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Case TitlePolk v. Federal Bureau of Investigation
DistrictNorthern District of California
CityOakland
Case Number4:2014cv04667
Date Filed2014-10-20
Date Closed2016-01-08
JudgeHon. Phyllis J. Hamilton
PlaintiffSusan Mae Polk
Case DescriptionSusan Mae Polk submitted several FOIA requests to the FBI for records concerning the agency's apparent investigation of Polk, who was convicted in state court for murdering her husband. Polk indicated the FBI files would help her appeal her conviction. When the FBI did not respond, Polk filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantFederal Bureau of Investigation
AppealNinth Circuit 16-15206
Documents
Docket
Complaint
Opinion/Order [17]
Opinion/Order [21]
Opinion/Order [36]
Opinion/Order [69]
Opinion/Order [72]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-10-175MOTION for Leave to Proceed in forma pauperis filed by Susan Mae Polk. (Attachments: # 1 Envelope)(vlkS, COURT STAFF) (Filed on 10/17/2014) (Entered: 10/27/2014)
2014-10-201Application Under the Freedom of Information Act (FOIA) For Injunction to Compel FBI to Release Records to Applicant filed by Susan Mae Polk. Responses due by 11/17/2014. Replies due by 12/1/2014. (vlkS, COURT STAFF) (Filed on 10/20/2014) (Entered: 10/21/2014)
2014-10-202Request to Seal Exhibit Containing Information Submitted in Support of 1 Application filed by Susan Mae Polk. (Attachments: # 1 Envelope)(vlkS, COURT STAFF) (Filed on 10/20/2014) (Entered: 10/21/2014)
2014-10-203CLERK'S NOTICE re completion of In Forma Pauperis affidavit or payment of filing fee due within 28 days. IFP Form due by 12/1/2014. (vlkS, COURT STAFF) (Filed on 10/20/2014) (Entered: 10/21/2014)
2014-10-204MOTION for Leave to Proceed in forma pauperis filed by Susan Mae Polk. (vlkS, COURT STAFF) (Filed on 10/20/2014) (Entered: 10/21/2014)
2014-10-276Declaration in Support of 5 MOTION for Leave to Proceed in forma pauperis filed bySusan Mae Polk. (Attachments: # 1 Envelope)(Related document(s) 5 ) (vlkS, COURT STAFF) (Filed on 10/27/2014) (Entered: 10/29/2014)
2014-10-317MOTION for Leave to Proceed in forma pauperis filed by Susan Mae Polk. (Attachments: # 1 Envelope)(vlkS, COURT STAFF) (Filed on 10/31/2014) (Entered: 11/04/2014)
2014-11-148ORDER by Judge Hamilton terminating 4 5 Motions for Leave to Proceed in forma pauperis; granting 7 Motion for Leave to Proceed in forma pauperis (pjhlc1, COURT STAFF) (Filed on 11/14/2014) (Additional attachment(s) added on 11/14/2014: # 1 Certificate/Proof of Service) (nahS, COURT STAFF). (Entered: 11/14/2014)
2014-11-179Summons Issued as to Federal Bureau of Investigation, U.S. Attorney and U.S. Attorney General (Attachments: # 1 USMS Forms)(vlkS, COURT STAFF) (Filed on 11/17/2014) (Entered: 11/17/2014)
2014-12-0410SUMMONS Returned Executed as to USAO on 11/26/14. (vlkS, COURT STAFF) (Filed on 12/4/2014) (Entered: 12/05/2014)
2014-12-1211MOTION For Costs of Suit filed by Susan Mae Polk. Responses due by 12/26/2014. Replies due by 1/2/2015. (Attachments: # 1 Envelope)(vlkS, COURT STAFF) (Filed on 12/12/2014) (Entered: 12/12/2014)
2014-12-1212Declaration in Support of 11 MOTION For Costs of Suit filed bySusan Mae Polk. (Related document(s) 11 ) (vlkS, COURT STAFF) (Filed on 12/12/2014) (Entered: 12/12/2014)
2014-12-1713ORDER by Judge Hamilton denying 11 Motion for costs of suit (pjhlc1, COURT STAFF) (Filed on 12/17/2014) (Additional attachment(s) added on 12/18/2014: # 1 Certificate/Proof of Service) (nahS, COURT STAFF). (Entered: 12/17/2014)
