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Case TitleThe Appeal, Inc. et al v. United States Department of Justices Office of Justice Programs
DistrictCentral District of California
CityEastern Division - Riverside
Case Number5:2022cv02111
Date Filed2022-11-28
Date ClosedOpen
JudgeJudge Wesley L. Hsu
PlaintiffThe Appeal, Inc.
PlaintiffEthan Corey
Case DescriptionThe Appeal, a non-profit news agency that covers the impact of the criminal legal system on vulnerable communities, submitted a FOIA request to the Department of Justice's Office of Justice Programs for records concerning the number of jail deaths reported for each facility from 2000-2018. The agency acknowledged receipt of the request and identified 182, 611responsive records. The agency withheld them all under Exemption 3 (other statutes), citing 34 U.S.C. ยงยง 10134 and 10231, which pertains to research or statistical information collected by the Bureau of Justice Statistics that must be kept confidential. The Appeal filed an administrative appeal with the Office of Information Policy, which was denied on modified ground. The Appeal then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantUnited States Department of Justice's Office of Justice Programs
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-11-281COMPLAINT Receipt No: ACACDC-34386912 - Fee: $402, filed by Plaintiffs The Appeal, Inc., Ethan Corey. (Attachments: # 1 Exhibits A-N to Complaint, # 2 Civil Cover Sheet) (Attorney Thomas Rohlfs Burke added to party Ethan Corey(pty:pla), Attorney Thomas Rohlfs Burke added to party The Appeal, Inc.(pty:pla))(Burke, Thomas) (Entered: 11/28/2022)
2022-11-282Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Ethan Corey, The Appeal, Inc.. (Burke, Thomas) (Entered: 11/28/2022)
2022-11-283CORPORATE DISCLOSURE STATEMENT filed by Plaintiffs Ethan Corey, The Appeal, Inc. (Burke, Thomas) (Entered: 11/28/2022)
2022-11-304NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Alexander F. MacKinnon. (jtil) (Entered: 11/30/2022)
2022-11-305NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) (Entered: 11/30/2022)
2022-11-306Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) (Entered: 11/30/2022)
2022-11-30730 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant United States Department of Justice's Office of Justice Programs. (jtil) (Entered: 11/30/2022)
2022-11-308NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Leena M. Charlton. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) (Entered: 11/30/2022)
2022-12-019STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv) (Entered: 12/01/2022)
2022-12-0610APPLICATION of Non-Resident Attorney Leena M. Charlton to Appear Pro Hac Vice on behalf of Plaintiffs Ethan Corey, The Appeal, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34430029) filed by Plaintiffs Ethan Corey, The Appeal, Inc.. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Burns, Sarah) (Entered: 12/06/2022)
2022-12-0611NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Leena M. Charlton to Appear Pro Hac Vice on behalf of Plaintiffs Ethan Corey, The Appeal, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-34430029) 10 . The following error(s) was/were found: Case information is incomplete. DJ and MJ initials missing on application and proposed order. Please note DJ and MJ Notice of Assignment, dated 11/30/22, Dkt. 4. (lt) (Entered: 12/06/2022)
2022-12-0612NOTICE OF MOTION AND MOTION of Non-Resident Attorney Leena M. Charlton to Appear Pro Hac Vice on behalf of Plaintiffs Ethan Corey, The Appeal, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 12/6/2022, Receipt No. ACACDC-34430029) filed by Plaintiffs Ethan Corey, The Appeal, Inc.. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Burns, Sarah) (Entered: 12/06/2022)
