Case Detail

FOIA Project Annotation: Judge Carl Nichols has ruled that 97 videos showing ballistic testing of readily available ammunition are not protected by either Exemption 7(E) (investigative methods or techniques) or Exemption 7(F) (harm to any person). NPR reporter Rebecca Hersher submitted a FOIA request to the FBI for video recordings of ballistics tests conducted with common ammunition. The FBI searched its Ballistics Research Facility and located 97 videos �" 76 videos showing testing of .223 Remington ammunition and 21 videos showing testing of 9 mm Luger ammunition. The agency decided to withhold all of them under Exemption 7(E) and Exemption 7(F). Although NPR had seven objections to the FBI's declaration explaining its search, because the agency sufficiently addressed the objections, Nichols found the search was adequate. Challenging the Exemption 7(E) and (F) claims, NPR pointed out that the 1974 legislative history discussing the changes to Exemption 7, resulting in six sub-parts, including Exemption 7(E), indicated that "investigative techniques and procedures" should not include well-known techniques such as fingerprinting and ballistics tests. Nichols observed that NPR was unlikely to get too far relying on legislative history and pointed to "the dearth of recent cases applying the Conference Report in this context stems from courts' newfound hesitance to give weight to legislative history." Instead, Nichols noted the D.C. Circuit's foray into legislative history in Crooker v. Bureau of Alcohol, Tobacco, and Firearms, 670 F.2d 1051 (D.C. Cir. 1981), in which the full D.C. Circuit was convinced that Exemption 2 (internal practices and procedures) encompassed instances where disclosure would risk circumvention of law or regulation, including ballistics testing. However, Crooker's judicial gloss was abandoned by the Supreme Court when it ruled in Milner v. Dept of Navy, 562 U.S. 462 (2011) using the plain language test that had largely supplanted any reliance on legislative history in statutory interpretation. Applying the plain language standard here, Nichols pointed out that "Exemption 7(E)'s text creates no carve-out for ballistics tests and the Court will not infer one based on legislative history." Nichols noted that the FBI's assertions of harm from disclosure were speculative. After reviewing the tapes himself, Nichols indicated that "the videos do not contain any sensitive government information that might distinguish them from ballistics tests conducted in any other laboratory, and the Court is unable to discern any appreciable risk that the videos' 'disclosure could reasonably be expected to risk circumvention of the law.'" On Exemption 7(F), he observed that "the Court need not discuss the Parties' arguments about the class of individuals who might be at elevated risk of harm, however, because as with Exemption 7(E), the FBI has not justified its assertions that videos contain any information bad actors might use to harm anyone."
Issues: Exemption 7(F) - Harm to safety of any person, Exemption 7(E) - Unknown to public

FOIA Project Annotation: Judge Carl Nichols has ruled that the FBI has now shown that videos showing ballistic testing are protected entirely under Exemption 7(E) (investigative methods or techniques) and Exemption 7(F) (harm to safety of person). The test videos were requested by NPR reporter Rebecca Hersher. The FBI initially refused to search for the records, arguing such records were categorically exempt under Exemption 7(E). The FBI eventually agreed to search for records and located 97 videos. However, after reviewing the records, the FBI decided to withhold them entirely under Exemption 7(E) and Exemption 7(F). After conducting an in camera review of the videos, the court found the FBI had failed to justify its exemption claims and ordered the videos disclosed. The FBI then asked for reconsideration. By the time Nichols reconsidered the issue, the FBI had narrowed the number of responsive videos to 62. Nichols agreed that reconsideration was appropriate, noting that "third-party concerns also make it appropriate to revisit the Court's prior Opinions and Order in this case, where the government has proffered additional information to demonstrate that releasing the videos would risk endangering members of the public and law enforcement officers." He found that the new affidavits submitted to the court provided the needed justification for withholding the videos under Exemption 7(F). He explained that "because the videos portray the FBI's data-gathering efforts regarding bullets' 'ability to inflict the most effective wound to a human adversary,' they could allow nefarious actors to select ammunition that would 'inflict greater damage to their intended target [or] law enforcement officers responding to crime scenes.'" Although he indicated that his conclusion that Exemption 7(F) protected the videos entirely, Nichols went on to consider Hersher's argument that because such videos were often available through criminal trials, they were publicly available. Nichols rejected the claim, noting that "there is a qualitative difference between the use of individual videos at trial and production of a compilation of every single video the FBI has made. In the context of privacy exemptions, courts have distinguished between the release of bits and pieces of private records spread across dockets and comprehensive databases containing vast amounts of information. The same rationale applies here. The results of one ballistics test might not cause much harm, but a comprehensive 'library' of the FBI's ballistics testing methods, would provide nefarious actors with substantially more information than an individual video." He observed that "release of the videos here would provide a shortlist to people trying to select ammunition on the basis of lethality and, by making those bad actors more lethal, increase their ability to circumvent the law."
