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Case TitleCenter for Investigative Reporting et al v. United States Department of Labor
DistrictNorthern District of California
CitySan Francisco
Case Number3:2022cv07182
Date Filed2022-11-15
Date ClosedOpen
JudgeJudge William Alsup
PlaintiffCenter for Investigative Reporting
PlaintiffWill Evans
Case DescriptionThe Center for Investigative Reporting submitted FOIA requests to the Department of Labor for records concerning a spreadsheet of all Type 2 consolidated EEO-1 report data submitted by all federal contractors in 2016. The agency acknowledged receipt of the requests and indicated that the request was too voluminous. The agency ultimately published a Federal Register notice telling contractors that CIR had requested data potentially covered by Exemption 4 (commercial and confidential). After hearing nothing further from the agency, CIR filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantUnited States Department of Labor
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
Opinion/Order [51]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-11-151COMPLAINT against Department of Labor ( Filing fee $ 402, receipt number ACANDC-17729723.). Filed byCenter for Investigative Reporting. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N)(Baranetsky, Diana) (Filed on 11/15/2022) (Entered: 11/15/2022)
2022-11-152Proposed Summons. (Baranetsky, Diana) (Filed on 11/15/2022) (Entered: 11/15/2022)
2022-11-153Certificate of Interested Entities by Center for Investigative Reporting (Baranetsky, Diana) (Filed on 11/15/2022) (Entered: 11/15/2022)
2022-11-15Electronic filing error . Civil Cover sheet is incomplete. There is no Basis of Jurisdiction or Nature of Suit listed. Please submit Amended Civil Cover Sheet. Re: 1 Complaint, filed by Center for Investigative Reporting (jrs, COURT STAFF) (Filed on 11/15/2022) (Entered: 11/15/2022)
2022-11-154Civil Cover Sheet by Center for Investigative Reporting Amended . (Baranetsky, Diana) (Filed on 11/15/2022) (Entered: 11/15/2022)
2022-11-165Case 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/30/2022. (jrs, COURT STAFF) (Filed on 11/16/2022) (Entered: 11/16/2022)
2022-11-166Summons Issued as to United States Department of Labor, U.S. Attorney and U.S. Attorney General (anj, COURT STAFF) (Filed on 11/16/2022) (Entered: 11/16/2022)
2022-11-167Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/6/2023. Initial Case Management Conference set for 2/13/2023 01:30 PM in San Francisco, Courtroom C, 15th Floor. (anj, COURT STAFF) (Filed on 11/16/2022) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 11/16/2022)
2022-11-178CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Center for Investigative Reporting, Will Evans.. (Baranetsky, Diana) (Filed on 11/17/2022) (Entered: 11/17/2022)
2022-11-189CERTIFICATE OF SERVICE by Center for Investigative Reporting, Will Evans (Attachments: # 1 Certificate/Proof of Service, # 2 Certificate/Proof of Service, # 3 Certificate/Proof of Service, # 4 Certificate/Proof of Service)(Baranetsky, Diana) (Filed on 11/18/2022) (Entered: 11/18/2022)
2022-12-0910Stipulation to Extend time to Answer or otherwise respond to Complaint filed by United States Department of Labor, Center for Investigative Reporting and Will Evans. (Johann, Pamela) (Filed on 12/9/2022) Modified on 12/12/2022 (anj, COURT STAFF). (Entered: 12/09/2022)
