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Case TitleNational Public Radio, Inc. et al v. U.S. International Development Finance Corporation
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2020cv08307
Date Filed2020-09-10
Date ClosedOpen
JudgeJudge Otis D. Wright, II
PlaintiffNational Public Radio, Inc.
PlaintiffTom Dreisbach
Case DescriptionNational Public Radio reporter Tom Dreisbach submitted a FOIA request to U.S. International Development Finance Corporation for records concerning a loan to Eastman Kodak to manufacture drug components. Dreisbach also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency granted Dreisbach's requests for expedited processing and a fee waiver. The agency told Dreisbach that his request was being processed in the expedited queue but after hearing nothing further from the agency, Dreisbach filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit, Agency - Federal

DefendantU.S. International Development Finance Corporation
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-09-101COMPLAINT Receipt No: ACACDC-28026575 - Fee: $400, filed by Plaintiffs National Public Radio, Inc., Tom Dreisbach. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Attorney Thomas Rohlfs Burke added to party Tom Dreisbach(pty:pla), Attorney Thomas Rohlfs Burke added to party National Public Radio, Inc.(pty:pla))(Burke, Thomas) (Entered: 09/10/2020)
2020-09-102CIVIL COVER SHEET filed by Plaintiffs Tom Dreisbach, National Public Radio, Inc.. (Burke, Thomas) (Entered: 09/10/2020)
2020-09-103Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Tom Dreisbach, National Public Radio, Inc.. (Burke, Thomas) (Entered: 09/10/2020)
2020-09-104NOTICE of Interested Parties filed by Plaintiffs Tom Dreisbach, National Public Radio, Inc., (Burke, Thomas) (Entered: 09/10/2020)
2020-09-105CORPORATE DISCLOSURE STATEMENT filed by Plaintiff National Public Radio, Inc. (Burke, Thomas) (Entered: 09/10/2020)
2020-09-116NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Jacqueline Chooljian. (esa) (Entered: 09/11/2020)
2020-09-117NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) (Entered: 09/11/2020)
2020-09-11821/60 DAY Summons issued re Complaint 1 as to defendant U.S. International Development Finance Corporation. (esa) (Entered: 09/11/2020)
2020-10-149NOTICE of Appearance filed by attorney Amy Powell on behalf of Defendant U.S. International Development Finance Corporation (Attorney Amy Powell added to party U.S. International Development Finance Corporation(pty:dft))(Powell, Amy) (Entered: 10/14/2020)
2020-10-1410ANSWER to Complaint (Attorney Civil Case Opening), 1 filed by Defendant U.S. International Development Finance Corporation.(Powell, Amy) (Entered: 10/14/2020)
2020-10-1411NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) 10 by U.S. International Development Finance Corporation. The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) (Entered: 10/14/2020)
2020-10-1512MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc) (Entered: 10/15/2020)
2020-10-1513ORDER that the Scheduling Conference is set for February 8, 2021 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II (lc) (Entered: 10/15/2020)
2020-10-2814MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On October 14, 2020, Defendant U.S. International Development Finance Corporation filed its Answer to the Complaint 10 . That same day, the Clerk of Court notified Defendant that it failed to filed a Notice of Interested Parties as mandated by Local Rule 7.1-1. 11 . This required document is necessary for the Court to evaluate the potential need for recusal. The Court therefore ORDERS Market Refrigeration Specialists, Inc. to file a Notice of Interested Parties by Friday, November 6, 2020. Failure to do so will result in the Court striking its Answer to the Complaint. (lc) (Entered: 10/28/2020)
2020-10-2915NOTICE of Interested Parties filed by Defendant All Defendants, identifying None. (Powell, Amy) (Entered: 10/29/2020)
