Case Detail

FOIA Project Annotation: A federal court in California has ruled that the a third supplemental affidavit filed by the State Department adequately explained some issues but not others and has told the agency to continue to supplement the record until the court is satisfied with its answers. The court agreed with Maxine Russell that the third supplemental affidavit did not address the agency's search for records responsive to one of Russell's requests for information about the role State Department employee Charles Henning played in posting or writing inappropriate comments or other remarks about her son Darren, who was killed in a traffic accident in China. The government claimed that to confirm the existence of such records would violate Henning's privacy, but the court noted that "the adequacy of a FOIA search, however, is determined on the basis of affidavits submitted by the agency representatives involved in the search, not on arguments made by attorneys representing the agency after the fact. If the Court is to determine whether the Department of State's search, or non-search, of files related to Plaintiff's February 13, 2009 FOIA request was adequate, the Court needs to know the Department of State's reasons for conducting or failing to conduct the search."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2009-08-19	1	COMPLAINT against Defendants United States Department of State, United States Federal Bureau of Investigation. (Filing fee $ 350 PAID.), filed by Plaintiff Maxine Russell. (et) (amar). (Entered: 08/20/2009)
2009-08-19		30 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants United States Department of State, United States Federal Bureau of Investigation. (et) (Entered: 08/20/2009)
2009-08-19	2	CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Maxine Russell. (et) (amar). (Entered: 08/20/2009)
2009-08-19	3	NOTICE TO PARTIES OF ADR PILOT PROGRAM filed. (et) (Entered: 08/20/2009)
2009-08-20	4	STANDING ORDER regarding Newly Assigned Cases (See document for further details) by Judge Philip S. Gutierrez. (bm) (Entered: 08/20/2009)
2009-09-08	5	APPLICATION for attorney Daniel J. Stotter to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000005841038 paid.) filed by plaintiff Maxine Russell. (Attachments: # 1 Letter Oregon bar admission & certficate of good standing)(Venskus, Sabrina) (Entered: 09/08/2009)
2009-09-08	6	NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: APPLICATION to Appear Pro Hac Vice 5 . Proposed order was not submitted as a separate attachment to the Application. A proposed order can be submitted as a stand alone document by filing a Notice of Lodging with a separate attachment of the proposed order. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (bm) (Entered: 09/08/2009)
2009-09-08	7	NOTICE OF LODGING filed Proposed Order re APPLICATION for attorney Daniel J. Stotter to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000005841038 paid.) APPLICATION for attorney Daniel J. Stotter to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000005841038 paid.) 5 (Attachments: # 1 Proposed Order on Applicaiton of Non-Resident Attorney to Appear)(Venskus, Sabrina) (Entered: 09/08/2009)
2009-09-10	8	ORDER by Judge Philip S. Gutierrez granting 5 Application to Appear Pro Hac Vice by Attorney Daniel J. Stotter on behalf of Plaintiff Maxine B. Russell, designating Sabrina Venskus as local counsel. (bm) (Entered: 09/10/2009)
2009-09-25	9	FIRST STIPULATION Extending Time to Answer the complaint as to United States Department of State answer now due 10/28/2009; United States Federal Bureau of Investigation answer now due 10/28/2009, filed by Defendants United States Department of State; United States Federal Bureau of Investigation.(Axe, Jason) (Entered: 09/25/2009)
2009-10-28	10	STIPULATION for Extension of Time to File Answer to NOVEMBER 27, 2009 re Complaint - (Discovery) 1 filed by Defendants United States Department of State, United States Federal Bureau of Investigation. (Attachments: # 1 Proposed Order Extending Time for Defendants to Answer Complaint)(Axe, Jason) (Entered: 10/28/2009)
2009-10-29	11	ORDER by Judge Philip S. Gutierrez, re Stipulation to Extend Time to Answer (More than 30 days) 10 . Defendants United States Department of State and United States Federal Bureau of Investigation shall have an extension of time, up to and including 11/27/2009, within which to answer, plead or otherwise respond to the complaint (ir) (Entered: 10/30/2009)
2009-11-25	12	EX PARTE APPLICATION for Extend Time to File Answer to 12/31/2009 re Complaint - (Discovery) 1 filed by Defendants United States Department of State, United States Federal Bureau of Investigation. (Attachments: # 1 Ex Parte [Proposed] Order)(Axe, Jason) (Entered: 11/25/2009)
2009-12-02	13	ORDER by Judge Philip S. Gutierrez granting 12 Ex Parte Application for Extension of Time to Answer United States Department of State answer due 12/31/2009; United States Federal Bureau of Investigation answer due 12/31/2009. (bm) (Entered: 12/03/2009)
2009-12-31	14	ANSWER to Complaint - (Discovery) 1 filed by DEFENDANTS United States Department of State, United States Federal Bureau of Investigation.(Axe, Jason) (Entered: 12/31/2009)
2010-01-07	15	ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez: This matter is set for a scheduling conference on March 8, 2010 at 2:00 p.m. The Conference will be held pursuant to F.R.Civ. P. 16(b). Counsel are ordered to file a joint statement providing a brief factual summary of the case, including the claims being asserted. The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the scheduling conference, and to file a joint statement with the Court not later than 14 days after they confer, as required by F.R. Civ.P. 26 and the Local Rules of this Court. Failure to comply may lead to the imposition of sanctions. (ir) (Entered: 01/08/2010)
2010-03-02	16	JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 1-2 Days, filed by Defendants United States Department of State, United States Federal Bureau of Investigation.. (Axe, Jason) (Entered: 03/02/2010)
2010-03-03	17	MINUTES: (In Chambers) VACATING SCHEDULING CONFERENCE; PLEASE TAKE NOTICE that the Scheduling Conference set for hearing on March 8, 2010 at 2:00 p.m. is hereby vacated and taken off calendar. On the Courts own motion, the following dates are hereby set. Counsel are directed to review the Courts trial order for further details. Add Parties/Amend Pleadings Cut-Off: (Doe defendants are dismissed as of this cut-off date) 3/31/10; All Discovery Cut-Off: 6/30/10Motion Filing Cut-Off: 8/13/10; Final Pretrial Conference (2:30 p.m.): 11/29/10Court Trial (9:00 a.m.): 12/14/10; Estimated Trial Days: 2 Days. Counsel are reminded of their Local Rule 16-15.2 requirements, and their responsibility tofile the Settlement Procedure Selection Request and Proposed Order (ADR-01) within 14 days from the date of this Order. Counsel are also reminded that mandatory chambers copies of all electronically filed documents must be delivered directly to chambers the following business day before Noon. Further,copies must include the E-Filed Notice and/or E-Filed Header. Failure to comply, may result in monetary sanctions by Judge Philip S. Gutierrez. (ir) (Entered: 03/04/2010)
2010-03-03	18	AMENDED MINUTES 17 :(In Chambers): VACATING SCHEDULING CONFERENCE; PLEASE TAKE NOTICE that the Scheduling Conference set for hearing on March 8, 2010 at 2:00 p.m. is hereby vacated and taken off calendar. On the Courts own motion, thefollowing dates are hereby set. Counsel are directed to review the Courts trial order for further details: Add Parties/Amend Pleadings Cut-Off:(Doe defendants are dismissed as of this cut-off date) 3/31/10; All Discovery Cut-Off: 6/30/10; Motion Filing Cut-Off: 8/13/10; Final Pretrial Conference (2:30 p.m.): 11/29/10; Court Trial (9:00 a.m.): 12/14/10. Estimated Trial Days: 2 Days Counsel are reminded of their Local Rule 16-15.2 requirements. The Court APPROVES the settlement procedure where the parties can be heard before the magistrate judge assigned to this case, Magistrate Judge Suzanne Segal, for such settlement proceedings as the judge may conduct or direct. Pursuant to Local Rule 16-15.2, the Court orders parties to contact the magistrate judge assigned to the case to conduct a settlement conference. Counsel are also reminded that mandatory chambers copies of all electronically filed documents must be delivered directly to chambers the following business day before Noon. Further, copies must include the E-Filed Notice and/or E-Filed Header. Failure to comply, may result in monetary sanctions by Judge Philip S. Gutierrez. (ir) (Entered: 03/04/2010)
2010-03-04	19	ORDER FOR COURT TRIAL by Judge Philip S. Gutierrez, Pretrial Conference: 11/29/2010 at 2:30 p.m. and Trial Date: 12/14/2010 at 9:00 a.m. All motions to join other parties or to amend the pleadings shall be filed and served by the cut-off date specified in the Scheduling Order. (PLEASE SEE DOCUMENT FOR COMPLETE DETAILS) RE: Amended Minutes re: scheduling order 18 (lw) (Entered: 03/05/2010)
2010-05-03	20	NOTICE of Change of address by Sabrina D Venskus attorney for Plaintiff Maxine Russell. Changing attorneys address to 21 South California Street, Suite 204, Ventura, CA 93001 - (805)641-0247. Filed by Plaintiff Maxine Russell. (Venskus, Sabrina) ***DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 5/6/10, DOCUMENT 21 .*** Modified on 5/6/2010 (bm). (Entered: 05/03/2010)
2010-05-06	21	ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Notice of Change of Address 20 , for the following reasons: that document is blank. (bm) (Entered: 05/06/2010)
2010-05-10	22	NOTICE of Change of address by Sabrina D Venskus attorney for Plaintiff Maxine Russell. Changing attorneys address to 21 South California Street, Suite 204, Ventura, CA 93001 - (805)641-0247. Filed by Plaintiff Maxine Russell. (Venskus, Sabrina) ***DOCUMENT IS STRICKEN PURSUANT TO COURT ORDER DATED 5/12/10, DOCUMENT 23 .*** Modified on 5/13/2010 (bm). (Entered: 05/10/2010)
