Case: Raimondo v. Federal Bureau of Investigation

3:13-cv-02295 | U.S. District Court for the Northern District of California

Filed Date: May 21, 2013

Closed Date: Nov. 20, 2019

Clearinghouse coding complete

Case Summary

On May 21, 2013, director and editors of Antiwar.com filed this suit against the Federal Bureau of Investigation (FBI) under the Freedom of Information Act (FOIA) and the Privacy Act in the U.S. District Court for the Northern District of California. The plaintiffs sought disclosure of records maintained by the FBI regarding a 2004 threat assessment conducted by the FBI regarding this website. Represented by private counsels and ACLU of Northern California, the plaintiffs sought declaratory and…

On May 21, 2013, director and editors of Antiwar.com filed this suit against the Federal Bureau of Investigation (FBI) under the Freedom of Information Act (FOIA) and the Privacy Act in the U.S. District Court for the Northern District of California. The plaintiffs sought disclosure of records maintained by the FBI regarding a 2004 threat assessment conducted by the FBI regarding this website. Represented by private counsels and ACLU of Northern California, the plaintiffs sought declaratory and injunctive relief.

The plaintiffs separately filed requests with the FBI seeking expungement of all FBI records that describe each plaintiff’s exercise of First Amendment rights. In August 2013, the FBI responded that maintenance of records regarding the plaintiffs was proper under Section 552a(j)(2) of the Privacy Act. The plaintiffs appealed this decision and the FBI responded that because the matter was subject to judicial review, the appeal had been administratively closed. The plaintiffs also appealed the denial of the expungement request and sought amendment of any records that pertain to individual plaintiffs that were inaccurate, irrelevant, untimely, or incomplete. The FBI denied the appeal because the matter was currently subject to judicial review.

On May 1, 2014, the plaintiffs filed their First Amended Complaint alleging four claims for relief, including two new claims under the Privacy Act.

On November 12, 2015, FBI filed a motion for summary judgment. The plaintiffs filed a cross-motion on December 17, 2015. On May 10, 2016, the Magistrate Judge Jacqueline S. Corley entered an order regarding the cross-motions for summary judgments. The court granted the defendant’s motion for summary judgment as to the plaintiffs’ third and fourth claims for relief under Sections (e)(7) and (d)(2) of the Privacy Act that the FBI must expunge or correct the memos. The court denied without prejudice both parties’ motions for summary judgment on the plaintiffs’ first and second claims for relief regarding disclosure under FOIA and Privacy Act claims. 2016 WL 2642038.

On January 23, 2017, after four years of extensive litigation, the parties stipulated a proposed settlement agreement. On the same day, Magistrate Judge Corley granted the agreement. The settlement required the defendant to produce relevant information to the plaintiffs to satisfy its obligation under the FOIA. The parties stipulated to dismiss all FOIA claims, with the exception of attorney’s fees.

On February 10, 2017, the parties entered into a further stipulation of settlement agreement to propose that they will (1) either file a stipulation of settlement and dismissal as to the plaintiffs’ claim for attorney’s fees pursuant to FOIA or (2) propose a briefing schedule with respect to the attorney’s fees to the court by April 14, 2017. The court granted further stipulation on February 13, 2017.

On July 18, 2017, the court granted in part and denied in part the plaintiffs’ motion for reconsideration regarding their Privacy Act claims and allowed the plaintiffs to bring claims under the Privacy Act based on newly produced documents. 2017 WL 3035157.

On October 5, 2017, the defendant filed a second motion for summary judgment. On October 26, the plaintiffs also filed a second cross-motion for summary judgment. On January 12, 2018, having considered the parties’ briefs and oral argument, the court granted the defendant’s motion for summary judgment and denied the plaintiffs’ cross-motion. 2018 WL 398236.

On March 14, 2018, the plaintiffs appealed the decision to the Ninth Circuit Court of Appeals (USCA Case Number 18-15416). In the Court of Appeals, the parties exchanged briefs and multiple institutions filed amici briefs. Oral argument took place on June 12, 2019 before a three-judge panel consisting of Judge A. Wallace Tashima, Judge William A. Fletcher, and Judge Marsha S. Berzon.

On September 11, 2019, the Ninth Circuit Court of Appeals issued an order affirming in part and reversing in part the trial court's judgment. 937 F.3d 1284. The Ninth Circuit held that unless a record is pertinent to an ongoing authorized law enforcement activity, an agency may not maintain it under Section (e)(7) of the Privacy Act. The Ninth Circuit held that the FBI had not met its burden of demonstrating that the one memo, the 2004 Memo, was pertinent to an ongoing law enforcement activity, it must be expunged. However, another memo, the Halliburton Memo, need not be expunged because the FBI had met its burden to prove that it was pertinent to ongoing law enforcement activities.

On November 20, 2019, Judge Corley of the Northern District of California issued an amended final judgment ordering the FBI to expunge from its records the 2004 threat assessment memo. With this final order, the case closed.

