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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 ClosedOpen
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
User-contributed Documents
 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 Summary Judgment (Partial) 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)
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