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Case TitleEcological Rights Foundation v. U.S. Department of Justice
DistrictNorthern District of California
CitySan Francisco
Case Number3:2022cv00078
Date Filed2022-01-06
Date Closed2023-11-16
JudgeJudge James Donato
PlaintiffEcological Rights Foundation
Case DescriptionEcological Rights Foundation submitted a FOIA request to the Department of Justice for records concerning the Fitzpatrick Matrix. The agency acknowledged receipt of the request and told ERF that it had referred the request to the FBI for processing. After hearing nothing further from the agency, ERF filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Department of Justice
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-01-061COMPLAINT against U.S. Department of Justice ( Filing fee $ 402, receipt number ACANDC-16778578.). Filed byEcological Rights Foundation. (Attachments: # 1 Civil Cover Sheet)(Sproul, Christopher) (Filed on 1/6/2022) (Entered: 01/06/2022)
2022-01-062Certificate of Interested Entities by Ecological Rights Foundation (Sproul, Christopher) (Filed on 1/6/2022) (Entered: 01/06/2022)
2022-01-063Case assigned to Magistrate Judge Alex G. Tse. 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 1/20/2022. (mbc, COURT STAFF) (Filed on 1/6/2022) (Entered: 01/06/2022)
2022-01-064Proposed Summons. (Attachments: # 1 Summons - Proposed Summons)(Sproul, Christopher) (Filed on 1/6/2022) (Entered: 01/06/2022)
2022-01-065Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/1/2022. Initial Case Management Conference set for 4/8/2022 02:00 PM in San Francisco, Courtroom A, 15th Floor. (msr, COURT STAFF) (Filed on 1/6/2022) (Entered: 01/06/2022)
2022-01-066Summons Issued as to U.S. Department of Justice, U.S. Attorney and U.S. Attorney General (msr, COURT STAFF) (Filed on 1/6/2022) (Entered: 01/06/2022)
2022-01-077CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ecological Rights Foundation.. (Wilcox, Stuart) (Filed on 1/7/2022) (Entered: 01/07/2022)
2022-01-078CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. 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. (shy, COURT STAFF) (Filed on 1/7/2022) (Entered: 01/07/2022)
2022-01-109ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Magistrate Judge Alex G. Tse no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 1/10/22. (Attachments: # 1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 1/10/2022) (Entered: 01/10/2022)
2022-01-1210CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 4/7/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 3/31/2022. Signed by Judge James Donato on 1/12/2022. (lrc, COURT STAFF) (Filed on 1/12/2022) (Entered: 01/12/2022)
2022-02-0911ANSWER to Complaint byU.S. Department of Justice. (Attachments: # 1 Exhibit 1: FOIA Request)(Smith, Valerie) (Filed on 2/9/2022) (Entered: 02/09/2022)
2022-02-1012CERTIFICATE OF SERVICE by Ecological Rights Foundation re 1 Complaint (Attachments: # 1 Exhibit - Email Providing Certified Mail Tracking Numbers, # 2 Exhibit - Delivery Confirmation)(Wilcox, Stuart) (Filed on 2/10/2022) (Entered: 02/10/2022)
2022-03-3013STIPULATION WITH PROPOSED ORDER to continue CMC and associated deadlines from April 7, 2022 to May 26, 2022 filed by U.S. Department of Justice. (Attachments: # 1 Declaration of Valerie E. Smith)(Smith, Valerie) (Filed on 3/30/2022) (Entered: 03/30/2022)
2022-03-3114ORDER. At the parties' joint request, Dkt. No. 13, the case management conference scheduled for April 7, 2022, is continued to May 26, 2022, at 10:00 a.m. The parties are directed to file a joint case management statement by May 19, 2022. Signed by Judge James Donato on 3/31/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 3/31/2022) (Entered: 03/31/2022)
2022-05-0915ADR 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 5/9/2022) (Entered: 05/09/2022)
