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Case TitleByrne v. National Security Agency et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2020cv08433
Date Filed2020-11-30
Date ClosedOpen
JudgeJudge Charles R. Breyer
PlaintiffPeter Byrne
Case DescriptionPeter Byrne, a freelance journalist, submitted a FOIA request to the National Security Agency for records concerning a variety of historical records pertaining to NSA operations. Byrne also requested a fee waiver. The agency acknowledged receipt of the request and told Byrne that the number of responsive records would be minimal and no fees would be assessed. However, after the agency had not responded two years later, Byrne filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNational Security Agency
DefendantU.S. Department of Defense
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-12-011COMPLAINT for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. § 552 et seq. against All Defendants ( Filing fee $ 402, receipt number 0971-15258180.). Filed byPeter Byrne. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet)(Burke, Thomas) (Filed on 12/1/2020) (Entered: 12/01/2020)
2020-12-012Proposed Summons. (Burke, Thomas) (Filed on 12/1/2020) (Entered: 12/01/2020)
2020-12-013Case assigned to Magistrate Judge Jacqueline Scott Corley. 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 12/15/2020. (bwS, COURT STAFF) (Filed on 12/1/2020) (Entered: 12/01/2020)
2020-12-01Electronic filing error . Case has been randomly assigned to judge, however incorrect Civil Cover Sheet CAND 44 (Rev. 07/19) used at case opening. Please complete and re-file as a separate docket entry correct Civil Cover Sheet JS-CAND 44 (Rev. 10/20 re: 1 . 7 Complaint, filed by Peter Byrne (bwS, COURT STAFF) (Filed on 12/1/2020) (Entered: 12/01/2020)
2020-12-014Civil Cover Sheet filed by Peter Byrne - Correct Civil Cover Sheet JS-CAND 44 (Rev. 10/20 re: 1 . 7 Complaint filed by Peter Byrne . (Burke, Thomas) (Filed on 12/1/2020) (Entered: 12/01/2020)
2020-12-025CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Peter Byrne.. (Burke, Thomas) (Filed on 12/2/2020) (Entered: 12/02/2020)
2020-12-036Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 2/25/2021. Initial Case Management Conference set for 3/4/2021 at 1:30 PM in San Francisco, Courtroom E, 15th Floor. (tnS, COURT STAFF) (Filed on 12/3/2020) (Entered: 12/03/2020)
2020-12-037Summons Issued as to National Security Agency, U.S. Department of Defense. (tnS, COURT STAFF) (Filed on 12/3/2020) (Entered: 12/03/2020)
2021-02-118AFFIDAVIT of Service for Summons and Complaint served on National Security Agency and National Security Agency FOIA Officer on 1/29/2021, filed by Peter Byrne. (Attachments: # 1 Affidavit of Service as to NSA FOIA Officer)(Burke, Thomas) (Filed on 2/11/2021) (Entered: 02/11/2021)
2021-02-119AFFIDAVIT of Service for Summons and Complaint served on U.S. Department of Justice on 1/29/2021, filed by Peter Byrne. (Burke, Thomas) (Filed on 2/11/2021) (Entered: 02/11/2021)
2021-02-1110AFFIDAVIT of Service for Summons and Complaint served on U.S. Department of Defense on 2/1/2021, filed by Peter Byrne. (Burke, Thomas) (Filed on 2/11/2021) (Entered: 02/11/2021)
2021-02-1111CERTIFICATE OF SERVICE by Peter Byrne re 2 Proposed Summons, 1 Complaint, as to National Security Agency c/o U.S. Attorney's Office (Burke, Thomas) (Filed on 2/11/2021) (Entered: 02/11/2021)
2021-02-1112CERTIFICATE OF SERVICE by Peter Byrne re 2 Proposed Summons, 1 Complaint, as to U.S. Department of Defense c/o U.S. Attorney's Office (Burke, Thomas) (Filed on 2/11/2021) (Entered: 02/11/2021)
2021-02-2513MOTION to Continue Initial Case Management Conference filed by Peter Byrne. (Attachments: # 1 Proposed Order)(Burke, Thomas) (Filed on 2/25/2021) (Entered: 02/25/2021)
2021-02-2614ORDER by Magistrate Judge Jacqueline Scott Corley granting 13 Motion to Continue Initial Case Management Conference. Joint Case Management Statement due by 4/1/2021. Initial Case Management Conference reset for 4/8/2021 at 1:30 p.m. by videoconference. (ahm, COURT STAFF) (Filed on 2/26/2021) (Entered: 02/26/2021)
2021-03-0115ANSWER to Complaint FOR DECLARATORY AND INJUNCTIVE RELIEF FOR VIOLATION OF THE FREEDOM OF INFORMATION ACT, 5 U.S.C. § 552 et seq. Defendants filed by National Security Agency, U.S. Department of Defense. (Reagin, Julie) (Filed on 3/1/2021) (Entered: 03/01/2021)
2021-03-0116CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge by 3/15/2021. 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. (ahm, COURT STAFF) (Filed on 3/1/2021) (Entered: 03/01/2021)
