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Case TitleKoltys v. Kijakazi, et al.
DistrictNorthern District of California
CitySan Francisco
Case Number3:2020cv08700
Date Filed2020-12-09
Date Closed2022-01-28
JudgeMagistrate Judge Sallie Kim
PlaintiffHenry Koltys
Case DescriptionHenry Koltyn, an administrative law judge for the Social Security Administration in Santa Barbara, California, submitted FOIA requests to the Social Security Administration and the Department of Homeland Security for records concerning the investigation of Koltyn for carrying a permitted gun while at work. The agencies acknowledged receipt of the requests but after the agencies failed to respond, Koltyn filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantAndrew M. Saul Commissioner of Social Security
DefendantAndrew M. Saul Commissioner of Social Security
TERMINATED: 09/20/2021
DefendantChad F. Wolf Homeland Security, Actiing Secretary
DefendantKilolo Kijakazi Acting Commissioner of Social Security
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-12-091COMPLAINT against All Defendants (Filing fee $402, receipt number 0971-15294195). Filed by Henry Koltys. (Attachments: # 1 Exhibit Exhibits A-K, # 2 Civil Cover Sheet)(Herrick, Steven) (Filed on 12/9/2020) (Entered: 12/09/2020)
2020-12-092Proposed Summons. (Herrick, Steven) (Filed on 12/9/2020) (Entered: 12/09/2020)
2020-12-093Case assigned to Magistrate Judge Sallie Kim. 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 12/23/2020. (haS, COURT STAFF) (Filed on 12/9/2020) (Entered: 12/09/2020)
2020-12-094Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/8/2021. Initial Case Management Conference set for 3/15/2021 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (jlgS, COURT STAFF) (Filed on 12/9/2020) (Entered: 12/09/2020)
2020-12-105Summons Issued as to Andrew M. Saul. (jlgS, COURT STAFF) (Filed on 12/10/2020) (Entered: 12/10/2020)
2020-12-106Proposed Summons. (Herrick, Steven) (Filed on 12/10/2020) (Entered: 12/10/2020)
2020-12-177Summons Issued as to Chad F. Wolf. (wsnS, COURT STAFF) (Filed on 12/17/2020) (Entered: 12/17/2020)
2020-12-228CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Henry Koltys.. (Herrick, Steven) (Filed on 12/22/2020) (Entered: 12/22/2020)
2021-01-159STIPULATION to Extend Time to Answer or Otherwise Respond to Complaint filed by Andrew M. Saul, Chad F. Wolf. (Johann, Pamela) (Filed on 1/15/2021) Modified on 1/19/2021 (jlgS, COURT STAFF). (Entered: 01/15/2021)
2021-01-2810CERTIFICATE OF SERVICE by Henry Koltys (Attachments: # 1 Certificate/Proof of Service Notice of Proof of Service - Wolf (Anderson), # 2 Certificate/Proof of Service Notice of Proof of Service by Certified Mail - Saul (Barr), # 3 Certificate/Proof of Service Notice of Proof of Service by Certified Mail - Wolf, # 4 Certificate/Proof of Service Notice of Proof of Service by Certififed Mail - Wolf (Barr))(Herrick, Steven) (Filed on 1/28/2021) (Entered: 01/28/2021)
2021-02-0311SECOND STIPULATION to Enlarge Time to Answer or Otherwise Respond to Complaint filed by Andrew M. Saul, Chad F. Wolf. (Johann, Pamela) (Filed on 2/3/2021) Modified on 2/3/2021 (jlgS, COURT STAFF). (Entered: 02/03/2021)
2021-02-0312CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge by 2/17/2021. 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. (mklS, COURT STAFF) (Filed on 2/3/2021) (Entered: 02/03/2021)
2021-02-1713CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Andrew M. Saul, Chad F. Wolf.. (Johann, Pamela) (Filed on 2/17/2021) (Entered: 02/17/2021)
2021-02-2214STIPULATION WITH PROPOSED ORDER to Continue CMC and Exempt Parties from Certain Rule 26 Requirements filed by Andrew M. Saul, Chad F. Wolf. (Attachments: # 1 Declaration of Pamela T. Johann)(Johann, Pamela) (Filed on 2/22/2021) (Entered: 02/22/2021)
