Case Detail

FOIA Project Annotation: A federal court in California has ruled that portions of Justice Department records pertaining to the development of a proposed regulation detailing the certification process for state capital counsel systems are not protected by Exemption 5 (deliberative process privilege) or Exemption 6 (invasion of privacy). Judge Claudia Wilken agreed with the government that the records generally were subject to the privilege, but found various portions that did not qualify. Discussing the records individually, she noted that in one "the second and third paragraphs of the email contain a proposed response to an undisclosed question from a member of the news media. This portion of the document is not predecisional or deliberative because it was not prepared to assist an agency decision-maker in arriving at a substantive policy decision and does not bear on the formation of any such decision." Another document dealing with communications with Sen. Jon Kyl (R-AZ) also failed to qualify for the privilege. Wilken pointed out that "although it contains a minimal amount of information regarding the status of the regulation, it is not deliberative in nature and disclosure of this information would not expose the DOJ's decisionmaking process in such a way as to discourage candid discussion within the agency. In addition, according to the email string, this information was communicated to Senator Kyl's office." The plaintiff argued that the records were public under Executive Order No. 12,866, which required publication of a summary of changes made in a regulation as the result of OMB review. Wilken rejected the argument, saying that "the Court may not order disclosure of documents that are subject to the deliberative process privilege on the basis that Executive Order 12,866 carves out an exception to the privilege." The agency had also withheld information about its decision to hire Jennifer Goldstein, which the plaintiff argued was politically motivated, under Exemption 6. Rejecting the agency claim, Wilken observed that "although these documents contain professional opinions about Ms. Goldstein, the authors had little to say and the emails contain no personal information. Plaintiff's interestâ€"and the public's interestâ€"in determining whether Ms. Goldstein's hiring was improper is sufficient to outweigh the minimal privacy interest Ms. Goldstein may have in keeping these opinions from the public."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2008-05-27	1	COMPLAINT against United States Department of Justice, Michael B. Mukasey ( Filing fee $ 350.00, receipt number 34611019514.). Filed byHabeas Corpus Resource Center. (cp, COURT STAFF) (Filed on 5/27/2008) (cp, COURT STAFF). (Entered: 05/28/2008)
2008-05-27	2	Summons Issued as to United States Department of Justice, Michael B. Mukasey. (cp, COURT STAFF) (Filed on 5/27/2008) (cp, COURT STAFF). (Entered: 05/28/2008)
2008-05-27	3	ADR SCHEDULING ORDER: Case Management Statement due by 8/26/2008. Case Management Conference set for 9/2/2008 02:00 PM. (Attachments: # 1 Standing order)(cp, COURT STAFF) (Filed on 5/27/2008) (Entered: 05/28/2008)
2008-05-27		CASE DESIGNATED for Electronic Filing. (cp, COURT STAFF) (Filed on 5/27/2008) (Entered: 05/28/2008)
2008-06-13	4	CERTIFICATE OF SERVICE by Habeas Corpus Resource Center, SUMMONS Returned Executed by Habeas Corpus Resource Center. United States Department of Justice served on 6/11/2008, answer due 8/11/2008; Michael B. Mukasey served on 6/11/2008, answer due 8/11/2008., SUMMONS Returned Executed (FOIA) by Habeas Corpus Resource Center. United States Department of Justice served on 6/11/2008, answer due 8/11/2008; Michael B. Mukasey served on 6/11/2008, answer due 8/11/2008. (Saavedra, Barbara) (Filed on 6/13/2008) (Entered: 06/13/2008)