2022-05-1016ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Smith, Valerie) (Filed on 5/10/2022) (Entered: 05/10/2022)
2022-05-1017ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Wilcox, Stuart) (Filed on 5/10/2022) (Entered: 05/10/2022)
2022-05-1918STIPULATION WITH PROPOSED ORDER to continue CMC and associated deadlines to July 14,2022 filed by U.S. Department of Justice. (Attachments: # 1 Declaration of Valerie E. Smith)(Smith, Valerie) (Filed on 5/19/2022) (Entered: 05/19/2022)
2022-05-2319MOTION to Appear by Telephone or Videoconference at the Case Management Conference filed by Ecological Rights Foundation. (Attachments: # 1 Proposed Order)(Wilcox, Stuart) (Filed on 5/23/2022) (Entered: 05/23/2022)
2022-05-2420ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 7/7/2022. Initial Case Management Conference set for 7/14/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Signed by Judge James Donato on 5/24/2022. (jdlc3, COURT STAFF) (Filed on 5/24/2022) (Entered: 05/24/2022)
2022-07-0721STIPULATION WITH PROPOSED ORDER continuing CMC and JCMS filed by U.S. Department of Justice. (Smith, Valerie) (Filed on 7/7/2022) (Entered: 07/07/2022)
2022-07-1122ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Signed by Judge James Donato on 7/11/2022. (jdlc3, COURT STAFF) (Filed on 7/11/2022) (Entered: 07/11/2022)
2022-08-2223STIPULATION WITH PROPOSED ORDER to continue CMC and corresponding deadlines filed by U.S. Department of Justice. (Smith, Valerie) (Filed on 8/22/2022) (Entered: 08/22/2022)
2022-08-2624ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Signed by Judge James Donato on 8/26/2022. (jdlc3, COURT STAFF) (Filed on 8/26/2022) (Entered: 08/26/2022)
2022-09-2825STIPULATION WITH PROPOSED ORDER to continue CMC from October 6, 2022 to December 8, 2022 at 10:00 am filed by U.S. Department of Justice. (Smith, Valerie) (Filed on 9/28/2022) (Entered: 09/28/2022)
2022-09-2926ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Case management statement due by December 1, 2022. Initial case management conference set for December 8, 2022, at 10:00 a.m. in San Francisco, Courtroom 11, 19th Floor. Signed by Judge James Donato on 9/29/2022. (jdlc3, COURT STAFF) (Filed on 9/29/2022) (Entered: 09/29/2022)
2022-12-0127STIPULATION WITH PROPOSED ORDER to continue CMC filed by U.S. Department of Justice. (Smith, Valerie) (Filed on 12/1/2022) (Entered: 12/01/2022)
2022-12-0128ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Case management statement due by December 29, 2022. Initial case management conference set for January 5, 2023. Signed by Judge James Donato on 12/1/2022. (jdlc3, COURT STAFF) (Filed on 12/1/2022) (Entered: 12/01/2022)
2022-12-2829STIPULATION WITH PROPOSED ORDER to continue CMC to March 9, 2023 filed by U.S. Department of Justice. (Smith, Valerie) (Filed on 12/28/2022) (Entered: 12/28/2022)
2022-12-2930ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Signed by Judge James Donato on 12/29/2022. (jdlc3, COURT STAFF) (Filed on 12/29/2022) (Entered: 12/29/2022)
2023-03-0231JOINT CASE MANAGEMENT STATEMENT filed by U.S. Department of Justice. (Smith, Valerie) (Filed on 3/2/2023) (Entered: 03/02/2023)
2023-03-0632ORDER. The case is referred to Magistrate Judge Cisneros for settlement. The case management conference set for March 9, 2023, is vacated pending further order. Signed by Judge James Donato on 3/6/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 3/6/2023) (Entered: 03/06/2023)
