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Case TitleNational Public Radio, Inc. et al v. U.S. Marines et al
DistrictNorthern District of California
CityOakland
Case Number4:2020cv02587
Date Filed2020-04-14
Date ClosedOpen
JudgeJudge Yvonne Gonzalez Rogers
PlaintiffNational Public Radio, Inc.
PlaintiffEric Westervelt
Case DescriptionNational Public Radio reporter Eric Westervelt submitted a FOIA request to the U.S. Marines Corps for records concerning the JAGMAN investigation. Westervelt also requested a fee waiver. The agency acknowledged receipt of the request. The agency told Westervelt that it could not locate any responsive records. Westervelt filed an administrative appeal which was denied. Westervelt then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantU.S. Marines
DefendantU.S. Navy
DefendantU.S. Department of Defense
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-04-151COMPLAINT for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. § 522 et seq. against U.S. Department of Defense, U.S. Marines, U.S. Navy ( Filing fee $ 400, receipt number 0971-14375915.). Filed byNational Public Radio, Inc., Eric Westervelt. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Civil Cover Sheet)(Burke, Thomas) (Filed on 4/15/2020) (Entered: 04/15/2020)
2020-04-152Case assigned to Magistrate Judge Kandis A. Westmore. 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 4/29/2020. (haS, COURT STAFF) (Filed on 4/15/2020) (Entered: 04/15/2020)
2020-04-153Proposed Summons. (Burke, Thomas) (Filed on 4/15/2020) (Entered: 04/15/2020)
2020-04-154Rule 7.1 Disclosures by National Public Radio, Inc., Eric Westervelt (Burke, Thomas) (Filed on 4/15/2020) (Entered: 04/15/2020)
2020-04-165Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/7/2020. Initial Case Management Conference set for 7/14/2020 01:30 PM. (ajsS, COURT STAFF) (Filed on 4/16/2020) (Entered: 04/16/2020)
2020-04-166Summons Issued as to U.S. Department of Defense, U.S. Marines, U.S. Navy, and U.S. Attorney General. (ajsS, COURT STAFF) (Filed on 4/16/2020) (Entered: 04/16/2020)
2020-04-297CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by National Public Radio, Inc., Eric Westervelt.. (Burke, Thomas) (Filed on 4/29/2020) (Entered: 04/29/2020)
2020-04-298CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (dtmS, COURT STAFF) (Filed on 4/29/2020) (Entered: 04/29/2020)
2020-04-309ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 4/20/2020. (Attachments: # 1 Notice of Eligibility for Video Recording)(ajsS, COURT STAFF) (Filed on 4/30/2020) (Entered: 04/30/2020)
2020-05-2110CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 6/29/2020. Initial Case Management Conference set for Monday, 7/6/2020 02:00 PM before Hon. Yvonne Gonzalez Rogers in Oakland, Courtroom 1, 4th Floor. (Attachments: # 1 Standing Order) (fs, COURT STAFF) (Filed on 5/21/2020) (Entered: 05/21/2020)
2020-05-2611ANSWER to Complaint for Declaratory and Injunctive Relief for Violation of the FOIA, 5 U.S.C. Section 552 et seq. byU.S. Department of Defense, U.S. Marines, U.S. Navy. (Reagin, Julie) (Filed on 5/26/2020) (Entered: 05/26/2020)
2020-06-1612ADR 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 6/16/2020) (Entered: 06/16/2020)
2020-06-1613ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Reagin, Julie) (Filed on 6/16/2020) (Entered: 06/16/2020)
2020-06-2214ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Burke, Thomas) (Filed on 6/22/2020) (Entered: 06/22/2020)
2020-06-2615STIPULATION WITH PROPOSED ORDER regarding Initial Case Management Conference filed by U.S. Department of Defense, U.S. Marines, U.S. Navy, National Public Radio, Inc., and Eric Westervelt. (Attachments: # 1 Declaration of Julie C. Reagin)(Reagin, Julie) (Filed on 6/26/2020) Modified on 6/29/2020 (jjbS, COURT STAFF). (Entered: 06/26/2020)
2020-06-2916ORDER [*AS MODIFIED BY THE COURT*] by Judge Yvonne Gonzalez Rogers granting 15 Stipulation re Initial Case Management Conference. The Case Management Conference currently set for 7/6/2020 is VACATED. Joint Statement due by 8/21/2020. Compliance hearing is set for 8/28/2020 09:01 AM before Judge Yvonne Gonzalez Rogers. (fs, COURT STAFF) (Filed on 6/29/2020) (Entered: 06/29/2020)