2022-12-0713NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: NOTICE OF MOTION AND MOTION of Non-Resident Attorney Leena M. Charlton to Appear Pro Hac Vice on behalf of Plaintiffs Ethan Corey, The Appeal, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 12/6/2022, Receipt No. ACACDC-34430029) 12 . The following error(s) was/were found: Incorrect event selected. Correct event is Appear Pro Hac Vice (G-64) Other error(s) with document(s): Document is an Application not a Noticed Motion. See form caption. (lt) (Entered: 12/07/2022)
2022-12-0714ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge John F. Walter. APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs The Appeal, Inc. and Ethan Corey, designating Sarah Burns as local counsel. granting 12 Non-Resident Attorney Leena M. Charlton (rolm) (Entered: 12/07/2022)
2022-12-0915NOTICE of Change of Lead Counsel changing lead counsel from Sarah E. Burns to Thomas R. Burke. filed by Plaintiffs Ethan Corey, The Appeal, Inc., (Burke, Thomas) (Entered: 12/09/2022)
2022-12-2916STIPULATION Extending Time to Answer the complaint as to United States Department of Justice's Office of Justice Programs answer now due 2/6/2023, re Complaint (Attorney Civil Case Opening), 1 filed by defendant United States Department of Justice's Office of Justice Programs.(Attorney John Christopher Korevec added to party United States Department of Justice's Office of Justice Programs(pty:dft))(Korevec, John) (Entered: 12/29/2022)
2023-02-0617ANSWER to Complaint (Attorney Civil Case Opening), 1 filed by defendant United States Department of Justice's Office of Justice Programs.(Korevec, John) (Entered: 02/06/2023)
2023-02-0718MINUTE (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for March 20, 2023 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before March 3, 2023. (iv) (Entered: 02/07/2023)
2023-02-1619NOTICE of Appearance filed by attorney Cormac Early on behalf of Defendant United States Department of Justice's Office of Justice Programs (Attorney Cormac Early added to party United States Department of Justice's Office of Justice Programs(pty:dft))(Early, Cormac) (Entered: 02/16/2023)
2023-02-1620DECLARATION of Cormac A. Early Declaration of Lead Trial Counsel filed by Defendant United States Department of Justice's Office of Justice Programs. (Early, Cormac) (Entered: 02/16/2023)
2023-02-1721Notice of Appearance or Withdrawal of Counsel: for attorney John Christopher Korevec counsel for Defendant United States Department of Justice's Office of Justice Programs. John C. Korevec is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant United States Department of Justice's Office of Justice Programs. (Korevec, John) (Entered: 02/17/2023)
2023-03-0322JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 1-2 days, filed by Defendant United States Department of Justice's Office of Justice Programs.. (Early, Cormac) (Entered: 03/03/2023)
2023-03-0623ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on March 20, 2023 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby orders this case referred to: ADR Procedure No. 3: Private mediation. The ADR proceeding is to be completed no later than: July 10, 2023. (iv) (Entered: 03/06/2023)
2023-03-0624SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 10/27/2023 at 8:00 AM. Court Trial set for 11/7/2023 at 8:30 AM. SEE ORDER FOR DETAILS. (iv) (Entered: 03/06/2023)
2023-05-1925ORDER OF THE CHIEF JUDGE (#22-55) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Wesley L. Hsu, this case is transferred from Judge John F. Walter to the calendar of Judge Wesley L. Hsu for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:22-cv-02111-WLH (AFMx). (et) (Entered: 05/22/2023)
2023-07-0326NOTICE OF MOTION AND MOTION for Pretrial Conference / Conference with the Court regarding next steps. filed by plaintiff Ethan Corey, The Appeal, Inc.. (Attachments: # 1 Exhibit A.) D.C FOIA Opinion) (Burke, Thomas) (Entered: 07/03/2023)
2023-07-0327NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION for Pretrial Conference / Conference with the Court regarding next steps. 26 . The following error(s) was/were found: Local Rule 83-2.5 no letters to the Judge. Hearing information is missing, incorrect, or untimely. Other error(s) with document(s): Letter are attached to document. It is unclear if this is Motion document. Motion documents must be filed in Motion format, with hearing date and [Prop] Order. 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: 07/03/2023)
