Case Detail

FOIA Project Annotation: A federal magistrate judge in California has ruled that Gonzales and Gonzales Bonds and Insurance Agency may proceed with its challenge to the Department of Homeland Security's policy requiring FOIA requesters to provide a third-party authorization before a request involving personal information can be processed. The company requested 571 alien files from DHS. The company filed administrative appeals for the first 183 requests rejected on the basis of lack of third-party authorization, but received no response. For the rest of its requests, the company decided it would be futile to appeal based on its previous experience with the agency. The company then filed suit and the agency moved to dismiss the case based on failure to exhaust administrative remedies. The company amended its complaint to clarify that its legal challenge was against the agency's policy of denying requests without third-party authorization. The magistrate judge noted that "courts will not apply the administrative exhaustion doctrine to such circumstance, because the party's claim rests upon statutory interpretationâ€"an area of court, rather than agency, expertise." The agency also argued Gonzales and Gonzales had failed to state a claim under the Administrative Procedure Act because the statute of limitations for challenging the agency's publication of the policy in the Federal Register had expired in 2009. The magistrate judge agreed that "the statute of limitations for a facial regulatory challenge begins to run when the agency publishes the regulation in the Federal Register, which in this case was January 27, 2003. Plaintiff therefore had until January 27, 2009 to bring its facial challenge before the Court. Plaintiff first raised this claim when it filed is Amended Complaint on March 20, 2012." But, the court pointed out, the company's "as-applied challenge to the regulation, though, faces no such bar. . .DHS made its earliest final determination on Plaintiff's FOIA requests on October 30, 2009 and Plaintiff first raised its as-applied challenge to DHS's use of [the regulations] in making FOIA determinations in the Amended Complaint on March 20, 2012. Plaintiff's as-applied claim thus falls well within the six-year statute of limitations."
Issues: Litigation - Jurisdiction - Standing

FOIA Project Annotation: A federal magistrate judge in California has enjoined the Department of Homeland Security from requiring requesters to provide consent to disclose personal information before it will process a request. The ruling comes in a case brought by Gonzales and Gonzales Bond and Insurance Agency, which posts immigration bonds with DHS for the release of aliens from detention pending determination of the alien's immigration status. Gonzales and Gonzales had requested 571 "A-files" since June 2009. After the agency refused to provide identifying information for 183 requests, the company administratively appealed but the agency failed to respond. When the agency declined to process subsequent requests, the company filed suit, arguing that because of its earlier experience with the appeals process it had concluded further administrative appeals would be futile. The court had earlier dismissed the company's claims, finding that it failed to exhaust its administrative remedies by not complying with the agency's consent provision. Nevertheless, the court allowed Gonzales and Gonzales to continue its APA claim that the policy as applied was arbitrary and capricious. DHS argued that FOIA required agencies to promulgate rules and procedures for making a request and the consent provision was appropriate under that authority. The company countered by arguing the policy discriminated against classes of requesters because those requesters that could obtain consent could get the records while requesters unable to obtain consent could not. Using a deferential standard under the APA, Magistrate Judge Donna Ryu agreed with the company, noting that "DHS not only will withhold all records if a requester does not or cannot comply with the provision, but will not even determine what potential responsive materials exist. This procedure renders it impossible for a requesting party to ascertain whether DHS has properly withheld the records, and nullifies the agency's burden of demonstrating that it correctly invoked the exemptions." She pointed out that "if an individual does not comply with the provision, DHS terminates the FOIA process before it has begun, under the guise of applying a procedural regulation which implements FOIA's privacy exemptions. If the requester appeals that decision, DHS can do what it did in this case: file a motion to dismiss the case, alleging that the requester failed to exhaust its administrative remedies. In this manner, the agency obviates the requester's right to judicial review of the agency's application of the privacy exemptions, casting off its legal burden to demonstrate the propriety of its withholdings." Ryu also found the provision ran counter to FOIA's requirement to process records based on their disclosability and not based on the identity of the requester. "The Consent Provision, however," she observed, "interferes with this design. It provides that DHS will produce documents about an individual if the requester (1) is that individual or (2) has received consent from (or proven the death of) that individual. It will refuse to produce the same documents to a requester who has not obtained the required consent or proof. DHS cannot lawfully administer its FOIA obligations in this manner." Turning to the privacy exemptions, Ryu noted that ""DHS makes no attempt to search for responsive records pursuant to FOIA. It does not perform any analysis, let alone the balancing test, . . . to winnow those documents it should disclose from those it should not. This blanket refusal to disclose, or even examine, records is not consistent with the agency's disclosure obligations under Exemption 6 [invasion of privacy]. By halting the FOIA process prior to conducting a thorough search for responsive documents and invoking the administrative exhaustion doctrine in the name of enforcing the exemption, DHS makes no effort to meet its burden of showing that the exemption applies to its withholdings and also deprives requesters of the judicial review guaranteed to them in the statute." Even under the more lenient standards of Exemption 7(C) (invasion of privacy concerning law enforcement records), the consent provision still failed. Ryu explained that "if an individual submitting a FOIA request fails to comply with the Consent Provision, DHS does not search for responsive records, but simply refuses to produce any records pursuant to FOIA. It does not perform any FOIA analysis to separate those records that it should disclose from those that it should not. This absolute refusal