2020-08-2017JOINT STATUS REPORT Request to Continue Initial Case Management Conference and [Proposed] Order by U.S. Department of Defense, U.S. Marines, U.S. Navy., Eric Westervelt, and National Public Radio, Inc. (Reagin, Julie) (Filed on 8/20/2020) Modified on 8/21/2020 (jjbS, COURT STAFF). (Entered: 08/20/2020)
2020-08-2518CLERK'S NOTICE CONTINUING COMPLIANCE DEADLINE. In light of the filing at Dkt. no. 17, the Friday 8/28/2020 Compliance deadline is CONTINUED to Friday, 10/30/2020 at 9:01 AM. Joint Statement filed by 10/23/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 8/25/2020) (Entered: 08/25/2020)
2020-10-2019Joint Status Report and Request to Continue Case Management Conference and [Proposed] Order by U.S. Department of Defense, U.S. Marines, U.S. Navy, Eric Westervelt, and National PUblic Radio, Inc. (Reagin, Julie) (Filed on 10/20/2020) Modified on 10/21/2020 (jjbS, COURT STAFF). (Entered: 10/20/2020)
2020-10-2620CLERK'S NOTICE CONTINUING COMPLIANCE DEADLINE. Joint Statement filed by 12/11/2020. Compliance Deadline set for 10/30/2020 is CONTINUED to Friday, 12/18/2020 09:01 AM before Judge Yvonne Gonzalez Rogers. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 10/26/2020) (Entered: 10/26/2020)
2020-12-1021JOINT STATUS REPORT & Request to Continue Initial Case Management Conference & [Proposed] Order by U.S. Department of Defense, U.S. Marines, U.S. Navy, Eric Westervelt, and national Public Radio, Inc.. (Reagin, Julie) (Filed on 12/10/2020) Modified on 12/11/2020 (jjbS, COURT STAFF). (Entered: 12/10/2020)
2020-12-1522CLERK'S NOTICE CONTINUING COMPLIANCE DEADLINE. Joint Statement due by 2/5/2021. Compliance Deadline set for 12/18/2020 is CONTINUED to Friday, 2/12/2021 09:01 AM before Judge Yvonne Gonzalez Rogers. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 12/15/2020) (Entered: 12/15/2020)
2021-02-0523JOINT STATUS REPORT AND REQUEST TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER by U.S. Department of Defense, U.S. Marines, U.S. Navy, National Public Radio, Inc., Eric Westervelt. (Reagin, Julie) (Filed on 2/5/2021) Modified on 2/5/2021 (cjlS, COURT STAFF). (Entered: 02/05/2021)
2021-02-0824CLERK'S NOTICE CONTINUING COMPLIANCE DEADLINE TO 3/12/2021. Joint Statement due by 3/5/2021. Compliance Deadline set for Friday, 2/12/2021 is CONTINUED to Friday, 3/12/2021 09:01 AM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 2/8/2021) (Entered: 02/08/2021)
2021-03-0425JOINT STATUS REPORT AND REQUEST TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER by U.S. Department of Defense, U.S. Marines, U.S. Navy, National Public Radio, Inc., Eric Westervelt. (Reagin, Julie) (Filed on 3/4/2021) Modified on 3/5/2021 (cjlS, COURT STAFF). (Entered: 03/04/2021)
2021-03-0926CLERK'S NOTICE CONTINUING COMPLIANCE DEADLINE TO 4/23/2021. The Compliance deadline set for 3/12/2021 is CONTINUED to Friday, 4/23/2021 09:01 AM. Joint Status Report due by 4/16/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 3/9/2021) (Entered: 03/09/2021)
2021-04-0827NOTICE of Appearance by John Wesley Samples (Samples, John) (Filed on 4/8/2021) (Entered: 04/08/2021)
2021-04-1428Joint Stipulation to Continue Joint Status Report and Case Management Conference and [Proposed] Order filed by U.S. Department of Defense, U.S. Marines, U.S. Navy, National Public Radio, Inc., Eric Westervelt. (Attachments: # 1 Declaration of J. Wesley Samples)(Samples, John) (Filed on 4/14/2021) Modified on 4/15/2021 (cjlS, COURT STAFF). (Entered: 04/14/2021)
2021-04-2129CLERK'S NOTICE VACATING THE FRIDAY, APRIL 23, 2021 AT 9:01AM COMPLIANCE DEADLINE. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 4/21/2021) (Entered: 04/21/2021)
2021-04-2630CLERK'S NOTICE SETTING COMPLIANCE DEADLINE FOR MAY 14, 2021. Joint Statement due by 5/7/2021. Compliance Deadline is set for 5/14/2021 09:01 AM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 4/26/2021) (Entered: 04/26/2021)