2014-12-1914ANSWER to Complaint, filed by Federal Bureau of Investigation. (Attachments: # 1 Certificate/Proof of Service)(Tseng, Neill) (Filed on 12/19/2014) Modified on 12/22/2014 (jlmS, COURT STAFF). (Entered: 12/19/2014)
2014-12-2215ACKNOWLEDGEMENT OF SERVICE Executed as to Melinda Haag, U.S. Attorney's Office re 9 Summons Issued as to USA, 2 Motion to Seal Case, 8 Order on Motion for Leave to Proceed in forma pauperis, 1 Motion to Compel. Acknowledgement forwarded on 11/24/14, from USMS. Filed by Susan Mae Polk. (jlmS, COURT STAFF) (Filed on 12/22/2014) (Entered: 12/22/2014)
2014-12-2216ACKNOWLEDGEMENT OF SERVICE Executed as to Eric Holder, U.S. Attorney General, Department of Justice re 9 Summons Issued as to USA, , 2 Motion to Seal Case, 8 Order on Motion for Leave to Proceed in forma pauperis, 1 Motion to Compel. Acknowledgement Received on 12/01/14. Filed by Susan Mae Polk. (jlmS, COURT STAFF) (Filed on 12/22/2014) (Entered: 12/22/2014)
2014-12-2217SCHEDULING ORDER: Signed by Judge Hamilton on 12/22/2014. (pjhlc1, COURT STAFF) (Filed on 12/22/2014) (Additional attachment(s) added on 12/22/2014: # 1 Certificate/Proof of Service) (nahS, COURT STAFF). Modified on 12/23/2014 (jlmS, COURT STAFF). (Entered: 12/22/2014)
2014-12-22Set/Reset Deadlines: Motions due by 3/25/2015. Responses due by 4/15/2015. Replies due by 5/6/2015, per 17 Scheduling Order. (jlmS, COURT STAFF) (Filed on 12/22/2014) (Entered: 12/23/2014)
2015-02-0218ORDER by Judge Hamilton granting 2 Motion to Seal (pjhlc1, COURT STAFF) (Filed on 2/2/2015) (Additional attachment(s) added on 2/4/2015: # 1 Certificate/Proof of Service) (napS, COURT STAFF). (Entered: 02/02/2015)
2015-03-1619NOTICE of Substitution of Counsel by Jennifer S Wang (Attachments: # 1 Certificate/Proof of Service)(Wang, Jennifer) (Filed on 3/16/2015) (Entered: 03/16/2015)
2015-03-2520MOTION for Summary Judgment filed by Federal Bureau of Investigation. Responses due by 4/15/2015. Replies due by 5/6/2015. (Attachments: # 1 Declaration of David M. Hardy; Exhibits A - D, # Document filed under seal pursuant to 32 Order (2) Certificate/Proof of Service)(Wang, Jennifer) (Filed on 3/25/2015) Modified on 6/16/2015 (vlkS, COURT STAFF). (Entered: 03/25/2015)
2015-03-2621NOTICE. Signed by Judge Hamilton on 3/26/2015. (pjhlc1, COURT STAFF) (Filed on 3/26/2015) (Additional attachment(s) added on 3/26/2015: # 1 Certificate/Proof of Service) (nap, COURT STAFF). (Entered: 03/26/2015)
2015-03-2722MOTION for Extension of Time to File Motion For Summary Judgment filed by Susan Mae Polk. (vlkS, COURT STAFF) (Filed on 3/27/2015) (Entered: 03/31/2015)
2015-03-2723Declaration in Support of 22 MOTION for Extension of Time to File filed bySusan Mae Polk. (Related document(s) 22 ) (vlkS, COURT STAFF) (Filed on 3/27/2015) (Entered: 03/31/2015)
2015-04-0224ORDER by Judge Hamilton granting 22 Motion for Extension of Time to File (pjhlc1, COURT STAFF) (Filed on 4/2/2015) (Additional attachment(s) added on 4/2/2015: # 1 Certificate/Proof of Service) (vlkS, COURT STAFF). (Entered: 04/02/2015)
2015-04-2025NOTICE of Change of Address by Susan Mae Polk (Attachments: # 1 Envelope)(vlkS, COURT STAFF) (Filed on 4/20/2015) (Entered: 04/21/2015)
2015-05-1426MOTION for Extension of Time to File Opposition to Motion for Summary Judgment and Motion for Summary Judgment filed by Susan Mae Polk. (Attachments: # 1 Envelope)(vlkS, COURT STAFF) (Filed on 5/14/2015) (Entered: 05/15/2015)
