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Case TitleJAMES MADISON PROJECT et al v. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00597
Date Filed2017-04-04
Date Closed2020-03-03
JudgeJudge Amit P. Mehta
PlaintiffJAMES MADISON PROJECT
PlaintiffBRAD HEATH Gannett Satellite Information Network, LLC
doing business as USA TODAY
Case DescriptionThe James Madison Project and reporter Brad Heath submitted FOIA requests to the FBI for records concerning applications to the Foreign Intelligence Surveillance Court for warrants to surveil the Trump campaign's communications with Russian agents. JMP and Heath also requested expedited processing. The FBI acknowledged receipt of the request and granted expedited processing. However, after hearing nothing further from the agency, JMP and Heath filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [51]
FOIA Project Annotation: Judge Amit Mehta has ruled that a White House press release confirming that President Donald Trump had ordered declassification of 21 pages of the FISA surveillance warrant application on Carter Page constituted an official declassification of those pages and waived any Exemption 1 (national security) claim for those records. In response to litigation brought by the James Madison Project and USA Today reporter Brad Heath for records on the FISA warrant application for Page, the Department of Justice continued to argue that certain pages were still protected by Exemption 1 and Exemption 3 (other statutes). JMP and Heath argued that the White House press release constituted an official declassification of the documents, meaning Exemption 1 no longer applied. The agency argued that the press release did not constitute a declassification order and was only a statement by the press secretary. Mehta disagreed, noting that "the Release's use of the word 'direct' suggests that the President ordered the Department of Justice to declassify the pages. And, while it is true that the Press Release is a statement of the Press Secretary, and not the President, Defendant offers no reason to believe that the Press Release inaccurately conveys the President's 'directive.' Thus, contrary to what Defendant says, it would appear that the President did make 'his intentions clear. . .to declassify information.'" The agency also argued that a later Trump tweet suggested that he had not meant to declassify the records. But Mehta observed that "the tweet only injects ambiguity as to the President's intentions. The tweet does not identify the documents to which the President is referring, let alone refer to the Pages, and it leaves unclear whether the President rescinded the directive announced in the Press Release." He explained that "Defendant should have provided some clarification about what instructions the Department of Justice received concerning the 'declassification' of the Pages' contents. But none of the declarations submitted by Defendant even mention the Press Release. Therefore, on the present record, the court cannot find that Defendant's withholding of information from the Pages, was proper under FOIA Exemption 1." Alternatively, DOJ argued the withholdings were appropriate under Exemption 7(D) (confidential sources) and Exemption 7(E) (investigative methods and techniques). Mehta concluded that under the circumstances those exemptions did not apply either. He pointed out that "why would the President order declassification of the Pages, if the agency could still rely on other already-asserted exemptions to withhold the very same material? Such an order would not result in any additional public information. And it would not promote the 'transparency' that the Press Release identified as a reason for the President's action. The court cannot presume that the President's declassification order was meant to have no practical effect."