2008-06-24	5	MOTION for Extension of Time to File Answer re 1 Complaint filed by United States Department of Justice, Michael B. Mukasey. (Attachments: # 1 Affidavit, # 2 Proposed Order)(McElvain, Joel) (Filed on 6/24/2008) (Entered: 06/24/2008)
2008-06-27	6	Memorandum in Opposition to Defendants' Motion for Extension of Time to Respond to the Complaint filed byHabeas Corpus Resource Center. (Saavedra, Barbara) (Filed on 6/27/2008) (Entered: 06/27/2008)
2008-07-01	7	ORDER by Judge Claudia Wilken denying 5 Motion for Extension of Time to Answer (scc, COURT STAFF) (Filed on 7/1/2008) (Entered: 07/01/2008)
2008-07-28	8	ANSWER to Complaint byUnited States Department of Justice, Michael B. Mukasey. (McElvain, Joel) (Filed on 7/28/2008) (Entered: 07/28/2008)
2008-08-12	9	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Saavedra, Barbara) (Filed on 8/12/2008) (Entered: 08/12/2008)
2008-08-12	10	NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Saavedra, Barbara) (Filed on 8/12/2008) (Entered: 08/12/2008)
2008-08-12	11	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (McElvain, Joel) (Filed on 8/12/2008) (Entered: 08/12/2008)
2008-08-18	12	ADR Clerks Notice Setting ADR Phone Conference on 8/27/08 at 10:30 a.m. Please take note that plaintiff's counsel initiates the call to all parties. (tjs, COURT STAFF) (Filed on 8/18/2008) (Entered: 08/18/2008)
2008-08-25	13	CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Conference set for 9/16/2008 02:00 PM. (scc, COURT STAFF) (Filed on 8/25/2008) (Entered: 08/25/2008)
2008-08-27		ADR Remark: ADR Phone Conference held by RWS on 8/27/08. (tjs, COURT STAFF) (Filed on 8/27/2008) (Entered: 09/15/2008)
2008-09-09	14	JOINT CASE MANAGEMENT STATEMENT OF THE PARTIES filed by Habeas Corpus Resource Center, United States Department of Justice, et al. (Saavedra, Barbara) (Filed on 9/9/2008) Modified on 9/10/2008 (cp, COURT STAFF). (Entered: 09/09/2008)
2008-09-15	15	MOTION for Protective Order filed by United States Department of Justice, Michael B. Mukasey. Motion Hearing set for 10/23/2008 02:00 PM in Courtroom 2, 4th Floor, Oakland. (Attachments: # 1 Proposed Order)(McElvain, Joel) (Filed on 9/15/2008) (Entered: 09/15/2008)
2008-09-16	18	Minute Entry: Initial Case Management Conference held on 9/16/2008 before Claudia Wilken (Date Filed: 9/16/2008). (Court Reporter Diane Skillman.) (scc, COURT STAFF) (Date Filed: 9/16/2008) (Entered: 09/24/2008)
2008-09-22	16	Memorandum in Opposition to Defendants' Motion for a Protective Order filed byHabeas Corpus Resource Center. (Attachments: # 1 Exhibit in Support of Opposition, # 2 Proposed Order Directing Responses to Interrogatories)(Saavedra, Barbara) (Filed on 9/22/2008) (Entered: 09/22/2008)
2008-09-24	17	CASE MANAGEMENT ORDER: Further Case Management Conference set for 10/30/2008 02:00 PM. Motion Hearing set for 10/16/2008 02:00 PM. Motion Hearing set for 10/30/2008 02:00 PM.. Signed by Judge Claudia Wilken on 9/24/08. (scc, COURT STAFF) (Filed on 9/24/2008) (Entered: 09/24/2008)
2008-09-24	19	Reply Memorandum re 15 MOTION for Protective Order filed byUnited States Department of Justice, Michael B. Mukasey. (Attachments: # 1 Proposed Order)(McElvain, Joel) (Filed on 9/24/2008) (Entered: 09/24/2008)
2008-09-30	20	ORDER by Judge Claudia Wilken denying 15 DEFENDANTS MOTION FOR A PROTECTIVE ORDER AND GRANTING PLAINTIFFS MOTION TO COMPEL (scc, COURT STAFF) (Filed on 9/30/2008) (Entered: 09/30/2008)
2008-10-01	21	MOTION for Partial Summary Judgment as to the Adequacy of DOJ's Search filed by United States Department of Justice, Michael B. Mukasey. Motion Hearing set for 10/16/2008 02:00 PM in Courtroom 2, 4th Floor, Oakland. (Attachments: # 1 Exhibit, # 2 Proposed Order)(McElvain, Joel) (Filed on 10/1/2008) (Entered: 10/01/2008)
