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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
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)
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