2021-02-2215ORDER by Magistrate Judge Sallie KIm granting 14 Stipulation to Continue Case Management Conference and Exempt Parties from Certain Rule 26 Requirements. Case Management Statement due by 4/19/2021. Initial Case Management Conference reset for 4/26/2021 01:30 PM in San Francisco - Videoconference Only. (mklS, COURT STAFF) (Filed on 2/22/2021) (Entered: 02/22/2021)
2021-03-0516THIRD STIPULATION to Extend Time to Answer or Otherwise Respond to Complaint filed by Andrew M. Saul, Chad F. Wolf. (Johann, Pamela) (Filed on 3/5/2021) Modified on 3/5/2021 (jlgS, COURT STAFF). (Entered: 03/05/2021)
2021-04-0217FOURTH STIPULATION to Extend Time to Answer or Otherwise Respond to Complaint filed by Andrew M. Saul, Chad F. Wolf. (Johann, Pamela) (Filed on 4/2/2021) Modified on 4/2/2021 (jlgS, COURT STAFF). (Entered: 04/02/2021)
2021-04-1918FIFTH STIPULATION To Extend Time To Answer Or Otherwise Respond To Complaint filed by Andrew M. Saul, Chad F. Wolf. (Johann, Pamela) (Filed on 4/19/2021) Modified on 4/19/2021 (jlgS, COURT STAFF). (Entered: 04/19/2021)
2021-04-1919JOINT STATUS REPORT; Stipulation and [Proposed] Order Continuing Case Management Conference by Andrew M. Saul, Chad F. Wolf. (Attachments: # 1 Declaration of Pamela T. Johann)(Johann, Pamela) (Filed on 4/19/2021) Modified on 4/19/2021 (jlgS, COURT STAFF). (Entered: 04/19/2021)
2021-04-2020ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Status Report due by 5/17/2021. Initial Case Management Conference reset for 5/24/2021 01:30 PM in San Francisco - Videoconference Only. Signed by Magistrate Judge Sallie Kim on 4/20/2021. (mklS, COURT STAFF) (Filed on 4/20/2021) (Entered: 04/20/2021)
2021-04-2921SIXTH STIPULATION to Extend Time to Answer or Otherwise Respond to Complaint filed by Andrew M. Saul, Chad F. Wolf. (Johann, Pamela) (Filed on 4/29/2021) Modified on 5/18/2021 (jlgS, COURT STAFF). (Entered: 04/29/2021)
2021-05-1722JOINT Status Report; STIPULATION and [PROPOSED] ORDER Continuing Case Management Conference filed by Andrew M. Saul, Chad F. Wolf. (Attachments: # 1 Declaration of Pamela T. Johann)(Johann, Pamela) (Filed on 5/17/2021) Modified on 5/18/2021 (jlgS, COURT STAFF). (Entered: 05/17/2021)
2021-05-1723SEVENTH STIPULATION to Extend Time to Answer or Otherwise Respond to Complaint filed by Andrew M. Saul, Chad F. Wolf. (Johann, Pamela) (Filed on 5/17/2021) Modified on 5/18/2021 (jlgS, COURT STAFF). (Entered: 05/17/2021)
2021-05-1824ORDER by Magistrate Judge Sallie Kim granting 22 Stipulation to Continue Case Management Conference. Case Management Statement due by 7/6/2021. Initial Case Management Conference reset for 7/12/2021 01:30 PM in San Francisco - Videoconference Only. (mklS, COURT STAFF) (Filed on 5/18/2021) (Entered: 05/18/2021)
2021-06-0425EIGHTH STIPULATION to Extend Time to Answer or Otherwise Respond to Complaint re Response Date filed by Andrew M. Saul, Chad F. Wolf. (Johann, Pamela) (Filed on 6/4/2021) Modified on 6/4/2021 (jlgS, COURT STAFF). (Entered: 06/04/2021)
2021-06-2126STIPULATION Extending Time to Respond to Complaint filed by Andrew M. Saul, Chad F. Wolf. (Johann, Pamela) (Filed on 6/21/2021) (Entered: 06/21/2021)
2021-07-0627STIPULATION WITH PROPOSED ORDER Continuing CMC filed by Andrew M. Saul, Chad F. Wolf. (Attachments: # 1 Declaration of Pamela T. Johann)(Johann, Pamela) (Filed on 7/6/2021) (Entered: 07/06/2021)
2021-07-0728ORDER by Magistrate Judge Sallie Kim granting 27 Stipulation to Continue Case Management Conference. Case Management Statement due by 8/23/2021. Initial Case Management Conference reset for 8/30/2021 01:30 PM in San Francisco - Videoconference Only. (mklS, COURT STAFF) (Filed on 7/7/2021) (Entered: 07/07/2021)
2021-07-1229TENTH STIPULATION to Extend Time to Answer or Otherwise Respond to Complaint filed by Andrew M. Saul, Chad F. Wolf. (Johann, Pamela) (Filed on 7/12/2021) Modified on 7/13/2021 (jlgS, COURT STAFF). (Entered: 07/12/2021)