2015-05-1827ORDER by Judge Hamilton granting 26 Motion for Extension of Time to File (pjhlc1, COURT STAFF) (Filed on 5/18/2015) (Additional attachment(s) added on 5/18/2015: # 1 Certificate/Proof of Service) (napS, COURT STAFF). (Entered: 05/18/2015)
2015-05-1828MOTION for Extension of Time to File filed by Susan Mae Polk. (Attachments: # 1 Envelope)(vlkS, COURT STAFF) (Filed on 5/18/2015) (Entered: 05/20/2015)
2015-05-2629MOTION for Summary Judgment and to Strike and Seal Privileged Confidential Material filed by Susan Mae Polk. Responses due by 6/9/2015. Replies due by 6/16/2015. (vlkS, COURT STAFF) (Filed on 5/26/2015) (Additional attachment(s) added on 5/27/2015: # 1 Envelope) (vlkS, COURT STAFF). (Entered: 05/27/2015)
2015-06-0130RESPONSE (re 29 MOTION for Summary Judgment ) Defendant's Opposition to Plaintiff's Motion to Strike and Seal; [Proposed] Order filed byFederal Bureau of Investigation. (Attachments: # 1 Certificate/Proof of Service)(Wang, Jennifer) (Filed on 6/1/2015) (Entered: 06/01/2015)
2015-06-1131Statement re 30 Opposition/Response to Motion, of Non-Opposition to Plaintiff's Request to Seal by Federal Bureau of Investigation. (Attachments: # 1 Certificate/Proof of Service)(Wang, Jennifer) (Filed on 6/11/2015) (Entered: 06/11/2015)
2015-06-1232ORDER Granting 29 Motion to File Under Seal; Denying Motion to Strike. Signed by Judge Hamilton on 6/12/2015. (pjhlc1, COURT STAFF) (Filed on 6/12/2015) (Additional attachment(s) added on 6/15/2015: # 1 Certificate/Proof of Service) (napS, COURT STAFF). (Entered: 06/12/2015)
2015-06-1633Declaration of David M. Hardy in Support re 20 MOTION for Summary Judgment with Redacted Exhibit D filed by Federal Bureau of Investigation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D (redacted))(Related document(s) 20 ) (Wang, Jennifer) (Filed on 6/16/2015) Modified on 6/17/2015 (vlkS, COURT STAFF). (Entered: 06/16/2015)
2015-06-1634CERTIFICATE OF SERVICE by Federal Bureau of Investigation re 33 Affidavit in Support of Motion, (Wang, Jennifer) (Filed on 6/16/2015) (Entered: 06/16/2015)
2015-06-2935REPLY (re 29 MOTION for Summary Judgment and Motion to Strike ) filed bySusan Mae Polk. (Attachments: # 1 Envelope)(vlkS, COURT STAFF) (Filed on 6/29/2015) (Entered: 06/30/2015)
2015-07-0236ORDER Denying 29 Plaintiff's Motion to Strike. Signed by Judge Hamilton on 7/2/2015. (pjhlc1, COURT STAFF) (Filed on 7/2/2015) (Additional attachment(s) added on 7/2/2015: # 1 Certificate/Proof of Service) (napS, COURT STAFF). (Entered: 07/02/2015)
2015-07-0737MOTION to Construe "Reply to Defendant's Opposition to Motion to Strike" as Motion for Reconsideration filed by Susan Mae Polk. Responses due by 7/21/2015. Replies due by 7/28/2015. (Attachments: # 1 Envelope)(vlkS, COURT STAFF) (Filed on 7/7/2015) (Entered: 07/08/2015)
2015-07-0938ORDER by Judge Hamilton denying 37 Motion (pjhlc1, COURT STAFF) (Filed on 7/9/2015) (Additional attachment(s) added on 7/9/2015: # 1 Certificate/Proof of Service) (napS, COURT STAFF). (Entered: 07/09/2015)
2015-08-2039MOTION to Extend Deadline and Amend Briefing Schedule filed by Susan Mae Polk. (Attachments: # 1 Envelope)(vlkS, COURT STAFF) (Filed on 8/20/2015) Modified on 8/21/2015 (vlkS, COURT STAFF). (Entered: 08/21/2015)
2015-08-2040Declaration in Support of 39 MOTION to Extend Deadline and Amend Briefing Schedule filed bySusan Mae Polk. (Related document(s) 39 ) (vlkS, COURT STAFF) (Filed on 8/20/2015) (Entered: 08/21/2015)
