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Case TitleNational Public Radio, Inc. et al v. U.S. Department of the Army et al
DistrictNorthern District of California
Case Number4:2020cv00610
Date Filed2020-01-27
Date ClosedOpen
JudgeMagistrate Judge Kandis A. Westmore
PlaintiffNational Public Radio, Inc.
PlaintiffEric Westervelt
Case DescriptionNational Public Radio reporter Eric Westervelt submitted a FOIA request to the Department of the Army for records concerning an attack on the 3rd Division, 2nd Brigade mobile tactical operations center in Iraq on April 7, 2003. Westervelt also requested a fee waiver. The Army acknowledged receipt of the request and told Westervelt that it was transferring the request to Central Command for processing. Westervelt checked with Central Command on the status of his request and was told it had not received the request. After hearing nothing further from the agencies, Westervelt and NPR filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Department of the Army
DefendantU.S. Department of Defense
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

2020-01-271COMPLAINT for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. § 552 et seq. against U.S. Department of Defense, U.S. Department of the Army ( Filing fee $ 400, receipt number 0971-14111543.). Filed byEric Westervelt, National Public Radio, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet)(Burke, Thomas) (Filed on 1/27/2020) (Entered: 01/27/2020)
2020-01-272Proposed Summons. (Burke, Thomas) (Filed on 1/27/2020) (Entered: 01/27/2020)
2020-01-273Rule 7.1 Disclosures by National Public Radio, Inc., Eric Westervelt (Burke, Thomas) (Filed on 1/27/2020) (Entered: 01/27/2020)
2020-01-294Case assigned to Magistrate Judge Kandis A. Westmore. 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 Standing orders can be downloaded from the court's web page at 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 2/12/2020. (mbcS, COURT STAFF) (Filed on 1/29/2020) (Entered: 01/29/2020)
2020-01-295Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/21/2020. Initial Case Management Conference set for 4/28/2020 01:30 PM. (ajsS, COURT STAFF) (Filed on 1/29/2020) (Entered: 01/29/2020)
2020-02-046Summons Issued as to U.S. Department of Defense, U.S. Department of the Army, U.S. Attorney and U.S. Attorney General. (ajsS, COURT STAFF) (Filed on 2/4/2020) (Entered: 02/04/2020)
2020-02-187CLERK'S NOTICE Re: Consent or Declination: Plaintiffs 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: Consent/Declination due by 3/3/2020. (dtmS, COURT STAFF) (Filed on 2/18/2020) (Entered: 02/18/2020)
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by FOIA Project Staff
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