Summary Authors

Susie Choi (3/23/2017)

Sichun Liu (5/26/2019)

Rebecca Fisher (3/22/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5967530/parties/raimondo-v-federal-bureau-of-investigation/


Judge(s)

Berzon, Marsha Siegel (California)

Corley, Jacqueline Scott (California)

Fletcher, William A. (California)

Tashima, Atsushi Wallace (California)

Attorneys(s) for Plaintiff

Bluth, Andrew (California)

Degner, Marley Freeman (California)

Hurtado, Laura Christine (California)

Loran, Thomas V. III (California)

Lye, Linda (California)

Mass, Julia Harumi (California)

Judge(s)

Berzon, Marsha Siegel (California)

Corley, Jacqueline Scott (California)

Fletcher, William A. (California)

Tashima, Atsushi Wallace (California)

Attorneys(s) for Plaintiff

Bluth, Andrew (California)

Degner, Marley Freeman (California)

Hurtado, Laura Christine (California)

Loran, Thomas V. III (California)

Lye, Linda (California)

Mass, Julia Harumi (California)

Talla, Vasudha (California)

Attorneys(s) for Defendant

Anderson, David Lloyd (California)

Falk, Rebecca Ann (California)

Stretch, Brian (District of Columbia)

Tse, Alex G. (California)

Wang, Jennifer S. (California)

Documents in the Clearinghouse

Document

3:13-cv-02295

0:18-15416

Docket

Nov. 20, 2019

Nov. 20, 2019

Docket
1-1

3:13-cv-02295

Complaint for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. 552 et seq. and the Privacy Act, 5 U.S.C. 552a et seq.

May 21, 2013

May 21, 2013

Complaint
28-1

3:13-cv-02295

First Amended and Supplemental Complaint for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5. U.S.C. § 552 et seq. and the Privacy Act, 5 U.S.C. § 552a et. seq.

May 1, 2014

May 1, 2014

Complaint
90

3:13-cv-02295

Order Re: Cross-Motions for Summary Judgment

2016 WL 2642038

May 10, 2016

May 10, 2016

Order/Opinion
101

3:13-cv-02295

Order

Jan. 23, 2017

Jan. 23, 2017

Order/Opinion
104

3:13-cv-02295

Order

Feb. 13, 2017

Feb. 13, 2017

Order/Opinion
105

3:13-cv-02295

Order Granting Plaintiffs Leave to File Motion for Reconsideration

Feb. 15, 2017

Feb. 15, 2017

Order/Opinion
122

3:13-cv-02295

Order Re: Cross-Motions for Summary Judgment

Jan. 12, 2018

Jan. 12, 2018

Order/Opinion
123

3:13-cv-02295

Judgment

Jan. 12, 2018

Jan. 12, 2018

Order/Opinion
57

3:13-cv-02295

0:18-15416

Opinion

Garris v. Federal Bureau of Investigation

U. S. Court of Appeals for the Ninth Circuit

937 F.3d 1284

Sept. 12, 2019

Sept. 12, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5967530/raimondo-v-federal-bureau-of-investigation/

Last updated Aug. 6, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Federal Bureau of Investigation ( Filing fee $ 400, receipt number 34611086218.). Filed byDennis Joseph Raimondo, Eric Anthony Garris. (Attachments: # 1 Complaint)(gaS, COURT STAFF) (Filed on 5/21/2013) (Additional attachment(s) added on 1/14/2019: # 2 Receipt) (slhS, COURT STAFF). (Entered: 05/22/2013)

1 Complaint

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2 Receipt

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May 21, 2013

May 21, 2013

RECAP
2

Summons Issued as to Federal Bureau of Investigation, U.S. Attorney and U.S. Attorney General (gaS, COURT STAFF) (Filed on 5/21/2013) (Entered: 05/22/2013)

May 21, 2013

May 21, 2013

PACER
3

Certificate of Interested Entities by Eric Anthony Garris, Dennis Joseph Raimondo re 1 Complaint (gaS, COURT STAFF) (Filed on 5/21/2013) (Entered: 05/22/2013)

May 21, 2013

May 21, 2013

PACER
4

ADR SCHEDULING ORDER: Case Management Statement due by 8/15/2013. Case Management Conference set for 8/22/2013 01:30 PM in Courtroom F, 15th Floor, San Francisco.. Signed by Judge Jacqueline Scott Corley on 5/21/13. (Attachments: # 1 Standing Order)(gaS, COURT STAFF) (Filed on 5/21/2013) (Entered: 05/22/2013)

1 Standing Order

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May 21, 2013

May 21, 2013

PACER
5

SUMMONS Returned Executed by Dennis Joseph Raimondo, Eric Anthony Garris. Federal Bureau of Investigation served on 5/21/2013, answer due 7/22/2013. (gaS, COURT STAFF) (Filed on 5/24/2013) (Entered: 05/28/2013)

May 24, 2013

May 24, 2013

PACER
6

SUMMONS Returned Executed by Dennis Joseph Raimondo, Eric Anthony Garris. Federal Bureau of Investigation served on 5/23/2013, answer due 7/22/2013. (Hurtado, Laura) (Filed on 5/29/2013) (Entered: 05/29/2013)

May 29, 2013

May 29, 2013

PACER
7

CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge within 14 days of this notice. (ahm, COURT STAFF) (Filed on 6/10/2013) (Entered: 06/10/2013)

June 10, 2013

June 10, 2013

PACER
8

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Eric Anthony Garris, Dennis Joseph Raimondo.. (Attachments: # 1 Certificate/Proof of Service)(Hurtado, Laura) (Filed on 6/13/2013) (Entered: 06/13/2013)

1 Certificate/Proof of Service

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June 13, 2013

June 13, 2013

PACER
9

Federal Defendant's ANSWER to Complaint byFederal Bureau of Investigation. (Wang, Jennifer) (Filed on 6/20/2013) (Entered: 06/20/2013)

June 20, 2013

June 20, 2013

PACER
10

CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge within 14 days of this notice. (ahm, COURT STAFF) (Filed on 7/2/2013) (Entered: 07/02/2013)