Issues: Exemption 7(F) - Harm to safety of any person, Exemption 7(E) - Investigative methods or techniques

Date Filed	Doc #	Docket Text
2018-12-21	1	COMPLAINT for Injunctive and Declaratory Relief for Violation of the Freedom of Information Act against FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 400 receipt number 0090-5854293) filed by REBECCA HERSHER, NATIONAL PUBLIC RADIO INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet, # 6 Summons FBI, # 7 Summons US Atty General, # 8 Summons US Atty DC)(Zycherman, Lisa) (Entered: 12/21/2018)
2018-12-26		Case Assigned to Judge Colleen Kollar-Kotelly. (zef, ) (Entered: 12/26/2018)
2018-12-26	2	SUMMONS (3) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 12/26/2018)
2019-01-02	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 12/27/2018 (Zycherman, Lisa) (Entered: 01/02/2019)
2019-01-02	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/27/2018. (Zycherman, Lisa) (Entered: 01/02/2019)
2019-01-02	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/27/2018. Answer due for ALL FEDERAL DEFENDANTS by 1/26/2019. (Zycherman, Lisa) (Entered: 01/02/2019)
2019-01-03	6	ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLLY. Signed by Judge Colleen Kollar-Kotelly on 01/03/19. (DM) (Entered: 01/03/2019)
2019-01-25	7	MOTION to Stay , MOTION for Extension of Time to by FEDERAL BUREAU OF INVESTIGATION (Clark, Denise) (Entered: 01/25/2019)
2019-01-29		MINUTE ORDER: The Court has received Defendant Federal Bureau of Investigation's ("FBI") 7 Motion for a Stay and Extension of Time in Light of Lapse of Appropriations. Defendant fails to acknowledge the tardiness of its request pursuant to the Court's 6 standing order. See Order Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly, ECF No. 6 , ¶ 7(A). Plaintiff does not oppose the relief sought in this motion. The Court understands that Congress and the President restored appropriations on January 25, 2019, but that the agencies presumably did not resume operations until the first business day thereafter, January 28, 2019. Accordingly, the Court shall GRANT-in-PART and DENY-in-PART Defendant's 7 Motion. There is no longer a need to stay this case. However, the Court shall permit the requested extension of 14 days and shall use the date of the resumption of operations as the basis for the further deadline. Defendant shall answer or otherwise respond to the 1 Complaint by FEBRUARY 11, 2019 . Signed by Judge Colleen Kollar-Kotelly on January 29, 2019. (lcckk1) (Entered: 01/29/2019)
2019-01-29		Set/Reset Deadlines: Answer to 1 due by 2/11/2019. (dot) (Entered: 01/29/2019)
2019-02-11	8	ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION.(Clark, Denise) (Entered: 02/11/2019)
2019-02-14	9	ORDER. The parties shall file the schedule not later than MARCH 18, 2019 . Signed by Judge Colleen Kollar-Kotelly on February 14, 2019. (lcckk1) (Entered: 02/14/2019)
2019-02-14		Set/Reset Deadlines: Meet & Confer Statement due by 3/18/2019. (dot) (Entered: 02/14/2019)
2019-03-04	10	AMENDED COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, U.S. Department of Justice filed by REBECCA HERSHER, NATIONAL PUBLIC RADIO, INC.. (Attachments: # 1 Comparison of Complaint and Amended Complaint)(Zycherman, Lisa) (Entered: 03/04/2019)
2019-03-04	11	REQUEST FOR SUMMONS TO ISSUE re 10 Amended Complaint filed by REBECCA HERSHER, NATIONAL PUBLIC RADIO, INC.. Related document: 10 Amended Complaint filed by REBECCA HERSHER, NATIONAL PUBLIC RADIO, INC..(Zycherman, Lisa) (Entered: 03/04/2019)
