| Date Filed | Doc # | Docket Text |
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| 2022-06-08 | 1 | COMPLAINT Against Naval Criminal Investigative Service, U.S. Department of the Navy, U.S. Department of Defense (Filing fee $402.00 receipt number ACASDC-16895116.), filed by Voice of San Diego, Will Huntsberry. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A-02/02/22 Initial Response, # 3 Exhibit B-04/27/22 NCIS Response) The new case number is 3:22-cv-834-BTM-RBB. Judge Barry Ted Moskowitz and Magistrate Judge Ruben B. Brooks are assigned to the case. (Burke, Thomas)(cxt) (Entered: 06/08/2022) |
| 2022-06-08 | 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. (cxt) (Entered: 06/08/2022) |
| 2022-06-08 | 3 | NOTICE of Party With Financial Interest by Will Huntsberry, Voice of San Diego re 1 Complaint, . No Parties With Financial Interest. (Burke, Thomas) (sjt). (Entered: 06/08/2022) |
| 2022-06-22 | 4 | **DOCUMENT WITHDRAWN PER NOTICE 5 ** AFFIDAVIT of Service for Summons, Complaint, Civil Cover Sheet, Notice of Party with Financial Interest served on U.S. Department of Justice on June 14, 2022, filed by Voice of San Diego. (MacLaren, Selina) (QC mailer sent re: wrong event selected. Atty instructed to withdraw and refile) (sjt). Modified to withdraw on 6/27/2022 (sjt). (Entered: 06/22/2022) |
| 2022-06-24 | 5 | NOTICE OF WITHDRAWAL OF DOCUMENT by Will Huntsberry, Voice of San Diego re 4 Affidavit of Service, filed by Voice of San Diego . (MacLaren, Selina) (sjt). (Entered: 06/24/2022) |
| 2022-06-29 | 6 | SUMMONS Returned Executed by Voice of San Diego, Will Huntsberry. Naval Criminal Investigative Service served. (MacLaren, Selina)(jms). (Entered: 06/29/2022) |
| 2022-06-29 | 7 | SUMMONS Returned Executed by Voice of San Diego, Will Huntsberry. Naval Criminal Investigative Service served. (MacLaren, Selina) (jms). (Entered: 06/29/2022) |
| 2022-07-01 | 8 | SUMMONS Returned Executed by Voice of San Diego, Will Huntsberry. U.S. Department of Defense served. (MacLaren, Selina)(sjt). (Entered: 07/01/2022) |
| 2022-07-01 | 9 | SUMMONS Returned Executed by Voice of San Diego, Will Huntsberry. U.S. Department of Defense served. (MacLaren, Selina) (sjt). (Entered: 07/01/2022) |
| 2022-07-01 | 10 | SUMMONS Returned Executed by Voice of San Diego, Will Huntsberry. U.S. Department of the Navy served. (MacLaren, Selina) (sjt). (Entered: 07/01/2022) |
| 2022-07-01 | 11 | SUMMONS Returned Executed by Voice of San Diego, Will Huntsberry. U.S. Department of the Navy served. (MacLaren, Selina) (sjt). (Entered: 07/01/2022) |
| 2022-07-11 | 12 | MOTION to Dismiss for Failure to State a Claim by Naval Criminal Investigative Service, U.S. Department of Defense, U.S. Department of the Navy. (Attachments: # 1 Declaration of Karen Richman)(Boutelle, Betsey)Attorney Betsey Boutelle added to party Naval Criminal Investigative Service(pty:dft), Attorney Betsey Boutelle added to party U.S. Department of Defense(pty:dft), Attorney Betsey Boutelle added to party U.S. Department of the Navy(pty:dft) (sjt). (Entered: 07/11/2022) |
| 2022-07-26 | 13 | MINUTE ORDER OF RECUSAL. Judge Barry Ted Moskowitz is no longer assigned. Case reassigned to Judge Roger T. Benitez for all further proceedings. The new case number is 22cv834-BEN-RBB.(no document attached) (sjt) (Entered: 07/26/2022) |
