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Case TitleNational Public Radio, Inc. et al v. Federal Bureau of Investigation et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2019cv04126
Date Filed2019-07-17
Date Closed2020-04-08
JudgeMagistrate Judge Laurel Beeler
PlaintiffNational Public Radio, Inc.
PlaintiffEric Westervelt
Case DescriptionNational Public Radio reporter Eric Westervelt submitted a FOIA request to the FBI for records concerning the investigation of the 1965 attack on Rev. James Reeb of Boston, and Clark Olsen of Berkeley in Selma that resulted in Reeb's death. Westervelt also requested a fee waiver. The FBI acknowledged receipt of the request and told Westervelt it would disclose 145 pages of previously released records. Westervelt filed an administrative appeal, arguing that there were more responsive records. Graham Smith, a producer at NPR, also submitted a FOIA request to the National Archives and Records Administration for records pertaining to Selma. The agency acknowledged receipt of the request and told Smith it had located responsive records. However, after hearing nothing further from either agency, NPR filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFederal Bureau of Investigation
DefendantU.S. Department of Justice
DefendantNational Archives & Records Administration
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-07-171COMPLAINT for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. section 552 et seq. against All Defendants. Filed byNational Public Radio, Inc., Eric Westervelt. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet)(Burke, Thomas) (Filed on 7/17/2019) Filing Fee paid with receipt number 0971-13529032. Modified on 7/18/2019 (srnS, COURT STAFF). (Entered: 07/17/2019)
2019-07-172Proposed Summons. (Burke, Thomas) (Filed on 7/17/2019) (Entered: 07/17/2019)
2019-07-183Case assigned to Magistrate Judge Laurel Beeler. 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 8/1/2019. (srnS, COURT STAFF) (Filed on 7/18/2019) (Entered: 07/18/2019)
2019-07-184Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/10/2019. Initial Case Management Conference set for 10/17/2019 11:00 AM in San Francisco, Courtroom B, 15th Floor. (fabS, COURT STAFF) (Filed on 7/18/2019) (Entered: 07/18/2019)
2019-07-185Summons Issued as to Federal Bureau of Investigation, National Archives & Records Administration, U.S. Department of Justice, U.S. Attorney and U.S. Attorney General (fabS, COURT STAFF) (Filed on 7/18/2019) (Entered: 07/18/2019)
2019-08-016NOTICE of Appearance by Emmet P. Ong (Ong, Emmet) (Filed on 8/1/2019) (Entered: 08/01/2019)
2019-08-017AFFIDAVIT of Service for Summons & Complaint, Etc. served on U.S. Department of Justice - Washington D.C. on 07/19/2019, filed by National Public Radio, Inc., Eric Westervelt. (Burke, Thomas) (Filed on 8/1/2019) (Entered: 08/01/2019)
2019-08-018AFFIDAVIT of Service for Summons & Complaint, Etc. served on U.S. Department of Justice - San Francisco, CA on 07/19/2019, filed by National Public Radio, Inc., Eric Westervelt. (Burke, Thomas) (Filed on 8/1/2019) (Entered: 08/01/2019)
2019-08-019AFFIDAVIT of Service for Summons & Complaint, Etc. served on Federal Bureau of Investigation - Washington D.C. on 07/19/2019, filed by National Public Radio, Inc., Eric Westervelt. (Burke, Thomas) (Filed on 8/1/2019) (Entered: 08/01/2019)
2019-08-0110AFFIDAVIT of Service for Summons & Complaint, Etc. served on Federal Bureau of Investigation - San Francisco, CA on 07/19/2019, filed by National Public Radio, Inc., Eric Westervelt. (Burke, Thomas) (Filed on 8/1/2019) (Entered: 08/01/2019)
2019-08-0111AFFIDAVIT of Service for Summons & Complaint, Etc. served on National Archives & Records Administration - Washington D.C. on 07/23/2019, filed by National Public Radio, Inc., Eric Westervelt. (Burke, Thomas) (Filed on 8/1/2019) (Entered: 08/01/2019)