2019-03-05	12	SUMMONS (1) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE. (ztd) (Entered: 03/05/2019)
2019-03-18	13	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 3/12/2019 (Zycherman, Lisa) (Entered: 03/18/2019)
2019-03-18	14	Joint STATUS REPORT by REBECCA HERSHER, NATIONAL PUBLIC RADIO, INC.. (Zycherman, Lisa) (Entered: 03/18/2019)
2019-03-18	15	ANSWER to 10 Amended Complaint by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE.(Clark, Denise) (Entered: 03/18/2019)
2019-03-25		MINUTE ORDER: The Court has received Plaintiffs' 10 Amended Complaint, Defendants' 15 Answer thereto, and the parties' 14 Joint Status Report. The parties have conferred, and Defendants are now ready to begin their search for responsive records. While the parties agree that a further Joint Status Report is the next step in these proceedings, they propose differing deadlines for such Report, and Plaintiffs additionally seek an April 17, 2019, deadline for a Vaughn index. The Court finds that it would be premature to set such a deadline for a Vaughn index when Defendants are only now beginning their search. Rather, by APRIL 17, 2019 , the parties shall submit a further Joint Status Report identifying the status of Defendants' search and review and proposing a schedule for further proceedings. The parties shall submit a further Joint Status Report no later than every thirty days thereafter, unless and until the Court orders otherwise. Signed by Judge Colleen Kollar-Kotelly on March 25, 2019. (lcckk1) (Entered: 03/25/2019)
2019-03-25		Set/Reset Deadlines: Joint Status Report due by 4/17/2019. (dot) (Entered: 03/25/2019)
2019-04-17	16	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Clark, Denise) (Entered: 04/17/2019)
2019-05-02	17	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas R. Burke, :Firm- Davis Wright Tremaine LLP, :Address- 505 Montgomery Street, Suite 800, San Francisco, California 94111-6533. Phone No. - (415) 276-6500. Fax No. - (415) 276-6599 Filing fee $ 100, receipt number 0090-6098913. Fee Status: Fee Paid. by REBECCA HERSHER, NATIONAL PUBLIC RADIO, INC. (Attachments: # 1 Declaration of T. Burke, # 2 Text of Proposed Order)(Zycherman, Lisa) (Entered: 05/02/2019)
2019-05-06		MINUTE ORDER: The Court has received the 17 Motion for Admission Pro Hac Vice of Thomas R. Burke. That motion is GRANTED CONTINGENT upon Mr. Burke's submission of a declaration by MAY 13, 2019 , stating that he has reviewed and is familiar with the Local Rules of this Court. Signed by Judge Colleen Kollar-Kotelly on May 6, 2019. (lcckk1) (Entered: 05/06/2019)
2019-05-10	18	AFFIDAVIT re Order on Motion for Leave to Appear Pro Hac Vice, revised Declaration of T. Burke by REBECCA HERSHER, NATIONAL PUBLIC RADIO, INC.. (Burke, Thomas) (Entered: 05/10/2019)
2019-05-17	19	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Clark, Denise) (Entered: 05/17/2019)
2019-06-17	20	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Clark, Denise) (Entered: 06/17/2019)
2019-06-24		Case directly reassigned to Judge Carl J. Nichols. Judge Colleen Kollar-Kotelly is no longer assigned to the case. (ztnr) (Entered: 06/24/2019)
2019-07-17	21	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Clark, Denise) (Entered: 07/17/2019)
2019-07-22		MINUTE ORDER. Upon consideration of the Parties' 21 Joint Status Report, which indicates that Defendants have completed their review of potentially responsive records but that the Parties have reached an impasse regarding when Defendants should produce a Vaughn index, it is hereby ORDERED that Defendants produce their Vaughn index on or before August 15, 2019. Signed by Judge Carl J. Nichols on July 22, 2019. (lccjn1) (Entered: 07/22/2019)
