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Case TitleJAMES MADISON PROJECT et al v. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv02531
Date Filed2016-12-30
Date Closed2018-10-11
JudgeJudge Trevor N. McFadden
PlaintiffJAMES MADISON PROJECT
PlaintiffLOUISE MENSCH
TERMINATED: 03/06/2018
Case DescriptionThe James Madison Project and Louise Mensch, who oversees the media project Heat Street, submitted FOIA requests to the Department of Justice, the CIA, the Office of the Director of National Intelligence, and the Department of Homeland Security for records concerning investigations into allegations that a foreign government had interfered with the presidential election. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, JMP filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantDEPARTMENT OF JUSTICE
DefendantCENTRAL INTELLIGENCE AGENCY
DefendantOFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantDEPARTMENT OF DEFENSE
DefendantFEDERAL ELECTION COMMISSION
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-12-301COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE ( Filing fee $ 400 receipt number 0090-4791570) filed by JAMES MADISON PROJECT, LOUISE MENSCH. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Rule 7.1 certification, # 3 Summons CIA, # 4 Summons DHS, # 5 Summons DOJ, # 6 Summons ODNI, # 7 Summons USADC, # 8 Summons USAG)(Moss, Bradley) (Entered: 12/30/2016)
2016-12-302LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JAMES MADISON PROJECT, LOUISE MENSCH. (md) (Entered: 12/30/2016)
2016-12-30Case Assigned to Judge Richard J. Leon. (md) (Entered: 12/30/2016)
2016-12-303SUMMONS (6) Issued Electronically as to CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Forms)(jd) (Entered: 12/30/2016)
2017-01-114RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/9/2017. Answer due for ALL FEDERAL DEFENDANTS by 2/8/2017. (Moss, Bradley) (Entered: 01/11/2017)
2017-01-115RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/9/17. (Moss, Bradley) (Entered: 01/11/2017)
2017-01-116RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTRAL INTELLIGENCE AGENCY served on 1/9/2017 (Moss, Bradley) (Entered: 01/11/2017)
2017-02-087ANSWER to Complaint by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.(Merritt, Robert) (Entered: 02/08/2017)
2017-02-108STANDING ORDER. Signed by Judge Richard J. Leon on 02/10/17. (lcrjl1) (Entered: 02/10/2017)
2017-03-149Unopposed MOTION for Leave to File First Amended Complaint by JAMES MADISON PROJECT, LOUISE MENSCH (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - First Amended Complaint, # 3 Exhibit B - Summons (DoD), # 4 Exhibit C - Summons (FEC), # 5 Text of Proposed Order)(Moss, Bradley) (Entered: 03/14/2017)
2017-03-20MINUTE ORDER granting plaintiffs' Motion for Leave to File First Amended Complaint 9 . It is hereby ORDERED that the Motion is GRANTED and that the Clerk shall file plaintiffs' First Amended Complaint on the docket. Signed by Judge Richard J. Leon on 03/20/17. (lcrjl1) (Entered: 03/20/2017)
2017-03-2010FIRST AMENDED COMPLAINT against CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, DEPARTMENT OF DEFENSE, FEDERAL ELECTION COMMISSION filed by JAMES MADISON PROJECT, LOUISE MENSCH.(znmw) (Entered: 03/21/2017)
2017-03-2111SUMMONS (2) Issued Electronically as to DEPARTMENT OF DEFENSE, FEDERAL ELECTION COMMISSION. (znmw) (Entered: 03/21/2017)
2017-04-1912ANSWER to 10 Amended Complaint, by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, FEDERAL ELECTION COMMISSION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. Related document: 10 Amended Complaint, filed by JAMES MADISON PROJECT, LOUISE MENSCH.(Merritt, Robert) (Entered: 04/19/2017)
2017-09-0613NOTICE OF WITHDRAWAL OF APPEARANCE as to LOUISE MENSCH. Attorney Bradley Prescott Moss terminated. (Zaid, Mark) (Entered: 09/06/2017)
2017-09-0614NOTICE of Appearance by Mark Steven Zaid on behalf of JAMES MADISON PROJECT (Zaid, Mark) (Entered: 09/06/2017)
