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Case TitleNATIONAL PUBLIC RADIO, INC. et al v. U.S. CENTRAL COMMAND et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv00670
Date Filed2022-03-10
Date Closed2023-12-15
JudgeJudge Christopher R. Cooper
PlaintiffNATIONAL PUBLIC RADIO, INC.
PlaintiffPUBLIC BROADCASTING OF COLORADO, INC.
doing business as COLORADO PUBLIC RADIO
Case DescriptionNational Public Radio and Public Broadcasting of Colorado submitted 10 FOIA requests to U.S. Central Command, the Department of the Air Force, and the Department of the Army for records concerning health questionnaires given to all service members who were at K2, a Soviet era air base in southeastern Uzbekistan, between June 6, 2002 and July 30, 2002 with personal information redacted. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, NPR filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantU.S. CENTRAL COMMAND
DefendantU.S. DEPARTMENT OF THE AIR FORCE
DefendantU.S. DEPARTMENT OF THE ARMY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-03-101COMPLAINT against U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE ARMY ( Filing fee $ 402 receipt number ADCDC-9095933) filed by NATIONAL PUBLIC RADIO, INC., PUBLIC BROADCASTING OF COLORADO, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Civil Cover Sheet, # 7 Summons CENTCOM, # 8 Summons Army, # 9 Summons Air Force, # 10 Summons Attorney General, # 11 Summons U.S. Attorney)(Mishkin, Maxwell) (Entered: 03/10/2022)
2022-03-102LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL PUBLIC RADIO, INC. (Mishkin, Maxwell) (Entered: 03/10/2022)
2022-03-103LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PUBLIC BROADCASTING OF COLORADO, INC. (Mishkin, Maxwell) (Entered: 03/10/2022)
2022-03-104REQUEST FOR SUMMONS TO ISSUE re 1 Complaint,, filed by NATIONAL PUBLIC RADIO, INC., PUBLIC BROADCASTING OF COLORADO, INC.. Related document: 1 Complaint,, filed by PUBLIC BROADCASTING OF COLORADO, INC., NATIONAL PUBLIC RADIO, INC.. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(Mishkin, Maxwell) (Entered: 03/10/2022)
2022-03-14Case Assigned to Judge Christopher R. Cooper. (zsb) (Entered: 03/14/2022)
2022-03-155SUMMONS (5) Issued Electronically as to U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE ARMY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 03/15/2022)
2022-03-17SUMMONS (1) REISSUED as to U.S. DEPARTMENT OF THE AIR FORCE. (ztth) (Entered: 03/17/2022)
2022-03-226RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/16/2022. Answer due for ALL FEDERAL DEFENDANTS by 4/15/2022. (Mishkin, Maxwell) (Entered: 03/22/2022)
2022-04-087NOTICE of Appearance by John Haberland on behalf of U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE ARMY (Haberland, John) (Entered: 04/08/2022)
2022-04-088Consent MOTION for Extension of Time to Answer by U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 04/08/2022)
2022-04-12MINUTE ORDER granting 8 Motion for Extension of Time. Defendants shall answer or otherwise respond to plaintiffs' complaint by May 16, 2022. Signed by Judge Christopher R. Cooper on 4/12/2022. (lccrc2) (Entered: 04/12/2022)
2022-05-169ANSWER to Complaint by U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE ARMY.(Haberland, John) (Entered: 05/16/2022)
2022-05-16MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties promptly confer and file a joint proposed schedule for briefing or disclosure by May 31, 2022. Signed by Judge Christopher R. Cooper on 5/16/2022. (lccrc2) (Entered: 05/16/2022)
2022-05-3110Joint STATUS REPORT by U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 05/31/2022)
2022-06-02MINUTE ORDER: In light of the parties' 10 Joint Status Report, the parties shall file a further joint status report with a proposed schedule for production of responsive records by August 1, 2022. Signed by Judge Christopher R. Cooper on 6/2/2022. (lccrc2) (Entered: 06/02/2022)
2022-08-0111NOTICE of Appearance by Matthew E. Kelley on behalf of All Plaintiffs (Kelley, Matthew) (Entered: 08/01/2022)
2022-08-0112Joint STATUS REPORT by NATIONAL PUBLIC RADIO, INC., PUBLIC BROADCASTING OF COLORADO, INC.. (Kelley, Matthew) (Entered: 08/01/2022)
2022-08-10MINUTE ORDER: The Court has reviewed the parties' latest 9 Joint Status Report. The parties are hereby directed to file a further joint status report by September 9, 2022. That report shall include the number of potentially responsive pages U.S. Central Command has identified for review, the anticipated timeline for review and production of that material, and additional detail regarding why U.S. Central Command cannot begin production until January 2023. Signed by Judge Christopher R. Cooper on 8/10/2022. (lccrc2) (Entered: 08/10/2022)
