Center for Biological Diversity v. Office of Management and Budget
Plaintiff: Center for Biological Diversity
Defendant: Office of Management and Budget
Case Number: 3:2007cv04997
Filed: September 27, 2007
Court: US District Court for the Northern District of California
Office: San Francisco Office
County: San Francisco
Presiding Judge: Marilyn H. Patel
Nature of Suit: Freedom of Information Act
Cause of Action: 05 U.S.C. ยง 552 Right to Privacy Act
Jury Demanded By: None
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Date Filed Document Text
February 9, 2010 Opinion or Order Filing 124 STIPULATION AND ORDER APPROVING SETTLEMENT AND DISMISSING CASE; Signed by Judge Marilyn Hall Patel on 2/8/2010. (awb, COURT STAFF) (Filed on 2/9/2010)
January 6, 2010 Opinion or Order Filing 114 STIPULATION AND ORDER amending briefing schedules: Motions to be filed by 1/25/2010; Oppositions to be filed by 2/5/2010; Signed by Judge Marilyn Hall Patel on 1/6/2010. (awb, COURT STAFF) (Filed on 1/6/2010)
November 3, 2009 Opinion or Order Filing 110 STIPULATION AND ORDER vacating 11/2/09 Case Management Conference; Signed by Judge Marilyn Hall Patel on 11/3/2009. (awb, COURT STAFF) (Filed on 11/3/2009)
October 14, 2009 Opinion or Order Filing 107 STIPULATION AND ORDER amending briefing schedules AND continuing Status Conference to 11/2/2009 03:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 10/14/2009. (awb, COURT STAFF) (Filed on 10/14/2009)
September 9, 2009 Opinion or Order Filing 103 AMENDMENT TO REPORT AND RECOMMENDATION re 102 REPORT AND RECOMMENDATIONS. Signed by Magistrate Judge Bernard Zimmerman on 9/9/2009. (bzsec, COURT STAFF) (Filed on 9/9/2009)
August 25, 2009 Opinion or Order Filing 102 REPORT AND RECOMMENDATIONS Objections to R&R due by 9/9/2009. Signed by Magistrate Judge Bernard Zimmerman on 8/24/2009. (bzsec, COURT STAFF) (Filed on 8/25/2009)
May 5, 2009 Opinion or Order Filing 96 MEMORANDUM AND ORDER: Defendant's motion for summary judgement is GRANTED in part, with respect to documents asserted under FOIA Exemption 5, the attorney-client privilege, and FOIA Exemption 6, privacy. Defendant's motion for summary judg ement is further GRANTED in part, with respect to documents which meet the courts rulings under FOIA Exemption 5, the deliberative process and presidential communications privileges. Defendant's motion for summary judgement is DENIED in part wi th respect to the remaining documents, which will be submitted in accordance with the parties future stipulation for in camera review.Plaintiff's motion for summary judgement is accordingly DENIED; Signed by Judge Marilyn Hall Patel on 5/5/2009. (awb, COURT STAFF) (Filed on 5/5/2009)
February 6, 2009 Opinion or Order Filing 77 STIPULATION AND ORDER re briefing schedule for remainder of case; Signed by Judge Marilyn Hall Patel on 2/6/2009. (awb, COURT-STAFF) (Filed on 2/6/2009)
January 14, 2009 Opinion or Order Filing 74 STIPULATION AND ORDER re briefing schedule for Vaughn index: opening briefs to be filed by 2/9/2009; Oppositions to be filed by 2/23/2009; Motion Hearing set for 3/9/2009 02:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 1/14/2009. (awb, COURT-STAFF) (Filed on 1/14/2009)
December 22, 2008 Opinion or Order Filing 67 STIPULATION AND ORDER AMENDING BRIEFING SCHEDULES for 1/5/09 Vaughn Index and declarations; Motion Hearing set for 2/23/2009 02:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 12/22/2008. (awb, COURT-STAFF) (Filed on 12/22/2008)
December 4, 2008 Opinion or Order Filing 59 MEMORANDUM AND ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT; Signed by Judge Marilyn Hall Patel on 11/25/2008. (awb, COURT-STAFF) (Filed on 12/4/2008)
November 25, 2008 Opinion or Order Filing 58 ***DOCKETED IN ERROR - SEE DOC. 59 *** MEMORANDUM AND ORDER by Judge Marilyn Hall Patel: By stipulation of the parties, defendant is GRANTED partial summary judgment as to the documents withheld under the attorney-client privilege; However, the court must partially DENY defendants motion for summary judgment as to the documents withheld under the other two privileges. The Vaughn index and declarations submitted by defendant are deficient in many respects. The index and declarations identified each document withheld or redacted and the statutory exemption claimed, but failed to provide sufficiently particularized explanations of how disclosure of the particular document would damage the interest protected by the claimed exemption. The cou rt hereby orders defendant to produce a more particularized Vaughn index as to the remaining privileges consistent with this opinion, to provide the court with an adequate factual basis upon which it could conduct a de novo review of the defendants w ithholding decisions.The court does not conclude that the documents are not exempt as a matter of law, only that the agency has failed to supply the court with the minimal information necessary to make such a determination. Therefore, plaintiffs mot ion for summary judgment is also DENIED.This order explains why defendants index and declarations are insufficient. Given the number of extensions already granted to defendant to produce documents responsive to CBDs FOIA request, the OMB is ordered to give the production of revised materials sufficient priority to ensure that they are submitted by January 5, 2009. Further, the OMB is on notice that a failure to submit adequate revisions that provide the court with sufficiently particularized explanations of how disclosure will damage the interest protected by the claimed privilege will be deemed a waiver of that privilege. (awb, COURT-STAFF) (Filed on 11/25/2008) Modified on 12/4/2008 (awb, COURT-STAFF).
November 18, 2008 Opinion or Order Filing 56 STIPULATION AND ORDER extending 11/3/2008 deadline to 11/13/2008 for OMB to produce final Vaughn index and supporting declarations; Signed by Judge Marilyn Hall Patel on 11/14/2008. (awb, COURT-STAFF) (Filed on 11/18/2008)
October 22, 2008 Opinion or Order Filing 48 STIPULATION AND ORDER AMENDING BRIEFING SCHEDULES re 44 42 Motions for Summary Judgment; Signed by Judge Marilyn Hall Patel on 10/21/2008. (awb, COURT-STAFF) (Filed on 10/22/2008)
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Plaintiff: Center for Biological Diversity
Represented By: Deborah Ann Sivas
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Defendant: Office of Management and Budget
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