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Case TitleKelly v. U.S. Census Bureau et al
DistrictNorthern District of California
CityOakland
Case Number4:2010cv04507
Date Filed2010-10-05
Date Closed2014-10-21
JudgeHon. Jeffrey S. White
PlaintiffJohn M. Kelly
DefendantU.S. Census Bureau
DefendantU.S. Department of Commerce
AppealNinth Circuit 14-17475
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [143]
FOIA Project Annotation: On remand from the Ninth Circuit, a federal court in California has ruled that the Census Bureau conducted an adequate search for records concerning John Kelly's employment in 2010 as a census taker in the San Francisco office. Finding the court had dismissed Kelly's action before conducting a detailed examination of the agency's responses, Judge Jeffrey White this time assessed the Bureau's responses to Kelly's multiple requests and concluded the agency had acted properly. Kelly complained the agency had misinterpreted his requests as limited to job applicants and not people who were hired. White indicated that Kelly's requests referred only to applicants, but pointed out that an agency affidavit "makes it clear that after Kelly appealed the Census's final response and thereafter clarified his request to include hirees, Census created a computer program to generate documents responsive to Kelly's request." In response to one of Kelly's requests asking for his employment records, the agency treated it as a request under the Privacy Act. Kelly argued this limited the search to a specific system of records. But White noted that "Kelly sought records under the Census's control from which information about Kelly could be retrieved by a search using his name. Furthermore, Kelly does not explain specifically what 'limitation' results from construing his request under the Privacy Act instead of under the FOIA."
Issues: Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text
2010-10-051COMPLAINT (summons issued) against U.S. Census Bureau, U.S. Department of Commerce ( Filing fee $ 350, receipt number 34611051375.). Filed byJohn M. Kelly. (vlk, COURT STAFF) (Filed on 10/5/2010) (Additional attachment(s) added on 10/7/2010: # 1 Civil Cover Sheet) (vlk, COURT STAFF). (Entered: 10/07/2010)
2010-10-05CASE DESIGNATED for Electronic Filing. (vlk, COURT STAFF) (Filed on 10/5/2010) (Entered: 10/07/2010)
2010-10-052ADR SCHEDULING ORDER: Case Management Statement due by 1/5/2011. Case Management Conference set for 1/12/2011 01:30 PM. (Attachments: # 1 Standing Order)(vlk, COURT STAFF) (Filed on 10/5/2010) (Entered: 10/07/2010)
2010-10-053Summons Issued as to U.S. Department of Commerce. (vlk, COURT STAFF) (Filed on 10/5/2010) (Entered: 10/07/2010)
2010-10-054Summons Issued as to U.S. Census Bureau. (vlk, COURT STAFF) (Filed on 10/5/2010) (Entered: 10/07/2010)
2010-10-065Declination to Proceed Before a U.S. Magistrate Judge by John M. Kelly. (vlk, COURT STAFF) (Filed on 10/6/2010) (Entered: 10/07/2010)
2010-10-086CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (ig, COURT STAFF) (Filed on 10/8/2010) (Entered: 10/12/2010)
2010-10-087CERTIFICATE OF SERVICE TO PLAINTIFF re 6 Clerk's Notice of Impending Reassignment (ig, COURT STAFF) (Filed on 10/8/2010) (Entered: 10/12/2010)
2010-10-138ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Jeffrey S. White for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. Signed by the Executive Committee on October 13, 2010. (Attachments: # 1 Proof of Service)(cjl, COURT STAFF) (Filed on 10/13/2010) (Entered: 10/13/2010)
2010-10-159INITIAL SCHEDULING CONFERENCE ORDER: Case Management Conference set for 1/14/2011 01:30 PM in Courtroom 11, 19th Floor, San Francisco. Case Management Statement due by 1/7/2011.. Signed by Judge Jeffrey S. White on 10/15/10. (jjoS, COURT STAFF) (Filed on 10/15/2010) (Entered: 10/15/2010)
2010-10-1810CERTIFICATE OF SERVICE by John M. Kelly re 1 Complaint, 4 Summons Issued, 3 Summons Issued (hdj, COURT STAFF) (Filed on 10/18/2010) (Entered: 10/20/2010)
