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Case TitleByrne v. National Security Agency et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2020cv08433
Date Filed2020-11-30
Date ClosedOpen
JudgeJudge Charles R. Breyer
PlaintiffPeter Byrne
Case DescriptionPeter Byrne, a freelance journalist, submitted a FOIA request to the National Security Agency for records concerning a variety of historical records pertaining to NSA operations. Byrne also requested a fee waiver. The agency acknowledged receipt of the request and told Byrne that the number of responsive records would be minimal and no fees would be assessed. However, after the agency had not responded two years later, Byrne filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNational Security Agency
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-12-011COMPLAINT for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. § 552 et seq. against All Defendants ( Filing fee $ 402, receipt number 0971-15258180.). Filed byPeter Byrne. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet)(Burke, Thomas) (Filed on 12/1/2020) (Entered: 12/01/2020)
2020-12-012Proposed Summons. (Burke, Thomas) (Filed on 12/1/2020) (Entered: 12/01/2020)
2020-12-013Case assigned to Magistrate Judge Jacqueline Scott Corley. 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 12/15/2020. (bwS, COURT STAFF) (Filed on 12/1/2020) (Entered: 12/01/2020)
2020-12-01Electronic filing error . Case has been randomly assigned to judge, however incorrect Civil Cover Sheet CAND 44 (Rev. 07/19) used at case opening. Please complete and re-file as a separate docket entry correct Civil Cover Sheet JS-CAND 44 (Rev. 10/20 re: 1 . 7 Complaint, filed by Peter Byrne (bwS, COURT STAFF) (Filed on 12/1/2020) (Entered: 12/01/2020)
2020-12-014Civil Cover Sheet filed by Peter Byrne - Correct Civil Cover Sheet JS-CAND 44 (Rev. 10/20 re: 1 . 7 Complaint filed by Peter Byrne . (Burke, Thomas) (Filed on 12/1/2020) (Entered: 12/01/2020)
2020-12-025CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Peter Byrne.. (Burke, Thomas) (Filed on 12/2/2020) (Entered: 12/02/2020)
2020-12-036Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 2/25/2021. Initial Case Management Conference set for 3/4/2021 at 1:30 PM in San Francisco, Courtroom E, 15th Floor. (tnS, COURT STAFF) (Filed on 12/3/2020) (Entered: 12/03/2020)
2020-12-037Summons Issued as to National Security Agency, U.S. Department of Defense. (tnS, COURT STAFF) (Filed on 12/3/2020) (Entered: 12/03/2020)
2021-02-118AFFIDAVIT of Service for Summons and Complaint served on National Security Agency and National Security Agency FOIA Officer on 1/29/2021, filed by Peter Byrne. (Attachments: # 1 Affidavit of Service as to NSA FOIA Officer)(Burke, Thomas) (Filed on 2/11/2021) (Entered: 02/11/2021)
2021-02-119AFFIDAVIT of Service for Summons and Complaint served on U.S. Department of Justice on 1/29/2021, filed by Peter Byrne. (Burke, Thomas) (Filed on 2/11/2021) (Entered: 02/11/2021)
2021-02-1110AFFIDAVIT of Service for Summons and Complaint served on U.S. Department of Defense on 2/1/2021, filed by Peter Byrne. (Burke, Thomas) (Filed on 2/11/2021) (Entered: 02/11/2021)
2021-02-1111CERTIFICATE OF SERVICE by Peter Byrne re 2 Proposed Summons, 1 Complaint, as to National Security Agency c/o U.S. Attorney's Office (Burke, Thomas) (Filed on 2/11/2021) (Entered: 02/11/2021)
2021-02-1112CERTIFICATE OF SERVICE by Peter Byrne re 2 Proposed Summons, 1 Complaint, as to U.S. Department of Defense c/o U.S. Attorney's Office (Burke, Thomas) (Filed on 2/11/2021) (Entered: 02/11/2021)
2021-02-2513MOTION to Continue Initial Case Management Conference filed by Peter Byrne. (Attachments: # 1 Proposed Order)(Burke, Thomas) (Filed on 2/25/2021) (Entered: 02/25/2021)
2021-02-2614ORDER by Magistrate Judge Jacqueline Scott Corley granting 13 Motion to Continue Initial Case Management Conference. Joint Case Management Statement due by 4/1/2021. Initial Case Management Conference reset for 4/8/2021 at 1:30 p.m. by videoconference. (ahm, COURT STAFF) (Filed on 2/26/2021) (Entered: 02/26/2021)
2021-03-0115ANSWER to Complaint FOR DECLARATORY AND INJUNCTIVE RELIEF FOR VIOLATION OF THE FREEDOM OF INFORMATION ACT, 5 U.S.C. § 552 et seq. Defendants filed by National Security Agency, U.S. Department of Defense. (Reagin, Julie) (Filed on 3/1/2021) (Entered: 03/01/2021)
2021-03-0116CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge by 3/15/2021. 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. (ahm, COURT STAFF) (Filed on 3/1/2021) (Entered: 03/01/2021)
2021-03-1517CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by National Security Agency, U.S. Department of Defense.. (Reagin, Julie) (Filed on 3/15/2021) (Entered: 03/15/2021)
2021-03-1518CLERK'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. (ahm, COURT STAFF) (Filed on 3/15/2021) (Entered: 03/15/2021)
2021-03-1619ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Magistrate Judge Jacqueline Scott Corley 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 Clerk on 03/16/2021. (Attachments: # 1 Notice of Eligibility for Video Recording)(mbcS, COURT STAFF) (Filed on 3/16/2021) (Entered: 03/16/2021)
2021-03-1620CLERK'S NOTICE: A Joint Case Management Statement due by 6/18/2021. Initial Case Management Conference set for 6/25/2021 at 8:30 AM in San Francisco - To be determined. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 3/16/2021) (Entered: 03/16/2021)
2021-03-1821ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Reagin, Julie) (Filed on 3/18/2021) (Entered: 03/18/2021)
2021-03-3022NOTICE of Substitution of Counsel by Valerie Elizabeth Smith (Smith, Valerie) (Filed on 3/30/2021) (Entered: 03/30/2021)
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by FOIA Project Staff
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