2021-08-0230ELEVENTH STIPULATION to Extend Time to Answer or Otherwise Respond to Complaint filed by Andrew M. Saul, Chad F. Wolf. (Johann, Pamela) (Filed on 8/2/2021) Modified on 8/3/2021 (jlgS, COURT STAFF). (Entered: 08/02/2021)
2021-08-2331STATUS REPORT and STIPULATION re Response Date and Continuing CMC ; [Proposed] Order filed by Andrew M. Saul, Chad F. Wolf. (Attachments: # 1 Declaration of Pamela T. Johann)(Johann, Pamela) (Filed on 8/23/2021) Modified on 8/24/2021 (jlgS, COURT STAFF). (Entered: 08/23/2021)
2021-08-2432ORDER by Magistrate Judge Sallie Kim granting 31 Stipulation Regarding Response Date and Continuing Case Management Conference. Case Management Statement due by 9/27/2021. Initial Case Management Conference reset for 10/4/2021 01:30 PM in San Francisco - Videoconference Only. (mklS, COURT STAFF) (Filed on 8/24/2021) (Entered: 08/24/2021)
2021-09-2033STIPULATION to Extend Time to Answer or Otherwise Respond to Complaint filed by Kilolo Kijakazi. (Johann, Pamela) (Filed on 9/20/2021) (Entered: 09/20/2021)
2021-09-2434STIPULATION AND [PROPOSED] ORDER regarding Briefing Schedule and Case Management Conference; [Proposed] Order Vacating Case Management Conference filed by Kilolo Kijakazi, Chad F. Wolf. (Attachments: # 1 Declaration of Pamela T. Johann)(Johann, Pamela) (Filed on 9/24/2021) (Entered: 09/24/2021)
2021-09-2735ORDER by Magistrate Judge Sallie Kim granting 34 Stipulation and Vacating Case Management Conference. Motions due by 10/20/2021. Cross Motions due by 11/17/2021. Replies due by 12/8/2021. Motion Hearing set for 1/10/2022 09:30 AM before Magistrate Judge Sallie Kim. (sklc2S, COURT STAFF) (Filed on 9/27/2021) (Entered: 09/27/2021)
2021-10-2036MOTION for Summary Judgment or Motion to Dismiss or to Transfer filed by Kilolo Kijakazi, Chad F. Wolf. Motion Hearing set for 1/10/2022 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 11/17/2021. Replies due by 12/8/2021. (Attachments: # 1 Proposed Order)(Johann, Pamela) (Filed on 10/20/2021) (Entered: 10/20/2021)
2021-10-2037Declaration of Celeste E. Cook in Support of 36 MOTION for Summary Judgment or Motion to Dismiss or to Transfer filed byKilolo Kijakazi, Chad F. Wolf. (Attachments: # 1 Exhibit A)(Related document(s) 36 ) (Johann, Pamela) (Filed on 10/20/2021) (Entered: 10/20/2021)
2021-10-2038Declaration of Mary Ann Zimmerman in Support of 36 MOTION for Summary Judgment or Motion to Dismiss or to Transfer filed byKilolo Kijakazi, Chad F. Wolf. (Related document(s) 36 ) (Johann, Pamela) (Filed on 10/20/2021) (Entered: 10/20/2021)
2021-10-2039Declaration of Brian Rudick in Support of 36 MOTION for Summary Judgment or Motion to Dismiss or to Transfer filed byKilolo Kijakazi, Chad F. Wolf. (Related document(s) 36 ) (Johann, Pamela) (Filed on 10/20/2021) (Entered: 10/20/2021)
2021-10-2040Declaration of Mark S. Sochaczewsky in Support of 36 MOTION for Summary Judgment or Motion to Dismiss or to Transfer filed byKilolo Kijakazi, Chad F. Wolf. (Related document(s) 36 ) (Johann, Pamela) (Filed on 10/20/2021) (Entered: 10/20/2021)
2021-10-2041Declaration of Pamela T. Johann in Support of 36 MOTION for Summary Judgment or Motion to Dismiss or to Transfer filed byKilolo Kijakazi, Chad F. Wolf. (Attachments: # 1 Exhibit A)(Related document(s) 36 ) (Johann, Pamela) (Filed on 10/20/2021) (Entered: 10/20/2021)
2021-11-1642STIPULATION WITH PROPOSED ORDER filed by Henry Koltys. (Attachments: # 1 Declaration Declaration of Steven L. Herrick)(Herrick, Steven) (Filed on 11/16/2021) (Entered: 11/16/2021)
2021-11-1743ORDER AS MODIFIED by Magistrate Judge Sallie Kim granting 42 Stipulation to Extend Time. (mkl, COURT STAFF) (Filed on 11/17/2021) (Entered: 11/17/2021)
