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Case TitleJason Leopold et al v. FBI
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2017cv02674
Date Filed2017-04-07
Date ClosedOpen
JudgeJudge S. James Otero
PlaintiffJason Leopold
PlaintiffBuzzfeed Inc.
Case DescriptionReporter Jason Leopold submitted a FOIA request to the FBI for records about Andrew Breithart. The agency searched its central records system and told Leopold it had found no records. Leopold appealed to the Office of Information Policy, arguing the FBI was obligated to conduct a cross-reference search. OIP upheld the FBI's decision. Leopold, joined by Buzzfeed, then filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantFBI
DefendantFederal Bureau of Investigation (FBI)
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-04-071COMPLAINT Receipt No: 0973-19651075 - Fee: $400, filed by Plaintiff Buzzfeed, Inc., Jason Leopold. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Attorney Rachel Steinback added to party Buzzfeed, Inc.(pty:pla), Attorney Rachel Steinback added to party Jason Leopold(pty:pla))(Steinback, Rachel) (Entered: 04/07/2017)
2017-04-072CIVIL COVER SHEET filed by Plaintiffs Buzzfeed, Inc., Jason Leopold. (Steinback, Rachel) (Entered: 04/07/2017)
2017-04-103NOTICE OF ASSIGNMENT to District Judge S. James Otero and Magistrate Judge Alexander F. MacKinnon. (ghap) (Entered: 04/10/2017)
2017-04-104NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 04/10/2017)
2017-04-105NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening), 1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (ghap) (Entered: 04/10/2017)
2017-04-106NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Matthew Topic. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) (Entered: 04/10/2017)
2017-04-107NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Nabiha Syed. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) (Entered: 04/10/2017)
2017-04-108CERTIFICATE of Interested Parties filed by Plaintiffs All Plaintiffs, identifying National Broadcasting Company. (Steinback, Rachel) (Entered: 04/10/2017)
2017-04-119APPLICATION of Non-Resident Attorney Matthew V. Topic to Appear Pro Hac Vice on behalf of Plaintiffs Buzzfeed Inc., Jason Leopold (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19663702) filed by Plaintiff Buzzfeed Inc., Jason Leopold. (Atta chments: # 1 Proposed Order, # 2 Letter of Good Standing) (Steinback, Rachel) (Entered: 04/11/2017)
2017-04-1110INITIAL STANDING ORDER upon filing of the complaint by Judge S. James Otero. (vcr) (Entered: 04/11/2017)
2017-04-1211Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Buzzfeed Inc., Jason Leopold. (Steinback, Rachel) (Entered: 04/12/2017)
2017-04-1212NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request 11 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. 1) The name of the defendant on the summons caption and in the "TO: area must match the name as identified on the complaint Verbatim; 2) The summons form is not appropriate for a 30 days summons on a Freedom of Information Act case. Therefore Clerk cannot issue filers summons form; 3) NOTE: This court does not have a form, however, Filer may obtain and use the 30-day summons form on the USDC District of Columbia's website. (the website address is: http://www.dcd.uscourts.gov/new-case-forms).Click on "Summons in a Civil Case-FOIA (30-day answer deadline)"). The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) (Entered: 04/12/2017)
2017-04-1213CORRECTED NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request 11 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. 1) The name of the defendant on the summons caption and in the "TO: area must match the name as identified on the complaint Verbatim; 2) The summons form is not appropriate for a 30 days summons on a Freedom of Information Act case. Therefore Clerk cannot issue filers summons form; 3) NOTE: This court does not have a form, however, Filer may obtain and use the 30-day summons form on the USDC District of Columbia's website. (the website address is: http://www.dcd.uscourts.gov/new-case-forms).Click on "Summons in a Civil Case-FOIA (30-day answer deadline)". The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) (Entered: 04/12/2017)
2017-04-1214ORDER by Judge S. James Otero: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: APPLICATION of Non-Resident Attorney Matthew V. Topic to Appear Pro Hac Vice on behalf of Plaintiffs Buzzfeed Inc., Jason Leopold (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19663702) 9 , for the following reasons: FAILURE to comply with L.R. 5-4.4 Submission of Proposed Orders, Judgments, or Other Proposed Documents That Require a Judges Signature., L.R. 5-4.5 Mandatory Chambers Copies and Court's Standing Order. (lc) (Entered: 04/12/2017)
2017-04-1315Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Buzzfeed Inc., Jason Leopold. (Steinback, Rachel) (Entered: 04/13/2017)
2017-04-131630 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to defendant FBI. (lc) (Entered: 04/13/2017)
2017-04-1317Corrected APPLICATION of Non-Resident Attorney Matthew V. Topic to Appear Pro Hac Vice on behalf of Plaintiffs Buzzfeed Inc., Jason Leopold (Pro Hac Vice Fee - $325 Previously Paid on 4/11/2017, Receipt No. 097319663702) filed by Plaintiffs Buzzfeed Inc., Jason Leopold. (Attachments: # 1 Proposed Order, # 2 Letter of Good Standing) (Steinback, Rachel) (Entered: 04/13/2017)
2017-04-1418ORDER GRANTING APPLICATION of Attorney Matthew V. Topic to Appear Pro Hac Vice on behalf of Plaintiffs Buzzfeed Inc., Jason Leopold and designating Rachel Steinback as local counsel 17 by Judge S. James Otero (lc) (Entered: 04/14/2017)
2017-04-1719RESPONSE filed by Pro Hac Vice attorney Nabiha Syed on behalf of Plaintiffs Buzzfeed Inc., Jason Leopold. RE: Notice of Filing Fee Due. PHV fee N/A. Attorney will not be appearing as attorney of record on this case. (lt) (Entered: 04/17/2017)
2017-05-0420PROOF OF SERVICE Executed Jason Leopold, Buzzfeed Inc., upon Defendant FBI served on 4/24/2017, answer due 5/24/2017. Service of the Summons and Complaint were Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Attachments: # 1 Exhibit Proof of Service)(Topic, Matthew) (Entered: 05/04/2017)
2017-05-0821APPLICATION of Non-Resident Attorney Nabiha B. Syed to Appear Pro Hac Vice on behalf of Plaintiffs Buzzfeed Inc., Jason Leopold (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19811396) filed by Plaintiff Buzzfeed Inc., Jason Leopold. (Attach ments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Steinback, Rachel) (Entered: 05/08/2017)
2017-05-0822NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Nabiha B. Syed to Appear Pro Hac Vice on behalf of Plaintiffs Buzzfeed Inc., Jason Leopold (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19811396) 21 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Both attorneys used electronic signatures. (lt) (Entered: 05/08/2017)
2017-05-0923APPLICATION of Non-Resident Attorney Nabiha B. Syed to Appear Pro Hac Vice on behalf of Plaintiffs Buzzfeed Inc., Jason Leopold (Pro Hac Vice Fee - $325 Previously Paid on 5/8/2017, Receipt No. 0973-19811396) filed by Plaintiff Buzzfeed Inc., Jason Leopold. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Steinback, Rachel) (Entered: 05/09/2017)
2017-05-1024ORDER by Judge S. James Otero: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: APPLICATION of Non-Resident Attorney Nabiha B. Syed to Appear Pro Hac Vice on behalf of Plaintiffs Buzzfeed Inc., Jason Leopold (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19811396) 21 ; APPLICATION of Non-Resident Attorney Nabiha B. Syed to Appear Pro Hac Vice on behalf of Plaintiffs Buzzfeed Inc., Jason Leopold (Pro Hac Vice Fee - $325 Previously Paid on 5/8/2017, Receipt No. 0973-19811396) 23 , for the following reasons: FAILURE to comply with L.R. 5-4.4 Submission of Proposed Orders, Judgments, or Other Proposed Documents That Require a Judges Signature., L.R. 5-4.5 Mandatory Chambers Copies and Court's Standing Order. (lc) (Entered: 05/10/2017)
2017-05-1525Corrected APPLICATION of Non-Resident Attorney Nabiha B. Syed to Appear Pro Hac Vice on behalf of Plaintiffs Buzzfeed Inc., Jason Leopold (Pro Hac Vice Fee - $325 Previously Paid on 5/8/2017, Receipt No. 0973-19811396) filed by Plaintiffs Buzzfeed Inc., Jason Leopold. (Attachments: # 1 Proposed Order, # 2 Certificate of Good Standing) (Steinback, Rachel) (Entered: 05/15/2017)
2017-05-1626ORDER by Judge S. James Otero: granting 25 Non-Resident Attorney Nabiha B. Syed APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs Buzzfeed Inc., Jason Leopold, designating Rachel Steinback as local counsel. (lc) (Entered: 05/16/2017)
2017-05-1727Effective May 24, 2017, Judge MacKinnon will be located at the Edward R. Roybal Federal Building, COURTROOM 840 on the 8th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 840 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mail box located outside the Clerk's Office on the 12th floor of the Roybal Federal Building. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at the Roybal Federal Building, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY (Entered: 05/17/2017)
2017-06-1228STIPULATION Extending Time to Answer the complaint as to FBI answer now due 6/26/2017, re Complaint (Attorney Civil Case Opening), 1 filed by Defendant FBI.(Attorney Joanne I Osinoff added to party FBI(pty:dft))(Osinoff, Joanne) (Entered: 06/12/2017)
2017-06-2129STIPULATION Extending Time to Answer the complaint as to FBI answer now due 7/10/2017, re Complaint (Attorney Civil Case Opening), 1 filed by Defendant FBI.(Attorney Alarice M Medrano added to party FBI(pty:dft))(Medrano, Alarice) (Entered: 06/21/2017)
2017-07-1030First AMENDED COMPLAINT against Defendant FBI amending Complaint (Attorney Civil Case Opening), 1 , filed by Plaintiff Jason Leopold (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Topic, Matthew) (Entered: 07/10/2017)
2017-07-1231ORDER SETTING SCHEDULING CONFERENCE by Judge S. James Otero. Rule 26 Meeting Report due by 9/18/2017. Scheduling Conference set for 10/2/2017 at 08:30 AM before Judge S. James Otero. (vcr) (Entered: 07/12/2017)
2017-07-1932ANSWER to Amended Complaint/Petition 30 filed by Defendant FBI.(Medrano, Alarice) (Entered: 07/19/2017)
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by FOIA Project Staff