2022-09-0913Joint STATUS REPORT by U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order, # 2 Declaration)(Haberland, John) (Entered: 09/09/2022)
2022-09-12MINUTE ORDER: The Court has reviewed the parties' latest 13 Joint Status Report. At this time, the Court declines to order an increased processing rate for the reasons set forth in the Defendants' section of the Joint Status Report and the attached declaration. The parties shall file a further Joint Status Report by November 1, 2022. Signed by Judge Christopher R. Cooper on 9/12/2022. (lccrc2) (Entered: 09/12/2022)
2022-11-0114Joint STATUS REPORT by U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 11/01/2022)
2022-11-01MINUTE ORDER: In light of the parties' 14 Joint Status Report, the parties shall file a further Joint Status Report by December 2, 2022. Signed by Judge Christopher R. Cooper on 11/1/2022. (lccrc2) (Entered: 11/01/2022)
2022-12-0215Joint STATUS REPORT by U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 12/02/2022)
2022-12-02MINUTE ORDER: In light of the parties' 15 Joint Status Report, the parties shall file a further Joint Status Report by January 3, 2023. Signed by Judge Christopher R. Cooper on 12/2/2022. (lccrc2) (Entered: 12/02/2022)
2023-01-0316Joint STATUS REPORT by U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 01/03/2023)
2023-01-04MINUTE ORDER: In light of the parties' 16 Joint Status Report, the parties shall file a further Joint Status Report by February 15, 2023. Signed by Judge Christopher R. Cooper on 1/4/2023. (lccrc2) (Entered: 01/04/2023)
2023-02-1517Joint STATUS REPORT by U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 02/15/2023)
2023-02-15MINUTE ORDER: In light of the parties' 17 Joint Status Report, the parties shall submit a further report by March 15, 2023. If disputes remain, the parties shall propose a schedule for summary judgment briefing in the March 15 report or an explanation as to why a briefing schedule should not be entered. Signed by Judge Christopher R. Cooper on 2/15/2023. (lccrc2) (Entered: 02/15/2023)
2023-03-1518Joint STATUS REPORT by NATIONAL PUBLIC RADIO, INC., PUBLIC BROADCASTING OF COLORADO, INC.. (Attachments: # 1 Text of Proposed Order)(Mishkin, Maxwell) (Entered: 03/15/2023)
2023-03-16MINUTE ORDER: In light of the parties' 18 Joint Status Report, the Court adopts the parties' proposed briefing schedule. Defendants' motion for summary judgment shall be submitted by May 12, 2023; Plaintiffs' combined opposition and cross-motion for summary judgment shall be submitted by June 16, 2023; Defendants' combined opposition and reply shall be submitted by July 14, 2023; and Plaintiffs' reply shall be submitted by August 4, 2023. Signed by Judge Christopher R. Cooper on 3/16/2023. (lccrc2) (Entered: 03/16/2023)
2023-03-16Set/Reset Deadlines: Summary Judgment motions due by 5/12/2023. Response to Motion for Summary Judgment due by 6/16/2023. Cross Motions due by 6/16/2023. Reply to Motion for Summary Judgment due by 7/14/2023. Response to Cross Motions due by 7/14/2023. Reply to Cross Motions due by 8/4/2023. (nbn) (Entered: 03/17/2023)
2023-05-0819Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Haberland, John) (Entered: 05/08/2023)
2023-05-09MINUTE ORDER granting Defendants' 19 Motion for Extension of Time to File Motion for Summary Judgment. Defendants' motion for summary judgment shall be submitted by June 2, 2023; Plaintiffs' combined opposition and cross-motion for summary judgment shall be submitted by July 7, 2023; Defendants' combined opposition and reply shall be submitted by August 4, 2023; and Plaintiffs' reply shall be submitted by August 25, 2023. Signed by Judge Christopher R. Cooper on 5/9/2023. (lccrc2) (Entered: 05/09/2023)
2023-05-3020NOTICE OF SUBSTITUTION OF COUNSEL by Patrick Doyle on behalf of U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE ARMY Substituting for attorney John Haberland (Doyle, Patrick) (Entered: 05/30/2023)
2023-05-3121Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 05/31/2023)
2023-05-31MINUTE ORDER granting Defendants' 21 Motion for Extension of Time to File Motion for Summary Judgment. Defendants' motion for summary judgment shall be submitted by June 23, 2023; Plaintiffs' combined opposition and cross-motion for summary judgment shall be submitted by July 28, 2023; Defendants' combined opposition and reply shall be submitted by August 25, 2023; and Plaintiffs' reply shall be submitted by September 15, 2023. Further requests to extend this deadline will be viewed with disfavor and may not be granted. Signed by Judge Christopher R. Cooper on 5/31/2023. (lccrc2) (Entered: 05/31/2023)
2023-06-2322MOTION for Summary Judgment by U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Declaration Barroner, # 5 Declaration Bonsall, # 6 Declaration Christian, # 7 Declaration Credle, # 8 Declaration Heron, # 9 Declaration Korman, # 10 Declaration Lowe, # 11 Declaration Mitchell, # 12 Declaration Silva, # 13 Exhibit 1, # 14 Exhibit 2, # 15 Exhibit 3)(Doyle, Patrick) (Entered: 06/23/2023)
2023-07-2823Memorandum in opposition to re 22 Motion for Summary Judgment,, filed by NATIONAL PUBLIC RADIO, INC., PUBLIC BROADCASTING OF COLORADO, INC.. (Attachments: # 1 Response to Defendants' Statement of Undisputed Material Facts, # 2 Decl. of Maxwell S. Mishkin, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Proposed Order)(Mishkin, Maxwell) (Entered: 07/28/2023)
2023-07-2824Cross MOTION for Summary Judgment by NATIONAL PUBLIC RADIO, INC., PUBLIC BROADCASTING OF COLORADO, INC.. (Attachments: # 1 Memorandum of Law, # 2 Statement of Undisputed Material Facts, # 3 Decl. of Maxwell S. Mishkin, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Proposed Order)(Mishkin, Maxwell) (Entered: 07/28/2023)
2023-08-2325MOTION for Extension of Time to File Response/Reply as to 24 Cross MOTION for Summary Judgment by U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 08/23/2023)
2023-08-24MINUTE ORDER granting 25 Defendants' Motion for Extension of Time to File Response/Reply as to 24 Plaintiffs' Cross Motion for Summary Judgment and in support of 22 Defendants' Motion for Summary Judgment. Defendants' combined opposition and reply shall be submitted by September 15, 2023, and Plaintiffs' reply in support of their cross-motion, if any, shall be submitted by October 6, 2023. Further requests to extend this deadline will be viewed with disfavor and may not be granted. Signed by Judge Christopher R. Cooper on 8/24/2023. (lccrc2) (Entered: 08/24/2023)
2023-09-1526Consent MOTION for Extension of Time to File Response/Reply as to 24 Cross MOTION for Summary Judgment by U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Text of Proposed Order)(Doyle, Patrick) (Entered: 09/15/2023)
2023-09-18MINUTE ORDER granting 26 Defendants' Motion for Extension of Time to File Response/Reply as to 24 Plaintiffs' Cross Motion for Summary Judgment and in support of 22 Defendants' Motion for Summary Judgment. Defendants' combined opposition and reply shall be submitted by September 29, 2023, and Plaintiffs' reply in support of their cross-motion, if any, shall be submitted by October 20, 2023. Signed by Judge Christopher R. Cooper on 9/18/2023. (lccrc2) (Entered: 09/18/2023)
2023-09-2927REPLY to opposition to motion re 22 MOTION for Summary Judgment , 24 Cross MOTION for Summary Judgment filed by U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Declaration, # 2 Statement of Facts)(Doyle, Patrick) (Entered: 09/29/2023)
2023-09-2928Memorandum in opposition to re 24 Motion for Summary Judgment,, filed by U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE ARMY. (Attachments: # 1 Declaration, # 2 Statement of Facts)(Doyle, Patrick) (Entered: 09/29/2023)
2023-10-1329Consent MOTION for Extension of Time to File Response/Reply as to 24 Cross MOTION for Summary Judgment by NATIONAL PUBLIC RADIO, INC., PUBLIC BROADCASTING OF COLORADO, INC.. (Attachments: # 1 Text of Proposed Order)(Mishkin, Maxwell) (Entered: 10/13/2023)
2023-10-16MINUTE ORDER granting 29 Plaintiffs' Motion for Extension of Time to File Response/Reply. Plaintiffs' reply in support of 24 Plaintiffs' Cross Motion for Summary Judgment shall be due by November 17, 2023. No further extensions of this deadline will be granted. Signed by Judge Christopher R. Cooper on 10/16/2023. (lccrc2) (Entered: 10/16/2023)
2023-11-1630Joint STATUS REPORT by NATIONAL PUBLIC RADIO, INC., PUBLIC BROADCASTING OF COLORADO, INC.. (Mishkin, Maxwell) (Entered: 11/16/2023)
2023-11-17MINUTE ORDER: In light of the parties' 30 Joint Status Report, the Court hereby vacates the deadline set forth in its October 16, 2023 minute order. The parties shall submit a joint status report on or by December 18, 2023, unless this case is dismissed before that date. Signed by Judge Christopher R. Cooper on 11/17/2023. (lccrc2) (Entered: 11/17/2023)
2023-12-1531STIPULATION of Dismissal by U.S. CENTRAL COMMAND, U.S. DEPARTMENT OF THE AIR FORCE, U.S. DEPARTMENT OF THE ARMY. (Doyle, Patrick) (Entered: 12/15/2023)
2023-12-15MINUTE ORDER: In light of 31 Stipulation of Dismissal, this case is hereby dismissed with prejudice. Signed by Judge Christopher R. Cooper on 12/15/2023. (lccrc2) (Entered: 12/15/2023)
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