July 2, 2013

July 2, 2013

PACER
11

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Federal Bureau of Investigation.. (Wang, Jennifer) (Filed on 7/15/2013) (Entered: 07/15/2013)

July 15, 2013

July 15, 2013

RECAP
12

STIPULATION WITH PROPOSED ORDER Stipulation To Continue Initial Case Management Conference filed by Federal Bureau of Investigation. (Wang, Jennifer) (Filed on 7/30/2013) (Entered: 07/30/2013)

July 30, 2013

July 30, 2013

PACER
13

ORDER by Magistrate Judge Jacqueline Scott Corley granting 12 Stipulation To Continue Initial Case Management Conference (ahm, COURT STAFF) (Filed on 7/31/2013) (Entered: 07/31/2013)

July 31, 2013

July 31, 2013

PACER

Set Deadlines/Hearings: Joint Case Management Statement due by 8/22/2013. Initial Case Management Conference reset for 8/29/2013 01:30 PM in Courtroom F, 15th Floor, San Francisco. (ahm, COURT STAFF) (Filed on 7/31/2013)

July 31, 2013

July 31, 2013

PACER
14

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Hurtado, Laura) (Filed on 8/1/2013) (Entered: 08/01/2013)

Aug. 1, 2013

Aug. 1, 2013

PACER
15

CASE MANAGEMENT STATEMENT filed by Eric Anthony Garris, Dennis Joseph Raimondo. (Degner, Marley) (Filed on 8/23/2013) (Entered: 08/23/2013)

Aug. 23, 2013

Aug. 23, 2013

PACER
16

Minute Entry: Initial Case Management Conference held on 8/29/2013 before Magistrate Judge Jacqueline Scott Corley (Date Filed: 8/30/2013). Joint Case Management Statement due by 11/7/2013. Further Case Management Conference set for 11/14/2013 01:30 PM in Courtroom F, 15th Floor, San Francisco. (FTR Recording 1:32-1:38) (ahm, COURT STAFF) (Date Filed: 8/30/2013) (Entered: 08/30/2013)

Aug. 30, 2013

Aug. 30, 2013

PACER
17

SCHEDULING ORDER. Signed by Magistrate Judge Jacqueline Scott Corley on 8/30/2013. (ahm, COURT STAFF) (Filed on 8/30/2013) (Entered: 08/30/2013)

Aug. 30, 2013

Aug. 30, 2013

PACER
18

MOTION to Stay filed by Federal Bureau of Investigation. Responses due by 10/15/2013. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Wang, Jennifer) (Filed on 10/8/2013) (Entered: 10/08/2013)

1 Affidavit

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2 Proposed Order

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Oct. 8, 2013

Oct. 8, 2013

PACER
19

RESPONSE (re 18 MOTION to Stay ) Plaintiffs' Statement of Partial Non-Opposition to Defendant's Administrative Motion For Stay filed byEric Anthony Garris, Dennis Joseph Raimondo. (Attachments: # 1 Declaration of Laura C. Hurtado in Support of Plaintiffs' Statement of Partial Non-Opposition, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order)(Hurtado, Laura) (Filed on 10/11/2013) (Entered: 10/11/2013)

1 Declaration of Laura C. Hurtado in Support of Plaintiffs' Statement of Part

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2 Exhibit A

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3 Exhibit B

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4 Proposed Order

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Oct. 11, 2013

Oct. 11, 2013

PACER
20

ORDER by Magistrate Judge Jacqueline Scott Corley denying as moot 18 Motion to Stay (This is a text only docket entry, there is no document associated with this notice.) (ahm, COURT STAFF) (Filed on 10/18/2013) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

PACER
21

CASE MANAGEMENT STATEMENT filed by Eric Anthony Garris, Dennis Joseph Raimondo. (Hurtado, Laura) (Filed on 11/7/2013) (Entered: 11/07/2013)

Nov. 7, 2013

Nov. 7, 2013

PACER
22

Minute Entry: Further Case Management Conference held on 11/14/2013 before Magistrate Judge Jacqueline Scott Corley (Date Filed: 11/14/2013). (FTR Recording 1:30-1:32) (ahm, COURT STAFF) (Date Filed: 11/14/2013) (Entered: 11/14/2013)

Nov. 14, 2013

Nov. 14, 2013

PACER
23

STIPULATION WITH PROPOSED ORDER Vacating Summary Judgment Schedule and Setting Status Conference filed by Federal Bureau of Investigation. (Wang, Jennifer) (Filed on 1/13/2014) (Entered: 01/13/2014)

Jan. 13, 2014

Jan. 13, 2014

PACER
24

ORDER by Magistrate Judge Jacqueline Scott Corley granting 23 Stipulation Vacating Summary Judgment Schedule and Setting Status Conference (ahm, COURT STAFF) (Filed on 1/13/2014) (Entered: 01/13/2014)

Jan. 13, 2014

Jan. 13, 2014

PACER

Set Deadlines/Hearings: Joint Case Management Statement due by 2/6/2014. Further Case Management Conference set for 2/13/2014 01:30 PM in Courtroom F, 15th Floor, San Francisco. (ahm, COURT STAFF) (Filed on 1/13/2014)

Jan. 13, 2014

Jan. 13, 2014

PACER
25

JOINT CASE MANAGEMENT STATEMENT filed by Eric Anthony Garris, Dennis Joseph Raimondo. (Hurtado, Laura) (Filed on 2/6/2014) (Entered: 02/06/2014)

Feb. 6, 2014

Feb. 6, 2014

PACER
26

Minute Entry: Further Case Management Conference held on 2/13/2014 before Magistrate Judge Jacqueline Scott Corley (Date Filed: 2/13/2014). Joint Case Management Statement due by 7/31/2014. Further Case Management Conference set for 8/7/2014 01:30 PM in Courtroom F, 15th Floor, San Francisco. (FTR Recording 1:46-2:05) (ahm, COURT STAFF) (Date Filed: 2/13/2014) (Entered: 02/13/2014)

Feb. 13, 2014

Feb. 13, 2014

PACER
27

NOTICE by Federal Bureau of Investigation Defendant's Notice of Unavailability (Wang, Jennifer) (Filed on 4/1/2014) (Entered: 04/01/2014)

April 1, 2014

April 1, 2014

PACER
28

STIPULATION WITH PROPOSED ORDER RE LEAVE TO FILE FIRST AMENDED COMPLAINT filed by Eric Anthony Garris, Dennis Joseph Raimondo. (Attachments: # 1 Exhibit 1)(Hurtado, Laura) (Filed on 5/1/2014) (Entered: 05/01/2014)

1 Exhibit 1

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May 1, 2014

May 1, 2014

PACER
29

ORDER by Magistrate Judge Jacqueline Scott Corley granting 28 Stipulation FOR LEAVE TO FILE FIRST AMENDED COMPLAINT (ahm, COURT STAFF) (Filed on 5/2/2014) (Entered: 05/02/2014)

May 2, 2014

May 2, 2014

PACER
30

Federal Defendant's ANSWER to Complaint First Amended Complaint byFederal Bureau of Investigation. (Wang, Jennifer) (Filed on 6/23/2014) (Entered: 06/23/2014)

June 23, 2014

June 23, 2014

PACER
31

JOINT CASE MANAGEMENT STATEMENT filed by Eric Anthony Garris, Dennis Joseph Raimondo. (Hurtado, Laura) (Filed on 7/31/2014) (Entered: 07/31/2014)

July 31, 2014

July 31, 2014

PACER
32

Minute Entry: Further Case Management Conference held on 8/7/2014 before Jacqueline Scott Corley (Date Filed: 8/8/2014). Case Management Statement due by 9/18/2014. Further Case Management Conference set for 9/25/2014 01:30 PM in Courtroom F, 15th Floor, San Francisco. (Recording #2:01 - 2:34.) (tlS, COURT STAFF) (Date Filed: 8/8/2014) (Entered: 08/08/2014)

Aug. 8, 2014

Aug. 8, 2014

PACER
33

STIPULATION WITH PROPOSED ORDER Order Continuing September 25, 2014 Case Management Conference filed by Federal Bureau of Investigation. (Wang, Jennifer) (Filed on 9/16/2014) (Entered: 09/16/2014)

Sept. 16, 2014

Sept. 16, 2014

PACER
34

ORDER by Magistrate Judge Jacqueline Scott Corley granting 33 Stipulation Continuing September 25, 2014 Case Management Conference (ahm, COURT STAFF) (Filed on 9/16/2014) (Entered: 09/16/2014)

Sept. 16, 2014

Sept. 16, 2014

PACER

Set Deadlines/Hearings: Joint Case Management Statement due by 10/30/2014. Further Case Management Conference reset for 11/6/2014 01:30 PM in Courtroom F, 15th Floor, San Francisco. (ahm, COURT STAFF) (Filed on 9/16/2014)

Sept. 16, 2014

Sept. 16, 2014

PACER
35

JOINT CASE MANAGEMENT STATEMENT filed by Eric Anthony Garris, Dennis Joseph Raimondo. (Hurtado, Laura) (Filed on 10/30/2014) (Entered: 10/30/2014)

Oct. 30, 2014

Oct. 30, 2014

PACER
36

Minute Entry: Further Case Management Conference held on 11/6/2014 before Magistrate Judge Jacqueline Soctt Corley (Date Filed: 11/7/2014). (Court Reporter: Not Reported) (ahm, COURT STAFF) (Date Filed: 11/7/2014) (Entered: 11/07/2014)

Nov. 7, 2014

Nov. 7, 2014

PACER
37

ORDER SETTING BRIEFING SCHEDULES FOR DISCOVERY DISPUTES AND SUMMARY JUDGMENT MOTIONS. Signed by Magistrate Judge Jacqueline Scott Corley on 11/7/2014. (ahm, COURT STAFF) (Filed on 11/7/2014) (Entered: 11/07/2014)

Nov. 7, 2014

Nov. 7, 2014

RECAP
38

STIPULATION WITH PROPOSED ORDER Stipulated Protective Order filed by Federal Bureau of Investigation. (Wang, Jennifer) (Filed on 11/20/2014) (Entered: 11/20/2014)

Nov. 20, 2014

Nov. 20, 2014

PACER
39

ORDER by Judge Jacqueline Scott Corley granting 38 Stipulated Protective Order (ahm, COURT STAFF) (Filed on 11/21/2014) (Entered: 11/21/2014)

Nov. 21, 2014

Nov. 21, 2014

PACER
40

MOTION Extend Deadlines to Complete Discovery Meet and Confer and to File Discovery Motions filed by Federal Bureau of Investigation. Responses due by 12/15/2014. (Wang, Jennifer) (Filed on 12/11/2014) (Entered: 12/11/2014)

Dec. 11, 2014

Dec. 11, 2014

PACER
41

RESPONSE (re 40 MOTION Extend Deadlines to Complete Discovery Meet and Confer and to File Discovery Motions ) filed byEric Anthony Garris, Dennis Joseph Raimondo. (Attachments: # 1 Proposed Order)(Hurtado, Laura) (Filed on 12/15/2014) (Entered: 12/15/2014)

1 Proposed Order

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Dec. 15, 2014

Dec. 15, 2014

PACER
42

ORDER by Magistrate Judge Jacqueline Scott Corley granting in part and denying in part 40 Motion EXTENDING DISCOVERY DEADLINES (ahm, COURT STAFF) (Filed on 12/18/2014) (Entered: 12/18/2014)

Dec. 18, 2014

Dec. 18, 2014

PACER
43

MOTION to Compel filed by Eric Anthony Garris, Dennis Joseph Raimondo. Motion Hearing set for 4/2/2015 09:00 AM in Courtroom F, 15th Floor, San Francisco before Magistrate Judge Jacqueline Scott Corley. Responses due by 3/12/2015. Replies due by 3/19/2015. (Attachments: # 1 Declaration of Laura C. Hurtado, # 2 Exhibit to Hurtado Declaration, # 3 Proposed Order)(Hurtado, Laura) (Filed on 1/22/2015) (Entered: 01/22/2015)

1 Declaration of Laura C. Hurtado

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2 Exhibit to Hurtado Declaration

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3 Proposed Order

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Jan. 22, 2015

Jan. 22, 2015

PACER
44

STIPULATION WITH PROPOSED ORDER to Extend Deadlines Related to Plaintiffs' Motion to Compel filed by Federal Bureau of Investigation. (Wang, Jennifer) (Filed on 3/9/2015) (Entered: 03/09/2015)

March 9, 2015

March 9, 2015

PACER
45

ORDER by Magistrate Judge Jacqueline Scott Corley granting 44 Stipulation to Extend Deadlines Related to Plaintiffs' Motion to Compel (ahm, COURT STAFF) (Filed on 3/10/2015) (Entered: 03/10/2015)

March 10, 2015

March 10, 2015

PACER

Set/Reset Deadlines as to 43 MOTION to Compel . Responses due by 3/26/2015. Replies due by 4/9/2015. Motion Hearing reset for 4/23/2015 09:00 AM in Courtroom F, 15th Floor, San Francisco before Magistrate Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 3/10/2015)

March 10, 2015

March 10, 2015

PACER
46

RESPONSE (re 43 MOTION to Compel ) Defendant's Opposition to Plaintiffs' Motion to Compel filed byFederal Bureau of Investigation. (Wang, Jennifer) (Filed on 3/26/2015) (Entered: 03/26/2015)

March 26, 2015

March 26, 2015

PACER
47

AFFIDAVIT re 46 Opposition/Response to Motion Declaration of Michael Steinbach by Federal Bureau of Investigation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Wang, Jennifer) (Filed on 3/26/2015) (Entered: 03/26/2015)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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March 26, 2015

March 26, 2015

PACER
48

AFFIDAVIT re 46 Opposition/Response to Motion Declaration of Jennifer S Wang by Federal Bureau of Investigation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Wang, Jennifer) (Filed on 3/27/2015) (Entered: 03/27/2015)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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March 27, 2015

March 27, 2015

PACER
49

Administrative Motion to File Under Seal Defendant's Administrative Motion for Defendant to Submit Memorandum and Declaration in Camera and Under Seal filed by Federal Bureau of Investigation. (Attachments: # 1 Affidavit)(Wang, Jennifer) (Filed on 3/27/2015) (Entered: 03/27/2015)

1 Affidavit

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March 27, 2015

March 27, 2015

PACER
50

RESPONSE (re 49 Administrative Motion to File Under Seal Defendant's Administrative Motion for Defendant to Submit Memorandum and Declaration in Camera and Under Seal ) filed byEric Anthony Garris, Dennis Joseph Raimondo. (Attachments: # 1 Proposed Order)(Hurtado, Laura) (Filed on 3/31/2015) (Entered: 03/31/2015)

1 Proposed Order

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March 31, 2015

March 31, 2015

PACER
51

REPLY (re 43 MOTION to Compel ) filed byEric Anthony Garris, Dennis Joseph Raimondo. (Hurtado, Laura) (Filed on 4/9/2015) (Entered: 04/09/2015)

April 9, 2015

April 9, 2015

PACER
52

Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Motion Hearing held on 4/23/2015 re 43 MOTION to Compel filed by Eric Anthony Garris, Dennis Joseph Raimondo. (ahm, COURT STAFF) (Date Filed: 4/23/2015) (Entered: 04/24/2015)

April 23, 2015

April 23, 2015

PACER
53

ORDER by Magistrate Judge Jacqueline Scott Corley granting in part 43 Motion to Compel (ahm, COURT STAFF) (Filed on 4/23/2015) (Entered: 04/24/2015)

April 23, 2015

April 23, 2015

RECAP
54

Status Report re 53 Order on Motion to Compel filed by Eric Anthony Garris, Dennis Joseph Raimondo. (Related document(s) 53 ) (Hurtado, Laura) (Filed on 6/4/2015) Modified on 6/5/2015 (slhS, COURT STAFF). (Entered: 06/04/2015)

June 4, 2015

June 4, 2015

PACER

Set/Reset Hearing: Status Conference set for 7/9/2015 09:00 AM in Courtroom F, 15th Floor, San Francisco before Magistrate Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 6/9/2015)

June 9, 2015

June 9, 2015

PACER
55

TRANSCRIPT ORDER by Eric Anthony Garris, Dennis Joseph Raimondo for Court Reporter FTR - San Francisco. (Hurtado, Laura) (Filed on 6/9/2015) (Entered: 06/09/2015)

