Skip to content

Case Detail

[Subscribe to updates]
Case TitleSierra Club v. United States Department of Agriculture et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2008cv04248
Date Filed2008-09-09
Date Closed2010-04-07
JudgeHon. Samuel Conti
PlaintiffSierra Club
Case DescriptionThe Sierra Club submitted a FOIA request to the Department of Agriculture and the Rural Utilities Service for records concerning loans made to Brazos. The Sierra Club made a second more-targeted request. The agency responded to that request, withholding and redacting records under Exemption 4 (confidential business information) and Exemption 5 (privileges). The Sierra Club filed an administrative appeal, but after hearing nothing further from the agency, the Sierra Club filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Agriculture
DefendantRural Utilities Services
DefendantBrazos Electric Power Cooperative, Inc.
DefendantDft
Documents
Docket
Complaint
Opinion/Order [28]
FOIA Project Annotation: A federal court in California has declined to transfer a case brought by the Sierra Club against the Department of Agriculture for information about financial assistance to electrical cooperatives in Texas and Kentucky. Brazos, the Texas cooperative, petitioned to intervene in the case and then petitioned to have the case moved to either Texas or the District of Columbia. Although the FOIA request pertaining to Brazos had been filed by the Sierra Club chapter in Austin, the court found that because the Sierra Club was incorporated in California that state was its principal place of business. Assessing the factors that promoted transfer, the court noted convenience of the parties and witnesses did not favor Brazos' request to move the case to Texas or the District of Columbia since the litigation also included the cooperative in Kentucky. Rejecting Brazos' request, the court observed that "the Sierra Club seeks documents from the Rural Utilities Service which, as an agency of the United States, can be presumed to have its office in the District of Columbia. The Rural Utilities Service, however, has not moved to transfer the venue; rather, Brazos seeks to move the action. As Sierra Club does not seek documents from Brazos, the location of the documents in the District of Columbia, if in fact that is where they are, does not help Brazos' Motion."
Issues: Litigation - Jurisdiction - Venue
Opinion/Order [39]
Opinion/Order [49]
Opinion/Order [53]
Opinion/Order [57]
Opinion/Order [59]
Opinion/Order [61]
Opinion/Order [65]
FOIA Project Annotation: A federal court in California has declined to transfer a case brought by the Sierra Club against the Department of Agriculture for information about financial assistance to electrical cooperatives in Texas and Kentucky. Brazos, the Texas cooperative, petitioned to intervene in the case and then petitioned to have the case moved to either Texas or the District of Columbia. Although the FOIA request pertaining to Brazos had been filed by the Sierra Club chapter in Austin, the court found that because the Sierra Club was incorporated in California that state was its principal place of business. Assessing the factors that promoted transfer, the court noted convenience of the parties and witnesses did not favor Brazos' request to move the case to Texas or the District of Columbia since the litigation also included the cooperative in Kentucky. Rejecting Brazos' request, the court observed that "the Sierra Club seeks documents from the Rural Utilities Service which, as an agency of the United States, can be presumed to have its office in the District of Columbia. The Rural Utilities Service, however, has not moved to transfer the venue; rather, Brazos seeks to move the action. As Sierra Club does not seek documents from Brazos, the location of the documents in the District of Columbia, if in fact that is where they are, does not help Brazos' Motion."
