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Case TitleCarlson v. United States Postal Service
DistrictNorthern District of California
CitySan Francisco
Case Number3:2015cv06055
Date Filed2015-12-24
Date Closed2017-08-21
JudgeMagistrate Judge Joseph C. Spero
PlaintiffDouglas F. Carlson
Case DescriptionDouglas Carlson submitted three FOIA requests to the U.S. Postal Service. The agency failed to respond to the first two requests and Carlson filed an administrative appeal. In response to his third request, the agency refused to grant him two hours of free search time, which he appealed. After hearing nothing further from the agency, Carlson filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUnited States Postal Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [8]
Opinion/Order [39]
Opinion/Order [72]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-12-241COMPLAINT for Order to Produce Records and for Injunctive Relief against United States Postal Service (Filing fee $ 400.00., Receipt Number 34611111661). Filed by Douglas F. Carlson. by 1/7/2016. (gbaS, COURT STAFF) (Filed on 12/24/2015) (Additional attachment(s) added on 12/28/2015: # 1 Civil Cover Sheet, # 2 Filing Fee Receipt) (gbaS, COURT STAFF). (Entered: 12/27/2015)
2015-12-242Summons Issued as to United States Postal Service and U.S. Attorney General (gbaS, COURT STAFF) (Filed on 12/24/2015) (gbaS, COURT STAFF). (Entered: 12/27/2015)
2015-12-243Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/18/2016. Case Management Conference set for 3/25/2016 02:00 PM in Courtroom G, 15th Floor, San Francisco. (Attachments: # 1 Standing Order) (gbaS, COURT STAFF) (Filed on 12/24/2015) (Entered: 12/27/2015)
2016-01-054SUMMONS Returned Executed by Douglas F. Carlson. United States Postal Service served on 12/30/2015, answer due 2/29/2016. (gbaS, COURT STAFF) (Filed on 1/5/2016) (Entered: 01/05/2016)
2016-01-075CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Douglas F. Carlson.. (Attachments: # 1 Envelope) (gbaS, COURT STAFF) (Filed on 1/7/2016) (Entered: 01/07/2016)
2016-01-266STIPULATION extending time for defendant to respond to complaint filed by United States Postal Service. (Cormier, Claire) (Filed on 1/26/2016) (Entered: 01/26/2016)
2016-01-277CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge by 2/10/2016. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) by 2/10/2016. (klhS, COURT STAFF) (Filed on 1/27/2016) (Entered: 01/27/2016)
2016-01-278ORDER GRANTING re 6 Stipulation Extending Time to Respond to Complaint filed by United States Postal Service. Signed by Chief Magistrate Judge Joseph C. Spero on 1/29/16. (klhS, COURT STAFF) (Filed on 1/27/2016) (Additional attachment(s) added on 1/27/2016: # 1 Certificate/Proof of Service) (klhS, COURT STAFF). (Entered: 01/27/2016)
2016-02-029ANSWER to Complaint byUnited States Postal Service. (Cormier, Claire) (Filed on 2/2/2016) (Entered: 02/02/2016)
2016-02-0510CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 3/25/2016. Case Management Conference previously set for 3/25/16 at 2:00 PM has been re-set for 4/1/2016 at 02:00 PM in Courtroom G, 15th Floor, San Francisco before Chief Magistrate Judge Joseph C. Spero. (klhS, COURT STAFF) (Filed on 2/5/2016) (Entered: 02/05/2016)
2016-02-1011CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Postal Service.. (Cormier, Claire) (Filed on 2/10/2016) (Entered: 02/10/2016)
2016-03-0312NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Cormier, Claire) (Filed on 3/3/2016) (Entered: 03/03/2016)
2016-03-2413JOINT CASE MANAGEMENT STATEMENT filed by United States Postal Service. (Cormier, Claire) (Filed on 3/24/2016) (Entered: 03/24/2016)