2010-05-12	23	ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Ntc of Change of Atty Info 22 , for the following reasons: that document is blank. (bm) (Entered: 05/13/2010)
2010-05-13	24	NOTICE of Change of address by Sabrina D Venskus attorney for Plaintiff Maxine Russell. Changing attorneys address to 21 S. California St., Suite 204, Ventura, CA 93001 - (805)641-0247. Filed by Plaintiff Maxine Russell. (Venskus, Sabrina) (Entered: 05/13/2010)
2010-07-21	25	Joint STIPULATION to Continue The current deadlines for discovery and for the filing of dispositive motions in this action from June 30, 2010 and August 13, 2010, respectively to August 30, 2010 and October 8, 2010, respectively filed by plaintiff Maxine Russell. (Attachments: # 1 Proposed Order Proposed Order)(Venskus, Sabrina) (Entered: 07/21/2010)
2010-07-22	26	ORDER by Judge Philip S. Gutierrez, upon consideration of the parties' Stipulation Request to modify the Scheduling Order 25 . Discovery cut-off deadline in this action is continued for sixty (60) days, from June 30, 2010, to and including August 30, 2010, for the parties to complete discovery; and,ORDERED the current dispositive motion cut-off deadline is continued forsixty (60) days, from August 13, 2010, to and including October 8, 2010. (ir) (Entered: 07/23/2010)
2010-07-28	27	NOTICE of Change of Attorney Information for attorney Daniel J Stotter counsel for Plaintiff Maxine Russell. Changing firm name to Stotter & Associates LLC. Filed by Plaintiff Maxine Russell (Stotter, Daniel) (Entered: 07/28/2010)
2010-08-11	28	Joint STIPULATION to Continue Current Deadline for Discovery Cut-off from August 30, 2010 to October 29, 2010 filed by Plaintiff Maxine Russell. (Attachments: # 1 Proposed Order)(Venskus, Sabrina) (Entered: 08/11/2010)
2010-08-13	29	ORDER by Judge Philip S. Gutierrez, upon consideration of the parties' Stipulated Request to modify the Scheduling Order 28 . Discovery cut-off deadline in this action is continued for sixty (60) days, from August 30, 2010, to and including October 29, 2010, for the parties to complete their discovery in this action. (ir) (Entered: 08/13/2010)
2010-09-27	30	Joint STIPULATION to Extend Discovery Cut-Off Date to 12/24/10 filed by Plaintiff Maxine Russell. (Attachments: # 1 Proposed Order Proposed Order Modifying Discovery Completion and Dispositive Motion Deadlines)(Stotter, Daniel) (Entered: 09/27/2010)
2010-09-30	31	ORDER MODIFYING SCHEDULING ORDER by Judge Philip S. Gutierrez, re Stipulation to Extend Discovery Cut-Off Date 30 : DENIED BY ORDER OF THE COURT. (bm) (Entered: 10/01/2010)
2010-10-04	32	Amended STIPULATION to Reschedule Dispositive Motion Deadline filed by Plainitff Maxine Russell. (Attachments: # 1 Proposed Order)(Stotter, Daniel) (Entered: 10/04/2010)
2010-10-06	33	ORDER MODIFYING DATES by Judge Philip S. Gutierrez, upon consideration of the parties' Amended Stipulated Request to Modify dates 32 . Operative dates shall be continued as follows: Motion filing cut-off 10/29/10; Opposition briefs due 11/22/10; Reply briefs due 12/6/10; Motion hearing date 12/20/10; Pretrial Conference 1/10/11; Trial 1/25/11. (ir) (Entered: 10/06/2010)
2010-10-21	34	STIPULATION to Extend Discovery Cut-Off Date to 12/06/09 filed by Plaintiff Maxine Russell. (Attachments: # 1 Proposed Order)(Stotter, Daniel) (Entered: 10/21/2010)
2010-10-26	35	ORDER MODIFYING DATES by Judge Philip S. Gutierrez, re Stipulation to Extend Discovery Cut-Off Date 34 , IT IS HEREBY ORDERED that the discovery cut-off deadline is continued, to and including, 12/6/2010, for the parties to complete their discovery in this action. (lw) (Entered: 10/26/2010)
2010-10-29	36	NOTICE OF MOTION AND MOTION for Summary Judgment BY FEDERAL BUREAU OF INVESTIGATION; MEMORANDUM OF POINTS AND AUTHORITIES filed by Defendant United States Federal Bureau of Investigation. Motion set for hearing on 12/20/2010 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Declaration OF DAVID HARDY, # 2 Exhibit A-J, # 3 STATEMENT OF UNCONTROVERED FACTS AND CONCLUSIONS OF LAW, # 4 PROPOSED JUDGMENT)(Axe, Jason) (Entered: 10/29/2010)
2010-11-01	37	NOTICE OF MOTION AND MOTION for Summary Judgment as to BY DEPARTMENT OF STATE; MEMORANDUM OF POINTS AND AUTHORITIES filed by Defendant United States Department of State. Motion set for hearing on 12/20/2010 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 SJ Statement (State), # 2 [Proposed] Judgment (State))(Axe, Jason) (Entered: 11/01/2010)
2010-11-01	38	DECLARATION of MARGARET P. GRAFELD IN SUPPORT OF MOTION for Summary Judgment as to BY DEPARTMENT OF STATE; MEMORANDUM OF POINTS AND AUTHORITIES 37 filed by Defendant United States Department of State. (Attachments: # 1 Grafeld Declaration, # 2 Grafeld Declaration Exhibits 1-25)(Axe, Jason) (Entered: 11/01/2010)
2010-11-01	39	VAUGHN INDEX IN SUPPORT OF MARGARET P. GRAFELD'S DECLARATION IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT re MOTION for Summary Judgment as to BY DEPARTMENT OF STATE; MEMORANDUM OF POINTS AND AUTHORITIES 37 filed by Defendant United States Department of State. (Attachments: # 1 Vaughn Index, # 2 Vaughn Index, Part II Group 1, # 3 Vaughn Index, Part II Group 2, # 4 Vaughn Index, Part II Group 3, # 5 Vaughn Index, Part II Group 4, # 6 Vaughn Index, Part II Group 5, # 7 Vaughn Index, Part II Group 6, # 8 Vaughn Index, Part II Group 7)(Axe, Jason) (Entered: 11/01/2010)
2010-11-01	40	DECLARATION of LAWRENCE LEYDEN re MOTION for Summary Judgment as to BY DEPARTMENT OF STATE; MEMORANDUM OF POINTS AND AUTHORITIES 37 filed by Defendant United States Department of State. (Attachments: # 1 Attachment)(Axe, Jason) (Entered: 11/01/2010)
2010-11-01	41	NOTICE OF MOTION AND MOTION for Summary Judgment filed by Plaintiff Maxine Russell. Motion set for hearing on 12/20/2010 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Memorandum, # 2 Statement of Uncontroverted Facts & Conclusions of Law, # 3 Declaration Declaration of Maxine Russell, # 4 Exhibit Ex. A, # 5 Exhibit Ex. B, # 6 Exhibit Ex. C, # 7 Exhibit Ex. D, # 8 Exhibit Ex. E, # 9 Exhibit Ex. F, # 10 Exhibit Ex. G, # 11 Exhibit Ex. H, # 12 Exhibit Ex. I, # 13 Exhibit Ex. J, # 14 Exhibit Ex. L, # 15 Exhibit Ex. M, # 16 Exhibit Ex. N, # 17 Exhibit Ex. O, # 18 Exhibit Ex. P, # 19 Exhibit Ex. Q, # 20 Exhibit Ex. R, # 21 Exhibit Ex. S, # 22 Exhibit Ex. T, # 23 Exhibit Ex. U (Part 1), # 24 Exhibit Ex. U (Part 2), # 25 Exhibit Ex. V, # 26 Exhibit Ex. W (Part 1), # 27 Exhibit Ex W (Part 2), # 28 Exhibit Ex. X, # 29 Exhibit Ex. Y, # 30 Exhibit Ex. Z, # 31 Exhibit Ex. AA, # 32 Exhibit Ex. BB, # 33 Exhibit Ex. CC, # 34 Exhibit Ex. DD, # 35 Exhibit Ex. EE, # 36 Exhibit Ex. FF, # 37 Exhibit Ex. GG, # 38 Exhibit Ex. HH, # 39 Exhibit Ex. II, # 40 Exhibit Ex. JJ, # 41 Declaration Declaration Daniel Stotter, # 42 Proposed Order Proposed Judgment)(Stotter, Daniel) (Entered: 11/01/2010)
2010-11-22	42	STATEMENT OF GENUINE DISPUTES OF MATERIAL FACT IN RESPONSE TO PLAINTIFF'S STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW filed by Defendants United States Department of State, United States Federal Bureau of Investigation re: MOTION for Summary Judgment 41 . (Axe, Jason) (Entered: 11/22/2010)
2010-11-22	43	DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT re: MOTION for Summary Judgment 41 filed by Defendants United States Department of State, United States Federal Bureau of Investigation. (Axe, Jason) (Entered: 11/22/2010)
2010-11-22	44	OPPOSITION to MOTION for Summary Judgment BY FEDERAL BUREAU OF INVESTIGATION; MEMORANDUM OF POINTS AND AUTHORITIES 36 filed by Plaintiff Maxine Russell. (Attachments: # 1 Statement of Genuine Issues of Material Fact)(Stotter, Daniel) (Entered: 11/22/2010)
2010-11-22	45	OPPOSITION to MOTION for Summary Judgment as to BY DEPARTMENT OF STATE; MEMORANDUM OF POINTS AND AUTHORITIES 37 filed by Plaintiff Maxine Russell. (Attachments: # 1 Declaration Supplemental Declaration of Maxine Russell, # 2 Plaintiff's Opposing Statement of Material Facts)(Stotter, Daniel) (Entered: 11/22/2010)
2010-11-23	46	NOTICE OF MOTION AND MOTION for Extension of Time to File Plaintiff's FRCP 56F Motions filed by Plaintiff Maxine Russell. (Attachments: # 1 Proposed Order)(Stotter, Daniel) (Entered: 11/23/2010)
2010-11-23	47	OPPOSITION to MOTION for Summary Judgment as to BY DEPARTMENT OF STATE; MEMORANDUM OF POINTS AND AUTHORITIES 37 Plaintiff's FRCP 56F Response filed by Plaintiff Maxine Russell. (Attachments: # 1 Declaration Declaration of Daniel Stotter, # 2 Proposed Order)(Stotter, Daniel) (Entered: 11/23/2010)
2010-11-23	48	OPPOSITION to MOTION for Summary Judgment BY FEDERAL BUREAU OF INVESTIGATION; MEMORANDUM OF POINTS AND AUTHORITIES 36 Plaintiff's FRCP 56 F Response filed by Plaintiff Maxine Russell. (Attachments: # 1 Declaration Declaration of Daniel Stotter, # 2 Proposed Order)(Stotter, Daniel) (Entered: 11/23/2010)
2010-12-02	49	ORDER by Judge Philip S. Gutierrez granting 46 Motion for Extension of Time: UPON CONSIDERATION of Plaintiff's Unopposed Motion For Extension of Time To File Plaintiff's FRCP 56F Motions, and upon demonstration of good cause shown for this request, it is hereby ordered that Plaintiff's Motion for Extension of Time is GRANTED, allowing Plaintiff leave to file Plaintiff's FRCP 56F Motions in response to Defendant Federal Bureau of Investigation and Defendant Department of States Motions for Summary Judgment on November 23, 2010, in this action. (bm) (Entered: 12/02/2010)
2010-12-06	50	EX PARTE APPLICATION to Continue DATES ;DECLARATION OF JASON K. AXE filed by Defendants United States Department of State, United States Federal Bureau of Investigation. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 12/06/2010)
2010-12-06	51	REPLY in support MOTION for Summary Judgment 41 filed by Plaintiff Maxine Russell. (Stotter, Daniel) (Entered: 12/06/2010)
2010-12-07	52	OPPOSITION to EX PARTE APPLICATION to Continue DATES ;DECLARATION OF JASON K. AXE 50 and Declaration of Daniel Stotter filed by Plaintiff Maxine Russell. (Stotter, Daniel) (Entered: 12/07/2010)
2010-12-09	53	ORDER EXTENDING TIME FOR DEFENDANTS TO ANSWER, PLEAD, OR OTHERW ISE RESPOND TO COMPLAINT by Judge Philip S. Gutierrez denying 50 Ex Parte Application: DENIED BY ORDER OF THE COURT. (bm) (Entered: 12/09/2010)
