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Case TitleUS Right to Know v. United States Department of Defense, Uniformed Services University of the Health Sciences
DistrictNorthern District of California
CitySan Francisco
Case Number3:2023cv02956
Date Filed2023-06-15
Date ClosedOpen
JudgeMagistrate Judge Thomas S. Hixson
PlaintiffUS Right to Know
Case DescriptionU.S. Right to Know submitted a FOIA request to the Uniformed Services University of the Health Sciences, part of the Department of Defense, for records pertaining to two named USU employees. The first part asked for emails sent from two specific email domains. The second part asked for correspondence between the two identified USU employees and 18 specific email addresses. USRTK also requested a fee waiver. After hearing nothing further from the agency, USRTK filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantUNITED STATES DEPARTMENT OF DEFENSE, UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [50]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-06-151COMPLAINT against UNITED STATES DEPARTMENT OF DEFENSE, UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES ( Filing fee $ 402, receipt number BCANDC-18365854.). Filed byUS Right to Know. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A to Complaint)(Rivo, Lily) (Filed on 6/15/2023) Modified on 6/16/2023 (far, COURT STAFF). (Entered: 06/15/2023)
2023-06-152Corporate Disclosure Statement by US Right to Know (Rivo, Lily) (Filed on 6/15/2023) (Entered: 06/15/2023)
2023-06-153Case assigned to Magistrate Judge Thomas S. Hixson. 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 6/29/2023. (as, COURT STAFF) (Filed on 6/15/2023) (Entered: 06/15/2023)
2023-06-154Proposed Summons. (Attachments: # 1 Summons Additional Defendants)(Rivo, Lily) (Filed on 6/15/2023) (Entered: 06/15/2023)
2023-06-165Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/7/2023. Initial Case Management Conference set for 9/14/2023 10:00 AM in San Francisco, Courtroom E, 15th Floor. (far, COURT STAFF) (Filed on 6/16/2023) (Entered: 06/16/2023)
2023-06-166Summons Issued as to UNITED STATES DEPARTMENT OF DEFENSE, UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES, U.S. Attorney and U.S. Attorney General (far, COURT STAFF) (Filed on 6/16/2023) (Entered: 06/16/2023)
2023-06-207CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by US Right to Know.. (Rivo, Lily) (Filed on 6/20/2023) (Entered: 06/20/2023)
2023-07-058MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18418654.) filed by US Right to Know. (Snyder, Daniel) (Filed on 7/5/2023) (Entered: 07/05/2023)
2023-07-059ORDER by Magistrate Judge Thomas S. Hixson granting 8 Motion for Pro Hac Vice. (rmm2, COURT STAFF) (Filed on 7/5/2023) (Entered: 07/05/2023)
2023-07-2410NOTICE by US Right to Know of Unavailability of Counsel (Snyder, Daniel) (Filed on 7/24/2023) (Entered: 07/24/2023)
2023-07-2611SUMMONS Returned Executed by US Right to Know. UNITED STATES DEPARTMENT OF DEFENSE, UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES served on 7/17/2023, answer due 8/7/2023. Per 5 U.S.C. § 552(a)(4)(C), Answer is Due 08/16/2023 (Doughty, Rachel) (Filed on 7/26/2023) (Entered: 07/26/2023)
2023-07-2612SUMMONS Returned Executed (FOIA) by US Right to Know. UNITED STATES DEPARTMENT OF DEFENSE, UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES served on 7/13/2023, answer due 8/14/2023. U.S. Attorney's Office (Doughty, Rachel) (Filed on 7/26/2023) (Entered: 07/26/2023)