2017-11-02Case directly reassigned to Judge Trevor N. McFadden. Judge Richard J. Leon is no longer assigned to the case. (ztnr) (Entered: 11/02/2017)
2017-11-15NOTICE OF HEARING: The parties shall take notice that an Initial Scheduling Conference is scheduled for December 4, 2017, at 10:00 AM, in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 11/15/2017)
2017-12-04Minute Entry for proceeding held before Judge Trevor N. McFadden. Initial Scheduling Conference held on 12/4/2017. Order forthcoming. (Court Reporter: Pat Kaneshiro-Miller.) (hmc) (Entered: 12/04/2017)
2017-12-04MINUTE ORDER: As stated during the Initial Scheduling Conference held on December 4, 2017, the parties are ORDERED to file a joint proposed scheduling order by December 18, 2017. Signed by Judge Trevor N. McFadden on 12/4/2017.(lctnm1) (Entered: 12/04/2017)
2017-12-04MINUTE ORDER: In light of pro se Plaintiff Louise Mensch's failure to appear at the Initial Scheduling Conference held on December 4, 2017, the Court directs Ms. Mensch's attention to Local Civil Rule 16.2(c)(4): "If counsel cannot avoid being unexpectedly late for, or absent from any scheduled appearance before any judge, they shall in advance of the scheduled appearance notify by telephone the judge's courtroom deputy of that fact, the reason therefore and the nature and duration of the conflicting engagements." Signed by Judge Trevor N. McFadden on 12/4/2017. (lctnm1) (Entered: 12/04/2017)
2017-12-04Set/Reset Deadlines: Joint Proposed Scheduling Order due by 12/18/2017. (hmc) (Entered: 12/04/2017)
2017-12-1815Joint STATUS REPORT and Proposed Scheduling Order by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, FEDERAL ELECTION COMMISSION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Attachments: # 1 Text of Proposed Order)(Merritt, Robert) (Entered: 12/18/2017)
2017-12-18MINUTE ORDER: Upon consideration of the parties' 15 Joint Status Report, the Defendants are ordered to make final responses to Plaintiffs' FOIA requests, including the production of any non-exempt records that are subject to FOIA and responsive to Plaintiffs' FOIA requests, by February 16, 2018. The parties are ordered to file a further Joint Status Report by March 2, 2018, advising the Court of any outstanding issues and, if necessary, providing a proposed briefing schedule for dispositive motions. Signed by Judge Trevor N. McFadden on 12/18/2017. (lctnm1) (Entered: 12/18/2017)
2017-12-1816CERTIFICATE OF SERVICE by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, FEDERAL ELECTION COMMISSION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE re 15 Status Report, . (Merritt, Robert) (Entered: 12/18/2017)
2017-12-19Set/Reset Deadlines: Defendants' responses to Plaintiffs' FOIA requests due by 2/16/2018. Joint Status Report due by 3/2/2018. (hmc) (Entered: 12/19/2017)
2018-03-0217Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, FEDERAL ELECTION COMMISSION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Merritt, Robert) (Entered: 03/02/2018)
2018-03-05MINUTE ORDER: Upon consideration of the parties' 17 Joint Status Report, the parties are ordered to file an additional Joint Status Report on March 5, 2018, recommending a briefing schedule for dispositive motions. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/5/18. (lctnm1) (Entered: 03/05/2018)
2018-03-05Set/Reset Deadlines: Joint Status Report due by 3/5/2018. (hmc) (Entered: 03/05/2018)
2018-03-0518Joint STATUS REPORT and Proposed Schedule by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, FEDERAL ELECTION COMMISSION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Attachments: # 1 Text of Proposed Order)(Merritt, Robert) (Entered: 03/05/2018)
2018-03-0519STIPULATION of Dismissal by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, FEDERAL ELECTION COMMISSION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Merritt, Robert) (Entered: 03/05/2018)