2008-10-06	22	NOTICE by United States Department of Justice, Michael B. Mukasey of Filing of Vaughn Index (McElvain, Joel) (Filed on 10/6/2008) (Entered: 10/06/2008)
2008-10-08	23	STIPULATION to Amend re 17 Case Management Scheduling Order; Proposed Order by United States Department of Justice, Michael B. Mukasey, Habeas Corpus Resource Center. (Attachments: # 1 Proposed Order)(McElvain, Joel) (Filed on 10/8/2008) Modified on 10/9/2008 (cp, COURT STAFF). (Entered: 10/08/2008)
2008-10-09	24	ORDER re 23 GRANTING STIPULATION to Amend re 17 Case Management Scheduling Order. Further Case Management Conference set for 11/6/2008 02:00 PM. Motion Hearing set for 11/6/2008 02:00 PM.. Signed by Judge CLAUDIA WILKEN on 10/9/08. (scc, COURT STAFF) (Filed on 10/9/2008) (Entered: 10/09/2008)
2008-10-10	25	MOTION for Partial Summary Judgment as to Documents Exempt from Disclosure filed by United States Department of Justice, Michael B. Mukasey. Motion Hearing set for 11/6/2008 02:00 PM in Courtroom 2, 4th Floor, Oakland. (Attachments: # 1 Proposed Order)(McElvain, Joel) (Filed on 10/10/2008) (Entered: 10/10/2008)
2008-10-10	26	Notice of Filing of Declaration of A. Elizabeth Griffith and Second Declaration of Dorothy A. Lee by United States Department of Justice, Michael B. Mukasey (McElvain, Joel) (Filed on 10/10/2008) Modified on 10/14/2008 (cp, COURT STAFF). (Entered: 10/10/2008)
2008-10-14	27	Memorandum in Opposition to Defendants' Motion for Partial Summary Judgment on Adequacy of Searches filed byHabeas Corpus Resource Center. (Attachments: # 1 Exhibit (Part I) In Support of Opposition, # 2 Exhibit (Part II) In Support of Opposition, # 3 Exhibit (Part III) In Support of Opposition, # 4 Proposed Order)(Saavedra, Barbara) (Filed on 10/14/2008) (Entered: 10/14/2008)
2008-10-15	28	NOTICE by Habeas Corpus Resource Center re 27 Memorandum in Opposition, Filing of Exhibit H in Further Support of Opposition (Saavedra, Barbara) (Filed on 10/15/2008) (Entered: 10/15/2008)
2008-10-16	33	Minute Entry: Motion Hearing held on 10/16/2008 before Claudia Wilken (Date Filed: 10/16/2008) re 21 MOTION for Partial Summary Judgment as to the Adequacy of DOJ's Search filed by United States Department of Justice, Michael B. Mukasey. (Court Reporter Raynee Mercado.) (scc, COURT STAFF) (Date Filed: 10/16/2008) (Entered: 10/22/2008)
2008-10-19	29	Revised Proposed Order regarding search adequacy by Habeas Corpus Resource Center. (Saavedra, Barbara) (Filed on 10/19/2008) Modified on 10/20/2008 (cp, COURT STAFF). (Entered: 10/19/2008)
2008-10-20	30	ORDER by Judge Claudia Wilken denying 21 Motion for Partial Summary Judgment as to the Adequacy of DOJ's Search (scc, COURT STAFF) (Filed on 10/20/2008) (Entered: 10/20/2008)
2008-10-21	31	MOTION to Partially Amend 30 Order regarding Search Adequacy filed by United States Department of Justice, Michael B. Mukasey. Motion Hearing set for 11/6/2008 02:00 PM in Courtroom 2, 4th Floor, Oakland. (McElvain, Joel) (Filed on 10/21/2008) Modified on 10/22/2008 (cp, COURT STAFF). (Entered: 10/21/2008)
2008-10-21	32	MEMORANDUM in Opposition to Proposed Modifications to the Order Regarding Search Adequacy filed byHabeas Corpus Resource Center. (Saavedra, Barbara) (Filed on 10/21/2008) (Entered: 10/21/2008)
2008-10-23	34	ORDER by Judge Claudia Wilken granting in part 31 MOTION to Partially Amend 30 Order regarding Search Adequacy (scc, COURT STAFF) (Filed on 10/23/2008) (Entered: 10/23/2008)
