Case Detail

FOIA Project Annotation: A federal court in California has ruled that U.S. Central Command (CENTCOM) conducted an adequate search in response to a four-part FOIA request from NPR producer Graham Smith for records concerning Operation Vigilant Resolve or the First Battle of Fallujah in April 2004. After failing to have Smith's suit dismissed because it was similar to earlier 2020 litigation in the Northern District of California filed by NPR reporter Eric Westervelt, CENTCOM searched for records responsive to Smith's request and disclosed an 85-page redacted Manual of the Judge Advocate (JAGMAN Report) in response to his request. CENTCOM conducted two electronic searches, finding that only the JAGMAN Report was responsive to Smith's request. After reviewing the two searches CENTCOM conducted, NPR suggested that it conduct further physical and electronic searches in additional locations. CENTCOM was in the process of conducting a third search ordered by the magistrate judge, but it did not address NPR's request to search other locations. Nevertheless, Judge Michael Anello indicated that "although CENTCOM did not search any additional locations proposed by Plaintiffs, the Court finds that it met its burden to follow all leads and clearly explained its decision about the scope of its search in [the agency'] declarations, including the fact that all records from the Iraq war were archived electronically, making a manual search unnecessary. Anello commented that "here, CENTCOM's searches were, on their face, reasonable. The fact that they did not ultimately result in the identification of some documents Plaintiffs hoped to recover does not undermine the reasonableness of CENTCOM's searches." NPR asked Anello to issue a declaratory judgement that CENTCOM had intentionally violated FOIA by missing its time limits. However, Anello indicated that "this statement alone does not convince the Court that CENTCOM has a 'pattern or practice' of violating FOIA's time limits."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2021-06-09	1	COMPLAINT 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)
2021-06-09	2	Summons 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)
2021-06-09	3	NOTICE of Party With Financial Interest by National Public Radio, Inc., Graham Smith . No Parties With Financial Interest. (Burke, Thomas) (tcf). (Entered: 06/09/2021)
2021-06-15	4	Request 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)
2021-06-16	5	ORDER 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)
2021-08-02	6	MOTION 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)
2021-08-30	7	RESPONSE 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)
2021-09-03	8	REPLY 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)
2021-09-07	9	Minute 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)
2021-11-04	10	MOTION 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)
2021-11-05	11	ORDER 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)
2021-11-10	12	ORDER 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)
2021-11-12	13	NOTICE 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)
2021-11-12	14	ORDER (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)
2021-11-23	15	ANSWER 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)
2021-11-30	16	Joint MOTION for Discovery Stipulation and Joint Motion to Vacate Discovery Obligations by U.S. Central Command, U.S. Department of Defense. (Church, Rebecca) (tcf). (Entered: 11/30/2021)
2021-11-30	17	ORDER Granting In Part 16 Joint Motion to Vacate Discovery Deadlines. The Court will incorporate additional case management scheduling components into the parties' Confidential ENE Statements. Signed by Magistrate Judge Allison H. Goddard on 11/30/2021. (hmw) (Entered: 11/30/2021)
2021-12-15	18	Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Early Neutral Evaluation Conference and Case Management Conference held on 12/15/2021. The case did not settle. However, the Court will continue to assist the parties narrow issues for summary judgment. Written Order to issue. (Plaintiff Attorneys Thomas Rohlfs Burke and Caesar D. Kalinowski). (Defendant Attorney Rebecca Grace Church). (no document attached) (hmw) (Entered: 12/15/2021)