2022-12-1211CLERK'S NOTICE Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge by 12/27/2022 . 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 . Consent/Declination due by 12/27/2022. (mkl, COURT STAFF) (Filed on 12/12/2022) (Entered: 12/12/2022)
2022-12-2712CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Department of Labor.. (Johann, Pamela) (Filed on 12/27/2022) (Entered: 12/27/2022)
2022-12-2813CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mkl, COURT STAFF) (Filed on 12/28/2022) (Entered: 12/28/2022)
2022-12-2814ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William Alsup for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on 12/28/2022. (Attachments: # 1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 12/28/2022) (Entered: 12/28/2022)
2022-12-2815CLERK'S NOTICE RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE ON REASSIGNMENT: Joint Case Management Statement due by 2/9/2023. Initial Case Management Conference reset for 2/16/2023 11:00 AM in San Francisco, Courtroom 12, 19th Floor. Parties may download Judge Alsup's standing orders on the Court's webpage: https://cand.uscourts.gov/judges/alsup-william-wha/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afm, COURT STAFF) (Filed on 12/28/2022) (Entered: 12/28/2022)
2023-01-1816ANSWER to Complaint by United States Department of Labor. (Johann, Pamela) (Filed on 1/18/2023) Modified on 1/19/2023 (anj, COURT STAFF). (Entered: 01/18/2023)
2023-01-2617ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Baranetsky, Diana) (Filed on 1/26/2023) (Entered: 01/26/2023)
2023-01-2618ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Johann, Pamela) (Filed on 1/26/2023) (Entered: 01/26/2023)
2023-02-0919JOINT CASE MANAGEMENT STATEMENT and Request to Continue Case Management Conference filed by United States Department of Labor, Center for Investigative Reporting and Will Evans. (Johann, Pamela) (Filed on 2/9/2023) Modified on 2/10/2023 (jrs, COURT STAFF). Modified on 2/10/2023 (jrs, COURT STAFF). (Entered: 02/09/2023)
2023-02-1420CLERK'S NOTICE RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE FROM 2/16/2023 TO 3/9/2023 AT 11:00AM: Initial Case Management Conference set for 3/9/2023 11:00 AM in San Francisco, Courtroom 12, 19th Floor. Joint Case Management Statement due by 3/2/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afm, COURT STAFF) (Filed on 2/14/2023) (Entered: 02/14/2023)
2023-03-0221CASE MANAGEMENT STATEMENT filed by United States Department of Labor. (Johann, Pamela) (Filed on 3/2/2023) (Entered: 03/02/2023)
2023-03-0622CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE FROM 3/9/2023 TO 4/13/2023: Joint Case Management Statement due by 4/6/2023. Initial Case Management Conference reset for 4/13/2023 11:00 AM in San Francisco, Courtroom 12, 19th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afm, COURT STAFF) (Filed on 3/6/2023) (Entered: 03/06/2023)
2023-04-0623CASE MANAGEMENT STATEMENT filed by United States Department of Labor. (Johann, Pamela) (Filed on 4/6/2023) (Entered: 04/06/2023)
2023-04-1124NOTICE RE INITIAL CASE MANAGEMENT CONFERENCE. Signed by Judge William Alsup. (whalc4, COURT STAFF) (Filed on 4/11/2023) (Entered: 04/11/2023)