2019-07-22		Set/Reset Deadlines/Hearings: Defendant's Vaughn Index due by 8/15/2019. (zcdw) (Entered: 07/22/2019)
2019-08-16	22	Joint STATUS REPORT by REBECCA HERSHER, NATIONAL PUBLIC RADIO, INC.. (Zycherman, Lisa) (Entered: 08/16/2019)
2019-08-23		MINUTE ORDER. Upon review of the Parties' 22 Joint Status Report, it is hereby ORDERED that the Parties shall file any dispositive motions by October 16, 2019, with briefing to proceed thereafter in accordance with LCvR 7. The Court acknowledges the Parties' dispute over the adequacy of Defendant's Vaughn Index and will consider that issue at summary judgment. Signed by Judge Carl J. Nichols on August 23, 2019. (lccjn2) (Entered: 08/23/2019)
2019-08-23		Set/Reset Deadlines/Hearings: Dispositive Motions due by 10/16/2019. (zcdw) (Entered: 08/25/2019)
2019-10-16	23	MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Declaration Hardy, # 3 Exhibit A-H, # 4 Table of Contents, # 5 Table of Authorities)(Clark, Denise) (Entered: 10/16/2019)
2019-10-16	24	MOTION for Summary Judgment and Statement of Material Facts by REBECCA HERSHER, NATIONAL PUBLIC RADIO, INC. (Attachments: # 1 Declaration of Lisa B. Zycherman, # 2 Zycherman Decl. Ex. 1 to 11, # 3 Zycherman Decl. Ex. 12 to 15, # 4 Zycherman Decl. Ex. 16 and 17, # 5 Zycherman Decl. Ex. 18 to 22, # 6 Text of Proposed Order)(Zycherman, Lisa) (Entered: 10/16/2019)
2019-10-29	25	Consent MOTION for Extension of Time to File Response/Reply by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Clark, Denise) (Entered: 10/29/2019)
2019-10-29		MINUTE ORDER. Upon review of Defendant's 25 Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED. The Parties shall file their responses on the Cross-Motions for Summary Judgment by November 19, 2019 and their replies by November 26, 2019. Signed by Judge Carl J. Nichols on October 29, 2019. (lccjn2) (Entered: 10/29/2019)
2019-10-29		Set/Reset Deadlines/Hearings: Responses to Cross Motions due by 11/19/2019. Replis to Cross Motions due by 11/26/2019. (zcdw) (Entered: 10/31/2019)
2019-11-19	26	RESPONSE re 23 MOTION for Summary Judgment filed by REBECCA HERSHER, NATIONAL PUBLIC RADIO, INC.. (Attachments: # 1 Statement of Facts)(Zycherman, Lisa) (Entered: 11/19/2019)
2019-11-19	27	Memorandum in opposition to re 24 MOTION for Summary Judgment and Statement of Material Facts filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Defendants' Reply to Plaintiffs' Statement of Material Facts)(Clark, Denise) (Entered: 11/19/2019)
2019-11-26	28	Consent MOTION for Extension of Time to File Response/Reply as to 23 MOTION for Summary Judgment , 24 MOTION for Summary Judgment and Statement of Material Facts by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Jackson, Michelle) (Entered: 11/26/2019)
2019-11-26		MINUTE ORDER. Upon review of Defendant's 28 Consent Motion for Extension of Time to File Reply, it is hereby ORDERED that the Motion is GRANTED. The Parties shall file their replies on the Cross-Motions for Summary Judgment by December 20, 2019. Signed by Judge Carl J. Nichols on November 26, 2019. (lccjn2) (Entered: 11/26/2019)
2019-11-26		Set/Reset Deadlines: Parties Replies On The Cross-Motions For Summary Judgment due by 12/20/2019. (mac) (Entered: 11/26/2019)
