Skip to content

Case Detail

[Subscribe to updates]
Case TitleKopp v. United States Secret Service
DistrictNorthern District of California
CitySan Francisco
Case Number3:2018cv04913
Date Filed2018-08-14
Date Closed2019-06-03
JudgeMagistrate Judge Joseph C. Spero
PlaintiffQuentin L. Kopp
Case DescriptionQuentin Kopp, a former California State Senator, submitted a FOIA request to U.S. Secret Service for records concerning the number of employees that accompanied Donald Trump, Jr. on his trip to India and the costs incurred. The agency told Kopp that his request was too broad and that he should narrow the scope of the request. Kopp sent a letter to the agency arguing that his request was not too broad. After hearing nothing further from the agency, Kopp filed suit.
Complaint issues: Request - Specificity, Litigation - Attorney's fees

DefendantUnited States Secret Service
DefendantTHE UNITED STATES SECRET SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [36]
FOIA Project Annotation: A federal court in California has ruled that Quentin Kopp is entitled to attorney's fees for his litigation to force the Secret Service to disclose records concerning its costs for providing protection to President Donald Trump's two adult sons while on international trips promoting their business interests, but has reduced Kopp's fee request by a third because he only prevailed on two of his three requests. In response to Kopp's three requests, the agency told Kopp that his requests did not sufficiently describe the records sought. Kopp responded to the agency's determination, arguing that his requests were sufficiently specific to allow the agency to search. However, the agency had no record of receiving Kopp's response until it was attached is his court complaint. After discovering Kopp's original response, the agency processed his request and disclosed 93 pages. The agency later disclosed the same records to two journalists. Kopp argued that he was entitled to attorney's fees because his litigation caused the agency to respond to his requests. By contrast, the agency asserted that it was Kopp's clarification that it did not receive that prompted the disclosure of records. The court found that "as a factual matter that Kopp's clarifying letter was sent but not received and holds that the Secret Service had no obligation to respond to that letter until it received a copy of it as an attachment to Kopp's complaint." The court then explained that it would analyze whether the agency should have disclosed records in response to Kopp's original requests without any further clarification. The court found that two of Kopp's requests were sufficiently clear to allow the agency to search for records. The court noted that "the Secret Service should have been able to interpret the request as calling for documents showing the compensation and expenses incurred by agents on the trip, or if it perceived some ambiguity that the Court does not, at the very least should have identified its concern in its request for clarification." The agency argued that Kopp's use of the term emoluments made it unclear whether he was referring only to foreign gifts. Calling this claim "baseless," the court pointed out that Kopp's clarification letter shed some light on whether the agency should have been able to search in the first place. The court observed that "at least with respect to the first two requests â€" regarding the number of agents and their compensation â€" it is unclear why the Secret Service would not have been able to identify on its own the categories that Kopp listed in his clarification letter or how those categories narrow in any way the scope of the original requests." As to the third request, the court indicated that its subject matter â€" rules and policies for agents on such trips â€" was unclear and that the agency acted appropriately in requesting clarification. Concluding that Kopp had prevailed on two of his requests but not the third, the court reduced Kopp's fee request by a third. The court rejected several of the agency's attempts to narrow the hours Kopp's law firm had claimed but agreed with the agency that Kopp could not be compensated for time spent on administrative matters. The court also rejected Kopp's request that a senior partner be compensated at $850 an hour rather than $700 an hour, an amount recognized in 2012 as being a fair market rate in the San Francisco area. The court noted that "there is no evidence that $850 per hour is in fact a fair market rate for the particular work performed. The Secret Service does not appear to object to a rate of $700 per hour and the Court awards fees at that rate for the allowable time entries." The court found that with the adjustments in his hourly calculations, Kopp was entitled to $30,612 but reduced that by one-third for a total award of $20,408.