Issues: Exemption 7(D) - Confidential sources, Exemption 1 - Properly classified, Exemption 7(E) - Investigative methods or techniques
Opinion/Order [62]
FOIA Project Annotation: Judge Amit Mehta has ruled that the Department of Justice properly withheld the remaining 21 pages of materials concerning Foreign Intelligence Surveillance Act applications pertaining to Carter Page under Exemption 1 (national security), rejecting the claim by the James Madison Project that a White House press release explaining that President Donald Trump had ordered the declassification of pages 10-12 and 17-34 of the Page applications applied to the remaining pages as well. JMP and USA Today reporter Brad Heath requested FISA applications concerning the Trump Organization, President Trump, Trump's campaign, or people associated with Trump. DOJ disclosed 412 heavily redacted pages. However, two months after the agency's disclosure, Trump ordered pages 10-12 and 17-34 of the Page application declassified. JMP and Heath argued that the White House press release "reflected a presidential order to declassify the referenced pages in full." DOJ responded that "there had been 'no presidential declassification, and the President has publicly indicated that he is not requiring declassification at this time, much less full disclosure.'" DOJ also contended that "the Press Release is 'indisputably a statement from the press secretary, not an order from the President.'" In an earlier opinion in this case, Mehta has indicated that it was unclear whether the White House press release constituted a declassification order and told the agency to provide a more thorough explanation. This time, Mehta found the agency's explanation sufficient, noting that "after reviewing the [agency's declaration], the court is satisfied that Defendant has met its burden of establishing that the Press Release from September 17, 2018 did not constitute or reflect a presidential order to declassify the Pages. Accordingly, the Pages were properly withheld pursuant to Exemption 1." JMP and Heath argued that there was no indication that the order had been rescinded or postponed. Mehta pointed out that "this argument misses the point. . .[T]he court never held that the Press Release was a declassification order or its equivalent. To the country, the court observed that the Press Release's text 'suggests' it might be or 'would appear' to be a declassification order or reflect one, but ultimately found the Press Release and the events that followed to be ambiguous." Mehta expressed irritation with JMP and Heath's suggestion that there was more to dispose of in the suit than the disputed 21 pages. Instead, Mehta emphasized that "there is not. Plaintiffs had every opportunity to oppose and cross-move as to any and all issues raised in Defendant's original motion for summary judgment, or as to any other issues they raised. They chose instead to contest only one discrete issue. Plaintiffs cannot now revive what they long ago abandoned."