2008-10-23	35	NOTICE by United States Department of Justice, Michael B. Mukasey of Filing of Vaughn Index of Records Withheld by the Office of Justice Programs (McElvain, Joel) (Filed on 10/23/2008) (Entered: 10/23/2008)
2008-10-27	36	NOTICE by United States Department of Justice, Michael B. Mukasey of Filing of Declarations (McElvain, Joel) (Filed on 10/27/2008) (Entered: 10/27/2008)
2008-10-27	37	Memorandum in Opposition to Motion for Partial Summary Judgment on Exemption filed byHabeas Corpus Resource Center. (Attachments: # 1 Exhibit Part I in Support of Opposition, # 2 Exhibit Part II in Support of Opposition)(Saavedra, Barbara) (Filed on 10/27/2008) (Entered: 10/27/2008)
2008-10-29	38	NOTICE by United States Department of Justice, Michael B. Mukasey of Filing of Declarations of Eleanor Carpenter, James Kovakas, and Francine Yoder (McElvain, Joel) (Filed on 10/29/2008) (Entered: 10/29/2008)
2008-10-30	39	MOTION for Extension of Time to File Plaintiff's Proposed Plan for Additional Searches and Discovery filed by Habeas Corpus Resource Center. (Attachments: # 1 Proposed Order)(Saavedra, Barbara) (Filed on 10/30/2008) (Entered: 10/30/2008)
2008-10-30	40	Memorandum in Opposition to Motion for Partial Summary Judgment on Exemptions (Supplemental) filed byHabeas Corpus Resource Center. (Attachments: # 1 Exhibit In Support of Supplemental Opposition)(Saavedra, Barbara) (Filed on 10/30/2008) (Entered: 10/30/2008)
2008-10-31	41	ORDER by Judge Claudia Wilken granting 39 Motion for Extension of Time to File Plaintiff's Proposed Plan for Additional Searches and Discovery (scc, COURT STAFF) (Filed on 10/31/2008) (Entered: 10/31/2008)
2008-11-03	42	Reply Memorandum in Support of Motions for Summary Judgment on FOIA Claims filed byUnited States Department of Justice, Michael B. Mukasey. (McElvain, Joel) (Filed on 11/3/2008) (Entered: 11/03/2008)
2008-11-03	43	Proposed Plan Scope for Additional Searches and Discovery by Habeas Corpus Resource Center. (Attachments: # 1 Exhibit In Support of Plan for Additional Searches and Discovery, # 2 Proposed Order)(Saavedra, Barbara) (Filed on 11/3/2008) Modified on 11/4/2008 (cp, COURT STAFF). (Entered: 11/03/2008)
2008-11-06	44	Supplemental Reply Memorandum in Support of Motion for SUmmary Judgment on FOIA Claims filed byUnited States Department of Justice, Michael B. Mukasey. (McElvain, Joel) (Filed on 11/6/2008) Modified on 11/7/2008 (cp, COURT STAFF). (Entered: 11/06/2008)
2008-11-06	45	Minute Entry: Motion Hearing held on 11/6/2008 before Claudia Wilken (Date Filed: 11/6/2008) re 25 MOTION for Partial Summary Judgment as to Documents Exempt from Disclosure filed by United States Department of Justice, Michael B. Mukasey. (Court Reporter Diane Skillman.) (scc, COURT STAFF) (Date Filed: 11/6/2008) (Entered: 11/07/2008)
2008-11-10	46	Plaintiff's Revised Proposed Plan for Additional Searches by Habeas Corpus Resource Center. (Attachments: # 1 Proposed Order)(Saavedra, Barbara) (Filed on 11/10/2008) Modified on 11/12/2008 (cp, COURT STAFF). (Entered: 11/10/2008)
2008-11-13	47	Surreply Memorandum in Support of Motions for Summary Judgment on FOIA Claims filed byUnited States Department of Justice, Michael B. Mukasey. (Attachments: # 1 Proposed Order)(McElvain, Joel) (Filed on 11/13/2008) Modified on 11/14/2008 (cp, COURT STAFF). (Entered: 11/13/2008)
2008-11-21	48	ORDER by Judge Claudia Wilken granting in part 25 Motion for Partial Summary Judgment on Exemptions (scc, COURT STAFF) (Filed on 11/21/2008) (Entered: 11/21/2008)
2008-12-01	49	NOTICE by United States Department of Justice, Michael B. Mukasey of Compliance with Order (McElvain, Joel) (Filed on 12/1/2008) (Entered: 12/01/2008)
2008-12-02	50	ORDER CONCERNING DEFENDANTS' SEARCH FOR DOCUMENTS RESPONSIVE TO PLAINTIFF'S FOIA REQUEST. Signed by Judge Claudia Wilken on 12/2/2008. (Attachments: # 1 Appendix A)(cwlc2, COURT STAFF) (Filed on 12/2/2008) (Entered: 12/02/2008)