2023-04-1325Minute Entry for proceedings held before Judge William Alsup: Initial Case Management Conference held on 4/13/2023. Production of outstanding FOIA requests discussed. Court directed USDOJ to prepare proposed order capturing dates and deadlines as further discussed on the record. Proposed order is to be filed by 4/18/2023. Parties will meet and confer re six (6) examples of bellwether motion as stated on the record. Digital Recording Time: Liberty - 11:14 - 11:50. Plaintiff Attorney: Diana Victoria Baranetsky. Defendant Attorney: Pam Johann. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afm, COURT STAFF) (Date Filed: 4/13/2023) (Entered: 04/13/2023)
2023-04-1826STIPULATION WITH PROPOSED ORDER re Briefing Schedule filed by United States Department of Labor, Center for Investigative Reporting and Will Evans. (Johann, Pamela) (Filed on 4/18/2023) Modified on 4/19/2023 (jrs, COURT STAFF). (Entered: 04/18/2023)
2023-04-2427ORDER RE 26 BELLWETHER MOTION SCHEDULE. Signed by Judge William Alsup. (whalc4, COURT STAFF) (Filed on 4/24/2023) (Entered: 04/24/2023)
2023-05-2328STIPULATION WITH PROPOSED ORDER to Modify Briefing Schedule filed by United States Department of Labor, Center for Investigative Reporting and Will Evans. (Attachments: # 1 Declaration of Pamela T. Johann)(Johann, Pamela) (Filed on 5/23/2023) Modified on 5/24/2023 (jrs, COURT STAFF). (Entered: 05/23/2023)
2023-05-2429ORDER ADOPTING 28 STIPULATED BELLWETHER MOTION SCHEDULE. Signed by Judge William Alsup. (whalc4, COURT STAFF) (Filed on 5/24/2023) (Entered: 05/24/2023)
2023-07-0830STIPULATION WITH PROPOSED ORDER to Modify Briefing Schedule filed by United States Department of Labor, Center for Investigative Reporting and Will Evans. (Attachments: # 1 Declaration of Pamela T. Johann)(Johann, Pamela) (Filed on 7/8/2023) Modified on 7/10/2023 (jml, COURT STAFF). (Entered: 07/08/2023)
2023-07-1431ORDER ADOPTING 30 STIPULATION TO MODIFY BRIEFING SCHEDULE (AS AMENDED). Signed by Judge William Alsup. (whalc4, COURT STAFF) (Filed on 7/14/2023) (Entered: 07/14/2023)
2023-08-1832NOTICE of Appearance by Therese Yvonne Cannata (Cannata, Therese) (Filed on 8/18/2023) (Entered: 08/18/2023)
2023-08-1833NOTICE of Appearance by Aaron Robert Field (Field, Aaron) (Filed on 8/18/2023) (Entered: 08/18/2023)
2023-08-1834MOTION for Summary Judgment filed by United States Department of Labor. Motion Hearing set for 12/14/2023 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 10/18/2023. Replies due by 11/10/2023. (Attachments: # 1 Declaration of Patrick McKay, # 2 Declaration of Quinetta Roberson, # 3 Declaration of Michele Hodge, # 4 Declaration of Helene Baxter, # 5 Declaration of Jack Jasinowski, # 6 Declaration of Josh Barcon, # 7 Declaration of Karen Sobieski)(Johann, Pamela) (Filed on 8/18/2023) (Entered: 08/18/2023)
2023-08-1835Declaration of Kelechi Ahaghotu in Support of 34 MOTION for Summary Judgment filed byUnited States Department of Labor. (Related document(s) 34 ) (Johann, Pamela) (Filed on 8/18/2023) (Entered: 08/18/2023)
2023-08-2136NOTICE of Appearance by Zachary Edward Colbeth (Colbeth, Zachary) (Filed on 8/21/2023) (Entered: 08/21/2023)
2023-08-2337Declaration of Shivani Bautista (NorthShore) in Support of 34 MOTION for Summary Judgment filed byUnited States Department of Labor. (Related document(s) 34 ) (Johann, Pamela) (Filed on 8/23/2023) (Entered: 08/23/2023)