to disclose, or even examine, records contravenes the agency's disclosure obligations under FOIA, as DHS does not even attempt to satisfy its burden of proving that the exemption applies to the withheld documents. Moreover, by halting the FOIA process prior to conducting a thorough search for responsive documents and invoking administrative exhaustion in the name of enforcing the exemption, DHS unlawfully deprives requesters of judicial review guaranteed to them in the statute." Ryu indicated that she would have reached the same conclusion analyzing the issues under FOIA's de novo standard. She pointed out that "the regulation allows DHS to improperly withhold records, as it enables DHS to avoid its statutory obligation to demonstrate that FOIA's exemptions apply to documents that it has withheld. . .The Consent Provision also violates FOIA by allowing DHS to render its determinations based on applicants' identities, rather than based on the nature of the documents requested, as the statute demands. In addition, the regulation causes DHS to impermissibly withhold records under the cover of enforcing the privacy exemptions set forth in Exemptions 6 and 7(C), and obstructs judicial review of these determinations. Because the Consent Provision does not 'carry into effect the will of Congress as expressed by the statute,' the court finds it unlawful." As a result, Ryu prohibited the agency from using the Consent Provision in the future. "The court therefore enjoins the Department of Homeland Security from using the Consent Provision in these proscribed manners and remands Plaintiff's FOIA requests to the agency for further consideration consistent with this opinion."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2011-05-09	1	COMPLAINT against United States Department of Homeland Security ( Filing fee $ 350, receipt number 34611059644.) filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc.. (vlk, COURT STAFF) (Filed on 5/9/2011) (Additional attachment(s) added on 5/31/2011: # 1 Civil Cover Sheet) (vlk, COURT STAFF). (Entered: 05/11/2011)
2011-05-09	2	Summons Issued as to United States Department of Homeland Security. (vlk, COURT STAFF) (Filed on 5/9/2011) (Entered: 05/11/2011)
2011-05-09		CASE DESIGNATED for Electronic Filing. (vlk, COURT STAFF) (Filed on 5/9/2011) (Entered: 05/11/2011)
2011-05-09	3	ADR SCHEDULING ORDER: Case Management Statement due by 8/10/2011. Case Management Conference set for 8/17/2011 01:30 PM. (Attachments: # 1 Standing Order)(vlk, COURT STAFF) (Filed on 5/9/2011) (Entered: 05/11/2011)
2011-05-09	4	Certificate of Interested Entities by Gonzales & Gonzales Bonds and Insurance Agency, Inc. (vlk, COURT STAFF) (Filed on 5/9/2011) (vlk, COURT STAFF). (Entered: 05/11/2011)
2011-05-09	5	NOTICE of Pendency of Other Action by Gonzales & Gonzales Bonds and Insurance Agency, Inc. (vlk, COURT STAFF) (Filed on 5/9/2011) (vlk, COURT STAFF). (Entered: 05/11/2011)
2011-06-17	6	STIPULATION RE EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT by United States Department of Homeland Security. (Reding, Ann) (Filed on 6/17/2011) (Entered: 06/17/2011)
2011-06-23	7	ORDER DENYING MOTION TO RELATE CASE. CASES ARE NOT RELATED. Signed by Judge Edward M. Chen on 6/23/11. (bpf, COURT STAFF) (Filed on 6/23/2011) (Entered: 06/23/2011)
2011-07-14	8	CERTIFICATE OF SERVICE by Gonzales & Gonzales Bonds and Insurance Agency, Inc. (Ginsburg, David) (Filed on 7/14/2011) (Entered: 07/14/2011)
2011-07-22	9	STIPULATION and Proposed Order Continuing Initial Case Management Conference by United States Department of Homeland Security. (Attachments: # 1 Declaration of Ann Marie Reding in Support of Stipulation and Proposed Order to Continue Initial CMC)(Reding, Ann) (Filed on 7/22/2011) (Entered: 07/22/2011)
2011-07-22	10	CONSENT to Proceed Before a US Magistrate Judge by United States Department of Homeland Security.. (Reding, Ann) (Filed on 7/22/2011) (Entered: 07/22/2011)
2011-07-25	11	CONSENT to Proceed Before a US Magistrate Judge by Gonzales & Gonzales Bonds and Insurance Agency, Inc... (Ginsburg, David) (Filed on 7/25/2011) (Entered: 07/25/2011)
2011-07-25	12	ORDER re 9 Stipulation. Case Management Statement due by 9/14/2011. Initial Case Management Conference set for 9/21/2011 01:30 PM. Signed by Magistrate Judge Donna M. Ryu on 7/25/2011. (dmrlc2, COURT STAFF) (Filed on 7/25/2011) Modified on 7/25/2011 (dmrlc2, COURT STAFF). (Entered: 07/25/2011)
2011-08-02	13	ANSWER to Complaint byUnited States Department of Homeland Security. (Reding, Ann) (Filed on 8/2/2011) (Entered: 08/02/2011)
2011-09-14	14	JOINT CASE MANAGEMENT STATEMENT filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc., and United States Department of Homeland Security . (Ginsburg, David) (Filed on 9/14/2011) Modified on 9/15/2011 (vlk, COURT STAFF). (Entered: 09/14/2011)
2011-09-21	15	Minute Entry: Initial Case Management Conference HELD on 9/21/2011 before Magistrate Judge Donna M. Ryu. Case Management Statement due by 11/9/2011. Further Case Management Conference set for 11/16/2011 01:30 PM. Hearing on Defendant's Motion to dismiss based on jurisdictional issues set for 11/16/2011 01:30 PM before Magistrate Judge Donna M. Ryu. Case is referred to Magistrate Judge Laurel Beeler for Settlement Conference which shall be held within 90 days, or as soon thereafter as is convenient to Magistrate Judge Beeler's calendar.(Recording #FTR 1:50-2:15.) (ig, COURT STAFF) (Date Filed: 9/21/2011). (Entered: 09/26/2011)
2011-09-27	16	NOTICE AND ORDER REGARDING SETTLEMENT CONFERENCE: Settlement Conference before Magistrate Judge Laurel Beeler. Settlement Conference set for 10/17/2011 at 10:00 A.M. in Courtroom 4, 3rd Floor, Oakland. Signed by Magistrate Judge Laurel Beeler on 9/27/2011. (ls, COURT STAFF) (Filed on 9/27/2011) (Entered: 09/28/2011)
2011-10-04	17	STIPULATION TO CONTINUE THE SETTLEMENT CONFERENCE AND PROPOSED ORDER by Gonzales & Gonzales Bonds and Insurance Agency, Inc.. (Ginsburg, David) (Filed on 10/4/2011) (Entered: 10/04/2011)
2011-10-05	18	STIPULATION AND ORDER TO CONTINUE THE SETTLEMENT CONFERENCE: Settlement Conference reset to 10/24/2011 at 10:00 A.M. in Courtroom 4, 3rd Floor, Oakland. Signed by Magistrate Judge Laurel Beeler on 10/5/2011. (ls, COURT STAFF) (Filed on 10/5/2011) (Entered: 10/05/2011)
2011-10-06	19	NOTICE of Appearance by Ila Casy Deiss (Deiss, Ila) (Filed on 10/6/2011) (Entered: 10/06/2011)
2011-10-12	20	MOTION to Dismiss Defendant's Notice of Motion and Motion to Dismiss for Lack of Subject Matter Jurisdiction filed by United States Department of Homeland Security. Motion Hearing set for 11/16/2011 01:30 PM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Donna M. Ryu. Responses due by 10/26/2011. Replies due by 11/2/2011. (Attachments: # 1 Declaration Declaration of Debra P. Laird in Support of Defendant's Motion to Dismiss, # 2 Proposed Order [Proposed] Order Granting Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction)(Reding, Ann) (Filed on 10/12/2011) (Entered: 10/12/2011)