2010-12-13	54	OPPOSITION re: MOTION for Summary Judgment 41 filed by Defendant United States Department of State. (Axe, Jason) (Entered: 12/13/2010)
2010-12-13	55	OPPOSITION re: MOTION for Summary Judgment 41 filed by Defendant United States Federal Bureau of Investigation. (Axe, Jason) (Entered: 12/13/2010)
2010-12-14	56	MINUTE:(In Chambers) Order Granting Plaintiffs Rule 56(f) Motion andModifying the Scheduling Order: The Courts decision to grant Plaintiffs Rule 56(f) motion warrants reconsideration of Defendants ex parte application, which the Court also GRANTS in part. The parties are to meet and confer about the remaining documents in dispute prior to additional filings related to the summary judgment motions. The dates provided by the Government in the ex parte application are modified to reflect the date of this Order and the Courts grant of Plaintiffs Rule 56(f) motion. The new dates are set according to the following: Discovery Cut-Off: 2/14/2011; Simultaneous Opposition Briefs not to exceed 10 pages: 2/28/2011; Simultaneous Reply Briefs not to exceed 5 pages: 3/7/2011; Motions Hearing Date: 3/21/2011; Pre-Trial Conference: 5/2/2011; Trial: 5/17/2011. Based on the foregoing, the Court GRANTS Plaintiffs Rule 56(f) Motion and reconsiders and GRANTS in part Defendants December 6, 2010 ex parte application to continue dates. The Court modifies its scheduling order according to the above schedule IT IS SO ORDERED by Judge Philip S. Gutierrez. (ir) (Entered: 12/14/2010)
2011-01-11	57	DECLARATION of Kathryn McKay and Kathy L. Stearman in Support of MOTION for Summary Judgment BY FEDERAL BUREAU OF INVESTIGATION; MEMORANDUM OF POINTS AND AUTHORITIES 36 filed by Defendant United States Federal Bureau of Investigation. (Attachments: # 1 Declaration of Kathryn Turman, # 2 Declaration of Kathy L. Stearman)(Axe, Jason) (Entered: 01/11/2011)
2011-01-11	58	DECLARATION of Margaret P. Grafeld in Support of MOTION for Summary Judgment as to BY DEPARTMENT OF STATE; MEMORANDUM OF POINTS AND AUTHORITIES 37 filed by Defendant United States Department of State. (Attachments: # 1 Second Declaration of Margaret P. Grafeld)(Axe, Jason) (Entered: 01/11/2011)
2011-01-14	59	DECLARATION of MARGARET P. GRAFELD IN SUPPORT OF MOTION for Summary Judgment as to BY DEPARTMENT OF STATE; MEMORANDUM OF POINTS AND AUTHORITIES 37 filed by Defendant United States Department of State. (Attachments: # 1 Third Grafeld Declaration)(Axe, Jason) (Entered: 01/14/2011)
2011-01-14	60	NOTICE OF MOTION AND MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings,,,,,,,, 56 filed by Defendants United States Department of State, United States Federal Bureau of Investigation. Motion set for hearing on 2/14/2011 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Axe, Jason) **STRICKEN PURSUANT TO ORDER FILED 1/19/11** Modified on 1/20/2011 (ir). (Entered: 01/14/2011)
2011-01-19	61	ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS: The Court hereby ORDERS the Motion for Reconsideration 60 STRICKEN for failure to comply with the Local Rules, General Order 10-07 and/or the Court's Case Management order. Hearing information is missing, incorrect, or not timely. Hearing date is closed. Please see under Note by Judge Philip S. Gutierrez. (ir) (Entered: 01/20/2011)
2011-01-21	62	NOTICE OF MOTION AND MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings,,,,,,,, 56 filed by Defendants United States Department of State, United States Federal Bureau of Investigation. Motion set for hearing on 3/7/2011 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Axe, Jason) (Entered: 01/21/2011)
2011-02-14	63	OPPOSITION to MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings,,,,,,,, 56 MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings,,,,,,,, 56 62 and Declaration of Daniel J. Stotter filed by Plaintiff Maxine Russell. (Stotter, Daniel) (Entered: 02/14/2011)
2011-02-22	64	REPLY Support MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings,,,,,,,, 56 MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings,,,,,,,, 56 62 filed by Defendants United States Department of State, United States Federal Bureau of Investigation. (Axe, Jason) (Entered: 02/22/2011)
2011-02-28	65	OPPOSITION to MOTION for Summary Judgment BY FEDERAL BUREAU OF INVESTIGATION; MEMORANDUM OF POINTS AND AUTHORITIES 36 Plaintiff's Supplemental Opposition Brief filed by Plaintiff Maxine Russell. (Attachments: # 1 Declaration Supplemental Declaration of Daniel Stotter)(Stotter, Daniel) (Entered: 02/28/2011)
2011-02-28	66	OPPOSITION to MOTION for Summary Judgment as to BY DEPARTMENT OF STATE; MEMORANDUM OF POINTS AND AUTHORITIES 37 Plaintiff's Supplemental Opposition filed by Plaintiff Maxine Russell. (Attachments: # 1 Declaration Third Supplemental Declaration of Russell and Exhibits Parts I - V, # 2 Declaration Supplemental Declaration of Daniel Stotter)(Stotter, Daniel) (Entered: 02/28/2011)
2011-03-07	67	MINUTES: FEDERAL BUREAU OF INVESTIGATION AND DEPT OF STATE'SMOTION FOR RECONSIDERATION OF 12-14-10 ORDER GRANTING PLAINTIFF'S RULE 56(f) MOTIONFILED 01-21-11 62 : Matter called and counsel are present. The Court hears oral argument on the above-referenced motion, and takes the motion Under Submission. The Court will issue a ruling after full consideration of the submitted pleading by Judge Philip S. Gutierrez Court Reporter: Miriam Baird. (ir) (Entered: 03/07/2011)
2011-03-15	68	MINUTE ORDER (IN CHAMBERS) Order Continuing Defendant's Motion for Reconsideration by Judge Philip S. Gutierrez: (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) The Court CONTINUES the Government's Motion for Reconsideration according to the following schedule: Supplemental Declaration(s) Due By: 4/15/2011; Supplemental Opposition to the Motion for Reconsideration: 4/29/2011; Supplemental Reply to the Motion for Reconsideration: 5/6/2011; Motion for Reconsideration Hearing Date: 5/23/2011; All other dates are VACATED, to be reset at the hearing for Motion for Reconsideration on May 23, 2011. re: MOTION for Reconsideration 62 - Set hearing re Motion set for 5/23/2011 at 1:30 PM. (lw) (Entered: 03/16/2011)
2011-04-15	69	DECLARATION of MARGARET P. GRAFELD IN SUPPORT OF MOTION for Summary Judgment as to BY DEPARTMENT OF STATE; MEMORANDUM OF POINTS AND AUTHORITIES 37 filed by Defendant United States Department of State. (Attachments: # 1 Attachment to Fourth Grafeld Declaration)(Axe, Jason) (Entered: 04/15/2011)
2011-04-29	70	OPPOSITION to MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings,,,,,,,, 56 MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings,,,,,,,, 56 62 Supplemental Opposition filed by Plaintiff Maxine Russell. (Stotter, Daniel) (Entered: 04/29/2011)
2011-05-06	71	SUPPLEMENT to MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings,,,,,,,, 56 MOTION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines/Hearings,,,,,,,, 56 62 filed by Defendants United States Department of State, United States Federal Bureau of Investigation. (Axe, Jason) (Entered: 05/06/2011)
2011-05-20	72	MINUTES (IN CHAMBERS): ORDER by Judge Philip S. Gutierrez: Counsel are advised that the motion for reconsideration 62 set for hearing on May 23, 2011 is taken Under Submission and off calendar. Accordingly, no appearance by counsel is necessary. The Court will issue a ruling after full consideration of the submitted pleadings. (wm) (Entered: 05/20/2011)
2011-05-20	73	MINUTES: (In Chambers) Order Setting a Summary Judgment Briefing Schedule: Thus, the Governments Motion for Reconsideration 62 is rendered MOOT. In order to do so, Plaintiff shall identify to the Government which documents or information she believes the Government has wrongfully withheld under the Freedom of Information Act. The Government shall then submit a revised Vaughn index addressing the basis for withholding that information. Following that exchange of information, the parties shall submit simultaneous supplemental oppositions and replies addressing the recently filed declarations, and the Government shall produce the withheld information to the Court for in camera review prior to the summary judgment hearing. With this in mind, the Court sets the following schedule: 1.) Plaintiffs identification of documents/information to Government: May 27, 2011 2.) Governments revised Vaughn index: June 3, 20113.) Simultaneous supplemental oppositions: June 17, 2011 4.) Simultaneous supplemental replies: June 24, 2011 5.) Governments production of information for in camera review: June 24, 2011 6.) Summary judgment hearing: July 11, 2011The May 23, 2011 hearing date set for the Governments continued Motion forReconsideration is VACATED IT IS SO ORDERED by Judge Philip S. Gutierrez. (ir) (Entered: 05/23/2011)
2011-05-24	74	STIPULATION to Continue DATES SET BY COURT'S MAY 20, 2011 MINUTE ORDER Re: Order on Motion for Reconsideration,,,,, 73 filed by Defendants United States Department of State, United States Federal Bureau of Investigation. (Attachments: # 1 Extend Dates [Order])(Axe, Jason) (Entered: 05/24/2011)
2011-05-24	75	ORDER by Judge Philip S. Gutierrez on Stipulation to Continue 74 . Dates in this action shall be continued as follows: Plaintiff's identification of documents/information to Government 6/8/11; Government's Revised Vaughn index 7/15/11; Simultaneous supplemental oppositions 7/29/11; Simultaneous supplemental replies 8/12/11; Government's production of information for in camera review 8/12/11; Summary Judgment 36 , 37 , 41 8/29/11. (ir) (Entered: 05/26/2011)
2011-07-15	76	DECLARATION of Margaret P. Grafeld In Support Of MOTION for Summary Judgment as to BY DEPARTMENT OF STATE; MEMORANDUM OF POINTS AND AUTHORITIES 37 filed by Defendants United States Department of State, United States Federal Bureau of Investigation. (Attachments: # 1 Grafeld Declaration, # 2 Grafeld Exhibits 1-9, # 3 Second Vaughn Index)(Axe, Jason) (Entered: 07/15/2011)
2011-07-29	77	OPPOSITION Opposition re: MOTION for Summary Judgment 41 filed by Defendant United States Department of State. (Axe, Jason) (Entered: 07/29/2011)