2016-04-0414Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Initial Case Management Conference held on 4/1/2016. Case Management Statement due by 6/17/2016. Further Case Management Conference set for 6/24/2016 02:00 PM in Courtroom G, 15th Floor, San Francisco.FTR Time 2:03-2:07. (klhS, COURT STAFF) (Date Filed: 4/4/2016) (Entered: 04/04/2016)
2016-04-0615CASE MANAGEMENT SCHEDULING ORDER: Case Management Statement due by 6/17/2016. Further Case Management Conference set for 6/24/2016 02:00 PM in Courtroom G, 15th Floor, San Francisco. Signed by Chief Judge Joseph C. Spero on 4/6/16. (klhS, COURT STAFF) (Filed on 4/6/2016) (Entered: 04/06/2016)
2016-04-0816NOTICE by United States Postal Service Notice of Unavailability (Cormier, Claire) (Filed on 4/8/2016) (Entered: 04/08/2016)
2016-06-1717JOINT CASE MANAGEMENT STATEMENT (Further) filed by United States Postal Service. (Cormier, Claire) (Filed on 6/17/2016) (Entered: 06/17/2016)
2016-06-2418Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Further Case Management Conference held on 6/24/2016. Case referred to Magistrate Judge Kandis Westmore for a settlement conference. Case Management Statement due by 9/16/2016. Further Case Management Conference set for 9/23/2016 02:00 PM in Courtroom G, 15th Floor, San Francisco.FTR Time FTR 2:14-2:26. (klhS, COURT STAFF) (Date Filed: 6/24/2016) (Entered: 06/27/2016)
2016-06-28CASE REFERRED to Magistrate Judge Kandis A. Westmore for Settlement (ahm, COURT STAFF) (Filed on 6/28/2016) (Entered: 06/28/2016)
2016-06-3019Notice of Settlement Conference and Settlement Conference Order before Magistrate Judge Kandis A. Westmore. Settlement Conference set for 9/26/2016 10:00 AM. Signed by Magistrate Judge Kandis A. Westmore on 6/30/16. (Attachments: # 1 Certificate/Proof of Service)(sisS, COURT STAFF) (Filed on 6/30/2016) (Entered: 06/30/2016)
2016-07-1220CASE MANAGEMENT AND PRETRIAL ORDER: Case Management Statement due by 9/16/2016. Further Case Management Conference set for 9/23/2016 02:00 PM in Courtroom G, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 7/12/16. (klhS, COURT STAFF) (Filed on 7/12/2016) (Entered: 07/12/2016)
2016-08-2521STIPULATION WITH PROPOSED ORDER continuing case management conference filed by United States Postal Service. (Cormier, Claire) (Filed on 8/25/2016) (Entered: 08/25/2016)
2016-08-2622Order, signed 8/26/16, by Chief Magistrate Judge Joseph C. Spero granting 21 Stipulation to Continue Case Management Conference. (Attachments: # 1 Certificate/Proof of Service)(klhS, COURT STAFF) (Filed on 8/26/2016) (Entered: 08/26/2016)
2016-08-26Set Deadlines/Hearings: Case Management Statement due by 10/28/2016. Further Case Management Conference set for 11/4/2016 02:00 PM in Courtroom G, 15th Floor, San Francisco. (klhS, COURT STAFF) (Filed on 8/26/2016) (Entered: 08/26/2016)
2016-09-2123CLERK'S NOTICE RESETTING SETTLEMENT CONFERENCE. Settlement Conference set for 10/3/2016 11:00 AM in Courtroom 4, 3rd Floor, Oakland. (Attachments: # 1 Certificate/Proof of Service) (sisS, COURT STAFF) (Filed on 9/21/2016) (Entered: 09/21/2016)
2016-09-2124CLERK'S SECOND NOTICE RESETTING SETTLEMENT CONFERENCE Settlement Conference set for 11/28/2016 10:00 AM, before Magistrate Judge Westmore. (Attachments: # 1 Certificate/Proof of Service) (sisS, COURT STAFF) (Filed on 9/21/2016) (Entered: 09/21/2016)
2016-10-1925STIPULATION WITH PROPOSED ORDER continuing case management conference filed by United States Postal Service. (Cormier, Claire) (Filed on 10/19/2016) (Entered: 10/19/2016)
