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Case TitleLawrence P. Kalbers v. U.S. Department of Justice
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2018cv08439
Date Filed2018-10-01
Date ClosedOpen
JudgeJudge Fernando M. Olguin
PlaintiffLawrence P. Kalbers
Case DescriptionLawrence Kalbers, a professor of accounting ethics at Loyola Marymount University, submitted a FOIA request to the Department of Justice for records concerning the plea agreement in U.S. v. Volkswagen. The agency denied Kalbers' request, claiming Exemption 7(A) (ongoing investigation or proceeding). Kalbers filed an administrative appeal, but after hearing nothing further from the agency, Kalber filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantConsol Plaintiff
United States of America
DefendantUS Department of Justice
DefendantSpecial Master
Hon. Suzanne H. Segal
DefendantJames Robert Liang
DefendantRichard Dorenkamp
DefendantHeinz-Jakob Neusser
DefendantJens Hadler
DefendantBernd Gottweis
DefendantOliver Schmidt
DefendantJurgen Peter
DefendantMartin Winterkorn
DefendantIAV GmbH
DefendantRichard Bauder
DefendantAxel Eiser
DefendantStefan Knirsch
DefendantCarsten Nagel
Special Master
Hon. Suzanne H. Segal
DefendantVolkswagen AG
AppealNinth Circuit 20-56316
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-10-011COMPLAINT Receipt No: 0973-22508707 - Fee: $400, filed by Plaintiff Lawrence P kalbers. (Attorney Daniel S Jacobs added to party Lawrence P kalbers(pty:pla))(Jacobs, Daniel) (Entered: 10/01/2018)
2018-10-012CIVIL COVER SHEET filed by Plaintiff Lawrence P kalbers. (Jacobs, Daniel) (Entered: 10/01/2018)
2018-10-013Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 , Civil Cover Sheet (CV-71) 2 filed by Plaintiff Lawrence P kalbers. (Jacobs, Daniel) (Entered: 10/01/2018)
2018-10-024Request for Clerk to Issue Summons on Summons Request 3 filed by Plaintiff Lawrence P kalbers. (Jacobs, Daniel) (Entered: 10/02/2018)
2018-10-025NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge John E. McDermott. (Attachments: # 1 CV-11C) (esa) (Entered: 10/02/2018)
2018-10-02630 DAY Summons issued re Complaint 1 as to defendant US Department of Justice. (esa) (Entered: 10/02/2018)
2018-10-027NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (esa) (Entered: 10/02/2018)
2018-10-038NOTICE Notice of Interested Parties filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 10/03/2018)
2018-10-189REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (san) (Entered: 10/18/2018)
2018-10-2210PROOF OF SERVICE Executed Lawrence P. Kalbers, upon Defendant US Department of Justice served on 10/4/2018, answer due 11/5/2018. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to G. Ortega. Executed upon the Attorney Generals Office of the United States by delivering a copy to Emily Sase. Executed upon the officer agency or corporation by delivering a copy to Emily Sase. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. Service under Rule 4(i)(1)(A)(ii) and 4(i)(1)(B) (Attachments: # 1 Exhibit)(Jacobs, Daniel) (Entered: 10/22/2018)
2018-10-2411STIPULATION Extending Time to Answer the complaint as to US Department of Justice answer now due 11/20/2018, re Complaint (Attorney Civil Case Opening) 1 filed by Defendant US Department of Justice.(Attorney Alarice M Medrano added to party US Department of Justice(pty:dft))(Medrano, Alarice) (Entered: 10/24/2018)
2018-11-1412NOTICE Consent to Magistrate Judge (CV-11C) filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 11/14/2018)
2018-11-2013DECLINED STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Defendant US Department of Justice. (Medrano, Alarice) (Entered: 11/20/2018)
2018-11-2014ANSWER to Complaint (Attorney Civil Case Opening) 1 filed by Defendant US Department of Justice.(Medrano, Alarice) (Entered: 11/20/2018)
2018-11-2115NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge John E. McDermott to Judge Fernando M. Olguin for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Patrick J. Walsh. The case number will now reflect the initials of the transferee Judges 2:18-cv-08439 FMO(PJWx). (rn) (Entered: 11/21/2018)
2018-11-2916TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY (Entered: 11/29/2018)
2018-11-2917ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando M. Olguin. Scheduling Conference set for 1/24/2019 at 10:00 AM before Judge Fernando M. Olguin. (vdr) (Entered: 11/29/2018)
2018-12-2718EX PARTE APPLICATION to Stay Case pending The Lapse of Appropiations filed by Defendant US Department of Justice. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Medrano, Alarice) (Entered: 12/27/2018)
2018-12-2819ORDER GRANTING EX PARTE APPLICATION 18 STAYING CASE by Judge Fernando M. Olguin. (vdr) (Entered: 12/28/2018)
2019-02-0720SCHEDULING NOTICE by Magistrate Judge Patrick J. Walsh - Telephonic Discovery Conference set for 2/8/2019 at 11:00 AM before Magistrate Judge Patrick J. Walsh. Call-in information will be emailed to Counsel. Counsel shall call in at 10:55 AM.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (im) TEXT ONLY ENTRY (Entered: 02/07/2019)
2019-02-0821MINUTES OF Telephonic Conference Re Discovery Hearing held before Magistrate Judge Patrick J. Walsh. The case is called and appearances are made. The issue before the Court is whether Plaintiff is entitled to take discovery in this FOIA action before Defendant files its motion for summary judgment. As a general rule, discovery is not permitted in FOIA cases. See Lane v. Dep't of Interior, 523 F.3d 1128, 1134 (9th Cir. 2008); Lawyers' Comm. for Civil Rights of S.F. Bay Area v. United States Dep't of the Treasury, 534 F. Supp. 2d 1126, 1131 (N.D. Cal. 2008) (noting district courts typically decide FOIA actions on summary judgment without discovery). There is nothing before the Court to suggest that this case is exceptional. As such, Plaintiff's request to conduct discovery prior to the summary judgment motion is denied. Court Recorder: CS 02/08/19. (sbou) (Additional attachment(s) added on 2/8/2019: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4, # 5 Attachment 5) # 6 Attachment 6) (sbou). (Entered: 02/08/2019)
2019-02-1022COMPACT DISC Order filed by Plaintiff Lawrence P. Kalbers. Court will contact Daniel Jacobs at AttorneyJacobs@twc.com with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: 2/8/19. FEE PAID. (Jacobs, Daniel) (Entered: 02/10/2019)
2019-02-1223TRANSCRIPT ORDER as to Defendant US Department of Justice DCN number: R19CACA0487 for Court Smart (CS). (Medrano, Alarice) (Entered: 02/12/2019)
2019-02-1824TRANSCRIPT for proceedings held on 2/08/2019, 10:59 a.m. Court Reporter/Electronic Court Recorder: JAMS CERTIFIED TRANSCRIPTION, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/11/2019. Redacted Transcript Deadline set for 3/21/2019. Release of Transcript Restriction set for 5/20/2019. (ls) (Entered: 02/19/2019)
2019-02-1825NOTICE OF FILING TRANSCRIPT filed for proceedings 2/08/2019, 10:59 a.m. re Transcript 24 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ls) TEXT ONLY ENTRY (Entered: 02/19/2019)
2019-02-2226NOTICE OF MOTION for Review of Magistrate Judge's Minute Order on Discovery filed by Plaintiff Lawrence P. Kalbers. (Attachments: # 1 Proposed Order) (Jacobs, Daniel) Modified on 2/25/2019 (vdr). (Entered: 02/22/2019)
2019-02-2227NOTICE OF MOTION AND MOTION for Review of Magistrate Judge's Minute Order on Discovery filed by Plaintiff Lawrence P. Kalbers. Motion set for hearing on 4/4/2019 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Memorandum In Support of Motion for Review of Magistrate Judge's Minute Order on Discovery, # 2 Proposed Order Granting Plaintiff's Motion for Review of Magistrate Judge's Minute Order on Discovery, # 3 Exhibit Plaintiff's First Set of Ten Interrogatories to Defendant, # 4 Exhibit Defendant's Objections to Plaintiff's First Set of Interrogatories) (Jacobs, Daniel) (Entered: 02/22/2019)
2019-02-2228STIPULATION to Reset filed by Plaintiff Lawrence P. Kalbers. (Attachments: # 1 Proposed Order)(Jacobs, Daniel) (Entered: 02/22/2019)
2019-02-2629ORDER RESETTING SCHEDULING CONFERENCE by Judge Fernando M. Olguin. The Scheduling Conference is reset for 4/4/2019. (vdr) (Entered: 02/26/2019)
2019-03-1430Opposition to Plaintiff's Motion for Review of Magistrate Judge's Minute Order on Discovery Opposition re: NOTICE OF MOTION AND MOTION for Review of Magistrate Judge's Minute Order on Discovery 27 filed by Defendant US Department of Justice. (Attachments: # 1 Exhibit A)(Medrano, Alarice) (Entered: 03/14/2019)
2019-03-2131JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 1 or 2 days, filed by Plaintiff Lawrence P. Kalbers.. (Jacobs, Daniel) (Entered: 03/21/2019)
2019-03-2132REPLY In support NOTICE OF MOTION AND MOTION for Review of Magistrate Judge's Minute Order on Discovery 27 filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 03/21/2019)
2019-03-2933TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion for Review 27 is taken off the 4/4/2019 calendar and placed under submission. An order with the court's ruling will issue. The 4/4/2019 Scheduling Conference is also taken off calendar. No appearances are required on 4/4/2019. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY (Entered: 03/29/2019)