2008-12-23	51	AMENDED COMPLAINT , First Amendment against all defendants. Filed byHabeas Corpus Resource Center. (Saavedra, Barbara) (Filed on 12/23/2008) (Entered: 12/23/2008)
2008-12-23	52	MOTION to Shorten Time for Briefing and Hearing on Partial Summary Judgment and/or Preliminary Injunction and Notice filed by Habeas Corpus Resource Center. (Attachments: # 1 Exhibit in Support of Motion, # 2 Proposed Order)(Saavedra, Barbara) (Filed on 12/23/2008) (Entered: 12/23/2008)
2008-12-23	53	NOTICE by United States Department of Justice, Michael B. Mukasey of Filing of Second Declaration of Pamela Roberts (McElvain, Joel) (Filed on 12/23/2008) (Entered: 12/23/2008)
2008-12-23	54	MOTION for Extension of Time to Complete the Defendants' Submissions under the December 2 Order filed by United States Department of Justice, Michael B. Mukasey. (Attachments: # 1 Affidavit Sixth Declaration of Melanie Ann Pustay, # 2 Proposed Order)(McElvain, Joel) (Filed on 12/23/2008) Modified on 12/24/2008 (cp, COURT STAFF). (Entered: 12/23/2008)
2008-12-24	55	Memorandum in Opposition re 52 MOTION to Shorten Time for Briefing and Hearing on Partial Summary Judgment and/or Preliminary Injunction and Notice filed byUnited States Department of Justice, Michael B. Mukasey. (Attachments: # 1 Proposed Order)(McElvain, Joel) (Filed on 12/24/2008) (Entered: 12/24/2008)
2008-12-26	56	MOTION for Partial Summary Judgment and/or Preliminary Injunction filed by Habeas Corpus Resource Center. Motion Hearing set for 2/5/2009 at 02:00 PM in Courtroom 2, 4th Floor, Oakland. (Saavedra, Barbara) (Filed on 12/26/2008) Modified on 12/29/2008 (kc, COURT STAFF). (Entered: 12/26/2008)
2008-12-27	57	EXHIBITS re 56 MOTION for Partial Summary Judgment and/or Preliminary Injunction filed byHabeas Corpus Resource Center. (Related document(s) 56 ) (Saavedra, Barbara) (Filed on 12/27/2008) (Entered: 12/27/2008)
2008-12-27	58	Proposed Order on Plaintiff's Motion for Partial Summary Judgment and/or Preliminary Injunction by Habeas Corpus Resource Center. (Saavedra, Barbara) (Filed on 12/27/2008) (Entered: 12/27/2008)
2008-12-27	59	Ex Parte Motion to File Oversized Brief re 56 MOTION for Partial Summary Judgment and/or Preliminary Injunction filed by Habeas Corpus Resource Center. (Attachments: # 1 Proposed Order)(Saavedra, Barbara) (Filed on 12/27/2008) Modified on 12/29/2008 (kc, COURT STAFF). (Entered: 12/27/2008)
2008-12-29	60	***INCORRECT EVENT, PLEASE SEE DOCUMENT # 62 *** NOTICE by Habeas Corpus Resource Center of Motion and Motion for Partial Summary Judgment and/or Preliminary Injunction (Corrected Version) (Saavedra, Barbara) (Filed on 12/29/2008) Modified on 12/30/2008 (cp, COURT STAFF). (Entered: 12/29/2008)
2008-12-29	61	ORDER by Judge Claudia Wilken granting in part 52 Motion to Shorten Time (scc, COURT STAFF) (Filed on 12/29/2008) (Entered: 12/29/2008)
2008-12-30	62	MOTION for Partial Summary Judgment and/or Preliminary Injunction (Corrected Version) filed by Habeas Corpus Resource Center. Motion Hearing set for 1/8/2009 02:00 PM in Courtroom 2, 4th Floor, Oakland. (Saavedra, Barbara) (Filed on 12/30/2008) (Entered: 12/30/2008)
2008-12-30	63	NOTICE by United States Department of Justice, Michael B. Mukasey of Filing of Vaughn Index (McElvain, Joel) (Filed on 12/30/2008) (Entered: 12/30/2008)
2008-12-30	64	STATEMENT OF NON-OPPOSITION re 59 Ex Parte Motion to File Oversized Brief re 56 MOTION for Partial Summary Judgment and/or Preliminary Injunction by United States Department of Justice, Michael B. Mukasey (Attachments: # 1 Proposed Order)(McElvain, Joel) (Filed on 12/30/2008) Modified on 12/31/2008 (cp, COURT STAFF). (Entered: 12/30/2008)