2010-10-1811CERTIFICATE OF SERVICE by John M. Kelly re 2 ADR Scheduling Order (hdj, COURT STAFF) (Filed on 10/18/2010) (Entered: 10/20/2010)
2010-11-0812Defendants' ANSWER to Complaint byU.S. Census Bureau, U.S. Department of Commerce. (Attachments: # 1 Certificate of Service)(Simmons, Abraham) (Filed on 11/8/2010) (Entered: 11/08/2010)
2010-11-1213CERTIFICATE OF SERVICE of Judge's civil standing orders by John M. Kelly. (mcl, COURT STAFF) (Filed on 11/12/2010) (Entered: 11/17/2010)
2010-11-1214Certificate of Interested Entities by John M. Kelly. (mcl, COURT STAFF) (Filed on 11/12/2010) (Entered: 11/17/2010)
2010-11-2415AMENDED COMPLAINT by John M. Kelly. (hdj, COURT STAFF) (Filed on 11/24/2010) Modified on 12/14/2010 (rcs, COURT STAFF). (Entered: 11/30/2010)
2010-12-1016Answer to Amended Complaint 15 Amended Complaint, for Injunctive and Declaratory Relief byU.S. Census Bureau, U.S. Department of Commerce. (Attachments: # 1 Certificate of Service)(Simmons, Abraham) (Filed on 12/10/2010) Modified on 12/14/2010 (rcs, COURT STAFF). (Entered: 12/10/2010)
2010-12-2217NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (hdj, COURT STAFF) (Filed on 12/22/2010) (Entered: 12/28/2010)
2010-12-2218ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (hdj, COURT STAFF) (Filed on 12/22/2010) (Entered: 12/28/2010)
2010-12-2921MOTION for Leave to File Excess Pages filed by John M. Kelly. (hdj, COURT STAFF) (Filed on 12/29/2010) (Entered: 01/03/2011)
2010-12-2922Declaration of John M. Kelly in Support of 21 MOTION for Leave to File Excess Pages filed byJohn M. Kelly. (Related document(s) 21 ) (hdj, COURT STAFF) (Filed on 12/29/2010) (Entered: 01/03/2011)
2010-12-2923Proposed Order re 22 Declaration in Support, 21 MOTION for Leave to File Excess Pages by John M. Kelly. (hdj, COURT STAFF) (Filed on 12/29/2010) (Entered: 01/03/2011)
2010-12-3019ADR Clerks Notice Setting ADR Phone Conference on 1/13/11 at 10:00 a.m. Pacific time. Please take note that at the appointed time, all parties shall call 218-339-2500 and use access code 908827. (sgd, COURT STAFF) (Filed on 12/30/2010) (Entered: 12/30/2010)
2010-12-3024NOTICE of Withdrawal of Motion by John M. Kelly (hdj, COURT STAFF) (Filed on 12/30/2010) (Entered: 01/04/2011)
2010-12-3025MOTION for Leave to File a Summary Judgment Motion Exceeding the Page Limit filed by John M. Kelly. (hdj, COURT STAFF) (Filed on 12/30/2010) (Entered: 01/04/2011)
2010-12-3026Declaration of John M. Kelly in Support of 25 MOTION for Leave to File Excess Pages filed byJohn M. Kelly. (Related document(s) 25 ) (hdj, COURT STAFF) (Filed on 12/30/2010) (Entered: 01/04/2011)
2010-12-3027Received Document (Proposed) Order re 25 MOTION for Leave to File Excess Pages by John M. Kelly. (hdj, COURT STAFF) (Filed on 12/30/2010) (Entered: 01/04/2011)
2011-01-0320ORDER GRANTING PLAINTIFF'S MOTION FOR ADMINISTRATIVE RELIEF TO EXCEED PAGE LIMITS. Signed by Judge Jeffrey S. White on 1/3/11. (jjoS, COURT STAFF) (Filed on 1/3/2011) (Entered: 01/03/2011)
2011-01-0728CASE MANAGEMENT STATEMENT filed by U.S. Census Bureau, U.S. Department of Commerce. (Attachments: # 1 Certificate of Service)(Simmons, Abraham) (Filed on 1/7/2011) (Entered: 01/07/2011)
2011-01-0729CASE MANAGEMENT STATEMENT filed by John M. Kelly. (mjj2, COURT STAFF) (Filed on 1/7/2011) (Entered: 01/11/2011)
2011-01-0730Declaration of John M. Kelly in Support of 29 Case Management Statement filed byJohn M. Kelly. (Related document(s) 29 ) (mjj2, COURT STAFF) (Filed on 1/7/2011) (Entered: 01/11/2011)
2011-01-1031ERRATA re 29 Case Management Statement by John M. Kelly. (hdj, COURT STAFF) (Filed on 1/10/2011) (Entered: 01/12/2011)
2011-01-13ADR Remark: ADR Phone Conference held by RWS on 1/13/11. (sgd, COURT STAFF) (Filed on 1/13/2011) (Entered: 01/13/2011)
2011-01-1332NOTICE of Change of Address by John M. Kelly-updated address. (hdj, COURT STAFF) (Filed on 1/13/2011) (Entered: 01/18/2011)
