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Case TitleMarc Cohodes v. United States Department of Justice
DistrictNorthern District of California
CityOakland
Case Number4:2020cv04015
Date Filed2020-06-17
Date ClosedOpen
JudgeJudge Saundra Brown Armstrong
PlaintiffMarc Cohodes Plaintiff
Case DescriptionMarc Cohodes submitted FOIA requests to the Department of Justice, the Executive Office for U.S. Attorneys, and the FBI for records concerning communications with Sen. Johnny Isakson (R-GA) pertaining to attempts to silence Cohodes and Parker Petit's criticism of the company MiMedx. The agencies acknowledged receipt of the request. Only the FBI provided 12 pages of records redacted under Exemption 6 (invasion of privacy). Cohodes then submitted three more FOIA requests to the agencies. After hearing nothing further from the agencies, Cohodes filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Department of Justice
DefendantFederal Bureau of Investigation
DefendantExecutive Office for United States Attorneys
DefendantCriminal Division of the United States Department of Justice
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [38]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-06-171COMPLAINT For Declaratory and Injunctive Relief for Violations of the Freedom of Information Act against All Defendants (no process) ( Filing fee $ 400, receipt number 0971-14589387.). Filed by Marc Cohodes. (Attachments: # 1 Exhibit Exhibits to Complaint, # 2 Civil Cover Sheet)(Shapiro, David) (Filed on 6/17/2020) Modified on 6/18/2020 (jmlS, COURT STAFF). (Entered: 06/17/2020)
2020-06-172Case assigned to Magistrate Judge Donna M. Ryu. 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 7/1/2020. (mbcS, COURT STAFF) (Filed on 6/17/2020) (Entered: 06/17/2020)
2020-06-183Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/9/2020. Initial Case Management Conference set for 9/16/2020 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jmlS, COURT STAFF) (Filed on 6/18/2020) (Entered: 06/18/2020)
2020-06-234MOTION to Relate Case filed by Marc Cohodes. (Norton, William) (Filed on 6/23/2020) Modified on 6/23/2020 (jmlS, COURT STAFF). (Entered: 06/23/2020)
2020-06-235Proposed Summons. (Norton, William) (Filed on 6/23/2020) (Entered: 06/23/2020)
2020-06-236Proposed Summons. (Norton, William) (Filed on 6/23/2020) (Entered: 06/23/2020)
2020-06-237Proposed Summons. (Norton, William) (Filed on 6/23/2020) (Entered: 06/23/2020)
2020-06-23Electronic filing error . Document filed in wrong case. [err401]This filing will not be processed by the clerks office. Re: 7 Proposed Summons filed by Marc Cohodes, 5 Propos ed Summons filed by Marc Cohodes, 6 Proposed Summons filed by Marc Cohodes, 4 MOTION to Relate Case PLAINTIFF MARC COHODESS ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED filed by Marc Cohodes (jmlS, COURT STAFF) (Filed on 6/23/2020) (Entered: 06/23/2020)
2020-06-238Proposed Summons. (Norton, William) (Filed on 6/23/2020) (Entered: 06/23/2020)
2020-06-239Proposed Summons. (Norton, William) (Filed on 6/23/2020) (Entered: 06/23/2020)
2020-06-2310Proposed Summons. (Norton, William) (Filed on 6/23/2020) (Entered: 06/23/2020)
2020-06-2411Summons Issued as to Executive Office for United States Attorneys, Federal Bureau of Investigation, United States Department of Justice, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons)(anjS, COURT STAFF) (Filed on 6/24/2020) (Entered: 06/24/2020)
2020-06-2512CERTIFICATE OF SERVICE by Marc Cohodes re 1 Complaint, Summons, Order Setting Initial Case Management Conference and ADR Deadlines, DMR Standing Order (Turetzky, Matthew) (Filed on 6/25/2020) (Entered: 06/25/2020)
2020-07-0213CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff 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. Consent/Declination due by 7/16/2020. (ig, COURT STAFF) (Filed on 7/2/2020) (Entered: 07/02/2020)
2020-07-1614CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Marc Cohodes.. (Turetzky, Matthew) (Filed on 7/16/2020) (Entered: 07/16/2020)
2020-08-1015CERTIFICATE OF SERVICE by Marc Cohodes re 1 Complaint, 10 Proposed Summons, 9 Proposed Summons, 3 Initial Case Management Scheduling Order with ADR Deadlines, 12 Certificate of Service, 8 Proposed Summons on United States Attorney General and United States Attorneys Office (Turetzky, Matthew) (Filed on 8/10/2020) (Entered: 08/10/2020)
2020-08-2516NOTICE of Appearance by George C. Harris (Harris, George) (Filed on 8/25/2020) (Entered: 08/25/2020)
2020-08-2617NOTICE by Marc Cohodes Certificate of Interested Entities or Persons (Harris, George) (Filed on 8/26/2020) (Entered: 08/26/2020)