| 2022-07-28 | 14 | MINUTE ORDER OF RECUSAL. Judge Roger T. Benitez is no longer assigned. Case reassigned to Judge Todd W. Robinson for all further proceedings. Pending hearings previously set before the original Judge have been transferred to the newly assigned Judge. The new case number is 22cv834-TWR-RBB.(no document attached) (ddf) (Entered: 07/28/2022) |
| 2022-07-28 | 15 | AMENDED COMPLAINT For Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C Section 552, et seq. against Naval Criminal Investigative Service, U.S. Department of Defense, U.S. Department of the Navy, filed by Voice of San Diego, Will Huntsberry. (Burke, Thomas) (fth). (Entered: 07/28/2022) |
| 2022-08-11 | 16 | ANSWER to 15 Amended Complaint, by U.S. Department of the Navy, U.S. Department of Defense, Naval Criminal Investigative Service.(Boutelle, Betsey)(ave). (Entered: 08/11/2022) |
| 2022-08-11 | 17 | ORDER Resetting Hearing - re 12 MOTION to Dismiss for Failure to State a Claim filed by Naval Criminal Investigative Service, U.S. Department of Defense, U.S. Department of the Navy, Set/Reset Deadlines as to 12 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 11/3/2022 01:30 PM before Judge Todd W. Robinson. Signed by Judge Todd W. Robinson on 8/11/2022.(ave) (Entered: 08/11/2022) |
| 2022-08-11 | 18 | ORDER Vacating Hearing on Motion to Dismiss, and Denying as Moot Defendant's Motion to Dismiss - denying 12 Motion to Dismiss for Failure to State a Claim. Signed by Judge Todd W. Robinson on 8/11/2022. (ave) (Entered: 08/11/2022) |
| 2022-08-15 | 19 | NOTICE AND ORDER Setting Early Neutral Evaluation Conference and Case Management Conference. Early Neutral Evaluation set for 9/27/2022 08:30 AM before Magistrate Judge Ruben B. Brooks. Case Management Conference set for 9/27/2022 08:30 AM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 8/15/2022. (fth) (Entered: 08/15/2022) |
| 2022-08-22 | 20 | Joint MOTION to Continue Early Neutral Evaluation Conference and Case Management Conference by Naval Criminal Investigative Service, U.S. Department of Defense, U.S. Department of the Navy. (Boutelle, Betsey) (fth). (Entered: 08/22/2022) |
| 2022-08-23 | 21 | ORDER granting 20 Joint Motion to Continue Early Neutral Evaluation Conference and Case Management Conference . Case Management Conference set for 10/11/2022 08:30 AM before Magistrate Judge Ruben B. Brooks. Early Neutral Evaluation set for 10/11/2022 08:30 AM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 8/23/2022. (fth) (Entered: 08/23/2022) |
| 2022-10-03 | 22 | Joint MOTION to Continue Early Neutral Evaluation Conference and Case Management Conference by Will Huntsberry, Voice of San Diego. (Burke, Thomas) (fth). (Entered: 10/03/2022) |
| 2022-10-03 | 23 | ORDER granting 22 Joint Motion to Continue Early Neutral Evaluation Conference and Case Management Conference . The Early Neutral Evaluation Conference and Case Management Conference are hereby continued to December 13, 2022, at 8:30 a.m. Signed by Magistrate Judge Ruben B. Brooks on 10/3/2022. (fth) (Entered: 10/03/2022) |
| 2022-11-16 | 24 | MINUTE ORDER OF RECUSAL. Magistrate Judge Ruben B. Brooks is no longer assigned. Case reassigned to Magistrate Judge William V. Gallo for all further proceedings. The new case number is 22cv834-TWR-WVG.(no document attached) (cxl1) (Entered: 11/16/2022) |
| 2022-11-17 | 25 | NOTICE AND ORDER Continuing (1) Early Neutral Evaluation Conference And (2) Case Management Conference; Setting (3) Telephonic Status Conference. IT IS HEREBY ORDERED that the December 13, 2022 Early Neutral Evaluation ("ENE") and Case Management Conference ("CMC") is CONTINUED to January 4, 2023, at 9:00 a.m. Additionally, on December 21, 2022, beginning at 9:00 a.m., the Court will hold an attorneys-only telephonic status conference with each party separately. Joint Discovery Plan due 12/16/2022. Signed by Magistrate Judge William V. Gallo on 11/17/2022. (fth) (Entered: 11/17/2022) |
| 2022-12-07 | 26 | Joint MOTION to Vacate Rule 26 Discovery Requirements and Deadline for Joint Discovery Plan by Naval Criminal Investigative Service, U.S. Department of Defense, U.S. Department of the Navy. (Boutelle, Betsey) (cxl1). (Entered: 12/07/2022) |
| 2022-12-08 | 27 | ORDER granting 26 Joint MOTION to Vacate Rule 26 Discovery Requirements and Deadline for Joint Discovery Plan . Signed by Magistrate Judge William V. Gallo on 12/08/2022. (cxl1) (Entered: 12/08/2022) |
| 2023-01-04 | 28 | Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Early Neutral Evaluation Conference held on 1/4/2023. Order to follow. (no document attached) (kxh) (Entered: 01/04/2023) |
| 2023-01-04 | 29 | Order Following ENE: Setting Deadline to Review and Produce Responsive Documents; and Setting Joint Status Conference. Early Neutral Evaluation Conference held on 01/04/2023. Status Conference set for 2/8/2023 02:00 PM before Magistrate Judge William V. Gallo.. Signed by Magistrate Judge William V. Gallo on 01/04/2023. If the Parties have resolved all disputed disclosures in advanced of the February 8, 2023 Video Joint Status Conference, no later than 12:00 p.m., the Parties shall file a Notice of Settlement and, in such event, only counsel for the Parties shall appear for a Video Joint Status Conference on Wednesday, February 8, 2023 at 2:00 p.m.(All non-registered users served via U.S. Mail Service)(cxl1) (Entered: 01/04/2023) |
| 2023-02-03 | 30 | ORDER Resetting Start Time of 02/08/2023 Joint Status Conference ( Status Conference set for 2/8/2023 01:00 PM before Magistrate Judge William V. Gallo.). Signed by Magistrate Judge William V. Gallo on 02/03/2023.(All non-registered users served via U.S. Mail Service)(cxl1) (Entered: 02/03/2023) |
| 2023-02-08 | 31 | Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Video Status Conference held on 2/8/2023. (no document attached) (kxh) (Entered: 02/08/2023) |
| 2023-02-08 | 32 | Order Following 02/08/2023 Joint Status Conference; Setting Confidential Settlement Conference/Case Management Conference. Settlement Conference set for 3/21/2023 06:30 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 02/08/2023.(All non-registered users served via U.S. Mail Service)(cxl1) (Entered: 02/09/2023) |
| 2023-03-21 | 33 | Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Video Status Conference held on 3/21/2023. Order to follow. (no document attached) (kxh) (Entered: 03/21/2023) |
| 2023-03-21 | 34 | Order Following 03/21/2023 Joint Status Conference; Setting Joint Status Conference. Status Conference set for 5/22/2023 02:00 PM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 03/21/2023.(All non-registered users served via U.S. Mail Service)(cxl1) (Entered: 03/21/2023) |
| 2023-05-12 | 35 | Joint MOTION to Continue Status Report and Status Conference by Will Huntsberry, Voice of San Diego. (Lachman, Samantha) (aas). (Entered: 05/12/2023) |
| 2023-05-12 | 36 | ORDER granting in part and denying in part 35 Motion to Continue. Status Report due by 5/30/2023. Status Conference set for 6/2/2023 at 09:00 AM before Magistrate Judge William V. Gallo. Signed by Magistrate Judge William V. Gallo on 5/12/2023. (All non-registered users served via U.S. Mail Service)(kxh) (Entered: 05/12/2023) |
| 2023-06-02 | 37 | Minute Entry for proceedings held before Magistrate Judge William V. Gallo: Status Conference held on 6/2/2023. Order to follow.(no document attached) (kxh) (Entered: 06/02/2023) |
| 2023-06-02 | 38 | Order Following June 2, 2023 Joint Status Conference; Setting Deadline to File Summary Judgment Motions. Signed by Magistrate Judge William V. Gallo on 06/02/2023.(All non-registered users served via U.S. Mail Service)(cxl1) (Entered: 06/02/2023) |
| 2023-06-05 | 39 | NOTICE of Change of Address by Thomas Rohlfs Burke (Burke, Thomas) (cxl1). (Entered: 06/05/2023) |
| 2023-08-03 | 40 | MOTION for Summary Judgment , MOTION for Partial Summary Judgment by Naval Criminal Investigative Service, U.S. Department of Defense, U.S. Department of the Navy. (Attachments: # 1 Declaration of Karen Richman, # 2 Appendix [Vaughn Index], # 3 Exhibit 1-4)(Boutelle, Betsey) (cxl1). (Entered: 08/03/2023) |
| 2023-08-04 | 41 | Joint MOTION to Continue Joint Motion Requesting a Consolidated Briefing Schedule for Summary Judgment Motions by Voice of San Diego. (Lachman, Samantha) (cxl1). (Entered: 08/04/2023) |
| 2023-08-16 | 42 | ORDER (1) Granting Joint Motion for Consolidated Briefing Schedule and (2) Setting Hearing Date and Briefing Schedule on Cross-Motions for Summary Judgment (ECF Nos. 40 , 41 ). Signed by Judge Todd W. Robinson on 08/16/2023.(cxl1) (Entered: 08/16/2023) |
| 2023-08-31 | 43 | RESPONSE to Motion re 40 MOTION for Summary Judgment MOTION for Partial Summary Judgment Plaintiffs' Omnibus Opposition to Defendants' Motion for Summary Judgment and Cross-Motion for Summary Judgment filed by Will Huntsberry, Voice of San Diego. (Attachments: # 1 Declaration of Will Huntsberry in Support of Opposition to Defendants' Motion for Summary Judgment and Cross-Motion for Summary Judgment, # 2 Declaration of Samantha Lachman in Support of Opposition to Defendants' Motion for Summary Judgment and Cross-Motion for Summary Judgment)(Lachman, Samantha) (cxl1). Modified on 10/13/2023 to raise the gavel.(mjw). (Entered: 08/31/2023) |
| 2023-08-31 | 44 | NOTICE of Withdrawal of Selina Jessie MacLaren by Will Huntsberry, Voice of San Diego (Burke, Thomas) (cxl1). (Entered: 08/31/2023) |
| 2023-09-28 | 45 | REPLY to Response to Motion re 40 MOTION for Summary Judgment MOTION for Partial Summary Judgment and Opposition to Plaintiffs' Cross-Motion for Summary Judgment filed by Naval Criminal Investigative Service, U.S. Department of Defense, U.S. Department of the Navy. (Attachments: # 1 Declaration of Karen Richman [Supplemental], # 2 Exhibit 1 [Original FOIA Request])(Boutelle, Betsey) (cxl1). (Entered: 09/28/2023) |
| 2023-10-12 | 46 | RESPONSE re 43 Response to Motion,, Reply in Support of Cross Motion for Summary Judgment filed by Will Huntsberry, Voice of San Diego. (Attachments: # 1 Joint Statement of Undisputed Material Facts)(Lachman, Samantha) (cxl1). (Entered: 10/12/2023) |