2023-03-0733CLERKS NOTICE SETTING TELEPHONICE PRE-SETTLEMENT CONFERENCE.Notice is hereby given to all parties that Magistrate Judge Lisa J. Cisneros will convene a telephonic pre-settlement conference to discuss timing and preparation for the settlement conference. Judge Cisneros anticipates that the phone call will last approximately 15-30 minutes. Lead Counsel for all parties shall participate. The conference call shall take place on May 11, 2023 at 10:30 a.m. via the AT&T Teleconference Line. Teleconference Line: (877) 336-1831; Access Code: 6668569. If counsel for either side is not available for the above date they must meet and confer with the other side and send an email to Judge Cisneros's CRD, Brittany Sims at ljccrd@cand.uscourts.gov providing a new date(s) to the Court within three business days. The parties are directed to review, in advance of the telephone pre-settlement conference Judge Cisneros's Settlement Standing Order on Judge Cisneros's webpage, by going to https://www.cand.uscourts.gov/wp-content/uploads/judges/cisneros-ljc/LJC-SettlementConferenceStandingOrder.pdf The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. PLEASE NOTE: 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. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bns, COURT STAFF) (Filed on 3/7/2023) (Entered: 03/07/2023)
2023-03-07CASE REFERRED to Magistrate Judge Lisa J. Cisneros for Settlement. (mkl, COURT STAFF) (Filed on 3/7/2023) (Entered: 03/07/2023)
2023-05-1134Minute Entry for proceedings held before Magistrate Judge Lisa J. Cisneros: Telephonic Pre-Settlement Conference held on 5/11/2023. Total Time in Court: 19 minutes. Court Reporter: Not Reported. Plaintiff Attorney: Christopher Sproul. Defendant Attorney: Valerie Smith and Nicole Moore. Results: The settlement conference will be held on Zoom on Friday, July 7th, starting at 10:00 am. The parties shall submit by May 18, 2023, their prior correspondence stating their respective positions regarding their attorney fee dispute to ljcsettlement@cand.uscourts.gov. In addition, the Court requires the submission of the attorney billing records that Plaintiff previously provided to Defendant. The parties are relieved of strict compliance with the requirements set forth in B.1 through B.6 of the Settlement Conference Standing Order for Magistrate Judge Lisa J. Cisneros. Given the limited scope of the dispute, Plaintiffs Settlement Conference Statement shall address B.6, and provide any other information that it believes may be useful to the Court. Defendants Settlement Conference Statement shall address B.6 and B.7, and provide any other information that it believes may be useful to the Court. The parties are similarly relieved of strict compliance with C.1 through C.6, concerning their confidential letters, but shall provide information that is relevant and helpful for resolution of the fee dispute. Webinar Access: Judge Cisneros will conduct the settlement conference in her designated non-public Zoom Meeting "room." The non-public Zoom Meeting link is available on Judge Cisneros's webpage, by going to: https://www.cand.uscourts.gov/lisa-j-cisneros/ Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at ljccrd@cand.uscourts.gov no later than July 6, 2023 at 2:00 PM PST. 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: https://www.cand.uscourts.gov/zoom/ . (bns, COURT STAFF) (Date Filed: 5/11/2023) (Entered: 05/11/2023)
2023-07-0735Minute Entry for proceedings held before Magistrate Judge Lisa J. Cisneros: Settlement Conference held on 7/7/2023 via Zoom.Total Time in Court: 3 hours and 28 minutes. Recorded by Zoom: 1:42 p.m.- 1:46 p.m.. Plaintiff Attorney: Christopher Sproul, Environmental Advocates, counsel for plaintiff; Rachel Rosner, Board of Directors Member for Ecological Rights Foundation. Defendant Attorney: Valerie Smith, United States Attorneys Office, counsel for defendant; Nicole Moore, Attorney Advisor for Executive Office for the US Attorney. Results: The case has resolved, as the attorney fee dispute has been settled and no other disputes in the case remain. The settlement agreement was entered into on the record and is binding.(bns, COURT STAFF) (Date Filed: 7/7/2023) (Entered: 07/07/2023)
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