Issues: Exemption 1 - Harm to national security
User-contributed Documents
 13 Declaration of David Hardy
13 Declaration of G. Bradley Weinsheimer
13 Defendant's Motion For Summary Judgment
13 Exhibits A B C
17 Plaintiffs' Opposition To Defendant's Motion For SJ
18 Memorandum Opposing Defendant's Motion for Partial SJ
21 Defendant's Opposition To Plaintiff'S Motion For SJ
23 Reply In Support Of Plaintiffs’ Cross-Motion For SJ
25 Notice Of Supplemental Information
27 Declaration of G. Bradley Weinsheimer
27 Notice Of Supplemental Information
27 Supplemental Declaration of G. Bradley Weinsheimer
28 Response To The Court's January 5, 2018, Order
29 Defendant's Supplemental Memorandum
32 Defendant's Response To Order
40 Defendant's Motion For Summary Judgment
41 Plaintiff Cross-Motion for Partial SJ
41 Rule 56(d) Declaration of Bradley P Moss
42 Plaintiff Opposition to Defendant Motion for SJ
43 Declaration of Michael Seidel
43 Defendant's Memorandum Opposing Motion for SJ
45 Plaintiffs' Reply In Support Of Cross-Motion For Partial SJ
46 Defendant's Notice Of Supplemental Authority
49 Defendant's Supplemental Memorandum
49 Fourth Declaration of David Hardy
52 Declaration of G. Bradley Weinsheimer
52 Defendant's Renewed Motion For Summary Judgment
53 Plaintiff Opposition to Motion for SJ
53 Rule 56(d) Declaration of Bradley P. Moss
55 Declaration of Amy Powell
55 Defendant's Reply in Support of Renewed Motion for SJ
60 Plaintiffs’ Response To Defendant's Status Report
64 Plaintiff's Partial Motion For Reconsideration
66 Plaintiff Reply in Support of Partial Motion for Reconsider.
Notice of Supplemental Information
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-04-041COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4899620) filed by JAMES MADISON PROJECT, BRAD HEATH. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Rule 7.1 certification, # 3 Summons DOJ, # 4 Summons USADC, # 5 Summons USAG)(Moss, Bradley) (Entered: 04/04/2017)
2017-04-04Case Assigned to Judge Colleen Kollar-Kotelly. (md) (Entered: 04/06/2017)
2017-04-062LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JAMES MADISON PROJECT (md) (Entered: 04/06/2017)
2017-04-063SUMMONS (3) Issued Electronically as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 04/06/2017)
2017-04-064ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on April 6, 2017. (NS) (Entered: 04/06/2017)
2017-04-155AMENDED COMPLAINT against DEPARTMENT OF JUSTICE filed by JAMES MADISON PROJECT, BRAD HEATH.(Moss, Bradley) (Entered: 04/15/2017)
2017-04-196NOTICE of Appearance by Amy E. Powell on behalf of All Defendants (Powell, Amy) (Entered: 04/19/2017)
2017-04-247RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 4/10/2017 (Attachments: # 1 Exhibit DOJ receipt)(Moss, Bradley) (Entered: 04/24/2017)
2017-04-248RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4-10-2017. (Attachments: # 1 Exhibit USAG receipt)(Moss, Bradley) (Entered: 04/24/2017)
2017-04-249RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/10/2017. Answer due for ALL FEDERAL DEFENDANTS by 5/10/2017. (Attachments: # 1 Exhibit USADC receipt)(Moss, Bradley) (Entered: 04/24/2017)
2017-05-1010ANSWER to 5 Amended Complaint by DEPARTMENT OF JUSTICE. Related document: 5 Amended Complaint filed by BRAD HEATH, JAMES MADISON PROJECT.(Powell, Amy) (Entered: 05/10/2017)
2017-05-1011ORDER. The parties shall MEET AND CONFER and file a Joint Status Report proposing a schedule for proceeding in this matter by no later than MAY 24, 2017. Signed by Judge Colleen Kollar-Kotelly on 5/10/2017. (lcckk3) (Entered: 05/10/2017)
2017-05-11Set/Reset Deadlines: Joint Status Report due by 5/24/2017. (kt) (Entered: 05/11/2017)
2017-05-2312Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Powell, Amy) (Entered: 05/23/2017)
2017-05-23MINUTE ORDER. The Court is in receipt of the parties' 12 Joint Status Report, wherein the parties propose a briefing schedule for this matter. The parties shall adhere to the following schedule: Defendant shall file its motion for summary judgment no later than JULY 14, 2017. Plaintiffs shall file their opposition to Defendant's motion, and their own cross-motion for summary judgment, no later than AUGUST 14, 2017. Defendant shall file its reply and its opposition to Plaintiffs' cross-motion no later than AUGUST 31, 2017. Plaintiffs shall file their reply no later than SEPTEMBER 14, 2017. Signed by Judge Colleen Kollar-Kotelly on 5/23/2017. (lcckk3) (Entered: 05/23/2017)
