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Case TitleThe Center for Investigative Reporting et al v. U.S. Department of Health and Human Services
DistrictNorthern District of California
CitySan Francisco
Case Number3:2019cv01764
Date Filed2019-04-03
Date Closed2020-03-30
JudgeMagistrate Judge Alex G. Tse
PlaintiffThe Center for Investigative Reporting
PlaintiffPatrick Michels
Case DescriptionPatrick Michaels, a reporter for the Center for Investigative Reporting, submitted two FOIA requests to the Department of Health and Human Services' Office of Refugee Resettlement for records concerning placements of unaccompanied children in non-government operated facilities. The second FOIA request asked for records pertaining to a facility in Arkansas. CIR requested a fee waiver for both requests. The agency did not acknowledge receipt of the first request but did acknowledge the receipt of the second request. However, after hearing nothing further from the agency, CIR filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantU.S. Department of Health and Human Services
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-04-031COMPLAINT FOR INJUNCTIVE RELIEF; against U.S. Department of Health and Human Services ( Filing fee $ 400, receipt number 0971-13227726.). Filed byThe Center for Investigative Reporting. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Civil Cover Sheet)(Baranetsky, Diana) (Filed on 4/3/2019) Modified on 4/4/2019 (aaaS, COURT STAFF). (Entered: 04/03/2019)
2019-04-032Proposed Summons. (Baranetsky, Diana) (Filed on 4/3/2019) (Entered: 04/03/2019)
2019-04-033Certificate of Interested Entities by The Center for Investigative Reporting (Baranetsky, Diana) (Filed on 4/3/2019) (Entered: 04/03/2019)
2019-04-034Case assigned to Magistrate Judge Elizabeth D. Laporte. 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 4/17/2019. (bwS, COURT STAFF) (Filed on 4/3/2019) (Entered: 04/03/2019)
2019-04-03Electronic filing error . Corrected by Clerk's Office. No further action is necessary. Re: 1 Complaint, filed by The Center for Investigative Reporting E-filer did no t select Patrick Michels for representation. Patrick Michels is not Pro Per. (aaaS, COURT STAFF) (Filed on 4/3/2019) (Entered: 04/04/2019)
2019-04-035Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/25/2019. Initial Case Management Conference set for 7/2/2019 10:00 AM. Signed by Magistrate Judge Elizabeth D. Laporte on 4/3/19. (aaaS, COURT STAFF) (Filed on 4/3/2019) (Entered: 04/04/2019)
2019-04-046Summons Issued as to U.S. Department of Health and Human Services. (aaaS, COURT STAFF) (Filed on 4/4/2019) (Entered: 04/04/2019)
2019-04-057CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Patrick Michels, The Center for Investigative Reporting.. (Baranetsky, Diana) (Filed on 4/5/2019) (Entered: 04/05/2019)
2019-04-088CERTIFICATE OF SERVICE by Patrick Michels, The Center for Investigative Reporting (Baranetsky, Diana) (Filed on 4/8/2019) (Entered: 04/08/2019)
2019-05-099STIPULATION to Extend Time to Respond to Complaint filed by U.S. Department of Health and Human Services. (Johann, Pamela) (Filed on 5/9/2019) (Entered: 05/09/2019)
2019-05-2410STIPULATION to Extend Time to Respond to Complaint filed by U.S. Department of Health and Human Services. (Johann, Pamela) (Filed on 5/24/2019) (Entered: 05/24/2019)
2019-05-3111ANSWER to 1 Complaint; by U.S. Department of Health and Human Services. (Johann, Pamela) (Filed on 5/31/2019) Modified on 6/3/2019 (aaaS, COURT STAFF). (Entered: 05/31/2019)
2019-06-1112ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Johann, Pamela) (Filed on 6/11/2019) (Entered: 06/11/2019)
2019-06-1113ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Baranetsky, Diana) (Filed on 6/11/2019) (Entered: 06/11/2019)
2019-06-2114CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by U.S. Department of Health and Human Services.. (Johann, Pamela) (Filed on 6/21/2019) (Entered: 06/21/2019)
2019-06-2415STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by U.S. Department of Health and Human Services. (Attachments: # 1 Declaration of Pamela T. Johann)(Johann, Pamela) (Filed on 6/24/2019) (Entered: 06/24/2019)
2019-06-2416ORDER granting Stipulated Joint Request to Continue Initial Case management Conference and Exempt Parties from Rule 26 Requirements signed by Magistrate Judge Elizabeth D. Laporte: granting 15 Stipulation. (shyS, COURT STAFF) (Filed on 6/24/2019) (Entered: 06/24/2019)
2019-09-2417STATUS REPORT and Stipulated Request to Continue Case Managment Conference by U.S. Department of Health and Human Services. (Attachments: # 1 Declaration of Pamela T. Johann)(Johann, Pamela) (Filed on 9/24/2019) (Entered: 09/24/2019)