2011-10-24	21	Minute Entry: Settlement Conference held. (Date Filed: 10/24/2011). Further Telephonic Settlement Conference set for 12/1/2011 at 12:00 P.M. (ls, COURT STAFF) (Date Filed: 10/24/2011) (Entered: 10/24/2011)
2011-10-25	22	STIPULATION re 20 MOTION to Dismiss Defendant's Notice of Motion and Motion to Dismiss for Lack of Subject Matter Jurisdiction by United States Department of Homeland Security. (Reding, Ann) (Filed on 10/25/2011) (Entered: 10/25/2011)
2011-10-26	23	ORDER re 22 Stipulation filed by United States Department of Homeland Security. Case Management Statement due by 1/19/2012. Replies due by 1/12/2012. Responses due by 1/5/2012. Initial Case Management Conference set for 1/26/2012 11:00 AM in Courtroom 4, 3rd Floor, Oakland. Signed by Magistrate Judge Donna M. Ryu on 10/26/2011. (dmrlc2, COURT STAFF) (Filed on 10/26/2011) (Entered: 10/26/2011)
2011-12-01	24	Minute Entry: Settlement Conference held. Case did not settle. (Date Filed: 12/2/2011) (ls, COURT STAFF) (Date Filed: 12/1/2011) Modified on 12/5/2011 (vlk, COURT STAFF). (Entered: 12/02/2011)
2011-12-15	25	STIPULATION JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING THE HEARING ON DEFENDANTS MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE by United States Department of Homeland Security. (Reding, Ann) (Filed on 12/15/2011) (Entered: 12/15/2011)
2011-12-15	26	ORDER re 25 Stipulation filed by United States Department of Homeland Security. Case Management Statement due by 2/2/2012. Motions due by 1/5/2012. Replies due by 1/26/2012. Responses due by 1/19/2012. Further Case Management Conference set for 2/9/2012 11:00 AM. Motion Hearing set for 2/9/2012 11:00 AM before Magistrate Judge Donna M. Ryu. Signed by Magistrate Judge Donna M. Ryu on 12/15/2011. (dmrlc2, COURT STAFF) (Filed on 12/15/2011) (Entered: 12/15/2011)
2012-01-05	27	Notice of Withdrawal of Motion to Dismiss (Original) (Reding, Ann) (Filed on 1/5/2012) (Entered: 01/05/2012)
2012-01-05	28	Amended MOTION to Dismiss for Lack of Jurisdiction filed by United States Department of Homeland Security. Motion Hearing set for 2/9/2012 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Donna M. Ryu. Responses due by 1/19/2012. Replies due by 1/26/2012. (Reding, Ann) (Filed on 1/5/2012) (Entered: 01/05/2012)
2012-01-05	29	Declaration of Debra P. Laird in Support of 28 Amended MOTION to Dismiss for Lack of Jurisdiction filed byUnited States Department of Homeland Security. (Related document(s) 28 ) (Reding, Ann) (Filed on 1/5/2012) (Entered: 01/05/2012)
2012-01-05	30	Proposed Order re 28 Amended MOTION to Dismiss for Lack of Jurisdiction by United States Department of Homeland Security. (Reding, Ann) (Filed on 1/5/2012) (Entered: 01/05/2012)
2012-01-19	31	RESPONSE (re 28 Amended MOTION to Dismiss for Lack of Jurisdiction ) Opposition to Amended Motion to Dismiss filed byGonzales & Gonzales Bonds and Insurance Agency, Inc.. (Attachments: # 1 Request for Judicial Notice, # 2 Declaration Declaration of Gary A. Nye in Support of Plaintiff's Opposition to Motion to Dismiss, # 3 Evidentiary Objections in Support of Plaintiffs Opposition to Motion to Dismiss)(Ginsburg, David) (Filed on 1/19/2012) (Entered: 01/19/2012)
2012-01-26	32	REPLY (re 28 Amended MOTION to Dismiss for Lack of Jurisdiction ) filed byUnited States Department of Homeland Security. (Reding, Ann) (Filed on 1/26/2012) (Entered: 01/26/2012)
2012-02-02	33	JOINT CASE MANAGEMENT STATEMENT UPDATED JOINT CASE MANAGEMENT CONFERENCE STATEMENT filed by United States Department of Homeland Security. (Reding, Ann) (Filed on 2/2/2012) (Entered: 02/02/2012)
2012-02-09	34	Minute Entry: Motion Hearing and Further Case Management Conference HELD on 2/9/2012 before Magistrate Judge Donna M. Ryu re 28 Amended MOTION to Dismiss for Lack of Jurisdiction filed by United States Department of Homeland Security. Defendant's Motion to Dismiss GRANTED. Last day for plaintiff to file Amended Complaint is 3/20/12. Order to be issued by the Court. Case continued to 10/11/2012 at 11:00 a.m. for Hearing on Cross Motions for Summary Judgment. (Date Filed: 2/9/2012). (Court Reporter Diane Skillman) (ig, COURT STAFF) (Date Filed: 2/9/2012) (Entered: 02/09/2012)
2012-02-09	35	Order by Magistrate Judge Donna M. Ryu granting 28 Motion to Dismiss for Lack of Jurisdiction. (dmrlc2, COURT STAFF) (Filed on 2/9/2012) (Entered: 02/09/2012)
2012-03-20	36	AMENDED COMPLAINT FIRST against All Defendants. Filed byGonzales & Gonzales Bonds and Insurance Agency, Inc.. (Ginsburg, David) (Filed on 3/20/2012) (Entered: 03/20/2012)
2012-03-29	37	STIPULATION ENLARGING TIME TO RESPOND TO PLAINTIFFS FIRST AMENDED COMPLAINT filed by United States Department of Homeland Security. (Reding, Ann) (Filed on 3/29/2012) (Entered: 03/29/2012)
2012-04-17	38	MOTION to Dismiss Plaintiff's First Amended Complaint filed by United States Department of Homeland Security. Motion Hearing set for 5/24/2012 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Donna M. Ryu. Responses due by 5/2/2012. Replies due by 5/9/2012. (Reding, Ann) (Filed on 4/17/2012) (Entered: 04/17/2012)
2012-04-17	39	Declaration of Debra Laird in Support of 38 MOTION to Dismiss Plaintiff's First Amended Complaint filed byUnited States Department of Homeland Security. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 38 ) (Reding, Ann) (Filed on 4/17/2012) (Entered: 04/17/2012)
2012-04-17	40	Proposed Order re 38 MOTION to Dismiss Plaintiff's First Amended Complaint by United States Department of Homeland Security. (Reding, Ann) (Filed on 4/17/2012) (Entered: 04/17/2012)
2012-04-18	41	Correction of Opposition/Response or Reply Deadlines pertaining to 38 MOTION to Dismiss Plaintiff's First Amended Complaint (Reason: Correcting an error) filed byUnited States Department of Homeland Security. Responses due by 5/1/2012. Replies due by 5/8/2012. (Reding, Ann) (Filed on 4/18/2012) (Entered: 04/18/2012)
2012-05-01	42	Opposition to 38 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc. (Attachments: # 1 Declaration of Gary A. Nye in Support of Opposition to Motion to Dismiss, # 2 Request for Judicial Notice)(Ginsburg, David) (Filed on 5/1/2012) Modified on 5/2/2012 (cjl, COURT STAFF). (Entered: 05/01/2012)
2012-05-08	43	REPLY (re 38 MOTION to Dismiss Plaintiff's First Amended Complaint ) filed byUnited States Department of Homeland Security. (Reding, Ann) (Filed on 5/8/2012) (Entered: 05/08/2012)
2012-05-17	44	Order by Magistrate Judge Donna M. Ryu granting in part and denying in part 38 Motion to Dismiss. (dmrlc2, COURT STAFF) (Filed on 5/17/2012) (Entered: 05/17/2012)
2012-05-31	45	Answer to 36 Amended Complaint by United States Department of Homeland Security. (Reding, Ann) (Filed on 5/31/2012) Modified on 6/1/2012 (vlk, COURT STAFF). (Entered: 05/31/2012)
2012-08-17	46	STIPULATION WITH PROPOSED ORDER Re Briefing Schedule for Cross-Motions for Summary Judgment filed by United States Department of Homeland Security. (Reding, Ann) (Filed on 8/17/2012) (Entered: 08/17/2012)
2012-08-17	47	Order by Magistrate Judge Donna M. Ryu granting 46 Stipulation. (dmrlc2, COURT STAFF) (Filed on 8/17/2012) (Entered: 08/17/2012)
2012-08-23	48	MOTION for Summary Judgment filed by United States Department of Homeland Security. Motion Hearing set for 10/11/2012 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Donna M. Ryu. Responses due by 9/6/2012. Replies due by 9/20/2012. (Attachments: # 1 Declaration of Ryan Law, # 2 Declaration of Debra P. Laird, # 3 Proposed Order)(Reding, Ann) (Filed on 8/23/2012) (Entered: 08/23/2012)
2012-09-06	49	Cross MOTION for Summary Judgment and/or Partial Summary Jugment filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc.. Motion Hearing set for 10/11/2012 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Donna M. Ryu. Responses due by 9/20/2012. Replies due by 9/27/2012. (Attachments: # 1 Declaration OF RAUL ATLER , # 2 Declaration OF GARY A. NYE, # 3 REQUEST FOR JUDICIAL NOTICE , # 4 Proposed Order)(Ginsburg, David) (Filed on 9/6/2012) Modified on 9/7/2012 (kc, COURT STAFF). (Entered: 09/06/2012)
2012-09-06	50	Proposed Order re 49 Cross MOTION for Summary Judgment and/or Partial Summary Judgment by Gonzales & Gonzales Bonds and Insurance Agency, Inc.. (Ginsburg, David) (Filed on 9/6/2012) Modified on 9/7/2012 (kc, COURT STAFF). (Entered: 09/06/2012)
2012-09-20	51	RESPONSE (re 48 MOTION for Summary Judgment , 49 Cross MOTION for Summary Judgment and/or Partial Summary Judgment ) filed byUnited States Department of Homeland Security. (Attachments: # 1 Declaration of Ann Marie Reding)(Reding, Ann) (Filed on 9/20/2012) (Entered: 09/20/2012)
2012-09-27	52	REPLY (re 49 Cross MOTION for Summary Judgment and/or Partial Summary Judgment ) filed byGonzales & Gonzales Bonds and Insurance Agency, Inc.. (Ginsburg, David) (Filed on 9/27/2012) (Entered: 09/27/2012)
2012-10-11	53	***FILED IN ERROR. PLEASE SEE DOCKET # 54 *** Minute Entry: Motion Hearing held on 10/11/2012 before Magistrate Judge Donna M. Ryu (Date Filed: 10/11/2012) re 48 MOTION for Summary Judgment filed by United States Department of Homeland Security, 49 Cross MOTION for Summary Judgment and/or Partial Summary Judgment filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc. (Court Reporter Diane Skillman.) (dmrlc2, COURT STAFF) (Date Filed: 10/11/2012) Modified on 10/12/2012 (dmrlc2, COURT STAFF). (Entered: 10/11/2012)
2012-10-12	54	CORRECTION OF DOCKET # 53 . Minute Entry: Motion Hearing held on 10/11/2012 before Magistrate Judge Donna M. Ryu (Date Filed: 10/12/2012) re 48 MOTION for Summary Judgment filed by United States Department of Homeland Security, 49 Cross MOTION for Summary Judgment and/or Partial Summary Judgment filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc. (Court Reporter Sara Goekler.) (dmrlc2, COURT STAFF) (Date Filed: 10/12/2012) (Entered: 10/12/2012)
2012-10-22	55	Transcript of Proceedings held on October 11, 2012, before Judge Ryu. Court Reporter/Transcriber Sarah Goekler, Telephone number (530)941-2621; sgoekler.csr@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 1/22/2013. (slg, COURT STAFF) (Filed on 10/22/2012) (Entered: 10/22/2012)
2012-10-22	56	STIPULATION WITH PROPOSED ORDER EXTENDING THE DEADLINE TO FILE SUPPLEMENTAL BRIEFS ADDRESSING THE STANDARD OF REVIEW filed by United States Department of Homeland Security. (Reding, Ann) (Filed on 10/22/2012) (Entered: 10/22/2012)
2012-10-22	57	Order by Magistrate Judge Donna M. Ryu granting 56 Stipulation.(dmrlc2, COURT STAFF) (Filed on 10/22/2012) (Entered: 10/22/2012)
2012-11-16	58	Supplemental Brief re 48 MOTION FOR SUMMARY JUDGMENT STANDARD OF REVIEW filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc.. (Related document(s) 54 ) (Ginsburg, David) (Filed on 11/16/2012) Modified on 11/19/2012 (vlkS, COURT STAFF). (Entered: 11/16/2012)
2012-11-16	59	Brief re 48 MOTION for Summary Judgment filed byUnited States Department of Homeland Security. (Related document(s) 48 ) (Reding, Ann) (Filed on 11/16/2012) (Entered: 11/16/2012)
2012-12-21	60	Order by Magistrate Judge Donna M. Ryu granting in part and denying in part 48 Motion for Summary Judgment and granting in part and denying in part 49 Cross-Motion for Summary Judgment.(dmrlc2, COURT STAFF) (Filed on 12/21/2012) Modified on 12/26/2012 (kcS, ). (Entered: 12/21/2012)
2012-12-31	61	STIPULATION WITH PROPOSED ORDER EXTENDING THE DEADLINES FOR PLAINTIFF TO FILE MOTION FOR ATTORNEY'S FEES AND BILL OF COSTS, AND FOR DEFENDANT'S FILING OF OPPOSITIONS THERETO filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc., United States Department of Homeland Security. (Ginsburg, David) (Filed on 12/31/2012) Modified on 1/2/2013 (kcS, ). (Entered: 12/31/2012)
2013-01-03	62	Order by Magistrate Judge Donna M. Ryu granting 61 Stipulation.(dmrlc2, COURT STAFF) (Filed on 1/3/2013) (Entered: 01/03/2013)
2013-01-03	63	JUDGMENT. Signed by Magistrate Judge Donna M. Ryu on 1/3/2013. (dmrlc2, COURT STAFF) (Filed on 1/3/2013) (Entered: 01/03/2013)
2013-01-03		***Civil Case Terminated. Signed by Magistrate Judge Donna M. Ryu on 1/3/2013. (dmrlc2, COURT STAFF) (Filed on 1/3/2013) (Entered: 01/03/2013)
2013-02-14	64	STIPULATION WITH PROPOSED ORDER EXTENDING THE DEADLINE FOR PLAINTIFF TO FILE MOTION FOR ATTORNEY'S FEES AND BILL OF COSTS filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc.. (Ginsburg, David) (Filed on 2/14/2013) (Entered: 02/14/2013)
2013-02-14	65	Order by Magistrate Judge Donna M. Ryu granting 64 Stipulation.(dmrlc2, COURT STAFF) (Filed on 2/14/2013) (Entered: 02/14/2013)
2013-03-01	66	NOTICE OF APPEAL to the 9th CCA United States Department of Homeland Security. (Appeal fee FEE WAIVED.) Defendant's Notice of Appeal (Reding, Ann) (Filed on 3/1/2013) (Entered: 03/01/2013)
2013-03-05	67	USCA Case Number 13-15415 for 66 Notice of Appeal filed by United States Department of Homeland Security. (cjl, COURT STAFF) (Filed on 3/5/2013) (Entered: 03/06/2013)
2013-03-09	68	STIPULATION WITH PROPOSED ORDER EXTENDING THE DEADLINE FOR PLAINTIFF TO FILE MOTION FOR ATTORNEYS FEES AND BILL OF COSTS filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc.. (Ginsburg, David) (Filed on 3/9/2013) (Entered: 03/09/2013)
2013-03-11	69	Order by Magistrate Judge Donna M. Ryu granting 68 Stipulation.(dmrlc2, COURT STAFF) (Filed on 3/11/2013) (Entered: 03/11/2013)
2013-03-13	70	STIPULATION WITH PROPOSED ORDER EXTENDING THE DEADLINE FOR PLAINTIFF TO FILE MOTION FOR ATTORNEYS FEES AND BILL OF COSTS filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc.. (Ginsburg, David) (Filed on 3/13/2013) (Entered: 03/13/2013)
2013-03-13	71	Order by Magistrate Judge Donna M. Ryu granting 70 Stipulation.(dmrlc2, COURT STAFF) (Filed on 3/13/2013) (Entered: 03/13/2013)