2023-07-0528SCHEDULING NOTICE AND (IN CHAMBERS) ORDER SETTING STATUS CONFERENCE RE TRIAL by Judge by Wesley L. Hsu:: The Court, on its own motion, sets a Status Conference for July 14, 2023 at 9:30 am. The hearing will proceed in-person at the First Street Courthouse, Courtroom 9B. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hc) TEXT ONLY ENTRY (Entered: 07/05/2023)
2023-07-0529STANDING ORDER FOR NEWLY ASSIGNED CIVIL CASES by Judge Wesley L. Hsu. READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (lom) (Entered: 07/05/2023)
2023-07-0530STANDING ORDER FOR MOTIONS FOR SUMMARY JUDGMENT by Judge Wesley L. Hsu. READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (lom) (Entered: 07/05/2023)
2023-07-0531CIVIL PRETRIAL SCHEDULE AND TRIAL ORDER by Judge Wesley L. Hsu. The pretrial schedule governing this case is set forth in the Court's March 6, 2023, Scheduling Order. If the parties wish to set additional or alternative dates, they must file a stipulation and proposed order setting forth the dates requested and demonstrating good cause. See order for further details. (lom) (Entered: 07/05/2023)
2023-07-1132Joint STIPULATION for Order for conference scheduled for July 14, 2023 to be held on either August 18, 2023 or August 25, 2023 filed by plaintiff Ethan Corey, The Appeal, Inc.. (Attachments: # 1 Proposed Order)(Burke, Thomas) (Entered: 07/11/2023)
2023-07-1233ORDER RE: JOINT STIPULATION TO CONTINUE STATUS CONFERENCE 32 by Judge Wesley L. Hsu. It is HEREBY ORDERED that the Joint Stipulation is approved, and that the July 14 conference will be continued until August 25, 2023, at 9:30 a.m. (lom) (Entered: 07/12/2023)
2023-08-1834Joint STIPULATION to Vacate Upcoming Deadlines Scheduling Order, 31 , STIPULATION to Continue Status Conference from August 25, 2023 to November 10, 2023 Re: Stipulation and Order, Set/Reset Hearing 33 filed by Plaintiffs Ethan Corey, The Appeal, Inc.. (Attachments: # 1 Proposed Order)(Burke, Thomas) (Entered: 08/18/2023)
2023-08-2235ORDER 34 by Judge Wesley L. Hsu. It is HEREBY ORDERED that: 1. The August 25, 2023, status conference will be continued until November 17, 2023 at 9:30 a.m. 2. The deadlines set forth in the Scheduling and Case Management Order (Docket No. 24) are vacated. 3. Two weeks prior to November 10, 2023, the parties are ordered to file a revised Federal Rule of Civil Procedure 26(f) Report per the instructions contained in the Standing Order for Setting Scheduling Conference available at the webpage https://www.cacd.uscourts.gov/honorable-wesley-l-hsu. (lom) (Entered: 08/22/2023)
2023-10-2436AMENDED ORDER 34 by Judge Wesley L. Hsu. It is HEREBY ORDERED nunc pro tunc that: 1. The August 25, 2023, status conference will be continued until November 17, 2023, at 9:30 a.m. 2. The deadlines set forth in the Scheduling and Case Management Order (Docket No. 24) are vacated. 3. Two weeks prior to November 17, 2023, the parties are ordered to file a revised Federal Rule of Civil Procedure 26(f) Report per the instructions contained in the Standing Order for Setting Scheduling Conference available at https://www.cacd.uscourts.gov/honorable-wesley-l-hsu. (lom) (Entered: 10/25/2023)
2023-11-0337JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 1-2 days, filed by Defendant United States Department of Justice's Office of Justice Programs.. (Early, Cormac) (Entered: 11/03/2023)
2023-11-1338NOTICE 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 Steve Kim for any discovery and/or post-judgment matters that may be referred. Case number will now read as 5:22-cv-02111 WLH(SKx). (rn) (Entered: 11/13/2023)
2023-11-1339ORDER/REFERRAL to ADR Procedure No 1 by Judge Wesley L. Hsu. Case ordered to Magistrate Judge Steve Kim for Settlement Conference. ADR Proceeding to be held no later than 9/26/2024. (hc) (Entered: 11/13/2023)
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