2019-09-2618ORDER granting Stipulated Request to Continue Initial Case Management Conference signed by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 9/26/2019) (Entered: 09/26/2019)
2019-10-2819ORDER REASSIGNING CASE. Signed by the Clerk on 10/28/2019. (ecgS COURT STAFF) (Filed on 10/28/2019) (Entered: 10/28/2019)
2019-10-28Case Reassigned to Magistrate Judge Joseph C. Spero. Judge Magistrate Judge Elizabeth D. Laporte no longer assigned to the case. (ecgS-adi, COURT STAFF) (Filed on 10/28/2019) (Entered: 10/28/2019)
2019-10-3120CLERK'S NOTICE RE: COURTROOM CHANGE AND CHANGING DATE FOR INITIAL CASE MANAGEMENT CONFERENCE. (This is a text-only entry generated by the court. There is no document associated with this entry.) Case Management Statement due by 1/24/2020. Initial Case Management Conference, previously set for 1/28/20, has been re-set for 1/31/2020 02:00 PM in San Francisco, Courtroom G, 15th Floor before Chief Magistrate Judge Joseph C. Spero. (klhS, COURT STAFF) (Filed on 10/31/2019) (Entered: 10/31/2019)
2020-01-2421STATUS REPORT and Stipulated Joint Request to Continue Case Management Conference by U.S. Department of Health and Human Services. (Attachments: # 1 Declaration Pamela T. Johann)(Johann, Pamela) (Filed on 1/24/2020) (Entered: 01/24/2020)
2020-01-2722ORDER GRANTING re 21 Status Report/Stipulation to Continue filed by U.S. Department of Health and Human Services Status Report due by 3/20/2020. Initial Case Management Conference re-set for 3/27/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor.. Signed by Chief Magistrate Judge Joseph C. Spero on 1/27/2020. (klhS, COURT STAFF) (Filed on 1/27/2020) (Entered: 01/27/2020)
2020-02-0323ORDER REASSIGNING CASE. IT IS ORDERED that this case is reassigned to the Honorable Magistrate Judge Alex G. Tse in the San Francisco division. Counsel are instructed that all future filings shall bear the initials AGT immediately after the case number. All hearings and motions remain as scheduled. Existing briefing schedules for motions remain unchanged. Other deadlines such as those for ADR compliance and discovery cutoff also remain unchanged. Signed by the Clerk on 2/3/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecgS-adi, COURT STAFF) (Filed on 2/3/2020) (Entered: 02/03/2020)
2020-02-03Case Reassigned to Judge Magistrate Judge Alex G Tse. Judge Magistrate Judge Joseph C. Spero no longer assigned to the case. (ecgS-adi, COURT STAFF) (Filed on 2/3/2020) (Entered: 02/03/2020)
2020-02-1124CLERK'S NOTICE RE COURTROOM CHANGE: The parties are hereby notified that the Case Management Conference, which is set for 3/27/2020 at 2:00 PM, shall be held in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shyS, COURT STAFF) (Filed on 2/11/2020) (Entered: 02/11/2020)
2020-02-1225CLERK'S NOTICE: The parties are hereby notified that the Case Management Conference is rescheduled to 3/26/2020 at 1:30 PM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. The Case Management Statement is now due by 3/19/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shyS, COURT STAFF) (Filed on 2/12/2020) (Entered: 02/12/2020)
2020-03-0926CLERK'S NOTICE: The parties are hereby notified that the Initial Case Management Conference is rescheduled to 3/27/2020 at 2:00 PM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shyS, COURT STAFF) (Filed on 3/9/2020) (Entered: 03/09/2020)
2020-03-1927CLERK'S NOTICE RE MANDATORY TELEPHONIC APPEARANCES: The case management conference, which is set for 3/27/2020 at 2:00 PM, shall be conducted telephonically. Counsel must connect with the Court by phone no less than 5 minutes ahead of the scheduled event via the following dial-in info: Dial 888-684-8852; Enter Access Code 537 9839 Please bear in mind that the Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shyS, COURT STAFF) (Filed on 3/19/2020) (Entered: 03/19/2020)
2020-03-2028STATUS REPORT and Stipulated Request to Vacate CMC and [PROPOSED] Order, by U.S. Department of Health and Human Services. (Attachments: # 1 Declaration of Pamela T. Johann)(Johann, Pamela) (Filed on 3/20/2020) Modified on 3/23/2020 (mclS, COURT STAFF). (Entered: 03/20/2020)
2020-03-2529ORDER granting request to vacate case management conference signed by Magistrate Judge Alex G. Tse. (shyS, COURT STAFF) (Filed on 3/25/2020) (Entered: 03/25/2020)
2020-03-3030NOTICE of Voluntary Dismissal with Prejudice by U.S. Department of Health and Human Services (Johann, Pamela) (Filed on 3/30/2020) (Entered: 03/30/2020)
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