2019-11-26	29	NOTICE OF SUBSTITUTION OF COUNSEL by Michelle D. Jackson on behalf of All Defendants Substituting for attorney Denise M. Clark (Jackson, Michelle) (Entered: 11/26/2019)
2019-12-18	30	Consent MOTION for Extension of Time to File Response/Reply as to 23 MOTION for Summary Judgment by REBECCA HERSHER, NATIONAL PUBLIC RADIO, INC. (Attachments: # 1 Text of Proposed Order)(Zycherman, Lisa) (Entered: 12/18/2019)
2019-12-19		MINUTE ORDER. Upon review of Plaintiff's 30 Consent Motion for Extension of Time to File Reply, it is hereby ORDERED that the Motion is GRANTED. Plaintiff shall reply to Defendant's 27 Memorandum in Opposition by January 10, 2020. Signed by Judge Carl J. Nichols on December 19, 2019. (lccjn2) (Entered: 12/19/2019)
2019-12-19		Set/Reset Deadlines/Hearings: Plaintiff's reply due by 1/10/2020. (zcdw) (Entered: 12/24/2019)
2019-12-20	31	REPLY to opposition to motion re 23 MOTION for Summary Judgment and Statement of Material Facts filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration)(Jackson, Michelle) Modified link on 1/15/2020 (znmw). (Entered: 12/20/2019)
2020-01-10	32	REPLY re 24 MOTION for Summary Judgment and Statement of Material Facts - Plaintiffs' Response to Defendants' Opposition to Plaintiffs' Motion filed by REBECCA HERSHER, NATIONAL PUBLIC RADIO, INC.. (Zycherman, Lisa) Modified event title and link on 1/15/2020 (znmw). (Entered: 01/10/2020)
2020-05-14		MINUTE ORDER. Upon review of the Parties's 23 , 24 Cross-Motions for Summary Judgment, it is hereby ORDERED that a hearing on the Cross-Motions is set for June 18, 2020 at 10:00 AM in Courtroom 19. If Court operations remain affected by closures by that date, the hearing will proceed by alternative technological means. Signed by Judge Carl J. Nichols on May 14, 2020. (lccjn2) (Entered: 05/14/2020)
2020-05-14		Set/Reset Deadlines/Hearings: Motion Hearing set for 6/18/2020 at 10:00 AM in Courtroom 19 before Judge Carl J. Nichols. (zcdw) (Entered: 05/14/2020)
2020-05-15	33	NOTICE OF SUBSTITUTION OF COUNSEL by Kristin Brudy-Everett on behalf of All Defendants Substituting for attorney Michelle D. Jackson (Brudy-Everett, Kristin) (Entered: 05/15/2020)
2020-05-26		MINUTE ORDER. In light of the Court's Standing Order 20-29, In re: Further Extension of Postponed Court Proceedings in Standing Order 20-9 and Limiting Court Operations in Exigent Circumstances Created by the COVID-19 Pandemic (D.D.C. May 26, 2020) (BAH), it is hereby ORDERED that the hearing on the Parties' 23 , 24 Cross-Motions for Summary Judgment, set for June 18, 2020, is CONVERTED to a telephonic hearing on the record and RESET to June 10, 2020 at 10:00 AM. The Court will promulgate dial-in information separately. Signed by Judge Carl J. Nichols on May 26, 2020. (lccjn2) (Entered: 05/26/2020)
2020-06-09		Set/Reset Deadlines/Hearings: Motion Hearing reset for 6/10/2020 at 10:00 AM in Telephonic/VTC before Judge Carl J. Nichols. (zcdw) (Entered: 06/09/2020)
2020-06-10		Minute Entry for proceedings held before Judge Carl J. Nichols: Motion Hearing held on 6/10/2020 re 23 , 24 Cross Motions for Summary Judgment. Motions heard and taken under advisement. (Court Reporter: Nancy Meyer) (zcdw) (Entered: 06/21/2020)
2020-06-11	34	ORDER directing in camera review. Signed by Judge Carl J. Nichols on June 11, 2020. (lccjn2) (Entered: 06/11/2020)
2020-08-28	35	ORDER granting in part and denying in part Defendants' 23 Motion for Summary Judgment; granting Plaintiffs' 24 Motion for Summary Judgment. Signed by Judge Carl J. Nichols on August 28, 2020. (lccjn2) (Entered: 08/28/2020)