2016-10-1926Order, signed 10/19/16, by Chief Magistrate Judge Joseph C. Spero granting 25 Stipulation Continuing Case Management Conference. Case Management Conference continued to 12/2/16 at 2:00 PM. (Attachments: # 1 Certificate/Proof of Service)(klhS, COURT STAFF) (Filed on 10/19/2016) (Entered: 10/19/2016)
2016-10-19Set Deadlines/Hearings: Further Case Management Conference set for 12/2/2016 02:00 PM in Courtroom G, 15th Floor, San Francisco before Chief Magistrate Judge Joseph C. Spero. (klhS, COURT STAFF) (Filed on 10/19/2016) (Entered: 10/19/2016)
2016-11-1627ORDER requiring the parties to submit confidential letters regarding settlement positions by 11/22/16. Signed by Judge Kandis A. Westmore on 11/16/2016. (kawlc1, COURT STAFF) (Filed on 11/16/2016) (Additional attachment(s) added on 11/16/2016: # 1 Certificate/Proof of Service) (sisS, COURT STAFF). (Entered: 11/16/2016)
2016-11-2128CASE MANAGEMENT STATEMENT filed by United States Postal Service. (Attachments: # 1 Declaration of Sara Snyder)(Cormier, Claire) (Filed on 11/21/2016) (Entered: 11/21/2016)
2016-11-2129JOINT CASE MANAGEMENT STATEMENT filed by United States Postal Service. (Attachments: # 1 Declaration of Sara Snyder)(Cormier, Claire) (Filed on 11/21/2016) (Entered: 11/21/2016)
2016-11-2330CLERK'S NOTICE- Settlement conference will be held in Courtroom 5 on the 2nd floor. (This is a text only docket entry, there is no document associated with this notice.) (sisS, COURT STAFF) (Filed on 11/23/2016) (Entered: 11/23/2016)
2016-11-2831Minute Entry for proceedings held before Magistrate Judge Kandis A. Westmore: Case did not settle.Settlement Conference held on 11/28/2016.Total Time in Court 3 hours, 26 minutes. Court Reporter Name Not reported. (sisS, COURT STAFF) (Date Filed: 11/28/2016) (Entered: 11/29/2016)
2016-12-0532Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Further Case Management Conference held on 12/2/2016. Responses due by 3/10/2017. Replies due by 3/24/2017. Motion Hearing set for 5/5/2017 02:00 PM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero. Motions due by 2/17/2017. Further Case Management Conference set for 5/5/2017 02:00 PM in Courtroom G, 15th Floor, San Francisco.FTR Time FTR 2:38-2:50. (klhS, COURT STAFF) (Date Filed: 12/5/2016) (Entered: 12/05/2016)
2016-12-0833FURTHER CASE MANAGEMENT AND PRETRIAL ORDER: Responses due by 3/10/2017. Replies due by 3/24/2017. Motion Hearing set for 5/5/2017 02:00 PM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero. Motions due by 2/17/2017. Further Case Management Conference set for 5/5/2017 02:00 PM. Signed by Chief Magistrate Judge Joseph C. Spero on 12/8/16. (klhS, COURT STAFF) (Filed on 12/8/2016) (Entered: 12/08/2016)
2016-12-2234MOTION to Vacate 32 Case Management Conference - Further,,, Set Motion and Deadlines/Hearings,,, Set Deadlines/Hearings,, (Motion to Vacate or Limit Civil Minute Order Re Contacting Plaintiff) filed by United States Postal Service. Motion Hearing set for 2/3/2017 09:30 AM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero. Responses due by 1/5/2017. Replies due by 1/12/2017. (Attachments: # 1 Declaration of Claire T. Cormier)(Cormier, Claire) (Filed on 12/22/2016) (Entered: 12/22/2016)
2017-01-0535OPPOSITION (re 34 MOTION to Vacate 32 Case Management Conference - Further (Motion to Vacate or Limit Civil Minute Order Re Contacting Plaintiff)) filed by Douglas F. Carlson. (gbaS, COURT STAFF) (Filed on 1/5/2017) (Entered: 01/05/2017)
2017-01-0536Declaration of Douglas F. Carlson in Support of 35 Opposition/Response to Motion filed by Douglas F. Carlson. (Related document(s) 35 ) (gbaS, COURT STAFF) (Filed on 1/5/2017) (Entered: 01/05/2017)