2013-03-22	72	STIPULATION WITH PROPOSED ORDER EXTENDING THE DEADLINE FOR PLAINTIFF TO FILE MOTION FOR ATTORNEYS FEES AND BILL OF COSTS filed by United States Department of Homeland Security. (Reding, Ann) (Filed on 3/22/2013) (Entered: 03/22/2013)
2013-03-25	73	Order by Magistrate Judge Donna M. Ryu granting 72 Stipulation.(dmrlc2S, COURT STAFF) (Filed on 3/25/2013) (Entered: 03/25/2013)
2013-05-06	74	STIPULATION WITH PROPOSED ORDER EXTENDING THE DEADLINE FOR PLAINTIFF TO FILE MOTION FOR ATTORNEY'S FEES AND BILL OF COSTS filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc.. (Ginsburg, David) (Filed on 5/6/2013) (Entered: 05/06/2013)
2013-05-07	75	Order by Magistrate Judge Donna M. Ryu granting 74 Stipulation.(dmrlc2, COURT STAFF) (Filed on 5/7/2013) (Entered: 05/07/2013)
2013-07-09	76	STIPULATION WITH PROPOSED ORDER EXTENDING THE DEADLINE FOR PLAINTIFF TO FILE MOTION FOR ATTORNEY'S FEES AND BILL OF COSTS filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc.. (Ginsburg, David) (Filed on 7/9/2013) (Entered: 07/09/2013)
2013-07-10	77	Order by Magistrate Judge Donna M. Ryu granting 76 Stipulation. (dmrlc2, COURT STAFF) (Filed on 7/10/2013) (Entered: 07/10/2013)
2013-07-26	78	STIPULATION WITH PROPOSED ORDER EXTENDING THE DEADLINE FOR PLAINTIFF TO FILE MOTION FOR ATTORNEYS FEES AND BILL OF COSTS filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc., United States Department of Homeland Security. (Ginsburg, David) (Filed on 7/26/2013) Modified on 7/29/2013 (vlk, COURT STAFF). (Entered: 07/26/2013)
2013-07-29	79	Order by Magistrate Judge Donna M. Ryu granting 78 Stipulation.(dmrlc2, COURT STAFF) (Filed on 7/29/2013) (Entered: 07/29/2013)
2013-07-30	80	STIPULATION WITH PROPOSED ORDER RE SETTLEMENT OF ATTORNEYS' FEES AND COSTS filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc., United States Department of Homeland Security. (Ginsburg, David) (Filed on 7/30/2013) (Entered: 07/30/2013)
2013-07-31	81	Order by Magistrate Judge Donna M. Ryu granting 80 Stipulation .(dmrlc2, COURT STAFF) (Filed on 7/31/2013) (Entered: 07/31/2013)
2013-08-09	82	MANDATE of USCA as to 66 Notice of Appeal filed by United States Department of Homeland Security (vlk, COURT STAFF) (Filed on 8/9/2013) (Entered: 08/15/2013)
2014-02-28	83	MOTION to Enforce Judgment AND THE COURT'S REMAND ORDER, AND TO HOLD DEFENDANT IN CIVIL CONTEMPT FOR FAILING TO COMPLY WITH THE COURTS REMAND ORDER ANDJUDGMENT; DECLARATION OF DAVID R. GINSBURG filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc.. Motion Hearing set for 4/10/2014 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Donna M. Ryu. Responses due by 3/14/2014. Replies due by 3/21/2014. (Attachments: # 1 Proposed Order)(Ginsburg, David) (Filed on 2/28/2014) (Entered: 02/28/2014)
2014-03-14	84	RESPONSE (re 83 MOTION to Enforce Judgment AND THE COURT'S REMAND ORDER, AND TO HOLD DEFENDANT IN CIVIL CONTEMPT FOR FAILING TO COMPLY WITH THE COURTS REMAND ORDER ANDJUDGMENT; DECLARATION OF DAVID R. GINSBURG ) filed byUnited States Department of Homeland Security. (Attachments: # 1 Declaration of James Holzer, # 2 Declaration of Ann Marie Reding)(Reding, Ann) (Filed on 3/14/2014) (Entered: 03/14/2014)
2014-03-21	85	REPLY (re 83 MOTION to Enforce Judgment AND THE COURT'S REMAND ORDER, AND TO HOLD DEFENDANT IN CIVIL CONTEMPT FOR FAILING TO COMPLY WITH THE COURTS REMAND ORDER ANDJUDGMENT; DECLARATION OF DAVID R. GINSBURG ) filed byGonzales & Gonzales Bonds and Insurance Agency, Inc.. (Ginsburg, David) (Filed on 3/21/2014) (Entered: 03/21/2014)
2014-04-02	86	CLERK'S NOTICE Continuing Motion Hearing: Notice is hereby given to all parties that the hearing on Plaintiff's motion to enforce the Court's Remand Order and Judgment and to hold Defendant in Civil Contempt for Failing to Comply with the Court's Remand Order and Judgment 83 previously set on 4/10/2014 11:00 AM has been continued to 4/24/2014 11:00 AM before Magistrate Judge Donna M. Ryu. (This is a text only docket entry, there is no document associated with this notice.) (ig, COURT STAFF) (Filed on 4/2/2014). (Entered: 04/02/2014)
2014-04-02		Set/Reset Hearing re 86 Clerks Notice Continuing Motion Hearing: Hearing on Plaintiff's Motion 83 continued to 4/24/2014 11:00 AM before Magistrate Judge Donna M. Ryu. (ig, COURT STAFF) (Filed on 4/2/2014) (Entered: 04/02/2014)
2014-04-04	87	STIPULATION WITH PROPOSED ORDER TO CONTINUE HEARING ON PLAINTIFFS MOTION TO ENFORCE filed by United States Department of Homeland Security. (Reding, Ann) (Filed on 4/4/2014) Modified on 4/7/2014 (vlkS, COURT STAFF). (Entered: 04/04/2014)
2014-04-08	88	Order by Magistrate Judge Donna M. Ryu granting 87 Stipulation.(dmrlc2, COURT STAFF) (Filed on 4/8/2014) (Entered: 04/08/2014)
2014-04-08		Set/Reset Hearing Motion Hearing set for 5/8/2014 11:00 AM before Magistrate Judge Donna M. Ryu. (dmrlc2, COURT STAFF) (Filed on 4/8/2014) (Entered: 04/08/2014)
2014-05-08	89	Minute Entry: Motion Hearing held on 5/8/2014 before Judge Donna M. Ryu (Date Filed: 5/8/2014) re 83 MOTION to Enforce Judgment. (Recording #12:20:13 - 12:39:30.) (jjoS, COURT STAFF) (Date Filed: 5/8/2014) (Entered: 05/08/2014)
2014-05-08	90	Order by Magistrate Judge Donna M. Ryu denying 83 Motion to Enforce Judgment.(dmrlc2, COURT STAFF) (Filed on 5/8/2014) (Entered: 05/08/2014)
2014-06-06	91	STIPULATION WITH PROPOSED ORDER TO REOPEN THE CASE AND SET A CASE MANAGEMENT CONFERENCE filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc.. (Ginsburg, David) (Filed on 6/6/2014) (Entered: 06/06/2014)
2014-06-09	92	ORDER REOPENING CASE Case Management Statement due by 8/20/2014. Case Management Conference set for 8/27/2014 01:30 PM.. Signed by Magistrate Judge Donna M. Ryu on 06/09/14. (dmrlc2, COURT STAFF) (Filed on 6/9/2014) (Entered: 06/09/2014)
2014-07-08	93	AMENDED COMPLAINT SECOND against United States Department of Homeland Security. Filed byGonzales & Gonzales Bonds and Insurance Agency, Inc.. (Attachments: # 1 Exhibit 1-2 to Second Amended Complaint, # 2 Exhibit 3-13 to Second Amended Complaint)(Ginsburg, David) (Filed on 7/8/2014) (Entered: 07/08/2014)
2014-08-07	94	ANSWER to Amended Complaint byUnited States Department of Homeland Security. (Reding, Ann) (Filed on 8/7/2014) (Entered: 08/07/2014)
2014-08-12	95	CLERK'S NOTICE: Notice is hereby given to all parties and counsel of record that Magistrate Judge Donna M. Ryu has amended her General Standing Order. Effective immediately, all parties shall follow Judge Ryu's revised General Standing Order which can be found on the Court's website at www.cand.uscourts.gov. (This is a text only docket entry, there is no document associated with this notice.) (ig, COURT STAFF) (Filed on 8/12/2014) (Entered: 08/12/2014)
2014-08-14	96	STIPULATION WITH PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc., United States Department of Homeland Security. (Ginsburg, David) (Filed on 8/14/2014) Modified on 8/15/2014 (kcS, COURT STAFF). (Entered: 08/14/2014)