2023-08-2338ERRATA re 34 MOTION for Summary Judgment Defendant Department of Labor's Bellwether Motion for Summary Judgment (Corrected) by United States Department of Labor. (Johann, Pamela) (Filed on 8/23/2023) (Entered: 08/23/2023)
2023-10-1839OPPOSITION/RESPONSE (re 34 MOTION for Summary Judgment); NOTICE OF CROSS-MOTION AND CROSS-MOTION FOR SUMMARY JUDGMENT; AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT filed by Center for Investigative Reporting, Will Evans. (Attachments: # 1 Declaration DECLARATION OF D. VICTORIA BARANETSKY IN SUPPORT OF PLAINTIFFS CROSS-MOTION FOR SUMMARY JUDGMENT, # 2 Declaration DECLARATION OF MARC BENDICK, JR., PH.D. IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND IN SUPPORT OF PLAINTIFFS CROSS MOTION FOR SUMMARY JUDGMENT, # 3 Declaration DECLARATION OF JAMILLAH BOWMAN WILLIAMS IN SUPPORT OF OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND CROSS MOTION FOR SUMMARY JUDGMENT, # 4 Proposed Order [PROPOSED] ORDER RE: CROSS-MOTION FOR SUMMARY JUDGMENT)(Field, Aaron) (Filed on 10/18/2023) Modified on 10/19/2023 (cjl, COURT STAFF). (Entered: 10/18/2023)
2023-11-0740STIPULATION WITH PROPOSED ORDER re Clarification of Defendant's Opposition/Reply Deadline filed by United States Department of Labor, The Center for Investigative Reporting and Will Evans. (Johann, Pamela) (Filed on 11/7/2023) Modified on 11/8/2023 (jml, COURT STAFF). (Entered: 11/07/2023)
2023-11-0741ORDER GRANTING 40 STIPULATION RE: CLARIFICATION OF DEADLINE FOR DEFENDANTS' OPPOSITION AND REPLY RE BELLWETHER SUMMARY JUDGMENT. Signed by Judge William Alsup on 11/7/2023. (afm, COURT STAFF) (Filed on 11/7/2023) Modified on 11/7/2023 (afm, COURT STAFF). (Entered: 11/07/2023)
2023-11-1342REPLY (re 34 MOTION for Summary Judgment ) and Opposition to Cross-Motion filed byUnited States Department of Labor. (Johann, Pamela) (Filed on 11/13/2023) (Entered: 11/13/2023)
2023-11-1343Declaration of Kelechi Ahaghotu in Support of 42 Reply to Opposition/Response and Opposition to Cross-Motion filed byUnited States Department of Labor. ***SEE DOCKET ENTRY 46 FOR CORRECTION OF 43 -4.***(Attachments: # 1 Declaration of Jack Jasinowski, # 2 Declaration of Barbara L. Moskowitz, # 3 Declaration of Center for Workplace Compliance, # 4 Declaration of Patrick F. McKay, Ph.D., # 5 Declaration of Quinetta M. Roberson)(Related document(s) 42 ) (Johann, Pamela) (Filed on 11/13/2023) Modified on 11/16/2023 (cjl, COURT STAFF). (Entered: 11/13/2023)
2023-11-1344Proposed Order re Motion for Summary Judgment by United States Department of Labor. (Johann, Pamela) (Filed on 11/13/2023) (Entered: 11/13/2023)
2023-11-1445Declaration of Helene Baxter filed byUnited States Department of Labor. (Attachments: # 1 Declaration of Pamela T. Johann)(Johann, Pamela) (Filed on 11/14/2023) (Entered: 11/14/2023)
2023-11-1646Declaration of Patrick F. McKay, Ph.D. in Support of 42 Reply to Opposition/Response CORRECTION OF DOCKET # [43-4] filed byUnited States Department of Labor. (Related document(s) 42 ) (Johann, Pamela) (Filed on 11/16/2023) (Entered: 11/16/2023)
2023-11-2947STIPULATION AND [PROPOSED] ORDER RE: LENGTH OF PLAINTIFFS REPLY IN SUPPORT OF CROSS-MOTION FOR SUMMARY JUDGMENT filed by Center for Investigative Reporting, Will Evans, United States Department of Labor. (Field, Aaron) (Filed on 11/29/2023) Modified on 11/29/2023 (cjl, COURT STAFF). (Entered: 11/29/2023)
