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Case TitleNational Public Radio, Inc. et al v. United States Department of Veterans Affairs
DistrictNorthern District of California
CityOakland
Case Number4:2018cv05772
Date Filed2018-09-20
Date ClosedOpen
JudgeMagistrate Judge Donna M. Ryu
PlaintiffNational Public Radio, Inc.
PlaintiffEric Westervelt
Case DescriptionNational Public Radio reporter Eric Westervelt submitted a FOIA request to the Department of Veterans Affairs for records concerning whistleblower complaints and investigations. Westervelt also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Westervelt filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Veterans Affairs
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [59]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-09-201COMPLAINT for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. section 552 et seq., against United States Department of Veterans Affairs. (Filing fee $400 receipt number 0971-12697137). Filed by National Public Radio, Inc., Eric Westervelt. (Attachments: # 1 Exhibit A to FOIA Complaint, # 2 Exhibit B to FOIA Complaint, # 3 Civil Cover Sheet)(Burke, Thomas) (Filed on 9/20/2018) Modified on 9/21/2018 (jmlS, COURT STAFF). (Entered: 09/20/2018)
2018-09-202Proposed Summons. (Burke, Thomas) (Filed on 9/20/2018) (Entered: 09/20/2018)
2018-09-213Case assigned to Magistrate Judge Donna M. Ryu. 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. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/5/2018. (jmlS, COURT STAFF) (Filed on 9/21/2018) (Entered: 09/21/2018)
2018-09-214Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/12/2018. Initial Case Management Conference set for 12/19/2018 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jjbS, COURT STAFF) (Filed on 9/21/2018) (Entered: 09/21/2018)
2018-09-215Summons Issued as to United States Department of Veterans Affairs. (jjbS, COURT STAFF) (Filed on 9/21/2018) (Entered: 09/21/2018)
2018-10-096CLERK'S NOTICE TO PLAINTIFFS Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 10/23/2018. (ig, COURT STAFF) (Filed on 10/9/2018) (Entered: 10/09/2018)
2018-10-247NOTICE of Appearance by Adrienne Zack (Zack, Adrienne) (Filed on 10/24/2018) (Entered: 10/24/2018)
2018-10-248ANSWER to 1 Complaint by United States Department of Veterans Affairs. (Zack, Adrienne) (Filed on 10/24/2018) Modified on 10/25/2018 (jjbS, COURT STAFF). (Entered: 10/24/2018)
2018-10-249CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Department of Veterans Affairs.. (Zack, Adrienne) (Filed on 10/24/2018) (Entered: 10/24/2018)
2018-10-3010CLERK'S SECOND NOTICE TO PLAINTIFFS Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 11/13/2018. (dtmS, COURT STAFF) (Filed on 10/30/2018) (Entered: 10/30/2018)
2018-11-0111CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by National Public Radio, Inc., Eric Westervelt.. (Burke, Thomas) (Filed on 11/1/2018) (Entered: 11/01/2018)
2018-11-3012ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cmf, COURT STAFF) (Filed on 11/30/2018) (Entered: 11/30/2018)
2018-11-3013STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by United States Department of Veterans Affairs, National Public Radio, Inc., and Eric Westervelt. (Attachments: # 1 Declaration of Adrienne Zack)(Zack, Adrienne) (Filed on 11/30/2018) Modified on 12/3/2018 (jjbS, COURT STAFF). (Entered: 11/30/2018)
2018-12-0314ORDER by Magistrate Judge Donna M. Ryu granting 13 Stipulation to continue: Joint Case Management Statement due by 2/13/2019. Initial Case Management Conference continued to 2/20/2019 01:30 PM. (ig, COURT STAFF) (Filed on 12/3/2018) (Entered: 12/03/2018)