June 9, 2015

June 9, 2015

PACER
56

Transcript of Proceedings held on 04/23/2015, before Magistrate Judge Jacqueline Scott Corley. Court Reporter/Transcriber Leo T. Mankiewicz, CSR, RMR, CRR, Telephone number (415) 722-7045; email: leomank@gmail.com. FTR 9:00 a.m. - 9:37 a.m. = 37 minutes. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 55 Transcript Order ) Redaction Request due 7/20/2015. Redacted Transcript Deadline set for 7/28/2015. Release of Transcript Restriction set for 9/25/2015. (Related documents(s) 55 ) (Mankiewicz, Leo) (Filed on 6/27/2015) (Entered: 06/27/2015)

June 27, 2015

June 27, 2015

PACER
57

JOINT CASE MANAGEMENT STATEMENT filed by Eric Anthony Garris, Dennis Joseph Raimondo. (Hurtado, Laura) (Filed on 7/2/2015) (Entered: 07/02/2015)

July 2, 2015

July 2, 2015

PACER
58

TRANSCRIPT ORDER by Federal Bureau of Investigation for Court Reporter Leo Mankiewicz. (Wang, Jennifer) (Filed on 7/8/2015) (Entered: 07/08/2015)

July 8, 2015

July 8, 2015

PACER
59

Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Status Conference held on 7/9/2015. The parties shall meet and confer and submit a proposed scheduling order re: motion to quash and motion for summary judgment by July 16, 2015. (FTR Time 9:04-9:17)Plaintiff Attorney: Laura Hurtado; Julia Mass. Defendant Attorney: Jennifer Wang. This is a text only Minute Entry (ahm, COURT STAFF) (Date Filed: 7/9/2015) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

PACER
60

Statement re 59 Status Conference, Joint Proposed Scheduling Order by Eric Anthony Garris, Dennis Joseph Raimondo. (Hurtado, Laura) (Filed on 7/16/2015) (Entered: 07/16/2015)

July 16, 2015

July 16, 2015

PACER
61

ORDER granting 60 Proposed Schedule filed by Eric Anthony Garris, Dennis Joseph Raimondo. Signed by Magistrate Judge Jacqueline Scott Corley on 7/17/2015. (ahm, COURT STAFF) (Filed on 7/17/2015) (Entered: 07/17/2015)

July 17, 2015

July 17, 2015

RECAP
62

Amended ORDER granting 60 Proposed Schedule filed by Eric Anthony Garris, Dennis Joseph Raimondo. Signed by Magistrate Judge Jacqueline Scott Corley on 7/17/2015. (ahm, COURT STAFF) (Filed on 7/17/2015) (Entered: 07/17/2015)

July 17, 2015

July 17, 2015

RECAP
63

MOTION for Protective Order filed by Federal Bureau of Investigation. Motion Hearing set for 9/10/2015 09:00 AM in Courtroom F, 15th Floor, San Francisco before Magistrate Judge Jacqueline Scott Corley. Responses due by 8/13/2015. Replies due by 8/27/2015. (Attachments: # 1 Proposed Order)(Wang, Jennifer) (Filed on 7/23/2015) (Entered: 07/23/2015)

1 Proposed Order

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July 23, 2015

July 23, 2015

PACER
64

Declaration of Jennifer S Wang in Support of 63 MOTION for Protective Order filed byFederal Bureau of Investigation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Related document(s) 63 ) (Wang, Jennifer) (Filed on 7/23/2015) (Entered: 07/23/2015)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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July 23, 2015

July 23, 2015

PACER
65

RESPONSE (re 63 MOTION for Protective Order ) filed byEric Anthony Garris, Dennis Joseph Raimondo. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Proposed Order)(Hurtado, Laura) (Filed on 8/13/2015) (Entered: 08/13/2015)

1 Declaration

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2 Exhibit

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3 Proposed Order

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Aug. 13, 2015

Aug. 13, 2015

PACER
66

REPLY (re 63 MOTION for Protective Order ) filed byFederal Bureau of Investigation. (Attachments: # 1 Affidavit, # 2 Exhibit G)(Wang, Jennifer) (Filed on 8/27/2015) (Entered: 08/27/2015)

1 Affidavit

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2 Exhibit G

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Aug. 27, 2015

Aug. 27, 2015

PACER
67

Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Motion Hearing held on 9/10/2015 re 63 MOTION for Protective Order filed by Federal Bureau of Investigation. Court to issue order. (Court Reporter:Rhonda Aquilina) Plaintiff Attorneys: Lara Hurtado; Julia Mass. Defendant Attorney: Jennifer Wang.This is a text only Minute Entry (ahm, COURT STAFF) (Date Filed: 9/10/2015) (Entered: 09/10/2015)

Sept. 10, 2015

Sept. 10, 2015

PACER
68

ORDER by Magistrate Judge Jacqueline Scott Corley granting 63 Motion for Protective Order (ahm, COURT STAFF) (Filed on 9/11/2015) (Entered: 09/11/2015)

Sept. 11, 2015

Sept. 11, 2015

RECAP
69

MOTION for Summary Judgment filed by Federal Bureau of Investigation. Motion Hearing set for 3/3/2016 09:00 AM in Courtroom F, 15th Floor, San Francisco before Magistrate Judge Jacqueline Scott Corley. Responses due by 12/17/2015. Replies due by 1/28/2016. (Attachments: # 1 Proposed Order)(Wang, Jennifer) (Filed on 11/12/2015) (Entered: 11/12/2015)