Issues: Litigation - Jurisdiction - Venue
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2008-09-091COMPLAINT against United States Department of Agriculture, Rural Utilities Services ( Filing fee $ 350, receipt number 34611023238.). Filed bySierra Club. (ga, COURT STAFF) (Filed on 9/9/2008) (Entered: 09/11/2008)
2008-09-092Summons Issued as to United States Department of Agriculture, Rural Utilities Services, U.S. Attorney and U.S. Attorney General (ga, COURT STAFF) (Filed on 9/9/2008) (Entered: 09/11/2008)
2008-09-093Disclosure Statement re 1 Complaint filed bySierra Club. (ga, COURT STAFF) (Filed on 9/9/2008) (Entered: 09/11/2008)
2008-09-094ADR SCHEDULING ORDER: Case Management Statement due by 12/10/2008. Case Management Conference set for 12/17/2008 10:30 AM.. Signed by Judge James Larson on 9/9/08. (Attachments: # 1 Judge Standing Order, # 2 Court Standing Order, # 3 Consent/Decline FOrm)(ga, COURT STAFF) (Filed on 9/9/2008) (Entered: 09/11/2008)
2008-09-095MOTION for attorney William S.Eubanks II leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611023239.) filed by Sierra Club. (ga, COURT STAFF) (Filed on 9/9/2008) (Additional attachment(s) added on 9/11/2008: # 1 Application for PHV) (ga, COURT STAFF). (Entered: 09/11/2008)
2008-09-096MOTION for Howard Crystal leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611023239.) filed by Sierra Club. (Attachments: # 1 Proposed Order)(ga, COURT STAFF) (Filed on 9/9/2008) (Entered: 09/11/2008)
2008-09-157ORDER by Judge James Larson Granting Admission 6 Motion for Pro Hac Vice (jlsec, COURT STAFF) (Filed on 9/15/2008) (Entered: 09/16/2008)
2008-09-158ORDER by Judge James Larson Granting Admission 5 Motion for Pro Hac Vice (jlsec, COURT STAFF) (Filed on 9/15/2008) (Entered: 09/16/2008)
2008-09-239Summons Issued as to United States Department of Agriculture, Rural Utilities Services, U.S. Attorney and U.S. Attorney General (ga, COURT STAFF) (Filed on 9/23/2008) (Entered: 09/23/2008)
2008-10-0310Declination to Proceed Before a U.S. Magistrate Judge by United States Department of Agriculture. (Pyle, Michael) (Filed on 10/3/2008) (Entered: 10/03/2008)
2008-10-0611CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (wh, COURT STAFF) (Filed on 10/6/2008) (Entered: 10/06/2008)
2008-10-0612ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Samuel Conti for all further proceedings. Judge Magistrate Judge James Larson no longer assigned to the case.. Signed by Executive Committee on 10/6/08. (as, COURT STAFF) (Filed on 10/6/2008) (Entered: 10/06/2008)
2008-10-0713CLERKS NOTICE Case Management Conference set for 12/19/2008 10:00 AM. (tdm, COURT STAFF) (Filed on 10/7/2008) (Entered: 10/07/2008)
2008-10-2414ANSWER to Complaint byUnited States Department of Agriculture. (Pyle, Michael) (Filed on 10/24/2008) (Entered: 10/24/2008)
2008-10-2915MOTION to Amend/Correct 1 Complaint filed by Sierra Club. Motion Hearing set for 12/19/2008 10:00 AM in Courtroom 1, 17th Floor, San Francisco. (Attachments: # 1 Amended Complaint, # 2 Declaration of Patrick Gallgher, # 3 Proposed Order Proposed Order)(Eubanks, William) (Filed on 10/29/2008) (Entered: 10/29/2008)
2008-10-3016AFFIDAVIT of Service for Complaint and Summons served on U.S. Attorney for the Northern District of California; U.S. Attorney General; U.S. Dept. of Agriculture; and Rural Utilities Service on September 29, 2008 through October 1, 2008, filed by Sierra Club. (Attachments: # 1 Recipts of Service)(Eubanks, William) (Filed on 10/30/2008) (Entered: 10/30/2008)
2008-11-1417MOTION to Intervene and Memorandum of Points and Authorities filed by Brazos Electric Power Cooperative, Inc.. Motion Hearing set for 12/19/2008 10:00 AM in Courtroom 1, 17th Floor, San Francisco. (Attachments: # 1 Answer of Intervening Defendant Brazos Electric Power Cooperative, Inc., # 2 Declaration of Hugh Lenox, # 3 Proposed Order)(Goldberg, James) (Filed on 11/14/2008) (Entered: 11/14/2008)
