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Case TitleELECTRONIC PRIVACY INFORMATION CENTER v. UNITED STATES DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00810
Date Filed2019-03-22
Date ClosedOpen
JudgeJudge Reggie B. Walton
PlaintiffELECTRONIC PRIVACY INFORMATION CENTER
PlaintiffJASON LEOPOLD 19cv957 plaintiff
PlaintiffBUZZFEED INC. 19cv957 plaintiff
Case DescriptionThe Electronic Privacy Information Center submitted a FOIA request for records concerning the investigation into Russian interference with the 2016 presidential election. EPIC also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and took a 10-day extension. After hearing nothing further from the agency, EPIC filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantDAVID ANDREW CHRISTENSON
DefendantDAVID ANDREW CHRISTENSON
TERMINATED: 04/05/2019
AppealD.C. Circuit 19-5121
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-221COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-6017881) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons)(Davisson, John) (Entered: 03/22/2019)
2019-03-232LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ELECTRONIC PRIVACY INFORMATION CENTER (Davisson, John) (Entered: 03/23/2019)
2019-03-25Case Assigned to Judge Reggie B. Walton. (zef, ) (Entered: 03/25/2019)
2019-03-253SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 03/25/2019)
2019-03-264RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/26/2019. Answer due for ALL FEDERAL DEFENDANTS by 4/25/2019. (Davisson, John) (Entered: 03/26/2019)
2019-03-265MOTION for Leave to Join and Intervene by DAVID ANDREW CHRISTENSON (jf) (Entered: 03/27/2019)
2019-03-296NOTICE of Appearance by Courtney Danielle Enlow on behalf of All Defendants (Enlow, Courtney) (Entered: 03/29/2019)
2019-03-297MOTION for Preliminary Injunction by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit Index, # 4 Exhibit Nos. 1-7)(Davisson, John) (Entered: 03/29/2019)
2019-04-018RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/1/2019. (Davisson, John) (Entered: 04/01/2019)
2019-04-019RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 4/1/2019 (Davisson, John) (Entered: 04/01/2019)
2019-04-0110GENERAL ORDER. Signed by Judge Reggie B. Walton on April 1, 2019. (lcrbw1) (Entered: 04/01/2019)
2019-04-0111ORDER. In accordance with the reasons stated in the attached Order, it is hereby ORDERED that David Christenson's 5 Motion for Leave to File Motion to Join and Intervene is GRANTED. It is further ORDERED that David Christenson shall file his motion to join or intervene on or before 12:00 p.m. on April 4, 2019. It is further ORDERED that the Department shall file its opposition to David Christenson's motion to join or intervene on or before 12:00 p.m. on April 8, 2019. It is further ORDERED that the Department shall file its opposition to the plaintiff's motion for preliminary injunction on or before April 5, 2019. It is further ORDERED that the plaintiff shall file its reply in support of its motion on or before 12:00 p.m. on April 8, 2019. It is further ORDERED that the parties shall appear before the Court for a hearing on the Plaintiff's Motion for a Preliminary Injunction on April 9, 2019, at 9:00 a.m. Signed by Judge Reggie B. Walton on April 1, 2019. (lcrbw1) (Entered: 04/01/2019)
2019-04-0112NOTICE of Appearance by Alan Jay Butler on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Butler, Alan) (Entered: 04/01/2019)
2019-04-02Set/Reset Deadlines/Hearings: David Christenson shall file his motion to join or intervene on or before 12:00 p.m. on April 4, 2019. It is further ORDERED that the Department shall file its opposition to David Christenson's motion to join or intervene on or before 12:00 p.m. on April 8, 2019. It is further ORDERED that the Department shall file its opposition to the plaintiff's motion for preliminary injunction on or before April 5, 2019. It is further ORDERED that the plaintiff shall file its reply in support of its motion on or before 12:00 p.m. on April 8, 2019. It is further ORDERED that the parties shall appear before the Court for a hearing on the Plaintiff's Motion for a Preliminary Injunction on April 9, 2019, at 9:00 a.m. Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 04/02/2019)