2017-07-1413MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of G. Bradley Weinsheimer, # 2 Exhibits to Weinsheimer Declaration, # 3 Declaration of David Hardy, # 4 Exhibits to Hardy Declaration, # 5 Text of Proposed Order)(Powell, Amy) (Entered: 07/14/2017)
2017-07-1414ERRATA to Document 13-4 - Exhibits to the Hardy Declaration by DEPARTMENT OF JUSTICE 13 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Powell, Amy) (Entered: 07/14/2017)
2017-08-0915Consent MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment by BRAD HEATH, JAMES MADISON PROJECT (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 08/09/2017)
2017-08-0916ORDER GRANTING 15 Consent Motion for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment. Signed by Judge Colleen Kollar-Kotelly on 8/9/2017. (lcckk3) (Entered: 08/09/2017)
2017-08-09Set/Reset Deadlines: Plaintiffs' Response to 13 due by 8/18/2017. Defendant's Reply due by 9/12/2017. Plaintiffs' Reply due by 9/28/17. (dot) (Entered: 08/09/2017)
2017-08-1817Memorandum in opposition to re 13 MOTION for Summary Judgment filed by BRAD HEATH, JAMES MADISON PROJECT. (Attachments: # 1 Statement of Facts (Response), # 2 Text of Proposed Order)(Moss, Bradley) (Entered: 08/18/2017)
2017-08-1818Cross MOTION for Summary Judgment by BRAD HEATH, JAMES MADISON PROJECT (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Moss, Bradley) (Entered: 08/18/2017)
2017-09-0719NOTICE of Change of Address by Amy E. Powell (Powell, Amy) (Entered: 09/07/2017)
2017-09-0820Consent MOTION for Extension of Time to File Response/Reply by DEPARTMENT OF JUSTICE (Powell, Amy) (Entered: 09/08/2017)
2017-09-11MINUTE ORDER. The Court is in receipt of Defendant's 20 Unopposed Motion for Extension of Time to File Summary Judgment Opposition and Reply. Defendant requests an additional three days to file its pleading because defense counsel is busy with other matters. This is Defendant's first request to extend this particular deadline and Plaintiff does not oppose. Defendant acknowledges that its motion is untimely, but represents that any future motions for extensions will be filed on time. Defendant's motion is GRANTED. Defendant shall file its Summary Judgment Opposition and Reply by no later than SEPTEMBER 15, 2017. Plaintiff shall file its Reply by no later than SEPTEMBER 29, 2017. Signed by Judge Colleen Kollar-Kotelly on 9/11/2017. (lcckk3) (Entered: 09/11/2017)
2017-09-11Set/Reset Deadlines: Defendant's Response to 18 Cross Motions due by 9/15/2017. Defendant's Reply to 13 Motion for Summary Judgment due by 9/15/2017. Plaintiffs' Reply to 18 Cross Motions due by 9/29/2017. (dot) (Entered: 09/11/2017)
2017-09-1521REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Powell, Amy) (Entered: 09/15/2017)
2017-09-1522Memorandum in opposition to re 18 Cross MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Response to Pls Statement of Facts, # 2 Text of Proposed Order)(Powell, Amy) (Entered: 09/15/2017)
2017-09-18Case directly reassigned to Judge Timothy J. Kelly. Judge Colleen Kollar-Kotelly is no longer assigned to the case. (ztnr) (Entered: 09/18/2017)
2017-09-2923REPLY to opposition to motion re 18 Cross MOTION for Summary Judgment filed by BRAD HEATH, JAMES MADISON PROJECT. (Moss, Bradley) (Entered: 09/29/2017)
2017-11-0224Case randomly reassigned to Judge Amit P. Mehta. Judge Timothy J. Kelly is no longer assigned to the case. (ztnr) (Entered: 11/03/2017)
2017-11-0325NOTICE of Supplemental Information by BRAD HEATH, JAMES MADISON PROJECT (Moss, Bradley) (Entered: 11/03/2017)
2017-11-2926NOTICE of Supplemental Information by BRAD HEATH, JAMES MADISON PROJECT (Moss, Bradley) (Entered: 11/29/2017)
2017-12-1827NOTICE of Supplemental Information by BRAD HEATH, JAMES MADISON PROJECT (Attachments: # 1 Exhibit 1 (Gizmodo litigation declaration), # 2 Exhibit 2 (American Oversight litigation declaration))(Moss, Bradley) (Entered: 12/18/2017)