1 Proposed Order

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Nov. 12, 2015

Nov. 12, 2015

PACER
70

AFFIDAVIT in Support re 69 MOTION for Summary Judgment Declarationof Andrew Campi In Support of Defendant's Motion for Summary Judgment filed byFederal Bureau of Investigation. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 69 ) (Wang, Jennifer) (Filed on 11/12/2015) (Entered: 11/12/2015)

1 Exhibit A

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2 Exhibit B

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Nov. 12, 2015

Nov. 12, 2015

PACER
71

Declaration of David M. Hardy in Support of 69 MOTION for Summary Judgment filed byFederal Bureau of Investigation. (Attachments: # 1 Exhibit A-L, # 2 Exhibit M, # 3 Exhibit N-V,*** EXHIBIT FILED IN ERROR WITH CONFIDENTIAL INFORMATION. DOCUMENT LOCKED. DOCUMENT TO BE REFILED LATER. *** # 4 Exhibit W-AA)(Related document(s) 69 ) (Wang, Jennifer) (Filed on 11/12/2015) Modified on 11/13/2015 (fff, COURT STAFF). (Entered: 11/12/2015)

1 Exhibit A-L

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2 Exhibit M

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4 Exhibit W-AA

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Nov. 12, 2015

Nov. 12, 2015

PACER
72

NOTICE by Federal Bureau of Investigation re 69 MOTION for Summary Judgment Notice of Ex Parte, In Camera Filing (Wang, Jennifer) (Filed on 11/12/2015) (Entered: 11/13/2015)

Nov. 12, 2015

Nov. 12, 2015

PACER
73

Declaration of Jennifer S Wang in Support of 69 MOTION for Summary Judgment filed byFederal Bureau of Investigation. (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)(Related document(s) 69 ) (Wang, Jennifer) (Filed on 11/13/2015) (Entered: 11/13/2015)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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Nov. 13, 2015

Nov. 13, 2015

PACER
74

Administrative Motion to File Under Seal & [PROPOSED] ORDER; filed by Federal Bureau of Investigation. (Attachments: # 1 Declaration, # 2 Exhibit Redacted Ex. D, Wang Decl., # 3 Exhibit Part 1 - Unredacted Ex. D, Wang Decl., # 4 Exhibit Part 2, Unredacted Ex. D, Wang Decl., # 5 Exhibit Part 3 - Unredacted Ex. D, Wang Decl., # 6 Exhibit Part 4, Unredacted Ex. D, Wang Decl., # 7 Exhibit Unredacted Ex. AA, Hardy Decl.)(Wang, Jennifer) (Filed on 11/13/2015) Modified on 11/13/2015 (aaaS, COURT STAFF). (Entered: 11/13/2015)

1 Declaration

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2 Exhibit Redacted Ex. D, Wang Decl.

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Nov. 13, 2015

Nov. 13, 2015

PACER
75

STIPULATION WITH PROPOSED ORDER re 69 MOTION for Summary Judgment Stipulation and [Proposed] Order Enlarging Page-Limit for Defendant's Motion for Summary Judgment filed by Federal Bureau of Investigation. (Wang, Jennifer) (Filed on 11/13/2015) (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER
76

ORDER by Judge Jacqueline Scott Corley granting 75 Stipulation to Enlarge Page-Limit for Defendant's Motion for Summary Judgment (ahm, COURT STAFF) (Filed on 11/13/2015) (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER
77

MOTION to Remove Incorrectly Filed Document ; [Proposed] Order filed by Federal Bureau of Investigation. (Attachments: # 1 Declaration of Jennifer S Wang)(Wang, Jennifer) (Filed on 11/13/2015) (Entered: 11/13/2015)

1 Declaration of Jennifer S Wang

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Nov. 13, 2015

Nov. 13, 2015

PACER
78

EXHIBITS re 71 Declaration in Support, CORRECTION OF DOCKET # [71-3], filed byFederal Bureau of Investigation. (Related document(s) 71 ) (Wang, Jennifer) (Filed on 11/13/2015) (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER
79

Order by Magistrate Judge Jacqueline Scott Corley granting 77 Motion to Remove Incorrectly Filed Document. (This is a text only docket entry; there is no document associated with this notice.)(jsclc2, COURT STAFF) (Filed on 11/16/2015) (Entered: 11/16/2015)

Nov. 16, 2015

Nov. 16, 2015

PACER
80

STIPULATION WITH PROPOSED ORDER re 17 Scheduling Order Enlarging Page Limit for Plaintiffs' Opposition and Cross-Motion for Summary Judgment filed by Eric Anthony Garris, Dennis Joseph Raimondo. (Hurtado, Laura) (Filed on 12/16/2015) (Entered: 12/16/2015)

Dec. 16, 2015

Dec. 16, 2015

PACER
81

ORDER by Magistrate Judge Jacqueline Scott Corley granting in part 80 Stipulation Enlarging Page Limit for Plaintiffs' Opposition and Cross-Motion for Summary Judgment (ahm, COURT STAFF) (Filed on 12/17/2015) (Entered: 12/17/2015)

Dec. 17, 2015

Dec. 17, 2015

PACER
82

Cross MOTION for Summary Judgment filed by Eric Anthony Garris, Dennis Joseph Raimondo. Motion Hearing set for 3/3/2016 09:00 AM in Courtroom F, 15th Floor, San Francisco before Magistrate Judge Jacqueline Scott Corley. Responses due by 1/28/2015. Replies due by 2/11/2016. (Attachments: # 1 Declaration Hurtado Declaration and Exhibits, # 2 Proposed Order)(Hurtado, Laura) (Filed on 12/17/2015) (Entered: 12/17/2015)

