in a FOIA case. Signed by Judge Edward M. Chen on 10/18/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (emclc2, COURT STAFF) (Filed on 10/18/2023) (Entered: 10/18/2023)
2023-10-1957Minute Entry for proceedings held before Judge Edward M Chen: Motion Hearing held via Zoom on 10/19/2023 re 32 MOTION for Summary Judgment and 35 Cross MOTION for Summary Judgment. Matter taken under submission. Total Time in Court: 38 minutes. Court Reporter: Summer Fisher. (tmi, COURT STAFF) (Date Filed: 10/19/2023) (Entered: 10/26/2023)
2023-12-1958ORDER by Judge Edward M. Chen denying in part 32 Defendants' Motion for Summary Judgment; granting in part 35 Plaintiff's Motion for Summary Judgment. The Court remands for further proceedings consistent with this decision. The Court also stays further proceedings in this suit pending the remand. (emclc2, COURT STAFF) (Filed on 12/19/2023) (Entered: 12/19/2023)
2024-06-2759STIPULATION WITH PROPOSED ORDER of Voluntary Dismissal filed by John Lindsay-Poland. (Vicens, Elizabeth) (Filed on 6/27/2024) (Entered: 06/27/2024)
2024-07-0160ORDER DISMISSING CASE. Signed by Judge Edward M. Chen on 7/1/2024. (vla, COURT STAFF) (Filed on 7/1/2024) (Entered: 07/01/2024)
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