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Case TitleLindsay-Poland v. United States Department of Justice et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2022cv07663
Date Filed2022-12-05
Date ClosedOpen
JudgeJudge Edward M Chen
PlaintiffJohn Lindsay-Poland
Case DescriptionJohn Lindsay-Poland, a writer and researcher, submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for records concerning a data query of firearms recovered from Mexico, Guatemala, Honduras, and El Salvador, and traced by the ATF. The agency acknowledged receipt of the request. The agency denied the request under Exemption 3 (other statutes), citing the Tiahrt Rider as the basis for the denial. Lindsay-Poland filed an administrative appeal. The agency denied his administrative appeal. Lindsay-Poland then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantUnited States Department of Justice
DefendantBureau of Alcohol, Tobacco, Firearms and Explosives
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

2022-12-051COMPLAINT against Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice ( Filing fee $ 402, receipt number ACANDC-17785699.). Filed byJohn Lindsay-Poland. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet)(Nyong'o, Heather) (Filed on 12/5/2022) (Entered: 12/05/2022)
2022-12-052Proposed Summons. (Nyong'o, Heather) (Filed on 12/5/2022) (Entered: 12/05/2022)
2022-12-053Case assigned to Magistrate Judge Alex G. Tse. 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 12/19/2022. (bw, COURT STAFF) (Filed on 12/5/2022) (Entered: 12/06/2022)
2022-12-064Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/3/2023. Initial Case Management Conference set for 3/10/2023 02:00 PM in San Francisco, Courtroom A, 15th Floor. (cv, COURT STAFF) (Filed on 12/6/2022) (Entered: 12/06/2022)
2022-12-065Summons Issued as to Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice, U.S. Attorney and U.S. Attorney General (cv, COURT STAFF) (Filed on 12/6/2022) (Entered: 12/06/2022)
2022-12-196CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by John Lindsay-Poland.. (Nyong'o, Heather) (Filed on 12/19/2022) (Entered: 12/19/2022)
2022-12-207CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. 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. (shy, COURT STAFF) (Filed on 12/20/2022) (Entered: 12/20/2022)
2022-12-218ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward M. Chen for all further proceedings. Magistrate Judge Alex G. Tse 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 12/21/2022. (Attachments: # 1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 12/21/2022) (Entered: 12/21/2022)
2022-12-219CASE MANAGEMENT CONFERENCE ORDER IN REASSIGNED CASE. Signed by Judge Edward M. Chen on 12/21/2022. Joint Case Management Statement due by 3/7/2023. Initial Case Management Conference set for 3/14/2023 at 01:30 PM by Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov /emc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (bxs, COURT STAFF) (Filed on 12/21/2022) (Entered: 12/21/2022)
2022-12-2210STIPULATION To Extend Time Within Which to Answer or Respond filed by Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice. (Zack, Adrienne) (Filed on 12/22/2022) (Entered: 12/22/2022)
2022-12-2211MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17847353.) filed by John Lindsay-Poland. (Attachments: # 1 Certificate of Good Standing)(Khanarian, Andrew) (Filed on 12/22/2022) (Entered: 12/22/2022)
2022-12-2212MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17847390.) filed by John Lindsay-Poland. (Attachments: # 1 Certificate of Good Standing)(Vicens, Elizabeth) (Filed on 12/22/2022) (Entered: 12/22/2022)
2022-12-2213Order by Judge Edward M Chen granting 11 Motion for Pro Hac Vice as to Andrew Khanarian. (bxs, COURT STAFF) (Filed on 12/22/2022) (Entered: 12/22/2022)
2022-12-2214Order by Judge Edward M Chen granting 12 Motion for Pro Hac Vice as to Elizabeth Vicens. (bxs, COURT STAFF) (Filed on 12/22/2022) (Entered: 12/22/2022)
2022-12-2915AFFIDAVIT of Service for Summons, Complaint for Injunctive Relief, Exhibits, Civil Cover Sheet, Attachments, Civil Standing Order, Settlement Conference Standing Order, Standing Order for All Judges, Order Settling Initial Case Management Conference and ADR Deadlines /Declaration served on Bureau of Alcohol, Tobacco, Firearms and Explosives, c/o US Attorney's Office, Northern District of California on 12/7/2022, filed by John Lindsay-Poland. (Khanarian, Andrew) (Filed on 12/29/2022) (Entered: 12/29/2022)
2022-12-2916AFFIDAVIT of Service for Summons, Complaint for Injunctive Relief, Exhibits, Civil Cover Sheet, Attachments, Civil Standing Order, Settlement Conference Standing Order, Standing Order for All Judges, Order Settling Initial Case Management Conference and ADR Deadlines /Declaration served on US Department of Justice c/o US Attorney's Office, Northern District of California on 12/7/2022, filed by John Lindsay-Poland. (Khanarian, Andrew) (Filed on 12/29/2022) (Entered: 12/29/2022)
2022-12-2917AFFIDAVIT of Service for Summons, Complaint and Exhibits, Civil Standing Order For Magistrate Judge Alex G. Tse, Settlement Conference Standing Order for Magistrate Alex G. Tse, Standing Order For All Judges of the Northern District of California, Order Setting Initial Case Management Conference and ADR Deadlines /Declaration served on Attorney General of the United States U.S. Department of Justice and Bureau of Alcohol, Tobacco, Firearms and Explosives on 12/7/2022, filed by John Lindsay-Poland. (Khanarian, Andrew) (Filed on 12/29/2022) (Entered: 12/29/2022)
2022-12-2918CERTIFICATE OF SERVICE by John Lindsay-Poland of Case Management Conference Order in Reassigned Case, Civil Standing Order on Discovery U.S. District Judge Edward M. Chen, Civil Standing Order General U.S. District Judge Edward M. Chen, and Standing Order For All Judges of the Northern District of California - Contents of Joint Case Management Statement (Khanarian, Andrew) (Filed on 12/29/2022) (Entered: 12/29/2022)
2023-01-1719NOTICE of Appearance by James Bickford (Bickford, James) (Filed on 1/17/2023) (Entered: 01/17/2023)
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by FOIA Project Staff
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