2018-03-06MINUTE ORDER: Upon consideration of the parties' 19 Joint Stipulation of Voluntary Dismissal, Plaintiff Louise Mensch's claims against the Defendants are dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Signed by Judge Trevor N. McFadden on 3/6/18. (lctnm1) (Entered: 03/06/2018)
2018-03-06MINUTE ORDER: Upon consideration of the parties' 18 Joint Status Report and Proposed Schedule, it is hereby ORDERED that Defendants' Motion for Summary Judgment shall be filed by June 14, 2018, Plaintiff's Opposition shall be filed by July 16, 2018, and Defendants' Reply shall be filed by August 15, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/6/18. (lctnm1) (Entered: 03/06/2018)
2018-03-06Set/Reset Deadlines: Defendants' Motion for Summary Judgment due by 6/14/2018. Plaintiff's opposition to Defendants' Motion for Summary Judgment due by 7/16/2018. Defendants' reply in support of its Motion for Summary Judgment due by 8/15/2018. (hmc) (Entered: 03/06/2018)
2018-03-0620CERTIFICATE OF SERVICE by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, FEDERAL ELECTION COMMISSION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE re 18 Status Report, 19 Stipulation of Dismissal . (Merritt, Robert) (Entered: 03/06/2018)
2018-04-2021STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 4/20/18. (lctnm1) (Entered: 04/20/2018)
2018-06-0822Unopposed MOTION to Modify Briefing Schedule by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, FEDERAL ELECTION COMMISSION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(Merritt, Robert) (Entered: 06/08/2018)
2018-06-08MINUTE ORDER granting Defendants' 22 Unopposed Motion to Modify Briefing Schedule. Defendants' Motion for Summary Judgment shall now be filed by June 25, 2018, Plaintiffs' Opposition shall be filed by July 27, 2018, and Defendants' Reply shall be filed by August 22, 2018. Signed by Judge Trevor N. McFadden on 6/8/18. (lctnm1) (Entered: 06/08/2018)
2018-06-11Set/Reset Deadlines: Defendants' Motion for Summary Judgment due by 6/25/2018. Plaintiffs' opposition to Defendants' Motion for Summary Judgment due by 7/27/2018. Defendants' reply in support of its Motion for Summary Judgment due by 8/22/2018. (hmc) (Entered: 06/11/2018)
2018-06-1823Unopposed MOTION to Clarify Schedule by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, FEDERAL ELECTION COMMISSION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(Merritt, Robert) (Entered: 06/18/2018)
2018-06-18MINUTE ORDER: Upon consideration of Defendants' 23 Unopposed Motion to Clarify Schedule, the motion is GRANTED. Defendants' summary judgment briefing may rely solely on Exemption 7(A) with respect to any withholdings or redactions that they believe are subject to that exemption, and any other arguments regarding those withholdings and redactions will be preserved. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/18/18. (lctnm1) (Entered: 06/18/2018)
2018-06-2124Unopposed MOTION for Leave to File Excess Pages by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, FEDERAL ELECTION COMMISSION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(Merritt, Robert) (Entered: 06/21/2018)
2018-06-22MINUTE ORDER: Upon consideration of Defendants' 24 Unopposed Motion for Leave to Exceed Page Limitation and for good cause shown, the Motion is GRANTED. Defendants may file a memorandum in support of their Motion for Summary Judgment of up to 60 pages. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/22/18. (lctnm1) (Entered: 06/22/2018)
2018-06-2525MOTION for Leave to File Ex Parte, In Camera Version of the FBI's Hardy Declaration by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, FEDERAL ELECTION COMMISSION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Text of Proposed Order)(Merritt, Robert) (Entered: 06/25/2018)
