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Case TitleStein v. United States Department of Commerce
DistrictNorthern District of California
CitySan Francisco
Case Number3:2015cv03510
Date Filed2015-07-30
Date Closed2016-07-25
JudgeHon. Jon S. Tigar
PlaintiffAlan Stein
Case DescriptionAlan Stein, a commercial fisherman and activist from Alaska, submitted a number of FOIA requests primarily to the National Oceanic and Atmospheric Administration, but also to the Office of Inspector General at the Department of Commerce. Many of the requests asked for records concerning illegal conduct engaged in by Arne Fuglvog, a former staffer for Sen. Lisa Murkowski. NOAA denied the request entirely on the basis of Exemption 7(A) (ongoing investigation or proceeding). The agency provided a large number of records with redactions for some of the requests while others had not been responded to substantively before Stein filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Commerce
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [11]
Opinion/Order [19]
Opinion/Order [21]
Opinion/Order [25]
Opinion/Order [30]
Opinion/Order [32]
Opinion/Order [36]
Opinion/Order [38]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-07-301COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against United States Department of Commerce, (Filing Fee: $400.00, receipt number 0971-9720403). Filed by Alan Stein. (Attachments: # 1 Certification of no Interested Entities or Persons, # 2 Civil Cover Sheet)(Doughty, Rachel) (Filed on 7/30/2015) Modified on 8/3/2015 (msr, COURT STAFF). (Entered: 07/30/2015)
2015-07-302Proposed Summons. (Doughty, Rachel) (Filed on 7/30/2015) (Entered: 07/30/2015)
2015-07-303Proposed Summons. (Doughty, Rachel) (Filed on 7/30/2015) (Entered: 07/30/2015)
2015-07-304MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $305.00, receipt number 0971-9720989.) filed by Alan Stein. (Attachments: #(1) Exhibit Certificate of Good Standing from Oregon Supreme Court)(Bahr, David) (Filed on 7/30/2015) (Entered: 07/30/2015)
2015-07-305Case assigned to Magistrate Judge Nandor J. Vadas. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (sv, COURT STAFF) (Filed on 7/30/2015) (Entered: 07/30/2015)
2015-07-316Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/27/2015. Case Management Conference set for 11/3/2015 02:00 PM in Eureka. (Attachments: # 1 Standing Order For Judge Vadas, # 2 Standing Order For All Judges)(msr, COURT STAFF) (Filed on 7/31/2015) (Entered: 07/31/2015)
2015-07-317Summons Issued as to Department of Commerce. (msr, COURT STAFF) (Filed on 7/31/2015) (Entered: 07/31/2015)
2015-08-038AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against United States Department of Commerce. Filed by Alan Stein. (Doughty, Rachel) (Filed on 8/3/2015) (Entered: 08/03/2015)
2015-08-039CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Alan Stein.. (Doughty, Rachel) (Filed on 8/3/2015) (Entered: 08/03/2015)
2015-08-0410CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (glm, COURT STAFF) (Filed on 8/4/2015) (Entered: 08/04/2015)
2015-08-0511ORDER, Case reassigned to J Hon. Jon S. Tigar. Magistrate Judge Nandor J. Vadas no longer assigned to the case.. Signed by Executive Committee on 8/5/15. (ha, COURT STAFF) (Filed on 8/5/2015) (Entered: 08/05/2015)
2015-08-0512ORDER by Judge Jon S. Tigar granting 4 Motion for Pro Hac Vice. (wsn, COURT STAFF) (Filed on 8/5/2015) (Entered: 08/05/2015)
2015-08-0513CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 10/27/2015. Initial Case Management Conference set for 11/10/2015 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. (Attachments: # 1 Standing Order, # 2 Standing Order for All Judges of the Northern District) (wsn, COURT STAFF) (Filed on 8/5/2015) (Entered: 08/05/2015)
2015-08-1214CERTIFICATE OF SERVICE filed by Alan Stein (Doughty, Rachel) (Filed on 8/12/2015) (Entered: 08/12/2015)
2015-08-1215CERTIFICATE OF SERVICE filed by Alan Stein (Doughty, Rachel) (Filed on 8/12/2015) (Entered: 08/12/2015)
2015-09-0216STIPULATION Re Extension of Time To Respond to Plaintiff's Complaint filed by United States Department of Commerce. (Falk, Rebecca) (Filed on 9/2/2015) (Entered: 09/02/2015)
2015-09-0917CERTIFICATE OF SERVICE by Alan Stein; - Amended Proof of Service (Doughty, Rachel) (Filed on 9/9/2015) (Entered: 09/09/2015)
2015-09-3018JOINT STIPULATION WITH [PROPOSED] ORDER TO STAY PROCEEDINGS filed by United States Department of Commerce. (Falk, Rebecca) (Filed on 9/30/2015) (Entered: 09/30/2015)
2015-10-0119STIPULATION AND ORDER re 18 STIPULATION WITH PROPOSED ORDER TO STAY PROCEEDINGS filed by United States Department of Commerce. Case Management Statement due by 12/2/2015. Initial Case Management Conference set for 12/16/2015 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on October 1, 2015. (wsn, COURT STAFF) (Filed on 10/1/2015) (Entered: 10/02/2015)
2015-12-0120JOINT INITIAL CASE MANAGEMENT STATEMENT and [Proposed] Order to Continue Case Management Conference filed by United States Department of Commerce. (Falk, Rebecca) (Filed on 12/1/2015) (Entered: 12/01/2015)
2015-12-0121ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE. Initial Case Management Conference set for 2/10/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on December 1, 2015. (wsn, COURT STAFF) (Filed on 12/1/2015) (Entered: 12/02/2015)
2016-02-0322CASE MANAGEMENT STATEMENT and [Proposed] Order to Continue Case Management Conference filed by United States Department of Commerce. (Falk, Rebecca) (Filed on 2/3/2016) (Entered: 02/03/2016)
2016-02-0923JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE - CORRECTED SUBMISSION filed by United States Department of Commerce. (Falk, Rebecca) (Filed on 2/9/2016) (Entered: 02/09/2016)
2016-02-0924CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. The Initial Case Management Conference previously set for 2/10/2016 is continued to 4/20/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wsn, COURT STAFF) (Filed on 2/9/2016) (Entered: 02/09/2016)
2016-02-1025SCHEDULING ORDER. Deadline to add parties or amend the pleadings 2/19/2016. Deadline to file dispositive motions 5/27/2016. Pretrial conference statement due 8/9/2016. Final Pretrial Conference set for 8/19/2016 at 2:00 PM in Courtroom 2, 4th Floor, Oakland. Jury Trial set for 9/12/2016 at 8:30 AM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Signed by Judge Jon S. Tigar on February 10, 2016. (wsn, COURT STAFF) (Filed on 2/10/2016) (Entered: 02/10/2016)
2016-02-2626ANSWER to Amended Complaint for Declaratory & Injunctive Relief filed by United States Department of Commerce. (Falk, Rebecca) (Filed on 2/26/2016) (Entered: 02/26/2016)
2016-04-1327Unopposed MOTION to Appear by Telephone and [Proposed] Order filed by Alan Stein. (Bahr, David) (Filed on 4/13/2016) (Entered: 04/13/2016)
2016-04-1328JOINT SUPPLEMENTAL CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER TO ESTABLISH CASE SCHEDULE filed by United States Department of Commerce. (Falk, Rebecca) (Filed on 4/13/2016) (Entered: 04/13/2016)
2016-04-1329ORDER APPROVING REQUEST TO APPEAR BY TELEPHONE by Judge Jon S. Tigar; granting 27 Motion to Appear by Telephone. (wsn, COURT STAFF) (Filed on 4/13/2016) (Entered: 04/14/2016)
2016-04-1930SCHEDULING ORDER. The Case Management Conference scheduled for April 20, 2016, is vacated. Signed by Judge Jon S. Tigar on April 19, 2016. (wsn, COURT STAFF) (Filed on 4/19/2016) (Entered: 04/19/2016)
2016-06-0331STIPULATION WITH [PROPOSED] ORDER TO VACATE BRIEFING SCHEDULE AND STAY PROCEEDINGS TO ALLOW TIME TO NEGOTIATE RESOLUTION OF PLAINTIFFs REQUEST FOR ATTORNEYS FEES AND COSTS filed by United States Department of Commerce. (Falk, Rebecca) (Filed on 6/3/2016) (Entered: 06/03/2016)
2016-06-0732STIPULATION AND ORDER re 31 STIPULATION WITH PROPOSED ORDER TO VACATE BRIEFING SCHEDULE AND STAY PROCEEDINGS TO ALLOW TIME TO NEGOTIATE RESOLUTION OF PLAINTIFF'S REQUEST FOR ATTORNEYS FEES AND COSTS filed by United States Department of Commerce. Further Case Management Conference set for 7/20/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on June 7, 2016. (wsn, COURT STAFF) (Filed on 6/7/2016) (Entered: 06/08/2016)
2016-06-0933MOTION to Appear by Telephone at Case Management Conference filed by Alan Stein. (Attachments: # 1 Proposed Order Granting Unopposed Motion to Appear at CMC by Telephone)(Bahr, David) (Filed on 6/9/2016) (Entered: 06/09/2016)
2016-06-1534Order by Hon. Jon S. Tigar denying 33 Motion to Appear by Telephone. Plaintiff's motion to appear by telephone at the July 20, 2016 Case Management Conference is denied without prejudice. Plaintiff may file a renewed motion if, and when, a case management statement is filed. (jstlc2S, COURT STAFF) (Filed on 6/15/2016) This is a text-only order; there is no document associated with this entry (Entered: 06/15/2016)
2016-07-0135STIPULATION WITH PROPOSED ORDER TO CONTINUE CMC filed by United States Department of Commerce. (Falk, Rebecca) (Filed on 7/1/2016) (Entered: 07/01/2016)
2016-07-0536STIPULATION AND ORDER re 35 STIPULATION WITH PROPOSED ORDER TO CONTINUE CMC filed by United States Department of Commerce. Case Management Statement due by 8/24/2016. Further Case Management Conference set for 8/31/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on July 5, 2016. (wsn, COURT STAFF) (Filed on 7/5/2016) (Entered: 07/06/2016)
2016-07-2237STIPULATION RE SETTLEMENT AND DISMISSAL WITH PREJUDICE filed by United States Department of Commerce. (Falk, Rebecca) (Filed on 7/22/2016) (Entered: 07/22/2016)
2016-07-2538MINUTE ORDER NOTING DISMISSAL re 37 Stipulation RE SETTLEMENT AND DISMISSAL WITH PREJUDICE filed by United States Department of Commerce. Signed by Judge Jon S. Tigar on July 25, 2016. (wsn, COURT STAFF) (Filed on 7/25/2016) (Entered: 07/25/2016)
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by FOIA Project Staff
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