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Case TitleBUZZFEED INC. v. U.S. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01556
Date Filed2018-06-29
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffBUZZFEED, INC.
Case DescriptionBuzzfeed, Inc. submitted a FOIA request to the Bureau of Prisons for records concerning the agency's efforts to select and obtain lethal injection chemicals. The agency acknowledged receipt of the request. It denied the request under a variety of exemptions. Buzzfeed filed an administrative appeal. The agency denied Buzzfeed's appeal on the basis of Exemption 7(A) (interference with ongoing investigation or proceeding). Buzzfeed then filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
DefendantFEDERAL BUREAU OF PRISONS
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

2018-06-291COMPLAINT against FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-5564099) filed by BUZZFEED INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet, # 5 Summons)(Topic, Matthew) (Entered: 06/29/2018)
2018-06-292NOTICE of Appearance by Matthew Topic on behalf of BUZZFEED INC. (Topic, Matthew) (Entered: 06/29/2018)
2018-06-29Case Assigned to Judge Tanya S. Chutkan. (zsb) (Entered: 06/29/2018)
2018-06-293SUMMONS (4) Issued Electronically as to FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 06/29/2018)
2018-07-114NOTICE of Appearance by Matthew Lynn Schafer on behalf of BUZZFEED INC. (Schafer, Matthew) (Entered: 07/11/2018)
2018-07-245RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF PRISONS served on 7/16/2018 (Topic, Matthew) (Entered: 07/24/2018)
2018-07-246RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 7/16/2018 (Topic, Matthew) (Entered: 07/24/2018)
2018-07-247RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/16/2018. (Topic, Matthew) (Entered: 07/24/2018)
2018-07-248RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/16/2018. Answer due for ALL FEDERAL DEFENDANTS by 8/15/2018. (Topic, Matthew) (Entered: 07/24/2018)
2018-08-109NOTICE of Appearance by April Denise Seabrook on behalf of All Defendants (Seabrook, April) (Entered: 08/10/2018)
2018-08-1310NOTICE of Appearance by Scott Leeson Sroka on behalf of All Defendants (Sroka, Scott) (Entered: 08/13/2018)
2018-08-1311Consent MOTION for Extension of Time to File Answer by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Sroka, Scott) (Entered: 08/13/2018)
2018-08-13MINUTE ORDER: Granting 11 Consent Motion for Extension of Time to Answer. Defendants shall answer or otherwise respond to the complaint by September 17, 2018. Signed by Judge Tanya S. Chutkan on 8/13/18. (DJS) (Entered: 08/13/2018)
2018-08-14Set/Reset Deadlines: Answer due by 9/17/2018. (tb) (Entered: 08/14/2018)
2018-09-1712ANSWER to Complaint by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE.(Sroka, Scott) (Entered: 09/17/2018)
2018-10-18MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and proposed order no later than 11/19/18. Signed by Judge Tanya S. Chutkan on 10/18/18. (DJS) (Entered: 10/18/2018)
2018-10-22Set/Reset Deadlines: Joint Status Report due by 11/19/2018. (tb) (Entered: 10/22/2018)
2018-11-1913Joint STATUS REPORT by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 11/19/2018)
2018-11-1914PROPOSED BRIEFING SCHEDULE by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE. (Sroka, Scott) (Entered: 11/19/2018)
2018-11-20MINUTE ORDER: Having considered the parties' Joint Status Report 14 , it is hereby ordered that the parties shall adhere to the following briefing schedule: Defendants' Motion for Summary Judgment due January 16, 2019. Plaintiff's Opposition and combined Cross-Motion due February 19, 2019. Defendants' Reply and combined Opposition due March 5, 2019. Plaintiff's Reply due March 19, 2019. Signed by Judge Tanya S. Chutkan on 11/20/18. (DJS) (Entered: 11/20/2018)