2014-08-15	97	ORDER by Magistrate Judge Donna M. Ryu granting 96 Stipulation to continue the Case Management Conference. (ig, COURT STAFF) (Filed on 8/15/2014) (Entered: 08/15/2014)
2014-08-15		Set/Reset Deadlines and Hearing re 97 Order on Stipulation: Case Management Statement due by 9/17/2014. Case Management Conference continued to 9/24/2014 01:30 PM before Magistrate Judge Donna M. Ryu. (ig, COURT STAFF) (Filed on 8/15/2014) (Entered: 08/15/2014)
2014-09-16	98	NOTICE of Substitution of Counsel by Neill Tai Tseng (Tseng, Neill) (Filed on 9/16/2014) (Entered: 09/16/2014)
2014-09-16	99	STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by United States Department of Homeland Security. (Tseng, Neill) (Filed on 9/16/2014) (Entered: 09/16/2014)
2014-09-18	100	ORDER by Magistrate Judge Donna M. Ryu granting 99 Stipulation to Continue the Case Management Conference. (ig, COURT STAFF) (Filed on 9/18/2014) (Entered: 09/18/2014)
2014-09-18		Set/Reset Deadline and Hearing re 100 Order on Stipulation: Updated Joint Case Management Conference Statement due by 11/5/2014. Case Management Conference continued to 11/12/2014 01:30 PM. (ig, COURT STAFF) (Filed on 9/18/2014) (Entered: 09/18/2014)
2014-11-05	101	JOINT CASE MANAGEMENT STATEMENT filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc., United States Department of Homeland Security. (Ginsburg, David) (Filed on 11/5/2014) Modified on 11/6/2014 (vlkS, COURT STAFF). (Entered: 11/05/2014)
2014-11-06	102	Letter from Attorneys for Plaintiff re Req for Telephonic Appearance at CMC . (Nye, Gary) (Filed on 11/6/2014) (Entered: 11/06/2014)
2014-11-06	103	CLERK'S NOTICE: Having reviewed the parties' 11/5/14 joint updated case management statement, it does not appear that the 11/12/2014 Further Case Management Conference is necessary at this time. If any party believes that a conference would be beneficial, the party shall notify the court by calling Ivy Garcia at 510-637-3639 by no later than 5:00 pm on 11/10/2014. If no calls are received, the 11/12/2014 Case Management Conference will be vacated and continued to 4/15/2015 01:30 p.m. with Updated Joint Case Management Conference Statement due by 4/8/2015. (This is a text only docket entry, there is no document associated with this notice.) (ig, COURT STAFF) (Filed on 11/6/2014) (Entered: 11/06/2014)
2014-11-24	104	STIPULATION WITH PROPOSED ORDER filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc.. (Ginsburg, David) (Filed on 11/24/2014) (Entered: 11/24/2014)
2014-11-24	105	Order by Magistrate Judge Donna M. Ryu granting 104 Stipulation.(dmrlc2, COURT STAFF) (Filed on 11/24/2014) (Entered: 11/24/2014)
2015-02-06	106	STIPULATION WITH PROPOSED ORDER to enlarge deadline for defendant's production filed by United States Department of Homeland Security, Gonzales & Gonzales Bonds and Insurance Agency, Inc. (Tseng, Neill) (Filed on 2/6/2015) Modified on 2/9/2015 (kcS, COURT STAFF). (Entered: 02/06/2015)
2015-02-06	107	Order by Magistrate Judge Donna M. Ryu granting 106 Stipulation.(dmrlc2, COURT STAFF) (Filed on 2/6/2015) (Entered: 02/06/2015)
2015-03-19	108	NOTICE of Substitution of Counsel by Ann Marie Reding (Reding, Ann) (Filed on 3/19/2015) (Entered: 03/19/2015)
2015-04-08	109	JOINT CASE MANAGEMENT STATEMENT filed by United States Department of Homeland Security, Gonzalez & Gonzalez Bonds and Insurance Agency, Inc.. (Reding, Ann) (Filed on 4/8/2015) Modified on 4/9/2015 (vlkS, COURT STAFF). (Entered: 04/08/2015)
2015-04-15	110	Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further Case Management Conference held on 4/15/2015. By no later than 4/27/2015, parties shall file a Stipulation re: joint proposed briefing schedule as to Cross-motion for Summary Judgment consistent with the Court's direction. See minute Order for more particulars. FTR Time 1:36-1:57. Attachment Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 4/15/2015) (Entered: 04/16/2015)
2015-04-24	111	STIPULATION WITH PROPOSED ORDER Re Cross-Motions for Summary Judgment filed by United States Department of Homeland Security. (Reding, Ann) (Filed on 4/24/2015) (Entered: 04/24/2015)
2015-04-24	112	Order by Magistrate Judge Donna M. Ryu granting 111 Stipulation. A hearing on the motion is set for December 10, 2015 at 11:00 a.m. at the United States District Court, 1301 Clay Street in Oakland.(dmrlc2, COURT STAFF) (Filed on 4/24/2015) (Entered: 04/24/2015)
2015-04-24		Set/Reset Hearing Motion Hearing set for 12/10/2015 11:00 AM before Magistrate Judge Donna M. Ryu. (dmrlc2, COURT STAFF) (Filed on 4/24/2015) (Entered: 04/24/2015)
2015-07-22	113	STIPULATION WITH PROPOSED ORDER Modifying Briefing Schedule for Cross-Motions for Summary Judgment filed by United States Department of Homeland Security, Gonzales & Gonzales Bonds and Insurance Agency, Inc. (Attachments: # 1 Declaration of Ann Marie Reding)(Reding, Ann) (Filed on 7/22/2015) Modified on 7/23/2015 (kcS, COURT STAFF). (Entered: 07/22/2015)
2015-07-23	114	Order by Magistrate Judge Donna M. Ryu granting 113 Stipulation.(dmrlc2, COURT STAFF) (Filed on 7/23/2015) (Entered: 07/23/2015)
2015-08-03	115	MOTION for Summary Judgment filed by United States Department of Homeland Security. Motion Hearing set for 12/10/2015 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Donna M. Ryu. Responses due by 9/4/2015. Replies due by 10/16/2015. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of James Holzer, # 3 Exhibit 1 - Part 1, # 4 Exhibit 1 - Part 2, # 5 Exhibit 1 - Part 3, # 6 Proposed Order)(Reding, Ann) (Filed on 8/3/2015) (Entered: 08/03/2015)
2015-08-24	116	STIPULATION WITH PROPOSED ORDER MODIFYING BRIEFING SCHEDULE FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc.. (Ginsburg, David) (Filed on 8/24/2015) (Entered: 08/24/2015)
2015-08-24	117	Order by Magistrate Judge Donna M. Ryu granting 116 Stipulation. (dmrlc2, COURT STAFF) (Filed on 8/24/2015) (Entered: 08/24/2015)
2015-08-24		Set/Reset Deadlines as to 115 MOTION for Summary Judgment . Responses due by 9/28/2015. Replies due by 11/2/2015. (kcS, COURT STAFF) (Filed on 8/24/2015) (Entered: 08/25/2015)
2015-09-28	118	MOTION for Summary Judgment and Opposition to 115 Defendant's Motion for Summary Judgment filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc.. Motion Hearing set for 12/10/2015 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Donna M. Ryu. Responses due by 11/2/2015. Replies due by 11/16/2015. (Attachments: # 1 Declaration of Raul Atler and Exhibits 1-2, # 2 Exhibit 3-9, # 3 Proposed Order)(Ginsburg, David) (Filed on 9/28/2015) Modified on 9/29/2015 (vlkS, COURT STAFF). (Entered: 09/28/2015)
2015-11-02	119	RESPONSE (re 115 MOTION for Summary Judgment , 118 MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment ) filed byUnited States Department of Homeland Security. (Reding, Ann) (Filed on 11/2/2015) (Entered: 11/02/2015)