2011-07-29	78	MEMORANDUM in Opposition to MOTION for Summary Judgment as to BY DEPARTMENT OF STATE; MEMORANDUM OF POINTS AND AUTHORITIES 37 filed by Plaintiff Maxine Russell. (Attachments: # 1 Declaration Fourth Declaration of Maxine Russell and Exhibits A-D)(Stotter, Daniel) (Entered: 07/29/2011)
2011-08-11	79	Amendment to MOTION for Summary Judgment as to BY DEPARTMENT OF STATE; MEMORANDUM OF POINTS AND AUTHORITIES 37 AMENDED VAUGHN INDEX filed by Defendant United States Department of State. (Attachments: # 1 Amended Vaughn Index)(Axe, Jason) (Entered: 08/11/2011)
2011-08-11	80	EX PARTE APPLICATION for Order for TO RELIEVE DEFENDANT STATE DEPARTMENT FROM IN CAMERA PRODUCTION OF DOCUMENTS ON AUGUST 12, 2011, OR IN THE ALTERATIVE, TO SEEK CLARIFICATION AND GUIDANCE RE: COURT'S MAY 20, 2011 ORDER; DECLARATION OF JASON K. AXE filed by Defendant United States Department of State. (Attachments: # 1 Ex Parte Order)(Axe, Jason) (Entered: 08/11/2011)
2011-08-12	81	REPLY IN SUPPORT OF MOTION for Summary Judgment as to BY DEPARTMENT OF STATE; MEMORANDUM OF POINTS AND AUTHORITIES 37 filed by Defendant United States Department of State. (Axe, Jason) (Entered: 08/12/2011)
2011-08-12	82	REPLY MOTION for Summary Judgment 41 Supplemental Reply filed by Plaintiff Maxine Russell. (Attachments: # 1 Declaration Fifth Suppllemental Declaration of Maxine Russell and Ex. A)(Stotter, Daniel) (Entered: 08/12/2011)
2011-08-15	83	Opposition Opposition re: EX PARTE APPLICATION for Order for TO RELIEVE DEFENDANT STATE DEPARTMENT FROM IN CAMERA PRODUCTION OF DOCUMENTS ON AUGUST 12, 2011, OR IN THE ALTERATIVE, TO SEEK CLARIFICATION AND GUIDANCE RE: COURT'S MAY 20, 2011 ORDER; DECLARATION OF JASON K. A 80 filed by Plaintiff Maxine Russell. (Attachments: # 1 Exhibit Exhibit A)(Stotter, Daniel) (Entered: 08/15/2011)
2011-08-15	84	ORDER RELIEVING DEFENDANT State Department From In Camera Production Of Documents On August 12, 2011 Until Further Order Of The Court by Judge Philip S. Gutierrez granting 80 Ex Parte Application: IT IS SO ORDERED that defendant United States Department of State is relieved from in camera production on August 12, 2011 of the withheld information in this action, until further order of the Court. (bm) (Entered: 08/16/2011)
2011-08-25	85	DECLARATION of Margaret P. Grafeld MOTION for Summary Judgment as to BY DEPARTMENT OF STATE; MEMORANDUM OF POINTS AND AUTHORITIES 37 Sixth Declaration of Margaret P. Grafeld In Support of Motion For Summary Judgment By Department of State filed by Defendant United States Department of State. (Attachments: # 1 Declaration Sixth Declaration of Margaret p. Grafeld)(Axe, Jason) (Entered: 08/25/2011)
2011-08-26	86	MINUTE ORDER IN CHAMBERS: DEFENDANT FBI'S MOTION FOR SUMMARY JUDGMENT FILED 10-29-11 (DOC. 36); DEFENDANT DEPT OF STATE'S MOTION FOR SUMMARY JUDGMENT FILED 11-01-10 (DOC. 37); PLAINTIFF'S MOTION OR SUMMARY JUDGEMENT FILED 11-01-10 (DOC. 41) by Judge Philip S. Gutierrez: PLEASE BE ADVISED that on the Court's own motion, the above referenced matters are continued from August 29, 2011 to Tuesday, August 30, 2011 at 1:30 pm. (lw) (Entered: 08/26/2011)
2011-08-30	87	MINUTES OF DEFENDANT FBI'S MOTION FOR SUMMARY JUDGMENT FILED 10-29-11 (DOC. 36); DEFENDANT DEPT OF STATE'S MOTION FOR SUMMARY JUDGMENT FILED 11-01-10 (DOC. 37); PLAINTIFF'S MOTION OR SUMMARY JUDGEMENT FILED 11-01-10 (DOC. 41) held before Judge Philip S. Gutierrez: Having considered all papers submitted in support of and in opposition to the Motion referenced above, and the oral argument presented today, the Court takes the motion Under Submission. A ruling will be issued after full consideration of the submitted pleadings. Court Reporter: Pamela Batalo. (bm) (Entered: 08/30/2011)
2011-09-02	88	MINUTE ORDER IN CHAMBERS RE: ORDER AUTHORIZING SUPPLEMENTAL RESPONSE by Judge Philip S. Gutierrez: On 8/30/2011, the Court held a hearing on the government's motion for summary judgment, during which the government asserted it had no objection to allowing Plaintiff Maxine Russell ("Plaintiff") to file a response to the sixth Grafeld declaration, 85 (8/25/2011). Accordingly, as discussed at the hearing, Plaintiff has leave to file a response to the sixth Grafeld declaration, not to exceed TEN pages, by FRIDAY, SEPTEMBER 23, 2011. (ys) (Entered: 09/07/2011)
2011-09-23	89	Opposition Supplemental Response To Sixth Declaration of Margaret Grafeld re: MOTION for Summary Judgment as to BY DEPARTMENT OF STATE; MEMORANDUM OF POINTS AND AUTHORITIES 37 filed by Plaintiff Maxine Russell. (Stotter, Daniel) (Entered: 09/23/2011)
2011-12-27	90	MINUTE ORDER IN CHAMBERS GRANTING in part and DENYING in part Plaintiff's motion, and GRANTING in part and DENYING in part the State Department's motion. by Judge Philip S. Gutierrez re MOTION for Summary Judgment as to BY DEPARTMENT OF STATE 37 , MOTION for Summary Judgment filed by Plaintiff Maxine Russell 41 : For the reasons explained above, the Court GRANTS the government's motion with respect to the adequacy of search issues for Plaintiff's first two FOIA requests. However, it orders the government to allow Plaintiff to conduct limited discovery as to the scope and methodology of the government's search for records pertaining to Miracle Gan. As stated above, the parties are instructed to submit proposed discovery plans by January 31, 2012. Further, the Court DENIES the government's motion for summary judgment with respect to the (b)(5) exemption and (1) ORDERS the government to release the documents withheld in full, along with an accompanying affidavit, to the Court in camera by January 31, 2012; and (2) ORDERS the government to release the documents withheld in part to Plaintiff by January 31, 2012. The Court also GRANTS the government's motion for summary judgment with respect to the documents withheld under the (b)(6) and (b)(7)(c) exemptions, with the exception of document O-46, which it ORDERS the government to release it to the Court in camera by January 31, 2012. Finally, the Court DENIES the government's motion for summary judgment with respect to Plaintiff's third FOIA request and ORDERS the government to (1) provide evidence showing that it conducted a search reasonably calculated to uncover all responsive records; and (2) demonstrate that any information withheld from Plaintiff was properly exempt under any of the exemptions enumerated in FOIA by January 31, 2012. The Court schedules a status conference for February 21, 2012 at 2:30 p.m. Upon request, the parties may appear telephonically. (see document for further details) (bm) (Entered: 12/27/2011)
2012-01-25	91	EX PARTE APPLICATION to Continue DEADLINE TO RESPOND TO THIRD FOIA REQUEST from JANUARY 31, 2012 to FEBRUARY 17, 2012 Re: Minutes of In Chambers Order/Directive - no proceeding held,,,,,,,, 90 , EX PARTE APPLICATION for Reconsideration re Minutes of In Chambers Order/Directive - no proceeding held,,,,,,,, 90 filed by DEFENDANT United States Department of State. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 01/25/2012)
2012-01-30	92	ORDER by Judge Philip S. Gutierrez denying 91 Ex Parte Application to Continue DEADLINE TO RESPOND TO THIRD FOIA REQUEST from JANUARY 31, 2012 to FEBRUARY 17, 2012: DENIED BY ORDER OF THE COURT. (bm) (Entered: 01/30/2012)
2012-01-31	93	EX PARTE APPLICATION for Order for STAYING DISCLOSURE OF DOCUMENTS O-49, O-175, A-351, A-315, A-223, AND A-225 UNTIL FEBRUARY 27, 2012 TO PERMIT DEPARTMENT OF JUSTICE PROPER AMOUNT OF TIME PROVIDED BY STATUTE TO CONSIDER APPEAL OF THE COURT'S ORDER ;DECLARATION OF JASON K. AXE filed by Defendant United States Department of State. (Attachments: # 1 Order Re ExParte Stay Pending Review)(Axe, Jason) (Entered: 01/31/2012)
2012-01-31	94	JOINT DISCOVERY PLAN PURSUANT TO DECEMBER 27, 2011 ORDER filed by Defendant United States Department of State re: Minutes of In Chambers Order/Directive - no proceeding held,,,,,,,, 90 (Axe, Jason) (Entered: 01/31/2012)
2012-01-31	95	NOTICE OF SUBMISSION OF DOCUMENTS IN CAMERA filed by Defendant United States Department of State. (Axe, Jason) (Entered: 01/31/2012)
2012-01-31	96	NOTICE OF FILING VAUGHN INDEX RE: PLAINTIFF'S THIRD FOIA REQUEST filed by Defendant United States Department of State. (Attachments: # 1 Vaughn Index (pages 3 - 46))(Axe, Jason) (Entered: 01/31/2012)
2012-01-31	97	MINUTE ORDER IN CHAMBERS RESETTING Status Conference by Judge Philip S. Gutierrez: The Status Conference set for February 21, 2012 is vacated. A Status Conference is set for April 9, 2012 at 2:30 p.m. (bm) (Entered: 02/01/2012)
2012-02-01	98	ORDER by Judge Philip S. Gutierrez: IT IS SO ORDERED that the Court shall stay its order requiring disclosure of documents O-49, O-175, A-351, A-315, A-223, and A-225 until February 27,2012 to permit the Department of Justice the time authorized by the Federal Rules of Appellate Procedure to properly consider appeal of that portion of the Court's order...... granting 93 Defendant's Ex Parte Application for Order (lw) (Entered: 02/01/2012)
2012-02-24	99	NOTICE OF APPEAL to the 9th CCA filed by Defendant United States Department of State. Appeal of Minutes of In Chambers Order/Directive - no proceeding held,,,,,,,, 90 (Appeal fee FEE WAIVED.) (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Axe, Jason) (Entered: 02/24/2012)
2012-02-24	100	REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals, 99 . (Axe, Jason) (Entered: 02/24/2012)
2012-02-24	101	EX PARTE APPLICATION for Order for CONTINUING THE STAY OF DISCLOSURE OF DOCUMENTS O-49, O-175, A-351, A-315, A-223, AND A-225 PENDING APPEAL; DECLARATION OF JASON K. AXE filed by Defendant United States Department of State. (Attachments: # 1 Order re ExParte Stay Pending Appeal)(Axe, Jason) (Entered: 02/24/2012)
2012-02-27	102	NOTIFICATION by Circuit Court of Appellate Docket Number 12-55382, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, 99 as to Defendant United States Department of State. (car) (Entered: 02/27/2012)
2012-02-28	103	ORDER by Judge Philip S. Gutierrez: Ex Parte Application for Order 101 . The Court shall stay its order requiring disclosure of documents O-49, O-175, A-351, A-315, A-223 to Plaintiff pending the appeal of this action to the United States Court of Appeal for the Ninth Circuit. (ir) (Entered: 02/28/2012)