2015-08-2041MOTION to Strike 33 Declaration of David Hardy and Objections to FBI's Evasion of Page Length Limitation filed by Susan Mae Polk. Responses due by 9/3/2015. Replies due by 9/10/2015. (vlkS, COURT STAFF) (Filed on 8/20/2015) (Entered: 08/21/2015)
2015-08-2042Declaration in Support of 41 MOTION to Strike filed by Susan Mae Polk. (Related document(s) 41 ) (vlkS, COURT STAFF) (Filed on 8/20/2015) (Entered: 08/21/2015)
2015-08-2443RESPONSE (re 29 MOTION for Summary Judgment ) Federal Defendant's Opposition to Plaintiff's Motion for Summary Judgment filed byFederal Bureau of Investigation. (Attachments: # 1 Declaration, # 2 Certificate/Proof of Service)(Wang, Jennifer) (Filed on 8/24/2015) (Entered: 08/24/2015)
2015-08-2844MOTION to Exceed Page Length Limit For Opposition filed by Susan Mae Polk. Responses due by 9/11/2015. Replies due by 9/18/2015. (Attachments: # 1 Envelope)(vlkS, COURT STAFF) (Filed on 8/28/2015) (Entered: 09/01/2015)
2015-08-2845RESPONSE (re 20 MOTION for Summary Judgment ) filed bySusan Mae Polk. (vlkS, COURT STAFF) (Filed on 8/28/2015) (Entered: 09/01/2015)
2015-08-2846Declaration in Support of 45 Opposition/Response to Motion filed bySusan Mae Polk. (Related document(s) 45 ) (vlkS, COURT STAFF) (Filed on 8/28/2015) (Entered: 09/01/2015)
2015-09-0247RESPONSE (re 41 MOTION to Strike 33 Affidavit in Support of Motion, ) Federal Defendant's Opposition to Plaintiff's Motion to Strike Hardy's Declaration Pursuant to Civil Local Rule 7-5(b); Objections to FBI's Evasion of Page Length Limition & Hardy's Irrelevant Declaration; [Proposed] Order filed byFederal Bureau of Investigation. (Attachments: # 1 Certificate/Proof of Service)(Wang, Jennifer) (Filed on 9/2/2015) (Entered: 09/02/2015)
2015-09-0848ORDER by Judge Hamilton granting in part and denying in part 39 Motion for Extension of Time to File (pjhlc1, COURT STAFF) (Filed on 9/8/2015) (Additional attachment(s) added on 9/8/2015: # 1 Certificate/Proof of Service) (napS, COURT STAFF). (Entered: 09/08/2015)
2015-09-1849REPLY (re 41 MOTION to Strike 33 Affidavit in Support of Motion, ) filed by Susan Mae Polk. (Attachments: # 1 Envelope)(vlkS, COURT STAFF) (Filed on 9/18/2015) (Entered: 09/22/2015)
2015-09-2450MOTION to Exceed page Limitation in Plaintiff's Reply and Objections to FBI'S Opposition to her Motion to Strike Hardy Declaration filed by Susan Mae Polk. (Attachments: # 1 Envelope)(vlkS, COURT STAFF) (Filed on 9/24/2015) (Entered: 09/24/2015)
2015-09-2451Declaration in Support of 50 MOTION for Leave to File Excess Pages filed by Susan Mae Polk. (Related document(s) 50 ) (vlkS, COURT STAFF) (Filed on 9/24/2015) (Entered: 09/24/2015)
2015-09-2552Request to Exceed page Limitation in Plaintiff's Reply and Objections to FBI'S Opposition to her Motion to Strike Hardy Declaration filed by Susan Mae Polk. (vlkS, COURT STAFF) (Filed on 9/25/2015) (Entered: 09/29/2015)
2015-09-2553Declaration in Support of 52 Request for Leave to File Excess Pages filed bySusan Mae Polk. (Related document(s) 52 ) (vlkS, COURT STAFF) (Filed on 9/25/2015) (Entered: 09/29/2015)
2015-09-2554Letter From Susan Polk dated 9/16/2015 re Request to Exceed Page Limitation. (vlkS, COURT STAFF) (Filed on 9/25/2015) (Entered: 09/29/2015)
2015-09-2555REPLY (re 41 MOTION to Strike 33 Affidavit in Support of Motion, ) filed bySusan Mae Polk. (vlkS, COURT STAFF) (Filed on 9/25/2015) (Entered: 09/29/2015)