2020-08-2618ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Attachments: # 1 Declaration Declaration of George C. Harris Pursuant to Local Rule 5-1(i)(2))(Harris, George) (Filed on 8/26/2020) (Entered: 08/26/2020)
2020-08-26Electronic filing error . Incorrect event used. [err101] Correct event is found under Civil Events > Other Filings > Notices > Certificate of Interested Entities, Corporat e Disclosure Statement, or Rule 7.1 Disclosures. Please re-file in its entirety. Re: 17 Notice (Other) filed by Marc Cohodes (jmlS, COURT STAFF) (Filed on 8/26/2020) (Entered: 08/27/2020)
2020-08-2719Certificate of Interested Entities by Marc Cohodes (Harris, George) (Filed on 8/27/2020) (Entered: 08/27/2020)
2020-08-2720CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Department of Justice.. (Pyle, Michael) (Filed on 8/27/2020) (Entered: 08/27/2020)
2020-08-2721ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Pyle, Michael) (Filed on 8/27/2020) (Entered: 08/27/2020)
2020-08-2722CLERK'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. (ig, COURT STAFF) (Filed on 8/27/2020) (Entered: 08/27/2020)
2020-08-2823ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Saundra Brown Armstrong for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case, Signed by the Clerk on 8/28/2020. (anjS, COURT STAFF) (Filed on 8/28/2020) (Entered: 08/28/2020)
2020-08-3124CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASE:Joint Case Management Statement due by 9/9/2020. Initial Case Management Conference set for 9/16/2020 02:45 PM in Oakland, Chambers. Signed by Judge Saundra Brown Armstrong on 8/31/2020. (Attachments: # 1 Standing Order)(amgS, COURT STAFF) (Filed on 8/31/2020) (Entered: 08/31/2020)
2020-09-0925JOINT CASE MANAGEMENT STATEMENT filed by Marc Cohodes, United States Department of Justice, FBI, and Executive Office for United States Attorneys. (Attachments: # 1 Declaration Declaration of George C. Harris Pursuant to Local Rule 5-1(i)(2))(Harris, George) (Filed on 9/9/2020) Modified on 9/10/2020 (jmlS, COURT STAFF). (Entered: 09/09/2020)
2020-09-0926ANSWER to Complaint FOR DECLARATORY AND INJUNCTIVE RELIEF FOR VIOLATIONS OF THE FREEDOM OF INFORMATION ACT byExecutive Office for United States Attorneys, Federal Bureau of Investigation, United States Department of Justice. (Pyle, Michael) (Filed on 9/9/2020) (Entered: 09/09/2020)
2020-09-1627Minute Entry for proceedings held before Judge Saundra Brown Armstrong: Initial Case Management Conference held on 9/16/2020. Total Time in Court: 15 minutes. Court Reporter: Not Reported. Plaintiff Attorney: George Harris. Defendant Attorney: Michael Pyle. Further Case Management Conference set for 11/19/2020 02:45 PM in Oakland, Chambers. Counsel shall join the conference line (888) 684-8852 promptly at the date and time specified. The access code to join the conference is 7281326. Please be advised that conferences in other cases may precede and/or follow the conference scheduled in this case. When connecting, you may hear music and/or another conference; please be patient and wait for your case to be called before making an appearance. When your case management conference concludes, please exit without delay to clear the line for other proceedings. (amgS, COURT STAFF) (Date Filed: 9/16/2020) (Entered: 09/16/2020)
2020-09-2928AMENDED COMPLAINT against All Defendants. Filed byMarc Cohodes. (Harris, George) (Filed on 9/29/2020) (Main Document 28 replaced on 2/2/2022) (wsn, COURT STAFF). (Entered: 09/29/2020)
2020-09-3029STIPULATION EXTENDING TIME FOR RESPONSE TO FIRST AMENDED COMPLAINT filed by Executive Office for United States Attorneys, Federal Bureau of Investigation, United States Department of Justice and Marc Cohodes. (Pyle, Michael) (Filed on 9/30/2020) Modified on 10/1/2020 (jmlS, COURT STAFF). (Entered: 09/30/2020)
2020-10-2730Answer to Amended Complaint FOR DECLARATORY AND INJUNCTIVE RELIEF FOR VIOLATIONS OF THE FREEDOM OF INFORMATION ACT byCriminal Division of the United States Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, United States Department of Justice. (Pyle, Michael) (Filed on 10/27/2020) (Entered: 10/27/2020)
2020-11-1331JOINT CASE MANAGEMENT STATEMENT filed by Criminal Division of the United States Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, United States Department of Justice and Marc Cohodes. (Pyle, Michael) (Filed on 11/13/2020) Modified on 11/13/2020 (jmlS, COURT STAFF). (Entered: 11/13/2020)