2019-04-0134MINUTES (IN CHAMBERS) ORDER RE: MOTION FOR REVIEW 27 by Judge Fernando M. Olguin. The motion is denied. The Magistrate Judge's Order 21 is neither clearly erroneous nor contrary to law. (vdr) (Entered: 04/01/2019)
2019-06-1135NOTICE OF MOTION AND MOTION for Order for Vaughn Index filed by Plaintiff Lawrence P. Kalbers. Motion set for hearing on 7/11/2019 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Memorandum, # 2 Proposed Order) (Jacobs, Daniel) (Entered: 06/11/2019)
2019-06-2036MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Order for Vaughn Index 35 filed by Defendant US Department of Justice. (Medrano, Alarice) (Entered: 06/20/2019)
2019-06-2637CASE MANAGEMENT ORDER by Judge Fernando M. Olguin. *See order for case deadlines and requirements.* (vdr) (Entered: 06/26/2019)
2019-06-2638ORDER RE: SUMMARY JUDGMENT MOTIONS by Judge Fernando M. Olguin. (vdr) (Entered: 06/26/2019)
2019-06-2739REPLY In support NOTICE OF MOTION AND MOTION for Order for Vaughn Index 35 filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 06/27/2019)
2019-07-0340MINUTE Order Setting Settlement Conference (In Chambers by Magistrate Judge Patrick J. Walsh. IT IS ORDERED that a settlement conference be held on July 12, 2019, at 1:30 p.m., at 255 East Temple Street, Courtroom 790 (7th Floor), Los Angeles, CA. Each side shall submit a settlement conference statement directly to Judge Walsh's chambers at pjw_chambers@cacd.uscourts.gov not later than two court days before the conference. (See document for details.) (sbou) (Entered: 07/03/2019)
2019-07-0541TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion for Vaughn Index 35 is taken off the 7/11/2019 calendar and placed under submission. No appearances are required on 7/11/2019. An order with the court's ruling will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY (Entered: 07/05/2019)
2019-07-1242MINUTES OF Settlement Conference held before Magistrate Judge Patrick J. Walsh. The case is called, and appearances are made. The parties are unable to settle the case at this time. Court Recorder: CS 07/12/19. (sbou) (Entered: 07/12/2019)
2019-07-1243STATUS REPORT RE: SETTLEMENT (JOINT) filed by Defendant US Department of Justice. (Medrano, Alarice) (Entered: 07/12/2019)
2019-09-0444Joint STIPULATION to Reset filed by Plaintiff Lawrence P. Kalbers. (Attachments: # 1 Proposed Order)(Jacobs, Daniel) (Entered: 09/04/2019)
2019-09-0645ORDER by Judge Fernando M. Olguin: The Stipulation Resetting Summary Judgment Schedule 44 is approved and so ordered. (cw) (Entered: 09/06/2019)
2019-09-1646MINUTE ORDER IN CHAMBERS by Judge Fernando M. Olguin. The Motion for Vaughn Index 35 is granted in part and denied in part. (cw) (Entered: 09/16/2019)
2019-09-2747NOTICE OF MOTION AND MOTION to Intervene filed by Intervenor Volkswagen AG. Motion set for hearing on 10/31/2019 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Memorandum in Support of Motion to Intervene, # 2 Exhibit Proposed Answer to Complaint, # 3 Proposed Order) (Attorney Laura Kabler Oswell added to party Volkswagen AG(pty:intv)) (Oswell, Laura) (Entered: 09/27/2019)
2019-09-2748DECLARATION of Laura Kabler Oswell in support of Volkswagen AG's NOTICE OF MOTION AND MOTION to Intervene 47 filed by Intervenor Volkswagen AG. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Oswell, Laura) (Entered: 09/27/2019)
2019-09-2749CERTIFICATE of Interested Parties filed by Intervenor Volkswagen AG, identifying Porsche Automobil Holding SE. (Oswell, Laura) (Entered: 09/27/2019)
2019-09-2750NOTICE of Appearance filed by attorney Laura Kabler Oswell on behalf of Intervenor Volkswagen AG (Oswell, Laura) (Entered: 09/27/2019)
2019-10-0151NOTICE of Filing Vaughn Index filed by Defendant US Department of Justice. (Attachments: # 1 Vaughn Index)(Medrano, Alarice) (Entered: 10/01/2019)
2019-10-0752**STRICKEN** APPLICATION of Non-Resident Attorney Robert J. Giuffra, Jr. to Appear Pro Hac Vice on behalf of Intervenor Volkswagen AG (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24566708) filed by Intervenor Volkswagen AG. (Attachments: # 1 Proposed Order) (Oswell, Laura) Modified on 10/9/2019 (cw). (Entered: 10/07/2019)
2019-10-0753**STRICKEN** APPLICATION of Non-Resident Attorney Suhana S. Han to Appear Pro Hac Vice on behalf of Intervenor Volkswagen AG (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24566981) filed by Intervenor Volkswagen AG. (Attachments: # 1 Proposed Order) (Oswell, Laura) Modified on 10/9/2019 (cw). (Entered: 10/07/2019)
2019-10-0754**STRICKEN** APPLICATION of Non-Resident Attorney Andrew J. Finn to Appear Pro Hac Vice on behalf of Intervenor Volkswagen AG (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24567100) filed by Intervenor Volkswagen AG. (Attachments: # 1 Proposed Order) (Oswell, Laura) Modified on 10/9/2019 (cw). (Entered: 10/07/2019)
2019-10-0755NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Suhana S. Han to Appear Pro Hac Vice on behalf of Intervenor Volkswagen AG (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24566981) 53 , APPLICATION of Non-Resident Attorney Andrew J. Finn to Appear Pro Hac Vice on behalf of Intervenor Volkswagen AG (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24567100) 54 , APPLICATION of Non-Resident Attorney Robert J. Giuffra, Jr. to Appear Pro Hac Vice on behalf of Intervenor Volkswagen AG (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24566708) 52 . The following error(s) was/were found: Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. (lt) (Entered: 10/07/2019)
2019-10-0856NOTICE of Appearance filed by attorney Michael H Steinberg on behalf of Intervenor Volkswagen AG (Attorney Michael H Steinberg added to party Volkswagen AG(pty:intv))(Steinberg, Michael) (Entered: 10/08/2019)
2019-10-0857APPLICATION to CORRECT APPLICATION of Non-Resident Attorney Robert J. Giuffra, Jr. to Appear Pro Hac Vice on behalf of Intervenor Volkswagen AG (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24566708) 52 filed by Intervenor Volkswagen AG. (Attachments: # 1 Proposed Order) (Steinberg, Michael) (Entered: 10/08/2019)
2019-10-0858APPLICATION to CORRECT APPLICATION of Non-Resident Attorney Suhana S. Han to Appear Pro Hac Vice on behalf of Intervenor Volkswagen AG (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24566981) 53 filed by Intervenor Volkswagen AG. (Attachments: # 1 Proposed Order) (Steinberg, Michael) (Entered: 10/08/2019)
2019-10-0859APPLICATION to CORRECT APPLICATION of Non-Resident Attorney Andrew J. Finn to Appear Pro Hac Vice on behalf of Intervenor Volkswagen AG (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24567100) 54 filed by Intervenor Volkswagen AG. (Attachments: # 1 Proposed Order) (Steinberg, Michael) (Entered: 10/08/2019)
2019-10-0960ORDER by Judge Fernando M. Olguin. The following documents are STRICKEN for failure to comply with the Local Rules: Applications for Admission Pro Hac Vice 52 53 and 54 . (cw) (Entered: 10/09/2019)
2019-10-0961ORDER by Judge Fernando M. Olguin: Granting Application of Robert J. Giuffra to appear Pro Hac Vice on behalf of Defendant Volkswagen AG, designating Michael H. Steinberg as local counsel 57 . (iv) (Entered: 10/09/2019)
2019-10-0962ORDER by Judge Fernando M. Olguin: Granting Application of Suhana S. Han to appear Pro Hac Vice on behalf of Defendant Volkswagen AG, designating Michael H. Steinberg as local counsel 58 . (iv) (Entered: 10/09/2019)
2019-10-0963ORDER by Judge Fernando M. Olguin: Granting Application of Andrew J. Finn to appear Pro Hac Vice on behalf of Defendant Volkswagen AG, designating Michael H. Steinberg as local counsel 59 . (iv) (Entered: 10/09/2019)
2019-10-1064OPPOSITION re: NOTICE OF MOTION AND MOTION to Intervene 47 filed by Plaintiff Lawrence P. Kalbers. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Jacobs, Daniel) (Entered: 10/10/2019)
2019-10-1765REPLY in support of NOTICE OF MOTION AND MOTION to Intervene 47 filed by Intervenor Volkswagen AG. (Oswell, Laura) (Entered: 10/17/2019)
2019-10-1766DECLARATION of Andrew J. Finn in support of NOTICE OF MOTION AND MOTION to Intervene 47 re Reply filed by Intervenor Volkswagen AG. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Oswell, Laura) (Entered: 10/17/2019)
2019-10-2467SUPPLEMENT to NOTICE OF MOTION AND MOTION to Intervene 47 filed by Intervenor Volkswagen AG. (Attachments: # 1 Declaration of Laura Kabler Oswell, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Oswell, Laura) (Entered: 10/24/2019)
2019-10-2568TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, Volkswagen AG's Motion to Intervene 47 , currently set for hearing on October 31, 2019, is taken off calendar and placed under submission. No appearances are required on that date. The court may order further briefing or other proceedings, at any time, as appropriate. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY (Entered: 10/25/2019)