2021-11-17Set/Reset Deadlines as to 36 MOTION for Summary Judgment or Motion to Dismiss or to Transfer . Opposition/Cross-Motion due by 12/1/2021. Replies due by 12/22/2021. Motion Hearing reset for 1/24/2022 09:30 AM in San Francisco - Videoconference Only before Magistrate Judge Sallie Kim. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/sk General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court procee dings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (mkl, COUR T STAFF) (Filed on 11/17/2021) (Entered: 11/17/2021)
2021-12-0144OPPOSITION/RESPONSE (re 36 MOTION for Summary Judgment or Motion to Dismiss or to Transfer ) filed by Henry Koltys. (Attachments: # 1 Affidavit Affidavit of Henry Koltys, # 2 Exhibit Email dated March 11, 2020, # 3 Affidavit of Cheri Cannon, # 4 Exhibit Hillard Heintze Report, # 5 Exhibit Various emails)(Herrick, Steven) (Filed on 12/1/2021) Modified on 12/2/2021 (kmg, COURT STAFF). (Entered: 12/01/2021)
2021-12-0145NOTICE OF CROSS MOTION FOR SUMMARY JUDGMENT; MEMORNADUM OF POINTS AND AUTHORITIES filed by Henry Koltys. Motion Hearing set for 1/24/2022 09:30 AM in Do Not Use Videoconference Only before Magistrate Judge Sallie Kim. Responses due by 12/22/2021. (Attachments: # 1 Affidavit Affidavit of Henry Koltys, # 2 Exhibit Email dated March 11, 2020, # 3 Affidavit Affidavit of Cheri Cannon, # 4 Exhibit Hillard Heintze Report, # 5 Proposed Order) (Herrick, Steven) (Filed on 12/1/2021) Modified on 12/2/2021 (kmg, COURT STAFF). (Entered: 12/01/2021)
2021-12-1746STIPULATION AND [PROPOSED] ORDER re Briefing Schedule filed by Kilolo Kijakazi, Chad F. Wolf. (Attachments: # 1 Declaration of Pamela T. Johann)(Johann, Pamela) (Filed on 12/17/2021) (Entered: 12/17/2021)
2021-12-2047ORDER by Magistrate Judge Sallie Kim granting 46 Stipulation to Extend Reply Deadline. (mkl, COURT STAFF) (Filed on 12/20/2021) (Entered: 12/20/2021)
2021-12-20Set/Reset Deadlines as to 45 Cross MOTION for Summary Judgment . Responses due by 1/5/2022. (mkl, COURT STAFF) (Filed on 12/20/2021) (Entered: 12/20/2021)
2022-01-0548DEFENDANTS REPLY RE MOTION TO DISMISS OR FOR SUMMARY JUDGMENT AND OPPOSITION TO PLAINTIFFS CROSS-MOTION FOR SUMMARY JUDGMENT (re 36 MOTION for Summary Judgment or Motion to Dismiss or to Transfer , 45 Cross MOTION for Summary Judgment ) filed by Kilolo Kijakazi, Chad F. Wolf. (Johann, Pamela) (Filed on 1/5/2022) (Entered: 01/05/2022)
2022-01-0549DECLARATION of Mary Ann Zimmerman in Support of 48 REPLY RE MOTION TO DISMISS OR FOR SUMMARY JUDGMENT AND OPPOSITION TO PLAINTIFFS CROSSMOTION FOR SUMMARY JUDGMENT filed byilolo Kijakazi, Chad F. Wolf. (Attachments: # 1 Exhibit A)(Related document(s) 48 ) (Johann, Pamela) (Filed on 1/5/2022) (Entered: 01/05/2022)
2022-01-1250REPLY (re 45 Cross MOTION for Summary Judgment ) filed byHenry Koltys. (Herrick, Steven) (Filed on 1/12/2022) (Entered: 01/12/2022)
2022-01-2451Minute Entry for proceedings held by Zoom before Magistrate Judge Sallie Kim: Motion Hearing held on 1/24/2022 re 36 MOTION for Summary Judgment or Motion to Dismiss or to Transfer filed by Chad F. Wolf, Kilolo Kijakazi and 45 Cross MOTION for Summary Judgment filed by Henry Koltys. Matter is taken under submission. The Court will issue a written order. Zoom Recording Time: 9:39-9:46. Attorney for Plaintiff: Steven Herrick. Attorney for Defendants: Pamela Johann. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Date Filed: 1/24/2022) (Entered: 01/24/2022)
2022-01-2652NOTICE re: Consent to Change of Venue by Henry Koltys (Herrick, Steven) (Filed on 1/26/2022) Modified on 1/27/2022 (slh, COURT STAFF). (Entered: 01/26/2022)
2022-01-2853ORDER by Magistrate Judge Sallie Kim regarding 36 Motion for Summary Judgment and 45 Cross-Motion for Summary Judgment, to Dismiss, or to Transfer Venue. (sklc2, COURT STAFF) (Filed on 1/28/2022) (Entered: 01/28/2022)
2022-01-28Remark: Case File Electronically Transferred to the Central District of California. (msr, COURT STAFF) (Filed on 1/28/2022) (Entered: 01/28/2022)
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