2011-01-1833Minute Entry: Initial Case Management Conference held on 1/14/2011 before Judge Jeffrey S. White (Date Filed: 1/18/2011). Hearing on Cross Motions for Summary Judgment set for 6/3/2011 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. (Court Reporter Margo Gurule.) (jjoS, COURT STAFF) (Date Filed: 1/18/2011) (Entered: 01/18/2011)
2011-01-2434"MOTION to Strike Defendants' Affirmative Defenses" filed by John M. Kelly. (hdj, COURT STAFF) (Filed on 1/24/2011) (Entered: 01/25/2011)
2011-01-2435Proposed Order re 34 MOTION to Strike by John M. Kelly. (hdj, COURT STAFF) (Filed on 1/24/2011) (Entered: 01/25/2011)
2011-01-2736Transcript of Proceedings held on 01/14/11, before Judge JEFFREY S. WHITE. Court Reporter/Transcriber Margaret "Margo" Gurule, Telephone number 415-504-4204 or margolargo@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 4/27/2011. (mng, COURT STAFF) (Filed on 1/27/2011) (Entered: 01/27/2011)
2011-01-2837MOTION for Order Requiring Defendants to Preserve and Protect Relevant Evidence in this Case filed by John M. Kelly. (hdj, COURT STAFF) (Filed on 1/28/2011) (Entered: 02/01/2011)
2011-01-2838Declaration of John M. Kelly in Support of 37 MOTION filed byJohn M. Kelly. (Related document(s) 37 ) (hdj, COURT STAFF) (Filed on 1/28/2011) (Entered: 02/01/2011)
2011-01-2839Proposed Order re 37 MOTION by John M. Kelly. (hdj, COURT STAFF) (Filed on 1/28/2011) (Entered: 02/01/2011)
2011-02-0241MOTION for Correct Transcript for Case Management Conference; Proposed Order filed by John M. Kelly. (hdj, COURT STAFF) (Filed on 2/2/2011) (Entered: 02/04/2011)
2011-02-0440ADR Clerk's Notice Appointing Fred D. Butler as Mediator. (pirness, COURT STAFF) (Filed on 2/4/2011) (Entered: 02/04/2011)
2011-02-0842Memorandum in Opposition re 34 MOTION to Strike filed byU.S. Census Bureau, U.S. Department of Commerce. (Simmons, Abraham) (Filed on 2/8/2011) (Entered: 02/08/2011)
2011-02-0943CERTIFICATE OF SERVICE by U.S. Census Bureau, U.S. Department of Commerce re 42 Memorandum in Opposition to Plaintiff's Motion to Strike Defendants' Affirmative Defenses (Simmons, Abraham) (Filed on 2/9/2011) (Entered: 02/09/2011)
2011-02-1544REPLY TO DEFENDANTS' OPPOSITION (re 34 MOTION to Strike ) filed byJohn M. Kelly. (aaa, COURT STAFF) (Filed on 2/15/2011) (Entered: 02/17/2011)
2011-02-2445OBJECTIONS AND REQUEST CONCERNING DEFENDANTS' VAUGHN INDEX by John M. Kelly. (aaa, COURT STAFF) (Filed on 2/24/2011) (Entered: 03/01/2011)
2011-02-2446Declaration of JOHN M. KELLY in Support of 45 Objection filed byJohn M. Kelly. (Related document(s) 45 ) (aaa, COURT STAFF) (Filed on 2/24/2011) (Entered: 03/01/2011)
2011-02-25Pre MED phone conference scheduled on 3/3/2011 at 11:00 a.m. (PT) (pirness, COURT STAFF) (Filed on 2/25/2011) (Entered: 02/25/2011)
2011-02-2547NOTICE OF ERRATA by John M. Kelly re 45 Objection (Attachments: # 1 Proposed Order)(aaa, COURT STAFF) (Filed on 2/25/2011) (Entered: 03/01/2011)
2011-02-2548Proposed Order Re Defendants' Vaughn Index by John M. Kelly. (hdj, COURT STAFF) (Filed on 2/25/2011) (Entered: 03/03/2011)
2011-03-0349Letter from John M. Kelly dated 2/8/2011 re Complaint re Court Clerk's Authority to Change Stats of Filed Documents. (ecg, COURT STAFF) (Filed on 3/3/2011) (Entered: 03/03/2011)
2011-03-0350ORDER DENYING PLAINTIFF'S MOTION FOR ADMINISTRATIVE RELIEF re 49 Letter filed by John M. Kelly. Signed by Judge James Ware on 3/3/2011. (ecg, COURT STAFF) (Filed on 3/3/2011) (Entered: 03/03/2011)
2011-03-1452MOTION for Leave to File Motion for Reconsideration filed by John M. Kelly. (hdj, COURT STAFF) (Filed on 3/14/2011) (Entered: 03/17/2011)
2011-03-1453Proposed Order re 52 MOTION for Leave to File by John M. Kelly. (hdj, COURT STAFF) (Filed on 3/14/2011) (Entered: 03/17/2011)