2015-09-2556Letter from Susan Polk dated 9/20/2015 re Amended Reply. (vlkS, COURT STAFF) (Filed on 9/25/2015) (Entered: 09/29/2015)
2015-10-0557REPLY (re 29 MOTION for Summary Judgment ) filed bySusan Mae Polk. (vlkS, COURT STAFF) (Filed on 10/5/2015) (Entered: 10/06/2015)
2015-10-0558Declaration Attesting To Compliance with Page Limitation filed bySusan Mae Polk. (vlkS, COURT STAFF) (Filed on 10/5/2015) (Entered: 10/06/2015)
2015-10-0559AMENDED REPLY (re 29 MOTION for Summary Judgment ) filed bySusan Mae Polk. (vlkS, COURT STAFF) (Filed on 10/5/2015) (Entered: 10/06/2015)
2015-10-0660MOTION to Strike 43 Opposition/Response to Motion, filed by Susan Mae Polk. Responses due by 11/3/2015. Replies due by 11/17/2015. (Attachments: # 1 Envelope Front, # 2 Back)(jlmS, COURT STAFF) (Filed on 10/6/2015) (Entered: 10/07/2015)
2015-10-0661Declaration of Susan Mae Polk in Support of 60 MOTION to Strike 43 Opposition/Response to Motion, filed by Susan Mae Polk. (Related document(s) 60 ) (jlmS, COURT STAFF) (Filed on 10/6/2015) (Entered: 10/07/2015)
2015-10-0662OBJECTIONS to Supplemental Declaration of David M. Hardy re 43 Opposition/Response to Motion, filed by Susan Mae Polk. (jlmS, COURT STAFF) (Filed on 10/6/2015) (Entered: 10/07/2015)
2015-10-0663Declaration of Susan Mae Polk in Support of 62 Objection, filed by Susan Mae Polk. (Related document(s) 62 ) (jlmS, COURT STAFF) (Filed on 10/6/2015) (Entered: 10/07/2015)
2015-10-0764REPLY (re 20 MOTION for Summary Judgment ) Federal Defendant's Reply in Support of Federal Defendant's Motion for Summary Judgment filed byFederal Bureau of Investigation. (Attachments: # 1 Proposed Order)(Wang, Jennifer) (Filed on 10/7/2015) (Entered: 10/07/2015)
2015-10-0865CERTIFICATE OF SERVICE by Federal Bureau of Investigation re 64 Reply to Opposition/Response, (Wang, Jennifer) (Filed on 10/8/2015) (Entered: 10/08/2015)
2015-10-2166RESPONSE (re 60 MOTION to Strike 43 Opposition/Response to Motion, ) Federal Defendant's Opposition to Plaintiff's Motion to Strike FBI's Opposition to Plaintiff's Motion for Summary Judgment and Plaintiff's Motion to Strike Supplemental Declaration of David M. Hardy filed byFederal Bureau of Investigation. (Attachments: # 1 Certificate/Proof of Service)(Wang, Jennifer) (Filed on 10/21/2015) (Entered: 10/21/2015)
2015-11-2467OBJECTIONS to re 64 Reply to Opposition by Susan Mae Polk. (Attachments: # 1 Envelope)(vlkS, COURT STAFF) (Filed on 11/24/2015) (Entered: 11/24/2015)
2015-11-2768REPLY (re 60 MOTION to Strike 43 Opposition/Response to Motion, ) filed by Susan Mae Polk. (vlkS, COURT STAFF) (Filed on 11/27/2015) (Additional attachment(s) added on 12/2/2015: # 1 Envelope) (vlkS, COURT STAFF). (Entered: 12/02/2015)
2016-01-0769ORDER by Judge Hamilton granting 20 Defendant's Motion for Summary Judgment; denying 29 Plaintiff's Motion for Summary Judgment; denying 41 Motion to Strike Hardy Declaration; denying 60 Motion to Strike Defendant's Opposition; denying 62 Motion to Strike Supplemental Hardy Declaration; terminating 44 , 50 , 52 Motions for Leave to File Excess Pages. (pjhlc1, COURT STAFF) (Filed on 1/7/2016) (Additional attachment(s) added on 1/7/2016: # 1 Certificate/Proof of Service) (jebS, COURT STAFF). (Entered: 01/07/2016)
2016-01-0770JUDGMENT. Signed by Judge Hamilton on 1/7/2016. (pjhlc1, COURT STAFF) (Filed on 1/7/2016) (Additional attachment(s) added on 1/7/2016: # 1 Certificate/Proof of Service) (jebS, COURT STAFF). (Entered: 01/07/2016)
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