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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)
2022-06-169SUMMONS Returned Executed (FOIA) by National Public Radio, Inc., Eric Westervelt. Federal Bureau of Investigation served on 6/2/2022, answer due 7/5/2022. Proof of Service of Summons and Complaint as to United States Attorney's Office on behalf of Federal Bureau of Investigation (Attachments: # 1 Affidavit of Service as to FBI Headquarters, # 2 Affidavit of Service as to FBI FOIA Office)(Burke, Thomas) (Filed on 6/16/2022) (Entered: 06/16/2022)
2022-06-1610SUMMONS Returned Executed (FOIA) by National Public Radio, Inc., Eric Westervelt. District of Columbia Army National Guard served on 6/2/2022, answer due 7/5/2022. Proof of Service of Summons and Complaint as to United States Attorney's Office on behalf of District of Columbia National Guard (Attachments: # 1 Affidavit of Service as to National Guard Bureau, # 2 Affidavit of Service as to National Guard Bureau FOIA Office)(Burke, Thomas) (Filed on 6/16/2022) (Entered: 06/16/2022)
2022-06-1611SUMMONS Returned Executed (FOIA) by National Public Radio, Inc., Eric Westervelt. U.S. Park Police served on 6/2/2022, answer due 7/5/2022. Proof of Service of Summons and Complaint as to United States Attorney's Office on behalf of U.S. Park Police (Attachments: # 1 Affidavit of Service as to U.S. Park Police Headquarters, # 2 Affidavit of Service as to U.S. Park Police FOIA Office)(Burke, Thomas) (Filed on 6/16/2022) (Entered: 06/16/2022)
2022-06-1612AFFIDAVIT of Service for Summons and Complaint by Certified Mail served on U.S. Department of Justice on 06/03/2022, filed by National Public Radio, Inc., Eric Westervelt. (Burke, Thomas) (Filed on 6/16/2022) (Entered: 06/16/2022)
2022-07-0513NOTICE of Appearance by Shiwon Choe for Defendants (Choe, Shiwon) (Filed on 7/5/2022) (Entered: 07/05/2022)
2022-07-0514ANSWER to Complaint byDistrict of Columbia Army National Guard, Federal Bureau of Investigation, U.S. Park Police. (Choe, Shiwon) (Filed on 7/5/2022) (Entered: 07/05/2022)
2022-07-0515CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by District of Columbia Army National Guard, Federal Bureau of Investigation, U.S. Park Police.. (Choe, Shiwon) (Filed on 7/5/2022) (Entered: 07/05/2022)
2022-08-2416ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Choe, Shiwon) (Filed on 8/24/2022) (Entered: 08/24/2022)
2022-09-0217CASE MANAGEMENT STATEMENT filed by District of Columbia Army National Guard, Federal Bureau of Investigation, U.S. Park Police. (Choe, Shiwon) (Filed on 9/2/2022) (Entered: 09/02/2022)
2022-09-0818CLERKS NOTICE SETTING ZOOM HEARING. Further Case Management Conference set for 9/12/2022 01:30 PM in San Francisco - Videoconference Only. 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/sk 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/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Filed on 9/8/2022) (Entered: 09/08/2022)
2022-09-1219Minute Entry for proceedings held by Zoom before Magistrate Judge Sallie Kim: Initial Case Management Conference held on 9/12/2022. The Court set a case schedule and will issue a case management order. CASE REFERRED to a Magistrate Judge for Settlement Conference to be completed by 1/23/2023. Case Management Statement due by 1/23/2023. Further Case Management Conference set for 1/30/2023 01:30 PM in San Francisco - Videoconference Only. Digital Recording Time: 1:44-1:49. Attorney for Plaintiffs: Lorraine Wang. Attorneys for Defendants: Shiwon Choe. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Date Filed: 9/12/2022) (Entered: 09/12/2022)
2022-09-12CASE REFERRED to Magistrate Judge Donna M. Ryu for Settlement (mkl, COURT STAFF) (Filed on 9/12/2022) (Entered: 09/12/2022)
2022-09-1320CASE MANAGEMENT AND PRETRIAL ORDER (JURY). Close of Fact Discovery is 6/16/2023. Initial Expert Disclosures due by 6/30/2023. Rebuttal Expert Disclosures due by 7/28/2023. Close of Expert Discovery is 8/18/2023. Dispositive Motion Hearing set for 10/23/2023 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Pretrial Conference set for 12/22/2023 01:30 PM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Jury Selection set for 1/23/2024 08:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Jury Trial set for 1/23/2024 08:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Signed by Magistrate Judge Sallie Kim on 9/13/2022. (mkl, COURT STAFF) (Filed on 9/13/2022) (Entered: 09/13/2022)
2022-09-1321CLERK'S NOTICE: Notice is hereby given to all parties that Magistrate Judge Donna M. Ryu will convene a pre-settlement conference call to discuss preparation for a settlement conference. Judge Ryu anticipates that the phone call will last approximately 20-30 minutes. The conference call shall take place on 12/19/2022 09:30 AM in Oakland, - Telephonic Only. Lead Counsel for all parties shall participate. Counsel will receive the call-in information via e-mail from Judge Ryu's courtroom deputy. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 9/13/2022) (Entered: 09/13/2022)
2022-09-1322NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 1/19/2023 10:00 AM in Oakland, - Videoconference Only before Magistrate Judge Donna M. Ryu. Judge Ryu will conduct the settlement conference in her designated non-public Zoom Meeting "room." The non-public Zoom Meeting link is available on Judge Ryu's webpage, by going to: https://www.cand.uscourts.gov/dmr, or Join ZoomGov Meeting by clicking the link or using the information below: https://cand-uscourts.zoomgov.com/j/1619494731?pwd=cnZyVXVqWExEZzcxcDBBdzRuLzVldz09 Meeting ID: 161 949 4731 Passcode: 030361 Signed by Magistrate Judge Donna M. Ryu on 9/13/2022. (ig, COURT STAFF) (Filed on 9/13/2022) (Entered: 09/13/2022)
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