2020-11-1932CLERK'S NOTICE CONTINUING TELEPHONIC FURTHER CASE MANAGEMENT CONFERENCE. Notice is hereby given that the further telephonic case management conference previously set for 11/19/2020 at 2:45 pm will be heard on 2/25/2021 at 2:30 PM. Counsel shall join the conference line (888) 684-8852 promptly at the date and time specified. The access code to join the conference is 7281326. Please be advised that conferences in other cases may precede and/or follow the conference scheduled in this case. When connecting, you may hear music and/or another conference; please be patient and wait for your case to be called before making an appearance. When your case management conference concludes, please exit without delay to clear the line for other proceedings. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amgS, COURT STAFF) (Filed on 11/19/2020) (Entered: 11/19/2020)
2021-02-1233STIPULATION WITH PROPOSED ORDER Continuing Case Management Conference filed by Criminal Division of the United States Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, United States Department of Justice, and Marc Cohodes. (Pyle, Michael) (Filed on 2/12/2021) Modified on 2/16/2021 (bnsS, COURT STAFF). (Entered: 02/12/2021)
2021-02-1634ORDER by Judge Saundra Brown Armstrong Granting 33 STIPULATION CONTINUING CASE MANAGEMENT CONFERENCE. Further Case Management Conference set for 5/5/2021 02:45 PM in Oakland, - Telephonic Only.(amgS, COURT STAFF) (Filed on 2/16/2021) (Entered: 02/16/2021)
2021-04-2735STIPULATION WITH PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE filed by Criminal Division of the United States Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, United States Department of Justice. (Pyle, Michael) (Filed on 4/27/2021) (Entered: 04/27/2021)
2021-04-2736ORDER by Judge Saundra Brown Armstrong Granting 35 STIPULATION CONTINUING CASE MANAGEMENT CONFERENCE. Further Case Management Conference set for 6/17/2021 02:30 PM in Oakland, - Telephonic Only.(amgS, COURT STAFF) (Filed on 4/27/2021) (Entered: 04/27/2021)
2021-06-1037STIPULATION WITH PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE filed by Criminal Division of the United States Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, United States Department of Justice. (Pyle, Michael) (Filed on 6/10/2021) (Entered: 06/10/2021)
2021-06-1038ORDER by Judge Saundra Brown Armstrong. Granting 37 Stipulation CONTINUING CASE MANAGEMENT CONFERENCE. Further Case Management Conference set for 7/29/2021 02:30 PM in Oakland, - Telephonic Only. (ndrS, COURT STAFF) (Filed on 6/10/2021) (Entered: 06/10/2021)
2021-07-2139JOINT CASE MANAGEMENT STATEMENT filed by Criminal Division of the United States Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, United States Department of Justice and Marc Cohodes. (Pyle, Michael) (Filed on 7/21/2021) Modified on 7/22/2021 (bnsS, COURT STAFF). (Entered: 07/21/2021)
2021-07-2940Minute Entry for proceedings held before Judge Saundra Brown Armstrong: Further Case Management Conference held on 7/29/2021.Total Time in Court: 15 minutes. Court Reporter: Not Reported. Plaintiff Attorney: George Harris. Defendant Attorney: Michael Pyle. (amgS, COURT STAFF) (Date Filed: 7/29/2021) (Entered: 07/30/2021)
2021-07-3041ORDER REFERRING ACTION TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE. Signed by Judge Saundra Brown Armstrong on 7/30/2021. (amgS, COURT STAFF) (Filed on 7/30/2021) (Entered: 07/30/2021)
2021-07-30CASE REFERRED to Magistrate Judge Laurel Beeler for Settlement (ahm, COURT STAFF) (Filed on 7/30/2021) (Entered: 07/30/2021)
2021-08-0342Order Setting Settlement Conference before Magistrate Judge. Settlement Conference set for 12/15/2021 at 10:00 AM in San Francisco, Courtroom B, 15th Floor. Settlement Conference Statements due 12/8/2021. Signed by Judge Laurel Beeler on 08/03/2021. (ejkS, COURT STAFF) (Filed on 8/3/2021) (Entered: 08/03/2021)
2021-08-0643NOTICE of Change of Address by George C. Harris (Harris, George) (Filed on 8/6/2021) (Entered: 08/06/2021)
2021-11-0344CLERKS NOTICE SETTING ZOOM HEARING. Settlement Conference set for 12/15/2021 at 10:00 AM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom meeting . Meeting Access: All counsel, members of the public, and media may access the meeting information at https://www.cand.uscourts.gov/lb. Please DO NOT join the Zoom webinar (for public hearings). Go to the section lab eled: Joining Non-Public Hearings (Settlement Conferences, etc.) below the public webinar information and click on the box to the left to expand text and obtain information for the non-public Zoom meeting. You will be placed in a waiting room and admitted once the settlement conference begins. (Meeting ID: 160 464 1326 Passcode: 106809) General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: ht tps://www.cand.uscourts.gov/zoom/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 11/3/2021) (Entered: 11/03/2021)
