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Case TitleChula Vista Elementary School District v. United States Department of Justice
DistrictSouthern District of California
CitySan Diego
Case Number3:2013cv02223
Date Filed2013-09-17
Date Closed2014-07-31
JudgeJudge Cathy Ann Bencivengo
PlaintiffChula Vista Elementary School District
Case DescriptionThe Chula Vista Elementary School District submitted a FOIA request to the Department of Justice for records concerning John Kinloch, who had allegedly signed an immunity agreement with the agency in exchange for his testimony about his involvement in a child pornography ring in Great Britain in 1998. Kinloch was able to obtain a substitute teaching certificate and while working at Chula Vista Elementary School, he was arrested for involvement with child pornography. DOJ responded by invoking a Glomar response neither confirming nor denying the existence of records based on Exemption 7(C) (invasion of privacy concerning law enforcement records). The School District appealed the denial, which was upheld by the agency. The Chula Vista Elementary School District then filed suit.
Complaint issues: Determination - Glomar response, Litigation - Attorney's fees

DefendantUnited States Department of Justice
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-09-171COMPLAINT against United States Department of Justice (Filing fee $ 400 receipt number 0974-6296852) filed by Chula Vista Elementary School District. (Attachments: # 1 Civil Case Cover Sheet, # 2 Exhibit A-G, # 3 Proof of Service) The new case number is 3:13-cv-2223-CAB-WVG. Judge Cathy Ann Bencivengo and Magistrate Judge William V. Gallo are assigned to the case. (Adams, Dean)(kcm) (av1). (Entered: 09/17/2013)
2013-09-172Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (kcm)(av1). (Entered: 09/17/2013)
2013-09-193SUMMONS Returned Executed by Chula Vista Elementary School District. All Plaintiffs served. (Adams, Dean)(yeb). (Entered: 09/19/2013)
2013-09-204SUMMONS Returned Executed by Chula Vista Elementary School District. All Plaintiffs served. (Adams, Dean) (yeb). (Entered: 09/20/2013)
2013-10-155Ex Parte MOTION to Stay During Lapse in Appropriations by United States Department of Justice. (Attachments: # 1 Proof of Service)(Parker, Katherine)Attorney Katherine Lind Parker added to party United States Department of Justice(pty:dft) (yeb). (Entered: 10/15/2013)
2013-10-156NOTICE of Hearing on Motion 5 Ex Parte MOTION to Stay During Lapse in Appropriations : Motion Hearing set for 10/16/2013 02:30 PM in Courtroom 15B before Judge Barry Ted Moskowitz. Any party without an objection to the motion need not attend this hearing.(no document attached) (rfm) (Entered: 10/15/2013)
2013-10-157NON Opposition re 5 Ex Parte MOTION to Stay During Lapse in Appropriations filed by Chula Vista Elementary School District. (Adams, Dean)(yeb). (Entered: 10/15/2013)
2013-10-168Minute Order. for proceedings held before Judge Barry Ted Moskowitz:Motion Hearing held on 10/16/2013 re 5 Ex Parte MOTION to Stay During Lapse in Appropriations filed by United States Department of Justice. granting 5 Motion to Stay. (Court Reporter Debbie OConnell). (Plaintiff Attorney Tom Stahl, AUSA S/A).(Defendant Attorney Not Appearing). (no document attached) (rfm) (Entered: 10/17/2013)
2013-10-179The Court grants the United States' Ex Parte Motions to Stay 5 and order that all of the time limits and deadlines specified in the ex parte applications on file are extended for a period of time equal to the duration of the lapse in appropriations to the Department of Justice. The specified hearings and conferences are vacated. Within five court days of the entry of this Order, the government attorneys shall contact the judges assigned to the cases in which hearing dates or conferences were vacated to reschedule them. Nunc Pro Tunc 10/16/2013.Signed by Judge Barry Ted Moskowitz on 10/17/2013.(vam) Modified on 10/18/2013 (vam)(av1). (Entered: 10/17/2013)
2013-11-0410ANSWER to 1 Complaint, by United States Department of Justice. (Attachments: # 1 Proof of Service)(Parker, Katherine) (yeb). (Entered: 11/04/2013)
2013-11-0411NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 2/12/2014 09:00 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 11/4/2013.(yeb) (Entered: 11/04/2013)
2013-12-0212AMENDED NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 1/15/2014 09:00 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 12/2/2013.(yeb) (Entered: 12/02/2013)
2014-01-1513Minute Order for proceedings held before Magistrate Judge William V. Gallo:Early Neutral Evaluation Conference held on 1/15/2014. Telephonic Case Management Conference set for 4/17/2014 08:30 AM before Magistrate Judge William V. Gallo. Signed by Magistrate William V. Gallo on 01/15/2014. (Plaintiff Attorney Dean Adams).(Defendant Attorney Katherine Parker). (yeb) (Entered: 01/15/2014)
2014-04-1714Minute Order for proceedings held before Magistrate Judge William V. Gallo:Case Management Conference held on 4/17/2014. Status Conference shall be held on May 6, 2014 at 8:00 AM. Counsel shall participate by telephone conference call. The Court will initiate the telephone conference call. If the case is not settled by May 5, 2015, then on May 5, 2014, counsel shall submit to the Court a Joint Discovery Plan Schedule. Signed by Magistrate Judge William V. Gallo. (Plaintiff Attorney Dean Adams).(Defendant Attorney Katherine Parker). (yeb) (Entered: 04/17/2014)
2014-05-0615CASE MANAGEMENT ORDER Regulating Discovery and Other Pretrial Proceedings: Proposed Pretrial Order due by 11/14/2014., Final Pretrial Conference set for 11/21/2014 02:30 PM before Judge Cathy Ann Bencivengo. Signed by Magistrate Judge William V. Gallo on 5/6/2014.(yeb) (Entered: 05/06/2014)
2014-06-1716Joint MOTION to Vacate Case Management Dates and Deadlines by United States Department of Justice. (Attachments: # 1 Proof of Service)(Parker, Katherine) (yeb). (Entered: 06/17/2014)
2014-06-1817MINUTE ORDER: Joint Motion to Vacate Case Management Dates And Deadlines(Doc. no. 16 ) is granted. The dates and deadlines set in the Case Management Conference Order dated May 6, 2014 are vacated. A Status Conference shall be held on July 3, 2014, at 8:00 AM. Signed by Magistrate Judge William V. Gallo on 06/18/2014. (yeb) (Entered: 06/18/2014)
2014-07-0318Minute Order for proceedings held before Magistrate Judge William V. Gallo:Status Conference held on 7/3/2014. Status Conference shall be held onJuly 30, 2014 at 9:00 AM. Counsel shall participate by telephone conference call. The Court will initiate the telephone conference call. Signed by Magistrate Judge William V. Gallo on 07/03/2014 (Plaintiff Attorney Dean Adams).(Defendant Attorney Katherine Parker). (yeb) (Entered: 07/03/2014)
2014-07-3019Minute Order for proceedings held before Magistrate Judge William V. Gallo:Status Conference held on 7/30/2014. Case settled. On or before August 1, 2014, a Joint Motion for Dismissal of this case shall be filed. A Settlement Disposition Conference will be held in this case on August 7, 2014, at 9:00 AM, in the chambers of Magistrate Judge Gallo unless a signed Joint Motion for Dismissal of this case is filed and a copy of the signed Joint Motion is provided to the chambers of Magistrate Judge Gallo, prior to that time. Signed by Magistrate Judge William V. Gallo on 07/30/2014. (Plaintiff Attorney Dean Adams).(Defendant Attorney Katherine Parker). (yeb) (Entered: 07/30/2014)
2014-07-3120Joint MOTION to Dismiss With Prejudice by Chula Vista Elementary School District. (Attachments: # 1 Proof of Service)(Adams, Dean) (yeb). (Entered: 07/31/2014)
2014-07-3121MINUTE ORDER: The Settlement Disposition Conference set for August 7, 2014 at9:00 AM is vacated. Joint Motion for Dismissal received. Signed by Magistrate Judge William V. Gallo on 07/31/2014.(yeb) (Entered: 07/31/2014)
2014-07-3122ORDER granting 20 Joint Motion to Dismiss. The Court grants the motion and orders that this action shall be dismissed in its entirety with prejudice. Each party shall bear its own outstanding fees and costs. Signed by Judge Cathy Ann Bencivengo on 7/31/2014. (yeb) (Entered: 08/01/2014)
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by FOIA Project Staff
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