2019-01-2215ADMINISTRATIVE MOTION to Stay Case Management Conference and Related Deadlines (Unopposed) filed by United States Department of Veterans Affairs. Responses due by 1/28/2019. (Attachments: # 1 Declaration, # 2 Proposed Order)(Zack, Adrienne) (Filed on 1/22/2019) (Entered: 01/22/2019)
2019-01-2516ORDER BY MAGISTRATE JUDGE DONNA M. RYU GRANTING DEFENDANT'S 15 ADMINISTRATIVE MOTION TO STAY CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES. (ig, COURT STAFF) (Filed on 1/25/2019) (Entered: 01/25/2019)
2019-02-1317ORDER: The stay of this matter is hereby lifted. By 2/21/2019, the parties shall submit a stipulation regarding a new case management schedule. Signed by Magistrate Judge Donna M. Ryu on 2/13/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1, COURT STAFF) (Filed on 2/13/2019) (Entered: 02/13/2019)
2019-02-1518STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by United States Department of Veterans Affairs, Eric Westervelt, and National Public Radio, Inc. (Attachments: # 1 Declaration)(Zack, Adrienne) (Filed on 2/15/2019) Modified on 2/19/2019 (jjbS, COURT STAFF). (Entered: 02/15/2019)
2019-02-1919ORDER by Magistrate Judge Donna M. Ryu granting 18 Stipulation to Continue: Joint Case Management Statement due by 4/24/2019. Initial Case Management Conference continued to 5/1/2019 01:30 PM. (ig, COURT STAFF) (Filed on 2/19/2019) (Entered: 02/19/2019)
2019-04-0920NOTICE of Appearance by Selina Jessie MacLaren (MacLaren, Selina) (Filed on 4/9/2019) (Entered: 04/09/2019)
2019-04-0921STIPULATION WITH PROPOSED ORDER to Advance Case Management Conference< filed by United States Department of Veterans Affairs, Eric Westervelt and National Public Radio, Inc. (Attachments: # 1 Declaration)(Zack, Adrienne) (Filed on 4/9/2019) Modified on 4/10/2019 (ajsS, COURT STAFF). (Entered: 04/09/2019)
2019-04-1022Order by Magistrate Judge Donna M. Ryu granting 21 Stipulation to Advance Initial Case Management Conference. Initial Case Management Conference set for 4/17/2019 at 1:30 PM in Oakland, Courtroom 4, 3rd Floor. The parties' joint Case Management Statement is due by 4/11/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1, COURT STAFF) (Filed on 4/10/2019) (Entered: 04/10/2019)
2019-04-1123JOINT CASE MANAGEMENT STATEMENT filed by United States Department of Veterans Affairs, Eric Westervelt and National Public Radio, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Zack, Adrienne) (Filed on 4/11/2019) Modified on 4/12/2019 (ajsS, COURT STAFF). (Entered: 04/11/2019)
2019-04-1124ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Zack, Adrienne) (Filed on 4/11/2019) (Entered: 04/11/2019)
2019-04-1725PDF with attached Audio File. Court Date & Time [ 4/17/2019 1:33:39 PM ]. File Size [ 5568 KB ]. Run Time [ 00:11:36 ]. (courtspeak). (Entered: 04/17/2019)
2019-04-1726Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Initial Case Management Conference held on 4/17/2019. By 5/10/2019, Defendant shall complete its production. By 6/21/2019, Defendant shall produce a final Vaughn index. Updated Joint Case Management Statement due by 7/24/2019. Further Case Management Conference set for 7/31/2019 01:30 PM. FTR Time: Civil Conference Minute Order. Attachment: Civil Conferece Minute Order. (ig, COURT STAFF) (Date Filed: 4/17/2019) (Entered: 04/18/2019)
2019-05-0627STIPULATION WITH PROPOSED ORDER re 26 to Extend Production Deadline filed by United States Department of Veterans Affairs, Eric Westervelt and National Public Radio, Inc. (Attachments: # 1 Declaration)(Zack, Adrienne) (Filed on 5/6/2019) Modified on 5/7/2019 (ajsS, COURT STAFF). (Entered: 05/06/2019)
2019-05-0728ORDER by Magistrate Judge Donna M. Ryu granting 27 Stipulation: Defendant's production deadline is extended from 5/10/2019 to 5/15/2019. (ig, COURT STAFF) (Filed on 5/7/2019) (Entered: 05/07/2019)
2019-07-2429UPDATED JOINT CASE MANAGEMENT STATEMENT filed by United States Department of Veterans Affairs, Eric Westervelt and National Public Radio, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Zack, Adrienne) (Filed on 7/24/2019) Modified on 7/25/2019 (ajsS, COURT STAFF). (Entered: 07/24/2019)
2019-07-3130PDF with attached Audio File. Court Date & Time [ 7/31/2019 2:53:55 PM ]. File Size [ 11064 KB ]. Run Time [ 00:23:03 ]. (courtspeak). (Entered: 07/31/2019)
2019-07-3131Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further Case Management Conference held on 7/31/2019. See minute order for all particulars. Updated Joint Case Management Statement due by 11/27/2019. Further Case Management Conference set for 12/4/2019 01:30 PM. FTR Time: 2:53-3:16. Attachment: Civil Conferece Minute Order. (ig, COURT STAFF) (Date Filed: 7/31/2019) (Entered: 08/02/2019)
2019-08-0732MOTION for Extension of Time to File or Produce Responsive Materials filed by United States Department of Veterans Affairs. (Attachments: # 1 Declaration, # 2 Proposed Order)(Zack, Adrienne) (Filed on 8/7/2019) Modified on 8/8/2019 (ajsS, COURT STAFF). (Entered: 08/07/2019)
2019-08-1433Order: Defendant filed a 32 Motion to Extend Production Deadline, which the court is treating as a motion for administrative relief pursuant to Civil Local Rule 7-11. Having received no opposition to the motion, the motion is granted as unopposed. Signed by Magistrate Judge Donna M. Ryu on 8/14/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1, COURT STAFF) (Filed on 8/14/2019) (Entered: 08/14/2019)
2019-09-2734MOTION for Extension of Time to File Production Schedule filed by United States Department of Veterans Affairs. (Attachments: # 1 Proposed Order)(Zack, Adrienne) (Filed on 9/27/2019) (Entered: 09/27/2019)
2019-09-2735Declaration of Adrienne Zack in Support of 34 MOTION for Extension of Time to File Production Schedule filed byUnited States Department of Veterans Affairs. (Attachments: # 1 Exhibit 1)(Related document(s) 34 ) (Zack, Adrienne) (Filed on 9/27/2019) (Entered: 09/27/2019)
2019-09-3036OPPOSITION/RESPONSE (re 34 MOTION for Extension of Time to File Production Schedule ) to Motion to Extend Deadline to Submit Production Schedule filed byNational Public Radio, Inc., Eric Westervelt. (Burke, Thomas) (Filed on 9/30/2019) (Entered: 09/30/2019)
2019-09-3037Declaration of Thomas R. Burke in Support of 36 Opposition/Response to Motion, to Extend Deadline to Submit Production Schedule filed byNational Public Radio, Inc., Eric Westervelt. (Related document(s) 36 ) (Burke, Thomas) (Filed on 9/30/2019) (Entered: 09/30/2019)
2019-09-3038Proposed Order re 36 Opposition/Response to Motion, 37 Declaration in Support, Plaintiff's Opposition to Defendant's Motion to Extend Deadline by National Public Radio, Inc., Eric Westervelt. (Burke, Thomas) (Filed on 9/30/2019) (Entered: 09/30/2019)
2019-10-0439Order by Magistrate Judge Donna M. Ryu granting in part 34 Motion for Extension of Time to Submit Production Schedule. Signed on 10/4/2019.(dmrlc1, COURT STAFF) (Filed on 10/4/2019) (Entered: 10/04/2019)
2019-11-0140Proposals for Production Schedule by United States Department of Veterans Affairs. (Attachments: # 1 Declaration)(Zack, Adrienne) (Filed on 11/1/2019) Modified on 11/4/2019 (jmlS, COURT STAFF). (Entered: 11/01/2019)
2019-11-2741Updated JOINT CASE MANAGEMENT STATEMENT filed by United States Department of Veterans Affairs, National Public Radio, Inc. and Eric Westervelt. (Zack, Adrienne) (Filed on 11/27/2019) Modified on 11/27/2019 (jmlS, COURT STAFF). (Entered: 11/27/2019)
2019-12-0442PDF with attached Audio File. Court Date & Time [ 12/4/2019 1:53:10 PM ]. File Size [ 7344 KB ]. Run Time [ 00:15:18 ]. (courtspeak). (Entered: 12/04/2019)
2019-12-0443Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further Case Management Conference held on 12/4/2019. See minute Order for all particulars. Updated Joint Case Management Statement due by 4/8/2020. Further Case Management Conference set for 4/15/2020 01:30 PM. FTR Time: 1:53-2:08. Attachment: Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 12/4/2019) (Entered: 12/06/2019)
2019-12-1144Motion for Order re clarification of scope of FOIA request re Wiggins emails re 40 Status Report filed by National Public Radio, Inc., Eric Westervelt. (Related document(s) 40 ) (Burke, Thomas) (Filed on 12/11/2019) Modified on 12/11/2019 (jmlS, COURT STAFF). (Entered: 12/11/2019)
2019-12-11Electronic filing error . Incorrect event used. [err101] The correct event is Motion. Corrected by Clerk's Office. No further action is necessary. Re: 44 Supplement al Brief filed by National Public Radio, Inc., Eric Westervelt (jmlS, COURT STAFF) (Filed on 12/11/2019) (Entered: 12/11/2019)
2019-12-1845OPPOSITION/RESPONSE (re 44 MOTION ) filed byUnited States Department of Veterans Affairs. (Zack, Adrienne) (Filed on 12/18/2019) (Entered: 12/18/2019)
2019-12-2046REPLY (re 44 MOTION ) for Court Order Clarifying That Scope of FOIA Request Includes Leslie Wiggins' Emails filed byNational Public Radio, Inc., Eric Westervelt. (Burke, Thomas) (Filed on 12/20/2019) (Entered: 12/20/2019)
2019-12-2647ADMINISTRATIVE MOTION for Clarification of Order regarding Production of Documents re 43 Terminate Deadlines and Hearings,, Case Management Conference - Further,, Set Deadlines/Hearings, filed by United States Department of Veterans Affairs. Responses due by 12/30/2019. (Attachments: # 1 Declaration, # 2 Proposed Order)(Zack, Adrienne) (Filed on 12/26/2019) (Entered: 12/26/2019)
2019-12-3048OPPOSITION/RESPONSE (re 47 ADMINISTRATIVE MOTION for Clarification of Order regarding Production of Documents re 43 Terminate Deadlines and Hearings,, Case Management Conference - Further,, Set Deadlines/Hearings, ) filed byNational Public Radio, Inc., Eric Westervelt. (Attachments: # 1 Proposed Order)(Burke, Thomas) (Filed on 12/30/2019) (Entered: 12/30/2019)
2020-01-0249Order by Magistrate Judge Donna M. Ryu denying 47 Defendant's Administrative Motion for Clarification of 12/4/2019 Order. Signed on 1/2/2020.(dmrlc1, COURT STAFF) (Filed on 1/2/2020) (Entered: 01/02/2020)
2020-02-0550MOTION for Order to Show Cause Re: Contempt of Court's 12/4/19 Order filed by National Public Radio, Inc., Eric Westervelt. Motion Hearing set for 3/26/2020 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 2/19/2020. Replies due by 2/26/2020. (Attachments: # 1 Declaration of Thomas Burke In Support of Motion for Order to Show Cause, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Proposed Order)(Burke, Thomas) (Filed on 2/5/2020) (Entered: 02/05/2020)
2020-02-0551ADMINISTRATIVE MOTION to advance hearing on Motion for Order to Show Cause re Contempt of Court's 12/4/19 Order re 50 MOTION for Order to Show Cause Re: Contempt of Court's 12/4/19 Order filed by National Public Radio, Inc., Eric Westervelt. Responses due by 2/10/2020. (Attachments: # 1 Declaration of Thomas Burke ISO Administrative Motion, # 2 Proposed Order)(Burke, Thomas) (Filed on 2/5/2020) (Entered: 02/05/2020)
2020-02-1052OPPOSITION/RESPONSE (re 51 ADMINISTRATIVE MOTION to advance hearing on Motion for Order to Show Cause re Contempt of Court's 12/4/19 Order re 50 MOTION for Order to Show Cause Re: Contempt of Court's 12/4/19 Order ) filed byUnited States Department of Veterans Affairs. (Attachments: # 1 Declaration, # 2 Proposed Order)(Zack, Adrienne) (Filed on 2/10/2020) (Entered: 02/10/2020)
2020-02-1453Order by Magistrate Judge Donna M. Ryu denying 51 Plaintiff's Administrative Motion to Advance Hearing on Motion for Order to Show Cause re: Contempt. Signed on 2/14/2020.(dmrlc1, COURT STAFF) (Filed on 2/14/2020) (Entered: 02/14/2020)
2020-02-1954OPPOSITION/RESPONSE (re 50 MOTION for Order to Show Cause Re: Contempt of Court's 12/4/19 Order ) filed byUnited States Department of Veterans Affairs. (Attachments: # 1 Declaration of Mr. Chernenko, # 2 Declaration of Ms. Zack, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C)(Zack, Adrienne) (Filed on 2/19/2020) (Entered: 02/19/2020)
2020-02-2655REPLY (re 50 MOTION for Order to Show Cause Re: Contempt of Court's 12/4/19 Order ) filed byNational Public Radio, Inc., Eric Westervelt. (Burke, Thomas) (Filed on 2/26/2020) (Entered: 02/26/2020)
2020-03-1656CLERK'S NOTICE: In light of the current public health emergency caused by coronavirus disease (COVID-19), the court issues the following Notice with the aim of balancing public health and safety concerns, including minimizing the risk of exposure, with the need for scheduling certainty and having civil matters proceed regularly. If the court does not determine that the motion is suitable for determination without a hearing pursuant to Civil Local Rule 7-1(b), the 3/26/2020 01:00 PM hearing will be conducted telephonically through CourtCall. No request for telephonic appearance is required. The parties shall follow the CourtCall protocol set forth in the Notice re: Telephonic Appearance Procedures for Magistrate Judge Donna M. Ryu, available on the court's website. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 3/16/2020) (Entered: 03/16/2020)
2020-03-1857CLERK'S NOTICE: The hearing on Plaintiffs' Motion for Order to Show Cause scheduled for 3/26/2020 01:00 PM is VACATED pursuant to General Order 72. If the court determines that a hearing is necessary, a telephonic hearing will be scheduled. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 3/18/2020) Modified on 3/18/2020 (ig, COURT STAFF). (Entered: 03/18/2020)
2020-04-0858JOINT CASE MANAGEMENT STATEMENT filed by United States Department of Veterans Affairs, National Public Radio, Inc. and Eric Westervelt. (Zack, Adrienne) (Filed on 4/8/2020) Modified on 4/9/2020 (jmlS, COURT STAFF). (Entered: 04/08/2020)
2020-04-1359ORDER by Magistrate Judge Donna M. Ryu granting 44 Plaintiffs' Motion for Clarification; denying 50 Plaintiffs' Motion for Order to Show Cause. Further Case Management Conference CONTINUED to 7/15/2020 at 1:30 PM. Updated Case Management Statement due by 7/8/2020. Signed on 4/13/2020.(dmrlc1, COURT STAFF) (Filed on 4/13/2020) (Entered: 04/13/2020)
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