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Case TitleNational Public Radio, Inc. v. U.S. Central Command et al
DistrictSouthern District of California
CitySan Diego
Case Number3:2021cv01079
Date Filed2021-06-09
Date ClosedOpen
JudgeJudge Michael M. Anello
PlaintiffNational Public Radio, Inc.
PlaintiffGraham Smith
Case DescriptionNational Public Radio submitted a FOIA request to U.S. Central Command for records concerning a 2004 friendly fire incident in Iraq that resulted in the deaths of two U.S. Marines. The agency acknowledged receipt of the request but after hearing nothing further from the agency, National Public Radio filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Central Command
DefendantU.S. Department of Defense
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [12]
Opinion/Order [14]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-06-091COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ACASDC-15811289.), filed by National Public Radio, Inc., Graham Smith. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B) The new case number is 3:21-cv-1079-MMA-AHG. Judge Michael M. Anello and Magistrate Judge Allison H. Goddard are assigned to the case. (Burke, Thomas)(zda) (jms). (Entered: 06/09/2021)
2021-06-092Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (zda) (jms). (Entered: 06/09/2021)
2021-06-093NOTICE of Party With Financial Interest by National Public Radio, Inc., Graham Smith . No Parties With Financial Interest. (Burke, Thomas) (tcf). (Entered: 06/09/2021)
2021-06-154Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15832396.) (Application to be reviewed by Clerk.) (Attachments: # 1 Certificate of Good Standing)(Kalinowski, Caesar) (rmc). (Entered: 06/15/2021)
2021-06-165ORDER Approving the Pro Hac Vice Application of Caesar D. Kalinowski (Re: ECF No. 4 Request to Appear Pro Hac Vice). Signed by Judge Michael M. Anello on 6/16/2021.(jrd) (Entered: 06/16/2021)
2021-08-026MOTION to Dismiss for Lack of Jurisdiction by U.S. Central Command, U.S. Department of Defense. (Attachments: # 1 Attachment 1, # 2 Declaration)(Keehn, Douglas)Attorney Douglas Keehn added to party U.S. Central Command(pty:dft), Attorney Douglas Keehn added to party U.S. Department of Defense(pty:dft) (tcf). (Entered: 08/02/2021)
2021-08-307RESPONSE in Opposition re 6 MOTION to Dismiss for Lack of Jurisdiction filed by National Public Radio, Inc., Graham Smith. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Burke, Thomas) (tcf). (Entered: 08/30/2021)
2021-09-038REPLY to Response to Motion re 6 MOTION to Dismiss for Lack of Jurisdiction filed by U.S. Central Command, U.S. Department of Defense. (Attachments: # 1 Declaration)(Keehn, Douglas) (jmo). (Entered: 09/03/2021)
2021-09-079Minute Order Taking Motion Under Submission : Defendant's 6 MOTION to Dismiss for Lack of Jurisdiction is currently set for hearing on September 13, 2021. The Court finds this matter suitable for determination on the papers and without oral argument pursuant to Federal Rule of Civil Procedure 78(b) and Civil Local Rule 7.1.d.1. Accordingly, no appearances are required, and the hearing is taken off calendar. SO ORDERED by Judge Michael M. Anello on September 7, 2021. (kff) (Entered: 09/07/2021)
2021-11-0410MOTION for Early Neutral Evaluation Conference Early Neutral Evaluation Letter Request by National Public Radio, Inc., Graham Smith. (Attachments: # 1 Proof of Service)(Burke, Thomas) QC mailer sent re: Improperly formatted document (tcf). (Entered: 11/04/2021)
2021-11-0511ORDER Setting Briefing Schedule and Motion Hearing re 10 Plaintiffs' Motion for Pre-Answer Early Neutral Evaluation Conference. Defendants' Opposition, or notice of non-opposition, must be filed by 11:00 AM on 11/12/2021. Videoconference motion hearing set for 11/16/2021 at 9:30 AM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 11/5/2021.(hmw) (Entered: 11/05/2021)
2021-11-1012ORDER Denying 6 Defendant's Motion to Dismiss. The Court DENIES Defendants' motion to dismiss for lack of subject matter jurisdiction. The Court DIRECTS Defendants to file a response within the time specified by Federal Rule of Civil Procedure 12(a)(4)(A). Signed by Judge Michael M. Anello on 11/10/2021. (tcf) (Entered: 11/10/2021)
2021-11-1213NOTICE of Non-Opposition to Motion for ENE by U.S. Central Command, U.S. Department of Defense re 10 MOTION for Early Neutral Evaluation Conference Early Neutral Evaluation Letter Request (Parker, Katherine)Attorney Katherine L. Parker added to party U.S. Central Command(pty:dft), Attorney Katherine L. Parker added to party U.S. Department of Defense(pty:dft) (tcf). (Entered: 11/12/2021)
2021-11-1214ORDER (1) Vacating Motion Hearing, (2) Granting 10 Plaintiffs' Motion for Pre-Answer Early Neutral Evaluation Conference, and (3) Setting Early Neutral Evaluation Conference and Case Management Conference. Motion Hearing scheduled for 11/16/2021 is VACATED. ENE set for 12/15/2021 at 9:30 AM before Magistrate Judge Allison H. Goddard. In the event the case does not settle at the ENE, the Court will immediately thereafter hold a CMC. Signed by Magistrate Judge Allison H. Goddard on 11/12/2021. (hmw) (Entered: 11/12/2021)
2021-11-2315ANSWER to 1 Complaint, by U.S. Central Command, U.S. Department of Defense.(Church, Rebecca)Attorney Rebecca Grace Church added to party U.S. Central Command(pty:dft), Attorney Rebecca Grace Church added to party U.S. Department of Defense(pty:dft) (tcf). (Entered: 11/23/2021)
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