2020-08-28	36	MEMORANDUM AND OPINION. Signed by Judge Carl J. Nichols on August 28, 2020. (lccjn2) (Entered: 08/28/2020)
2020-08-28		Minute Entry for proceedings held before Judge Carl J. Nichols: Telephone Status Conference held on 8/28/2020. (zcal) (Entered: 08/28/2020)
2020-09-09	37	Consent MOTION for Extension of Time to File Motion for Attorneys' Fees and Costs by REBECCA HERSHER, NATIONAL PUBLIC RADIO, INC. (Attachments: # 1 Text of Proposed Order)(Zycherman, Lisa) (Entered: 09/09/2020)
2020-09-10		MINUTE ORDER. Upon review of Plaintiffs' 37 Consent Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED. Plaintiffs shall file their Motion for Attorney Fees and Costs by October 27, 2020. Signed by Judge Carl J. Nichols on September 10, 2020. (lccjn2) (Entered: 09/10/2020)
2020-09-10		Set/Reset Deadlines: Motion for Attorney Fees and Costs due by 10/27/2020. (zcal) (Entered: 09/10/2020)
2020-09-28	38	MOTION for Reconsideration re 36 Memorandum & Opinion, 35 Order on Motion for Summary Judgment, by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of Joseph E. Bender, # 2 Declaration of A. Scott Patterson)(Brudy-Everett, Kristin) (Entered: 09/28/2020)
2020-10-13	39	Memorandum in opposition to re 38 MOTION for Reconsideration re 36 Memorandum & Opinion, 35 Order on Motion for Summary Judgment, Plaintiff's Response in Opposition to Defendant's Motion For Reconsideration filed by REBECCA HERSHER, NATIONAL PUBLIC RADIO, INC.. (Attachments: # 1 Declaration, # 2 Exhibit)(Zycherman, Lisa) Modified docket event/text on 10/14/2020 (eg). (Entered: 10/13/2020)
2020-10-20	40	Joint MOTION for Extension of Time to File Defendants' Reply and Plaintiffs' Motion for Fees and Costs by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 10/20/2020)
2020-10-21		MINUTE ORDER. Upon review of the Parties' 40 Joint Motion for an Extension of Time, it is hereby ORDERED that the Motion is GRANTED. Defendants shall file their Reply by October 26, 2020. Plaintiffs shall file their Motion for fees and costs by November 24, 2020. Signed by Judge Carl J. Nichols on October 21, 2020. (lccjn2) (Entered: 10/21/2020)
2020-10-21		Set/Reset Deadlines: Motion for Attorney Fees and Costs due by 11/24/2020. Reply due by 10/26/2020. (zcal) (Entered: 10/22/2020)
2020-10-26	41	REPLY re 39 Response to motion, filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A - Declaration of A. Scott Patterson)(Brudy-Everett, Kristin) (Entered: 10/26/2020)
2020-10-26	42	MOTION to Stay re 35 Order on Motion for Summary Judgment, by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Brudy-Everett, Kristin) (Entered: 10/26/2020)
2020-10-27		MINUTE ORDER. Upon review of Defendants' 42 Motion to Stay, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that the deadline for Defendant's release of videos pursuant to the Court's 35 Order is extended until the Court rules on Defendants' 38 Motion for Reconsideration. Signed by Judge Carl J. Nichols on October 27, 2020. (lccjn2) (Entered: 10/27/2020)
2020-11-24	43	Consent MOTION for Extension of Time to File Motion for Attorneys' Fees and Costs by REBECCA HERSHER, NATIONAL PUBLIC RADIO, INC. (Zycherman, Lisa) (Entered: 11/24/2020)
2020-11-24		MINUTE ORDER. Upon review of Plaintiff's 43 Motion for Extension of Time, it is hereby ORDERED that Motion is GRANTED. Plaintiff shall file its Motion for Attorney's Fees and Costs by January 8, 2021. Signed by Judge Carl J. Nichols on November 24, 2020. (lccjn2) (Entered: 11/24/2020)
2020-11-24		Set/Reset Deadlines: Motion for Attorney Fees due by 1/8/2021. (zcal) (Entered: 11/25/2020)
