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Case TitleNational Public Radio et al v. United States Department of Labor et al
DistrictDistrict of Utah
CityCentral
Case Number2:2018cv00723
Date Filed2018-09-13
Date ClosedOpen
JudgeJudge Robert J. Shelby
PlaintiffNational Public Radio
PlaintiffHoward Berkes
Case DescriptionNational Public Radio reporter Howard Berkes submitted two FOIA requests to the Mine Safety and Health Administration. Berkes' first FOIA request was for a monthly report known as DebtByAge, which provides the latest accounting of final mine safety penalties assessed by the agency by delinquent for non-payment. The agency acknowledged receipt of the request but told Berkes that unusual circumstances applied. Berkes' second FOIA request was for a quarterly summation of employee hours and coal production for each calendar year from 1986 through 1999. The agency claimed that unusual circumstances applied to this request as well. After hearing nothing further concerning either request, Berkes and NPR filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantUnited States Department of Labor
DefendantMine Safety and Health Administration
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-09-131Case has been indexed and assigned to Judge Robert J. Shelby. Plaintiffs Howard Berkes, National Public Radio is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day. NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (tlh) (Entered: 09/13/2018)
2018-09-132COMPLAINT against Mine Safety and Health Administration, United States Department of Labor (Filing fee $ 400, receipt number 1088-3102544) filed by National Public Radio, Howard Berkes. (Attachments: # 1 Exhibit 1 - Request A, # 2 Exhibit 2 - Charboneau Letter, # 3 Exhibit 3 - Administrative Appeal, # 4 Exhibit 4 - Request B, # 5 Exhibit 5 - Hafeez Letter, # 6 Exhibit 6 - Second Administrative Appeal, # 7 Civil Cover Sheet for New Case) Assigned to Judge Robert J. Shelby (Gaylord, Mark) (Entered: 09/13/2018)
2018-09-133**RESTRICTED DOCUMENT** Summons Issued Electronically as to United States Department of Labor. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (tlh) (Entered: 09/13/2018)
2018-09-134**RESTRICTED DOCUMENT** Summons Issued Electronically as to Mine Safety and Health Administration. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (tlh) (Entered: 09/13/2018)
2018-09-135NOTICE OF REQUIREMENTS for appearance phv mailed to attorney David J. Bodney, for Plaintiffs Howard Berkes and National Public Radio. (tlh) (Entered: 09/13/2018)
2018-09-146**RESTRICTED DOCUMENT** Summons Issued Electronically as to Mine Safety and Health Administration. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (nl) (Entered: 09/14/2018)
2018-09-147**RESTRICTED DOCUMENT** Summons Issued Electronically as to United States Department of Labor. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (nl) (Entered: 09/14/2018)
2018-09-14ANSWER DEADLINE UPDATED for Mine Safety and Health Administration answer due 10/14/2018 per 12 Return of Service; United States Department of Labor answer due 10/14/2018 per 13 Return of Service. (rks) (Entered: 09/21/2018)
2018-09-198MOTION for Admission Pro Hac Vice of David Jeremy Bodney , Registration fee $ 250, receipt number 1088-3106721, filed by Plaintiffs Howard Berkes, National Public Radio. (Attachments: # 1 Exhibit A - Application for Pro Hac Vice Admission, # 2 Exhibit B - CM/ECF Form, # 3 Text of Proposed Order Granting Pro Hac Vice Admission)(Gaylord, Mark) (Entered: 09/19/2018)
2018-09-199MOTION for Admission Pro Hac Vice of Matthew E. Kelley , Registration fee $ 250, receipt number 1088-3106749, filed by Plaintiffs Howard Berkes, National Public Radio. (Attachments: # 1 Exhibit A - Application for Pro Hac Vice Admission, # 2 Exhibit B - CM/ECF Form, # 3 Text of Proposed Order Granting Motion for Pro Hac Vice Admission)(Gaylord, Mark) (Entered: 09/19/2018)
2018-09-1910ORDER granting 8 Motion for Admission Pro Hac Vice of David Jeremy Bodney for Howard Berkes,David Jeremy Bodney for National Public Radio. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Robert J. Shelby on 9/19/18. (dla) (Entered: 09/19/2018)
2018-09-1911ORDER granting 9 Motion for Admission Pro Hac Vice of Matthew E. Kelley for Howard Berkes,Matthew E. Kelley for National Public Radio. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Robert J. Shelby on 9/19/18. (dla) (Entered: 09/19/2018)
2018-09-2012**RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Complaint served on Mine Safety and Heath Administration c/o US Attorney John Huber on 09/14/2018, filed by Plaintiffs Howard Berkes, National Public Radio. (Gaylord, Mark) (Entered: 09/20/2018)
2018-09-2013**RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Complaint served on US Department of Labor c/o US Attorney John Huber on 09/14/2018, filed by Plaintiffs Howard Berkes, National Public Radio. (Gaylord, Mark) (Entered: 09/20/2018)
2018-10-0114ORDER REFERRING CASE to Magistrate Judge Evelyn J. Furse under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Robert J. Shelby on 10/1/2018. (mjm) (Entered: 10/01/2018)
2018-10-1315Stipulated MOTION for Extension of Time to File Answer re 2 Complaint,, and Memorandum in Support filed by Defendants Mine Safety and Health Administration, United States Department of Labor. Motions referred to Evelyn J. Furse. Attorney Amanda A. Berndt added to party Mine Safety and Health Administration(pty:dft), Attorney Amanda A. Berndt added to party United States Department of Labor(pty:dft)(Berndt, Amanda) (Entered: 10/13/2018)
2018-10-1516ORDER granting 15 Motion for Extension of Time to Answer re 2 Complaint. Answer deadline updated for Mine Safety and Health Administration answer due 11/5/2018; United States Department of Labor answer due 11/5/2018. Signed by Judge Robert J. Shelby on 10/15/2018. (las) (Entered: 10/15/2018)
2018-10-2217ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen (14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Evelyn J. Furse on 10/22/18. (dla) (Entered: 10/22/2018)
2018-11-0218Stipulated MOTION for Extension of Time to File Answer re 2 Complaint,, and Memorandum in Support filed by Defendants Mine Safety and Health Administration, United States Department of Labor. Motions referred to Evelyn J. Furse.(Berndt, Amanda) (Entered: 11/02/2018)
2018-11-0519DOCKET TEXT ORDER GRANTING 18 Motion for Extension of Time to Answer. For good cause appearing, the Court extends the deadline for Defendants Mine Safety and Health Administration and United States Department of Labor to answer or otherwise respond to the Complaint. Answer deadline updated for Mine Safety and Health Administration answer due 12/5/2018; United States Department of Labor answer due 12/5/2018. Signed by Magistrate Judge Evelyn J. Furse on 11/5/2018. No attached document. (nas) (Entered: 11/05/2018)
2018-12-0420Stipulated MOTION for Extension of Time to File Answer and Memorandum in Support filed by Defendants Mine Safety and Health Administration, United States Department of Labor. Motions referred to Evelyn J. Furse.(Berndt, Amanda) (Entered: 12/04/2018)
2018-12-0421DOCKET TEXT ORDER GRANTING 20 Motion for Extension of Time to Answer. For good cause appearing, the Court extends the deadline for Defendants Mine Safety and Health Administration and United States Department of Labor to answer or otherwise respond to the Complaint. Answer deadline updated for Mine Safety and Health Administration answer due 12/19/2018; United States Department of Labor answer due 12/19/2018. Signed by Magistrate Judge Evelyn J. Furse on 12/4/2018. No attached document. (nas) (Entered: 12/04/2018)
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by FOIA Project Staff
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