2009-01-05	65	ORDER by Judge Claudia Wilken granting 59 Ex Parte Application (cwlc2, COURT STAFF) (Filed on 1/5/2009) (Entered: 01/05/2009)
2009-01-05	66	Memorandum in Opposition to Motion for Preliminary Injunction filed byUnited States Department of Justice, Michael B. Mukasey. (McElvain, Joel) (Filed on 1/5/2009) (Entered: 01/05/2009)
2009-01-05	67	MOTION to Dismiss the Amended Complaint in Part filed by United States Department of Justice, Michael B. Mukasey. Motion Hearing set for 2/12/2009 02:00 PM in Courtroom 2, 4th Floor, Oakland. (Attachments: # 1 Proposed Order)(McElvain, Joel) (Filed on 1/5/2009) (Entered: 01/05/2009)
2009-01-06	68	ORDER by Judge Claudia Wilken granting 54 Motion for Extension of Time to Complete the Defendants' Submissions under the December 2 Order (scc, COURT STAFF) (Filed on 1/6/2009) (Entered: 01/06/2009)
2009-01-06	69	Ex Parte Application to File Oversized Brief filed by Habeas Corpus Resource Center. (Attachments: # 1 Proposed Order)(Saavedra, Barbara) (Filed on 1/6/2009) (Entered: 01/06/2009)
2009-01-06	70	EXHIBITS in Support of Reply to Opposition to Motion for Preliminary Injunction filed byHabeas Corpus Resource Center. (Saavedra, Barbara) (Filed on 1/6/2009) (Entered: 01/06/2009)
2009-01-06	71	Reply to Opposition to Motion for Preliminary Injunction filed byHabeas Corpus Resource Center. (Saavedra, Barbara) (Filed on 1/6/2009) (Entered: 01/06/2009)
2009-01-08	72	MOTION to Amend/Correct Complaint on Shortened Time and Declaration of Counsel filed by Habeas Corpus Resource Center. (Saavedra, Barbara) (Filed on 1/8/2009) (Entered: 01/08/2009)
2009-01-08	73	Proposed Order Nunc Pro Tunc to File Amended Petition by Habeas Corpus Resource Center. (Saavedra, Barbara) (Filed on 1/8/2009) (Entered: 01/08/2009)
2009-01-08	74	ORDER by Judge Claudia Wilken granting 69 Ex Parte Application to File Oversized Brief (scc, COURT STAFF) (Filed on 1/8/2009) (Entered: 01/08/2009)
2009-01-08	75	ORDER by Judge Claudia Wilken granting 72 NUNC PRO TUNC ORDER GRANTING LEAVE TO FILE AN AMENDED PETITION (scc, COURT STAFF) (Filed on 1/8/2009) (Entered: 01/08/2009)
2009-01-08	76	TEMPORARY RESTRAINING ORDER. Signed by Judge CLAUDIA WILKEN on 1/8/09. (scc, COURT STAFF) (Filed on 1/8/2009) (Entered: 01/08/2009)
2009-01-08	78	Minute Entry: Motion Hearing held on 1/8/2009 before Claudia Wilken (Date Filed: 1/8/2009). Motion Hearing set for 3/12/2009 02:00 PM. (Court Reporter Raynee Mercado.) (scc, COURT STAFF) (Date Filed: 1/8/2009) (Entered: 01/09/2009)
2009-01-09	77	NOTICE by United States Department of Justice, Michael B. Mukasey of Filing of Seventh Declaration of Melanie Ann Pustay (McElvain, Joel) (Filed on 1/9/2009) (Entered: 01/09/2009)
2009-01-12	79	STIPULATION to Modify Schedule for Briefing on Exemptions by Habeas Corpus Resource Center. (Attachments: # 1 Proposed Order)(Saavedra, Barbara) (Filed on 1/12/2009) (Entered: 01/12/2009)
2009-01-14	80	ORDER re 79 granting STIPULATION to Modify Schedule for Briefing on Exemptions. Signed by Judge Claudia Wilken on 1/14/09. (scc, COURT STAFF) (Filed on 1/14/2009) (Entered: 01/14/2009)
2009-01-20	81	ORDER by Judge Claudia Wilken granting 62 PLAINTIFFS MOTION FOR A PRELIMINARY INJUNCTION (scc, COURT STAFF) (Filed on 1/20/2009) (Entered: 01/20/2009)
2009-01-28	82	STIPULATION for Leave to File Oversize Brief by United States Department of Justice, Michael B. Mukasey, Habeas Corpus Resource Center. (Attachments: # 1 Proposed Order)(McElvain, Joel) (Filed on 1/28/2009) Modified on 1/29/2009 (cp, COURT STAFF). (Entered: 01/28/2009)