2008-11-1418MOTION to Change Venue filed by Brazos Electric Power Cooperative, Inc.. Motion Hearing set for 12/19/2008 10:00 AM in Courtroom 1, 17th Floor, San Francisco. (Attachments: # 1 Declaration of Hugh Lenox, # 2 Proposed Order)(Goldberg, James) (Filed on 11/14/2008) (Entered: 11/14/2008)
2008-11-2119ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Sierra Club (Eubanks, William) (Filed on 11/21/2008) (Entered: 11/21/2008)
2008-11-2120NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Eubanks, William) (Filed on 11/21/2008) (Entered: 11/21/2008)
2008-11-2121ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Pyle, Michael) (Filed on 11/21/2008) (Entered: 11/21/2008)
2008-11-2422Statement of Non-Opposition re 15 MOTION to Amend/Correct 1 Complaint MOTION to Amend/Correct 1 Complaint filed byUnited States Department of Agriculture. (Related document(s) 15 ) (Pyle, Michael) (Filed on 11/24/2008) (Entered: 11/24/2008)
2008-11-2423Statement of Non-Opposition re 18 MOTION to Change Venue filed byUnited States Department of Agriculture. (Related document(s) 18 ) (Pyle, Michael) (Filed on 11/24/2008) (Entered: 11/24/2008)
2008-11-2424Statement of Non-Opposition re 17 MOTION to Intervene and Memorandum of Points and Authorities filed byUnited States Department of Agriculture. (Related document(s) 17 ) (Pyle, Michael) (Filed on 11/24/2008) (Entered: 11/24/2008)
2008-11-2625STIPULATION AND [PROPOSED] ORDER by Parties to File Amended Complaint by Sierra Club. (Attachments: # 1 Amended Complaint)(Eubanks, William) (Filed on 11/26/2008) Modified on 12/2/2008 (aaa, Court Staff). (Entered: 11/26/2008)
2008-11-2626Memorandum in Opposition to Brazos' 17 Motion to Intervene filed bySierra Club. (Attachments: # 1 Proposed Order)(Eubanks, William) (Filed on 11/26/2008) Modified on 12/2/2008 (aaa, Court Staff). (Entered: 11/26/2008)
2008-11-2627Memorandum in Opposition to Brazos' 18 Motion to Change Venue filed bySierra Club. (Attachments: # 1 Affidavit Gallagher Declaration, # 2 Affidavit Hitt Declaration, # 3 Letter from Texas Sec. of State, # 4 Proposed Order)(Eubanks, William) (Filed on 11/26/2008) Modified on 12/2/2008 (aaa, Court Staff). (Entered: 11/26/2008)
2008-12-0228STIPULATION AND ORDER for the Filing of Amended Complaint. Signed by Judge Samuel Conti on 12/2/08. (tdm, COURT STAFF) (Filed on 12/2/2008) (Entered: 12/02/2008)
2008-12-0329MOTION for leave for admission of Attorney Edward D. ("Ed") Burbach to appear in Pro Hac Vice ( Filing fee $ 210.00, receipt number 3461026102.) filed by Brazos Electric Power Cooperative, Inc. (Attachments: # 1 [Proposed] Order )(aaa, Court Staff) (Filed on 12/3/2008) (Entered: 12/04/2008)
2008-12-0530Reply to Opposition re 18 MOTION to Change Venue filed byBrazos Electric Power Cooperative, Inc.. (Goldberg, James) (Filed on 12/5/2008) (Entered: 12/05/2008)
2008-12-0531REPLY to Response to Motion re 17 MOTION to Intervene and Memorandum of Points and Authorities filed byBrazos Electric Power Cooperative, Inc.. (Attachments: # 1 Proposed Order)(Goldberg, James) (Filed on 12/5/2008) (Entered: 12/05/2008)
2008-12-0932ADR Clerks Notice Setting ADR Phone Conference on 12/15/08 at 2:00 p.m. Please take note that plaintiff's counsel initiates the call to all parties. (tjs, COURT STAFF) (Filed on 12/9/2008) (Entered: 12/09/2008)
2008-12-0933ORDER by Judge Samuel Conti granting 29 Motion for attorney Edward Burbach to appear Pro Hac Vice (tdm, COURT STAFF) (Filed on 12/9/2008) (Entered: 12/09/2008)