2021-01-06	44	Consent MOTION for Extension of Time to file their motion for attorneys fees and costs by REBECCA HERSHER, NATIONAL PUBLIC RADIO, INC. (Attachments: # 1 Text of Proposed Order)(Zycherman, Lisa) (Entered: 01/06/2021)
2021-01-08		MINUTE ORDER. Upon review of Plaintiff's 44 Consent Motion for Extension of Time, it is hereby ORDERED that the Motion is GRANTED. Plaintiff shall file its Motion for Attorney's Fees and Costs by March 9, 2021. Signed by Judge Carl J. Nichols on January 8, 2021. (lccjn2) (Entered: 01/08/2021)
2021-01-08		Set/Reset Deadlines: Motion for Attorney Fees due by 3/9/2021. (zcal) (Entered: 01/11/2021)
2021-01-21		MINUTE ORDER. After review of Defendants' 38 Motion for Reconsideration, it is hereby ORDERED that a telephonic hearing on the Motion is scheduled for February 1, 2021, at 2:00 p.m. Signed by Judge Carl J. Nichols on January 21, 2021. (lccjn2) (Entered: 01/21/2021)
2021-01-21		Set/Reset Hearings: Motion Hearing set for 2/1/2021 at 02:00 PM in Telephonic/VTC before Judge Carl J. Nichols. (zcal) (Entered: 01/21/2021)
2021-02-01		Minute Order and Entry for Proceedings held before Judge Carl J. Nichols: Motion Hearing held on 2/1/2021 re 38 MOTION for Reconsideration re 36 Memorandum & Opinion, 35 Order on Motion for Summary Judgment, filed by U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION. 38 Motion for Reconsideration; Taken under advisement. Parties file report on timing of motion filed due by 2/5/2021. Court Reporter: Lorraine Herman. (zcal) (Entered: 02/01/2021)
2021-02-01		MINUTE ORDER. As discussed during the hearing on February 1, 2021, it is hereby ORDERED that each Party shall file up to three pages of supplemental briefing regarding the timeliness of Defendants' 38 Motion for Reconsideration by February 5, 2021. Signed by Judge Carl J. Nichols on February 1, 2021. (lccjn2) (Entered: 02/01/2021)
2021-02-05	45	RESPONSE TO ORDER OF THE COURT re Order, Plaintiffs Supplemental Briefing Regarding the Timeliness of Defendants Motion for Reconsideration filed by REBECCA HERSHER, NATIONAL PUBLIC RADIO, INC.. (Zycherman, Lisa) (Entered: 02/05/2021)
2021-02-05	46	RESPONSE TO ORDER OF THE COURT re Order, Defendants' Supplemental Briefing Regarding the Timeliness of Its Motion for Reconsideration filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Brudy-Everett, Kristin) (Entered: 02/05/2021)
2021-03-12	47	Joint STATUS REPORT by REBECCA HERSHER, NATIONAL PUBLIC RADIO, INC.. (Zycherman, Lisa) (Entered: 03/12/2021)
2021-04-28	48	ORDER granting 38 Motion for Reconsideration; granting 23 Motion for Summary Judgment; denying 24 Motion for Summary Judgment. Signed by Judge Carl J. Nichols on April 28, 2021. (lccjn2) (Entered: 04/28/2021)
2021-04-28	49	MEMORANDUM AND OPINION. Signed by Judge Carl J. Nichols on April 28, 2021. (lccjn2) (Entered: 04/28/2021)
2021-06-28	50	NOTICE OF APPEAL TO DC CIRCUIT COURT as to 48 Order on Motion for Reconsideration by REBECCA HERSHER, NATIONAL PUBLIC RADIO, INC.. Filing fee $ 505, receipt number ADCDC-8561550. Fee Status: Fee Paid. Parties have been notified. (Zycherman, Lisa) (Entered: 06/28/2021)
2021-06-29	51	Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re 50 Notice of Appeal to DC Circuit Court,. (eg) (Entered: 06/29/2021)
2021-06-30		USCA Case Number 21-5149 for 50 Notice of Appeal to DC Circuit Court, filed by REBECCA HERSHER, NATIONAL PUBLIC RADIO, INC.. (eg) (Entered: 07/02/2021)
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