2019-11-0769MOTION for Summary Judgment (Joint Brief Re: Defendant's MSJ) filed by Defendant US Department of Justice. Motion set for hearing on 12/12/2019 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Statement of Uncontroverted Facts) (Medrano, Alarice) Modified on 11/13/2019 (cw). (Entered: 11/07/2019)
2019-11-0770NOTICE OF MOTION re NOTICE OF MOTION AND MOTION for Summary Judgment (Joint Brief Re: Defendant's MSJ) 69 filed by Defendant US Department of Justice. Motion set for hearing on 12/12/2019 at 10:00 AM before Judge Fernando M. Olguin. (Medrano, Alarice) (Entered: 11/07/2019)
2019-11-0771JOINT EVIDENTIARY APPENDIX re NOTICE OF MOTION AND MOTION for Summary Judgment (Joint Brief Re: Defendant's MSJ) 69 filed by Defendant US Department of Justice. (Attachments: # 1 Declaration Stacey R. Stoller, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Declaration Jennifer L. Blackwell, # 15 Declaration Michael A. Sullivan, Esq., # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18A, # 22 Exhibit 18B, # 23 Exhibit 19, # 24 Exhibit 20, # 25 Exhibit 21, # 26 Exhibit 22)(Medrano, Alarice) (Entered: 11/07/2019)
2019-11-1472NOTICE OF MOTION AND MOTION to Strike Declarations , NOTICE OF MOTION AND MOTION for Sanctions Defendant filed by Plaintiff Lawrence P. Kalbers. Motion set for hearing on 12/12/2019 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Memorandum, # 2 Proposed Order, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G) (Jacobs, Daniel) (Entered: 11/14/2019)
2019-11-2173Defendant's Opposition to Plaintiff's Motion to Strike (ECF 72) Opposition re: NOTICE OF MOTION AND MOTION to Strike Declarations NOTICE OF MOTION AND MOTION for Sanctions Defendant 72 filed by Defendant US Department of Justice. (Attachments: # 1 Declaration Alarice M. Medrano, # 2 Exhibit A-M)(Medrano, Alarice) (Entered: 11/21/2019)
2019-11-2274MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment (Joint Brief Re: Defendant's MSJ) 69 Supplemental filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 11/22/2019)
2019-11-2275SUPPLEMENT to NOTICE OF MOTION AND MOTION for Summary Judgment (Joint Brief Re: Defendant's MSJ) 69 In Support filed by Defendant US Department of Justice. (Medrano, Alarice) (Entered: 11/22/2019)
2019-11-2976REPLY Support NOTICE OF MOTION AND MOTION to Strike Declarations NOTICE OF MOTION AND MOTION for Sanctions Defendant 72 filed by Plaintiff Lawrence P. Kalbers. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit E, # 4 Exhibit F, # 5 Exhibit H, # 6 Exhibit I, # 7 Exhibit J, # 8 Exhibit M)(Jacobs, Daniel) (Entered: 11/29/2019)
2019-12-0977TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion for Summary Judgment 69 and Motion to Strike Declarations; Motion for Sanctions 72 , currently set for hearing on December 12, 2019, are taken off calendar and placed under submission. No appearances are required on that date. The court may order further briefing or other proceedings, at any time, as appropriate. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY (Entered: 12/09/2019)
2020-07-2978NOTICE Of Additional Authority filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 07/29/2020)
2020-10-0979ORDER RE: PENDING MOTIONS by Judge Fernando M. Olguin. The DOJ's Motion for Summary Judgment 69 is denied. VW's Motion to Intervene 47 is denied. Plaintiff's Motion to Strike and for Sanctions 72 is denied without prejudice. *See Order for Details.* (iv) (Entered: 10/09/2020)
2020-10-1980NOTICE of Change of Attorney Business or Contact Information: for attorney Daniel S Jacobs counsel for Plaintiff Lawrence P. Kalbers. Changing Firm name to Enenstein Pham & Glass. Changing email to djacobs@enensteinlaw.com. Filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 10/19/2020)
2020-11-0681NOTICE filed by Plaintiff Lawrence P. Kalbers. Plaintiff's Notice of Proposed Vaughn Index Format (Attachments: # 1 Memorandum In Support of Plaintiff's Notice of Proposed Vaughn Index Format)(Jacobs, Daniel) (Entered: 11/06/2020)
2020-11-0682NOTICE OF PROPOSED VAUGHN INDEX FORMAT filed by Defendant US Department of Justice. (Attachments: # 1 Proposed Vaughn Index Format, # 2 Memorandum)(Medrano, Alarice) (Entered: 11/06/2020)
2020-11-1283*STRICKEN** NOTICE OF MOTION AND MOTION for Attorney Fees filed by plaintiff Lawrence P. Kalbers. Motion set for hearing on 12/10/2020 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Memorandum in Support of Plaintiff's Motion for Attorney's Fees Against Volkswagen, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Proposed Order, # 7 Declaration of Daniel Jacobs, # 8 Declaration of Robert A. Rabbat) (Jacobs, Daniel) Modified on 11/23/2020 (vdr). (Entered: 11/12/2020)
2020-11-1384NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Attorney Fees 83 . The following error(s) was/were found: Local Rule 11-8 Memorandum/brief exceeding 10 pages shall contain table of contents. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (iv) (Entered: 11/13/2020)
2020-11-1985MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Attorney Fees 83 filed by Intervenor Volkswagen AG. (Attachments: # 1 Appendix, # 2 Proposed Order)(Oswell, Laura) (Entered: 11/19/2020)
2020-11-1986DECLARATION of Sharon L. Nelles in Opposition to NOTICE OF MOTION AND MOTION for Attorney Fees 83 filed by Intervenor Volkswagen AG. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Oswell, Laura) (Entered: 11/19/2020)
2020-11-2387ORDER STRIKING by Judge Fernando M. Olguin Re: MOTION for Attorney Fees 83 . The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order for the following reason(s): (1) Local Rule 11-8 Memorandum/brief exceeding 10 pages shall contain table of contents; and (2) Local Rule 7-3, failure of counsel to meet and confer at least one week in advance to filing of motion. (vdr) (Entered: 11/23/2020)
2020-11-2588NOTICE OF MOTION AND MOTION for Attorney Fees From Volkswagen filed by Plaintiff Lawrence P. Kalbers. Motion set for hearing on 12/24/2020 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Memorandum In Support of Plaintiff's Motion for Attorney's Fees from Volkswagen, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Declaration Of Daniel Jacobs, # 7 Declaration Of Robert A. Rabbatt, # 8 Proposed Order) (Jacobs, Daniel) (Entered: 11/25/2020)
2020-11-3089TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. Due to the holiday on 12/24/2020, the court resets the MOTION for Attorney Fees 88 to be heard on 1/7/2021 at 10:00 AM before Judge Fernando M. Olguin. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY (Entered: 11/30/2020)
2020-12-0390MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Attorney Fees From Volkswagen 88 filed by Intervenor Volkswagen AG. (Attachments: # 1 Appendix, # 2 Proposed Order)(Oswell, Laura) (Entered: 12/03/2020)
2020-12-0391DECLARATION of Sharon L. Nelles in Opposition to NOTICE OF MOTION AND MOTION for Attorney Fees From Volkswagen 88 filed by Intervenor Volkswagen AG. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Oswell, Laura) (Entered: 12/03/2020)
2020-12-0892NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Intervenor Volkswagen AG. Appeal of Order on Motion to Intervene,, Order on Motion for Summary Judgment,, Order on Motion to Strike,, Order on Motion for Sanctions, 79 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-29413675.) (Attachments: # 1 Exhibit Copy of Order being appealed from)(Oswell, Laura) (Entered: 12/08/2020)
2020-12-0893REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals, 92 . (Oswell, Laura) (Entered: 12/08/2020)
2020-12-1194NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-56316 assigned to Notice of Appeal to 9th Circuit Court of Appeals, 92 as to Intervenor Volkswagen AG. (iv) (Entered: 12/14/2020)
2020-12-2495REPLY in support of NOTICE OF MOTION AND MOTION for Attorney Fees From Volkswagen 88 filed by Plaintiff Lawrence P. Kalbers. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Declaration of Daniel Jacobs)(Jacobs, Daniel) (Entered: 12/24/2020)
2021-01-0496TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the Court's own motion, PLAINTIFF'S MOTION FOR ATTORNEY'S FEES FROM VOLKSWAGEN 88 , currently set for January 7, 2021, is taken off calendar and placed under submission. No appearances are required on that date. The court may order further briefing or other proceedings, at any time, as appropriate. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY (Entered: 01/04/2021)
2021-02-0497NOTICE Of Additional Authority filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 02/04/2021)
2021-02-0598ORDER RE: VAUGHN INDEX by Judge Fernando M. Olguin. *See order for deadlines and requirements.* (vdr) (Entered: 02/05/2021)
2021-02-1999NOTICE Of Proposed Special Masters Lawrence P. Kalbers. (Attachments: # 1 Exhibit CV of David R. Cohen, # 2 Exhibit CV of Elizabeth D. LaPorte, # 3 Exhibit CV of Rosalyn M. Chapman)(Jacobs, Daniel) (Entered: 02/19/2021)
2021-02-19100NOTICE of Proposed Special Masters filed by Defendant US Department of Justice. (Attachments: # 1 Exhibit A (Judge Nagle), # 2 Exhibit B (Judge Chapman), # 3 Exhibit C (Judge Walsh), # 4 Exhibit D (Judge Segal))(Medrano, Alarice) (Entered: 02/19/2021)