2008-12-1234JOINT CASE MANAGEMENT STATEMENT filed by United States Department of Agriculture. (Pyle, Michael) (Filed on 12/12/2008) (Entered: 12/12/2008)
2008-12-15ADR Remark: ADR Phone Conference held by HAH on 12/15/08. (tjs, COURT STAFF) (Filed on 12/15/2008) (Entered: 12/17/2008)
2008-12-1735CLERKS NOTICE Case Management Conference set for 12/19/08 is continued to 1/23/2009 10:00 AM. (tdm, COURT STAFF) (Filed on 12/17/2008) (Entered: 12/17/2008)
2008-12-1836Reply to Opposition re 18 MOTION to Change Venue [Amended to attach Exhibits A and B] filed byBrazos Electric Power Cooperative, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Goldberg, James) (Filed on 12/18/2008) (Entered: 12/18/2008)
2008-12-1837MOTION to Intervene filed by East Kentucky Power Cooperative, Inc.. Motion Hearing set for 2/20/2009 10:00 AM in Courtroom 1, 17th Floor, San Francisco. (Attachments: # 1 Signature Page (Declarations/Stipulations) Declaration of Robert M. Marshall, # 2 Answer to Plaintiff's Amended Complaint, # 3 Proposed Order)(Goldberg, James) (Filed on 12/18/2008) (Entered: 12/18/2008)
2008-12-1838Certificate of Interested Entities by East Kentucky Power Cooperative, Inc. (Goldberg, James) (Filed on 12/18/2008) (Entered: 12/18/2008)
2008-12-1939ORDER by Judge Samuel Conti granting 17 Motion to Intervene; denying 18 Motion to Change Venue (sclc2, COURT STAFF) (Filed on 12/19/2008) (Entered: 12/19/2008)
2008-12-2240MOTION for leave for admission of Attorney David A. Smart to appear in Pro Hac Vice ( Filing fee $ 210.00, receipt number 34611026794.) filed by East Kentucky Power Cooperative, Inc.. (Attachments: # 1 [Proposed] Order )(aaa, Court Staff) (Filed on 12/22/2008) (Entered: 12/23/2008)
2008-12-2241MOTION for leave for admission of Attorney Timothy J. Hagerty to appear in Pro Hac Vice ( Filing fee $ 210.00, receipt number 34611026794.) filed by East Kentucky Power Cooperative, Inc.. (Attachments: # 1 [Proposed] Order )(aaa, Court Staff) (Filed on 12/22/2008) (Additional attachment(s) added on 12/23/2008: # 2 HagertyApplication) (aaa, Court Staff). (Entered: 12/23/2008)
2008-12-2342Statement of Non-Opposition to East Kentucky Power Cooperative Inc.'s 37 Motion to Intervene filed byUnited States Department of Agriculture. (Pyle, Michael) (Filed on 12/23/2008) Modified on 12/24/2008 (aaa, Court Staff). (Entered: 12/23/2008)
2009-01-0743ORDER by Judge Samuel Conti granting 40 Motion for Attorney David Smart to Appear Pro Hac Vice (tdm, COURT STAFF) (Filed on 1/7/2009) (Entered: 01/07/2009)
2009-01-0744ORDER by Judge Samuel Conti granting 41 Motion for Attorney Timothy Hagerty to Appear Pro Hac Vice (tdm, COURT STAFF) (Filed on 1/7/2009) (Entered: 01/07/2009)
2009-01-0845ANSWER to Complaint Plaintiff Sierra Club's First Amended Complaint byUnited States Department of Agriculture. (Pyle, Michael) (Filed on 1/8/2009) (Entered: 01/08/2009)
2009-01-0946STIPULATION and [PROPOSED] ORDER To Reschedule Initial Case Management Conference From January 23, 2009 to May 29, 2009 by Sierra Club. (Eubanks, William) (Filed on 1/9/2009) Modified on 1/13/2009 (aaa, Court Staff). (Entered: 01/09/2009)
2009-01-0947ANSWER to Complaint of Intervening Defendant byBrazos Electric Power Cooperative, Inc.. (Attachments: # 1 Certificate of Service)(Goldberg, James) (Filed on 1/9/2009) (Entered: 01/09/2009)
2009-01-1348Statement of Non-Opposition re 37 MOTION to Intervene filed bySierra Club. (Related document(s) 37 ) (Eubanks, William) (Filed on 1/13/2009) (Entered: 01/13/2009)
2009-01-1449STIPULATION AND ORDER Initial Case Management Conference set for 1/23/09 is continued to 5/29/2009 10:00 AM.. Signed by Judge Samuel Conti on 1/13/09. (tdm, COURT STAFF) (Filed on 1/14/2009) (Entered: 01/14/2009)
2009-02-2350ORDER by Judge Samuel Conti granting 37 Motion to Intervene (sclc2, COURT STAFF) (Filed on 2/23/2009) (Entered: 02/23/2009)