2021-12-15	19	SCHEDULING ORDER: The Court set deadlines for email exchanges and motions for summary judgment. Status Conference set for 2/16/2022 at 9:30 AM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 12/15/2021.(hmw) (Entered: 12/15/2021)
2022-02-16	20	Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Status Conference and Second Early Neutral Evaluation Conference held on 2/16/2022. The Court will continue to assist the parties narrow issues for summary judgment by issuing a Mediator's Proposal with supplemental search terms and considering amending the summary judgment briefing schedule. (Plaintiff Attorneys Thomas Rohlfs Burke, Caesar D. Kalinowski, and Jean Fundakowski). (Defendant Attorneys Douglas Keehn and Rebecca Grace Church). (no document attached) (hmw) (Entered: 02/16/2022)
2022-02-28	21	FIRST AMENDED SCHEDULING ORDER. Signed by Magistrate Judge Allison H. Goddard on 2/28/2022.(hmw) (Entered: 02/28/2022)
2022-03-30	22	NOTICE of Withdrawal of Counsel by U.S. Central Command, U.S. Department of Defense (Church, Rebecca) (tcf). (Entered: 03/30/2022)
2022-04-06	23	MOTION for Summary Judgment by U.S. Central Command, U.S. Department of Defense. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Statement of Facts)(Keehn, Douglas) (tcf). (Entered: 04/06/2022)
2022-04-19	24	***Document withdrawn per ECF 25 *** Ex Parte MOTION to Vacate 21 Order Setting Briefing Schedule by National Public Radio, Inc., Graham Smith. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Thomas R. Burke, # 3 Exhibit Nos. 1-7 to Declaration of Thomas R. Burke)(Burke, Thomas) (tcf). Modified to withdraw on 4/21/2022 (tcf). (Entered: 04/19/2022)
2022-04-20	25	NOTICE OF WITHDRAWAL OF DOCUMENT by National Public Radio, Inc., Graham Smith re 24 Ex Parte MOTION to Vacate 21 Order Setting Briefing Schedule filed by National Public Radio, Inc., Graham Smith . (Burke, Thomas) (tcf). (Entered: 04/20/2022)
2022-04-20	26	Joint MOTION to Vacate 21 Order Setting Briefing Schedule / Opposed Joint Motion to Vacate First Amended Scheduling Order by National Public Radio, Inc., Graham Smith. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Thomas R. Burke, # 3 Exhibit Exhibit Nos. 1-7)(Burke, Thomas) (tcf). (Entered: 04/20/2022)
2022-04-21	27	ORDER Resolving 26 Opposed Joint Motion Regarding Briefing Schedule, and Granting Plaintiffs' Motion to Vacate Scheduling Order. All briefing schedule deadlines, including the 7/11/2022 hearing before Judge Anello, are VACATED. Status Videoconference set for 5/10/2022 at 2:00 PM before Magistrate Judge Allison H. Goddard. Joint email update due 5/6/2022. Signed by Magistrate Judge Allison H. Goddard on 4/21/2022. (hmw) (Entered: 04/21/2022)
2022-05-10	28	Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Status Conference, regarding Defendants' third search, held on 5/10/2022. (ECR: conference recorded on the Court's Videoconference Software. 2:05-2:09). (Plaintiff Attorneys Jean Fundakowski and Thomas Rohlfs Burke). (Defendant Attorneys Douglas Keehn and Leslie Gardner). (no document attached) (hmw) (Entered: 05/10/2022)
2022-05-10	29	ORDER Setting Status Conference. Status videoconference set for 6/27/2022 at 10:00 AM before Magistrate Judge Allison H. Goddard. Joint email regarding disputes due 6/24/2022 at 1:00 PM (no email required if the parties do not have any disputes). Signed by Magistrate Judge Allison H. Goddard on 5/10/2022.(hmw) (Entered: 05/10/2022)
2022-06-27	30	Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Status Conference, regarding Defendants' third search, held on 6/27/2022. Based on the representations of counsel, the Court will issue an updated scheduling order. (Plaintiff Attorney Jean Fundakowski). (Defendant Attorneys Douglas Keehn and Leslie Gardner). (no document attached) (hmw) (Entered: 06/27/2022)
2022-06-27	31	SECOND AMENDED SCHEDULING ORDER. Motion Hearing tentatively set for 11/29/2022 at 2:30 PM in Courtroom 3C before Judge Michael M. Anello. Upon completion of the briefing, Judge Anello will issue a Minute Order either confirming the hearing or vacating the hearing and taking the matters under submission. Signed by Magistrate Judge Allison H. Goddard on 6/27/2022.(hmw) (Entered: 06/27/2022)
