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Case TitleNATIONAL PUBLIC RADIO INC. et al v. FEDERAL EMERGENCY MANAGEMENT AGENCY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00091
Date Filed2017-01-13
Date ClosedOpen
JudgeChief Judge Beryl A. Howell
PlaintiffNATIONAL PUBLIC RADIO INC.
PlaintiffROBERT BENINCASA
Case DescriptionRobert Benincasa, a producer for the investigations unit of National Public Radio, submitted a FOIA request to the Federal Emergency Management Agency for database information concerning property acquisitions resulting from a natural disaster. The agency told Benincasa that identifying information such as names and addresses would be redacted under Exemption 6 (invasion of privacy). Benincasa filed an administrative appeal, which was denied on the basis of Exemption 6. Benincasa and NPR then filed suit.
Complaint issues: Litigation - Attorney's fees, Exemption 6 - Invasion of privacy

DefendantFEDERAL EMERGENCY MANAGEMENT AGENCY
DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY
DefendantDEPARTMENT OF HOMELAND SECURITY
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-01-131COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4806186) filed by NATIONAL PUBLIC RADIO INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet, # 6 Summons DHS, # 7 Summons FEMA, # 8 Summons USAG, # 9 Summons DC USA)(Marshall, C.) (Entered: 01/13/2017)
2017-01-132LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL PUBLIC RADIO INC. (Marshall, C.) (Entered: 01/13/2017)
2017-01-17Case Assigned to Judge Ketanji Brown Jackson. (zsb) (Entered: 01/17/2017)
2017-01-173SUMMONS (4) Issued Electronically as to FEDERAL EMERGENCY MANAGEMENT AGENCY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 01/17/2017)
2017-02-224GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Courts instructions for briefing motions and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 2/22/2017. (lckbj1) (Entered: 02/22/2017)
2017-02-235NOTICE of Appearance by Joshua M. Kolsky on behalf of FEDERAL EMERGENCY MANAGEMENT AGENCY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Kolsky, Joshua) (Entered: 02/23/2017)
2017-02-236ANSWER to Complaint by FEDERAL EMERGENCY MANAGEMENT AGENCY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Kolsky, Joshua) (Entered: 02/23/2017)
2017-02-24MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure, on or before 3/10/2017. Signed by Judge Ketanji Brown Jackson on 02/24/2017. (lckbj1) (Entered: 02/24/2017)
2017-03-107Joint MOTION for Briefing Schedule by ROBERT BENINCASA, NATIONAL PUBLIC RADIO INC. (Attachments: # 1 Text of Proposed Order)(Marshall, C.) (Entered: 03/10/2017)
2017-03-13MINUTE ORDER. Based on the representations in the parties' 7 Joint Motion for a Briefing Schedule, it is hereby ORDERED that the following briefing schedule is set for this matter: Defendants' Motion for Summary Judgment is due by 4/21/2017; Plaintiffs' Consolidated Opposition and Cross-Motion for Summary Judgment is due by 6/2/2017; Defendants' Consolidated Reply and Opposition is due by 6/30/2017; Plaintiffs' Reply is due by 7/19/2017. Signed by Judge Ketanji Brown Jackson on 3/13/2017. (lckbj3) (Entered: 03/13/2017)
2017-03-15Set/Reset Deadlines: Cross Motions due by 6/2/2017. Response to Cross Motions due by 6/30/2017. Reply to Cross Motions due by 7/19/2017. (gdf) (Entered: 03/15/2017)
2017-04-218MOTION for Summary Judgment by FEDERAL EMERGENCY MANAGEMENT AGENCY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Text of Proposed Order)(Kolsky, Joshua) (Entered: 04/21/2017)
2017-06-029Cross MOTION for Summary Judgment by ROBERT BENINCASA, NATIONAL PUBLIC RADIO INC. (Attachments: # 1 Memorandum in Support of Plaintiffs' Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment, # 2 Statement of Facts and Response to Defendants' Statement of Facts, # 3 Declaration of Robert Benincasa, # 4 Exhibit Index, # 5 Exhibit A to Declaration, # 6 Exhibit B to Declaration, # 7 Exhibit C to Declaration, # 8 Exhibit D to Declaration, # 9 Text of Proposed Order)(Marshall, C.) (Entered: 06/02/2017)
2017-06-3010REPLY to opposition to motion re 8 MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment filed by FEDERAL EMERGENCY MANAGEMENT AGENCY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Kolsky, Joshua) (Entered: 06/30/2017)
2017-06-3011Memorandum in opposition to re 9 Cross MOTION for Summary Judgment and Reply in Support of Defendants' Motion for Summary Judgment filed by FEDERAL EMERGENCY MANAGEMENT AGENCY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Kolsky, Joshua) (Entered: 06/30/2017)
2017-07-0112NOTICE of Errata by FEDERAL EMERGENCY MANAGEMENT AGENCY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY re 10 Reply to opposition to Motion, 11 Memorandum in Opposition, (Attachments: # 1 Declaration)(Kolsky, Joshua) (Entered: 07/01/2017)
2017-07-1913REPLY to opposition to motion re 9 Cross MOTION for Summary Judgment filed by ROBERT BENINCASA, NATIONAL PUBLIC RADIO INC.. (Attachments: # 1 Exhibit A)(Marshall, C.) (Entered: 07/19/2017)
2017-10-2414Case directly reassigned to Chief Judge Beryl A. Howell by consent. Judge Ketanji Brown Jackson is no longer assigned to the case. (ztnr) (Entered: 10/25/2017)
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by FOIA Project Staff