2019-04-0213LEAVE TO FILE DENIED- David Andrew Christenson's motion for leave to memorandum concerning my 20 year exercise in futility This document is unavailable as the Court denied its filing. "Leave to file is denied." Signed by Judge Reggie B. Walton on 4/2/19. (ztd) Modified to add text on 4/3/2019 (znmw). (Entered: 04/02/2019)
2019-04-0214NOTICE of Appearance by Marc Rotenberg on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Rotenberg, Marc) (Entered: 04/02/2019)
2019-04-0415LEAVE TO FILE DENIED- David Christenson's Motion for Leave to Memorandum concerning my 20-year exercise in futility This document is unavailable as the Court denied its filing. "Leave to file is Denied," Signed by Judge Reggie B. Walton on 4/4/19. (ztd) Modified to add text on 4/5/2019 (znmw). (Entered: 04/05/2019)
2019-04-0416MOTION to Intervene by DAVID ANDREW CHRISTENSON (Attachments: # 1 Attachments 1-4)(ztd) (Entered: 04/05/2019)
2019-04-0517MOTION to Amend/Correct 16 MOTION to Intervene by DAVID ANDREW CHRISTENSON (ztd); ("Leave to file is Granted" signed 4/5/19 by Judge Walton) (Entered: 04/05/2019)
2019-04-0518RESPONSE re 17 MOTION to Amend/Correct 16 MOTION to Intervene, 16 MOTION to Intervene filed by UNITED STATES DEPARTMENT OF JUSTICE. (Enlow, Courtney) (Entered: 04/05/2019)
2019-04-0519RESPONSE re 7 MOTION for Preliminary Injunction filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Declaration of Vanessa Brinkmann)(Enlow, Courtney) (Entered: 04/05/2019)
2019-04-0520ORDER. In accordance with the reasons stated in the attached Order, it is hereby ORDERED that Mr. Christenson's 16 Motion to Join and Intervene per Judge Walton's Order dated April 1[], 2019, is DENIED. It is further ORDERED that the Court's April 1, 2019 Order, ECF No. 11, to the extent that it requires the Department to file its opposition to Mr. Christenson's motion to join or intervene on or before 12:00 p.m. on April 8, 2019, is VACATED. It is further ORDERED that Mr. Christenson's 17 Motion for Leave to File Amended Motion to Join and Intervene and Open Letter to Judge Reggie B. Walton is DENIED. Signed by Judge Reggie B. Walton on April 5, 2019. (lcrbw1) (Entered: 04/05/2019)
2019-04-0821REPLY to opposition to motion re 7 MOTION for Preliminary Injunction filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Exhibit 8)(Butler, Alan) (Entered: 04/08/2019)
2019-04-0822LEAVE TO FILE DENIED- David Andrew Christenson's Letter to Judge Walton This document is unavailable as the Court denied its filing. "Leave to File is Denied." Signed by Judge Reggie B. Walton on 4/8/19. (ztd) Modified to add text on 4/9/2019 (znmw). (Entered: 04/08/2019)
2019-04-0823NOTICE of Appearance by Elizabeth J. Shapiro on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Shapiro, Elizabeth) (Main Document 23 replaced on 4/9/2019) (ztd). (Entered: 04/08/2019)
2019-04-09Minute Entry; Proceedings held before Judge Reggie B. Walton: Motion Hearing held on 4/9/2019 re 7 MOTION for Preliminary Injunction filed by ELECTRONIC PRIVACY INFORMATION CENTER. Oral Ruling issued Denying Without Prejudice 7 Motion for Preliminary Injunction. Status Conference set for 5/2/2019 at 10:00 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (hs) (Entered: 04/09/2019)
2019-04-0924ORDER. In accordance with the Court's oral rulings issued at the motion hearing held on the same date, it is hereby ORDERED that the 7 Plaintiff's Motion for a Preliminary Injunction is DENIED WITHOUT PREJUDICE. Specifically, the motion is denied because the plaintiff has not satisfied its burden of demonstrating that it faces irreparable harm in the absence of an injunction. It is further ORDERED that the government shall file its answer to the plaintiff's Complaint on or before April 25, 2019. It is further ORDERED that the parties shall appear before the Court on May 2, 2019, at 10:00 a.m. to discuss how the parties wish to proceed in this case. Signed by Judge Reggie B. Walton on April 9, 2019. (lcrbw1) (Entered: 04/09/2019)
2019-04-1025TRANSCRIPT OF PROCEEDINGS before Judge Reggie B. Walton held on April 9, 2019; Page Numbers: 1 - 27. Court Reporter/Transcriber Cathryn Jones, Telephone number 2023543246, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 5/1/2019. Redacted Transcript Deadline set for 5/11/2019. Release of Transcript Restriction set for 7/9/2019.(Jones, Cathryn) (Entered: 04/10/2019)