2021-02-19101OBJECTIONS to Order 98 (Proposed Appointment of a Special Master in This Case) filed by Defendant US Department of Justice. (Medrano, Alarice) (Entered: 02/19/2021)
2021-02-22102RESPONSE filed by Plaintiff Lawrence P. Kalbers Plaintiff's Response to Defendant's Objection to Proposed Appointment of a Special Master in this Case (Jacobs, Daniel) (Entered: 02/22/2021)
2021-02-22103RESPONSE filed by Plaintiff Lawrence P. Kalbersto Response 102 PLAINTIFF'S AMENDED RESPONSE TO DEFENDANT'S OBJECTION TO PROPOSED SPECIAL MASTER IN THIS CASE (Jacobs, Daniel) (Entered: 02/22/2021)
2021-03-26104EX PARTE APPLICATION for Extension of Time to File to Comply With the Court's Order Re Vaughn Index (ECF 98) filed by Defendant US Department of Justice. (Attachments: # 1 Declaration Amanda Jones, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Proposed Order) (Medrano, Alarice) (Entered: 03/26/2021)
2021-03-29105OPPOSITION re: EX PARTE APPLICATION for Extension of Time to File to Comply With the Court's Order Re Vaughn Index (ECF 98) 104 filed by Plaintiff Lawrence P. Kalbers. (Attachments: # 1 Exhibit 1)(Jacobs, Daniel) (Entered: 03/29/2021)
2021-04-05106MINUTES (In Chambers) Order Re: Ex Parte Application 104 by Judge Fernando M. Olguin. IT IS ORDERED THAT: 1. The Application (Document No. 104) is granted in part and denied in part as set forth below. 2. The DOJ shall produce all documents responsive to plaintiff Lawrence P. Kalbers' Freedom of Information Act Request, no later than June 7, 2021. For any document or portion of a document that the government withholds, the government shall, no later than June 7, 2021, produce a Vaughn index. The Vaughn index shall comply with all requirements previously set forth in the Court's Order of February 5, 2021. (lom) (Entered: 04/05/2021)
2021-04-16107ORDER RE: APPOINTMENT OF SPECIAL MASTER by Judge Fernando M. Olguin. *See Order for Details.* (iv) (Entered: 04/16/2021)
2021-04-23108SPECIAL MASTER AFFIDAVIT by Special Master Hon. Suzanne H. Segal. (iv) (Entered: 04/23/2021)
2021-05-06109ORDER RE: APPOINTMENT OF SPECIAL MASTER by Judge Fernando M. Olguin. *See Order for Details.* (iv) (Entered: 05/06/2021)
2021-05-21110MEMORANDUM IN OPPOSITION TO DEFENDANT'S REQUEST TO VACATE OR CONTINUE THE CURRENT PRODUCTION DEADLINE filed by Plaintiff Lawrence P. Kalbers. (Attachments: # 1 Exhibit Exhibits 1 and 2)(Jacobs, Daniel) (Entered: 05/21/2021)
2021-05-24111NOTICE of Lodging Exhibits A and B filed by Defendant US Department of Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Medrano, Alarice) (Entered: 05/24/2021)
2021-06-01112MINUTES (IN CHAMBERS) ORDER RE: REFERRING MOTION TO SPECIAL MASTER by Judge Fernando M. Olguin. *See Order for dates and details.* (iv) (Entered: 06/01/2021)
2021-06-03113ORDER (1) VACATING JUNE 7, 2021 PRODUCTION DEADLINE AND (2) REQUESTING PROPOSALS FOR FURTHER PROCEEDINGS by Special Master Hon. Suzanne H. Segal. *See Order for Details.* (iv) (Entered: 06/03/2021)
2021-06-07114NOTICE Objection to Fee-Shifting Provision in Referral of Motion to Special Master filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 06/07/2021)
2021-06-10115NOTICE filed by Plaintiff Lawrence P. Kalbers. Scheduling Proposal for Production of Documents and Vaughn Index (Attachments: # 1 Proposed Order)(Jacobs, Daniel) (Entered: 06/10/2021)
2021-06-10116Defendant's Proposal Re: Further Proceedings Before the Special Master filed by Defendant US Department of Justice re: Order 113 (Attachments: # 1 Proposed Order)(Medrano, Alarice) (Entered: 06/10/2021)
2021-06-15117[PLAINTIFF'S RESPONSE TO DEFENDANTS PROPOSAL FOR FURTHER PROCEEDINGS BEFORE THE SPECIAL MASTER filed as] NOTICE filed by plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) Modified on 6/16/2021 (iv). (Entered: 06/15/2021)
2021-06-15118RESPONSE filed by Defendant US Department of Justiceto Notice (Other) 115 (Medrano, Alarice) (Entered: 06/15/2021)
2021-06-16119NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Response 117 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - Other Filings - Miscellaneous Filings - Response. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (iv) (Entered: 06/16/2021)
2021-06-16120MINUTES (IN CHAMBERS) ORDER RE: CONSOLIDATION by Judge Fernando M. Olguin. *See Order for dates and requirements.* (iv) (Entered: 06/16/2021)
2021-06-21121BRIEF filed by plaintiff Lawrence P. Kalbers. Memorandum Re: Consolidation regarding Minutes of In Chambers Order/Directive - no proceeding held 120 . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Jacobs, Daniel) (Entered: 06/21/2021)
2021-06-21122BRIEF filed by Defendant US Department of Justice. Memorandum Re: Consolidation regarding Minutes of In Chambers Order/Directive - no proceeding held 120 . (Medrano, Alarice) (Entered: 06/21/2021)
2021-06-24123MINUTES (IN CHAMBERS) ORDER RE: VACATING REFERRAL OF MOTION TO SPECIAL MASTER by Judge Fernando M. Olguin. *See Order for Details.* (iv) (Entered: 06/24/2021)
2021-06-28124ORDER RE: SCHEDULE FOR PRODUCTION OF DOCUMENTS AND VAUGHN INDEX by Special Master Hon. Suzanne H. Segal. *See Order for Details.* (iv) (Entered: 06/28/2021)
2021-07-06125MINUTES (IN CHAMBERS) ORDER RE: CONSOLIDATION by Judge Fernando M. Olguin. Lawrence Kalbers v. U.S. Department of Justice, CV 18-8439; United States of America v. James Robert Liang, et al., CV 21-4558; and United States v. Richard Bauder, et al., CV 21- 4559 are hereby consolidated. The Clerk shall consolidate these actions such that the earlier filed action, Kalbers, CV 18-8439, is the lead case. All future filings shall be filed in Kalbers, CV 18-8439. (iv) (Entered: 07/08/2021)
2021-07-12126*WITHDRAWN* NOTICE OF MOTION AND MOTION for Review of Special Master's re Order 124 re Schedule for Production of Documents and Vaughn Index filed by Defendant US Department of Justice. Motion set for hearing on 8/12/2021 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Medrano, Alarice) Modified on 7/20/2021 (vdr). (Entered: 07/12/2021)
2021-07-15127STATUS REPORT Joint filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 07/15/2021)
2021-07-20128Notice of Withdrawal of Motion for Review, 126 filed by Defendant US Department of Justice. (Medrano, Alarice) (Entered: 07/20/2021)
2021-07-30129OPPOSITION filed by Plaintiff Lawrence P. Kalbers. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 September 16, 2019 Order, # 6 October 9, 2020 Order, # 7 February 5, 2021 Order)(Jacobs, Daniel) (Entered: 07/30/2021)
2021-08-02130NOTICE OF MOTION AND MOTION for Review of Special Master's Order Staying Production of Documents and Vaughn Index Pending Review of Defendant's Rogue Petitions filed by Plaintiff Lawrence P. Kalbers. Motion set for hearing on 9/2/2021 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Memorandum, # 2 Proposed Order, # 3 Exhibit 1 (DOJ's non-opposition to unsealing of EDMI transfer order), # 4 Exhibit 2 (Special Master's First Amended Order Re: Schedule for Production of Documents and Vaughn Index), # 5 9/16/19 Court Order, # 6 10/9/20 Court Order, # 7 2/5/21 Court Order) (Jacobs, Daniel) (Entered: 08/02/2021)
2021-08-03131FIRST AMENDED ORDER RE: SCHEDULE FOR PRODUCTION OF DOCUMENTS AND VAUGHN INDEX by Special Master Hon. Suzanne H. Segal. *See Order for Details.* (iv) (Entered: 08/04/2021)
2021-08-04132EX PARTE APPLICATION for Extension of Time to File ANY REPLY TO RESPONSE(S) TO PETITIONS; AND DECLARATION OF ALARICE M. MEDRANO filed by Defendant US Department of Justice. (Attachments: # 1 Proposed Order) (Medrano, Alarice) (Entered: 08/04/2021)
2021-08-04133NOTICE OF ERRATA filed by Defendant US Department of Justice. correcting EX PARTE APPLICATION for Extension of Time to File ANY REPLY TO RESPONSE(S) TO PETITIONS; AND DECLARATION OF ALARICE M. MEDRANO 132 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Medrano, Alarice) (Entered: 08/04/2021)
2021-08-04134ORDER RE EX PARTE APPLICATION 132 by Special Master Hon. Suzanne H. Segal. *See Order for Details.* (iv) (Entered: 08/04/2021)
2021-08-05135OPPOSITION to EX PARTE APPLICATION for Extension of Time to File ANY REPLY TO RESPONSE(S) TO PETITIONS; AND DECLARATION OF ALARICE M. MEDRANO 132 filed by Plaintiff Lawrence P. Kalbers. (Attachments: # 1 Exhibit 1)(Jacobs, Daniel) (Entered: 08/05/2021)
2021-08-05136RESPONSE IN SUPPORT OF UNITED STATES PETITION REGARDING GRAND JURY MATERIAL SOUGHT IN FREEDOM OF INFORMATION ACT LITIGATION filed by Consol Defendant Volkswagen AG. (Steinberg, Michael) (Entered: 08/05/2021)
2021-08-06137ORDER EXTENDING THE TIME FOR DEFENDANT TO FILE ANY REPLY TO RESPONSE(S) TO PETITIONS by Special Master Hon. Suzanne H. Segal. *See Order for Details.* (iv) (Entered: 08/06/2021)
2021-08-06138Joint STIPULATION to Continue Hearing on Plaintiff's Motion For Review from 9/2/2021 to 9/9/2021 Re: NOTICE OF MOTION AND MOTION for Review of Special Master's Order Staying Production of Documents and Vaughn Index Pending Review of Defendant's Rogue Petitions 130 filed by Defendant US Department of Justice. (Attachments: # 1 Proposed Order)(Medrano, Alarice) (Entered: 08/06/2021)
2021-08-09139ORDER CONTINUING THE HEARING ON PLAINTIFF'S MOTION FOR REVIEW 138 by Judge Fernando M. Olguin. The hearing on Plaintiff's Motion for Review is continued to September 9, 2021, at 10:00 a.m. (iv) (Entered: 08/10/2021)
2021-08-19140MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Review of Special Master's Order Staying Production of Documents and Vaughn Index Pending Review of Defendant's Rogue Petitions 130 ; and Declaration of Alarice M. Medrano filed by Defendant US Department of Justice. (Medrano, Alarice) (Entered: 08/19/2021)
2021-08-26141REPLY in support of NOTICE OF MOTION AND MOTION for Review of Special Master's Order Staying Production of Documents and Vaughn Index Pending Review of Defendant's Rogue Petitions 130 filed by Plaintiff Lawrence P. Kalbers. (Attachments: # 1 Exhibit 1)(Jacobs, Daniel) (Entered: 08/26/2021)
2021-08-30142REPLY in support of United States Petition Re: Grand Jury Material filed by Defendant US Department of Justice. (Attachments: # 1 Declaration of Alison Anderson, # 2 Declaration of Amber Blaha)(Medrano, Alarice) (Entered: 08/30/2021)
2021-08-30143MINUTES (In Chambers) Order Re: Motion for Review by Judge Fernando M. Olguin. Accordingly, IT IS ORDERED THAT plaintiff's Motion (Document No. 130 ) is denied. (lom) (Entered: 08/31/2021)
2021-09-09144NOTICE of Filing Correspondence with Special Master's Case Manager; and Declaration of Alarice M. Medrano filed by Defendant US Department of Justice. (Attachments: # 1 Exhibit A)(Medrano, Alarice) (Entered: 09/09/2021)
2021-09-13145STATUS REPORT (Joint) filed by Plaintiff Lawrence P. Kalbers. (Attachments: # 1 Exhibit 1)(Jacobs, Daniel) (Entered: 09/13/2021)
2021-09-17146Notice of Appearance or Withdrawal of Counsel: for attorney Ashwin J. Ram counsel for Consol Defendant Volkswagen AG. Adding Ashwin J. Ram as counsel of record for Volkswagen AG for the reason indicated in the G-123 Notice. Filed by Defendant Volkswagen AG. (Attorney Ashwin J. Ram added to party Volkswagen AG(pty:condft))(Ram, Ashwin) (Entered: 09/17/2021)
2021-09-17147APPLICATION of Non-Resident Attorney Christopher S. Niewoehner to Appear Pro Hac Vice on behalf of Consol Defendant Volkswagen AG (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32005802) filed by Defendant Volkswagen AG. (Attachments: # 1 Proposed Order) (Ram, Ashwin) (Entered: 09/17/2021)
2021-09-20148ORDER by Judge Fernando M. Olguin: Granting Application of Non-Resident Attorney Christopher Niewoehner to Appear Pro Hac Vice on behalf of Defendant Volkswagen AG, designating Ashwin Ram as local counsel 147 . (iv) (Entered: 09/20/2021)
2021-09-23149APPLICATION of Non-Resident Attorney Jason M. Weinstein to Appear Pro Hac Vice on behalf of Consol Defendant Volkswagen AG (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32033275) filed by Defendant Volkswagen AG. (Attachments: # 1 Proposed Order) (Ram, Ashwin) (Entered: 09/23/2021)
2021-09-23150NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Jason M. Weinstein to Appear Pro Hac Vice on behalf of Consol Defendant Volkswagen AG (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32033275) 149 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): The attorney seeking to appear pro hac vice must complete Section 1 of this Application, personally sign, in ink, the certification in Section II, and have the designated Local Counsel sign in Section III. ELECTRONIC SIGNATURES ARE NOT ACCEPTED. See Instructions for Applicants (1) (G-64). (lt) (Entered: 09/23/2021)
2021-09-27151ORDER by Judge Fernando M. Olguin: Granting Application of Non-Resident Attorney Jason Weinstein to Appear Pro Hac Vice on behalf of Defendant Volkswagen AG, designating Ashwin Ram as local counsel 149 . (iv) (Entered: 09/27/2021)
2021-11-05152SPECIAL MASTER'S REPORT AND RECOMMENDATION RE DEFENDANT'S PETITIONS REGARDING GRAND JURY MATERIAL SOUGHT IN FOIA LITIGATION by Special Master Hon. Suzanne H. Segal. *See Order for Details.* (iv) (Entered: 11/08/2021)
2021-11-05160REPORT AND RECOMMENDATIONS of Special Master. Objections to R&R due by 11/15/2021. (iv) (Entered: 12/03/2021)
2021-11-09153ORDER RE: INDICATIVE RULING by Judge Fernando M. Olguin. *See Order for Details.* (iv) (Entered: 11/09/2021)
2021-11-10154ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 92 filed by Volkswagen AG. CCA # 20-56316. The parties are ordered to file supplemental briefs of no more than ten pages addressing mootness in light of the district court's Order re Indicative Ruling. (iv) (Entered: 11/12/2021)
2021-11-12155NOTICE Joint Status Report filed by Plaintiff Lawrence P. Kalbers. (Attachments: # 1 Exhibit Def.'s Ex A, # 2 Exhibit Def.'s Ex B, # 3 Exhibit Def.'s Ex C, # 4 Exhibit Def.'s Ex D, # 5 Exhibit Def.'s Ex E)(Jacobs, Daniel) (Entered: 11/12/2021)
2021-11-17156NOTICE OF FILING AND FILING OF SPECIAL MASTERS ORDER AMENDING FIRST AMENDED ORDER RE SCHEDULE, ETC., AND SETTING DEADLINES FOR OBJECTIONS TO REPORT AND RECOMMENDATION filed by Defendant US Department of Justice. (Attachments: # 1 Attachment)(Medrano, Alarice) (Entered: 11/17/2021)
2021-11-22157ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 92 filed by Volkswagen AG. CCA # 20-56316. Both parties have requested that this court dismiss this appeal as moot, but Appellant Volkswagen AG has requested additional relief. To the extent that the parties agree on the appropriate course of action, they are directed to file a joint motion to dismiss under Federal Rule of Appellate Procedure 42(b). [See order for further details] (car) (Entered: 11/23/2021)
2021-12-01158APPLICATION of Non-Resident Attorney James M. Hobbs to Appear Pro Hac Vice on behalf of Consol Defendant Volkswagen AG (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32410959) filed by Defendant Volkswagen AG. (Attachments: # 1 Proposed Order) (Ram, Ashwin) (Entered: 12/01/2021)
2021-12-03159OBJECTIONS to Order 152 TO SPECIAL MASTERS REPORT AND RECOMMENDATION RE: DEFENDANTS PETITIONS REGARDING GRAND JURY MATERIAL SOUGHT IN FOIA LITIGATION filed by Defendant US Department of Justice. (Medrano, Alarice) (Entered: 12/03/2021)
2021-12-03161OBJECTION to Report and Recommendations - Special Master 160 filed by Defendant Volkswagen AG.(Steinberg, Michael) (Entered: 12/03/2021)
2021-12-06162REPLY TO OBJECTION to Report and Recommendations - Special Master 160 filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 12/06/2021)
2021-12-07163ORDER by Judge Fernando M. Olguin: GRANTING 158 Non-Resident Attorney James M. Hobbs APPLICATION to Appear Pro Hac Vice on behalf of Defendant Volkswagen AG, designating Ashwin J. Ram as local counsel. (shb) (Entered: 12/07/2021)
2021-12-21164NOTICE OF FILING CORRESPONDENCE WITH THE SPECIAL MASTERS CASE MANAGER; DECLARATION OF ALARICE M. MEDRANO; AND EXHIBITS A and B filed by Defendant US Department of Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Medrano, Alarice) (Entered: 12/21/2021)
2021-12-21165NOTICE filed by Defendant Volkswagen AG. Notice of Filing Correspondence with the Special Master. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Steinberg, Michael) (Entered: 12/21/2021)
2021-12-28166OPINION from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 92 filed by Volkswagen AG. CCA # 20-56316. The decision of the District Court is REVERSED and REMANDED. (iv) (Entered: 12/28/2021)
2022-01-06167REQUEST FOR JUDICIAL NOTICE Motion for Judicial Notice filed by Plaintiff Lawrence P. Kalbers. (Attachments: # 1 Memorandum in Support of Motion for Judicial Notice, # 2 Exhibit 1 (unofficial partial transcript))(Jacobs, Daniel) (Entered: 01/06/2022)
2022-01-07168NOTICE OF LODGING filed re Request for Judicial Notice 167 (Attachments: # 1 Proposed Order)(Jacobs, Daniel) (Entered: 01/07/2022)
2022-01-10169APPLICATION of Non-Resident Attorney Anne L. Weismann to Appear Pro Hac Vice on behalf of Plaintiff Lawrence P. Kalbers (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32596091) filed by plaintiff Lawrence P. Kalbers. (Attachments: # 1 Proposed Order) (Jacobs, Daniel) (Entered: 01/10/2022)
2022-01-10170REPLY TO OBJECTION to Report and Recommendations - Special Master 160 filed by plaintiff Lawrence P. Kalbers. Opposition to Additional Briefing on Exemption 3/Rule 6(e) Issue (Jacobs, Daniel) (Entered: 01/10/2022)
2022-01-10171NOTICE OF LODGING filed Proposed Second Amended Order Re: Schedule for Production of Documents and Vaughn Index re Order 131 (Attachments: # 1 Proposed Order)(Jacobs, Daniel) (Entered: 01/10/2022)
2022-01-10173ORDER by Judge Fernando M. Olguin: Granting Application of Non-Resident Attorney Anne Weismann to Appear Pro Hac Vice on behalf of Plaintiff Lawrence Kalbers, designating Donald Jacobs as local counsel 169 . (iv) (Entered: 01/11/2022)
2022-01-11172NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Anne L. Weismann to Appear Pro Hac Vice on behalf of Plaintiff Lawrence P. Kalbers (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32596091) 169 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Proposed Order is incomplete. Attorney firm information is missing. (lt) (Entered: 01/11/2022)
2022-01-11174STATUS REPORT [Joint] filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 01/11/2022)
2022-01-12175NOTICE filed by Defendant Volkswagen AG. Notice of Filing of Correspondence with the Special Master. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Steinberg, Michael) (Entered: 01/12/2022)
2022-01-13176MEMORANDUM OF LAW IN RESPONSE TO PLAINTIFF'S MOTION FOR JUDICIAL NOTICE filed by Consol Defendant Volkswagen AG. (Attachments: # 1 Proposed Order)(Steinberg, Michael) (Entered: 01/13/2022)
2022-01-18177NOTICE OF FILING AND FILING OF SPECIAL MASTERS ORDER AMENDING FIRST AMENDED ORDER RE SCHEDULE, ETC., AND SETTING DEADLINES FOR OBJECTIONS TO REPORT AND RECOMMENDATION filed by Defendant Volkswagen AG. (Attachments: # 1 Attachment)(Steinberg, Michael) (Entered: 01/18/2022)
2022-01-20178REPLY in support of Motion for Judicial Notice filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 01/20/2022)
2022-01-24179RESPONSE filed by Defendant US Department of Justiceto Reply to Objection to Report and Recommendation 162 (Medrano, Alarice) (Entered: 01/24/2022)
2022-01-24180RESPONSE filed by Consol Defendant Volkswagen AGto Reply to Objection to Report and Recommendation 162 (Attachments: # 1 Declaration of Jason M. Weinstein)(Steinberg, Michael) (Entered: 01/24/2022)
2022-02-01181TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion for Judicial Notice 167 currently set for hearing on February 3, 2022, is taken off calendar and placed under submission. No appearances are required on that date. The court may order further briefing or other proceedings, at any time, as appropriate. Order to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY (Entered: 02/01/2022)
2022-02-22182MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 92 , CCA # 20-56316. The judgment of this Court, entered December 28, 2021, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. See USCA Opinion 166 . We order the district court on remand to grant the Rule 24(a) motion and permit the immediate intervention of VW into these proceedings. REVERSED and REMANDED(mat) (Entered: 02/23/2022)
2022-03-14183STATUS REPORT (Joint) filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 03/14/2022)
2022-04-04184NOTICE of Change of firm name and address by Daniel Jacobs attorney for Plaintiff Lawrence P. Kalbers. Changing firm name to Attorney-at-Law and address to PO Box 5479, Irvine, CA 92616. Filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 04/04/2022)
2022-04-04185NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Change of Address 184 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Change of Attorney Business or Contact Information. Blank document In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) (Entered: 04/04/2022)
2022-05-13186STATUS REPORT Joint filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 05/13/2022)
2022-06-30187NOTICE of Supplementary Authority filed by Intervenor Volkswagen AG. (Attachments: # 1 Exhibit A)(Steinberg, Michael) (Entered: 06/30/2022)
2022-07-12188STATUS REPORT (Joint) filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 07/12/2022)
2022-08-25189NOTICE OF MOTION AND MOTION to Expedite Consideration filed by Plaintiff Lawrence P. Kalbers. Motion set for hearing on 9/22/2022 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Memorandum in Support of Motion for Expedited Consideration, # 2 Declaration of Lawrence P. Kalbers, PhD, # 3 Proposed Order) (Jacobs, Daniel) (Entered: 08/25/2022)
2022-08-31190MINUTE (IN CHAMBERS) ORDER RE: OBJECTIONS TO SPECIAL MASTER'S REPORT AND RECOMMENDATION by Judge Fernando M. Olguin. *See Order for Details.* (iv) (Entered: 09/01/2022)
2022-09-01191MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Expedite Consideration 189 filed by Intervenor Volkswagen AG. (Attachments: # 1 Proposed Order)(Steinberg, Michael) (Entered: 09/01/2022)
2022-09-01192OPPOSITION to NOTICE OF MOTION AND MOTION to Expedite Consideration 189 filed by Defendant US Department of Justice. (Medrano, Alarice) (Entered: 09/01/2022)
2022-09-02193NOTICE OF LODGING filed re Order 131 (Attachments: # 1 Proposed Order SECOND AMENDED ORDER RE: SCHEDULE FOR PRODUCTION OF DOCUMENTS AND VAUGHN INDEX)(Jacobs, Daniel) (Entered: 09/02/2022)
2022-09-06194Joint STIPULATION to Continue HEARING ON PLAINTIFF'S MOTION TO EXPEDITE CONSIDERATION; AND DECLARATION OF ALARICE M. MEDRANO from 09/22/2022 to 10/06/2022 Re: NOTICE OF MOTION AND MOTION to Expedite Consideration 189 filed by Defendant US Department of Justice. (Attachments: # 1 Proposed Order)(Medrano, Alarice) (Entered: 09/06/2022)
2022-09-07195ORDER CONTINUING THE HEARING ON PLAINTIFF'S MOTION TO EXPEDITE CONSIDERATION 194 by Judge Fernando M. Olguin. Plaintiff's Motion to Expedite Consideration is continued to October 6, 2022, at 10:00 a.m. (iv) (Entered: 09/08/2022)
2022-09-12196STATUS REPORT (Joint) filed by Plaintiff Lawrence P. Kalbers. (Attachments: # 1 Attachment A)(Jacobs, Daniel) (Entered: 09/12/2022)
2022-09-22197REPLY in support of NOTICE OF MOTION AND MOTION to Expedite Consideration 189 filed by Plaintiff Lawrence P. Kalbers. (Attachments: # 1 Proposed Order)(Jacobs, Daniel) (Entered: 09/22/2022)
2022-09-28198NOTICE OF LODGING filed by Intervenor Volkswagen AG re Order 131 (Attachments: # 1 Exhibit A - Proposed Order, # 2 Exhibit B - Redline)(Steinberg, Michael) (Entered: 09/28/2022)
2022-09-28199JOINDER filed by Defendant US Department of Justice joining in Notice of Lodging 198 . (Medrano, Alarice) (Entered: 09/28/2022)
2022-09-28200NOTICE OF LODGING filed Revised Proposed Second Amended Scheduling Order re Notice of Lodging 193 (Attachments: # 1 Proposed Order Revised Proposed Second Amended Scheduling Order)(Jacobs, Daniel) (Entered: 09/28/2022)
2022-09-29201TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. To clarify the record, the court has lifted the stay imposed on December 28, 2018, due to a short-term lapse in appropriations. (See Dkt. 19 ). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY (Entered: 09/29/2022)
2022-10-03202TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin: On the court's own motion, Motion for Expedited Consideration 189 , currently set for hearing on October 6, 2022, is taken off calendar and placed under submission. No appearances are required on that date. The court may order further briefing or other proceedings, at any time, as appropriate. Order to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY (Entered: 10/03/2022)
2022-10-13203NOTICE OF MOTION AND MOTION for Order for Limiting Volkswagen's Intervention filed by Plaintiff Lawrence P. Kalbers. Motion set for hearing on 11/10/2022 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Memorandum in Support of Motion Limiting Volkswagen's Intrevention, # 2 Proposed Order) (Jacobs, Daniel) (Entered: 10/13/2022)
2022-10-17204Notice OF FILING SPECIAL MASTERS SECOND AMENDED ORDER RE: SCHEDULE FOR PRODUCTION OF DOCUMENTS AND VAUGHN INDEX filed by Defendant US Department of Justice. (Attachments: # 1 Exhibit 1)(Medrano, Alarice) (Entered: 10/17/2022)
2022-10-20205MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Order for Limiting Volkswagen's Intervention 203 filed by Intervenor Volkswagen AG. (Steinberg, Michael) (Entered: 10/20/2022)
2022-10-20206DECLARATION of Andrew J. Finn in Opposition to NOTICE OF MOTION AND MOTION for Order for Limiting Volkswagen's Intervention 203 filed by Intervenor Volkswagen AG. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Steinberg, Michael) (Entered: 10/20/2022)
2022-10-20207OPPOSITION to NOTICE OF MOTION AND MOTION for Order for Limiting Volkswagen's Intervention 203 filed by Defendant US Department of Justice. (Medrano, Alarice) (Entered: 10/20/2022)
2022-10-27208NOTICE OF MOTION AND MOTION for Review of Special Master's Order re Notice (Other) 204 Second Amended Order Re: Schedule for Production of Documents and Vaughn Index filed by Plaintiff Lawrence P. Kalbers. Motion set for hearing on 12/1/2022 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Memorandum in Support of Motion for Review of Special Master's Order and Reply Memorandum in Support of Motion to Limit Volkswagen's Intervention, # 2 Exhibit 1, # 3 Proposed Order) (Jacobs, Daniel) (Entered: 10/27/2022)
2022-10-27209RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Order for Limiting Volkswagen's Intervention 203 filed by Plaintiff Lawrence P. Kalbers. (Attachments: # 1 Exhibit 1)(Jacobs, Daniel) (Entered: 10/27/2022)
2022-11-04210TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin: On the court's own motion, the hearing on the Motion for Order Limiting Volkswagen's Invervention 203 , currently set for hearing on November 10, 2022, is taken off calendar and placed under submission. No appearances are required on that date. The court may order further briefing or other proceedings, at any time, as appropriate. Order to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY (Entered: 11/04/2022)
2022-11-10211MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Review of Special Master's Order re Notice (Other) 204 Second Amended Order Re: Schedule for Production of Documents and Vaughn Index 208 filed by Intervenor Volkswagen AG. (Steinberg, Michael) (Entered: 11/10/2022)
2022-11-10212OPPOSITION in opposition re: NOTICE OF MOTION AND MOTION for Review of Special Master's Order re Notice (Other) 204 Second Amended Order Re: Schedule for Production of Documents and Vaughn Index 208 filed by Defendant US Department of Justice. (Medrano, Alarice) (Entered: 11/10/2022)
2022-11-14213STATUS REPORT (Joint) filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 11/14/2022)
2022-11-16214RESPONSE filed by Defendant US Department of Justiceto Notice (Other) 204 , Minutes of In Chambers Order/Directive - no proceeding held 190 SUPPLEMENTAL MEMORANDUM RE: RULE 6(E) PETITIONS (Medrano, Alarice) (Entered: 11/16/2022)
2022-11-16215SUPPLEMENT Plaintiff's Supplemental Memorandum Re: Defendant's Rogue Petitions filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 11/16/2022)
2022-11-16216RESPONSE filed by Intervenor Volkswagen AGto Notice (Other) 204 , Minutes of In Chambers Order/Directive - no proceeding held 190 Supplemental Memorandum re Defendant's Petitions re Grand Jury Material Sought in FOIA Litigation (Steinberg, Michael) (Entered: 11/16/2022)
2022-11-17217REPLY in support of NOTICE OF MOTION AND MOTION for Review of Special Master's Order re Notice (Other) 204 Second Amended Order Re: Schedule for Production of Documents and Vaughn Index 208 filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 11/17/2022)
2022-11-22218TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin: On the court's own motion, the Motion for Review 208 , currently set for hearing on December 1, 2022, is taken off calendar and placed under submission. No appearances are required on that date. The court may order further briefing or other proceedings, at any time, as appropriate. Order to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY (Entered: 11/22/2022)
2022-11-28219SUPPLEMENT Response to Supplemental Briefs re: Rogue Petitions filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 11/28/2022)
2022-11-28220RESPONSE filed by Intervenor Volkswagen AGto Notice (Other) 204 Response to Plaintiff's Supplemental Memorandum Concerning Defendant's Petitions Regarding Grand Jury Material Sought in FOIA Litigation (Steinberg, Michael) (Entered: 11/28/2022)
2022-11-28221RESPONSE filed by Defendant US Department of Justiceto Notice (Other) 204 Response to Supplemental Briefing Re Grand Jury Material Sought in FOIA Litigation (Medrano, Alarice) (Entered: 11/28/2022)
2022-12-19222MINUTES (IN CHAMBERS) ORDER RE:PEDNING MOTIONS 88 167 189 203 by Judge Fernando M. Olguin. *See Order for Details.* (iv) (Entered: 12/19/2022)
2022-12-20223MINUTES (IN CHAMBERS) ORDER RE: MOTION FOR REVIEW OF SPECIAL MASTER'S ORDER 208 by Judge Fernando M. Olguin. Plaintiff's Motion is denied. (iv) (Entered: 12/20/2022)
2023-01-13224STATUS REPORT (Joint) filed by Intervenor Volkswagen AG. (Steinberg, Michael) (Entered: 01/13/2023)
2023-01-27225NOTICE OF LODGING filed of Proposed Scheduling Order re Notice (Other) 204 (Attachments: # 1 Proposed Order, # 2 Special Master's email)(Jacobs, Daniel) (Entered: 01/27/2023)
2023-01-27226Notice OF FILING CORRESPONDENCE WITH THE SPECIAL MASTERS CASE MANAGER; DECLARATION OF ALARICE M. MEDRANO; AND EXHIBIT A filed by Defendant US Department of Justice. (Attachments: # 1 Exhibit A)(Medrano, Alarice) (Entered: 01/27/2023)
2023-01-27227Notice of Filing filed by Intervenor Volkswagen AG. (Attachments: # 1 Exhibit A)(Steinberg, Michael) (Entered: 01/27/2023)
2023-03-06228SPECIAL MASTER'S ORDER REQUIRING FURTHER DEVELOPMENT OF THE RECORD RE GRAND JURY MATERIAL AND PETITIONS by Special Master Hon. Suzanne H. Segal. *See Order for Details.* (iv) (Entered: 03/06/2023)
2023-03-14229STATUS REPORT (Joint) filed by Intervenor Volkswagen AG. (Steinberg, Michael) (Entered: 03/14/2023)
2023-03-16230Joint STIPULATION for Extension of Time to File Objections to Special Master's Order Requiring Further Development of the Record re: Grand Jury Material and Petitions filed by Intervenor Volkswagen AG. (Attachments: # 1 Proposed Order)(Steinberg, Michael) (Entered: 03/16/2023)
2023-03-17231ORDER RE: OJECTIONS TO SPECIAL MASTERS ORDER REQUIRING FURTHER DEVELOPMENT OF THE RECORD RE: GRAND JURY MATERIAL AND PETITIONS 230 by Judge Fernando M. Olguin. *See Order for Details.* (iv) (Entered: 03/17/2023)
2023-04-11232Proposal for Limited Additional Briefing filed by Plaintiff Lawrence P. Kalbers (Jacobs, Daniel) (Entered: 04/11/2023)
2023-04-11233NOTICE OF LODGING filed re Miscellaneous Document 232 (Attachments: # 1 Proposed Order Re: Limited Additional Briefing)(Jacobs, Daniel) (Entered: 04/11/2023)
2023-04-11234Notice filed by Defendant US Department of Justice. Notice of Filing Proposal Re: Resolution of Outstanding Legal Issues and Proposed Briefing Schedule (Attachments: # 1 DOJ's Proposal, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order)(Medrano, Alarice) (Entered: 04/11/2023)
2023-04-11235Proposal Re: Outstanding Legal Issues and Proposed Briefing Schedule on Rule 6(e) Petitions filed by Intervenor Volkswagen AG (Steinberg, Michael) (Entered: 04/11/2023)
2023-04-14236NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Miscellaneous Document 235 , Notice of Lodging 233 , Notice (Other), 234 , Miscellaneous Document 232 . The following error(s) was/were found: Documents appears to be for the Special Master to review and sign. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom) (Entered: 04/14/2023)
2023-05-04237Notice of Appearance or Withdrawal of Counsel: for attorney Ashwin J. Ram counsel for Consol Defendant Volkswagen AG. James M. Hobbs is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Consol Defendant Volkswagen AG. (Ram, Ashwin) (Entered: 05/04/2023)
2023-05-15238STATUS REPORT (Joint) filed by Intervenor Volkswagen AG. (Attachments: # 1 Exhibit A)(Steinberg, Michael) (Entered: 05/15/2023)
2023-05-16239ORDER RE: RESOLUTION OF THE OUTSTANDING LEGAL ISSUES AND BRIEFING SCHEDULE by Special Master Hon. Suzanne H. Segal. *See Order for Details.* (iv) (Entered: 05/16/2023)
2023-06-26240Plaintiff's Memorandum of Law Addressing Outstanding Legal Issues re: Order 239 (Attachments: # 1 Exhibit 1 (Decl. of Lawrence P. Kalbers, PhD))(Jacobs, Daniel) (Entered: 06/26/2023)
2023-06-26241BRIEF filed by Defendant US Department of Justice. Opening Brief regarding Order 239 . (Attachments: # 1 Declaration of Judy Harvey, # 2 Declaration of Christina Butler, # 3 Appendix 1)(Medrano, Alarice) (Entered: 06/26/2023)
2023-06-26242MEMORANDUM OF LAW ON OUTSTANDING LEGAL ISSUES RELATED TO PETITIONS filed by Intervenor Volkswagen AG. Opening Brief regarding Order 239 . (Steinberg, Michael) (Entered: 06/26/2023)
2023-07-14243STATUS REPORT (Joint) filed by Intervenor Volkswagen AG. (Steinberg, Michael) (Entered: 07/14/2023)
2023-07-21244Joint STIPULATION to Continue THE DEADLINES FOR THE PARTIES TO FILE RESPONSE BRIEFS from July 26, 2023 to August 4, 2023 Re: Order 239 filed by Defendant US Department of Justice. (Attachments: # 1 Proposed Order)(Medrano, Alarice) (Entered: 07/21/2023)
2023-08-03245Notice OF FILING SPECIAL MASTER'S ORDER CONTINUING THE DEADLINE FOR THE PARTIES TO FILE RESPONSE BRIEFS filed by Defendant US Department of Justice. (Attachments: # 1 Special Master's Order)(Medrano, Alarice) (Entered: 08/03/2023)
2023-08-04246REPLY filed by Plaintiff Lawrence P. Kalbers to Miscellaneous Document 240 Plaintiff's Reply Memorandum of Law Addressing Outstanding Legal Issues (Attachments: # 1 Declaration of David McCraw)(Jacobs, Daniel) (Entered: 08/04/2023)
2023-08-04247RESPONSE filed by Intervenor Volkswagen AGto Order 239 Response Memorandum of Law Addressing Outstanding Legal Issues (Steinberg, Michael) (Entered: 08/04/2023)
2023-08-04248RESPONSE filed by Defendant US Department of Justiceto Order 239 Brief Re: Outstanding Legal Issues (Medrano, Alarice) (Entered: 08/04/2023)
2023-09-06249Notice Request to Special Master for Expedited Consideration filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 09/06/2023)
2023-09-18250STATUS REPORT (Joint) filed by Intervenor Volkswagen AG. (Steinberg, Michael) (Entered: 09/18/2023)
2023-10-05251Notice OF NON-AVAILABILITY IN RE: PRIOR REQUEST FOR HEARING BEFORE SPECIAL MASTER; AND DECLARATION OF ALARICE M. MEDRANO filed by Defendant US Department of Justice. (Medrano, Alarice) (Entered: 10/05/2023)
2023-11-13252STATUS REPORT (Joint) filed by Intervenor Volkswagen AG. (Steinberg, Michael) (Entered: 11/13/2023)
2023-11-28253Notice OF FILING SPECIAL MASTERS REVISED REPORT AND RECOMMENDATION RE DEFENDANTS PETITIONS REGARDING GRAND JURY MATERAL SOUGHT IN FOIA LITIGATION filed by Defendant US Department of Justice. (Attachments: # 1 Attachment)(Medrano, Alarice) (Entered: 11/28/2023)
2023-12-08254Notice REQUEST TO SPECIAL MASTER FOR CLARIFICATION THAT THE PARTIES HAVE 21 DAYS TO FILE OBJECTIONS, CONSISTENT WITH THE COURTS PRIOR ORDERS AND RULE 53 filed by Defendant US Department of Justice. (Medrano, Alarice) (Entered: 12/08/2023)
2023-12-08255OBJECTIONS to Notice (Other) 254 Opposition to Defendant's Request for Extension of Time to Object to Special Master's Revised Report and Recommendation filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 12/08/2023)
2023-12-08256Notice of Filing SPECIAL MASTER'S ORDER EXTENDING TIME FOR OBJECTIONS TO 21 DAYS FROM DATE OF REPORT AND RECOMMENDATION AND EXTENDING TIME FOR RESPONSE TO OBJECTIONS filed by Defendant US Department of Justice. (Attachments: # 1 SPECIAL MASTER'S ORDER)(Medrano, Alarice) (Entered: 12/08/2023)
2023-12-19257OBJECTIONS to the Special Master's Revised Report and Recommendation [253-1] filed by Defendant US Department of Justice. (Medrano, Alarice) (Entered: 12/19/2023)
2023-12-19258OBJECTIONS to the Special Master's Revised Report and Recommendation [253-1] filed by Intervenor Volkswagen AG. (Steinberg, Michael) (Entered: 12/19/2023)
2024-01-12259STATUS REPORT (Joint) filed by Intervenor Volkswagen AG. (Steinberg, Michael) (Entered: 01/12/2024)
2024-01-18260RESPONSE filed by Plaintiff Lawrence P. Kalbersto Objection 257 , Objection 258 , Notice (Other), 253 Re: Special Master's Revised Report and Recommendation (Jacobs, Daniel) (Entered: 01/18/2024)
2024-01-18261NOTICE OF MOTION AND MOTION to Expedite Consideration of Special Master's Revised Report and Recommendation filed by Plaintiff Lawrence P. Kalbers. Motion set for hearing on 2/15/2024 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Memorandum in Support of Motion for Expedited Consideration of Special Master's Revised Report and Recommendation, # 2 Proposed Order) (Jacobs, Daniel) (Entered: 01/18/2024)
2024-01-25262OPPOSITION to NOTICE OF MOTION AND MOTION to Expedite Consideration of Special Master's Revised Report and Recommendation 261 filed by Intervenor Volkswagen AG. (Attachments: # 1 Declaration of Andrew J. Finn, # 2 Exhibit A)(Steinberg, Michael) (Entered: 01/25/2024)
2024-01-25263Defendant DOJ's Opposition in opposition to re: NOTICE OF MOTION AND MOTION to Expedite Consideration of Special Master's Revised Report and Recommendation 261 filed by Defendant US Department of Justice. (Medrano, Alarice) (Entered: 01/25/2024)
2024-02-01264RESPONSE IN SUPPORT of Motion for Expedited Consideration of Special Master's Revised Report and Recommendation filed by Plaintiff Lawrence P. Kalbers. (Attachments: # 1 Appendix Partial transcript)(Jacobs, Daniel) (Entered: 02/01/2024)
2024-02-09265TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion for Expedited Consideration Order 261 is taken off the 2/15/2024 calendar and placed under submission. No appearances are required on 2/15/2024. An order with the court's ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY (Entered: 02/09/2024)
2024-02-09266MINUTES (IN CHAMBERS) ORDER RE: MOTION 261 by Judge Fernando M. Olguin. No later than 2/26/2024, the parties shall meet and confer and submit to the Special Master a joint statement as to the methods for reviewing and producing responsive records. Plaintiff's Motion for Expedited Consideration of Special Master's Revised Report and Recommendation 261 is denied as moot. (vdr) (Entered: 02/09/2024)
2024-02-13267Notice filed by Defendant Volkswagen AG. Notice of Filing Correspondence with the Special Master (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Steinberg, Michael) (Entered: 02/13/2024)
2024-02-26268Plaintiff's Document Protocol Proposal filed by Plaintiff Lawrence P. Kalbers re: Notice (Other), 253 , Order on Motion to Expedite, 266 (Jacobs, Daniel) (Entered: 02/26/2024)
2024-02-26269NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendant Volkswagen AG. Appeal of Order on Motion to Expedite, 266 . (Appeal Fee - $605 Fee Paid, Receipt No. ACACDC-36980847.) (Attachments: # 1 Exhibit Copy of Order)(Steinberg, Michael) (Entered: 02/26/2024)
2024-02-26270REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals, 269 . (Steinberg, Michael) (Entered: 02/26/2024)
2024-02-26271RESPONSE filed by Defendant US Department of Justiceto Notice (Other), 253 , Order on Motion to Expedite, 266 DOJ's Response to Request for Proposals (Medrano, Alarice) (Entered: 02/26/2024)
2024-02-26272RESPONSE filed by Intervenor Volkswagen AGto Notice (Other), 253 , Order on Motion to Expedite, 266 VW's Response to Request for Proposals (Steinberg, Michael) (Entered: 02/26/2024)
2024-02-27273NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 24-1048 assigned to Notice of Appeal to 9th Circuit Court of Appeals, 269 as to Condefendant Volkswagen AG. (mat) (Entered: 02/28/2024)
2024-03-05274ORDER RE STATUS OF PROCEEDINGS FOLLOWING NOTICE OF APPEAL by Special Master Hon. Suzanne H. Segal. *See Order for Details.* (iv) (Entered: 03/06/2024)
2024-03-08275NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff United States of America. Appeal of Order on Motion to Expedite, 266 . (Appeal Fee - Not Required for US Goverment.) (Medrano, Alarice) (Entered: 03/08/2024)
2024-03-08276NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff United States of America. Appeal of Order on Motion to Expedite, 266 . (Appeal Fee - Not Required for US Goverment.) (Medrano, Alarice) (Entered: 03/08/2024)
2024-03-08277AMENDED NOTICE OF APPEAL to 9th CIRCUIT filed by Plaintiff United States of America. Amending Notice of Appeal to 9th Circuit Court of Appeals 276 Filed On: 3/8/2024; Entered On: 3/8/2024; (Medrano, Alarice) (Entered: 03/08/2024)
2024-03-08278AMENDED NOTICE OF APPEAL to 9th CIRCUIT filed by Plaintiff United States of America. Amending Notice of Appeal to 9th Circuit Court of Appeals 275 Filed On: 3/8/2024; Entered On: 3/8/2024; (Medrano, Alarice) (Entered: 03/08/2024)
2024-03-11279NOTICE OF ERRATA filed by Defendant US Department of Justice. correcting Notice of Appeal to 9th Circuit Court of Appeals 276 , Notice of Appeal to 9th Circuit Court of Appeals 275 (Medrano, Alarice) (Entered: 03/11/2024)
2024-03-11280NOTICE of Change of address by Daniel Jacobs attorney for Plaintiff Lawrence P. Kalbers. Changing attorneys address to P.O. Box 733, Los Angeles, CA 90294. Filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 03/11/2024)
2024-03-12281NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Notice of Change of Address 280 . The following error(s) was/were found: The attached document has no information. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (sbou) (Entered: 03/12/2024)
2024-03-12282NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Magistrate Judge Margo A. Rocconi for any discovery and/or post-judgment matters that may be referred. Case number will now read as 2:18-cv-08439-FMO-MARx. (vp) (Entered: 03/12/2024)
2024-03-12283STATUS REPORT (Joint) filed by Intervenor Volkswagen AG. (Steinberg, Michael) (Entered: 03/12/2024)
2024-03-13284NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 24-1477 assigned to Notice of Appeal to 9th Circuit Court of Appeals 275 as to CONPLA United States of America. (mat) (Entered: 03/14/2024)
2024-03-14285Notice filed by Intervenor Volkswagen AG. Decision in Related Proceeding (Attachments: # 1 Exhibit A)(Steinberg, Michael) (Entered: 03/14/2024)
2024-03-21286NOTICE OF MOTION AND MOTION to Stay Case filed by Defendant US Department of Justice. Motion set for hearing on 4/18/2024 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Proposed Order) (Medrano, Alarice) (Entered: 03/21/2024)
2024-03-21287NOTICE OF MOTION AND MOTION to Stay Case filed by Intervenor Volkswagen AG. Motion set for hearing on 4/18/2024 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Memorandum in Support of Motion to Stay, # 2 Proposed Order) (Steinberg, Michael) (Entered: 03/21/2024)
2024-03-28288OPPOSITION to NOTICE OF MOTION AND MOTION to Stay Case 287 , NOTICE OF MOTION AND MOTION to Stay Case 286 filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 03/28/2024)
2024-04-04289REPLY in support of NOTICE OF MOTION AND MOTION to Stay Case 286 filed by Defendant US Department of Justice. (Medrano, Alarice) (Entered: 04/04/2024)
2024-04-04290REPLY in support of NOTICE OF MOTION AND MOTION to Stay Case 287 filed by Intervenor Volkswagen AG. (Attachments: # 1 Declaration of Andrew J. Finn, # 2 Exhibit 1)(Steinberg, Michael) (Entered: 04/04/2024)
2024-04-12291TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motions to Stay 286 and 287 are taken off the 4/18/2024 calendar and placed under submission. No appearances are required on 4/18/2024. An order with the court's rulings will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY (Entered: 04/12/2024)
2024-05-13292STATUS REPORT (Joint) filed by Intervenor Volkswagen AG. (Steinberg, Michael) (Entered: 05/13/2024)
2024-05-16293Notice of Filing of Defendant's Ninth Circuit Motion to Amend Caption filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 05/16/2024)
2024-05-24294Notice of Additional Authority filed by Plaintiff Lawrence P. Kalbers. (Jacobs, Daniel) (Entered: 05/24/2024)
2024-05-28295RESPONSE filed by Intervenor Volkswagen AGto Notice (Other) 294 (Steinberg, Michael) (Entered: 05/28/2024)
2024-07-12296STATUS REPORT filed by Intervenor Volkswagen AG. (Steinberg, Michael) (Entered: 07/12/2024)
2024-09-10297STATUS REPORT (Joint) filed by Intervenor Volkswagen AG. (Steinberg, Michael) (Entered: 09/10/2024)
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