2009-01-29	83	MOTION to Dismiss the Amended Complaint in Part, and Opposition to Plaintiff's Motion for Partial Summary Judgment filed by United States Department of Justice, Michael B. Mukasey. Motion Hearing set for 3/12/2009 02:00 PM in Courtroom 2, 4th Floor, Oakland. (Attachments: # 1 Proposed Order)(McElvain, Joel) (Filed on 1/29/2009) (Entered: 01/29/2009)
2009-01-30	84	ORDER re 82 GRANTING STIPULATION for Leave to File Oversize Brief. Signed by Judge CLAUDIA WILKEN on 1/30/09. (scc, COURT STAFF) (Filed on 1/30/2009) (Entered: 01/30/2009)
2009-02-05	85	Briefing on Exemptions for Newly Disclosed Material filed byHabeas Corpus Resource Center. (Attachments: # 1 Exhibit in Support of Plaintiff's Briefing on Exemptions)(Saavedra, Barbara) (Filed on 2/5/2009) Modified on 2/6/2009 (cp, COURT STAFF). (Entered: 02/05/2009)
2009-02-11	86	NOTICE by Eric H. Holder, Jr, United States Department of Justice of Substitution of Party (McElvain, Joel) (Filed on 2/11/2009) (Entered: 02/11/2009)
2009-02-11	87	MOTION to Stay Proceedings Related to the Plaintiff's Administrative Procedure Act Claims filed by Eric H. Holder, Jr, United States Department of Justice. (Attachments: # 1 Proposed Order)(McElvain, Joel) (Filed on 2/11/2009) (Entered: 02/11/2009)
2009-02-12	88	MOTION to Stay Procedings Related to the Plaintiff's Administrative Procedure Act Claims [Corrected] filed by Eric H. Holder, Jr, United States Department of Justice. Motion Hearing set for 3/19/2009 02:00 PM in Courtroom 2, 4th Floor, Oakland. (Attachments: # 1 Proposed Order)(McElvain, Joel) (Filed on 2/12/2009) (Entered: 02/12/2009)
2009-02-12	89	MOTION to Shorten Time filed by Eric H. Holder, Jr, United States Department of Justice. (Attachments: # 1 Affidavit, # 2 Proposed Order)(McElvain, Joel) (Filed on 2/12/2009) (Entered: 02/12/2009)
2009-02-12	90	MOTION to Shorten Time [Corrected] filed by Eric H. Holder, Jr, United States Department of Justice. (Attachments: # 1 Affidavit, # 2 Proposed Order)(McElvain, Joel) (Filed on 2/12/2009) (Entered: 02/12/2009)
2009-02-13	91	Transcript of Proceedings held on January 8, 2009, before Judge Claudia Wilken. Court Reporter Raynee Mercado, Telephone number 510-451-7530, email raynee_mercado@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Redaction Request due 3/3/2009. Redacted Transcript Deadline set for 3/13/2009. Release of Transcript Restriction set for 5/11/2009. (rhm, ) (Filed on 2/13/2009) (Entered: 02/13/2009)
2009-02-17	92	Memorandum in Opposition to Defendants' Motion to Shorten Time filed byHabeas Corpus Resource Center. (Attachments: # 1 Proposed Order)(Saavedra, Barbara) (Filed on 2/17/2009) (Entered: 02/17/2009)
2009-02-18	93	Supplemental Memorandum in Support of Motion for Partial Summary Judgment on FOIA Claims filed byEric H. Holder, Jr, United States Department of Justice. (Attachments: # 1 Exhibit, # 2 Proposed Order)(McElvain, Joel) (Filed on 2/18/2009) Modified on 2/19/2009 (cp, COURT STAFF). (Entered: 02/18/2009)
2009-02-18	94	ORDER by Judge Claudia Wilken granting 90 Motion to Shorten Time (cwlc2, COURT STAFF) (Filed on 2/18/2009) (Entered: 02/18/2009)
2009-02-20	95	Memorandum in Opposition in Part to Defendants' Motion to Stay Proceedings filed byHabeas Corpus Resource Center. (Attachments: # 1 Exhibit in Support of Opposition, # 2 Proposed Order)(Saavedra, Barbara) (Filed on 2/20/2009) (Entered: 02/20/2009)
2009-02-25	96	Reply Memorandum re 88 MOTION to Stay Procedings Related to the Plaintiff's Administrative Procedure Act Claims [Corrected] filed byEric H. Holder, Jr, United States Department of Justice. (McElvain, Joel) (Filed on 2/25/2009) Modified on 2/26/2009 (cp, COURT STAFF). (Entered: 02/25/2009)
2009-02-26	97	Memorandum in Opposition to Defendants' Supplemental Motion for Partial Summary Judgment on FOIA Claims filed byHabeas Corpus Resource Center. (Attachments: # 1 Exhibit)(Saavedra, Barbara) (Filed on 2/26/2009) (Entered: 02/26/2009)