2011-03-1751ORDER VACATING MARCH 3, 2011 50 ORDER AS UNNECESSARY. It appears to the Court that the Clerk took corrective actions as outlined to Plaintiff in a letter dated January 20, 2011. This corrective action eliminated the need for the Chief Judge to grant any administrative relief based on the February 8, 2011 letter. Therefore, after reconsideration and with the above clarification of the Court's procedures, the March 3 Order is vacated as unnecessary. Signed by Judge James Ware on 3/16/2011. (ecg, COURT STAFF) (Filed on 3/17/2011) (Entered: 03/17/2011)
2011-03-2557"NOTICE Regarding Submitted Matters" by John M. Kelly (hdj, COURT STAFF) (Filed on 3/25/2011) (Entered: 03/29/2011)
2011-03-2954ADR Clerks Notice Vacating Appointment of Mediator, Fred D. Butler 40 . The ADR Program will appoint another mediator as soon as possible. (af, COURT STAFF) (Filed on 3/29/2011) (Entered: 03/29/2011)
2011-03-2955ADR Clerks Notice Setting ADR Phone Conference on Tuesday, April 5, 2011 at 2:00 p.m. pacific time. Please use call-in number 712-775-7400 and access code 1043914 to be connected to the conference call. (af, COURT STAFF) (Filed on 3/29/2011) (Entered: 03/29/2011)
2011-03-2956MOTION for Leave to File ; ADMINISTRATIVE MOTION FOR AUTHORITY TO FILE DEFENDANTS' REPLY TO PLAINTIFF'S OBJECTIONS TO VAUGHN INDEX AND [PROPOSED] ORDER filed by U.S. Census Bureau, U.S. Department of Commerce. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C, Part 1, # 4 Attachment C, Part 2, # 5 Attachment C, Part 3)(Simmons, Abraham) (Filed on 3/29/2011) (Entered: 03/29/2011)
2011-03-3058CERTIFICATE OF SERVICE by U.S. Census Bureau, U.S. Department of Commerce re 56 MOTION for Leave to File ; ADMINISTRATIVE MOTION FOR AUTHORITY TO FILE DEFENDANTS' REPLY TO PLAINTIFF'S OBJECTIONS TO VAUGHN INDEX AND [PROPOSED] ORDER MOTION for Leave to File ; ADMINISTRATIVE MOTION FOR AUTHORITY TO FILE DEFENDANTS' REPLY TO PLAINTIFF'S OBJECTIONS TO VAUGHN INDEX AND [PROPOSED] ORDER (Simmons, Abraham) (Filed on 3/30/2011) (Entered: 03/30/2011)
2011-04-0460ORDER by Judge Jeffrey S. White granting 56 Motion for Leave to File (Attachments: # 1 cos) (sis, COURT STAFF) (Filed on 4/4/2011) (Entered: 04/05/2011)
2011-04-0462MOTION to Strike 56 filed by John M. Kelly. Motion Hearing set for 5/27/2011 09:00 AM before Hon. Jeffrey S. White. (hdj, COURT STAFF) (Filed on 4/4/2011) (Entered: 04/06/2011)
2011-04-0463Declaration of John M. Kelly in Support of 62 MOTION to Strike filed byJohn M. Kelly. (Related document(s) 62 ) (hdj, COURT STAFF) (Filed on 4/4/2011) (Entered: 04/06/2011)
2011-04-0464Opposition 56 to Administrative Motion for Authority to File Reply by John M. Kelly. (hdj, COURT STAFF) (Filed on 4/4/2011) (Entered: 04/06/2011)
2011-04-0465Declaration of John M. Kelly in Support of 64 Response ( Non Motion ) filed byJohn M. Kelly. (Related document(s) 64 ) (hdj, COURT STAFF) (Filed on 4/4/2011) (Entered: 04/06/2011)
2011-04-0466Proposed Order DENYING Motion for Authority to File Reply by John M. Kelly. (hdj, COURT STAFF) (Filed on 4/4/2011) (Entered: 04/06/2011)
2011-04-0467Proposed Order Granting Motion to Strike by John M. Kelly. (hdj, COURT STAFF) (Filed on 4/4/2011) (Entered: 04/06/2011)
2011-04-0559ORDER RE OUTSTANDING MOTIONS by Judge Jeffrey S. White denying 34 Motion to Strike ; denying 37 Motion ; denying 41 Motion (Attachments: # 1 cos) (sis, COURT STAFF) (Filed on 4/5/2011) (Entered: 04/05/2011)
2011-04-05***Deadlines terminated. 59 Order on Motion to Strike, Order on Motion for Miscellaneous Relief,. (hdj, COURT STAFF) (Filed on 4/5/2011) (Entered: 04/05/2011)
2011-04-05ADR Remark: ADR Phone Conference held 4/5/2011 with Howard A. Herman, ADR Program Director. (cmf, COURT STAFF) (Filed on 4/5/2011) (Entered: 04/06/2011)
2011-04-0661ORDER REFERRING CASE to Magistrate Judge for Settlement. Signed by Judge Jeffrey S. White on 4/6/11. (Attachments: # 1 COS)(sis, COURT STAFF) (Filed on 4/6/2011) (Entered: 04/06/2011)
2011-04-06CASE REFERRED to Magistrate Judge Elizabeth D. Laporte for Settlement (sis, COURT STAFF) (Filed on 4/6/2011) (Entered: 04/06/2011)