2018-06-2526MOTION for Summary Judgment by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, FEDERAL ELECTION COMMISSION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Exhibit Index of Exhibits, # 5 Declaration Higginbothom Declaration (FEC), # 6 Declaration Shiner Declaration (CIA), # 7 Declaration Gaviria Declaration (ODNI), # 8 Declaration Butera Declaration (DHS NPPD), # 9 Declaration Thompson Declaration (NSA), # 10 Declaration Sepeta Declaration (DHS I&A), # 11 Declaration Hardy Declaration (FBI), # 12 Declaration Weinsheimer Declaration (NSD), # 13 Declaration Seidel Declaration (FBI))(Merritt, Robert) (Entered: 06/25/2018)
2018-06-2527NOTICE of Classified Lodging by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, FEDERAL ELECTION COMMISSION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE re 26 MOTION for Summary Judgment (Merritt, Robert) (Entered: 06/25/2018)
2018-06-2728ORDER granting Defendants' 25 Motion for Leave to File In Camera. See attached Order for details. Signed by Judge Trevor N. McFadden on 6/27/18. (lctnm1) (Entered: 06/27/2018)
2018-07-2429Consent MOTION for Extension of Time to File Response/Reply to Defendants' Motion for Summary Judgment by JAMES MADISON PROJECT (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 07/24/2018)
2018-07-24MINUTE ORDER granting Plaintiff's 29 Consent Motion for Extension of Time. Plaintiff shall now file its Opposition to Defendants' 26 Motion for Summary Judgment by August 8, 2018. Defendants shall file their Reply by September 5, 2018. Counsel is reminded that motions for extensions of time should comply with the Court's 21 Standing Order, including the requirement that "motions for extensions of time or to re-schedule a hearing must be filed at least four business days prior to the first affected deadline or scheduled hearing." SO ORDERED. Signed by Judge Trevor N. McFadden on 7/24/18. (lctnm1) (Entered: 07/24/2018)
2018-07-25Set/Reset Deadlines: Plaintiffs' Opposition to Defendants' Motion for Summary Judgment due by 8/8/2018. Defendants' Reply in support of their Motion for Summary Judgment due by 9/5/2018. (hmc) (Entered: 07/25/2018)
2018-08-0730NOTICE of Concession by JAMES MADISON PROJECT (Moss, Bradley) (Entered: 08/07/2018)
2018-08-07MINUTE ORDER: Upon consideration of Plaintiffs' 30 Notice of Concession, Defendants' 26 Motion for Summary Judgment is DISMISSED as moot. The parties shall file a Joint Status Report by September 7, 2018 with a proposed schedule for any further proceedings related to attorneys' fees and costs if they have not filed a notice of stipulated dismissal by that date. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/7/18. (lctnm1) (Entered: 08/07/2018)
2018-08-07Set/Reset Deadlines: Joint Status Report due by 9/7/2018. (tg) (Entered: 08/07/2018)
2018-09-0731Joint STATUS REPORT by CENTRAL INTELLIGENCE AGENCY, DEPARTMENT OF DEFENSE, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, FEDERAL ELECTION COMMISSION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Merritt, Robert) (Entered: 09/07/2018)
2018-09-07MINUTE ORDER: Upon consideration of the parties' 31 Joint Status Report, the parties are ordered to file a further Joint Status Report by October 22, 2018 if they have not filed a stipulated dismissal by that date. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/7/18. (lctnm1) (Entered: 09/07/2018)
2018-09-10Set/Reset Deadlines: Joint Status Report due by 10/22/2018. (hmc) (Entered: 09/10/2018)
2018-09-1032NOTICE of Change of Address by Robert Charles Merritt (Merritt, Robert) (Entered: 09/10/2018)
2018-10-1033STIPULATION of Dismissal by JAMES MADISON PROJECT. (Moss, Bradley) (Entered: 10/10/2018)
2018-10-10MINUTE ORDER: Upon consideration of the parties' 33 Stipulation of Dismissal, this matter is hereby DISMISSED with prejudice per the terms of the stipulation. The Clerk of Court is directed to close the case. Signed by Judge Trevor N. McFadden on 10/10/2018. (lctnm1) (Entered: 10/10/2018) (Entered: 10/10/2018)
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