2018-01-05MINUTE ORDER. On January 4, 2018, the court issued a Memorandum Opinion, ECF No. 36, in James Madison Project v. Dep't of Justice, 17-cv-144 (APM), which directly addresses many of the issues raised in this case concerning the official acknowledgment doctrine. In light of the court's decision in James Madison, 17-cv-144, the court invites the parties, if they wish, to supplement their briefing in this case to take account of the court's decision in James Madison, 17-cv-144, and apply it to the facts of this case. The parties' supplemental briefs shall be due no later than January 17, 2018, and shall be limited to five pages. Signed by Judge Amit P. Mehta on 01/05/2018. (lcapm3) (Entered: 01/05/2018)
2018-01-1728RESPONSE TO ORDER OF THE COURT re Order,, filed by BRAD HEATH, JAMES MADISON PROJECT. (Moss, Bradley) (Entered: 01/17/2018)
2018-01-1729SUPPLEMENTAL MEMORANDUM to Respond to Order of the Court filed by DEPARTMENT OF JUSTICE. (Powell, Amy) (Entered: 01/17/2018)
2018-01-2230NOTICE of Supplemental Information by BRAD HEATH, JAMES MADISON PROJECT (Moss, Bradley) (Entered: 01/22/2018)
2018-02-0231NOTICE of Supplemental Information by BRAD HEATH, JAMES MADISON PROJECT (Attachments: # 1 Exhibit 1 - Nunes Memo)(Moss, Bradley) (Entered: 02/02/2018)
2018-02-02MINUTE ORDER. No later than February 14, 2018, Defendant shall notify the court whether the release of the "Nunes Memo" referenced in Plaintiffs' 31 Notice of Supplemental Information affects Defendant's blanket Glomar response to Plaintiffs' FOIA request. If Defendant maintains that the Nunes Memo's release does not in any way change the agency's Glomar response, it shall set forth its justification for that position. Signed by Judge Amit P. Mehta on 02/02/2018. (lcapm3) (Entered: 02/02/2018)
2018-02-1432RESPONSE TO ORDER OF THE COURT Response to Court Order by DEPARTMENT OF JUSTICE (Powell, Amy) Modified event title on 2/20/2018 (znmw). (Entered: 02/14/2018)
2018-02-14MINUTE ORDER. In light of Defendant's 32 Notice, Plaintiffs shall file, no later than Friday, February 16, 2018, their response to Defendant's proposal for further proceedings in this matter. Signed by Judge Amit P. Mehta on 02/14/2018. (lcapm3) (Entered: 02/14/2018)
2018-02-1633RESPONSE re 32 to Defendant's Response to Order filed by BRAD HEATH, JAMES MADISON PROJECT. (Moss, Bradley) Modified to add link on 2/20/2018 (znmw). (Entered: 02/16/2018)
2018-02-16MINUTE ORDER. In light of the parties' 32 33 recent submissions, Defendant's 13 Motion for Summary Judgment and Plaintiffs' 18 Cross-Motion for Summary Judgment are denied without prejudice as moot. The parties shall appear for a status conference on March 19, 2018, at 10:00 am in Courtroom 10. Signed by Judge Amit P. Mehta on 02/16/2018. (lcapm3) (Entered: 02/16/2018)
2018-02-16Set/Reset Deadlines/Hearings: Status Conference set for 3/19/2018 at 10:00 AM in Courtroom 10 before Judge Amit P. Mehta. (zcdw) (Entered: 02/20/2018)
2018-03-1634Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of David M. Hardy)(Powell, Amy) (Entered: 03/16/2018)
2018-03-19Minute Entry: Status Conference held on 3/19/2018 before Judge Amit P. Mehta: Discovery due by 7/20/2018. Status Report due by 5/18/2018. (Court Reporter Jan Dickman) (tb) (Entered: 03/19/2018)
2018-05-1835STATUS REPORT by DEPARTMENT OF JUSTICE. (Powell, Amy) (Entered: 05/18/2018)
2018-05-21MINUTE ORDER. The parties shall file a Joint Status Report on or before July 24, 2018, updating the court on the status of processing and production and, if necessary, proposing a summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 05/21/2018. (lcapm3) (Entered: 05/21/2018)
2018-05-21Set/Reset Deadlines: Joint Status Report due by 7/24/2018. (zjd) (Entered: 05/24/2018)
2018-07-2436Joint STATUS REPORT by BRAD HEATH, JAMES MADISON PROJECT. (Moss, Bradley) (Entered: 07/24/2018)