| 2023-10-12 | 47 | Order Continuing Hearing (ECF Nos 40 , 43 ). The Court continues the hearing on these motions to 11/16/2023, at 1:30 p.m. in Courtroom 3A.Signed by Judge Todd W. Robinson on 10/12/2023.(mjw) (jmo). (Entered: 10/12/2023) |
| 2023-10-17 | 48 | MINUTE ORDER OF TRANSFER. Magistrate Judge William V. Gallo is no longer assigned. Case reassigned to Magistrate Judge Michael S. Berg for all further proceedings. The new case number is 22cv0834-TWR-MSB.(no document attached) (cxl1) (Entered: 10/17/2023) |
| 2023-11-06 | 49 | MINUTE ORDER OF CHANGE OF HEARING (TIME ONLY) re 40 MOTION for Summary Judgment MOTION for Partial Summary Judgment filed by Naval Criminal Investigative Service, U.S. Department of Defense, U.S. Department of the Navy, and 43 Cross-Motion for Summary Judgment filed by Will Huntsberry, Voice of San Diego ( Motion Hearing set for 11/16/2023 02:30 PM before Judge Todd W. Robinson.)(no document attached) (cxl1) (Entered: 11/06/2023) |
| 2023-11-16 | 50 | Minute Entry for proceedings held before Judge Todd W. Robinson: Motion Hearing held on 11/16/2023 re MOTION for Summary Judgment; MOTION for Partial Summary Judgment 40 filed by Naval Criminal Investigative Service, U.S. Department of Defense, U.S. Department of the Navy and MOTION for Summary Judgment 43 filed by Will Huntsberry, Voice of San Diego. The motions are taken under submission; written order to follow. (Court Reporter/ECR Cami Kircher). (Plaintiff Attorney Thomas Burke, Samantha Lachman). (Defendant Attorney Betsey Boutelle). (no document attached) (jao) (Entered: 11/16/2023) |
| 2023-12-15 | 51 | ORDER (1) Granting in Part and Denying in Part Defendant's Motion for Summary Judgment, (2) Denying Without Prejudice Plaintiffs' Cross-Motion for Summary Judgment, and (3) Ordering Defendants to Supplement the Record (ECF Nos. 40 , 43 , 45 , 46 ). Signed by Judge Todd W. Robinson on 12/15/2023. (cxl1) (Entered: 12/15/2023) |
| 2024-02-08 | 52 | Joint MOTION to Continue Deadline for Defendants to Produce Supplemental Vaughn Index to Plaintiffs by Naval Criminal Investigative Service, U.S. Department of Defense, U.S. Department of the Navy. (Boutelle, Betsey) (sjt). (Entered: 02/08/2024) |
| 2024-02-09 | 53 | ORDER granting 52 Motion to Continue Deadline for Defendants to Produce Supplemental Vaughn Index to Plaintiffs. Signed by Judge Todd W. Robinson on 2/9/2024. (sjt) (Entered: 02/12/2024) |
| 2024-04-04 | 54 | STATUS REPORT JOINT by Will Huntsberry, Voice of San Diego. (Lachman, Samantha) (sjt). (Entered: 04/04/2024) |
| 2024-04-16 | 55 | Order Setting Briefing Schedule on Cross-Motions for Summary Judgment: Plaintiff shall file and serve their consolidated opposition to Defendants Motion for Summary Judgment and their Cross-Motion for Summary Judgment on or before 7/12/2024. Defendant shall file and serve their consolidated opposition to the Cross-Motion and optional reply in support of their Motion for Summary Judgment on or before 8/9/2024. Plaintiff may file an optional reply in support of their Cross-Motion on or before 8/23/2024. Motion Hearing shall be scheduled for 9/12/2024 at 01:30. Signed by Judge Todd W. Robinson on 4/16/2024.(sjt) (Entered: 04/16/2024) |