2019-08-0112AFFIDAVIT of Service for Summons & Complaint, Etc. served on National Archives & Records Administration - College Park, MD on 07/29/2019, filed by National Public Radio, Inc., Eric Westervelt. (Burke, Thomas) (Filed on 8/1/2019) (Entered: 08/01/2019)
2019-08-0113CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. 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. Consent/Declination due by 8/15/2019 . (ejkS, COURT STAFF) (Filed on 8/1/2019) (Entered: 08/01/2019)
2019-08-0114CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by National Public Radio, Inc., Eric Westervelt.. (Burke, Thomas) (Filed on 8/1/2019) (Entered: 08/01/2019)
2019-08-1415CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Federal Bureau of Investigation, National Archives & Records Administration, U.S. Department of Justice.. (Ong, Emmet) (Filed on 8/14/2019) (Entered: 08/14/2019)
2019-08-1516STIPULATION to Extend Time to Respond to Complaint filed by Federal Bureau of Investigation, National Archives & Records Administration, U.S. Department of Justice. (Ong, Emmet) (Filed on 8/15/2019) (Entered: 08/15/2019)
2019-09-1717STIPULATION WITH PROPOSED ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT AND CONTINUE CMC filed by Federal Bureau of Investigation, National Archives & Records Administration, U.S. Department of Justice. (Attachments: # 1 Declaration Declaration of Emmet P. Ong)(Ong, Emmet) (Filed on 9/17/2019) (Entered: 09/17/2019)
2019-09-1818Order by Magistrate Judge Laurel Beeler granting 17 Stipulation to Extend Time to Respond to Complaint and Continue Initial Case Management Conference. Deadline for Defendants to answer or otherwise respond to the Complaint is 11/4/2019. Deadline for parties to meet and confer is extended to 11/26/2019. Initial Case Management Conference previously set for 10/17/2019 is reset to 12/19/2019 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 12/12/2019. (ejkS, COURT STAFF) (Filed on 9/18/2019) (Entered: 09/18/2019)
2019-11-0119STIPULATION WITH PROPOSED ORDER TO EXTEND DEADLINES AND CONTINUE INITIAL CASE MANAGEMENT CONFERENCE filed by Federal Bureau of Investigation, National Archives & Records Administration, U.S. Department of Justice. (Attachments: # 1 Declaration OF EMMET P. ONG)(Ong, Emmet) (Filed on 11/1/2019) (Entered: 11/01/2019)
2019-11-0420Order by Magistrate Judge Laurel Beeler granting 19 Stipulation to Extend Time to Respond to Complaint and Continue Initial Case Management Conference. Deadline for Defendants to answer or otherwise respond to the Complaint is 12/16/2019. Deadline for parties to meet and confer is extended to 1/9/2020. Initial Case Management Conference previously set for 12/19/2019 is reset to 1/30/2020 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 1/23/2020. (ejkS, COURT STAFF) (Filed on 11/4/2019) (Entered: 11/04/2019)
2019-12-1321STIPULATION WITH PROPOSED ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT AND CONTINUE INITIAL CASE MANAGEMENT CONFERENCE filed by Federal Bureau of Investigation, National Archives & Records Administration, U.S. Department of Justice. (Ong, Emmet) (Filed on 12/13/2019) (Entered: 12/13/2019)
2019-12-1622Order by Magistrate Judge Laurel Beeler granting 21 Stipulation to Extend Time to Respond to Complaint and Continue Initial Case Management Conference. Deadline for Defendants to answer or otherwise respond to the Complaint is extended to 2/10/2020. Deadline for parties to meet and confer is extended to 2/20/2020. Initial Case Management Conference previously set for 1/30/2020 is reset to 3/12/2020 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 3/5/2020. (ejkS, COURT STAFF) (Filed on 12/16/2019) (Entered: 12/16/2019)