2011-04-0772CLERKS NOTICE : Settlement Conference set for 6/2/2011 02:00 PM in Courtroom E, 15th Floor, San Francisco. (cgk, COURT STAFF) (Filed on 4/7/2011) (Entered: 05/03/2011)
2011-04-2668MOTION for Leave of Court to File Motion for Reconsideration of Order filed by John M. Kelly. (hdj, COURT STAFF) (Filed on 4/26/2011) (Entered: 04/28/2011)
2011-04-2669Declaration of John M. Kelly in Support of 68 MOTION filed byJohn M. Kelly. (Related document(s) 68 ) (hdj, COURT STAFF) (Filed on 4/26/2011) (Entered: 04/28/2011)
2011-04-2670Proposed Order re 68 MOTION by John M. Kelly. (hdj, COURT STAFF) (Filed on 4/26/2011) (Entered: 04/28/2011)
2011-05-0271ORDER by Judge JEFFREY S. WHITE re: Motion for Reconsideration and Motion to Strike (jjoS, COURT STAFF) (Filed on 5/2/2011) (Entered: 05/02/2011)
2011-05-1373MOTION for Leave to File Motion for Reconsideration filed by John M. Kelly. (hdj, COURT STAFF) (Filed on 5/13/2011) (Entered: 05/16/2011)
2011-05-1374Proposed Order re 73 MOTION for Leave to File by John M. Kelly. (hdj, COURT STAFF) (Filed on 5/13/2011) (Entered: 05/16/2011)
2011-05-1676Proposed Order 73 by John M. Kelly. (hdj, COURT STAFF) (Filed on 5/16/2011) (Entered: 05/17/2011)
2011-05-1775ORDER by Judge JEFFREY S. WHITE denying 73 Third Motion for Reconsideration (jjoS, COURT STAFF) (Filed on 5/17/2011) (Entered: 05/17/2011)
2011-05-1877Order Setting Settlement Conference before Magistrate Judge. Signed by Judge Elizabeth D. Laporte on 5/18/2011. (cgk, COURT STAFF) (Filed on 5/18/2011) (Additional attachment(s) added on 5/18/2011: # 1 proof of service) (cgk, COURT STAFF). (Entered: 05/18/2011)
2011-05-2079MOTION for Enlargement of Time to Submit Submissions Re Settlement Conference Order; Declaration of John M. Kelly filed by John M. Kelly. (hdj, COURT STAFF) (Filed on 5/20/2011) (Entered: 05/24/2011)
2011-05-2080Proposed Order 79 by John M. Kelly. (hdj, COURT STAFF) (Filed on 5/20/2011) (Entered: 05/24/2011)
2011-05-2378ORDER GRANTING PLAINTIFF'S MOTION FOR ENLARGEMENT OF TIME TO SUBMIT SUBMISSIONS RE SETTLEMENT CONFERENCE ORDER. The Parties' confidential settlement conference statements shall be hand-delivered on or before 5/25/2011. Signed by Judge Elizabeth D. Laporte on 5/23/2011. (Attachments: # 1 proof of service)(cgk, COURT STAFF) (Filed on 5/23/2011) (Entered: 05/23/2011)
2011-05-2481ORDER EXCUSING ATTENDANCE AT SETTLEMENT CONFERENCE. Signed by Judge Elizabeth D. Laporte on 5/24/2011. (Attachments: # 1 proof of service)(cgk, COURT STAFF) (Filed on 5/24/2011) (Entered: 05/24/2011)
2011-06-2282STATUS REPORT Of Federal Defendants by U.S. Census Bureau. (Simmons, Abraham) (Filed on 6/22/2011) (Entered: 06/22/2011)
2011-06-2283Minute Entry: Settlement Conference held with Judge Laporte on 6/2/2011. Case did not settle. (lmh, COURT STAFF) (Date Filed: 6/22/2011) (Entered: 06/22/2011)
2011-06-2284MOTION for Recusal filed by John M. Kelly. (hdj, COURT STAFF) (Filed on 6/22/2011) (Additional attachment(s) added on 5/18/2012: # 1 cross-motion) (hdj, COURT STAFF). (Entered: 06/24/2011)
2011-06-2285Declaration of John M. Kelly in Support of 84 MOTION for Recusal filed byJohn M. Kelly. (Related document(s) 84 ) (hdj, COURT STAFF) (Filed on 6/22/2011) (Entered: 06/24/2011)
2011-06-2286Proposed Order re 84 MOTION for Recusal by John M. Kelly. (hdj, COURT STAFF) (Filed on 6/22/2011) (Entered: 06/24/2011)
2011-06-2387ERRATA re 84 MOTION for Recusal by John M. Kelly. (hdj, COURT STAFF) (Filed on 6/23/2011) (Entered: 06/24/2011)
2011-06-2488Minute Entry: Further Case Management Conference held on 6/24/2011 before Judge Jeffrey S. White (Date Filed: 6/24/2011). Hearing on Cross Motions for Summary Judgment set for 9/16/2011 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. (Court Reporter Jim Yeomans.) (jjoS, COURT STAFF) (Date Filed: 6/24/2011) (Entered: 06/24/2011)
2011-06-24***Deadlines terminated. (jjoS, COURT STAFF) (Filed on 6/24/2011) (Entered: 06/24/2011)