2012-03-12	104	STIPULATION to Reset filed by Plaintiff Maxine Russell. (Attachments: # 1 Proposed Order)(Stotter, Daniel) (Entered: 03/12/2012)
2012-03-26	105	TRANSCRIPT ORDER re: Court of Appeal case number 12-55382, re: Order on Motion for Summary Judgment,,, Motion Hearing,,,,,,,, 87 , as to Defendant United States Department of State DCN number: L 8 0285. Court Reporter Pamela Seijas Batalo. Civil Appeal, Transcript portion requested: Other: Motion for Summary Judgment held on August 30, 2011. Civil case appeal. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Axe, Jason) (Entered: 03/26/2012)
2012-03-26	106	TRANSCRIPT for proceedings held on 08/30/11; 1:36 p.m.. Court Reporter/Electronic Court Recorder: Pamela A. Batalo, phone number www.pamelabatalo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/16/2012. Redacted Transcript Deadline set for 4/26/2012. Release of Transcript Restriction set for 6/24/2012. (Seijas, Pamela) (Entered: 03/26/2012)
2012-03-26	107	NOTICE OF FILING TRANSCRIPT filed for proceedings 8/30/11; 1:36 p.m. (Seijas, Pamela) (Entered: 03/26/2012)
2012-04-02	108	ORDER by Judge Philip S. Gutierrez, re Stipulated Request 104 . Status Conference hearing reset to 5/21/2012 03:30 PM. (ir) (Entered: 04/02/2012)
2012-05-21	109	NOTICE OF FILING (1) SECOND DECLARATION OF SHERYL L. WALTER; (2) U.S. DEPARTMENT OF STATE FOURTH VAUGHN INDEX filed by DEFENDANT United States Department of State. (Attachments: # 1 Second Walter Declaration, # 2 Fourth Vaughn Index)(Axe, Jason) (Entered: 05/21/2012)
2012-05-21	110	MINUTES OF Status Conference held before Judge Philip S. Gutierrez: The Court hears from counsel regarding the Joint Discovery Plan filed on January 31, 2012. The Court holds that Plaintiff may take four depositions. The depositions shall be of Eric Aldrich, Kirn Braich, and two other witnesses designated by Defendant with knowledge of the document searches described in the Joint Discovery Plan. Each deposition shall not exceed two and a half hours. The depositions shall be completed within 60 days. The Court shall issue a separate order regarding the documents submitted for in camera review. Lastly, the Court orders counsel to meet and confer as to Defendant's response to the third FOIA request. If Plaintiff plans to bring a motion for summary judgment regarding the third FOIA request, the parties shall submit a joint briefing schedule. In the event an agreement cannot be reach regarding a joint briefing schedule, the parties shall submit together their competing proposals for a joint briefing schedule. Court Reporter: Miriam Baird. (lw) (Entered: 05/22/2012)
2012-05-22	111	MINUTE ORDER (IN CHAMBERS) Order DIRECTING Disclosure of documents to Plaintiff by Judge Philip S. Gutierrez: re: Notice) 95 , Minutes of In Chambers Order/Directive 90 .On December 27, 2012, the Court entered an order regarding the parties cross-motions for summary judgment (the "December 27 Order"). Dkt. # 90. In the December 27 Order, the Court ordered Defendant United States Department of State ("Defendant" or the "government") to submit certain documents for in camera review. On January 31, 2012, Defendant submitted the documents to the Court. Dkt. # 95. After reviewing the documents, the Court finds the documents must be released in full to Plaintiff......the Court ORDERS the government to disclose to Plaintiff the twenty-one documents submitted for in camera review. At a status conference held on May 21, 2012, Defendant requested a stay of the disclosure of the in camera documents pending Defendant's appeal. The request for a stay is GRANTED. Disclosure of the documents to Plaintiff shall be stayed pending the government's appeal of this order and the December 27 Order. (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw) (Entered: 05/22/2012)
2012-06-13	112	EX PARTE APPLICATION for Order for RELIEVING THE STATE DEPARTMENT FROM PRODUCING ERIC ALDRICH AND KIRNINDER BRAICH FOR DEPOSITIONS filed by Defendant United States Department of State. (Attachments: # 1 Order re Ex Parte Depositions)(Axe, Jason) (Entered: 06/13/2012)
2012-06-14	113	TRANSCRIPT ORDER for date of proceedings May 21, 2012 to May 21, 2012 re: Court of Appeal case number 12-55382, re: Status Conference,,,, 110 , as to Defendant United States Department of State DCN number: L80424. Court Reporter Miriam Baird. Civil Appeal, Transcript portion requested: Other: Status Conference held on May 21, 2012. Civil case appeal. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Axe, Jason) (Entered: 06/14/2012)
2012-06-15	114	ORDER DENIED by Judge Philip S. Gutierrez: DENYING 112 Defendant State Department's Ex Parte Application for Relieving Them from Producing Eric Aldrich and Kirninder Braich for Depositions. (lw) (Entered: 06/15/2012)
2012-07-06	115	NOTICE OF APPEAL to the 9th CCA filed by Defendant United States Department of State. Appeal of Minutes of In Chambers Order/Directive - no proceeding held,,,, 111 (Appeal fee FEE WAIVED.) (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Axe, Jason) (Entered: 07/06/2012)
2012-07-06	116	REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals 115 . (Axe, Jason) (Entered: 07/06/2012)
2012-07-09	117	NOTIFICATION by Circuit Court of Appellate Docket Number 12-56249, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals 115 as to Defendant United States Department of State. (car) (Entered: 07/09/2012)
2012-07-23	118	TRANSCRIPT for proceedings held on MONDAY, MAY 21, 2012; 3:30 P.M.. Court Reporter/Electronic Court Recorder: MIRIAM V. BAIRD,, phone number MVB11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/13/2012. Redacted Transcript Deadline set for 8/23/2012. Release of Transcript Restriction set for 10/21/2012. (dc) (Entered: 07/23/2012)
2012-07-23	119	NOTICE OF FILING TRANSCRIPT filed for proceedings MONDAY, MAY 21, 2012; 3:30 P.M. re Transcript 118 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dc) TEXT ONLY ENTRY (Entered: 07/23/2012)
2012-10-02	120	NOTICE OF MOTION AND Joint MOTION for Hearing Discovery Dispute Hearing Joint Stipulation For Discovery Dispute filed by Plaintiff Maxine Russell. Motion set for hearing on 11/20/2012 at 10:00 AM before Magistrate Judge Suzanne H. Segal. (Attachments: # 1 Declaration Declaration of Daniel J. Stotter and Exhibits A-C)(Stotter, Daniel) (Entered: 10/02/2012)
2012-10-03	121	EXPARTE APPLICATION to Transfer Case, EX PARTE APPLICATION for Order for Transfer of Discovery Dispute [ECF #120] filed by Plaintiff Maxine Russell. (Attachments: # 1 Declaration Declaration Daniel J. Stotter, # 2 Proposed Order)(Stotter, Daniel) (Entered: 10/03/2012)
2012-10-04	122	DEFENDANT STATE DEPARTMENT'S OPPOSITION TO PLAINTIFF'S re: EXPARTE APPLICATION to Transfer Case EX PARTE APPLICATION for Order for Transfer of Discovery Dispute [ECF #120] EX PARTE APPLICATION for Order for Transfer of Discovery Dispute [ECF #120] 121 filed by Defendant United States Department of State. (Axe, Jason) (Entered: 10/04/2012)
2012-10-05	123	MINUTES (IN CHAMBERS) ORDER by Judge Philip S. Gutierrez denying 120 Ex Parte Application: On October 2, 2012, Maxine Russell ("Plaintiff") and the United States Department of State and United States Federal Bureau of Investigation ("Defendants") filed a joint stipulation regarding discovery disputes. Dkt. # 120. On October 3, 2012, Plaintiff filed an ex parte application for an order requesting transfer of the discovery dispute from Chief Magistrate Judge Suzanne H. Segal to District Court Judge Philip S. Gutierrez. As detailed in the Court's Standing Order, "all discovery matters have been referred to a United States Magistrate Judge to hear all discovery disputes." Order 4. Accordingly, the ex parte application is DENIED. (bm) (Entered: 10/05/2012)
2012-11-19	124	NOTICE OF FILING: (1) U.S. DEPARTMENT OF STATE FIFTH VAUGHN INDEX; (2) THIRD DECLARATION OF SHERYL L. WALTER filed by Defendant United States Department of State. (Attachments: # 1 Fifth Vaughn Index Chart, # 2 Third Walter Declaration, # 3 Third Walter Declaration Exhibits)(Axe, Jason) (Entered: 11/19/2012)
2012-11-19	125	NOTICE OF FILING: (1) U.S. DEPARTMENT OF STATE SIXTH VAUGHN INDEX; (2) FOURTH DECLARATION OF SHERYL L. WALTER filed by Defendant United States Department of State. (Attachments: # 1 Sixth Vaughn Index Chart, # 2 Fourth Walter Declaration, # 3 Fourth Walter Declaration Exhibits)(Axe, Jason) (Entered: 11/19/2012)
2012-11-20	126	NOTICE OF LODGING filed DEPOSITION TRANSCRIPTS IN SUPPORT OF JOINT DISCOVERY DISPUTE: (1) DEPOSITION OF SHERYL WALTER; (2) DEPOSITION OF ERIC ALDRICH; (3) DEPOSITION OF KIRNINDER BRAICH re Joint MOTION for Hearing Discovery Dispute Hearing Joint Stipulation For Discovery Dispute 120 (Attachments: # 1 Deposition of Sheryl Walter, # 2 Deposition of Eric Aldrich, # 3 Deposition of Kirninder Braich)(Axe, Jason) (Entered: 11/20/2012)
2012-11-20	127	MINUTES OF Motion Hearing held before Magistrate Judge Suzanne H. Segal: Court and counsel present, hearing on Plaintiffs Motion to Compel Response to Depositions and for Sanctions is held. Court hears argument from parties. Court takes the Motion UNDER SUBMISSION. It is so ordered.Court Recorder: CS 11/20/12. (jy) (Entered: 11/21/2012)
2012-12-04	128	ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS MOTION TO COMPEL RESPONSE TO DEPOSITIONS AND FOR SANCTIONS (Dkt. No. 120 ) by Magistrate Judge Suzanne H. Segal; See order for details. (jy) (Entered: 12/04/2012)
2013-03-13	129	MINUTE ORDER IN CHAMBERS SETTING Status Conference by Judge Philip S. Gutierrez: At the parties' May 21, 2012 status conference, they were ordered to meet and confer as to Defendant's response to the third FOIA request. In the event Plaintiff planned to bring a motion for summary judgment regarding the third FOIA request, the Parties were advised to submit a joint briefing schedule or competing proposals for a joint briefing schedule. To date, no schedules or proposals have been filed. The Court sets a status conference for April 22, 2013 at 2:30 p.m. (bm) (Entered: 03/13/2013)
2013-04-17	130	NOTICE Joint Status Report and Proposed Briefing Schedule filed by Plaintiff Maxine Russell. (Stotter, Daniel) (Entered: 04/17/2013)
2013-04-17	131	TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: On the Court's own motion, the Status Conference 129 presently set for 04/22/13 is hereby vacated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(wm) TEXT ONLY ENTRY (Entered: 04/17/2013)
2013-04-18	132	ORDER RE: JOINT STATUS REPORT AND BRIEFING SCHEDULE by Judge Philip S. Gutierrez, Defendant State Department has informed Plaintiff that they opposePlaintiff Russell's position as to each of these issues. The parties have conferred, and have agreed upon the following proposed joint briefing schedule for resolution of the remaining issues between the parties in this action: 1. On or before May 15, 2013, counsel for both parties will confer, via phone, to discuss the remaining issues described above, to determine if the parties can resolve or otherwise narrow any of the remaining issues, and to identify, with specificity, the particular withheld documents (and portions of withheld documents) which remain at dispute and require judicial review. 2.On or before May 31, 2013, the parties shall file their respective summary judgment motions as to the above referenced issues in this action. 3. On or before June 14, 2013, the parties shall file their respective summary judgment responses in this action. 4. On or before June 28 2013, the parties shall file their respective summary judgment replies in this action. IT IS SO ORDERED. re Notice Joint Status Report and proposed Briefing Scheduling 130 (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw) (Entered: 04/18/2013)
2013-05-31	133	NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to PLAINTIFF'S THIRD CLAIM FOR RELIEF filed by DEFENDANT United States Department of State. Motion set for hearing on 7/29/2013 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Statement of Undisputed Facts, # 2 Proposed Order)(Axe, Jason) (Entered: 05/31/2013)
2013-05-31	134	VAUGHN INDEX re MOTION for Partial Summary Judgment as to PLAINTIFF'S THIRD CLAIM FOR RELIEF 133 filed by Defendant United States Department of State. (Attachments: # 1 Fifth Walter Declaration, # 2 Vaughn Itemization)(Axe, Jason) (Entered: 05/31/2013)
2013-05-31	135	NOTICE OF MOTION AND Renewed MOTION for Summary Judgment as to Plaintiff's Third Claim For Relief filed by Plaintiff Maxine Russell. Motion set for hearing on 7/29/2013 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Memorandum, # 2 Declaration Declaration of Daniel Stotter & Ex. A, # 3 Statement of Facts, # 4 Proposed Order)(Stotter, Daniel) (Entered: 05/31/2013)
2013-05-31	136	NOTICE OF MOTION AND MOTION for Reconsideration filed by Plaintiff Maxine Russell. Motion set for hearing on 7/29/2013 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Memorandum, # 2 Declaration Declaration of Daniel Stotter & Ex A, # 3 Proposed Order)(Stotter, Daniel) (Entered: 05/31/2013)
2013-06-10	137	EX PARTE APPLICATION to Continue DEADLINE FOR FILING SUMMARY JUDGMENT OPPOSITION BRIEFS from June 14, 2013 to June 19, 2013 Re: Order,,,,, 132 filed by DEFENDANT United States Department of State. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 06/10/2013)
2013-06-11	138	Opposition Opposition re: EX PARTE APPLICATION to Continue DEADLINE FOR FILING SUMMARY JUDGMENT OPPOSITION BRIEFS from June 14, 2013 to June 19, 2013 Re: Order,,,,, 132 137 Opposition filed by Plaintiff Maxine Russell. (Attachments: # 1 Declaration Declaration of Daniel J. Stotter)(Stotter, Daniel) (Entered: 06/11/2013)
2013-06-11	139	REPLY IN SUPPORT OF EX PARTE APPLICATION to Continue DEADLINE FOR FILING SUMMARY JUDGMENT OPPOSITION BRIEFS from June 14, 2013 to June 19, 2013 Re: Order,,,,, 132 137 filed by Defendant United States Department of State. (Axe, Jason) (Entered: 06/11/2013)
2013-06-11	140	ORDER CONTINUING DEADLINES FOR SUMMARY JUDGMENT OPPOSITION AND REPLY BRIEFS by Judge Philip S. Gutierrez: granting 137 Ex Parte Application to Continue. IT IS SO ORDERED that the dates in this action shall be continued as follows: MSJ Oppositions Due from 6/14/13 to 6/19/13; MSJ Replies Due from 6/28/13 to 7/3/13; MSJ Hearing Date 7/29/13 - unchanged. (lw) (Entered: 06/12/2013)
2013-06-19	141	MEMORANDUM in Opposition to MOTION for Partial Summary Judgment as to PLAINTIFF'S THIRD CLAIM FOR RELIEF 133 filed by Plaintiff Maxine Russell. (Attachments: # 1 Plaintiff's Response To Defendant's Statement of Facts)(Stotter, Daniel) (Entered: 06/19/2013)
2013-06-19	142	OPPOSITION IN OPPOSITION TO re: Renewed MOTION for Summary Judgment as to Plaintiff's Third Claim For Relief 135 filed by Defendant United States Department of State. (Axe, Jason) (Entered: 06/19/2013)
2013-06-19	143	SUPPLEMENTAL VAUGHN INDEX re MOTION for Partial Summary Judgment as to PLAINTIFF'S THIRD CLAIM FOR RELIEF 133 filed by Defendant United States Department of State. (Attachments: # 1 Sixth Walter Declaration, # 2 Vaughn Supplemental Itemization)(Axe, Jason) (Entered: 06/19/2013)
2013-06-19	144	OPPOSITION IN OPPOSITION TO re: MOTION for Reconsideration 136 filed by Defendant United States Department of State. (Axe, Jason) (Entered: 06/20/2013)
2013-07-03	145	REPLY Renewed MOTION for Summary Judgment as to Plaintiff's Third Claim For Relief 135 Plaintiff's Reply in Support of Plaintiff's Motion for filed by Plaintiff Maxine Russell. (Stotter, Daniel) (Entered: 07/03/2013)
2013-07-03	146	REPLY MOTION for Reconsideration 136 filed by Plaintiff Maxine Russell. (Stotter, Daniel) (Entered: 07/03/2013)
2013-07-03	147	REPLY IN SUPPORT OF MOTION for Partial Summary Judgment as to PLAINTIFF'S THIRD CLAIM FOR RELIEF 133 filed by Defendant United States Department of State. (Attachments: # 1 Vaughn Itemization, # 2 Seventh Walter Declaration)(Axe, Jason) (Entered: 07/03/2013)
2013-07-18	148	TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: DEFENDANT DEPARTMENT OF STATE'S MOTION FOR SUMMARY JUDGMENT 133 , PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 135 , and PLAINTIFF'S MOTION FOR RECONSIDERATION 136 set for hearing on 07/29/13 are taken under submission and off calendar. Accordingly, no appearance by counsel is necessary. The Court will issue a ruling after full consideration of the submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(wm) TEXT ONLY ENTRY (Entered: 07/18/2013)
2013-07-19	149	DECLARATION of SHERYL WALTER IN SUPPORT OF MOTION for Partial Summary Judgment as to PLAINTIFF'S THIRD CLAIM FOR RELIEF 133 filed by Defendant United States Department of State. (Attachments: # 1 Eighth Walter Declaration)(Axe, Jason) (Entered: 07/19/2013)
2013-07-24	150	MINUTE ORDER IN CHAMBERS ORDER Setting Status Conference for July 29, 2013 by Judge Philip S. Gutierrez: The Court orders the parties to appear for a status conference on July 29, 2013 at 1:30 p.m. to discuss the issues raised in the government's most recent declaration, the Eighth Walter Declaration. See Dkt. #149. The government should be thoroughly prepared to discuss its delay in conducting a thorough search of the Consulate General in Guangzhou. See Dkt. #1492. (bp) (Entered: 07/24/2013)
2013-07-26	151	PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO FILE SURREPLY re Renewed MOTION for Summary Judgment as to Plaintiff's Third Claim For Relief 135 filed by Plaintiff Maxine Russell. (Attachments: # 1 Proposed Order)(Stotter, Daniel) (Entered: 07/26/2013)
2013-07-26	152	NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion Related Document, 151 . The following error(s) was found: Incorrect event selected. The correct event is: Motions and Related Filings: Request> Leave. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bp) (Entered: 07/26/2013)
2013-07-26	153	NOTICE OF MOTION AND MOTION for Leave to Plaintiff's Unopposed Motion for Leave To File Surreply filed by Plaintiff Maxine Russell. Motion set for hearing on 7/29/2013 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order)(Stotter, Daniel) (Entered: 07/26/2013)
2013-07-26	154	ORDER by Judge Philip S. Gutierrez: For good cause shown, IT IS HEREBY ORDERED that Plaintiff's Unopposed Motion for Leave to File a Surreply is GRANTED 153 . See document for details. (smo) (Entered: 07/26/2013)
2013-07-29	155	DECLARATION of SHERYL WALTER IN SUPPORT OF MOTION for Partial Summary Judgment as to PLAINTIFF'S THIRD CLAIM FOR RELIEF 133 filed by Defendant United States Department of State. (Attachments: # 1 Ninth Walter Declaration)(Axe, Jason) (Entered: 07/29/2013)
2013-07-29	156	MINUTES (IN CHAMBERS): Order RENDERING MOOT Cross-Motions for Summary Judgment and Motion for Reconsideration by Judge Philip S. Gutierrez: On July 29, 2013, the parties appeared before the Court in a status conference. Pursuant to the discussion at the status conference, the cross-motions for summary judgment, Dkts. #133, 135, are RENDERED MOOT. Plaintiff's motion for reconsideration, Dkt.#136, is also RENDERED MOOT. (bp) (Entered: 07/30/2013)
2013-07-29	157	MINUTES OF STATUS CONFERENCE RE: DEFENDANT DEPARTMENT OF STATE'S NOTICE OF FILING EIGHT WALTER DECLARATION IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. 149) held before Judge Philip S. Gutierrez: The Court, having articulated its concerns regarding the recent filings, and having heard from counsel, the Court takes the matter under submission, and advises that an Order instructing counsel on which documents to file will be issued soon.Court Reporter: Mary Rickey. (bp) (Entered: 07/30/2013)
2013-08-08	158	Pl filed by Plaintiff Maxine Russell PROPOSED BRIEFING SCHEDULE (Venskus, Sabrina) (Entered: 08/08/2013)
2013-08-08	159	DEFENDANT'S PROPOSED BRIEFING SCHEDULE re: Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment, Order on Motion for Reconsideration,,, 156 (Axe, Jason) (Entered: 08/08/2013)
2013-08-09	160	NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proposed Briefing Schedule re: Miscellaneous Document 158 , Miscellaneous Document 159 . The following error(s) was found: Incorrect event selected. The correct event is: Notice (Other). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lw) (Entered: 08/09/2013)
