National Public Radio, Inc. v. U.S. Central Command
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 NATIONAL PUBLIC RADIO, INC. and Case No. 21-cv-1079-MMA (AHG)
GRAHAM SMITH,
ORDER DENYING DEFENDANTS’
Plaintiffs, MOTION TO DIMISS v. [Doc. No. 6] U.S. CENTRAL COMMAND and U.S.
DEPARTMENT OF DEFENSE,
16 Defendants. 17 18 On June 9, 2021, National Public Radio, Inc. (“NPR”) and Graham Smith (individually “Mr. Smith,” and collectively with NPR, “Plaintiffs”) filed a Complaint against U.S. Central Command (“CENTCOM”) and U.S. Department of Defense (individually “DoD,” and collectively with CENTCOM, “Defendants”) pursuant to the Freedom of Information Act, 5 U.S.C. § 552 (“FOIA”). Doc. No. 1 (“Compl.”). Defendants now move to dismiss the Complaint for lack of subject matter jurisdiction pursuant to the first-to-file rule. Doc. No. 6. Plaintiffs filed an opposition, to which Defendants replied. Doc. Nos. 7, 8. The Court found the matter suitable for determination on the papers and without oral argument pursuant to Civil…