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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 Number3:2022cv03204
Date Filed2022-06-01
Date ClosedOpen
JudgeMagistrate Judge Sallie Kim
PlaintiffNational Public Radio, Inc.
PlaintiffEric Westervelt
Case DescriptionNPR reporter Eric Westervelt submitted FOIA requests to the FBI for records concerning operations conducted between 9 am May 30, 2020, and 11 am June 1, 2020 around Lafayette Square in Washington, DC. Westervelt also requested a fee waiver. The agency acknowledged receipt of the request. The agency denied the request entirely under Exemption 7(A) (ongoing investigation or proceeding). Westervelt filed an administrative appeal to the Office of Information Policy, which upheld the FBI's denial. Westervelt then submitted the same request to the District of Columbia National Guard. The National Guard acknowledged receipt but did nothing further. Westervelt also submitted the FOIA request to the U.S. Park Police. The Park Police identified that it had released records on the Lafayette Square operation but not directly responsive to Westervelt's specific time frame request. Westervelt filed an administrative appeal to the Park Police. After hearing nothing further from the agencies, Westervelt filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantFederal Bureau of Investigation
DefendantDistrict of Columbia Army National Guard
DefendantU.S. Park Police
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-06-011COMPLAINT for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. § 552 et seq. against District of Columbia Army National Guard, Federal Bureau of Investigation, U.S. Park Police ( Filing fee $ 402, receipt number ACANDC-17228049.). Filed byNational Public Radio, Inc., Eric Westervelt. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Civil Cover Sheet)(Burke, Thomas) (Filed on 6/1/2022) (Entered: 06/01/2022)
2022-06-012Proposed Summons. (Burke, Thomas) (Filed on 6/1/2022) (Entered: 06/01/2022)
2022-06-013Rule 7.1 Disclosures by National Public Radio, Inc., Eric Westervelt (Burke, Thomas) (Filed on 6/1/2022) (Entered: 06/01/2022)
2022-06-014NOTICE of Appearance by Lorraine Wang (Wang, Lorraine) (Filed on 6/1/2022) (Entered: 06/01/2022)
2022-06-025Case assigned to Magistrate Judge Sallie Kim. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/16/2022. (cv, COURT STAFF) (Filed on 6/2/2022) (Entered: 06/02/2022)
2022-06-026Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/5/2022. Initial Case Management Conference set for 9/12/2022 01:30 PM in San Francisco, Courtroom C, 15th Floor. (dhm, COURT STAFF) (Filed on 6/2/2022) (Entered: 06/02/2022)
2022-06-027Summons Issued as to District of Columbia Army National Guard, Federal Bureau of Investigation, U.S. Park Police, U.S. Attorney and U.S. Attorney General (dhm, COURT STAFF) (Filed on 6/2/2022) (Entered: 06/02/2022)
2022-06-068CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by National Public Radio, Inc., Eric Westervelt.. (Burke, Thomas) (Filed on 6/6/2022) (Entered: 06/06/2022)
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by FOIA Project Staff
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