2021-05-0631JOINT STATUS REPORT AND STIPULATION TO CONTINUE COMPLIANCE DEADLINE AND [PROPOSED] ORDER by U.S. Department of Defense, U.S. Marines, U.S. Navy, National Public Radio, Inc., Eric Westervelt. (Attachments: # 1 Declaration)(Samples, John) (Filed on 5/6/2021) Modified on 5/7/2021 (cjlS, COURT STAFF). (Entered: 05/06/2021)
2021-05-1032CLERK'S NOTICE CONTINUING COMPLIANCE DEADLINE. Joint Statement filed by 6/11/2021. Compliance Deadline set for 5/14/2021 is CONTINUED to Friday, 6/18/2021 09:01 AM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 5/10/2021) (Entered: 05/10/2021)
2021-06-0933JOINT STATEMENT AND STIPULATION TO CONTINUE COMPLIANCE DEADLINE AND [PROPOSED] ORDER by U.S. Department of Defense, U.S. Marines, U.S. Navy, National Public Radio, Inc., Eric Westervelt. (Attachments: # 1 Declaration)(Samples, John) (Filed on 6/9/2021) Modified on 6/10/2021 (cjlS, COURT STAFF). (Entered: 06/09/2021)
2021-06-1534ORDER [* AS AMENDED BY THE COURT*]GRANTING JOINT STIPULATION TO CONTINUE COMPLIANCE DEADLINE AND CASE MANAGEMENT CONFERENCE re 33 Status Report. Joint Statement due by 8/6/2021. Compliance Hearing set for 6/18/2021 is CONTINUED to Friday, 8/13/2021 09:01 AM. Court sets Case management Conference for 8/9/2021 at 2:00pm via Zoom. Signed by Judge Yvonne Gonzalez Rogers on 6/15/2021. (fs, COURT STAFF) (Filed on 6/15/2021) (Entered: 06/15/2021)
2021-06-15Set/Reset Hearing re 34 Order,, Set Deadlines/Hearings: Initial Case Management Conference set for 8/9/2021 02:00 PM via Zoom Webinar Videoconference. (fs, COURT STAFF) (Filed on 6/15/2021) (Entered: 06/15/2021)
2021-06-3035CLERK'S NOTICE CHANGING TIME OF THE 8/9/2021 CASE MANAGEMENT CONFERENCE TO 9:00AM. Initial Case Management Conference set for 8/9/2021 WILL BE HELD AT 09:00 AM VIA ZOOM WEBINAR Videoconference. The 2:00PM hearing time is VACATED. Zoom link information will be posted on the docket in advance of the hearing. Zoom link information is also on the Judge's page on the court website www.cand.uscourts.gov/judges/gonzalez-rogers-yvonne-ygr/ (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 6/30/2021) (Entered: 06/30/2021)
2021-07-2736MOTION for leave to appear in Pro Hac Vice Re: Caesar Kalinowski IV (Filing fee $317, receipt number 0971-16222553) filed by National Public Radio, Inc., Eric Westervelt. (Attachments: # 1 Certificate of Good Standing)(Kalinowski, Caesar) (Filed on 7/27/2021) Modified on 7/28/2021 (cjlS, COURT STAFF). (Entered: 07/27/2021)
2021-08-0637JOINT STATUS REPORT AND JOINT STIPULATED REQUEST TO STAY, AND [PROPOSED] ORDER filed by U.S. Department of Defense, U.S. Marines, U.S. Navy, National Public Radio, Inc., Eric Westervelt. (Attachments: # 1 Declaration)(Samples, John) (Filed on 8/6/2021) Modified on 8/9/2021 (cjlS, COURT STAFF). (Entered: 08/06/2021)
2021-08-0638CLERKS NOTICE SETTING ZOOM HEARING FOR THE Initial Case Management Conference set for 8/9/2021 09:00 AM VIA ZOOM WEBINAR Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/ygr Please click the link below to join webinar s (public hearings). If you are a case participant, you will join as an attendee, then you will be brought into the proceeding by court staff. https://cand-uscourts.zoomgov.com/j/1618764848?pwd=bW03Y2NvV0YrK2FQSkxoMXRxOWprQT09 Webinar ID: 161 876 4848 Password: 715550 Local telephone dial-in:US: +1 (669) 254-5252 or +1 (646) 828-7666 General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/ zoom/ . Initial Case Management Conference set for 8/9/2021 09:00 AM VIA ZOOM WEBINAR Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 8/6/2021) (Entered: 08/06/2021)
2021-08-0639ORDER by Judge Yvonne Gonzalez Rogers granting 37 Stipulation to Stay Case. The 8/9/21 Case Management Conference is VACATED. Case Stayed until 11/19/21. Joint Statement due by 11/19/2021. Compliance Hearing set for 8/13/2021 is CONTINUED to 11/26/2021 09:01 AM. (fs, COURT STAFF) (Filed on 8/6/2021) (Entered: 08/06/2021)
2021-08-2740ORDER by Judge Yvonne Gonzalez Rogers granting 36 Motion for Pro Hac Vice as to Caesar Kalinowski IV. (fs, COURT STAFF) (Filed on 8/27/2021) (Entered: 08/27/2021)
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