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Case TitleU.S. Right to Know v. United States Defense Threat Reduction Agency
DistrictNorthern District of California
CitySan Francisco
Case Number3:2022cv00299
Date Filed2022-01-14
Date Closed2022-09-26
JudgeMagistrate Judge Joseph C. Spero
PlaintiffU.S. Right to Know
Case DescriptionU.S. Right to Know submitted a FOIA request to the Defense Threat Reduction Agency for records concerning the accidental or deliberate release of biological agents in dual-use biosafety research facilities throughout the world. USTK also requested a fee waiver. The agency acknowledged receipt of the request. USTK requested and received an estimated date of completion. However, after hearing nothing further from the agency, USTK filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Defense Threat Reduction Agency
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-01-141COMPLAINT against United States Defense Threat Reduction Agency ( Filing fee $ 402, receipt number ACANDC-16807262.). Filed byU.S. Right to Know. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Doughty, Rachel) (Filed on 1/14/2022) (Entered: 01/14/2022)
2022-01-142Proposed Summons. (Attachments: # 1 Summons Proposed Summons, # 2 Summons Proposed Summons)(Doughty, Rachel) (Filed on 1/14/2022) (Entered: 01/14/2022)
2022-01-143Case 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 1/28/2022. (jlg, COURT STAFF) (Filed on 1/14/2022) (Entered: 01/14/2022)
2022-01-144Corporate Disclosure Statement by U.S. Right to Know (Doughty, Rachel) (Filed on 1/14/2022) (Entered: 01/14/2022)
2022-01-185Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/8/2022. Initial Case Management Conference set for 4/15/2022 at 2:00 PM in San Francisco, Courtroom F, 15th Floor. (wsn, COURT STAFF) (Filed on 1/18/2022) (Entered: 01/18/2022)
2022-01-186Summons Issued as to United States Defense Threat Reduction Agency, U.S. Attorney and U.S. Attorney General. (wsn, COURT STAFF) (Filed on 1/18/2022) (Entered: 01/18/2022)
2022-01-317CLERK'S NOTICE 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. (Party/parties were also notified via telephone or email.) Consent/Declination due by 2/14/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 1/31/2022) (Entered: 01/31/2022)
2022-02-098CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by U.S. Right to Know.. (Doughty, Rachel) (Filed on 2/9/2022) (Entered: 02/09/2022)
2022-02-119SUMMONS RETURNED EXECUTED by U.S. Right to Know. U.S. Attorney's Office served on 1/18/22, answer due 3/19/22 (Doughty, Rachel) (Filed on 2/11/2022) Modified on 2/11/2022 (mcl, COURT STAFF). (Entered: 02/11/2022)
2022-02-1110SUMMONS RETURNED EXECUTED by U.S. Right to Know. U.S. Attorney General served on 1/18/22, answer due 3/19/22. (Doughty, Rachel) (Filed on 2/11/2022) Modified on 2/11/2022 (mcl, COURT STAFF). (Entered: 02/11/2022)
2022-02-1111SUMMONS RETURNED EXECUTED by U.S. Right to Know. Defendant United States Defense Threat Reduction Agency served on 1/18/22, answer due 3/19/22. (Doughty, Rachel) (Filed on 2/11/2022) Modified on 2/11/2022 (mcl, COURT STAFF). (Entered: 02/11/2022)
2022-02-11Electronic filing error . Incorrect event used. The correct event is SUMMONS RETURNED EXECUTED located under the Initial Pleadings and Service/Service of Process category. [err101]Corrected by Clerk's Office. No further action is necessary. Re: 9 Certificate of Service filed by U.S. Right to Know, 11 Certificate of Service filed by U.S. Right to Know, 10 Certificate of Service filed by U.S. Right to Know. (mcl, COURT STAFF) (Filed on 2/11/2022) (Entered: 02/11/2022)
2022-02-2412MOTION for leave to appear in Pro Hac Vice Daniel C. Snyder ( Filing fee $ 317, receipt number ACANDC-16933860.) filed by U.S. Right to Know. (Snyder, Daniel) (Filed on 2/24/2022) (Entered: 02/24/2022)
2022-02-2513Order. Signed 2/25/2022 by Chief Magistrate Judge Joseph C. Spero granting 12 Motion for Pro Hac Vice - Dan Snyder for plaintiff.(klh, COURT STAFF) (Filed on 2/25/2022) (Entered: 02/25/2022)
2022-03-0314NOTICE of Appearance by Adrienne Zack (Zack, Adrienne) (Filed on 3/3/2022) (Entered: 03/03/2022)
2022-03-0315CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Defense Threat Reduction Agency.. (Zack, Adrienne) (Filed on 3/3/2022) (Entered: 03/03/2022)
2022-03-0316STIPULATION WITH PROPOSED ORDER To Extend Time Within Which to Answer or Respond and Continue Case Management Conference filed by United States Defense Threat Reduction Agency. (Attachments: # 1 Declaration of Adrienne Zack)(Zack, Adrienne) (Filed on 3/3/2022) (Entered: 03/03/2022)