2021-03-1517CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by National Security Agency, U.S. Department of Defense.. (Reagin, Julie) (Filed on 3/15/2021) (Entered: 03/15/2021)
2021-03-1518CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ahm, COURT STAFF) (Filed on 3/15/2021) (Entered: 03/15/2021)
2021-03-1619ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Magistrate Judge Jacqueline Scott Corley no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 03/16/2021. (Attachments: # 1 Notice of Eligibility for Video Recording)(mbcS, COURT STAFF) (Filed on 3/16/2021) (Entered: 03/16/2021)
2021-03-1620CLERK'S NOTICE: A Joint Case Management Statement due by 6/18/2021. Initial Case Management Conference set for 6/25/2021 at 8:30 AM in San Francisco - To be determined. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 3/16/2021) (Entered: 03/16/2021)
2021-03-1821ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Reagin, Julie) (Filed on 3/18/2021) (Entered: 03/18/2021)
2021-03-3022NOTICE of Substitution of Counsel by Valerie Elizabeth Smith (Smith, Valerie) (Filed on 3/30/2021) (Entered: 03/30/2021)
2021-06-0323NOTICE of Appearance by Kelly Michelle Gorton (Gorton, Kelly) (Filed on 6/3/2021) (Entered: 06/03/2021)
2021-06-1824STIPULATION AND [PROPOSED] ORDER to continue case management conference scheduled for June 25, 2021 filed by National Security Agency, U.S. Department of Defense. (Attachments: # 1 Declaration of Valerie E. Smith)(Smith, Valerie) (Filed on 6/18/2021) (Entered: 06/18/2021)
2021-06-2325ORDER to continue case management conference scheduled for June 25, 2021 by Judge Charles R. Breyer : Granting 24 Stipulation. A Joint Updated Case Management Statement due by 8/13/2021. Initial Case Management Conference set for 8/19/2021 at 8:30 AM in San Francisco - To be determined. (lsS, COURT STAFF) (Filed on 6/23/2021) (Entered: 06/23/2021)
2021-08-1326STIPULATION WITH PROPOSED ORDER continuing the JCMS and CMC filed by National Security Agency, U.S. Department of Defense. (Smith, Valerie) (Filed on 8/13/2021) (Entered: 08/13/2021)
2021-08-1327Declaration of Valerie E. Smith in Support of 26 STIPULATION WITH PROPOSED ORDER continuing the JCMS and CMC filed byNational Security Agency, U.S. Department of Defense. (Related document(s) 26 ) (Smith, Valerie) (Filed on 8/13/2021) (Entered: 08/13/2021)
2021-08-1628STIPULATION AND ORDER by Judge Charles R. Breyer: Granting 26 Stipulation. A Joint Case Management Statement due by 10/8/2021. Initial Case Management Conference set for 10/15/2021 at 8:30 AM in San Francisco, Courtroom 06, 17th Floor. (lsS, COURT STAFF) (Filed on 8/16/2021) (Entered: 08/16/2021)
2021-09-2329STIPULATION WITH PROPOSED ORDER filed by National Security Agency. (Attachments: # 1 Declaration of Valerie E. Smith)(Smith, Valerie) (Filed on 9/23/2021) (Entered: 09/23/2021)
2021-09-2430STIPULATION AND ORDER CONTINUING THE CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES by Judge Charles R. Breyer: Granting 29 Stipulation. A Joint Case Management Statement due by 11/12/2021. Initial Case Management Conference set for 11/19/2021 at 8:30 AM in San Francisco - To be determined. (lsS, COURT STAFF) (Filed on 9/24/2021) (Entered: 09/24/2021)
2021-11-1231STIPULATION WITH PROPOSED ORDER continuing the JCMS and CMC filed by National Security Agency. (Smith, Valerie) (Filed on 11/12/2021) (Entered: 11/12/2021)
2021-11-1632STIPULATION AND ORDER ORDER CONTINUING THE CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES by Judge Charles R. Breyer: Granting 31 Stipulation. A Joint Case Management Statement due by 1/14/2022. Initial Case Management Conference set for 1/21/2022 at 8:30 AM in San Francisco - To be determined. (ls, COURT STAFF) (Filed on 11/16/2021) (Entered: 11/16/2021)
2022-01-0733STIPULATION WITH PROPOSED ORDER CONTINUING THE CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES filed by National Security Agency. (Smith, Valerie) (Filed on 1/7/2022) (Entered: 01/07/2022)
2022-01-1034STIPULATION AND ORDER CONTINUING THE CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES by Judge Charles R. Breyer: Granting 33 Stipulation. a jOINT Case Management Statement due by 2/18/2022. Initial Case Management Conference set for 2/25/2022 at 8:30 AM in San Francisco, Courtroom 06, 17th Floor. (ls, COURT STAFF) (Filed on 1/10/2022) (Entered: 01/10/2022)
2022-02-1835JOINT CASE MANAGEMENT STATEMENT filed by National Security Agency. (Smith, Valerie) (Filed on 2/18/2022) (Entered: 02/18/2022)
