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Case TitleMuddy Waters, LLC v. U.S. Department of Homeland Security et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2018cv00398
Date Filed2018-01-18
Date Closed2018-09-07
JudgeMagistrate Judge Joseph C. Spero
PlaintiffMuddy Waters, LLC a Nevada limited liability company
TERMINATED: 09/07/2018
PlaintiffMuddy Waters Capital LLC
Case DescriptionMuddy Waters, LLC submitted FOIA requests to the Department of Homeland Security and U.S. Customs and Border Protection for records concerning Rapiscan or S2 Global in regard to a contract awarded to Rapiscan to scan all cargo entering the Port of San Juan, Puerto Rico. Muddy Waters indicated it was willing to pay fees up to $500. The agencies acknowledged receipt of the requests and CBP closed its request as duplicative. However, after hearing nothing further from the agency, Muddy Water filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. Department of Homeland Security
DefendantU.S. Customs and Border Protection
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-01-181COMPLAINT for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. § 552 et seq. against All Defendants (Filing fee $ 400.00, receipt number 0971-12034281.). Filed by Muddy Waters, LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet) (Burke, Thomas) (Filed on 1/18/2018) Modified on 1/19/2018 (gbaS, COURT STAFF). (Entered: 01/18/2018)
2018-01-182Case 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. 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 2/1/2018. (haS, COURT STAFF) (Filed on 1/18/2018) (Entered: 01/18/2018)
2018-01-183Proposed Summons. (Burke, Thomas) (Filed on 1/18/2018) (Entered: 01/18/2018)
2018-01-194Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/20/2018. Initial Case Management Conference set for 4/27/2018 02:00 PM in San Francisco, Courtroom G, 15th Floor. (gbaS, COURT STAFF) (Filed on 1/19/2018) (Entered: 01/19/2018)
2018-01-195Summons Issued as to U.S. Customs and Border Protection, U.S. Department of Homeland Security., U.S. Attorney and U.S. Attorney General. (gbaS, COURT STAFF) (Filed on 1/19/2018) (Entered: 01/19/2018)
2018-02-056CLERK'S NOTICE Re: Consent or Declination: Plaintiffs 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 2/20/2018. (klhS, COURT STAFF) (Filed on 2/5/2018) (Entered: 02/05/2018)
2018-02-067CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Muddy Waters, LLC.. (Burke, Thomas) (Filed on 2/6/2018) (Entered: 02/06/2018)
2018-03-058Defendants' ANSWER to Complaint byU.S. Customs and Border Protection, U.S. Department of Homeland Security. (Tseng, Neill) (Filed on 3/5/2018) (Entered: 03/05/2018)
2018-03-059CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by U.S. Customs and Border Protection, U.S. Department of Homeland Security.. (Tseng, Neill) (Filed on 3/5/2018) (Entered: 03/05/2018)
2018-04-1010ADR Clerk's Notice re: Non-Compliance with Court Order (ewhS, COURT STAFF) (Filed on 4/10/2018) (Entered: 04/10/2018)
2018-04-1111ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Burke, Thomas) (Filed on 4/11/2018) (Entered: 04/11/2018)
2018-04-1112NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Burke, Thomas) (Filed on 4/11/2018) (Entered: 04/11/2018)
2018-04-1213ADR Clerk's Notice Setting ADR Phone Conference on Thursday, April 26, 2018, at 3:00 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 4/12/2018) (Entered: 04/12/2018)
2018-04-1714ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification by Parties and Counsel (Tseng, Neill) (Filed on 4/17/2018) (Entered: 04/17/2018)
2018-04-1915STIPULATION WITH PROPOSED ORDER to Continue Initial Case Management Conference filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Tseng, Neill) (Filed on 4/19/2018) (Entered: 04/19/2018)
2018-04-2316Order, signed 4/23/18, by Chief Magistrate Judge Joseph C. Spero granting 15 Stipulation to Continue Initial Case Management Conference. Case Management Statement due by 6/22/2018. Case Management Conference set for 6/29/2018 02:00 PM in San Francisco, Courtroom G, 15th Floor.(klhS, COURT STAFF) (Filed on 4/23/2018) (Entered: 04/23/2018)
2018-05-0317ADR Remark: ADR Phone Conference held on 4/26/2018 by Howard Herman. (cmf, COURT STAFF) (Filed on 5/3/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 05/03/2018)
2018-06-2118STIPULATION WITH PROPOSED ORDER Second Stipulation to Continue Initial Case Management Conference; [Proposed] Order filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Tseng, Neill) (Filed on 6/21/2018) (Entered: 06/21/2018)
2018-06-2219Order, signed 6/22/18, by Chief Magistrate Judge Joseph C. Spero granting 18 Second Stipulation to Continue Initial Case Management Conference. Case Management Statement due by 8/10/2018. Case Management Conference set for 8/17/2018 02:00 PM in San Francisco, Courtroom G, 15th Floor.(klhS, COURT STAFF) (Filed on 6/22/2018) (Entered: 06/22/2018)
2018-08-0620STIPULATION WITH PROPOSED ORDER Third Stipulation to Continue Initial Case Management Conference; [Proposed Order] filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Tseng, Neill) (Filed on 8/6/2018) (Entered: 08/06/2018)
2018-08-0721Order, signed as modified on 8/7/18, by Chief Magistrate Judge Joseph C. Spero granting 20 Third Stipulation to Continue Initial Case Management Conference. Case Management Statement due by 10/19/2018. Case Management Conference set for 10/26/2018 02:00 PM in San Francisco, Courtroom G, 15th Floor.(klhS, COURT STAFF) (Filed on 8/7/2018) (Entered: 08/07/2018)
2018-08-1022NOTICE of Change In Counsel by Joy Gowoon Kim (Kim, Joy) (Filed on 8/10/2018) (Entered: 08/10/2018)
2018-09-0523STIPULATION WITH PROPOSED ORDER Stipulation of Substitution and Dismissal filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Tseng, Neill) (Filed on 9/5/2018) (Entered: 09/05/2018)
2018-09-0724Order, signed 9/7/18, by Chief Magistrate Judge Joseph C. Spero granting 23 Stipulation of Substitution and Dismissal.(klhS, COURT STAFF) (Filed on 9/7/2018) (Entered: 09/07/2018)
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