Issues: Litigation - Attorney's fees - Eligibility - Causal effect, Litigation - Attorney's fees - Entitlement - Calculation of award
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-08-141COMPLAINT for Declaratory Relief and Injunctive Relief Under The Freedom of Information Act against United States Secret Service (Filing fee $ 400.00, receipt number 0971-12592004.). Filed by Quentin L. Kopp. (Attachments: # 1 Summons, # 2 Civil Cover Sheet) (Barr, Mallory) (Filed on 8/14/2018) Modified on 8/21/2018 (gbaS, COURT STAFF). (Entered: 08/14/2018)
2018-08-142Case assigned to Magistrate Judge Joseph C. Spero. 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. Consent/Declination due by 8/28/2018. (bwS, COURT STAFF) (Filed on 8/14/2018) (Entered: 08/14/2018)
2018-08-213Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/9/2018. Initial Case Management Conference set for 11/16/2018 02:00 PM in San Francisco, Courtroom G, 15th Floor. (gbaS, COURT STAFF) (Filed on 8/21/2018) (Entered: 08/21/2018)
2018-08-214Summons Issued as to United States Secret Service. (gbaS, COURT STAFF) (Filed on 8/21/2018) (Entered: 08/21/2018)
2018-08-285CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Quentin L. Kopp.. (Barr, Mallory) (Filed on 8/28/2018) (Entered: 08/28/2018)
2018-08-296SUMMONS Returned Executed by Quentin L. Kopp. United States Secret Service served on 8/23/2018, answer due 10/22/2018. (Barr, Mallory) (Filed on 8/29/2018) (Entered: 08/29/2018)
2018-08-297SUMMONS Returned Executed by Quentin L. Kopp. (Barr, Mallory) (Filed on 8/29/2018) (Entered: 08/29/2018)
2018-09-248NOTICE of Appearance by Laura A Hunt (Hunt, Laura) (Filed on 9/24/2018) (Entered: 09/24/2018)
2018-09-249ANSWER to Complaint byUnited States Secret Service. (Hunt, Laura) (Filed on 9/24/2018) (Entered: 09/24/2018)
2018-09-2510CLERK'S NOTICE Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge. 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.) Consent/Declination due by 10/9/2018. (klhS, COURT STAFF) (Filed on 9/25/2018) (Entered: 09/25/2018)
2018-10-0911CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Secret Service.. (Hunt, Laura) (Filed on 10/9/2018) (Entered: 10/09/2018)
2018-10-3012ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cmf, COURT STAFF) (Filed on 10/30/2018) (Entered: 10/30/2018)
2018-10-3113ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Hunt, Laura) (Filed on 10/31/2018) (Entered: 10/31/2018)
2018-10-3114ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Barr, Mallory) (Filed on 10/31/2018) (Entered: 10/31/2018)
2018-10-3115REQUEST for ADR Phone Conference (Hunt, Laura) (Filed on 10/31/2018) (Entered: 10/31/2018)
2018-11-0116ADR Clerk's Notice Setting ADR Phone Conference on Tuesday, November 13, 2018, at 10:00 AM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 11/1/2018) (Entered: 11/01/2018)
2018-11-0917JOINT CASE MANAGEMENT STATEMENT and Rule 26(f) Report filed by Quentin L. Kopp. (Barr, Mallory) (Filed on 11/9/2018) (Entered: 11/09/2018)
2018-11-1318ADR Remark: The ADR Phone Conference set for 11/13/2018, HAS BEEN RESCHEDULED to 11/14/2018, at 11:30 AM Pacific time. The call-in information remains the same. (af, COURT STAFF) (Filed on 11/13/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 11/13/2018)
2018-11-1419CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE. (This is a text-only entry generated by the court. There is no document associated with this entry.) Case Management Statement due by 1/11/2019. Initial Case Management Conference, previously set for 11/16/18 at 2:00 PM, has been re-set for 1/18/2019 02:00 PM in San Francisco, Courtroom G, 15th Floor before Chief Magistrate Judge Joseph C. Spero. Any party seeking a continuance shall e-file a stipulation and proposed order. (klhS, COURT STAFF) (Filed on 11/14/2018) (Entered: 11/14/2018)
2018-11-1420ADR Remark: ADR Phone Conference held on 11/14/2018 by Tamara Lange. (cmfS, COURT STAFF) (Filed on 11/14/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 11/14/2018)
2019-01-0721MOTION to Stay re 19 Clerk's Notice,, (Unopposed) filed by United States Secret Service. Responses due by 1/22/2019. Replies due by 1/29/2019. (Attachments: # 1 Proposed Order)(Hunt, Laura) (Filed on 1/7/2019) (Entered: 01/07/2019)
2019-01-0822ORDER, signed as modified on 1/8/19, by Chief Magistrate Judge Joseph C. Spero granting in part 21 Motion to Stay Deadlines for the Case Management Statement and Case Management Conference in Light of the Lapse of Appropriations. Case Management Statement due by 2/15/2019. Initial Case Management Conference set for 2/22/2019 02:00 PM in San Francisco, Courtroom G, 15th Floor. (klhS, COURT STAFF) (Filed on 1/8/2019) (Entered: 01/08/2019)
2019-02-1523JOINT CASE MANAGEMENT STATEMENT filed by Quentin L. Kopp. (Barr, Mallory) (Filed on 2/15/2019) (Entered: 02/15/2019)
2019-02-1924CLERK'S NOTICE. Ms. Hunt may appear by phone on 2/22/19 at 2:00 PM for the Initial Case Management Conference. Ms. Hunt shall make arrangements through CourtCall. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klhS, COURT STAFF) (Filed on 2/19/2019) (Entered: 02/19/2019)
2019-02-2525Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Initial Case Management Conference held on 2/22/2019. The person in charge for the Defendant shall appear at the further case management conference. Further Case Management Conference set for 3/1/2019 02:00 PM in San Francisco, Courtroom G, 15th Floor. Parties may appear by phone and shall make arrangements through CourtCall FTR Time: Not Reported. Attorney for Plaintiff: Mallory Barr Attorney for Defendant: Linda Hunt (CourtCall) (klhS, COURT STAFF) (Date Filed: 2/25/2019) (Entered: 02/25/2019)
2019-03-0126NOTICE by United States Secret Service (Joint Statement of Contested Issues and Revised Proposed Briefing Schedule) (Attachments: # 1 Proposed Order)(Hunt, Laura) (Filed on 3/1/2019) (Entered: 03/01/2019)
2019-03-0427Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Further Case Management Conference held on 3/1/2019.Court adopted the schedule in the Joint Statement of Contested Issues and Revised Briefing Schedule [ECF 26]. Parties should meet and confer to see if they are able to resolve the attorney fee issue before filing formal motion. FTR Time: Not Reported. Attorney for Plaintiff: Mallory Barr Attorney for Defendant: Linda Hunt (CourtCall) (klhS, COURT STAFF) (Date Filed: 3/4/2019) (Entered: 03/04/2019)
2019-03-0428ORDER ON BRIEFING SCHEDULE FOR ATTORNEY FEE MOTION. Responses due by 4/12/2019. Replies due by 4/26/2019. Motion For Attorneys's Fees and Costs due by 3/22/2019.. Signed by Chief Magistrate Judge Joseph C. Spero on 3/4/19. (klhS, COURT STAFF) (Filed on 3/4/2019) (Entered: 03/04/2019)
2019-03-2229MOTION for Attorney Fees filed by Quentin L. Kopp. Motion Hearing set for 5/3/2019 09:30 PM in San Francisco, Courtroom G, 15th Floor before Magistrate Judge Joseph C. Spero. Responses due by 4/12/2019. Replies due by 4/26/2019. (Attachments: # 1 Declaration of Mallory A. Barr, # 2 Declaration of Quentin L. Kopp, # 3 Proposed Order)(Barr, Mallory) (Filed on 3/22/2019) (Entered: 03/22/2019)
2019-04-04Electronic filing error . Corrected by Clerk's Office. No further action is necessary. Re: 29 MOTION for Attorney Fees filed by Quentin L. Kopp Motion hearing is set for 9:30 PM. Clerk will issue notice to correct hearing time.(klhS, COURT STAFF) (Filed on 4/4/2019) (Entered: 04/04/2019)
2019-04-0430CLERK'S NOTICE CORRECTING TIME. (This is a text-only entry generated by the court. There is no document associated with this entry.) , Set/Reset Deadlines as to 29 MOTION for Attorney Fees . Motion Hearing set for 5/3/2019 09:30 AM in San Francisco, Courtroom G, 15th Floor before Magistrate Judge Joseph C. Spero. There is no change in the briefing schedule as this corrects a filing error as to time. (Related documents(s) 29 )(klhS, COURT STAFF) (Filed on 4/4/2019) (Entered: 04/04/2019)
2019-04-1231OPPOSITION/RESPONSE (re 29 MOTION for Attorney Fees ) filed byUnited States Secret Service. (Attachments: # 1 Declaration of Kevin L. Tyrrell, # 2 Exhibit 1, # 3 Exhibit 2)(Hunt, Laura) (Filed on 4/12/2019) (Entered: 04/12/2019)
2019-04-2632REPLY (re 29 MOTION for Attorney Fees ) filed byQuentin L. Kopp. (Attachments: # 1 Declaration of Mallory Barr)(Barr, Mallory) (Filed on 4/26/2019) (Entered: 04/26/2019)
2019-04-2933STIPULATION WITH PROPOSED ORDER re 29 MOTION for Attorney Fees (Joint Stipulation to Continue Hearing Date to May 31, 2019) filed by United States Secret Service. (Attachments: # 1 Proposed Order)(Hunt, Laura) (Filed on 4/29/2019) (Entered: 04/29/2019)
2019-04-2934Order, signed 4/29/19, by Chief Magistrate Judge Joseph C. Spero granting 33 Stipulation to Continue Hearing on Motion for Fees. Motion continued to 5/31/19 at 9:30 AM.(klhS, COURT STAFF) (Filed on 4/29/2019) (Entered: 04/29/2019)
2019-04-29Set/Reset Deadlines as to 29 MOTION for Attorney Fees . Motion Hearing re-set for 5/31/2019 09:30 AM in San Francisco, Courtroom G, 15th Floor before Chief Magistrate Judge Joseph C. Spero. (klhS, COURT STAFF) (Filed on 4/29/2019) (Entered: 04/29/2019)
2019-05-3135Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Motion Hearing held on 5/31/2019 re 29 MOTION for Attorney Fees filed by Quentin L. Kopp. Motion Submitted. FTR Time: 10:00-10:24. Attorney for Plaintiff: Mallory Barr Attorney for Defendant: Linda Hunt, Marcia Berman (klhS, COURT STAFF) (Date Filed: 5/31/2019) Modified on 6/3/2019: Matter transcribed by Peggy Schuerger (AdHoc Reporting). (rjdS, COURT STAFF). (Entered: 05/31/2019)
2019-05-3136Order by Chief Magistrate Judge Joseph C. Spero granting in part and denying in part 29 Motion for Attorney Fees. (jcslc2S, COURT STAFF) (Filed on 5/31/2019) (Entered: 05/31/2019)
2019-05-3137TRANSCRIPT ORDER for proceedings held on 05/31/2019 before Magistrate Judge Joseph C. Spero by Quentin L. Kopp, for Court Reporter FTR - San Francisco. (Barr, Mallory) (Filed on 5/31/2019) (Entered: 05/31/2019)
2019-06-0338CLERK'S JUDGMENT in favor of Quentin L. Kopp against United States Secret Service (klhS, COURT STAFF) (Filed on 6/3/2019) (Entered: 06/03/2019)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar