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Case TitleThe Intercept et al v. Department of Defense et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2020cv07739
Date Filed2020-11-02
Date Closed2021-09-22
JudgeMagistrate Judge Sallie Kim
PlaintiffThe Intercept
PlaintiffLee Fang
Case DescriptionLee Fang, a reporter for The Intercept, submitted FOIA requests to the Department of Homeland Security and six other agencies for records concerning reports filed under the Intergovernmental Personnel Act for all officials appointed under the statute from January 2017 to the present. Fang also requested a fee waiver. The agencies acknowledged receipt of the requests but after hearing nothing further from the agency, Fang and The Intercept filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantDepartment of Defense
DefendantSecurities and Exchange Commission
DefendantDepartment of Homeland Security
DefendantOffice of Management and Budget
DefendantDepartment of Transportation
DefendantDepartment of Health and Human Services
DefendantInternal Revenue Service
DefendantDepartment of Treasury
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-11-021COMPLAINT 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, receipt number 0971-15145396.). Filed byLee Fang, The Intercept. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Civil Cover Sheet)(Burke, Thomas) (Filed on 11/2/2020) (Entered: 11/02/2020)
2020-11-022Proposed Summons. (Burke, Thomas) (Filed on 11/2/2020) (Entered: 11/02/2020)
2020-11-033Case assigned to Magistrate Judge Sallie Kim. 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 11/17/2020. (haS, COURT STAFF) (Filed on 11/3/2020) (Entered: 11/03/2020)
2020-11-034Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/25/2021. Initial Case Management Conference set for 2/1/2021 01:30 PM in San Francisco, Courtroom C, 15th Floor. (Attachments: # 1 Standing Order, # 2 Standing Order)(msrS, COURT STAFF) (Filed on 11/3/2020) (Entered: 11/03/2020)
2020-11-04Electronic filing error . Please re-file in its entirety. Only named Defendants Re: 2 Proposed Summons filed by The Intercept, Lee Fang (msrS, COURT STAFF) (Filed on 11/4/ 2020) (Entered: 11/04/2020)
2020-11-055Proposed Summons. (Burke, Thomas) (Filed on 11/5/2020) (Entered: 11/05/2020)
2020-11-066Summons Issued as to Department of Defense, Department of Health and Human Services, Department of Homeland Security, Department of Transportation, Department of Treasury, Internal Revenue Service, Office of Management and Budget, Securities and Exchange Commission. (msrS, COURT STAFF) (Filed on 11/6/2020) (Entered: 11/06/2020)
2020-11-207CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge by 12/4/2020. 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. (mklS, COURT STAFF) (Filed on 11/20/2020) (Entered: 11/20/2020)
2020-11-208CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lee Fang, The Intercept.. (Burke, Thomas) (Filed on 11/20/2020) (Entered: 11/20/2020)
2020-12-109NOTICE of Appearance by David Michael DeVito (DeVito, David) (Filed on 12/10/2020) (Entered: 12/10/2020)
2020-12-1010STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT filed by Department of Defense, Department of Health and Human Services, Department of Homeland Security, Department of Transportation, Department of Treasury, Internal Revenue Service, Office of Management and Budget, Securities and Exchange Commission. (DeVito, David) (Filed on 12/10/2020) (Entered: 12/10/2020)
2020-12-1111CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge by 12/28/2020. 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. (mklS, COURT STAFF) (Filed on 12/11/2020) (Entered: 12/11/2020)
2020-12-2812CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Department of Defense, Department of Health and Human Services, Department of Homeland Security, Department of Transportation, Department of Treasury, Internal Revenue Service, Office of Management and Budget, Securities and Exchange Commission.. (DeVito, David) (Filed on 12/28/2020) (Entered: 12/28/2020)
2021-01-1113ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Burke, Thomas) (Filed on 1/11/2021) (Entered: 01/11/2021)
2021-01-1114ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (DeVito, David) (Filed on 1/11/2021) (Entered: 01/11/2021)
2021-01-1515STIPULATION WITH PROPOSED ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND EXEMPT CASE FROM INITIAL DISCLOSURE REQUIREMENTS OF RULE 26(f) filed by Department of Defense, Department of Health and Human Services, Department of Homeland Security, Department of Transportation, Department of Treasury, Internal Revenue Service, Office of Management and Budget, Securities and Exchange Commission. (Attachments: # 1 Declaration of David M. DeVito)(DeVito, David) (Filed on 1/15/2021) (Entered: 01/15/2021)