2022-09-01	32	RESPONSE in Opposition re 23 MOTION for Summary Judgment Plaintiffs Omnibus Opposition to Defendants Motion for Summary Judgment and Cross-Motion for Summary Judgment filed by National Public Radio, Inc., Graham Smith. (Attachments: # 1 Declaration of Jean M. Fundakowski, # 2 Exhibit 1 to Fundakowski Declaration, # 3 Exhibit 2 to Fundakowski Declaration, # 4 Exhibit 3 to Fundakowski Declaration, # 5 Exhibit 4 to Fundakowski Declaration, # 6 Exhibit 5 to Fundakowski Declaration, # 7 Exhibit 6 to Fundakowski Declaration, # 8 Exhibit 7 to Fundakowski Declaration, # 9 Exhibit 8 to Fundakowski Declaration, # 10 Exhibit 9 to Fundakowski Declaration, # 11 Exhibit 10 to Fundakowski Declaration, # 12 Declaration of Graham Smith, # 13 Exhibit 1 to Smith Declaration, # 14 Exhibit 2 to Smith Declaration, # 15 Exhibit 3 to Smith Declaration, # 16 Exhibit 4 to Smith Declaration, # 17 Exhibit 5 to Smith Declaration, # 18 Exhibit 6 to Smith Declaration, # 19 Declaration of Thomas Wagoner, # 20 Exhibit 1 to Wagoner Declaration, # 21 Exhibit 2 to Wagoner Declaration, # 22 Exhibit 3 to Wagoner Declaration, # 23 Exhibit 4 to Wagoner Declaration, # 24 Statement of Uncontroverted Facts and Conclusions of Law, # 25 Statement of Genuine Issues of Material Fact, # 26 Proposed Order)(Burke, Thomas) QC mailer sent re: proposed order attached (tcf). (Entered: 09/01/2022)
2022-10-03	33	REPLY to Response to Motion re 23 MOTION for Summary Judgment and OPPOSITION to 32 Plaintiffs' Cross-Motion for Summary Judgment filed by U.S. Central Command, U.S. Department of Defense. (Attachments: # 1 US Reply Att 1 - Stipulation (Apr. 6, 2022), # 2 US Reply Att 2 - Stipulation (May 16, 2022), # 3 US Reply Att 3 - Correspondence (Feb. 11, 2022))(Keehn, Douglas) (tcf). (Entered: 10/03/2022)
2022-10-17	34	REPLY - Other re 32 Response in Opposition to Motion, filed by National Public Radio, Inc., Graham Smith. (Burke, Thomas) (tcf). (Entered: 10/17/2022)
2022-10-20	35	Minute Order Vacating and Resetting Hearing Date : The Court VACATES the previously scheduled November 29, 2022 hearing date on the parties' cross-motions for summary judgment. The Court RESETS the hearing to December 12, 2022 at 2:30 p.m. in Courtroom 3C . IT IS SO ORDERED by Judge Michael M. Anello on October 20, 2022. (lkg) (Entered: 10/20/2022)
2022-11-28	36	NOTICE of Change of Address by Thomas Rohlfs Burke (Burke, Thomas) (tcf). (Entered: 11/28/2022)
2022-11-28	37	NOTICE of Appearance by Jean M. Fundakowski on behalf of National Public Radio, Inc., Graham Smith (Fundakowski, Jean)Attorney Jean M. Fundakowski added to party National Public Radio, Inc. (pty:pla), Attorney Jean M. Fundakowski added to party Graham Smith(pty:pla) (tcf). (Entered: 11/28/2022)
2022-12-05	38	Notice and Order Providing Tentative Ruling re Cross Motions for Summary Judgment. 23 MOTION for Summary Judgment filed by U.S. Central Command, U.S. Department of Defense. Signed by Judge Michael M. Anello on 12/5/2022.(ave) (Entered: 12/05/2022)
2022-12-12	39	Minute Entry for proceedings held before Judge Michael M. Anello: Motion Hearing re 23 Motion for Summary Judgment held on 12/12/2022. Matter taken under submission. Court to issue order. (Court Reporter Juliet Eichenlaub). (Plaintiff Attorney Jean M. Fundakowski and Thomas Rohlfs Burke). (Defense Attorney Douglas Keehn). (no document attached) (pdc) (Entered: 12/13/2022)
2022-12-19	40	ORDER Affirming Tentative Rulings Re: Defendants' Motion for Summary Judgment and Plaintiffs' Cross-Motion for Summary Judgment - granting 23 Motion for Summary Judgment. Signed by Judge Michael M. Anello on 12/19/2022. (ave) (Entered: 12/19/2022)
2022-12-19	41	CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED - The Court Grants Defendants' motion for summary judgment and Denies Plaintiffs' cross-motion for summary judgment. In addition, Plaintiffs' request for attorney's fees and costs is Denied, as they are not the prevailing party.(ave) (Entered: 12/19/2022)
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