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Case TitleNational Public Radio, Inc. et al v. United States Transportation Security Administration
DistrictEastern District of Virginia
CityAlexandria
Case Number1:2020cv00556
Date Filed2020-05-15
Date ClosedOpen
JudgeDistrict Judge Claude M. Hilton
PlaintiffNational Public Radio, Inc.
PlaintiffTim Mak
Case DescriptionNational Public Radio reporter Tim Mak submitted a FOIA request to the Transportation Security Administration for records concerning communications between senior officials and other pertaining to the corona virus. The agency acknowledged receipt of the request and asked Mak to clarify the scope of the request. Mak did so, but after hearing nothing further from the agency, Mak and NPR filed suit.
Complaint issues: Failure to respond within statutory time limit, Choice of format, Litigation - Attorney's fees

DefendantUnited States Transportation Security Administration
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-05-151Complaint against United States Transportation Security Administration ( Filing fee $ 400, receipt number 0422-7205958.), filed by National Public Radio, Inc., Tim Mak. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet)(Kelley, Matthew) Modified text on 5/15/2020 (klau, ). (Entered: 05/15/2020)
2020-05-152Proposed Summons re 1 Complaint by Tim Mak, National Public Radio, Inc.. (Kelley, Matthew) (Entered: 05/15/2020)
2020-05-153Proposed Summons re 1 Complaint by Tim Mak, National Public Radio, Inc.. (Kelley, Matthew) (Entered: 05/15/2020)
2020-05-154Proposed Summons re 1 Complaint by Tim Mak, National Public Radio, Inc.. (Kelley, Matthew) (Entered: 05/15/2020)
2020-05-155Corporate Disclosure Statement by National Public Radio, Inc.. (Kelley, Matthew) (Entered: 05/15/2020)
2020-05-15Initial Case Assignment to District Judge Claude M. Hilton and Magistrate Judge Michael S. Nachmanoff. (klau, ) (Entered: 05/15/2020)
2020-05-156Summons Issued for service by SPS as to United States Transportation Security Administration, U.S. Attorney and U.S. Attorney General NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: # 1 Notice)(klau, ) (Entered: 05/15/2020)
2020-06-157Consent MOTION for Extension of Time to File Answer re 1 Complaint, by United States Transportation Security Administration. (Attachments: # 1 Proposed Order)(Mezger, Matthew) (Entered: 06/15/2020)
2020-06-168ORDER granting 7 Motion for Extension of Time to Answer - United States Transportation Security Administration answer due 7/15/2020. Signed by Magistrate Judge Michael S. Nachmanoff on 06/16/20. (cmar, ) (Entered: 06/16/2020)
2020-07-159ANSWER to Complaint by United States Transportation Security Administration.(Mezger, Matthew) (Entered: 07/15/2020)
2020-10-2210SCHEDULING ORDER: Initial Pretrial Conference set for 11/18/2020 at 11:00 AM in Alexandria Courtroom 400 before Magistrate Judge Michael S. Nachmanoff. Discovery due by 2/12/2021. Final Pretrial Conference set for 2/18/2021 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. Signed by District Judge Claude M. Hilton on 10/22/2020. (Attachments: # 1 Magistrate Consent Form, # 2 Pretrial Notice) (tran) Modified on 11/12/2020 VACATED per order dated 11/12/20 (klau, ). (Entered: 10/22/2020)
2020-11-1011MOTION to Vacate 10 Scheduling Order, (Unopposed) by United States Transportation Security Administration. (Attachments: # 1 Proposed Order)(Mezger, Matthew) (Entered: 11/10/2020)
2020-11-1012Waiver of re 11 MOTION to Vacate 10 Scheduling Order, (Unopposed) (Hearing) by United States Transportation Security Administration (Mezger, Matthew) (Entered: 11/10/2020)
2020-11-1113MOTION to Set Production Schedule by Tim Mak, National Public Radio, Inc.. (Attachments: # 1 Proposed Order)(Kelley, Matthew) (Entered: 11/11/2020)
2020-11-1114Notice of Hearing Date set for 12/04/2020 re 13 MOTION to Set Production Schedule (Kelley, Matthew) (Entered: 11/11/2020)
2020-11-12Set Deadlines as to 13 MOTION to Set Production Schedule . Motion Hearing set for 12/4/2020 at 10:00 AM in Alexandria Courtroom 400 before Magistrate Judge Michael S. Nachmanoff. (clar, ) (Entered: 11/12/2020)
2020-11-12MOTIONS REFERRED to Magistrate Judge: Nachmanoff. 13 MOTION to Set Production Schedule (clar, ) (Entered: 11/12/2020)
2020-11-1215ORDER granting 11 Motion to Vacate. ORDERED that the Court's Scheduling Order dated October 22, 2020 (Dkt. 10) is vacated. Signed by Magistrate Judge Michael S. Nachmanoff on 11/12/20. (klau, ) (Entered: 11/12/2020)
2020-11-2516Memorandum in Opposition re 13 MOTION to Set Production Schedule filed by United States Transportation Security Administration. (Attachments: # 1 Exhibit DEX 1, # 2 Exhibit DEX 2)(Mezger, Matthew) (Entered: 11/25/2020)
2020-12-0117REPLY to Response to Motion re 13 MOTION to Set Production Schedule filed by Tim Mak, National Public Radio, Inc.. (Kelley, Matthew) (Entered: 12/01/2020)
2020-12-0218Motion to appear Pro Hac Vice by David Jeremy Bodney and Certification of Local Counsel Matthew Edward Kelley Filing fee $ 75, receipt number 0422-7523805. by Tim Mak, National Public Radio, Inc.. (Kelley, Matthew) (Entered: 12/02/2020)
2020-12-0419Minute Entry for proceedings held before Magistrate Judge Michael S. Nachmanoff: Motion Hearing held on 12/4/2020 re 13 MOTION to Set Production Schedule filed by National Public Radio, Inc., Tim Mak. Appearances of Counsel. Motion argued and GRANTED in part. Order to follow. (Tape #FTR.)(lcre, ) (Entered: 12/04/2020)
2020-12-0420ORDER, for the reasons stated in open court, granting in part and denying in part 13 Motion to Set Production Schedule. ORDERED that Defendant United States Transportation Security Administration shall complete production of the non-exempt portions of responsive records at issue in this litigation by January 29, 2021 at a reasonable rate of production as set forth from the bench. Signed by Magistrate Judge Michael S. Nachmanoff on 12/4/2020. (lcre, ) (Entered: 12/04/2020)
2020-12-0421ORDER Granting 18 Motion for Pro hac vice for David Jeremy Bodney. Signed by District Judge Claude M. Hilton on 12/04/2020. (choy, ) (Entered: 12/04/2020)
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by FOIA Project Staff
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