2015-11-16	120	REPLY (re 118 MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment ) filed byGonzales & Gonzales Bonds and Insurance Agency, Inc.. (Ginsburg, David) (Filed on 11/16/2015) (Entered: 11/16/2015)
2015-11-17	121	CLERK'S NOTICE Continuing Motion Hearing: Notice is hereby given to all parties that the hearing on Defendant's Motion for Summary Judgment 115 and Plaintiff's Cross-Motion for Summary Judgment 118 previously scheduled for 12/10/2015 11:00 AM has been rescheduled to 1/14/2016 11:00 AM before Magistrate Judge Donna M. Ryu. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 11/17/2015) . (Entered: 11/17/2015)
2015-11-17		Set/Reset Hearing re 115 Defendant's Motion for Summary Judgment, 118 Plaintiff's Cross-Motion for Summary Judgment rescheduled to 1/14/2016 11:00 AM before Magistrate Judge Donna M. Ryu. (ig, COURT STAFF) (Filed on 11/17/2015) (Entered: 11/17/2015)
2015-12-10	122	STIPULATION WITH PROPOSED ORDER TO CONTINUE THE HEARING ON THE PARTIES CROSS-MOTIONS FOR SUMMARY JUDGMENT filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc.. (Ginsburg, David) (Filed on 12/10/2015) Modified on 12/10/2015 (vlk, COURT STAFF). (Entered: 12/10/2015)
2015-12-11	123	ORDER granting 122 STIPULATION WITH PROPOSED ORDER TO CONTINUE THE HEARING ON THE PARTIES CROSS-MOTIONS FOR SUMMARY JUDGMENT filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc. Motion Hearing set for 1/28/2016 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Donna M. Ryu. Signed by Judge Donna M. Ryu on 12/11/2015. (dmrlc3, COURT STAFF) (Filed on 12/11/2015) (Entered: 12/11/2015)
2015-12-11		Set/Reset Hearing (dmrlc3, COURT STAFF) (Filed on 12/11/2015) (Entered: 12/11/2015)
2015-12-11		Set/Reset Deadlines as to 118 MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment , 115 MOTION for Summary Judgment . Motion Hearing set for 1/28/2016 11:00 AM before Magistrate Judge Donna M. Ryu. (dmrlc1, COURT STAFF) (Filed on 12/11/2015) (Entered: 12/11/2015)
2016-01-28	124	Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Motion Hearing held on 1/28/2016 re 115 Defendant's Motion for Summary Judgment, motion denied without prejudice; 118 Plaintiff's Motion for Summary Judgment, motion denied without prejudice. Joint Statement setting forth parties' proposals for summary judgment due by 3/7/2016. Case Management Conference set for 3/10/2016 11:00 AM. Court's written Order to follow. Court Reporter Name Diane Skillman. Attachment Civil Law and Motion Minute Order. (ig, COURT STAFF) (Date Filed: 1/28/2016) Modified on 1/29/2016 (ig, COURT STAFF). (Entered: 01/29/2016)
2016-02-09	125	TRANSCRIPT ORDER by Gonzales & Gonzales Bonds and Insurance Agency, Inc. for Court Reporter Diane Skillman. (Ginsburg, David) (Filed on 2/9/2016) (Entered: 02/09/2016)
2016-02-29	126	STIPULATION WITH PROPOSED ORDER Continuing Case Management Conference filed by United States Department of Homeland Security. (Reding, Ann) (Filed on 2/29/2016) Modified on 3/1/2016 (vlkS, COURT STAFF). (Entered: 02/29/2016)
2016-03-01	127	Transcript of Proceedings held on January 28, 2016, before Judge Donna M. Ryu. Court Reporter Diane E. Skillman, telephone number 510-451-2930, Diane_Skillman@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 125 Transcript Order ) Release of Transcript Restriction set for 5/31/2016. (Related documents(s) 125 ) (Skillman, Diane) (Filed on 3/1/2016) (Entered: 03/01/2016)
2016-03-01	128	ORDER (AS MODIFIED) by Magistrate Judge Donna M. Ryu granting 126 Stipulation to continue Further Case Management Conference. (ig, COURT STAFF) (Filed on 3/1/2016) (Entered: 03/01/2016)
2016-03-23	129	CLERK'S NOTICE At the January 28, 2016 hearing, the court denied Defendant's and Plaintiff's Motions for Summary Judgment without prejudice 115 , 118 . See Docket No. 124 . The court intends to issue a written order in order to provide some guidance for any renewed motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc3, COURT STAFF) (Filed on 3/23/2016) (Entered: 03/23/2016)
2016-04-19	130	STIPULATION WITH PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc., United States Department of Homeland Security. (Ginsburg, David) (Filed on 4/19/2016) Modified on 4/20/2016 (kcS, COURT STAFF). (Entered: 04/19/2016)
2016-04-21	131	Order by Magistrate Judge Donna M. Ryu denying 130 Stipulation.(dmrlc3, COURT STAFF) (Filed on 4/21/2016) (Entered: 04/21/2016)
2016-04-27	132	JOINT CASE MANAGEMENT STATEMENT OF PLAINTIFF AND DEFENDANT filed by Gonzales & Gonzales Bonds and Insurance Agency, Inc.. (Ginsburg, David) (Filed on 4/27/2016) (Entered: 04/27/2016)
2016-05-04	134	Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further Case Management Conference held on 5/4/2016. Case is referred to Magistrate Judge Laurel Beeler to conduct a further SettlementConference which shall be held within 60-90 days, or as soon thereafter as is convenient to Judge Beeler's calendar. Parties shall meet and confer re: about documents that the parties can stipulate are exempt from FOIA and about the Vaughn index. Each side shall select a sample size of 2 A-files. See minute Order for modified schedule adopted by the Court. FTR Time 1:32-1:52. Attachment Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 5/4/2016) (Entered: 05/06/2016)
2016-05-05	133	CLERK'S NOTICE: The court understands that the parties have asked for another settlement conference to take place within 60 to 90 days. The court asks the parties to confer on necessary attendees and update the court (jointly to the extent appropriate or separately to the extent that there are impediments to including decision makers) by email to the court's joint orders box within one week. Given that attendees likely will be required from DC, the court expects that the summer holidays may pose scheduling issues. The court currently has some half days in June and July (on Thursday afternoons, generally) and also has August 16 and 17. Any other date would require some work to move other cases around. The court is willing to hold a scheduling call either on May 12 or May 19 at the end of the CMC calendar to work out a date that might work for all counsel and clients. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 5/5/2016) (Entered: 05/05/2016)
2016-05-11	135	STIPULATION WITH PROPOSED ORDER Setting Mandatory Settlement Conference filed by United States Department of Homeland Security. (Reding, Ann) (Filed on 5/11/2016) Modified on 5/12/2016 (vlk, COURT STAFF). (Entered: 05/11/2016)
2016-05-12	136	STIPULATION AND ORDER SETTING MANDATORY SETTLEMENT CONFERENCE by Magistrate Judge Laurel Beeler: Granting 135 Stipulation. Settlement Conference set for August 16, 2016 at 10:00 a.m. Settlement Conference Statements due August 9, 2016. (lsS, COURT STAFF) (Filed on 5/12/2016) (Entered: 05/12/2016)
2016-05-12		Set/Reset Hearing re 136 Order on Stipulation: Settlement Conference set for 8/16/2016 at 10:00 AM in Courtroom C, 15th Floor, San Francisco. (lsS, COURT STAFF) (Filed on 5/12/2016) (Entered: 05/12/2016)