2019-04-1126ORDER. In accordance with the reasons stated in the attached Order, it is hereby ORDERED that, on or before April 19, 2019, the parties in the above-captioned matters shall SHOW CAUSE as to why the cases should not be consolidated. Signed by Judge Reggie B. Walton on April 11, 2019. (lcrbw1) (Entered: 04/11/2019)
2019-04-12Set/Reset Deadlines: Responses to Show Cause Order due by 4/19/2019. (hs) (Entered: 04/12/2019)
2019-04-12Set/Reset Hearings: Status Conference set for 5/2/2019 at 10:00 AM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 04/12/2019)
2019-04-1227RESPONSE TO ORDER TO SHOW CAUSE by UNITED STATES DEPARTMENT OF JUSTICE re 26 Order, . (Attachments: # 1 Text of Proposed Order)(Enlow, Courtney) (Entered: 04/12/2019)
2019-04-1231LEAVE TO FILE DENIED- David Christenson's motion for leave to file a critical example of why I should prevail on behalf of you, your family, all American and Mankind This document is unavailable as the Court denied its filing.. Signed by Judge Reggie B. Walton on 4/12/19. (ztd) (Entered: 04/22/2019)
2019-04-1629NOTICE OF APPEAL as to 20 Order on Motion to Intervene,,, Order on Motion to Amend/Correct,, by DAVID ANDREW CHRISTENSON. Fee Status: No Fee Paid. Parties have been notified. ("Leave to file granted" signed 4/16/19 by Judge Walton) (ztd) (Entered: 04/22/2019)
2019-04-1828RESPONSE TO ORDER TO SHOW CAUSE by ELECTRONIC PRIVACY INFORMATION CENTER re 26 Order, . (Attachments: # 1 Exhibit No. 1 (Part 1 of 2), # 2 Exhibit No. 1 (Part 2 of 2))(Davisson, John) (Entered: 04/18/2019)
2019-04-1832LEAVE TO FILE DENIED- David Christenson's (2) Motion to Appoint Justice (Retired) Richard A. Posner as Co-Counsel; (2) Motion for Leave to file supplemental Motion to Reconsider; and Motion for leave to file motion to reconsider This document is unavailable as the Court denied its filing.. Signed by Judge Reggie B. Walton on 4/18/19. (ztd) (Entered: 04/22/2019)
2019-04-2230Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court re 29 Notice of Appeal,. (ztd) (Entered: 04/22/2019)
2019-04-2233ORDER. In accordance with the reasons stated in the attached Order, it is hereby ORDERED that the parties' obligations under the Court's April 11, 2019 Order to Show Cause are DISCHARGED. It is further ORDERED that, to the extent that the plaintiffs in the above-captioned matters are seeking the release of the Special Counsel Mueller's report regarding the investigation into Russian interference in the 2016 United States presidential election, Case No. 19-cv-810 is CONSOLIDATED with Case No. 19-cv-957. It is further ORDERED that the parties shall make all future filings only in Case No. 19-cv-810, and the Clerk of the Court shall refuse to accept any filings in Case No. 19-cv-957. Signed by Judge Reggie B. Walton on April 22, 2019. (lcrbw1) (Entered: 04/22/2019)
2019-04-2240LEAVE TO FILE DENIED- David Andrew Christenson's Motion for leave to file supplemental motion to reconsider This document is unavailable as the Court denied its filing. "Leave to File is denied," Signed by Judge Reggie B. Walton on 4/22/19. (ztd) Modified to add text on 5/7/2019 (znmw). (Entered: 05/02/2019)
2019-04-2241LEAVE TO FILE DENIED- David Andrew Christenson's Notice We Have Blood on Our Hands... This document is unavailable as the Court denied its filing. "Leave to File is denied," Signed by Judge Reggie B. Walton on 4/22/19. (ztd) Modified to add text on 5/7/2019 (znmw). (Entered: 05/02/2019)
2019-04-2242LEAVE TO FILE DENIED- David Andrew Christenson's Motion to Appoint Justice (Retired) Richard A. Posner as Co-Counsel This document is unavailable as the Court denied its filing. "Leave to File is denied," Signed by Judge Reggie B. Walton on 4/22/19. (ztd) Modified to add text on 5/7/2019 (znmw). (Entered: 05/02/2019)
2019-04-2334NOTICE OF APPEAL as to 20 Order on Motion to Intervene, Order on Motion to Amend/Correct, by DAVID ANDREW CHRISTENSON. Fee Status: No Fee Paid. Parties have been notified. (zrdj) (Entered: 04/25/2019)
2019-04-2535Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court re 34 Notice of Appeal. (zrdj) (Entered: 04/25/2019)