2013-08-12	161	MINUTE ORDER IN CHAMBERS Order re Briefing Schedule by Judge Philip S. Gutierrez:Having rad and considered Plaintiff Maxine Russell's Proposed Briefing Schedule (dkt. 158) and Defendant's Proposed Briefing Scheule (Dkt. 159), the Court adopts Defendant's Proposed Briefing Schedule (dkt. 159) (bp) (Entered: 08/12/2013)
2013-09-16	162	NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to PLAINTIFF'S THIRD CLAIM FOR RELIEF filed by DEFENDANT United States Department of State. Motion set for hearing on 12/9/2013 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Statement of Undisputed Facts, # 2 Proposed Order)(Axe, Jason) (Entered: 09/16/2013)
2013-09-16	163	VAUGHN INDEX re MOTION for Partial Summary Judgment as to PLAINTIFF'S THIRD CLAIM FOR RELIEF 162 filed by Defendant United States Department of State. (Attachments: # 1 Tenth Walter Declaration, # 2 Vaughn Itemization)(Axe, Jason) (Entered: 09/16/2013)
2013-09-16	164	NOTICE OF MOTION AND Renewed MOTION for Reconsideration filed by Plaintiff Maxine Russell. Motion set for hearing on 12/9/2013 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Memorandum, # 2 Exhibit Exhibit "A", # 3 Declaration Declaration of Daniel J. Stotter, # 4 Proposed Order)(Stotter, Daniel) (Entered: 09/16/2013)
2013-09-17	165	NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Attachment 2: Proposed Order 162 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): There should be at least 2 lines of text to allow for the judge's signature pursuant to Local Rule 58.10. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 09/17/2013)
2013-10-07	166	ORDER from 9th CCA filed, CCA # 12-55382, 12-56249. Appellant's motion for an additional stay of proceedings pending the district court's final resolution of the FOIA is granted. The proceedings are stayed untilJanuary 8, 2014. [See document for further details]. Order received in this district on 10/7/13. (car) (Entered: 10/08/2013)
2013-10-09	167	STIPULATION to Continue BRIEFING SCHEDULE FOR DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S MOTION FOR RECONSIDERATION DUE TO THE LAPSE OF APPROPRIATIONS from October 15, 2013 to October 29,2013 Re: MOTION for Partial Summary Judgment as to PLAINTIFF'S THIRD CLAIM FOR RELIEF 162 filed by Defendant United States Department of State. (Attachments: # 1 Proposed Order)(Weidman, Leon) (Entered: 10/09/2013)
2013-10-10	168	ORDER by Judge Philip S. Gutierrez, re Stipulation to Continue, 167 , ORDERS that due to the lapse in appropriations to the Department of Justice ("Department"), the due date for plaintiff's opposition to defendants' Motion for Summary Judgment and defendants' opposition to plaintiff's Motion for Reconsideration is extended from October 15 to October 29, 2013; and, the due date for plaintiff's reply to defendants' opposition to the Motion for Reconsideration and defendants reply to plaintiffs opposition to the Motion for Summary Judgment is extended from November 12 to November 22, 2013.The hearing date for both motions will remain on December 9, 2013. RE: ( Responses due by 10/29/2013, Replies due by 11/22/2013.) (lw) (Entered: 10/11/2013)
2013-10-29	169	OPPOSITION IN OPPOSITION TO re: Renewed MOTION for Reconsideration 164 filed by Defendant United States Department of State. (Attachments: # 1 11th Walter Declaration)(Axe, Jason) (Entered: 10/29/2013)
2013-10-29	170	OPPOSITION to MOTION for Partial Summary Judgment as to PLAINTIFF'S THIRD CLAIM FOR RELIEF 162 filed by Plaintiff Maxine Russell. (Attachments: # 1 Plaintiff's Opposition To Defendant's Statement Of Undisputed Facts)(Stotter, Daniel) (Entered: 10/29/2013)
2013-11-22	171	REPLY In Support Renewed MOTION for Reconsideration 164 filed by Plaintiff Maxine Russell. (Stotter, Daniel) (Entered: 11/22/2013)
2013-11-22	172	REPLY IN SUPPORT OF MOTION for Partial Summary Judgment as to PLAINTIFF'S THIRD CLAIM FOR RELIEF 162 filed by Defendant United States Department of State. (Attachments: # 1 Exhibit 1)(Axe, Jason) (Entered: 11/22/2013)
2013-12-05	173	MINUTES (IN CHAMBERS): ORDER DENYING Plaintiff's Renewed Motion for Reconsideration by Judge Philip S. Gutierrez: Pending before the Court is Plaintiff Maxine Russell's ("Plaintiff") Renewed Motion for Reconsideration. Dkt. # 164. The Court finds the matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78(b); L.R. 7-15. After considering the supporting and opposing papers, the Court DENIES the Motion....(PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) RE: denying 164 Motion for Reconsideration, (Hrg 12/09 off) (lw) (Entered: 12/05/2013)
2013-12-09	174	MINUTES OF FEDERAL BUREAU OF INVESTIGATION AND DEPT OF STATE'S MOTION FOR SUMMARY JUDGMENT FILED 09-16-13 (DOC. 162) Hearing held before Judge Philip S. Gutierrez:Matter called and counsel are present. The Court hears oral argument on the above-referenced motion. Government is ordered to submit in camera documents by close of business December 16, 2013. The Court will issue a ruling after full consideration of the filed documents. Court Reporter: Miriam Baird. (bp) (Entered: 12/11/2013)
2013-12-10	175	MINUTES (IN CHAMBERS): Order DENYING Defendant's Motion for Summary Judgment regarding the Adequacy of the Search by Judge Philip S. Gutierrez: Pending before the Court is Defendant United States Department of State's Motion for Summary Judgment. Dkt #162. After considering the papers submitted in support of an in opposition to Defendant's Motion, as well as arguments presented at hearing on December 9, 2013, the Court DENIES the Motion as it relates to the adequacy of the State Department's search responsive records.denying 162 Motion for Partial Summary Judgment (bp) (Entered: 12/11/2013)
2013-12-16	176	NOTICE OF SUBMISSION OF DOCUMENTS IN CAMERA filed by Defendant United States Department of State re: Motion Hearing, 174 , Order on Motion for Partial Summary Judgment,, 175 (Axe, Jason) (Entered: 12/16/2013)
2014-01-06	177	MINUTE ORDER IN CHAMBERS GRANTING Defendant State Department's Motion for Summary Judgment re: Withholding of Records Responsive to Plaintiff's Third FOIA Request by Judge Philip S. Gutierrez re MOTION for Partial Summary Judgment as to PLAINTIFF'S THIRD CLAIM FOR RELIEF 162 : Thus, for the foregoing reasons, the Court GRANTS Defendant's Motion for Summary Judgment as to its withholding of twelve documents (P1, P13, G1, GU2, GU2A, GZ1, GZ3, C05376825, P9, P15, C05376824, and GZ2) responsive to Plaintiffs third FOIA request. (see document for further details) (bm) (Entered: 01/07/2014)
2014-01-15	178	TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: A reminder that DEFENDANT;S MOTION FOR SUMMARY JUDGMENT RE: DEFENDANT'S OCS SEARCH shall be heard on 03/17/14 at 1:30pm. Further, counsel shall review the Court's Order 175 regarding the following deadlines: Defendant to perform an OCS search using Charles Hennings name and any permutations of his name by January 24, 2014. Defendant shall then submit a brief regarding the adequacy of its OCS search (not to exceed 10 pages), along with a declaration describing the search performed and any documents generatedand withheld, by February 10, 2014. Plaintiff shall submit an opposition brief (not to exceed 10 pages) by February 24, 2014. Defendant may file a reply brief (not to exceed 7 pages) by March 3, 2014.. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY (Entered: 01/15/2014)
2014-01-24	179	ORDER from 9th CCA filed, CCA # 12-55382, 12-56249. Appellant's motion for a further stay of appellate proceedings pending the district court's final resolution of the Freedom of Information Act litigation isgranted. This case is stayed until March 31, 2014. [See document for further information]. Order received in this district on 1/24/2014. (car) (Entered: 01/28/2014)
2014-02-10	180	BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT RE: OCS SEARCH re MOTION for Partial Summary Judgment as to PLAINTIFF'S THIRD CLAIM FOR RELIEF 162 filed by Defendant United States Department of State. (Attachments: # 1 Declaration Twelfth Walter)(Axe, Jason) (Entered: 02/10/2014)
2014-02-11	181	SCHEDULING NOTICE TEXT ONLY ENTRY IN CHAMBERS by Judge Philip S. Gutierrez: On the Court's own motion, DEFENDANT'S MOTION FOR SUMMARY JUDGMENT RE: DEFENDANT'S OCS SEARCH 162 175 is hereby continued from 03/17/14 to 03/24/2014 at 1:30pm. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY (Entered: 02/11/2014)
2014-02-13	182	NOTICE OF MOTION AND MOTION to Continue Hearing from March 24, 2014 to April 7, 2014 or April 21, 2014 filed by Plaintiff Maxine Russell. (Attachments: # 1 Proposed Order)(Stotter, Daniel) (Entered: 02/13/2014)
2014-02-19	183	ORDER by Judge Philip S. Gutierrez. It is hereby ordered that Plaintiff's Motion To Continue Hearing is GRANTED, and that the hearing in this action is continued from March 24, 2014, to April 21, 2014, at 1:30 p.m., re MOTION to Continue Hearing from March 24, 2014 to April 7, 2014 or April 21, 2014 182 . (bp) (Entered: 02/19/2014)
2014-02-24	184	OPPOSITION to MOTION for Partial Summary Judgment as to PLAINTIFF'S THIRD CLAIM FOR RELIEF 162 PLAINTIFF'S RESPONSE AND OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT RE: OCS SEARCH filed by Plaintiff Maxine Russell. (Stotter, Daniel) (Entered: 02/24/2014)
2014-03-27	185	REPLY IN SUPPORT OF MOTION for Partial Summary Judgment as to PLAINTIFF'S THIRD CLAIM FOR RELIEF 162 (OCS SEARCH) filed by Defendant United States Department of State. (Attachments: # 1 Declaration Thirteenth Walter)(Axe, Jason) (Entered: 03/27/2014)
2014-04-03	186	ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 115 filed by United States Department of State, Notice of Appeal to 9th Circuit Court of Appeals, 99 filed by United States Department of State CCA # 12-55382 and 12-56249. Appellant's motion to further stay appellate proceedings pending the district court' s final resolution of the Freedom of Information Act litigation is granted. Order received in this district on 4/3/14. [See documents for details] (mat) (Entered: 04/07/2014)