2021-01-2016ORDER by Magistrate Judge Sallie Kim granting 15 Stipulation to Continue Initial Case Management Conference and Exempt Case from Initial Disclosure Requirement. Case Management Statement due by 3/22/2021. Initial Case Management Conference reset for 3/29/2021 01:30 PM in San Francisco - Videoconference Only. (mklS, COURT STAFF) (Filed on 1/20/2021) (Entered: 01/20/2021)
2021-01-2217ANSWER to Complaint byDepartment of Defense, Department of Health and Human Services, Department of Homeland Security, Department of Transportation, Department of Treasury, Internal Revenue Service, Office of Management and Budget, Securities and Exchange Commission. (DeVito, David) (Filed on 1/22/2021) (Entered: 01/22/2021)
2021-03-1818STIPULATION WITH PROPOSED ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE filed by Department of Defense, Department of Health and Human Services, Department of Homeland Security, Department of Transportation, Department of Treasury, Internal Revenue Service, Office of Management and Budget, Securities and Exchange Commission. (Attachments: # 1 Declaration of David M. DeVito)(DeVito, David) (Filed on 3/18/2021) (Entered: 03/18/2021)
2021-03-1819ORDER by Judge Sallie Kim granting 18 Stipulation. (sklc1S, COURT STAFF) (Filed on 3/18/2021) (Entered: 03/18/2021)
2021-03-19Set Deadlines/Hearings: Case Management Statement due by 6/21/2021. Initial Case Management Conference reset for 6/28/2021 01:30 PM in San Francisco - Videoconference Only. (mklS, COURT STAFF) (Filed on 3/19/2021) (Entered: 03/19/2021)
2021-06-2120STIPULATION WITH PROPOSED ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE filed by Department of Defense, Department of Health and Human Services, Department of Homeland Security, Department of Transportation, Department of Treasury, Internal Revenue Service, Office of Management and Budget, Securities and Exchange Commission. (Attachments: # 1 Declaration of David M. DeVito)(DeVito, David) (Filed on 6/21/2021) (Entered: 06/21/2021)
2021-06-2221ORDER by Magistrate Judge Sallie Kim granting 20 Stipulation to Continue Case Management Conference. Case Management Statement due by 8/9/2021. Initial Case Management Conference set for 8/16/2021 01:30 PM in San Francisco - Videoconference Only. (mklS, COURT STAFF) (Filed on 6/22/2021) (Entered: 06/22/2021)
2021-08-0522STIPULATION WITH PROPOSED ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE filed by Department of Defense, Department of Health and Human Services, Department of Homeland Security, Department of Transportation, Department of Treasury, Internal Revenue Service, Office of Management and Budget, Securities and Exchange Commission. (Attachments: # 1 Declaration of David M. DeVito)(DeVito, David) (Filed on 8/5/2021) (Entered: 08/05/2021)
2021-08-0623ORDER AS MODIFIED by Magistrate Judge Sallie Kim granting 22 Stipulation to Continue Case Management Conference. Case Management Statement due by 9/13/2021. Initial Case Management Conference reset for 9/20/2021 01:30 PM in San Francisco - Videoconference Only. (mklS, COURT STAFF) (Filed on 8/6/2021) (Entered: 08/06/2021)
2021-09-1324STIPULATION WITH PROPOSED ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE filed by Department of Defense, Department of Health and Human Services, Department of Homeland Security, Department of Transportation, Department of Treasury, Internal Revenue Service, Office of Management and Budget, Securities and Exchange Commission. (Attachments: # 1 Declaration of David M. DeVito)(DeVito, David) (Filed on 9/13/2021) (Entered: 09/13/2021)
2021-09-1325ORDER by Judge Sallie Kim granting 24 Stipulation. (sklc1S, COURT STAFF) (Filed on 9/13/2021) (Entered: 09/13/2021)
2021-09-2126STIPULATION WITH PROPOSED ORDER REGARDING SETTLEMENT AND DISMISSAL filed by Department of Defense, Department of Health and Human Services, Department of Homeland Security, Department of Transportation, Department of Treasury, Internal Revenue Service, Office of Management and Budget, Securities and Exchange Commission. (DeVito, David) (Filed on 9/21/2021) (Entered: 09/21/2021)
2021-09-2227ORDER by Judge Sallie Kim granting 26 Stipulation of Settlement and Dismissal. (sklc1S, COURT STAFF) (Filed on 9/22/2021) (Entered: 09/22/2021)
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by FOIA Project Staff
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