2022-03-0417Order. Signed 3/4/2022 by Chief Magistrate Judge Joseph C. Spero granting 16 Stipulation to Extend Time To Answer/Respond and Continue Case Management Conference.(klh, COURT STAFF) (Filed on 3/4/2022) (Entered: 03/04/2022)
2022-03-04See Order 17 Set Deadlines/Hearings: Case Management Statement due by 5/20/2022. Initial Case Management Conference set for 5/27/2022 02:00 PM in San Francisco, - Videoconference Only. 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/jcs General Order 58. Persons gran ted 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/ . (klh, COURT STAFF) (Filed on 3/4/2022) (Entered: 03/04/2022)
2022-03-3118STIPULATION WITH PROPOSED ORDER To Extend Time Within Which to Answer or Respond and Continue Case Management Conference filed by United States Defense Threat Reduction Agency. (Attachments: # 1 Declaration)(Zack, Adrienne) (Filed on 3/31/2022) (Entered: 03/31/2022)
2022-04-0119Order. Signed 4/1/2022 by Chief Magistrate Judge Joseph C. Spero granting 18 Second Stipulation To Extend Time to Answer or Respond and Continue Case Mgmt Conference.(klh, COURT STAFF) (Filed on 4/1/2022) (Entered: 04/01/2022)
2022-04-01See Order 19 Set Deadlines/Hearings: Case Management Statement due by 7/1/2022. Initial Case Management Conference set for 7/8/2022 02:00 PM in San Francisco, - Videoconference Only. 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/jcs 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/ . (klh, COURT STAFF) (Filed on 4/1/2022) (Entered: 04/01/2022)
2022-06-0720STIPULATION WITH PROPOSED ORDER To Extend Time Within Which to Answer or Respond and Continue Case Management Conference filed by United States Defense Threat Reduction Agency. (Attachments: # 1 Declaration)(Zack, Adrienne) (Filed on 6/7/2022) (Entered: 06/07/2022)
2022-06-0821Order. Signed 6/8/2022 by Chief Magistrate Judge Joseph C. Spero granting 20 Third Joint Stipulation to Extend Time Within Which to Answer or Respond and Continue Case Management Conference.(klh, COURT STAFF) (Filed on 6/8/2022) (Entered: 06/08/2022)
2022-06-08See Order 21 Set Deadlines/Hearings: Case Management Statement due by 9/2/2022. Initial Case Management Conference set for 9/9/2022 02:00 PM in San Francisco, - Videoconference Only. 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/jcs 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/ . (klh, COURT STAFF) (Filed on 6/8/2022) (Entered: 06/08/2022)
2022-08-1722STIPULATION to Further Extend Deadline within which to Answer or Respond filed by United States Defense Threat Reduction Agency. (Zack, Adrienne) (Filed on 8/17/2022) (Entered: 08/17/2022)
2022-08-1823ORDER GRANTING re 22 Fourth Stipulation to Extend Time Within Which to Answer or Respond filed by United States Defense Threat Reduction Agency. Signed by Chief Magistrate Judge Joseph C. Spero on 8/18/2022. (klh, COURT STAFF) (Filed on 8/18/2022) (Entered: 08/18/2022)
2022-08-2624STIPULATION WITH PROPOSED ORDER and Notice of Settlement filed by United States Defense Threat Reduction Agency. (Attachments: # 1 Exhibit A)(Zack, Adrienne) (Filed on 8/26/2022) (Entered: 08/26/2022)
2022-08-3025Order. Signed as modified on 8/30/2022 by Chief Magistrate Judge Joseph C. Spero granting 24 Stipulation to Vacate Case Management Conference. See changes in bold (klh, COURT STAFF) (Filed on 8/30/2022) (Entered: 08/30/2022)
2022-08-30Set/Reset Hearing re 25 Order on Stipulation. Initial Case Management Conference set for 9/9/2022 is continued to 12/9/2022 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. This date will be vacated if the dismissal is filed before this date. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.usco urts.gov/jcs 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/ . (klh, COURT STAFF) (Filed on 8/30/2022) (Entered: 08/30/2022)
2022-09-2126NOTICE of Voluntary Dismissal by United States Defense Threat Reduction Agency (Zack, Adrienne) (Filed on 9/21/2022) (Entered: 09/21/2022)
2022-09-2627CLERK'S NOTICE Pursuant to the Notice of Voluntary Dismissal, the Initial Case Mgmt Conferenceset for 12/09/2022 is VACATED. This case will be closed. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 9/26/2022) (Entered: 09/26/2022)
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by FOIA Project Staff
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