2018-11-20Set/Reset Deadlines: Cross Motion due by 2/19/2019. Response to Cross Motion due by 3/5/2019. Reply to Cross Motion due by 3/19/2019. Summary Judgment motions due by 1/16/2019. Response to Motion for Summary Judgment due by 2/19/2019. Reply to Motion for Summary Judgment due by 3/5/2019. (tb) (Entered: 11/20/2018)
2019-01-1515MOTION to Stay by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Coles-Huff, Doris) (Entered: 01/15/2019)
2019-01-1616Unopposed MOTION to Stay by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 01/16/2019)
2019-01-18MINUTE ORDER: Granting 16 Motion to Stay. This action is hereby STAYED pending further order of the court. When the stay is lifted, defendants will file their motion for summary judgment within 30 days thereafter. Signed by Judge Tanya S. Chutkan on 1/18/19. (DJS) (Entered: 01/18/2019)
2019-01-2817NOTICE OF SUBSTITUTION OF COUNSEL by Scott Leeson Sroka on behalf of All Defendants Substituting for attorney Fred Haynes (Sroka, Scott) (Entered: 01/28/2019)
2019-02-2518Consent MOTION for Extension of Time to File Defendants' Motion for Summary Judgment by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Haynes, Fred) (Entered: 02/25/2019)
2019-02-26MINUTE ORDER: Granting 18 Consent Motion for Extension of Deadlines. Defendants' motion for summary judgment due by March 11, 2019. Plaintiff's combined opposition/cross-motion due April 15, 2019. Defendants' combined reply/opposition due April 29, 2019. Plaintiff's reply due by May 13, 2019. Signed by Judge Tanya S. Chutkan on 2/26/19. (DJS) (Entered: 02/26/2019)
2019-02-28Set/Reset Deadlines: Cross Motion due by 4/15/2019. Response to Cross Motions due by 4/29/2019. Reply to Cross Motion due by 5/13/2019. Summary Judgment motion due by 3/11/2019. Response to Motion for Summary Judgment due by 4/15/2019. Reply to Motion for Summary Judgment due by 4/29/2019. (tb) (Entered: 02/28/2019)
2019-02-2819NOTICE OF WITHDRAWAL OF APPEARANCE as to BUZZFEED INC.. Attorney Matthew Lynn Schafer terminated. (Schafer, Matthew) (Entered: 02/28/2019)
2019-03-0820Consent MOTION to Amend/Correct Set/Reset Deadlines, by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Seabrook, April) (Entered: 03/08/2019)
2019-03-14MINUTE ORDER: Granting Defendants' Motion 20 to Extend Deadlines. Defendants' motion for summary judgment due April 10, 2019. Plaintiff's combined opposition/cross-motion due May 10, 2019. Defendants' combined reply/opposition due June 14, 2019. Plaintiff's reply due June 28, 2019. Signed by Judge Tanya S. Chutkan on 3/14/19. (DJS) (Entered: 03/14/2019)
2019-03-15Set/Reset Deadlines: Cross Motion due by 5/10/2019. Response to Cross Motion due by 6/14/2019. Reply to Cross Motion due by 6/28/2019. Summary Judgment motion due by 4/10/2019. Response to Motion for Summary Judgment due by 5/10/2019. Reply to Motion for Summary Judgment due by 6/14/2019. (tb) (Entered: 03/15/2019)
2019-03-2521LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BUZZFEED INC. (Topic, Matthew) (Entered: 03/25/2019)
2019-04-1022MOTION to Amend/Correct Set/Reset Deadlines, by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Seabrook, April) (Entered: 04/10/2019)
2019-04-12MINUTE ORDER: Defendants' motion 22 for extension of deadlines is hereby granted. Defendants' motion for summary judgment due by April 20, 2019. Plaintiff's combined opposition/cross-motion due May 20, 2019. Defendants' combined reply/opposition due June 20, 2019. Plaintiff's reply due by July 8, 2019. Signed by Judge Tanya S. Chutkan on 4/12/19. (DJS) (Entered: 04/12/2019)
2019-04-15Set/Reset Deadlines: Cross Motion due by 5/20/2019. Response to Cross Motion due by 6/20/2019. Reply to Cross Motion due by 7/8/2019. Summary Judgment motion due by 4/20/2019. Response to Motion for Summary Judgment due by 5/20/2019. Reply to Motion for Summary Judgment due by 6/20/2019. (tb) (Entered: 04/15/2019)