1 Declaration Hurtado Declaration and Exhibits

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2 Proposed Order

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Dec. 17, 2015

Dec. 17, 2015

PACER
83

STIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Order to Extend Deadlines Related to the Parties' Cross Motions for Summary Judgment filed by Federal Bureau of Investigation. (Wang, Jennifer) (Filed on 1/19/2016) (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

PACER
84

ORDER by Magistrate Judge Jacqueline Scott Corley granting 83 Stipulation to Extend Deadlines Related to the Parties' Cross Motions for Summary Judgment (ahm, COURT STAFF) (Filed on 1/20/2016) (Entered: 01/20/2016)

Jan. 20, 2016

Jan. 20, 2016

PACER

Set/Reset Deadlines as to 82 Cross MOTION for Summary Judgment, 69 MOTION for Summary Judgment . Responses due by 2/11/2016. Replies due by 3/3/2016. Motion Hearing reset for 3/24/2016 02:00 PM in Courtroom F, 15th Floor, San Francisco before Magistrate Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 1/20/2016)

Jan. 20, 2016

Jan. 20, 2016

PACER
85

RESPONSE (re 82 Cross MOTION for Summary Judgment, 69 MOTION for Summary Judgment ) Defendant's Reply In Support of Defendant's Motion for Summary Judgment and Opposition to Plaintiffs' Cross-Motion for Summary Judgment filed byFederal Bureau of Investigation. (Wang, Jennifer) (Filed on 2/11/2016) (Entered: 02/11/2016)

Feb. 11, 2016

Feb. 11, 2016

PACER
86

Declaration of David M. Hardy in Support of 85 Opposition/Response to Motion, Supplemental Declaration of David M. Hardy filed byFederal Bureau of Investigation. (Related document(s) 85 ) (Wang, Jennifer) (Filed on 2/11/2016) (Entered: 02/11/2016)

Feb. 11, 2016

Feb. 11, 2016

PACER
87

Declaration in Support of 85 Opposition/Response to Motion, Supplemental Declaration of Jennifer S Wang In Support of Defendant's Reply In Support of Defendant's Motion for Summary Judgment and Opposition to Plaintiffs' Cross-Motion for Summary Judgment filed byFederal Bureau of Investigation. (Attachments: # 1 Exhibit J-K)(Related document(s) 85 ) (Wang, Jennifer) (Filed on 2/12/2016) (Entered: 02/12/2016)

1 Exhibit J-K

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Feb. 12, 2016

Feb. 12, 2016

PACER
88

REPLY (re 82 Cross MOTION for Summary Judgment, 69 MOTION for Summary Judgment ) filed byEric Anthony Garris, Dennis Joseph Raimondo. (Attachments: # 1 Declaration)(Hurtado, Laura) (Filed on 3/3/2016) (Entered: 03/03/2016)

1 Declaration

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March 3, 2016

March 3, 2016

PACER
89

Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Motion Hearing held on 3/24/2016 re 69 MOTION for Summary Judgment filed by Federal Bureau of Investigation and 82 Cross MOTION for Summary Judgment filed by Eric Anthony Garris, Dennis Joseph Raimondo. (FTR Time 2:27-4:13.) Plaintiff Attorneys: Laura Hurtado; Julia Mass; Andrew Bluth. Defendant Attorney: Jennifer Wang. This is a text only Minute Entry (ahm, COURT STAFF) (Date Filed: 3/24/2016) Transcribed by Joan Columbini. Modified on 3/2/2018 (notewarelS, COURT STAFF). (Entered: 03/25/2016)

March 24, 2016

March 24, 2016

PACER
90

ORDER RE: CROSS-MOTIONS FOR SUMMARY JUDGMENT. Signed by Judge Jacqueline Scott Corley on 5/10/2016. (ahm, COURT STAFF) (Filed on 5/10/2016) (Entered: 05/10/2016)

May 10, 2016

May 10, 2016

RECAP

Set Deadlines/Hearings: Joint Case Management Statement due by 6/2/2016. Further Case Management Conference set for 6/9/2016 at 01:30 PM in Courtroom F, 15th Floor, San Francisco. (ahm, COURT STAFF) (Filed on 5/10/2016)

May 10, 2016

May 10, 2016

PACER
91

ORDER by Magistrate Judge Jacqueline Scott Corley granting in part and denying in part 74 Administrative Motion to File Under Seal. (ahm, COURT STAFF) (Filed on 5/10/2016) (Entered: 05/10/2016)

May 10, 2016

May 10, 2016

PACER
92

STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by Federal Bureau of Investigation. (Wang, Jennifer) (Filed on 5/13/2016) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

PACER
93

ORDER by Magistrate Judge Jacqueline Scott Corley granting 92 Stipulation to Continue Case Management Conference. (ahm, COURT STAFF) (Filed on 5/16/2016) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

PACER

Case Details

State / Territory: California

Case Type(s):

National Security

Key Dates

Filing Date: May 21, 2013

Closing Date: Nov. 20, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs are editorial director and managing editor who work for online magazine Antiwar.com, an anti-interventionist website that publishes news and opinion articles about U.S. foreign and military policy.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

FBI, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Freedom of Information Act (FOIA), 5 U.S.C. § 552

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Document/information produced

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Required disclosure

Issues

General:

Confidentiality

Record-keeping

Records Disclosure