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Case TitleVoice of San Diego et al v. U.S. International Boundary and Water Commission et al
DistrictSouthern District of California
CitySan Diego
Case Number3:2023cv02251
Date Filed2023-12-08
Date ClosedOpen
JudgeJudge Anthony J. Battaglia
PlaintiffVoice of San Diego
PlaintiffMackenzie Elmer
Case DescriptionVoice of San Diego submitted two FOIA requests to the International Boundary and Water Commission for records. The first request asked for records concerning the Tijuana River Border Barrier Project. The second request asked for records concerning the International Wastewater Treatment plant facilities assessment. VSD also requested expedited processing and a fee waiver for both requests. The agency acknowledged receipt of the requests. After hearing nothing further from the agency, VSD filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. International Boundary and Water Commission
DefendantU.S. Department of State
DefendantU.S. Department of State
TERMINATED: 02/05/2024
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-081COMPLAINT against U.S. Department of State, U.S. International Boundary and Water Commission ( Filing fee $ 405 receipt number ACASDC-18409733.), filed by Voice of San Diego, Mackenzie Elmer. (Attachments: # 1 Civil Cover Sheet) The new case number is 3:23-cv-2251-AJB-DEB. Judge Anthony J. Battaglia and Magistrate Judge Daniel E. Butcher are assigned to the case. (Thomas R. Burke)(rxc) (anh). (Entered: 12/08/2023)
2023-12-082NOTICE of Party With Financial Interest by Mackenzie Elmer, Voice of San Diego. No Parties With Financial Interest. (rxc) (anh). (Entered: 12/08/2023)
2023-12-083Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (rxc) (anh). (Entered: 12/08/2023)
2023-12-144SUMMONS Returned Executed by Voice of San Diego, Mackenzie Elmer. All Defendants served. (Burke, Thomas) (jms). (Entered: 12/14/2023)
2024-01-035Joint MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. International Boundary and Water Commission. (Keene, Juliet)Attorney Juliet Keene added to party U.S. International Boundary and Water Commission(pty:dft) (maq). (Entered: 01/03/2024)
2024-01-046ORDER Granting Joint Motion to Extend Time to Respond to Complaint. Signed by Judge Anthony J. Battaglia on 1/4/2024. (maq) (Entered: 01/04/2024)
2024-02-027Joint MOTION to Dismiss Defendant US Department of State without Prejudice, by U.S. International Boundary and Water Commission. (Keene, Juliet) (maq). (Entered: 02/02/2024)
2024-02-058ORDER GRANTING Joint Motion to Dismiss Defendant U.S. Department of State without Prejudice. Signed by Judge Anthony J. Battaglia on 2/5/2024. (maq) (Entered: 02/05/2024)
2024-02-129ANSWER to 1 Complaint and Affirmative Defenses by U.S. International Boundary and Water Commission. (Keene, Juliet) (maq). (Entered: 02/12/2024)
2024-02-1310NOTICE AND ORDER for Early Neutral Evaluation Conference Early Neutral Evaluation & Case Management Conference set for 4/3/2024 09:30 AM before Magistrate Judge Daniel E. Butcher. Joint Discovery Plan due 3/27/2024. Signed by Magistrate Judge Daniel E. Butcher on 2/13/2024. (maq) (Entered: 02/13/2024)
2024-03-0811Joint MOTION to Vacate Rule 26 Discovery Requirements and Deadline for Joint Discovery Plan by U.S. International Boundary and Water Commission. (Keene, Juliet) (maq). (Entered: 03/08/2024)
2024-03-1212ORDER . The Court GRANTS the parties' Joint Motion to Vacate Rule 26 Discovery Requirements and Deadline for Joint Discovery Plan (Dkt. No. 11 ). The parties must include a proposed briefing schedule for their motions for summary judgment in their ENE briefs. Signed by Magistrate Judge Daniel E. Butcher on 3/12/2024. (no document attached) (rxa) (Entered: 03/12/2024)
2024-03-1913ORDER . Due to a conflict in the Court's calendar, the Early Neutral Evaluation and Case Management Conference are rescheduled for 5/2/2024 at 9:30 AM before Magistrate Judge Daniel E. Butcher. The parties must submit their ENE briefs to efile_butcher@casd.uscourts.gov on or before 4/25/2024 . All other guidelines and requirements remain as previously set. See Dkt. Nos. 10, 12. Signed by Magistrate Judge Daniel E. Butcher on 3/19/2024. (no document attached) (rxa) (Entered: 03/19/2024)
2024-05-0214Minute Entry for proceedings held before Magistrate Judge Daniel E. Butcher and Order . The Court held an Early Neutral Evaluation Conference ("ENE") on 5/2/2024. The Court sets a follow-up ENE for 6/17/2024 at 2:00 PM before Magistrate Judge Daniel E. Butcher. The Court will circulate the Zoom invitation closer to the continued session. The parties must submit a Joint Status Report to efile_butcher@casd.uscourts.gov on or before COB on 6/12/2024 . (Plaintiffs' Attorney Alexandra Cadena, Zoe Nicole McKinney). (Defendant's Attorney Juliet Keene). (no document attached) (rxa) (Entered: 05/02/2024)
2024-06-1715Minute Entry for proceedings held before Magistrate Judge Daniel E. Butcher and Order . The Court held an Early Neutral Evaluation Conference ("ENE") on 6/17/2024. The Court sets a follow-up ENE for 8/14/2024 at 9:30 AM before Magistrate Judge Daniel E. Butcher. The Court will circulate the Zoom invitation closer to the continued session. The parties must submit a Joint Status Report to efile_butcher@casd.uscourts.gov on or before COB on 8/9/2024 . (Plaintiffs' Attorney Alexandra Cadena). (Defendant's Attorney Juliet Keene). (no document attached) (rxa) (Entered: 06/17/2024)
2024-08-1416Minute Entry for proceedings held before Magistrate Judge Daniel E. Butcher and Order . The Court held an Early Neutral Evaluation conference on 8/14/2024. The parties have reached a settlement in principle. If any issues emerge that the parties cannot resolve, the parties are directed to jointly contact the undersigned's Chambers to schedule a status conference. The Court sets a Settlement Disposition Conference ("SDC") for 10/21/2024 at 9:30 AM before Magistrate Judge Daniel E. Butcher. To join the SDC, counsel must call the Court's teleconference line at 1-888-398-2342, enter access code 83-89-272, and press * to bypass the security code prompt. The Court will vacate the SDC if the parties file a joint motion for dismissal with the Court and separately e-mail a proposed order for dismissal to the district judge's e-mail address. IT IS SO ORDERED. (Plaintiff Attorney Alexandra Cadena). (Defendant Attorney Juliet Keene). (no document attached) (rxa) (Entered: 08/14/2024)
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