2019-04-2536ANSWER to Complaint from Electronic Privacy Information Center by UNITED STATES DEPARTMENT OF JUSTICE.(Enlow, Courtney) (Entered: 04/25/2019)
2019-04-2537ANSWER to Complaint by Jason Leopold and Buzzfeed, Inc. in consolidated action 19-cv-957 by UNITED STATES DEPARTMENT OF JUSTICE.(Enlow, Courtney) (Entered: 04/25/2019)
2019-04-26USCA Case Number 19-5121 for 34 Notice of Appeal filed by DAVID ANDREW CHRISTENSON. (zrdj) (Entered: 04/26/2019)
2019-04-3038STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 04/30/2019)
2019-05-0139STATUS REPORT by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, UNITED STATES DEPARTMENT OF JUSTICE. (Enlow, Courtney) (Entered: 05/01/2019)
2019-05-02Minute Entry for Status Conference proceedings held on 5/2/2019 before Judge Reggie B. Walton: Defendant's summary judgment motions due by 6/3/2019. Plantiffs'response to the summary judgment and cross motions for summary judgment due by 6/24/2019. Reply to motions for summary judgment and response to cross motions due by 7/8/2019. Reply to cross motions due by 7/15/2019. Status Report on the remaining records due by 6/17/2019. Status Conference set for 7/2/2019 at 10:00 AM in Courtroom 16. Status Conference set for 8/5/2019 at 10:00 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) Associated Cases: 1:19-cv-00810-RBW, 1:19-cv-00957-RBW(gdf) (Entered: 05/02/2019)
2019-05-0343ORDER.In accordance with the Cour's oral rulings issued at the status conference held on the May 2, 2019, it is hereby ORDERED that, on or before May 6, 2019, the defendant shall produce to the plaintiffs a redacted copy of Special Counsel Mueller's report regarding the investigation into Russian interference in the 2016 United States presidential election with the appropriate exemption markings under the Freedom of Information Act. It is further ORDERED that the parties' obligation to submit a statement of material facts with their respective motions for summary judgment under Local Civil Rule 7(h)(1) is WAIVED. It is further ORDERED that the defendant shall file its motion for summary judgment on or before June 3, 2019. It is further ORDERED that the Electronic Privacy Information Center's request that the defendant submit, for in camera review, the original, unredacted version of the Special Counsel Mueller's report regarding the investigation into Russian interference in the 2016 United States presidential election with the filing of its motion for summary judgment is DENIED WITHOUT PREJUDICE. It is further ORDERED that the plaintiffs shall file their opposition to the defendant's motion and any cross-motion for summary judgment on or before June 24, 2019. It is further ORDERED that the defendant shall file its combined reply in support of its motion and opposition to any cross-motion on or before July 8, 2019. It is further ORDERED that the plaintiffs shall file their reply in support of any cross-motion on or before July 15, 2019. It is further ORDERED that the parties shall appear for a status conference on August 5, 2019, at 10:00 a.m. for a hearing on the parties' cross-motions for summary judgment. It is further ORDERED that, on or before June 3, 2019, the defendant shall produce all non-exempt records responsive to Category 5 of the Electronic Privacy Information Center's FOIA request. It is further ORDERED that, on or before June 17, 2019, the parties shall submit a joint status report regarding how the case shall proceed with respect to the additional documents sought by the Electronic Privacy Information Center. It is further ORDERED that the parties shall appear for a status conference on July 2, 2019, at 10:00 a.m., in order to propose a production schedule to the Court for the additional documents sought by the Electronic Privacy Information Center. Signed by Judge Reggie B. Walton on May 3, 2019. (lcrbw1) (Entered: 05/03/2019)
2019-05-06Set/Reset Deadlines: Reply to Cross Motions due by 7/15/2019. Joint Status Report due by 6/17/2019 Summary Judgment motions due by 6/3/2019. Response to Motion for Summary Judgment/Cross Motion due by 6/24/2019. Reply to Motion for Summary Judgment due by 7/8/2019. (hs) (Entered: 05/06/2019)
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