2016-07-07	137	CLERK'S NOTICE: Due to a scheduling conflict, the Settlement Conference is rescheduled to 8/19/2016 10:00 AM in Courtroom C, 15th Floor, San Francisco. Settlement Conference Statements due August 12, 2016. The Settlement Conference Order issued on September 27, 2011, ECF No. 16 remains in affect. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 7/7/2016) (Entered: 07/07/2016)
2016-08-15	138	CLERK'S NOTICE ADVANCING SETTLEMENT CONFERENCE TIME ONLY: Settlement Conference reset for 8/19/2016 at 9:30 AM in Courtroom C, 15th Floor, San Francisco. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 8/15/2016) (Entered: 08/15/2016)
2016-08-15	139	STIPULATION WITH PROPOSED ORDER Continuing Date to Produce Vaughn Indices filed by United States Department of Homeland Security, Gonzales & Gonzales Bonds and Insurance Agency, Inc. (Reding, Ann) (Filed on 8/15/2016) Modified on 8/16/2016 (kcS, COURT STAFF). (Entered: 08/15/2016)
2016-08-16	140	Order by Magistrate Judge Donna M. Ryu granting 139 Stipulation. (dmrlc3, COURT STAFF) (Filed on 8/16/2016) (Entered: 08/16/2016)
2016-08-16	141	ORDER REGARDING SETTLEMENT CONFERENCE. The court has the parties' helpful updated settlement statements. One issue is that the court is not exactly clear at this point what specific documents the plaintiff wants, especially given the bond-dispute resolution procedure in the case pending before Judge Chen and the possibility of producing documents there. The court asks for a specific proposal as early as possible and in any event by noon on Thursday. The point of this is to allow the government to evaluate the proposal before the settlement conference begins on Friday. The court also asks the plaintiff to make a fee demand. Both the proposal and the fee demand must be given to the government and emailed to the court at lbpo@cand.uscourts.gov. (This is a text entry generated by the court. There is no document associated with this entry.) (Beeler, Laurel) (Filed on 8/16/2016) Modified on 8/17/2016 (lsS, COURT STAFF). (Entered: 08/16/2016)
2016-08-18	142	CLERK'S NOTICE VACATING SETTLEMENT CONFERENCE ON AUGUST 19, 2016 before Magistrate Judge Laurel Beeler. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 8/18/2016) (Entered: 08/18/2016)
2016-08-22	143	CLERK'S NOTICE : After consulting with counsel the court sets the Settlement Conference for 9/22/2016 at 1:00 PM in Courtroom C, 15th Floor, San Francisco. Updated settlement statements due September 15, 2016. The Settlement Order issued on September 27, 2011, ECF No. 16 remains in effect. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 8/22/2016) (Entered: 08/22/2016)
2016-09-22	144	Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held on 9/22/2016. The government will report back to the plaintiff about the other requests discussed at the settlement conference. The court sets a further settlement call for 10/27/2016 at 1:00 p.m. (Not Reported) Plaintiff Attorney: Gary A. Nye. Defendant Attorney: Ann M. Reding. Clients: Raul Atler, Raul Atler II, Raul Atler III, Ryan C. Stubbs, Amber R. Duggan, Catrina Pavlik and Terry Sloan. This is a text only Minute Entry. (lsS, COURT STAFF) (Date Filed: 9/22/2016) (Entered: 09/22/2016)
2016-10-17	145	STIPULATION WITH [PROPOSED] ORDER Continuing Briefing Schedule filed by United States Department of Homeland Security, Gonzales & Gonzales Bonds and Insurance Agency, Inc. (Reding, Ann) (Filed on 10/17/2016) Modified on 10/18/2016 (cjlS, COURT STAFF). (Entered: 10/17/2016)
2016-10-18	146	CLERK'S NOTICE ADVANCING SETTLEMENT CONFERENCE: Telephonic Settlement Conference reset to 10/27/2016 at 11:00 A.M. Counsel to phone in directly to chambers with all counsel on one-line (415-522-4660). (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 10/18/2016) (Entered: 10/18/2016)
2016-10-18	147	ORDER by Magistrate Judge Donna M. Ryu granting 145 Stipulation Continuing Briefing Schedule. (ig, COURT STAFF) (Filed on 10/18/2016) (Entered: 10/18/2016)
2016-10-25	148	CLERK'S NOTICE VACTING TELEPHONIC SETTLEMENT CONFERENCE on October 27, 2016 before Magistrate Judge Laurel Beeler. Telephonic Settlement Conference set for 11/3/2016 at 12:00 P.M. Counsel to phone in directly to chambers (415-522-4660) with all parties on one line. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 10/25/2016) (Entered: 10/25/2016)
2016-11-03	149	Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: The court held a further call and ordered the following case-management plan. 1. By 11/9/2016, the plaintiff will provide the draft form discussed. 2. By 11/18/2018, the government will respond with any changes, and the parties will finalize it on 11/18/2016. 3. Within two weeks after the final form (so no later than 12/2/2016), the plaintiff will provide the signed form, which will identify the file. 4. Within two weeks after that form is submitted (so no later than 12/16/2016), the government must provide its reponse to the form. 5. Within two business days (so no later than 12/20/2016), the parties must update the court by a joint submitted email to lbpo@cand.uscourts.gov that provides their concrete next steps. (Not Reported) Plaintiff Attorney: Gary Nye. Defendant Attorney: Annie Reding. This is a text only Minute Entry. (lsS, COURT STAFF) (Date Filed: 11/3/2016) (Entered: 11/03/2016)
2016-12-21	150	STIPULATION WITH PROPOSED ORDER Continuing Briefing Schedule filed by United States Department of Homeland Security. (Reding, Ann) (Filed on 12/21/2016) (Entered: 12/21/2016)
2016-12-21	151	ORDER by Magistrate Judge Donna M. Ryu granting 150 Stipulation. (dmrlc2, COURT STAFF) (Filed on 12/21/2016) (Entered: 12/21/2016)
2017-03-01	152	STIPULATION WITH PROPOSED ORDER re 151 Order on Stipulation Vacating Briefing Schedule filed by United States Department of Homeland Security. (Reding, Ann) (Filed on 3/1/2017) Modified on 3/2/2017 (vlkS, COURT STAFF). (Entered: 03/01/2017)
2017-03-02	153	ORDER by Magistrate Judge Donna M. Ryu granting 152 Stipulation. (dmrlc2, COURT STAFF) (Filed on 3/2/2017) (Entered: 03/02/2017)
2017-05-16	154	JOINT STATUS REPORT by Gonzales & Gonzales Bonds and Insurance Agency, Inc.. (Ginsburg, David) (Filed on 5/16/2017) Modified on 5/17/2017 (vlkS, COURT STAFF). (Entered: 05/16/2017)
2017-05-19	155	JOINT STATUS REPORT by United States Department of Homeland Security. (Reding, Ann) (Filed on 5/19/2017) Modified on 5/22/2017 (vlkS, COURT STAFF). (Entered: 05/19/2017)
2017-06-06	156	STIPULATION WITH PROPOSED ORDER re Attorney's Fees and Dismissal filed by United States Department of Homeland Security. (Reding, Ann) (Filed on 6/6/2017) (Entered: 06/06/2017)
2017-06-07	157	ORDER by Magistrate Judge Donna M. Ryu granting 156 Stipulation. (dmrlc2, COURT STAFF) (Filed on 6/7/2017) (Entered: 06/07/2017)
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