2023-11-3048ORDER GRANTING 47 STIPULATION. Signed by Judge William Alsup. (whalc4, COURT STAFF) (Filed on 11/30/2023) (Entered: 11/30/2023)
2023-12-0549REPLY IN SUPPORT OF 34 PLAINTIFFS CROSS-MOTION FOR SUMMARY JUDGMENT filed by Center for Investigative Reporting, Will Evans. (Attachments: # 1 Declaration DECLARATION OF D. VICTORIA BARANETSKY IN SUPPORT OF REPLY IN SUPPORT OF PLAINTIFFS CROSSMOTION FOR SUMMARY JUDGMENT)(Field, Aaron) (Filed on 12/5/2023) Modified on 12/6/2023 (cjl, COURT STAFF). (Entered: 12/05/2023)
2023-12-1450Minute Entry for proceedings held before Judge William Alsup: Motion Hearing held on 12/14/2023 re 34 MOTION for Summary Judgment filed by United States Department of Labor. Parties stated appearances and proffered argument. Court takes the motion under submission. Total Time in Court: 8:02 - 8:57 = 55 Minutes. Court Reporter: Jennifer Coulthard. Plaintiff Attorneys: Diana Baranetsky, Aaron Field. Defendant Attorney: Pamela Johann. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afm, COURT STAFF) (Date Filed: 12/14/2023) (Entered: 12/14/2023)
2023-12-2251ORDER REGARDING 34 , 39 MOTIONS FOR SUMMARY JUDGMENT. Signed by Judge William Alsup.(whalc4, COURT STAFF) (Filed on 12/22/2023) (Entered: 12/22/2023)
2023-12-2752STIPULATED REQUEST TO STAY RELEASE ORDER; [PROPOSED] ORDER filed by United States Department of Labor, Center for Investigative Reporting, Will Evans. (Attachments: # 1 Declaration of Pamela T. Johann)(Johann, Pamela) (Filed on 12/27/2023) Modified on 12/27/2023 (cjl, COURT STAFF). (Entered: 12/27/2023)
2023-12-2853ORDER GRANTING STIPULATION 52 . Signed by Judge William Alsup. (whalc4, COURT STAFF) (Filed on 12/28/2023) (Entered: 12/28/2023)
2024-01-1154AUDIO RECORDINGS ORDER (requesting docket(s): 25 ). Court will send to James Flynn at jflynn@orrick.com a link to the files requested in this order. ( Filing fee $ 34, receipt number 27AOFE3G). (knm, COURT STAFF) (Filed on 1/11/2024) Audio file sent to James Flynn on 1/12/2024. Modified on 1/12/2024 (jaf, COURT STAFF). (Entered: 01/11/2024)
2024-01-2355NOTICE of Change In Counsel by Diana Victoria Baranetsky (Baranetsky, Diana) (Filed on 1/23/2024) (Entered: 01/23/2024)
2024-02-1456Supplemental Certificate of Interested Entities by Center for Investigative Reporting, Will Evans identifying Other Affiliate Foundation for National Progress for Center for Investigative Reporting. (Colbeth, Zachary) (Filed on 2/14/2024) Modified on 2/15/2024 (cjl, COURT STAFF). (Entered: 02/14/2024)
2024-02-1557NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by United States Department of Labor. (Appeal fee FEE WAIVED.) (Johann, Pamela) (Filed on 2/15/2024) (Entered: 02/15/2024)
2024-02-1558Emergency ADMINISTRATIVE MOTION for Stay Pending Appeal filed by United States Department of Labor. Responses due by 2/16/2024. (Attachments: # 1 Declaration of Pamela T. Johann, # 2 Proposed Order)(Johann, Pamela) (Filed on 2/15/2024) (Entered: 02/15/2024)
2024-02-1659ORDER TEMPORARILY GRANTING 58 ADMINISTRATIVE MOTION TO STAY. Signed by Judge William Alsup. (whalc4, COURT STAFF) (Filed on 2/16/2024) (Entered: 02/16/2024)
2024-02-2060USCA Case Number 24-880 for the Ninth Circuit for 57 Notice of Appeal to the Ninth Circuit filed by United States Department of Labor. (jml, COURT STAFF) (Filed on 2/20/2024) (Entered: 02/21/2024)
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