2020-01-3023NOTICE of Change of Address by Emmet P. Ong (Ong, Emmet) (Filed on 1/30/2020) (Entered: 01/30/2020)
2020-02-0624STIPULATION WITH PROPOSED ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT AND CONTINUE INITIAL CASE MANAGEMENT CONFERENCE filed by Federal Bureau of Investigation, National Archives & Records Administration, U.S. Department of Justice. (Ong, Emmet) (Filed on 2/6/2020) (Entered: 02/06/2020)
2020-02-0625CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME: Initial Case Management Conference set for 3/12/2020 at 11:00 AM is reset to 9:30 AM in San Francisco, Courtroom B, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 2/6/2020) (Entered: 02/06/2020)
2020-02-0626Order by Magistrate Judge Laurel Beeler granting 24 Stipulation to Extend Time to Respond to Complaint and Continue Initial Case Management Conference. Deadline for Defendants to answer or otherwise respond to the Complaint is extended to 3/23/2020. Deadline for parties to meet and confer is extended to 4/2/2020. Initial Case Management Conference previously set for 3/12/2020 is reset to 4/23/2020 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 4/16/2020. (ejkS, COURT STAFF) (Filed on 2/6/2020) (Entered: 02/06/2020)
2020-03-1827CLERK'S NOTICE RE: CASE MANAGEMENT CONFERENCE / MOTION HEARING: Through at least May 1, 2020, the court (under the new General Orders 72 and 73, available at https://cand.uscourts.gov/notices/information-regarding-covid-19) will not have any in-person civil case-management conferences or civil-motions hearings and instead will have telephonic appearances or decide the matters on the papers. For now, the court is converting all appearances to telephone appearances but may on a case-by-case basis take things off calendar. For motions hearings, the court is open to hearings by Skype for Business or Google Hangouts (and may be able to use Zoom eventually). Telephonic appearances generally are by CourtCall, but the court also circulates the following conference number, which can accommodate up to 200 people and allow the equivalent of a public hearing by telephone: Dial In: 877-336-1839 Access Code: 8191201# Security Code: 200423# (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 3/18/2020) (Entered: 03/18/2020)
2020-03-1928CLERK'S NOTICE RE: UPDATED CALL-IN INFORMATION FOR CMC/MOTION HEARING: The court circulates the following conference number to allow the equivalent of a public hearing by telephone: Dial In: 877-336-1839 Access Code: 8191201# (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 3/19/2020) (Entered: 03/19/2020)
2020-04-0329ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cmf, COURT STAFF) (Filed on 4/3/2020) (Entered: 04/03/2020)
2020-04-0330STIPULATION WITH PROPOSED ORDER VACATING DATES filed by Federal Bureau of Investigation, National Archives & Records Administration, U.S. Department of Justice. (Ong, Emmet) (Filed on 4/3/2020) (Entered: 04/03/2020)
2020-04-0331Order by Magistrate Judge Laurel Beeler granting 30 Stipulation. In light of the status report, the court continues the initial CMC from 4/23/2020 to 5/14/2020 at 9:30 a.m. to avoid losing track of the case, and directs the filing of a stipulated dismissal or a short update by 5/1/2020. (ejkS, COURT STAFF) (Filed on 4/3/2020) (Entered: 04/03/2020)
2020-04-0732STIPULATION WITH PROPOSED ORDER REGARDING SETTLEMENT AND DISMISSAL filed by Federal Bureau of Investigation, National Archives & Records Administration, U.S. Department of Justice. (Ong, Emmet) (Filed on 4/7/2020) (Entered: 04/07/2020)
2020-04-0833Order by Magistrate Judge Laurel Beeler granting 32 Stipulation Regarding Settlement and Dismissal. (ejkS, COURT STAFF) (Filed on 4/8/2020) (Entered: 04/08/2020)
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