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Case TitleVoice of San Diego et al v. Naval Criminal Investigative Service et al
DistrictSouthern District of California
CitySan Diego
Case Number3:2022cv00834
Date Filed2022-06-08
Date ClosedOpen
JudgeJudge Todd W. Robinson
PlaintiffVoice of San Diego
PlaintiffWill Huntsberry
Case DescriptionVoice of San Diego reporter Will Huntsberry submitted a FOIA request to the Naval Criminal Investigative Service for records concerning the agency's investigation of the deaths of 20 named individuals between 2020 and 2021. Huntsberry also requested inclusion in the media fee category. The agency acknowledged receipt of the request. The agency indicated that 14 investigations had been completed and could be disclosed. Huntsberry asked NCIS to provide the records. After hearing nothing further from the agency, Huntsberry filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNaval Criminal Investigative Service
DefendantU.S. Department of the Navy
DefendantU.S. Department of Defense
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [51]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-06-081COMPLAINT 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)
2022-06-082Summons 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)
2022-06-083NOTICE 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)
2022-06-224**DOCUMENT WITHDRAWN PER NOTICE 5 ** AFFIDAVIT of Service for Summons, Complaint, Civil Cover Sheet, Notice of Party with Financial Interest served on U.S. Department of Justice on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)
2022-06-245NOTICE 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)
2022-06-296SUMMONS Returned Executed by Voice of San Diego, Will Huntsberry. Naval Criminal Investigative Service served. (MacLaren, Selina)(jms). (Entered: 06/29/2022)
2022-06-297SUMMONS Returned Executed by Voice of San Diego, Will Huntsberry. Naval Criminal Investigative Service served. (MacLaren, Selina) (jms). (Entered: 06/29/2022)
2022-07-018SUMMONS Returned Executed by Voice of San Diego, Will Huntsberry. U.S. Department of Defense served. (MacLaren, Selina)(sjt). (Entered: 07/01/2022)
2022-07-019SUMMONS Returned Executed by Voice of San Diego, Will Huntsberry. U.S. Department of Defense served. (MacLaren, Selina) (sjt). (Entered: 07/01/2022)
2022-07-0110SUMMONS Returned Executed by Voice of San Diego, Will Huntsberry. U.S. Department of the Navy served. (MacLaren, Selina) (sjt). (Entered: 07/01/2022)
2022-07-0111SUMMONS Returned Executed by Voice of San Diego, Will Huntsberry. U.S. Department of the Navy served. (MacLaren, Selina) (sjt). (Entered: 07/01/2022)
2022-07-1112MOTION 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)
2022-07-2613MINUTE 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)
2022-07-2814MINUTE 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)
2022-07-2815AMENDED 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)
2022-08-1116ANSWER 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)
2022-08-1117ORDER 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)
2022-08-1118ORDER 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)
2022-08-1519NOTICE 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)
2022-08-2220Joint 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)
2022-08-2321ORDER 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)
2022-10-0322Joint 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)
2022-10-0323ORDER 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)
2022-11-1624MINUTE 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)
2022-11-1725NOTICE 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)
2022-12-0726Joint 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)
2022-12-0827ORDER 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)
2023-01-0428Minute 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)
2023-01-0429Order 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)
2023-02-0330ORDER 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)
2023-02-0831Minute 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)
2023-02-0832Order 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)
2023-03-2133Minute 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)
2023-03-2134Order 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)
2023-05-1235Joint MOTION to Continue Status Report and Status Conference by Will Huntsberry, Voice of San Diego. (Lachman, Samantha) (aas). (Entered: 05/12/2023)
2023-05-1236ORDER 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)
2023-06-0237Minute 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)
2023-06-0238Order 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)
2023-06-0539NOTICE of Change of Address by Thomas Rohlfs Burke (Burke, Thomas) (cxl1). (Entered: 06/05/2023)
2023-08-0340MOTION 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)
2023-08-0441Joint 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)
2023-08-1642ORDER (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)
2023-08-3143RESPONSE 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)
2023-08-3144NOTICE of Withdrawal of Selina Jessie MacLaren by Will Huntsberry, Voice of San Diego (Burke, Thomas) (cxl1). (Entered: 08/31/2023)
2023-09-2845REPLY 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)
2023-10-1246RESPONSE 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)
2023-10-1247Order 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)
2023-10-1748MINUTE 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)
2023-11-0649MINUTE 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)
2023-11-1650Minute 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)
2023-12-1551ORDER (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)
2024-02-0852Joint 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)
2024-02-0953ORDER 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)
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