2017-01-1237REPLY (re 34 MOTION to Vacate 32 Case Management Conference - Further,,, Set Motion and Deadlines/Hearings,,, Set Deadlines/Hearings,, (Motion to Vacate or Limit Civil Minute Order Re Contacting Plaintiff) ) filed byUnited States Postal Service. (Cormier, Claire) (Filed on 1/12/2017) (Entered: 01/12/2017)
2017-01-3038CLERK'S NOTICE VACATING HEARING DATE. Pursuant to Civil Local Rule 7-1(b), the Court finds that Defendant's Motion to Vacate or Limit Civil Minute Order Re Contacting Plaintiff, currently set for hearing on February 3, 2017, at 9:30 A.M. is appropriate for decision without oral argument.Accordingly, the hearing date is hereby VACATED. The motion will be taken under submission and decided on the papers. (klhS, COURT STAFF) (Filed on 1/30/2017) (Entered: 01/30/2017)
2017-02-0139ORDER by Judge Joseph C. Spero granting in part 34 Motion to Vacate (jcslc1S, COURT STAFF) (Filed on 2/1/2017) (Additional attachment(s) added on 2/1/2017: # 1 Certificate/Proof of Service) (klhS, COURT STAFF). (Entered: 02/01/2017)
2017-02-1740MOTION for Summary Judgment filed by United States Postal Service. Motion Hearing set for 5/5/2017 02:00 PM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero. Responses due by 3/10/2017. Replies due by 3/24/2017. (Attachments: # 1 Declaration of Janine Castorina, # 2 Declaration of Matthew Connolly, # 3 Declaration of Claire T. Cormier, # 4 Declaration of Lawrence C. Dukes, Jr., # 5 Declaration of Steven Mitcham, # 6 Declaration of Sheela A. Portonovo, # 7 Declaration of Sara Snyder, # 8 Declaration of Richard Williams)(Cormier, Claire) (Filed on 2/17/2017) (Entered: 02/17/2017)
2017-02-1741MOTION for Summary Judgment with Memorandum of Points and Authorities in Support filed by Douglas F. Carlson. Motion Hearing set for 5/5/2017 02:00 PM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero. Responses due by 3/3/2017. Replies due by 3/10/2017. (Attachments: # 1 Envelope) (gbaS, COURT STAFF) (Filed on 2/17/2017) (Entered: 02/17/2017)
2017-02-1742Declaration of Douglas F. Carlson in Support of 41 MOTION for Summary Judgment filed by Douglas F. Carlson. (Attachments: # 1 Envelope) (Related document(s) 41 ) (gbaS, COURT STAFF) (Filed on 2/17/2017) (Entered: 02/17/2017)
2017-03-1043OPPOSITION/RESPONSE (re 41 MOTION for Summary Judgment ) filed byUnited States Postal Service. (Attachments: # 1 Declaration of Janine Castorina (Supplemental), # 2 Declaration of Lawrence C. Dukes, Jr. (Supplemental), # 3 Declaration of Debbie Judy, # 4 Declaration of Claire T. Cormier (Supplemental), # 5 Declaration of Kelly Scott, # 6 Declaration of Ferdinand Sutanto, # 7 Declaration of Ed Wohlganger)(Cormier, Claire) (Filed on 3/10/2017) (Entered: 03/10/2017)
2017-03-1344OPPOSITION to ( 40 MOTION for Summary Judgment) filed by Douglas F. Carlson. (Attachments: # 1 Envelope) (gbaS, COURT STAFF) (Filed on 3/13/2017) (Entered: 03/13/2017)
2017-03-1345SECOND Declaration of Douglas F. Carlson in Support of 44 Opposition to defendant's Motion filed by Douglas F. Carlson. (Attachments: # 1 Envelope) (Related document(s) 44 ) (gbaS, COURT STAFF) (Filed on 3/13/2017) (Entered: 03/13/2017)
2017-03-1346Declaration of Kelvin Kindahl in support of 44 Opposition to defendant's Motion filed by Douglas F. Carlson. (gbaS, COURT STAFF) (Filed on 3/13/2017) Modified on 3/17/2017 (gbaS, COURT STAFF). (Entered: 03/13/2017)
2017-03-1347Declaration of Steven J. Bahnsen in support of 44 Opposition to defendant's Motion filed by Douglas F. Carlson. (gbaS, COURT STAFF) (Filed on 3/13/2017) Modified on 3/17/2017 (gbaS, COURT STAFF). (Entered: 03/13/2017)
2017-03-1348Declaration of Evan Kalish in support of 44 Opposition to defendant's Motion filed by Douglas F. Carlson. (gbaS, COURT STAFF) (Filed on 3/13/2017) Modified on 3/17/2017 (gbaS, COURT STAFF). (Entered: 03/13/2017)
2017-03-1349Declaration of David B. Popkin in support of 44 Opposition to defendant's Motion filed by Douglas F. Carlson. (gbaS, COURT STAFF) (Filed on 3/13/2017) Modified on 3/17/2017 (gbaS, COURT STAFF). (Entered: 03/13/2017)
2017-03-2450REPLY (re 40 MOTION for Summary Judgment ) filed byUnited States Postal Service. (Attachments: # 1 Declaration of Richard F. Sheehan, II, # 2 Declaration Second Supplemental Declaration of Claire T. Cormier, # 3 Declaration Supplemental Declaration of Matthew J. Connolly)(Cormier, Claire) (Filed on 3/24/2017) (Entered: 03/24/2017)
2017-03-2452REPLY (re 41 MOTION for Summary Judgment) filed by Douglas F. Carlson. (gbaS, COURT STAFF) (Filed on 3/24/2017) (Entered: 03/29/2017)
2017-03-2453Declaration of Robert F. Delaney in Support of 52 Reply to Opposition/Response filed by Douglas F. Carlson. (Related document(s) 52 ) (gbaS, COURT STAFF) (Filed on 3/24/2017) (Entered: 03/29/2017)
2017-03-2454THIRD Declaration of Douglas F. Carlson in Support of 52 Reply to Opposition/Response filed by Douglas F. Carlson. (Related document(s) 52 ) (gbaS, COURT STAFF) (Filed on 3/24/2017) (Entered: 03/29/2017)
2017-03-2851CLERK'S NOTICE CONTINUING FURTHER CASE MANAGEMENT CONFERENCE AND MOTION HEARING as to 40 MOTION for Summary Judgment , 41 MOTION for Summary Judgment. Case Management Statement due by 6/23/2017. Further Case Management Conference, previously set for 5/5/17 at 2:00 PM has been re-set for 6/30/2017 at 09:30 AM in Courtroom G, 15th Floor, San Francisco. Motion Hearing, previously set for 5/5/17 at 2:00 PM has been re-set for 6/30/2017 at 09:30 AM in Courtroom G, 15th Floor, San Francisco before Chief Magistrate Judge Joseph C. Spero. (klhS, COURT STAFF) (Filed on 3/28/2017) (Entered: 03/28/2017)
2017-06-2155STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byUnited States Postal Service. (Attachments: # 1 Exhibit (copy of decision))(Related document(s) 40 , 41 ) (Cormier, Claire) (Filed on 6/21/2017) (Entered: 06/21/2017)
2017-06-2156JOINT CASE MANAGEMENT STATEMENT filed by United States Postal Service. (Cormier, Claire) (Filed on 6/21/2017) (Entered: 06/21/2017)
2017-06-3057Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Motion Hearing held on 6/30/2017 re 40 MOTION for Summary Judgment filed by United States Postal Service, 41 MOTION for Summary Judgment filed by Douglas F. Carlson. Motions submitted. Court to issue Order. Further Case Management Conference not held on 6/30/2017.FTR Time 9:37-10:13. Plaintiff Attorney Douglas Carlson, pro se. Defendant Attorney Claire Cormier. Attachment Minute Order.(klhS, COURT STAFF) (Date Filed: 6/30/2017) (Entered: 06/30/2017)
2017-07-0558AUDIO RECORDINGS ORDER (re: 57 Motion Hearing, Case Management Conference), by Douglas F. Carlson. Court will send to Douglas F. Carlson at doug.carlson@sbcglobal.net a link to the files requested in this order. ( Filing fee $ 31, receipt number 34611125675). (rjdS, COURT STAFF) (Filed on 7/5/2017). (Entered: 07/05/2017)
2017-08-1859ORDER by Judge Joseph C. Spero denying 40 Postal Service's Motion for Summary Judgment; granting 41 Plaintiff's Motion for Summary Judgment. (jcslc1S, COURT STAFF) (Filed on 8/18/2017) (Additional attachment(s) added on 8/21/2017: # 1 Certificate/Proof of Service) (klhS, COURT STAFF). (Entered: 08/18/2017)
2017-08-2160CLERK'S JUDGMENT in favor of Douglas F. Carlson against United States Postal Service (klhS, COURT STAFF) (Filed on 8/21/2017) (Entered: 08/21/2017)
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