2018-08-08MINUTE ORDER. The court has considered the parties' respective positions set forth in the July 24, 2018 36 Joint Status Report, and does not agree with Plaintiff that separate briefing is required to determine the relevance of the President's tweets concerning the redactions made to the Carter Page FISA applications. The parties shall meet and confer about the exemptions claimed to support the redactions and, no later than August 17, 2018, file an additional status report with the court that sets forth how the parties wish to proceed and, if necessary, proposes a summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 08/08/2018. (lcapm3) (Entered: 08/08/2018)
2018-08-08Set/Reset Deadlines: Joint Status Report due by 8/17/2018. (zjd) (Entered: 08/08/2018)
2018-08-1537Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Powell, Amy) (Entered: 08/15/2018)
2018-08-2238ORDER entering the briefing schedule proposed in the parties' 37 Joint Status Report. The schedule for further proceedings in this matter is as follows: (1) Defendant's Motion for Summary Judgment shall be filed on or before October 19, 2018; (2) Plaintiffs' Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment shall be filed on or before November 9, 2018; (3) Defendant's Reply and Opposition to Plaintiffs' Motion for Summary Judgment shall be filed on or before November 30, 2018; and (4) Plaintiffs' Reply shall be filed on or before December 21, 2018. Signed by Judge Amit P. Mehta on 08/22/2018. (lcapm3) (Entered: 08/22/2018)
2018-08-22Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 10/19/2018. Plaintiff's Cross-Motion for Summary Judgment and Opposition due by 11/9/2018. Defendant's Reply and Opposition due by 11/30/2018. Plaintiff's Reply due by 12/21/2018. (zjd) (Entered: 08/22/2018)
2018-10-1939NOTICE of Lodging Classified Material by DEPARTMENT OF JUSTICE (Powell, Amy) (Entered: 10/19/2018)
2018-10-1940MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration Of David Hardy (3rd) (Redacted), # 2 Combined Exhibits to 3rd Hardy Declaration, # 3 Declaration of Patrick Findlay and Exhibits)(Powell, Amy) (Entered: 10/19/2018)
2018-11-0941Cross MOTION for Partial Summary Judgment ) by BRAD HEATH, JAMES MADISON PROJECT (Attachments: # 1 Exhibit 1 - Moss Declaration, # 2 Statement of Facts, # 3 Text of Proposed Order)(Moss, Bradley) (Entered: 11/09/2018)
2018-11-0942Memorandum in opposition to re 40 MOTION for Summary Judgment filed by BRAD HEATH, JAMES MADISON PROJECT. (Attachments: # 1 Exhibit 1 - Moss Declaration, # 2 Statement of Facts Response, # 3 Text of Proposed Order)(Moss, Bradley) (Entered: 11/09/2018)
2018-11-3043Memorandum in opposition to re 41 Cross MOTION for Partial Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Response to Plaintiffs' Statement of Material Facts, # 2 Declaration of Michael G. Seidel)(Powell, Amy) (Entered: 11/30/2018)
2018-11-3044REPLY to opposition to motion re 40 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Michael G. Seidel)(Powell, Amy) (Entered: 11/30/2018)
2018-12-2045REPLY to opposition to motion re 41 Cross MOTION for Partial Summary Judgment filed by BRAD HEATH, JAMES MADISON PROJECT. (Moss, Bradley) (Entered: 12/20/2018)
2019-04-1746NOTICE OF SUPPLEMENTAL AUTHORITY by DEPARTMENT OF JUSTICE (Powell, Amy) (Entered: 04/17/2019)
2019-04-2947NOTICE of Clarification by BRAD HEATH, JAMES MADISON PROJECT (Moss, Bradley) (Entered: 04/29/2019)
2019-05-1748STATUS REPORT by DEPARTMENT OF JUSTICE. (Powell, Amy) (Entered: 05/17/2019)
2019-05-17MINUTE ORDER. The Defendant shall file any necessary supplement to Defendant's summary judgment record on or before June 28, 2019. Signed by Judge Amit P. Mehta on 05/17/2019. (lcapm1) (Entered: 05/17/2019)
2019-05-17Set/Reset Deadlines: Defendant's Supplemental Memorandum due by 6/28/2019. (zjd) (Entered: 05/20/2019)
2019-06-2849SUPPLEMENTAL MEMORANDUM to re 40 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of David M. Hardy (4th))(Powell, Amy) (Entered: 06/28/2019)
2019-07-0350NOTICE of Change of Address by Amy E. Powell (Powell, Amy) (Entered: 07/03/2019)
2019-07-3051MEMORANDUM OPINION AND ORDER denying the parties' 40 and 41 Motions for Summary Judgment. See the attached Memorandum Opinion and Order for additional details. Signed by Judge Amit P. Mehta on 07/30/2019. (lcapm3) (Entered: 07/30/2019)
