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Case TitleNational Public Radio, Inc. et al v. Federal Bureau of Investigation et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2019cv04126
Date Filed2019-07-17
Date ClosedOpen
JudgeMagistrate Judge Laurel Beeler
PlaintiffNational Public Radio, Inc.
PlaintiffEric Westervelt
Case DescriptionNational Public Radio reporter Eric Westervelt submitted a FOIA request to the FBI for records concerning the investigation of the 1965 attack on Rev. James Reeb of Boston, and Clark Olsen of Berkeley in Selma that resulted in Reeb's death. Westervelt also requested a fee waiver. The FBI acknowledged receipt of the request and told Westervelt it would disclose 145 pages of previously released records. Westervelt filed an administrative appeal, arguing that there were more responsive records. Graham Smith, a producer at NPR, also submitted a FOIA request to the National Archives and Records Administration for records pertaining to Selma. The agency acknowledged receipt of the request and told Smith it had located responsive records. However, after hearing nothing further from either agency, NPR filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFederal Bureau of Investigation
DefendantU.S. Department of Justice
DefendantNational Archives & Records Administration
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-07-171COMPLAINT for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. section 552 et seq. against All Defendants. Filed byNational Public Radio, Inc., Eric Westervelt. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet)(Burke, Thomas) (Filed on 7/17/2019) Filing Fee paid with receipt number 0971-13529032. Modified on 7/18/2019 (srnS, COURT STAFF). (Entered: 07/17/2019)
2019-07-172Proposed Summons. (Burke, Thomas) (Filed on 7/17/2019) (Entered: 07/17/2019)
2019-07-183Case assigned to Magistrate Judge Laurel Beeler. 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 8/1/2019. (srnS, COURT STAFF) (Filed on 7/18/2019) (Entered: 07/18/2019)
2019-07-184Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/10/2019. Initial Case Management Conference set for 10/17/2019 11:00 AM in San Francisco, Courtroom B, 15th Floor. (fabS, COURT STAFF) (Filed on 7/18/2019) (Entered: 07/18/2019)
2019-07-185Summons Issued as to Federal Bureau of Investigation, National Archives & Records Administration, U.S. Department of Justice, U.S. Attorney and U.S. Attorney General (fabS, COURT STAFF) (Filed on 7/18/2019) (Entered: 07/18/2019)
2019-08-016NOTICE of Appearance by Emmet P. Ong (Ong, Emmet) (Filed on 8/1/2019) (Entered: 08/01/2019)
2019-08-017AFFIDAVIT of Service for Summons & Complaint, Etc. served on U.S. Department of Justice - Washington D.C. on 07/19/2019, filed by National Public Radio, Inc., Eric Westervelt. (Burke, Thomas) (Filed on 8/1/2019) (Entered: 08/01/2019)
2019-08-018AFFIDAVIT of Service for Summons & Complaint, Etc. served on U.S. Department of Justice - San Francisco, CA on 07/19/2019, filed by National Public Radio, Inc., Eric Westervelt. (Burke, Thomas) (Filed on 8/1/2019) (Entered: 08/01/2019)
2019-08-019AFFIDAVIT of Service for Summons & Complaint, Etc. served on Federal Bureau of Investigation - Washington D.C. on 07/19/2019, filed by National Public Radio, Inc., Eric Westervelt. (Burke, Thomas) (Filed on 8/1/2019) (Entered: 08/01/2019)
2019-08-0110AFFIDAVIT of Service for Summons & Complaint, Etc. served on Federal Bureau of Investigation - San Francisco, CA on 07/19/2019, filed by National Public Radio, Inc., Eric Westervelt. (Burke, Thomas) (Filed on 8/1/2019) (Entered: 08/01/2019)
2019-08-0111AFFIDAVIT of Service for Summons & Complaint, Etc. served on National Archives & Records Administration - Washington D.C. on 07/23/2019, filed by National Public Radio, Inc., Eric Westervelt. (Burke, Thomas) (Filed on 8/1/2019) (Entered: 08/01/2019)
2019-08-0112AFFIDAVIT of Service for Summons & Complaint, Etc. served on National Archives & Records Administration - College Park, MD on 07/29/2019, filed by National Public Radio, Inc., Eric Westervelt. (Burke, Thomas) (Filed on 8/1/2019) (Entered: 08/01/2019)
2019-08-0113CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants 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 8/15/2019 . (ejkS, COURT STAFF) (Filed on 8/1/2019) (Entered: 08/01/2019)
2019-08-0114CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by National Public Radio, Inc., Eric Westervelt.. (Burke, Thomas) (Filed on 8/1/2019) (Entered: 08/01/2019)
2019-08-1415CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Federal Bureau of Investigation, National Archives & Records Administration, U.S. Department of Justice.. (Ong, Emmet) (Filed on 8/14/2019) (Entered: 08/14/2019)
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by FOIA Project Staff
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