2020-10-3016NOTICE OF MOTION AND MOTION for Order for ADVANCING THE SCHEDULING CONFERENCE filed by PLAINTIFF Tom Dreisbach, National Public Radio, Inc.. Motion set for hearing on 11/30/2020 at 01:30 PM before Judge Otis D. Wright II. (Attachments: # 1 Declaration OF THOMAS R. BURKE IN SUPPORT OF MOTION TO ADVANCE SCHEDULING CONFERENCE, # 2 Proposed Order GRANTING MOTION TO ADVANCE SCHEDULING CONFERENCE) (Burke, Thomas) (Entered: 10/30/2020)
2020-11-0917MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Order for ADVANCING THE SCHEDULING CONFERENCE 16 filed by Defendant U.S. International Development Finance Corporation. (Attachments: # 1 Declaration of Eric T. Styles (with attachments), # 2 Declaration of Amy E. Powell (with Exhibit), # 3 Proposed Order)(Powell, Amy) (Entered: 11/09/2020)
2020-11-1618REPLY In Support of Plaintiffs' Motion to Advance Scheduling Conference NOTICE OF MOTION AND MOTION for Order for ADVANCING THE SCHEDULING CONFERENCE 16 filed by Plaintiffs Tom Dreisbach, National Public Radio, Inc.. (Burke, Thomas) (Entered: 11/16/2020)
2020-11-1819The hearing on the MOTION for Order for ADVANCING 16 , scheduled for November 30, 2020 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY (Entered: 11/18/2020)
2020-11-2020NOTICE of Appearance filed by attorney Sarah Burns on behalf of Plaintiffs Tom Dreisbach, National Public Radio, Inc. (Attorney Sarah Burns added to party Tom Dreisbach(pty:pla), Attorney Sarah Burns added to party National Public Radio, Inc.(pty:pla))(Burns, Sarah) (Entered: 11/20/2020)
2020-12-0121MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: ORDER GRANTING MOTION TO ADVANCE SCHEDULING CONFERENCE 16 . The Scheduling Conference shall be RESET for December 28, 2020 at 1:30 pm. The parties are reminded that Federal Rule of Civil Procedure 26(f) requires the parties to, among other things, submit a Joint Report to the Court no less than 7 days before the Scheduling Conference. (lc) (Entered: 12/01/2020)
2020-12-1622JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiffs Tom Dreisbach, National Public Radio, Inc... (Burke, Thomas) (Entered: 12/16/2020)
2020-12-1823MINUTE ORDER In Chambers by Judge Otis D. Wright, II. Pursuant to the Court's December 1, 2020 Minute Order Granting Plaintiffs' Motion to Advance the Scheduling Conference, the Scheduling Conference in this matter is set for Monday, December 28, 2020. (Min. Order, ECF No. 21.) Now, the parties represent in their Joint Rule 26(f) Report that there is no need for a scheduling conference because this action will be resolved on summary judgment if necessary, and the parties agree to propose a briefing schedule by February 15, 2021. (Joint Rule 26(f) Report, ECF No. 22 .) Having considered the parties' proposal, the Court hereby ORDERS: The Scheduling Conference set for Monday, December 28, 2020, is hereby VACATED. The parties are ORDERED to submit a joint status report on or before February 15, 2021, to propose next steps, including a schedule for briefing summary judgment motions if necessary. Failure to timely comply with this Order may result in dismissal of the action for lack of prosecution. (lom) (Entered: 12/18/2020)
2021-02-1224STATUS REPORT (Joint) filed by Defendant U.S. International Development Finance Corporation. (Powell, Amy) (Entered: 02/12/2021)
2021-02-1825MINUTE ORDER In Chambers by Judge Otis D. Wright, II. Having considered the parties' Joint Status Report (ECF No. 24 ), the Court hereby ORDERS the following summary judgment briefing schedule: April 16, 2021 - Defendant will file a motion for summary judgment and all supporting materials; May 28, 2021 Plaintiffs will file a combined opposition and cross-motion (if any); June 18, 2021 Defendant will file a combined reply and opposition (if cross-motion is filed); July 2, 2021 Plaintiffs will file a reply in support of the cross-motion (if any). When filing its motion, Defendant shall notice a hearing date for July 19, 2021, at 1:30 p.m. The Court will determine whether the hearing remains necessary upon review of the parties' briefs. IT IS SO ORDERED. (lom) (Entered: 02/18/2021)
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