2019-04-2023Unopposed MOTION to Amend/Correct Briefing Schedule by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Seabrook, April) Modified event title on 4/23/2019 (znmw). (Entered: 04/20/2019)
2019-04-24MINUTE ORDER: Granting motion to amend deadlines. Defendants' motion for summary judgment due April 30, 2019. Plaintiff's combined opposition/cross-motion due May 30, 2019. Defendants' combined reply/opposition due July 1, 2019. Plaintiff's reply due July 15, 2019. Signed by Judge Tanya S. Chutkan on 4/24/19. (DJS) (Entered: 04/24/2019)
2019-04-25Set/Reset Deadlines: Cross Motion due by 5/30/2019. Response to Cross Motion due by 7/1/2019. Reply to Cross Motion due by 7/15/2019. Summary Judgment motion due by 4/30/2019. Response to Motion for Summary Judgment due by 5/30/2019. Reply to Motion for Summary Judgment due by 7/1/2019. (tb) (Entered: 04/25/2019)
2019-04-3024Unopposed MOTION for Extension of Time to File by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Seabrook, April) (Entered: 04/30/2019)
2019-05-02MINUTE ORDER: Granting 24 Consent Motion for Extension of Deadlines. Defendants' motion for summary judgment due May 14, 2019. Plaintiff's combined opposition/cross-motion due June 28, 2019. Defendants' combined reply/opposition due July 29, 2019. Plaintiff's reply due August 12, 2019. Signed by Judge Tanya S. Chutkan on 5/2/19. (DJS) (Entered: 05/02/2019)
2019-05-03Set/Reset Deadlines: Cross Motion due by 6/28/2019. Response to Cross Motion due by 7/29/2019. Reply to Cross Motion due by 8/12/2019. Summary Judgment motion due by 5/14/2019. Response to Motion for Summary Judgment due by 6/28/2019. Reply to Motion for Summary Judgment due by 7/29/2019. (tb) (Entered: 05/03/2019)
2019-05-1425Unopposed MOTION for Extension of Time to File by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Seabrook, April) (Entered: 05/14/2019)
2019-05-15MINUTE ORDER granting 25 Motion for Extension of deadlines. Defendant shall file its dispositive motion no later than May 17, 2019, and all other dates contained in the Court's Minute Order of May 2, 2019, shall remain unchanged. Signed by Judge Tanya S. Chutkan on 5/15/19. (DJS) (Entered: 05/15/2019)
2019-05-16Set/Reset Deadlines: Dispositive motion due by 5/17/2019. (tb) (Entered: 05/16/2019)
2019-05-1726MOTION to Dismiss for Lack of Jurisdiction by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support)(Seabrook, April) (Entered: 05/17/2019)
2019-06-2827Memorandum in opposition to re 26 MOTION to Dismiss for Lack of Jurisdiction filed by BUZZFEED INC.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Topic, Matthew) (Entered: 06/28/2019)
2019-07-2928Unopposed MOTION to Amend/Correct Set/Reset Deadlines, Order on Motion for Extension of Time to File, by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Seabrook, April) (Entered: 07/29/2019)
2019-07-29MINUTE ORDER: Defendants' Motion to Amend Briefing Schedule 28 is granted. Defendants' reply brief in support of their motion to dismiss is due July 31, 2019. Signed by Judge Tanya S. Chutkan on 7/29/2019. (lctsc3) (Entered: 07/29/2019)
2019-07-30Set/Reset Deadlines: Reply to Dispositive Motion due by 7/31/2019. (tb) (Entered: 07/30/2019)
2019-07-3029REPLY to opposition to motion re 26 MOTION to Dismiss for Lack of Jurisdiction filed by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE. (Seabrook, April) (Entered: 07/30/2019)
2019-08-0630NOTICE of Appearance by Merrick Jason Wayne on behalf of BUZZFEED INC. (Wayne, Merrick) (Entered: 08/06/2019)
2020-01-27MINUTE ORDER: A hearing is hereby set for 10:30 a.m. on March 11, 2020 in Courtroom 9. At the hearing the court will issue its ruling from the bench on Defendant's Motion to Dismiss 26 . Signed by Judge Tanya S. Chutkan on 1/27/2020. (DJS) (Entered: 01/27/2020)