2011-07-2289MOTION to Dismiss for Lack of Subject Matter Jurisdiction, and for , MOTION for Summary Judgment filed by U.S. Census Bureau, U.S. Department of Commerce. Motion Hearing set for 9/16/2011 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Responses due by 8/5/2011. Replies due by 8/12/2011. (Simmons, Abraham) (Filed on 7/22/2011) (Entered: 07/22/2011)
2011-07-2290Declaration of Mary C. Potter in Support of 89 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, and for MOTION for Summary Judgment filed byU.S. Census Bureau, U.S. Department of Commerce. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Related document(s) 89 ) (Simmons, Abraham) (Filed on 7/22/2011) (Entered: 07/22/2011)
2011-07-2291Declaration of LOUIS AVENILLA in Support of 89 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, and for MOTION for Summary Judgment filed byU.S. Census Bureau, U.S. Department of Commerce. (Related document(s) 89 ) (Simmons, Abraham) (Filed on 7/22/2011) (Entered: 07/22/2011)
2011-07-2292Declaration of MICHAEL BURNS in Support of 89 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, and for MOTION for Summary Judgment filed byU.S. Census Bureau, U.S. Department of Commerce. (Related document(s) 89 ) (Simmons, Abraham) (Filed on 7/22/2011) (Entered: 07/22/2011)
2011-07-2293Declaration of BRYN JOHNSON in Support of 89 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, and for MOTION for Summary Judgment filed byU.S. Census Bureau, U.S. Department of Commerce. (Related document(s) 89 ) (Simmons, Abraham) (Filed on 7/22/2011) (Entered: 07/22/2011)
2011-07-2594CERTIFICATE OF SERVICE by U.S. Census Bureau, U.S. Department of Commerce re 91 Declaration in Support, 92 Declaration in Support, 90 Declaration in Support, 93 Declaration in Support, 89 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, and for MOTION for Summary Judgment (Simmons, Abraham) (Filed on 7/25/2011) (Entered: 07/25/2011)
2011-08-0495Cross-Motion for Summary Judgment or Alternatively Partial Summary Judgment; Memorandum of Points and Authorities filed by John M. Kelly. Motion Hearing set for 9/16/2011 09:00 AM before Hon. Jeffrey S. White. (hdj, COURT STAFF) (Filed on 8/4/2011) (Entered: 08/08/2011)
2011-08-0496Declaration of John M. Kelly in Support of Cross-Motion for Summary Judgement filed byJohn M. Kelly. (hdj, COURT STAFF) (Filed on 8/4/2011) (Additional attachment(s) added on 8/8/2011: # 1 part 2) (hdj, COURT STAFF). (Entered: 08/08/2011)
2011-08-0898RESPONSE (re 89 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, and for MOTION for Summary Judgment ) filed byJohn M. Kelly. (hdj, COURT STAFF) (Filed on 8/8/2011) (Entered: 08/10/2011)
2011-08-0899Declaration of John M. Kelly in Support of 98 Opposition/Response to Motion filed byJohn M. Kelly. (Related document(s) 98 ) (hdj, COURT STAFF) (Filed on 8/8/2011) (Entered: 08/10/2011)
2011-08-08100ERRATA re 99 Declaration in Support by John M. Kelly. (hdj, COURT STAFF) (Filed on 8/8/2011) (Entered: 08/10/2011)
2011-08-09***Deadlines terminated. (jjoS, COURT STAFF) (Filed on 8/9/2011) (Entered: 08/09/2011)
2011-08-0997Letter dated 8/8/2011 re: filing of pleadings from Mr. John M. Kelly. (hdj, COURT STAFF) (Filed on 8/9/2011) (Entered: 08/10/2011)
2011-08-09101ERRATA re 95 MOTION for Summary Judgment by John M. Kelly. (hdj, COURT STAFF) (Filed on 8/9/2011) (Entered: 08/16/2011)
2011-08-09102ERRATA re 98 Opposition/Response to Motion by John M. Kelly. (hdj, COURT STAFF) (Filed on 8/9/2011) (Entered: 08/16/2011)
2011-08-19103Transcript of Proceedings held on 06/24/11, before Judge Jeffrey S. White. Court Reporter/Transcriber James Yeomans, Telephone number (415) 863-5179. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 11/17/2011. (jjy, COURT STAFF) (Filed on 8/19/2011) (Entered: 08/19/2011)
2011-08-19104REPLY (re 95 MOTION for Summary Judgment, 89 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, and for MOTION for Summary Judgment ) filed byU.S. Census Bureau, U.S. Department of Commerce. (Attachments: # 1 Appendix A-E)(Simmons, Abraham) (Filed on 8/19/2011) (Entered: 08/19/2011)
2011-08-19105CERTIFICATE OF SERVICE by U.S. Census Bureau, U.S. Department of Commerce re 104 Reply to Opposition/Response, (Simmons, Abraham) (Filed on 8/19/2011) (Entered: 08/19/2011)
2011-08-22106NOTICE by U.S. Census Bureau, U.S. Department of Commerce re 104 Reply to Opposition/Response, Defendants' Notice of Errata and Amended Defendants' Reply in Support of Motion to Dismiss for Lack of Subject Matter Jurisdiction and for Summary Judgment; Opposition to Plaintiff's Motion for Summary Judgment (Attachments: # 1 Appendix A-E)(Simmons, Abraham) (Filed on 8/22/2011) (Entered: 08/22/2011)
2011-08-22107Declaration of Mary C. Potter (Supplemental) in Support of 106 Notice (Other), Notice (Other) filed byU.S. Census Bureau, U.S. Department of Commerce. (Related document(s) 106 ) (Simmons, Abraham) (Filed on 8/22/2011) (Entered: 08/22/2011)
2011-08-22108CERTIFICATE OF SERVICE by U.S. Census Bureau, U.S. Department of Commerce re 106 Notice (Other), Notice (Other) (Simmons, Abraham) (Filed on 8/22/2011) (Entered: 08/22/2011)
2011-09-02109Reply 104 Reply to Opposition/Response, by John M. Kelly. (hdj, COURT STAFF) (Filed on 9/2/2011) Modified on 9/7/2011 (hdj, COURT STAFF). (Entered: 09/07/2011)
2011-09-02110Declaration of John Kelly in Support of 111 Response ( Non Motion ) filed byJohn M. Kelly. (Related document(s) 111 ) (hdj, COURT STAFF) (Filed on 9/2/2011) Modified on 9/7/2011 (hdj, COURT STAFF). (Entered: 09/07/2011)
2011-09-06113ERRATA re 109 Response ( Non Motion ) by John M. Kelly. (hdj, COURT STAFF) (Filed on 9/6/2011) (Entered: 09/13/2011)
2011-09-06114ERRATA re 98 Opposition/Response to Motion by John M. Kelly. (hdj, COURT STAFF) (Filed on 9/6/2011) (Entered: 09/13/2011)
2011-09-07111ORDER RE: MOTIONS FOR SUMMARY JUDGMENT. Signed by Judge Jeffrey S. White on 9/7/11. (jjoS, COURT STAFF) (Filed on 9/7/2011) Modified on 9/7/2011 (hdj, COURT STAFF). Mod (Entered: 09/07/2011)
2011-09-07112JUDGMENT. Signed by Judge Jeffrey S. White on 9/7/11. (jjoS, COURT STAFF) (Filed on 9/7/2011) Modified on 9/7/2011 (hdj, COURT STAFF). (Entered: 09/07/2011)
2011-10-21115**ENTERED IN WRONG CASE - PLEASE DISREGARD** AMENDED ORDER RELATING CASE.. Signed by Judge JEFFREY S. WHITE on 10/21/11. (jjoS, COURT STAFF) (Filed on 10/21/2011) Modified on 10/24/2011 (jjoS, COURT STAFF). (Entered: 10/21/2011)
2011-11-04116NOTICE OF APPEAL as to 111 112 Judgment by John M. Kelly. Filing fee $ 455-#34611066597 (hdj, COURT STAFF) (Filed on 11/4/2011) (Entered: 11/07/2011)
2011-11-07117Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 116 Notice of Appeal (hdj, COURT STAFF) (Filed on 11/7/2011) (Entered: 11/07/2011)
2011-11-14118USCA Case Number 11-17684 Ninth Circuit for 116 Notice of Appeal filed by John M. Kelly. (hdj, COURT STAFF) (Filed on 11/14/2011) (Entered: 11/14/2011)
2011-11-15119TRANSCRIPT DESIGNATION N/A by John M. Kelly. (hdj, COURT STAFF) (Filed on 11/15/2011) (Entered: 11/17/2011)
2011-11-25120Transcript Designation and Ordering Form for proceedings held on 1/14/2011 & 6/24/2011 before Judge Hon. Jeffrey S. White, (Attachments: # 1 Certificate/Proof of Service)(Simmons, Abraham) (Filed on 11/25/2011) (Entered: 11/25/2011)
2011-11-29121TRANSCRIPT DESIGNATION and Ordering form by John M. Kelly. (hdj, COURT STAFF) (Filed on 11/29/2011) (Entered: 12/05/2011)
2012-02-24123Administrative Motion to File Confidential ADR Documents Under Seal filed by John M. Kelly. (mjj2, COURT STAFF) (Filed on 2/24/2012) (Entered: 02/27/2012)
2012-02-24124Declaration of John M. Kelly in Support of 123 Administrative Motion to File Under Seal filed by John M. Kelly. (Related document(s) 123 ) (mjj2, COURT STAFF) (Filed on 2/24/2012) (Entered: 02/27/2012)
2012-02-27122ORDER RE: PLAINTIFF'S ADMINISTRATIVE MOTION TO FILE DOCUMENTS PERTAINING CONFIDENTIAL ADR DOCUMENTS UNDER SEAL. Signed by Judge Jeffrey S. White on 2/27/12. (jjoS, COURT STAFF) (Filed on 2/27/2012) (Entered: 02/27/2012)
2013-10-03125USCA Memorandum-AFFIRMED in part, Vacated in part, and REMANDED as to 116 Notice of Appeal filed by John M. Kelly (hdjS, COURT STAFF) (Filed on 10/3/2013) (Entered: 10/03/2013)
2013-11-01126***erroneous entry-duplicate***USCA Memorandum as to -AFFIRMED in part, VACATED in part and REMANDED 116 Notice of Appeal filed by John M. Kelly (hdjS, COURT STAFF) (Filed on 11/1/2013) Modified on 11/1/2013 (hdjS, COURT STAFF). (Entered: 11/01/2013)
2013-12-20127ORDER of USCA as to 116 Notice of Appeal filed by John M. Kelly (hdjS, COURT STAFF) (Filed on 12/20/2013) (Entered: 12/20/2013)
2014-01-07128MANDATE of USCA as to 116 Notice of Appeal filed by John M. Kelly (hdjS, COURT STAFF) (Filed on 1/7/2014) (Entered: 01/07/2014)
2014-01-07129CLERKS Letter Spreading Mandate to Counsel (hdjS, COURT STAFF) (Filed on 1/7/2014) (Entered: 01/07/2014)
2014-01-30130CLERKS NOTICE SCHEDULING CASE MANAGEMENT CONFERENCE: Case Management Statement due by 3/7/2014. Case Management Conference set for 3/14/2014 01:30 PM in Courtroom 11, 19th Floor, San Francisco. (jjoS, COURT STAFF) (Filed on 1/30/2014) (Entered: 01/30/2014)
2014-03-07131CASE MANAGEMENT STATEMENT filed by U.S. Census Bureau, U.S. Department of Commerce. (Simmons, Abraham) (Filed on 3/7/2014) (Entered: 03/07/2014)
2014-03-07132CASE MANAGEMENT STATEMENT filed by John M. Kelly. (hdjS, COURT STAFF) (Filed on 3/7/2014) (Entered: 03/11/2014)
2014-03-13133CLERKS NOTICE ADVANCING TIME FOR CASE MANAGEMENT CONFERENCE TO 12:00 P.M. Case Management Conference set for 3/14/2014 12:00 PM in Courtroom 11, 19th Floor, San Francisco. (jjoS, COURT STAFF) (Filed on 3/13/2014) (Entered: 03/13/2014)
2014-03-17134Minute Entry: Further Case Management Conference held on 3/14/2014 before Judge Jeffrey S. White (Date Filed: 3/17/2014). (Court Reporter Debra Pas.) (jjoS, COURT STAFF) (Date Filed: 3/17/2014) (Entered: 03/17/2014)
2014-03-25135Transcript of Proceedings held on 3-14-2014, before Judge Jeffrey S. White. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 6/23/2014. (Pas, Debra) (Filed on 3/25/2014) (Entered: 03/25/2014)
2014-03-28136Supplemental Brief filed byJohn M. Kelly. (hdjS, COURT STAFF) (Filed on 3/28/2014) (Entered: 04/01/2014)
2014-03-31137Errata by John M. Kelly re 136 Supplemental Brief (hdjS, COURT STAFF) (Filed on 3/31/2014) (Entered: 04/01/2014)
2014-04-11138Proposed Order and Non-Waiver of Defenses, by U.S. Census Bureau, U.S. Department of Commerce. (Attachments: # 1 Proposed Order, # 2 Certificate/Proof of Service)(Simmons, Abraham) (Filed on 4/11/2014) Modified on 4/14/2014 (jlmS, COURT STAFF). (Entered: 04/11/2014)
2014-04-18139MOTION for Leave to File Excess Pages for Reply to Proposed Order and Non-Waiver of Defenses, filed by John M. Kelly. (Attachments: # 1 Proposed Order)(jlmS, COURT STAFF) (Filed on 4/18/2014) (Entered: 04/18/2014)
2014-04-18140Declaration of John M. Kelly in Support of 139 Motion for Leave to File Excess Pages for Reply to Proposed Order and Non-Waiver of Defenses, filed by John M. Kelly. (Related document(s) 139 ) (jlmS, COURT STAFF) (Filed on 4/18/2014) (Entered: 04/18/2014)
2014-04-18141Reply to 138 Proposed Order and Non-Waiver of Defenses, filed by John M. Kelly. (jlmS, COURT STAFF) (Filed on 4/18/2014) (Entered: 04/18/2014)
2014-04-24142NOTICE OF ERRATA re 141 Reply, filed by John M. Kelly. (Attachments: # 1 Envelope)(jlmS, COURT STAFF) (Filed on 4/24/2014) (Entered: 04/25/2014)
2014-10-21143ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT. Signed by Judge JEFFREY S. WHITE on 10/20/14. (Attachments: # 1 Certificate/Proof of Service)(jjoS, COURT STAFF) (Filed on 10/21/2014) (Entered: 10/21/2014)
2014-10-21144JUDGMENT. Signed by Judge JEFFREY S. WHITE on 10/20/14. (Attachments: # 1 Certificate/Proof of Service)(jjoS, COURT STAFF) (Filed on 10/21/2014) (Entered: 10/21/2014)
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