2014-04-15	187	MINUTES (IN CHAMBERS) ORDER GRANTING Defendant State Department's Motion for Summary Judgment re: Adequacy of OCS Search, and DENYING the Motion as to the Withholding of Document O-46 by Judge Philip S. Gutierrez granting 162 Motion for Partial Summary Judgment: Thus, for the foregoing reasons, the Court: GRANTS Defendant's motion as to the adequacy of the OCS search for records responsive to Plaintiff's third FOIA request; DENIES Defendant's motion as to the withholdings of document O-46 pursuant to the Exemptions 5 and 6 of the FOIA; STAYS Defendant's disclosure of document O-46 pending the appeal of the May 22, 2012 Order. The Court also ORDERS Defendant to prepare and file a final judgment consistent with all prior orders in this matter by April 28, 2014. (see document for further details) (bm) (Entered: 04/16/2014)
2014-05-01	188	NOTICE OF LODGING filed [PROPOSED] JUDGMENT re Order on Motion for Partial Summary Judgment,,, 187 (Attachments: # 1 [Proposed] Judgment)(Axe, Jason) (Entered: 05/01/2014)
2014-05-07	189	JUDGMENT by Judge Philip S. Gutierrez. Pursuant to the following orders: (1) March 15, 2011 Order Continuing Defendants Motion for Reconsideration (noting that Plaintiff has settled her claims with the FBI) [DN #68 at 5]; (2) December 27, 2011 Order Granting in Part and Denying in Part Plaintiffs Motion for Summary Judgment and Granting in Part and Denying in Part the State Departments Motion for Summary Judgment [DN #90]; (3) February 1, 2012 Order Staying Disclosure of Documents 0-49, 90-175, A-351, A-315, A-223, and A-225 [DN #98]; (4) May 22, 2012 Order Directing Disclosure of Documents B-9M, G-299, Ge-423, G-424, G-373, O-35, A-194, O-115, G-373, O-25, O-104, A-349, A-350, A-352, O-74, O-79, A-246, G-360, G-372, and O-46, and Staying Disclosure Pending Appeal [DN #111]; (5) December 10, 2013 Order Denying in Part and Granting in Part the State Departments Motion for Summary Judgment as to Plaintiffs Third FOIA Request [DN #175]; (6) January 6, 2014 Order Granting Defendant State Departments Motion for Summary Judgment re: Withholding of Records Responsive to Plaintiffs Third FOIA Request [DN #177]; and (7) April 15, 2014 Order Granting Defendant State Departments Motion for Summary Judgment re: Adequacy of OCS Search [DN #187]. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that judgment is granted in favor of defendants Department of State and Federal Bureau of Investigation. IT IS FURTHER ORDERED, that pursuant to the Courts Orders referenced above, disclosure of documents O-49, 0-175, A-351, A-315, A-223, A-225, B-9M, G-299, G-423, G-373A, O-35, A-194, 0-115, G-373, O-25, O-104, A-349, A-350, A-352, A-353, O-74, 0-79, A-246, G-360, G-371, and O-46 by defendant Department of State shall continue to be stayed pending the appeal it has filed with the Ninth Circuit (Case No. 12-55382). (bp) (Entered: 05/08/2014)
2014-05-19	190	Joint STIPULATION for Order Stipulated Motion To Stay Motions For Attorney Fees & Costs Pending Appeal filed by Plaintiff Maxine Russell. (Attachments: # 1 Proposed Order)(Stotter, Daniel) (Entered: 05/19/2014)
2014-05-20	191	ORDER by Judge Philip S. Gutierrez, re Stipulation for Order 190 , UPON CONSIDERATION of the Stipulated Motion To Stay Motions For Attorney Fees & Costs Pending Appeal that has been filed by the parties in this action, and upon demonstration of good cause shown, IT IS HEREBY ORDERED that ths motion is GRANTED. Motions for attorney fees and / or costs shall be filed within 60 days after the issuance of a mandate from the Ninth Circuit Court of Appeals for the pending appeals in this matter, and any appeal(s) of the May 8, 2014 Judgment in this action. (lw) (Entered: 05/20/2014)
2014-07-01	192	NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Maxine Russell. Appeal of Judgment,,,,,,, 189 (Appeal fee of $505 receipt number 0973-14050777 paid.) (Attachments: # 1 Exhibit Representation Statement, # 2 Exhibit Exhibit "A" (Judgment))(Stotter, Daniel) (Entered: 07/01/2014)
2014-07-01	193	NOTICE OF APPEAL to the 9th CCA filed by Defendant United States Department of State. Appeal of Minutes of In Chambers Order/Directive - no proceeding held,,,,,,,, 90 , Judgment,,,,,,, 189 , Minutes of In Chambers Order/Directive - no proceeding held,,,, 111 (Appeal fee FEE WAIVED.) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Axe, Jason) (Entered: 07/01/2014)
2014-07-01	194	NOTIFICATION by Circuit Court of Appellate Docket Number 14-56046, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals 192 as to Plaintiff Maxine Russell. (mat) (Entered: 07/07/2014)
2014-07-02	195	NOTIFICATION by Circuit Court of Appellate Docket Number 14-56050 Cross-Appea, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals 193 as to Defendant United States Department of State. (mat) (Entered: 07/07/2014)
2015-04-10	196	ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals 115 , 99 , 193 . CCA # 12-55382, 12-56249, 14-56050. The court is in receipt of Defendant-Appellant's motion to dismiss its consolidated cross-appeals under Fed. R. App. P. 42(b). The motion to dismiss these appeals is granted and the parties agree to bear their own costs on appeal. (car) (Entered: 04/10/2015)
2016-06-08	197	MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 192 filed by Maxine Russell. CCA # 14-56046. The decision of the District Court is AFFIRMED. (mat) (Entered: 06/09/2016)
2016-08-19	198	ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 192 filed by Maxine Russell. CCA # 14-56046. The petitions for panel rehearing, Dkt. 44, and rehearing en banc, are denied. (mat) (Entered: 08/22/2016)
2016-08-30	199	MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal 192 CCA # 14-56046. The judgment of the 9th Circuit Court, entered June 08, 2016, takes effect this date. This constitutes the formal mandate of the 9th CCA issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Memorandum 197 AFFIRMED] (mat) (Entered: 08/31/2016)
2016-09-07	200	ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 192 filed by Maxine Russell. CCA # 14-56046. The unopposed motion of Appellant Maxine Russell to transfer consideration of attorney fees on appeal to the District Court (Central District of California, Western Division, Los Angeles) in the above captioned action isGRANTED. See 9th Cir. R. 39-1.8. (mat) (Entered: 09/08/2016)
2016-09-08	201	NOTICE OF HEARING ON USCA ORDER re USCA Memorandum/Opinion/Order, 200 : PLEASE TAKE NOTICE that the judgment of the Ninth Circuit U.S. Court of Appeals has been received in the above-entitled case. This matter is hereby set for hearing Appellants' Motion for Attorney Fees, on Monday, December 12, 2016 at 1:30 p.m. before Honorable Philip S. Gutierrez. It will be necessary for all counsel to be present at that time. (bm) (Entered: 09/09/2016)
2016-10-21	202	NOTICE OF MOTION AND MOTION for Extension of Time to File Plaintiff's Fee Motion & Application For Costs filed by Plaintiff Maxine Russell. Motion set for hearing on 1/30/2017 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Proposed Order) (Stotter, Daniel) (Entered: 10/21/2016)
2016-10-24	203	ORDER by Judge Philip S. Gutierrez granting 202 MOTION for Extension of Time to File: UPON CONSIDERATION of Plaintiff's Consent Motion For Extension of Time filed in this action, and upon demonstration of good cause shown, IT IS HEREBY ORDERED that ths motion is GRANTED. Plaintiff shall file her Fee Motion and Application for Costs in the above captioned action by November 7, 2016, Defendants shall file their Opposition to Plaintiff's Fee Motion and Application for Costs by December 9, 2016, and Plaintiff shall file her Reply in further support of Fee Motion and Application for Costs by December 23, 2016. The Court will reset the current December 12, 2016 oral argument hearing in this matter to January 23, 2017 at 1:30 p.m. (bm) (Entered: 10/24/2016)
2016-11-07	204	NOTICE OF MOTION AND MOTION for Attorney Fees and Costs filed by Plaintiff Maxine Russell. Motion set for hearing on 1/23/2017 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Declaration of Daniel Stotter & Exhibits, # 2 Declaration of Sabrina Venskus & Exhibits, # 3 Declaration of Richard Pearl & Exhibits) (Stotter, Daniel) (Entered: 11/07/2016)
2016-11-07	205	DECLARATION of Dennis Halpin in support of NOTICE OF MOTION AND MOTION for Attorney Fees and Costs 204 and Exhibits filed by Plaintiff Maxine Russell. (Stotter, Daniel) (Entered: 11/07/2016)
2016-11-07	206	DECLARATION of Mary Tillman in support of NOTICE OF MOTION AND MOTION for Attorney Fees and Costs 204 filed by Plaintiff Maxine Russell. (Stotter, Daniel) (Entered: 11/07/2016)
2016-12-09	207	NOTICE TO PARTIES by District Judge Phillip S. Gutierrez. Effective December 19, 2016, Judge Gutierrez will be located at the 1st Street Courthouse, COURTROOM 6A on the 6th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 6A of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY (Entered: 12/09/2016)
2016-12-09	208	STIPULATION for Extension of Time to File Response to Plaintiff's Motion for Attorney Fees and Costs filed by Defendant United States Department of State. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 12/09/2016)
2016-12-12	209	ORDER EXTENDING TIME FOR DEFENDANT DEPARTMENT OF STATE TO RESPOND TO PLAINTIFF'S MOTION FOR ATTORNEY FEES AND COSTS by Judge Philip S. Gutierrez, re Stipulation for Extension of Time to File 208 : IT IS SO ORDERED that Defendant State shall have an extension of time, up to and including December 16, 2016, within which to respond to Plaintiff's Motion for Attorney Fees and Costs. (bm) (Entered: 12/13/2016)
2016-12-14	210	STIPULATION for Settlement (Compromise) of Plaintiff's Claims for Attorneys Fees, Expenses, and Costs filed by Defendants United States Department of State, United States Federal Bureau of Investigation.(Axe, Jason) (Entered: 12/14/2016)
2016-12-15	211	ORDER ON STIPULATION FOR COMPROMISE SETTLEMENT OF PLAINTIFF'S CLAIMS FOR ATTORNEYS FEES, EXPENSES, AND COSTS by Judge Philip S. Gutierrez, re Stipulation for Settlement 210 . (Made JS-6. Case Terminated.) (bm) (Entered: 12/19/2016)
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