2019-07-30Set/Reset Deadlines: Defendant's Supplemental Declaration and Renewed Motion for Summary Judgment due by 8/30/2019. (zjd) (Entered: 07/31/2019)
2019-08-3052MOTION for Summary Judgment , Renewed by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of G. Bradley Weinsheimer, # 2 Text of Proposed Order)(Powell, Amy) (Entered: 08/30/2019)
2019-09-1353Memorandum in opposition to re 52 MOTION for Summary Judgment , Renewed filed by BRAD HEATH, JAMES MADISON PROJECT. (Attachments: # 1 Exhibit 1 - Moss Declaration, # 2 Statement of Facts Response, # 3 Text of Proposed Order)(Moss, Bradley) (Entered: 09/13/2019)
2019-09-1654Unopposed MOTION for Extension of Time to File Response/Reply in Support of Defendant's Renewed Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Powell, Amy) (Entered: 09/16/2019)
2019-09-17MINUTE ORDER granting 54 Defendant's Unopposed Motion for an Extension. Defendant's Reply in Support of Defendant's Renewed Motion for Summary Judgment shall be filed on or before September 27, 2019. Signed by Judge Amit P. Mehta on 09/17/2019. (lcapm1) Modified document type on 9/17/2019 (zjd). (Entered: 09/17/2019)
2019-09-17Set/Reset Deadlines: Defendant's Reply due by 9/27/2019. (zjd) (Entered: 09/17/2019)
2019-09-2755REPLY to opposition to motion re 52 MOTION for Summary Judgment , Renewed filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Amy Powell with Exhibit)(Powell, Amy) (Entered: 09/27/2019)
2019-12-1056NOTICE of Supplemental Information by BRAD HEATH, JAMES MADISON PROJECT (Moss, Bradley) (Entered: 12/10/2019)
2019-12-12MINUTE ORDER. By December 20, 2019, Defendant shall advise the court whether release of the Department of Justice's Inspector General's "Review of Four FISA Applications and Other Aspects of the FBI's Crossfire Hurricane Investigation" affects Defendant's withholding of information from the 412 released pages regarding the FISA applications pertaining to Carter Page. Additionally, Defendant shall indicate whether any information withheld from the 21 pages that are the subject of the court's Memorandum Opinion and Order of July 30. 2019, are impacted by the report's release. Signed by Judge Amit P. Mehta on 12/12/2019. (lcapm3) (Entered: 12/12/2019)
2019-12-12Set/Reset Deadlines: Status Report due by 12/20/2019. (zjd) (Entered: 12/12/2019)
2019-12-2057STATUS REPORT with 5th Declaration of David Hardy by DEPARTMENT OF JUSTICE. (Powell, Amy) (Entered: 12/20/2019)
2019-12-2158Unopposed MOTION for Leave to File Response/Reply to Defendant's Status Report by BRAD HEATH, JAMES MADISON PROJECT (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 12/21/2019)
2019-12-2159ERRATA by BRAD HEATH, JAMES MADISON PROJECT. (Moss, Bradley) (Entered: 12/21/2019)
2019-12-23MINUTE ORDER granting Plaintiffs' 58 Motion for Leave to File Response/Reply. Plaintiffs may file a response to Defendant's 57 Status Report by January 9, 2020. Signed by Judge Amit P. Mehta on 12/23/2019. (lcapm1) (Entered: 12/23/2019)
2019-12-23Set/Reset Deadlines: Response due by 1/9/2020. (zjd) (Entered: 12/26/2019)
2020-01-0360RESPONSE re 57 to Defendant's Status Report filed by BRAD HEATH, JAMES MADISON PROJECT. (Attachments: # 1 Exhibit 1 - Leopold Status Conference Transcript)(Moss, Bradley) Modified to add link on 1/7/2020 (znmw). (Entered: 01/03/2020)
2020-01-2361NOTICE of Supplemental Information by BRAD HEATH, JAMES MADISON PROJECT (Attachments: # 1 Exhibit 1 - FISC Order)(Moss, Bradley) (Entered: 01/23/2020)
2020-03-0362MEMORANDUM OPINION re: 52 Defendant's Renewed Motion for Summary Judgment. See the attached Memorandum Opinion for additional details. Signed by Judge Amit P. Mehta on 03/03/2020. (lcapm3) (Entered: 03/03/2020)
2020-03-0363ORDER. For the reasons set forth in the 62 Memorandum Opinion, the court grants 52 Defendant's Renewed Motion for Summary Judgment. See the attached Order for further details. Signed by Judge Amit P. Mehta on 03/03/2020. (lcapm3) (Entered: 03/03/2020)
2020-03-1364Partial MOTION for Reconsideration by BRAD HEATH, JAMES MADISON PROJECT (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 03/13/2020)
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