2022-02-2236CASE MANAGEMENT SCHEDULING ORDER: The case management conference on 2/25/2022 is vacated. Motion Hearing set for 7/8/2022 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Defendant will file its motion for summary judgment by April 11, 2022; Plaintiff will file its opposition to Defendants motion for summary judgment and any cross-motion for summary judgment by May 11, 2022; Defendant will file its reply in further support of its motion for summary judgment and opposition to any cross-motion for summary judgment by June 1, 2022; and Plaintiff will file any reply in further support of any cross-motion for summary judgment by June 17, 2022. Hearing on the Parties motions for summary judgment July 8, 2022. Signed by Judge Charles R. Breyer on 2/22/2022. (ls, COURT STAFF) (Filed on 2/22/2022) (Entered: 02/22/2022)
2022-04-0837STIPULATION WITH PROPOSED ORDER modifying the summary judgment briefing schedule and continuing the motion hearing filed by National Security Agency, U.S. Department of Defense. (Smith, Valerie) (Filed on 4/8/2022) (Entered: 04/08/2022)
2022-04-1138STIPULATION AND ORDER modifying the summary judgment briefing schedule and continuing the motion hearing by Judge Charles R. Breyer: Granting 37 Stipulation. Motions due by 7/21/2022. Motion Hearing set for 10/28/2022 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 4/11/2022) (Entered: 04/11/2022)
2022-07-1439First ADMINISTRATIVE MOTION to vacate briefing schedule and set a date for status report due to change in circumstances filed by National Security Agency. Responses due by 7/18/2022. (Attachments: # 1 Declaration of Valerie E. Smith)(Smith, Valerie) (Filed on 7/14/2022) (Entered: 07/14/2022)
2022-07-1840OPPOSITION/RESPONSE (re 39 First ADMINISTRATIVE MOTION to vacate briefing schedule and set a date for status report due to change in circumstances ) filed byPeter Byrne. (Attachments: # 1 Declaration of Thomas R. Burke, # 2 Exhibit A to Burke Declaration, # 3 Exhibit B to Burke Declaration, # 4 Exhibit C to Burke Declaration, # 5 Exhibit D to Burke Declaration, # 6 Exhibit E to Burke Declaration, # 7 Proposed Order)(Burke, Thomas) (Filed on 7/18/2022) (Entered: 07/18/2022)
2022-07-1841ORDER by Judge Charles R. Breyer granting 39 Administrative Motion to Vacate Briefing Schedule. (crblc1, COURT STAFF) (Filed on 7/18/2022) (Entered: 07/18/2022)
2022-07-20Set/Reset Hearing. Status Conference set for 9/16/2022 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/crb Court Appearances: Advanced notice is required of counsel or parties who wish to be i dentified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at crbcrd@cand.uscourts.gov no later than September 13, 2022 at 3:00 PM PST. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Status Conference set for 9/16/2022 10:00 AM in San Francisco, - Videoconference Onl y before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 7/20/2022) (Entered: 07/20/2022)
2022-08-0242CLERK'S NOTICE VACATING STATUS CONFERENCE on September 16, 2022 before the Honorable Charles R. Breyer. (This is a text-only entry generated by the court. There is no document associated with this entry.) . Status Report due by 9/23/2022. Status Conference set for 9/30/2022 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/crb Court Appearances: Advanced notice is required of counsel or parties who wish to be identifie d by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at crbcrd@cand.uscourts.gov no later than September 27, 2022. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Status Report due by 9/23/2022. Status Conference set for 9/30/2022 10:00 AM in San Francisco, - Videoconf erence Only before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 8/2/2022) (Entered: 08/02/2022)
2022-09-0943NOTICE of Appearance by Megan C. Amaris (Amaris, Megan) (Filed on 9/9/2022) (Entered: 09/09/2022)
2022-09-2244JOINT STATUS REPORT and [PROPOSED] ORDER by National Security Agency, U.S. Department of Defense, Peter Byme. (Smith, Valerie) (Filed on 9/22/2022) Modified on 9/23/2022 (cjl COURT STAFF). (Entered: 09/22/2022)
2022-09-2645ORDER RE STATUS REPORT. Signed by Judge Charles R. Breyer on 9/26/2022. (ls, COURT STAFF) (Filed on 9/26/2022) (Entered: 09/26/2022)
2022-11-3046DEFENDANT'S STATUS REPORT by National Security Agency, U.S. Department of Defense. (Smith, Valerie) (Filed on 11/30/2022) Modified on 11/30/2022 (cjl, COURT STAFF). (Entered: 11/30/2022)
2022-11-3047ORDER - Re 46 Status Report filed by U.S. Department of Defense, National Security Agency. Signed by Judge Charles R. Breyer on 11/30/2022. (ls, COURT STAFF) (Filed on 11/30/2022) (Entered: 11/30/2022)
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