2009-03-03	98	NOTICE by Habeas Corpus Resource Center re 95 Memorandum in Opposition Of Plaintiff's Withdrawal Of Opposition to A Stay of Proceedings (Laurence, Michael) (Filed on 3/3/2009) (Entered: 03/03/2009)
2009-03-09	99	STIPULATION re 88 MOTION to Stay Procedings Related to the Plaintiff's Administrative Procedure Act Claims by Eric H. Holder, Jr, United States Department of Justice, Habeas Corpus Resource Center. (Attachments: # 1 Proposed Order)(McElvain, Joel) (Filed on 3/9/2009) Modified on 3/10/2009 (cp, COURT STAFF). (Entered: 03/09/2009)
2009-03-10	100	ORDER re 99 GRANTING STIPULATION re 88 MOTION to Stay Procedings Related to the Plaintiff's Administrative Procedure Act Claims. Signed by Judge CLAUDIA WILKEN on 3/10/09. (scc, COURT STAFF) (Filed on 3/10/2009) (Entered: 03/10/2009)
2009-06-30	101	ORDER GRANTING IN PART DEFENDANTS SUPPLEMENTAL MOTION FOR PARTIAL SUMMARY JUDGMENT ON FOIA EXEMPTIONS. Signed by Judge Claudia Wilken on 6/30/09. (scc, COURT STAFF) (Filed on 6/30/2009) (Entered: 06/30/2009)
2009-07-09	102	NOTICE by Eric H. Holder, Jr, United States Department of Justice re 101 Order Notice of Compliance with Order of June 30, 2009 (McElvain, Joel) (Filed on 7/9/2009) (Entered: 07/09/2009)
2009-09-29	103	ORDER by Judge Claudia Wilken denying without prejudice 67 Motion to Dismiss; denying without prejudice 83 Motion to Dismiss (scc, COURT STAFF) (Filed on 9/29/2009) (Entered: 09/29/2009)
2010-02-18	104	NOTICE of Change of Address by Joel McElvain (McElvain, Joel) (Filed on 2/18/2010) (Entered: 02/18/2010)
2010-07-28		Case Stayed (cwlc2, COURT STAFF) (Filed on 7/28/2010) (Entered: 07/28/2010)
2010-11-23	105	CLERKS NOTICE (ndr, COURT STAFF) (Filed on 11/23/2010) Modified on 11/23/2010 (ndr, COURT STAFF). ** DISREGARD, SEE DOCKET NO. 106 ** (Entered: 11/23/2010)
2010-11-23	106	CLERKS NOTICE (ndr, COURT STAFF) (Filed on 11/23/2010) (Entered: 11/23/2010)
2010-11-30	107	Joint Statement in Response to Clerk's Notice by Eric H. Holder, Jr, United States Department of Justice, Habeas Corpus Resource Center re 106 Clerks Notice. (McElvain, Joel) (Filed on 11/30/2010) Modified on 12/1/2010 (kc, COURT STAFF). (Entered: 11/30/2010)
2010-11-30	108	STIPULATION for Dismissal by Eric H. Holder, Jr, United States Department of Justice, Habeas Corpus Resource Center. (Attachments: # 1 Proposed Order)(McElvain, Joel) (Filed on 11/30/2010) Modified on 12/1/2010 (kc, COURT STAFF). (Entered: 11/30/2010)
2010-12-23	109	ORDER Granting 108 Stipulation for Dismissal. Signed by Judge Claudia Wilken on 12/23/2010. (ndr, COURT STAFF) (Filed on 12/23/2010) (Entered: 12/23/2010)
2011-01-05	110	STIPULATION to Extend Time to File a Motion for Attorney Fees by Habeas Corpus Resource Center, Eric H. Holder, Jr., United States Department of Justice. (Attachments: # 1 Proposed Order)(Saavedra, Barbara) (Filed on 1/5/2011) Modified on 1/6/2011 (cp, COURT STAFF). (Entered: 01/05/2011)
2011-01-06	111	ORDER Granting 110 Stipulation to Extend Time to File a Motion for Attorney Fees. Signed by Judge Claudia Wilken on 1/6/2011. (ndr, COURT STAFF) (Filed on 1/6/2011) (Entered: 01/06/2011)
2011-01-20	112	STIPULATION TO EXTEND TIME TO FILE PLAINTIFF'S MOTION FOR ATTORNEY FEES by Habeas Corpus Resource Center, United States Department of Justice, Eric H. Holder, Jr. (Attachments: # 1 Proposed Order)(Saavedra, Barbara) (Filed on 1/20/2011) Modified on 1/21/2011 (cp, COURT STAFF). (Entered: 01/20/2011)
2011-01-27	113	NOTICE by Habeas Corpus Resource Center OF SETTLEMENT (Saavedra, Barbara) (Filed on 1/27/2011) (Entered: 01/27/2011)
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