2020-01-29Set/Reset Hearings: Oral ruling on motion to dismiss set for 3/11/2020 at 10:30 AM in Courtroom 9 before Judge Tanya S. Chutkan. (tb) (Entered: 01/29/2020)
2020-03-11MINUTE ORDER: Denying 26 Motion to Dismiss for the reasons stated on the record at the March 11, 2020 hearing. By 3/20/20 the parties shall file a joint status report and proposed order for moving forward with this case. Signed by Judge Tanya S. Chutkan on 3/11/2020. (DJS) (Entered: 03/11/2020)
2020-03-11Set/Reset Deadlines: Joint Status Report due by 3/20/2020. (tb) (Entered: 03/11/2020)
2020-03-11Minute Entry: Motion Hearing held on 3/11/2020 for proceedings before Judge Tanya S. Chutkan re 26 MOTION to Dismiss for Lack of Jurisdiction filed by U.S. DEPARTMENT OF JUSTICE and FEDERAL BUREAU OF PRISONS; Oral ruling on the motion, motion DENIED. Parties shall meet and confer to determine deadline to file a proposed schedule for summary judgment briefing. (Court Reporter Bryan Wayne) (tb) (Entered: 03/12/2020)
2020-04-13MINUTE ORDER: On 03/11/2020 this court entered an order directing the parties to file a joint status report and proposed order for moving forward with this case by 3/20/20. The parties have not filed the report, nor sought an extension of the deadline. Accordingly, the parties shall file a joint status report by 4/20/2020, or the Plaintiff faces dismissal of its claims without further notice. Signed by Judge Tanya S. Chutkan on 4/13/2020. (DJS) (Entered: 04/13/2020)
2020-04-14Set/Reset Deadlines: Joint Status Report due by 4/20/2020. (tb) (Entered: 04/14/2020)
2020-04-2131ENTERED IN ERROR. . . . .Joint STATUS REPORT by BUZZFEED, INC.. (Topic, Matthew) Modified on 4/22/2020 (ztd). (Entered: 04/21/2020)
2020-04-2132Joint STATUS REPORT Corrected Joint Status Report by BUZZFEED, INC.. (Topic, Matthew) (Entered: 04/21/2020)
2020-04-21NOTICE OF CORRECTED DOCKET ENTRY: re 31 Status Report was entered in error and counsel refiled said pleading as docket entry no. 32 . (ztd) (Entered: 04/22/2020)
2020-04-22MINUTE ORDER: Having considered the parties' joint status report 32 , it is hereby ordered that Defendants' motion for summary judgment is due May 28, 2020. Plaintiff's combined cross-motion for summary judgment/opposition is due July 13, 2020. Defendants' combined reply/opposition is due August 3, 2020. Plaintiff's reply is due August 24, 2020. Signed by Judge Tanya S. Chutkan on 4/22/20. (DJS) (Entered: 04/22/2020)
2020-04-22Set/Reset Deadlines: Cross Motion due by 7/13/2020. Response to Cross Motion due by 8/3/2020. Reply to Cross Motion due by 8/24/2020. Summary Judgment motion due by 5/28/2020. Response to Motion for Summary Judgment due by 7/13/2020. Reply to Motion for Summary Judgment due by 8/3/2020. (tb) (Entered: 04/22/2020)
2020-05-1933NOTICE OF SUBSTITUTION OF COUNSEL by Jonathan D. Kossak on behalf of All Defendants Substituting for attorney John Moustakas (Kossak, Jonathan) (Entered: 05/19/2020)
2020-05-1934Consent MOTION for Extension of Time to File Motion for Summary Judgment by FEDERAL BUREAU OF PRISONS, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Kossak, Jonathan) (Entered: 05/19/2020)
2020-05-23MINUTE ORDER: Granting Consent 34 Motion for Extension of Deadlines. Defendants' motion for summary judgment due June 12, 2020. Plaintiff's combined cross-motion/opposition due July 28, 2020. Defendants' combined reply/opposition due August 18, 2020. Plaintiff's reply due September 8, 2020. Signed by Judge Tanya S. Chutkan on 5/23/2020. (DJS) (Entered: 05/23/2020)
2020-05-26Set/Reset Deadlines: Cross Motion due by 7/28/2020. Response to Cross Motion due by 8/18/2020. Reply to Cross Motion due by 9/8/2020. Summary Judgment motion due by 6/12/2020. Response to Motion for Summary Judgment due by 7/28/2020. Reply to Motion for Summary Judgment due by 8/18/2020. (tb) (Entered: 05/26/2020)
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