2021-12-1545Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held via Zoom on 12/15/2021. Settlement conference held. By the second week in January, the parties will confer about the timing of the productions and update the court about their proposed next steps for in camera review and further settlement conferences. (Not Reported). Total Time in Court: 2 hours. Plaintiff's Attorneys: George Harris and Gil Walton. Also appearing: Plaintiff Marc Cohodes. Defendants' Attorney: Michael Pyle. Also appearing: Pamela A. Roberts, Natasha Hudgins, and Traci L. McCoy. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Date Filed: 12/15/2021) (Entered: 12/15/2021)
2022-01-2046MOTION to Remove Incorrectly Filed Document filed by Marc Cohodes. (Attachments: # 1 Declaration of George C. Harris In Support of Unopposed Motion to Remove Docket Entry, # 2 Proposed Order Granting Plaintiff Marc Cohodes' Unopposed Motion to Remove Docket Entry)(Harris, George) (Filed on 1/20/2022) (Entered: 01/20/2022)
2022-01-2147CLERK'S NOTICE: The next steps, given the submissions of the redacted FBI documents, is to schedule an in camera review with the government. The court will separately email the parties to set up a time for that process. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 1/21/2022) (Entered: 01/21/2022)
2022-01-2448CLERKS NOTICE SETTING SETTLEMENT CONFERENCE. Settlement Conference set for 1/27/2022 at 11:00 AM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom meeting. Meeting Access: All counsel, members of the public, and media may access the meeting information at https://www.cand.uscourts.gov/lb. Please DO NOT join the Zoom webinar (for public hearings). Go to the section la beled: Joining Non-Public Hearings (Settlement Conferences, etc.) below the public webinar information and click on the box to the left to expand text and obtain information for the non-public Zoom meeting. You will be placed in a waiting room and admitted once the settlement conference begins. (Meeting ID: 160 464 1326 Passcode: 106809) General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: h ttps://www.cand.uscourts.gov/zoom/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 1/24/2022) (Entered: 01/24/2022)
2022-01-2749Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held via Zoom on 1/27/2022. Settlement conference held. Court did in camera review of documents with the government, which will confer first with the FBI and then with counsel for the plaintiff. Thereafter, the parties will contact the court if they need a further settlement conference. (Not Reported). Total Time in Court: 1 hour. Defendants' Attorney: Michael Pyle. Also appearing: Pamela A. Roberts. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Date Filed: 1/27/2022) (Entered: 01/27/2022)
2022-02-0150Order signed by Judge Richard Seeborg for Judge Saundra Brown Armstrong Granting 46 Motion to Remove Incorrectly Filed Document. (bns, COURT STAFF) (Filed on 2/1/2022) (Entered: 02/01/2022)
2022-02-0151AMENDED COMPLAINT For Declaratory and Injunctive Relief for Violations of The Freedom of Information Act against Criminal Division of the United States Department of Justice, Executive Office for United States Attorneys, Federal Bureau of Investigation, United States Department of Justice. Filed byMarc Cohodes. (Harris, George) (Filed on 2/1/2022) (Entered: 02/01/2022)
2022-10-1852Notice of Intent to Reassign a Case: Pursuant to General Order 47, and in the interest of justice, the Court intends to reassign this case. The parties to this action are instructed to meet and confer to determine if collectively they will consent to transfer this case to a Magistrate Judge for all purposes. On or before 11/14/2022, each party must file either (1) written consent to the jurisdiction of a Magistrate Judge or (2) a request for reassignment of this case to a district judge. The parties may consent to the jurisdiction of a specific Magistrate Judge regardless of the division of the Court to which that Judge is assigned. In the event the parties decline consent to Magistrate Judge jurisdiction, the case will be randomly reassigned to a district judge. The Advantages of Consenting to a Magistrate Judge, Association of Business Trial Lawyers, Summer 2019, Volume 26, No.3 ON BEHALF OF THE EXECUTIVE COMMITTEE Richard Seeborg, Chief Judge (ecg-adi, COURT STAFF) (Filed on 10/18/2022) (Entered: 10/18/2022)
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