2023-07-2613SUMMONS Returned Executed (FOIA) by US Right to Know. UNITED STATES DEPARTMENT OF DEFENSE, UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES served on 7/24/2023, answer due 8/23/2023. Office of the Secretary (Doughty, Rachel) (Filed on 7/26/2023) (Entered: 07/26/2023)
2023-07-2614SUMMONS Returned Executed (FOIA) by US Right to Know. Attorney General of the United States (Doughty, Rachel) (Filed on 7/26/2023) (Entered: 07/26/2023)
2023-08-0815STIPULATION re 1 Complaint, Stipulation to extend Time to Respond to Complaint filed by UNITED STATES DEPARTMENT OF DEFENSE, UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES. (Mohan, Sharanya) (Filed on 8/8/2023) (Entered: 08/08/2023)
2023-08-0816ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Parties and Counsel (Snyder, Daniel) (Filed on 8/8/2023) (Entered: 08/08/2023)
2023-08-1617ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Mohan, Sharanya) (Filed on 8/16/2023) (Entered: 08/16/2023)
2023-08-1718CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by UNITED STATES DEPARTMENT OF DEFENSE, UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES.. (Mohan, Sharanya) (Filed on 8/17/2023) (Entered: 08/17/2023)
2023-08-2519NOTICE of Substitution of Counsel by Ekta Dharia for Defendant (Dharia, Ekta) (Filed on 8/25/2023) (Entered: 08/25/2023)
2023-08-3020STIPULATION WITH PROPOSED ORDER Stipulated Request to Continue Initial Case Management Conference; [Proposed] Order filed by UNITED STATES DEPARTMENT OF DEFENSE, UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES. (Dharia, Ekta) (Filed on 8/30/2023) (Entered: 08/30/2023)
2023-08-3021ORDER by Judge Thomas S. Hixson granting 20 Stipulation. Case Management Statement due by 10/12/2023. Initial Case Management Conference set for 10/19/2023 10:00 AM. (tshlc1, COURT STAFF) (Filed on 8/30/2023) (Entered: 08/30/2023)
2023-09-1122ANSWER to Complaint byUNITED STATES DEPARTMENT OF DEFENSE, UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES. (Dharia, Ekta) (Filed on 9/11/2023) (Entered: 09/11/2023)
2023-09-2623STIPULATION WITH PROPOSED ORDER Stipulation Regarding Case Management and FOIA Record Production; [Proposed] Order filed by UNITED STATES DEPARTMENT OF DEFENSE, UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES. (Dharia, Ekta) (Filed on 9/26/2023) (Entered: 09/26/2023)
2023-09-2824ORDER by Magistrate Judge Thomas S. Hixson granting 23 Stipulation regarding case management and FOIA record production. (rmm2, COURT STAFF) (Filed on 9/28/2023) (Entered: 09/28/2023)
2023-09-28Set Deadlines/Hearings: Status Report due by 4/5/2024. (tshlc1, COURT STAFF) (Filed on 9/28/2023) (Entered: 09/28/2023)
2024-04-0325STIPULATION WITH PROPOSED ORDER filed by UNITED STATES DEPARTMENT OF DEFENSE, UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES. (Smith, Valerie) (Filed on 4/3/2024) (Entered: 04/03/2024)
2024-04-0926ORDER by Judge Thomas S. Hixson granting 25 Stipulation. Status Report due by 6/5/2024. (tshlc1, COURT STAFF) (Filed on 4/9/2024) (Entered: 04/09/2024)
2024-06-0527STIPULATION WITH PROPOSED ORDER to continue status report deadline filed by UNITED STATES DEPARTMENT OF DEFENSE, UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES. (Smith, Valerie) (Filed on 6/5/2024) (Entered: 06/05/2024)
2024-06-0728ORDER by Magistrate Judge Thomas S. Hixson granting 27 Stipulation to continue deadline for status report. (rmm2, COURT STAFF) (Filed on 6/7/2024) (Entered: 06/07/2024)
2024-06-07Set Deadlines/Hearings: Status Report due by 9/5/2024. (tshlc1, COURT STAFF) (Filed on 6/7/2024) (Entered: 06/07/2024)
2024-09-0529STATUS REPORT AND PROPOSED ORDER by UNITED STATES DEPARTMENT OF DEFENSE, UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES. (Smith, Valerie) (Filed on 9/5/2024) (Entered: 09/05/2024)
2024-09-0630STATUS REPORT ORDER: Status Report due by 11/5/2024. Signed by Judge Thomas S. Hixson on 9/6/2024. (tshlc1, COURT STAFF) (Filed on 9/6/2024) (Entered: 09/06/2024)
2024-11-0531STATUS REPORT and [proposed] briefing schedule by UNITED STATES DEPARTMENT OF DEFENSE, UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES. (Smith, Valerie) (Filed on 11/5/2024) (Entered: 11/05/2024)
2024-11-0632ORDER SETTING BRIEFING SCHEDULE Plaintiff's Motion for Attorneys' Fees due December 20, 2024 Defendant's Response due February 3, 2025 Plaintiff's Reply due February 18, 2025 Hearing scheduled on March 20, 2025 at 10:00 a.m. Signed by Judge Thomas S. Hixson on 11/6/2024. (tshlc1, COURT STAFF) (Filed on 11/6/2024) (Entered: 11/06/2024)
2024-12-2033MOTION for Attorney Fees and Costs filed by US Right to Know. Motion for Attorney Fees Hearing set for 3/20/2025 10:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Thomas S. Hixson. Responses due by 2/3/2025. Replies due by 2/18/2025. (Attachments: # 1 Proposed Order)(Doughty, Rachel) (Filed on 12/20/2024) (Entered: 12/20/2024)
2024-12-2034Declaration of Gary Ruskin in Support of 33 MOTION for Attorney Fees and Costs filed byUS Right to Know. (Related document(s) 33 ) (Doughty, Rachel) (Filed on 12/20/2024) (Entered: 12/20/2024)
2024-12-2035Declaration of David Bahr in Support of 33 MOTION for Attorney Fees and Costs filed byUS Right to Know. (Related document(s) 33 ) (Doughty, Rachel) (Filed on 12/20/2024) (Entered: 12/20/2024)
2024-12-2036Declaration of Rachel S. Doughty in Support of 33 MOTION for Attorney Fees and Costs filed byUS Right to Know. (Attachments: # 1 Exhibit Exhibit A to Declaration of Rachel Doughty, # 2 Exhibit Exhibit B to Declaration of Rachel Doughty, # 3 Exhibit Exhibit C to Declaration of Rachel Doughty)(Related document(s) 33 ) (Doughty, Rachel) (Filed on 12/20/2024) (Entered: 12/20/2024)
2024-12-2037Declaration of Daniel C. Snyder in Support of 33 MOTION for Attorney Fees and Costs filed byUS Right to Know. (Attachments: # 1 Exhibit Exhibit A to Declaration of Daniel C. Snyder, # 2 Exhibit Exhibit B to Declaration of Daniel C. Snyder, # 3 Exhibit Exhibit C to Declaration of Daniel C. Snyder, # 4 Exhibit Exhibit D to Declaration of Daniel C. Snyder, # 5 Exhibit Exhibit E to Declaration of Daniel C. Snyder, # 6 Exhibit Exhibit F to Declaration of Daniel C. Snyder)(Related document(s) 33 ) (Doughty, Rachel) (Filed on 12/20/2024) (Entered: 12/20/2024)
2024-12-20Set Deadlines/Hearings: (tshlc1, COURT STAFF) (Filed on 12/20/2024) (Entered: 01/23/2025)
2024-12-2338Declaration of Richard Drury in Support of 33 MOTION for Attorney Fees and Costs filed byUS Right to Know. (Related document(s) 33 ) (Doughty, Rachel) (Filed on 12/23/2024) (Entered: 12/23/2024)
2025-01-1439NOTICE of Appearance filed by Richard A. Brody on behalf of US Right to Know (Brody, Richard) (Filed on 1/14/2025) (Entered: 01/14/2025)
2025-01-1440NOTICE of Appearance filed by Richard A. Brody on behalf of US Right to Know (Brody, Richard) (Filed on 1/14/2025) (Entered: 01/14/2025)
2025-01-2741STIPULATION WITH PROPOSED ORDER related to briefing schedule filed by UNITED STATES DEPARTMENT OF DEFENSE, UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES. (Smith, Valerie) (Filed on 1/27/2025) (Entered: 01/27/2025)
2025-01-2842ORDER GRANTING 41 STIPULATION WITH PROPOSED ORDER related to briefing schedule as to 33 MOTION for Attorney Fees and Costs. Motion Hearing set for 3/27/2025 10:00 AM before Magistrate Judge Thomas S. Hixson. Responses due by 2/7/2025. Replies due by 3/7/2025. Signed by Judge Thomas S. Hixson on 1/28/2025. (tshlc1, COURT STAFF) (Filed on 1/28/2025) (Entered: 01/28/2025)
2025-01-28Set Deadlines/Hearings: (tshlc1, COURT STAFF) (Filed on 1/28/2025) (Entered: 01/28/2025)
2025-01-2943STIPULATION WITH PROPOSED ORDER to continue Defendant's deadline to respond to February 18, 2025 filed by UNITED STATES DEPARTMENT OF DEFENSE, UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES. (Attachments: # 1 Declaration Valerie E. Smith)(Smith, Valerie) (Filed on 1/29/2025) (Entered: 01/29/2025)
2025-01-3044ORDER by Magistrate Judge Thomas S. Hixson granting 43 Stipulation re Amended Stipulation and Proposed Order re status report. (rmm2, COURT STAFF) (Filed on 1/30/2025) (Entered: 01/30/2025)
2025-02-1845OPPOSITION/RESPONSE (re 33 MOTION for Attorney Fees and Costs ) filed byUNITED STATES DEPARTMENT OF DEFENSE, UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES. (Attachments: # 1 Declaration Van Nostrand)(Smith, Valerie) (Filed on 2/18/2025) (Entered: 02/18/2025)
2025-02-1846DECLARATION of Valerie E. Smith in Opposition to 33 MOTION for Attorney Fees and Costs filed byUNITED STATES DEPARTMENT OF DEFENSE, UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Related document(s) 33 ) (Smith, Valerie) (Filed on 2/18/2025) (Entered: 02/18/2025)
2025-02-2447MOTION leave to conduct March 27, 2025 hearing by video conference (unopposed) re 33 MOTION for Attorney Fees and Costs and [Prop] Order filed by US Right to Know. Responses due by 3/10/2025. Replies due by 3/17/2025. (Snyder, Daniel) (Filed on 2/24/2025) (Entered: 02/24/2025)
2025-02-2848ERRATA re 36 Declaration in Support, CORRECTION OF DOCKET # [36-1] by US Right to Know. (Doughty, Rachel) (Filed on 2/28/2025) (Entered: 02/28/2025)
2025-03-0749REPLY (re 33 MOTION for Attorney Fees and Costs ) filed byUS Right to Know. (Attachments: # 1 Declaration Second Declaration of Gary Ruskin, # 2 Declaration Second Declaration of Rachel S. Doughty, # 3 Exhibit Exhibit A to Declaration of Rachel S. Doughty, # 4 Exhibit Exhibit B to Declaration of Rachel S. Doughty, # 5 Exhibit Exhibit C to Declaration of Rachel S. Doughty, # 6 Exhibit Exhibit D to Declaration of Rachel S. Doughty, # 7 Exhibit Exhibit E to Declaration of Rachel S. Doughty, # 8 Exhibit Exhibit F to Declaration of Rachel S. Doughty, # 9 Exhibit Exhibit G to Declaration of Rachel S. Doughty)(Doughty, Rachel) (Filed on 3/7/2025) (Entered: 03/07/2025)
2025-03-1950ORDER by Judge Thomas S. Hixson granting in part and denying in part 33 Motion for Attorney Fees. The Court awards $74,312.88 in attorneys' fees and $688.96 in costs. (tshlc1, COURT STAFF) (Filed on 3/19/2025) (Entered: 03/19/2025)
2025-03-1951ORDER by Judge Thomas S. Hixson finding as moot 47 Motion to Appear Remotely. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshlc1, COURT STAFF) (Filed on 3/19/2025) (Entered: 03/19/2025)
2025-03-1952ORDER by Magistrate Judge Thomas S. Hixson: The parties shall file a dismissal or joint status report by 4/17/2025. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshlc1, COURT STAFF) (Filed on 3/19/2025) (Entered: 03/19/2025)
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