| 2024-06-14 | 56 | MOTION for Summary Judgment , MOTION for Partial Summary Judgment by Naval Criminal Investigative Service, U.S. Department of Defense, U.S. Department of the Navy. (Attachments: # 1 Declaration of Karen Richman, # 2 Appendix [Revised Vaughn Index])(Boutelle, Betsey) (sjt). (Entered: 06/14/2024) |
| 2024-07-12 | 57 | RESPONSE in Opposition re 56 MOTION for Summary Judgment MOTION for Partial Summary Judgment Plaintiffs' Renewed Omnibus Opposition to Defendants' Motion for Summary Judgment and Cross-Motion for Summary Judgment filed by Will Huntsberry, Voice of San Diego. (Attachments: # 1 Declaration of Sam Lachman in Support of Opposition to Motion for Summary Judgment, # 2 Declaration of Will Huntsberry in Support of Opposition to Motion for Summary Judgment)(Lachman, Samantha) (sjt). (Entered: 07/12/2024) |
| 2024-08-09 | 58 | REPLY to Response to Motion re 56 MOTION for Summary Judgment MOTION for Partial Summary Judgment and Opposition to 57 Plaintiffs' Cross-Motion for Summary Judgment filed by Naval Criminal Investigative Service, U.S. Department of Defense, U.S. Department of the Navy. (Attachments: # 1 Declaration of Betsey Boutelle, # 2 Exhibit 1-3, # 3 Declaration of Karen Richman)(Boutelle, Betsey) (sjt). (Entered: 08/09/2024) |
| 2024-08-23 | 59 | RESPONSE in Support re 43 MOTION for Summary Judgment filed by Will Huntsberry, Voice of San Diego. (Attachments: # 1 Declaration of Will Huntsberry, # 2 Statement of Facts)(Lachman, Samantha) (sjt). (Entered: 08/23/2024) |
| 2024-09-12 | 60 | Minute Entry for proceedings held before Judge Todd W. Robinson: Motion Hearing held on 9/12/2024 re 56 MOTION for Summary Judgment; MOTION for Partial Summary Judgment filed by Naval Criminal Investigative Service, U.S. Department of Defense, U.S. Department of the Navy. The motion is taken under submission; written order to follow. (Court Reporter/ECR Cami Kircher). (Plaintiff Attorney Samantha Lachman). (Defendant Attorney Betsey Boutelle). (no document attached) (jao) (Entered: 09/12/2024) |
| 2024-09-16 | 61 | DECLARATION re 57 Response in Opposition to Motion,, Supplemental Declaration of Will Huntsberry in Support of Plaintiffs' Opposition to Defendants' Renewed Motion for Summary Judgment and Cross-Motion for Summary Judgment by Plaintiffs Will Huntsberry, Voice of San Diego. (Lachman, Samantha) (QC mailer sent re: supplemental document) (sjt). (Entered: 09/16/2024) |
| 2024-09-18 | 62 | Joint MOTION for Extension of Time to File Responsive Declaration by Naval Criminal Investigative Service, U.S. Department of Defense, U.S. Department of the Navy. (Boutelle, Betsey) (sjt). (Entered: 09/18/2024) |
| 2024-09-19 | 63 | ORDER granting 62 Motion for Extension of Time to File Responsive Declaration. Signed by Judge Todd W. Robinson on 9/19/2024. (sjt) (Entered: 09/19/2024) |
| 2024-09-26 | 64 | DECLARATION re 56 MOTION for Summary Judgment MOTION for Partial Summary Judgment [Supplemental Declaration of Kristin Landsinger] by Defendants Naval Criminal Investigative Service, U.S. Department of Defense, U.S. Department of the Navy. (Boutelle, Betsey) (Entered: 09/26/2024) |
| 2024-09-26 | 65 | DECLARATION re 56 MOTION for Summary Judgment MOTION for Partial Summary Judgment [Supplemental Declaration of Karen Richman] by Defendants Naval Criminal Investigative Service, U.S. Department of Defense, U.S. Department of the Navy. (Attachments: # 1 Exhibit)(Boutelle, Betsey) (Entered: 09/26/2024) |
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