2009-02-2451Answer to Amended Complaint byEast Kentucky Power Cooperative, Inc.. (Attachments: # 1 Certificate of Service)(Goldberg, James) (Filed on 2/24/2009) (Entered: 02/24/2009)
2009-05-0752STIPULATION and [Proposed] Order to Contimue Case Management Conference by United States Department of Agriculture. (Pyle, Michael) (Filed on 5/7/2009) (Entered: 05/07/2009)
2009-05-0853STIPULATION AND ORDER Case Management Conference set for 5/29/09 is continued to 7/10/2009 10:00 AM.. Signed by Judge Samuel Conti on 5/8/09. (tdm, COURT STAFF) (Filed on 5/8/2009) (Entered: 05/08/2009)
2009-05-1254*** FILED IN ERROR. PLEASE IGNORE. *** ADR Clerks Notice Setting ADR Phone Conference on 5/20/09 at 9:30 a.m. Please note that the ADR office initiates the call to all parties. (sgd, COURT STAFF) (Filed on 5/12/2009) Modified on 5/12/2009 (sgd, COURT STAFF). (Entered: 05/12/2009)
2009-05-12ADR Remark: A further ADR phone conference has been scheduled for 7/7/09 at 10:00 a.m. (sgd, COURT STAFF) (Filed on 5/12/2009) (Entered: 05/12/2009)
2009-07-0155JOINT CASE MANAGEMENT STATEMENT filed by United States Department of Agriculture. (Pyle, Michael) (Filed on 7/1/2009) (Entered: 07/01/2009)
2009-07-0256STIPULATION and [Proposed] Order to Vacate Case Management Conference and Enter Order Establishing Schedule for Resolution of Case by United States Department of Agriculture. (Pyle, Michael) (Filed on 7/2/2009) (Entered: 07/02/2009)
2009-07-0257STIPULATION AND ORDER: The Case Management Conference set for July 10, 2009 is off calendar. Cross Motions for Summary Judgment will be heard on February 5, 2010 at 10:00 a.m. Signed by Judge Samuel Conti on 7/2/09. (tdm, COURT STAFF) (Filed on 7/2/2009) (Entered: 07/02/2009)
2009-07-07ADR Remark: ADR Phone Conference held by HAH on 7/7/09. A further ADR Phone Conference has been scheduled for 10/21/09 at 1:00 p.m. (sgd, COURT STAFF) (Filed on 7/7/2009) (Entered: 07/07/2009)
2009-10-2958STIPULATION Stipulated Request and [Proposed] Order to Extend the Briefing Schedule by Sixty (60) Days by United States Department of Agriculture. (Pyle, Michael) (Filed on 10/29/2009) (Entered: 10/29/2009)
2009-10-3059STIPULATION AND ORDER Extending the Briefing Schedule by 60 days. Cross Motions for Summary Judgment will be heard on 4/16/2010 at 10:00 a.m. Signed by Judge Samuel Conti on 10/30/09. (tdm, COURT STAFF) (Filed on 10/30/2009) (Entered: 10/30/2009)
2009-11-16ADR Remark: A further ADR Phone Conference has been scheduled for 12/14/09 at 2:00 p.m. (sgd, COURT STAFF) (Filed on 11/16/2009) (Entered: 11/16/2009)
2010-01-1260STIPULATION Stipulated Request and [Proposed] Order to Further Extend the Briefing Schedule by Sixty (60) Days by Sierra Club. (Eubanks, William) (Filed on 1/12/2010) (Entered: 01/12/2010)
2010-01-1461STIPULATION AND ORDER extending the briefing schedule and hearing date of Cross Motions for Summary Judgment. The new hearing date for Cross Motions for Summary Judgment is June 18, 2010. Signed by Judge Samuel Conti on 1/14/08. (tdm, COURT STAFF) (Filed on 1/14/2010) (Entered: 01/14/2010)
2010-01-2162NOTICE by United States Department of Agriculture of Unavailability (Pyle, Michael) (Filed on 1/21/2010) (Entered: 01/21/2010)
2010-03-3063STIPULATION RE: SETTLEMENT AGREEMENT by United States Department of Agriculture. (Pyle, Michael) (Filed on 3/30/2010) (Entered: 03/30/2010)
2010-04-0764STIPULATION Joint Stipulation for Dismissal with Prejudice by United States Department of Agriculture. (Pyle, Michael) (Filed on 4/7/2010) (Entered: 04/07/2010)
2010-04-0765STIPULATION AND ORDER DISMISSING CASE (tdm, COURT STAFF) (Filed on 4/7/2010) (Entered: 04/07/2010)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar