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Case TitleLEOPOLD et al v. U.S. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01278
Date Filed2019-05-02
Date ClosedOpen
JudgeJudge Reggie B. Walton
PlaintiffJASON LEOPOLD
PlaintiffBUZZFEED, INC.
Case DescriptionBuzzFeed reporter Jason Leopold submitted six FOIA requests to various components of the Department of Justice for records concerning the underlying materials collected and used in preparing the Mueller report. Leopold also requested expedited processing. The agency acknowledged receipt of the requests and told Leopold that they qualified as unusual circumstances and that it would take more time to respond. After hearing nothing further from the agency, Leopold filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
DefendantDOJ OFFICE OF ATTORNEY GENERAL
DefendantDOJ DEPUTY ATTORNEY GENERAL
DefendantDOJ OFFICE OF SPECIAL COUNSEL
DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantCABLE NEWS NETWORK, INC. Cable News Network, Inc.
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [86]
FOIA Project Annotation: Ruling in consolidated cases brought by BuzzFeed reporter Jason Leopold and CNN for records concerning the typewritten narrative of FD-302 forms created by the FBI in conjunction with Mueller investigation of Russian interference in the 2016 election, Judge Reggie Walton has found that the narrative sections were protected by Exemption 5 (privileges). The agency withheld the records under the attorney work-product privilege and the presidential communication privilege. Walton initially pointed out that "the information withheld by the Department from the FD-302s pursuant to Exemption 5 based on the attorney work product privilege falls squarely within the scope of the privilege." Leopold and CNN argued that the attorney work product privilege did not apply because Special Counsel prosecutors did not consider the FD-302s as their work product. However, Walton pointed out that "the plaintiffs ignore that the FD-302s, as 'factual recitations of what occurred during the interview' are protected by the attorney work product privilege." He observed that "to the extent that the information contained in the FD-302s are factual in nature, they are nevertheless protected by the attorney work product privilege and are exempt from disclosure pursuant to Exemption 5." Walton also rejected Leopold and CNN's assertion that the government misconduct exception applied because of the alleged misconduct underpinning the Mueller investigation. But Walton indicated that was irrelevant in the FOIA context. Instead, he pointed out that "the plaintiffs have failed to produce any evidence showing 'that the [Department] [handling its] FOIA request engaged in illegal activity.' Lacking any such evidence of misconduct on the part of the Department, the plaintiffs' argument must be rejected." Walton found the presidential communications privilege applied as well. He noted that "all three of the Department's categories describe communications that involve the type of advisers " individuals with 'broad and significant responsibility for investigating and formulating the advice given the President' "contemplated as being covered by the presidential communications privilege."
Issues: Exemption 5 - Privileges
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-05-021COMPLAINT against DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-6097749) filed by JASON LEOPOLD, BUZZFEED INC.. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Summons)(Topic, Matthew) (Entered: 05/02/2019)
2019-05-03Case Assigned to Judge Colleen Kollar-Kotelly. (zef, ) (Entered: 05/03/2019)
2019-05-032SUMMONS (7) Issued Electronically as to DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 05/03/2019)
2019-05-093ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 5/9/19. (DM) (Entered: 05/09/2019)
2019-05-154NOTICE of Appearance by Matthew Topic on behalf of BUZZFEED INC., JASON LEOPOLD (Topic, Matthew) (Entered: 05/15/2019)
2019-05-155LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BUZZFEED INC., JASON LEOPOLD (Topic, Matthew) (Entered: 05/15/2019)
2019-05-236RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DOJ DEPUTY ATTORNEY GENERAL served on 5/14/2019 (Topic, Matthew) (Entered: 05/23/2019)
2019-05-237RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DOJ OFFICE OF ATTORNEY GENERAL served on 5/14/2019 (Topic, Matthew) (Entered: 05/23/2019)
2019-05-238RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DOJ OFFICE OF SPECIAL COUNSEL served on 5/14/2019 (Topic, Matthew) (Entered: 05/23/2019)
2019-05-239RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 5/13/2019 (Topic, Matthew) (Entered: 05/23/2019)
2019-05-2310RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/14/2019. (Topic, Matthew) (Entered: 05/23/2019)
2019-05-2311RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/14/2019. Answer due for ALL FEDERAL DEFENDANTS by 6/13/2019. (Topic, Matthew) (Entered: 05/23/2019)
2019-05-2312RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 5/14/2019 (Topic, Matthew) (Entered: 05/23/2019)
2019-06-1313NOTICE of Appearance by Courtney Danielle Enlow on behalf of All Defendants (Enlow, Courtney) (Entered: 06/13/2019)
2019-06-1314ANSWER to Complaint by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Enlow, Courtney) (Entered: 06/13/2019)
2019-06-1415ORDER. The parties shall file the schedule not later than JULY 14, 2019 . See Order for further details. Signed by Judge Colleen Kollar-Kotelly on June 14, 2019. (lcckk1) (Entered: 06/14/2019)
2019-06-14Set/Reset Deadlines: Joint Meet & Confer Statement due by 7/14/2019. (dot) (Entered: 06/14/2019)
2019-07-0316MOTION to Consolidate Cases with CNN v. FBI, No. 19-1626 by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Enlow, Courtney) (Entered: 07/03/2019)
2019-07-0317Memorandum in opposition to re 16 MOTION to Consolidate Cases with CNN v. FBI, No. 19-1626 filed by BUZZFEED INC., JASON LEOPOLD. (Attachments: # 1 Text of Proposed Order Proposed Order)(Topic, Matthew) (Entered: 07/03/2019)
2019-07-1018REPLY to opposition to motion re 16 MOTION to Consolidate Cases with CNN v. FBI, No. 19-1626 filed by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Enlow, Courtney) (Entered: 07/10/2019)
2019-07-1519Memorandum in opposition to re 16 MOTION to Consolidate Cases with CNN v. FBI, No. 19-1626 filed by CABLE NEWS NETWORK, INC.. (Attachments: # 1 Exhibit A Order in 15-mc-1188)(Tobin, Charles) (Entered: 07/15/2019)
2019-07-1520Joint STATUS REPORT by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Enlow, Courtney) (Entered: 07/15/2019)
2019-07-1621SUPPLEMENTAL MEMORANDUM to re 19 Memorandum in Opposition to Motion to Consolidate filed by CABLE NEWS NETWORK, INC.. (Tobin, Charles) (Entered: 07/16/2019)
2019-07-2222REPLY to opposition to motion re 16 MOTION to Consolidate Cases with CNN v. FBI, No. 19-1626 filed by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Enlow, Courtney) (Entered: 07/22/2019)
2019-08-0623NOTICE of Appearance by Merrick Jason Wayne on behalf of BUZZFEED INC., JASON LEOPOLD (Wayne, Merrick) (Entered: 08/06/2019)
2019-08-0924NOTICE of Appearance by Elizabeth J. Shapiro on behalf of All Defendants (Shapiro, Elizabeth) (Entered: 08/09/2019)
2019-08-2725Partial MOTION for Judgment on the Pleadings by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Statement of Facts, # 4 Exhibit A - Brinkmann Declaration, # 5 Exhibit B - Hardy Declaration, # 6 Exhibit C - emails, # 7 Exhibit D - emails)(Enlow, Courtney) (Entered: 08/27/2019)
2019-09-03MINUTE ORDER: The Court has received Defendants' 16 Motion for Consolidation requesting that this case be consolidated with Cable News Network v. Federal Bureau of Investigation, No. 19-cv-1626 (D.D.C.), assigned to Judge Royce C. Lamberth. This case is in the process of being reassigned to Judge Reggie B. Walton, by his consent, as related to his case Electric Privacy Information Center v. United States Department of Justice, No. 19-cv-810 (D.D.C.). Accordingly, Defendants' Motion is DENIED as moot. Signed by Judge Colleen Kollar-Kotelly on September 3, 2019. (lcckk1) (Entered: 09/03/2019)
2019-09-0426Case directly reassigned to Judge Reggie B. Walton as there is an earlier related case. Judge Colleen Kollar-Kotelly is no longer assigned to the case. (rj) (Entered: 09/04/2019)
2019-09-0527MOTION to Consolidate Cases by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Enlow, Courtney) (Entered: 09/05/2019)
2019-09-1028Memorandum in opposition to re 27 MOTION to Consolidate Cases filed by CABLE NEWS NETWORK, INC.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Tobin, Charles) (Entered: 09/10/2019)
2019-09-1029Memorandum in opposition to re 25 Partial MOTION for Judgment on the Pleadings filed by BUZZFEED INC., JASON LEOPOLD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Statement of Facts Plaintiffs' Response to Defendants' Statement of Facts, # 4 Text of Proposed Order)(Topic, Matthew) (Entered: 09/10/2019)
2019-09-1230ORDER. In accordance with the reasons stated in the attached Order, it is hereby ORDERED that the parties in the above-captioned cases shall appear before the Court on October 1, 2019, at 11:00 a.m. to discuss why these cases should not be consolidated or deemed related. Signed by Judge Reggie B. Walton on September 12, 2019. (lcrbw1) (Entered: 09/12/2019)
2019-09-1731REPLY to opposition to motion re 27 MOTION to Consolidate Cases filed by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Enlow, Courtney) (Entered: 09/17/2019)
2019-09-1732REPLY to opposition to motion re 25 Partial MOTION for Judgment on the Pleadings filed by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Enlow, Courtney) (Entered: 09/17/2019)
2019-10-01Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 10/1/2019. Production/Scheduling Order to issue via chambers. Status Conference set for 11/13/2019 at 09:30 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (hs) (Entered: 10/02/2019)
2019-10-0333ORDER. See attached Order for details. Signed by Judge Reggie B. Walton on October 3, 2019. (lcrbw1) (Entered: 10/03/2019)
2019-11-0734RESPONSE re 25 Partial MOTION for Judgment on the Pleadings Plaintiffs' Supplemental Response to Defendants' Motion for Judgment on the Pleadings filed by BUZZFEED INC., JASON LEOPOLD. (Topic, Matthew) (Entered: 11/07/2019)
2019-11-0835REPLY to opposition to motion re 25 Partial MOTION for Judgment on the Pleadings filed by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit)(Enlow, Courtney) (Entered: 11/08/2019)
2019-11-1236RESPONSE 33 by CABLE NEWS NETWORK, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Tobin, Charles) Modified on 11/13/2019 (ztd). (Entered: 11/12/2019)
2019-11-1237STATUS REPORT by BUZZFEED INC., JASON LEOPOLD. (Topic, Matthew) (Entered: 11/12/2019)
2019-11-1238RESPONSE to Court Order by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE re 33 Order on Motion to Consolidate Cases (Attachments: # 1 Declaration, # 2 Declaration)(Enlow, Courtney) Modified on 11/13/2019 text (ztd). (Entered: 11/12/2019)
2019-11-13NOTICE OF ERROR re 38 Notice (Other); emailed to courtney.d.enlow@usdoj.gov, cc'd 11 associated attorneys -- The PDF file you docketed contained errors: 1. DO NOT REFILE. FYI, The event for this type of filing is under Oppositions and Replies then select Response to Order. (ztd, ) (Entered: 11/13/2019)
2019-11-13Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 11/13/2019. Written Order to issue via Chambers. Status Conference set for 11/25/2019 at 02:00 PM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (hs) (Entered: 11/13/2019)
2019-11-1939ORDER. See attached Order for details. Signed by Judge Reggie B. Walton on November 19, 2019. (lcrbw1) (Entered: 11/19/2019)
2019-11-2040MOTION to Clarify re 39 Order by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Enlow, Courtney) (Entered: 11/20/2019)
2019-11-20MINUTE ORDER. Upon consideration of the 40 Defendant's Motion for Clarification, and for good cause shown, it is hereby ORDERED that this motion is GRANTED. It is further ORDERED that, on or before December 2, 2019, the United States Department of Justice (the "Department") shall produce FBI FD-302 forms, including any handwritten notes and attachments to the typewritten narrative, in accordance with the terms of the Court's October 3, 2019 Order, ECF No. 33. It is further ORDERED that, beginning on December 2, 2019, and until otherwise ordered by the Court, the Department shall, on a monthly basis, process at least five hundred (500) pages of only the typewritten narratives of the FBI FD-302 forms (unless fewer than five hundred (500) pages remain, in which case the remaining balance shall be processed). It is further ORDERED that, on January 2, 2020, and on the first day of every month thereafter (or on the next business day if the first is a not a business day), the Department shall produce the non-exempt portions of the typewritten narratives of the FBI FD-302 forms. Signed by Judge Reggie B. Walton on November 20, 2019. (lcrbw1) (Entered: 11/20/2019)
2019-11-2041RESPONSE TO ORDER re 39 Order by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Enlow, Courtney) Modified text on 11/21/2019 (ztd). (Entered: 11/20/2019)
2019-11-21NOTICE OF ERROR re 41 Notice (Other); emailed to courtney.d.enlow@usdoj.gov, cc'd 12 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. Do Not Refile. FYI: In the future, select Response to Order under Oppositions and Replies. (ztd, ) (Entered: 11/21/2019)
2019-11-21Set/Reset Hearings: Status Conference reset for 11/25/2019 at 02:30 PM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 11/21/2019)
2019-11-2242ENTERED IN ERROR. . . . MOTION for Reconsideration of Defendants' request for a stay by BUZZFEED INC., JASON LEOPOLD (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:19-cv-01278-RBW, 1:19-cv-01626-RBW(Topic, Matthew) Modified on 11/22/2019 (ztd). (Entered: 11/22/2019)
2019-11-2243MOTION for Preliminary Injunction by BUZZFEED INC., JASON LEOPOLD (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:19-cv-01278-RBW, 1:19-cv-01626-RBW(Topic, Matthew) (Entered: 11/22/2019)
2019-11-2244Motion for Reconsideration Motion to Reconsider Stay by BUZZFEED INC., JASON LEOPOLD. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)Associated Cases: 1:19-cv-01278-RBW, 1:19-cv-01626-RBW(Topic, Matthew) Modified on 11/22/2019 (ztd). Modified on 11/26/2019 (ztd). (Entered: 11/22/2019)
2019-11-2245RESPONSE TO ORDER OF THE COURT re 39 Order Plaintiffs' Response to DOJ's November 20, 2019 Response filed by BUZZFEED INC., CABLE NEWS NETWORK, INC., JASON LEOPOLD. (Tobin, Charles) (Entered: 11/22/2019)
2019-11-25Minute Entry; for proceedings held before Judge Reggie B. Walton: Motion Hearing held on 11/25/2019. The previous production order is VACATED. A written order will issue via Chambers. Status Conference set for 1/8/2020 at 11:30 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (hs) (Entered: 11/25/2019)
2019-11-2746TRANSCRIPT OF PROCEEDINGS before Judge Reggie B. Walton held on November 13, 2019; Page Numbers: 1 - 61. Court Reporter/Transcriber Cathryn Jones, Telephone number 202 354-3246, Transcripts may be ordered by submitting the Transcript Order Form 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. 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. Redaction Request due 12/18/2019. Redacted Transcript Deadline set for 12/28/2019. Release of Transcript Restriction set for 2/25/2020.(Jones, Cathryn) Modified on 11/27/2019 (ztd). (Entered: 11/27/2019)
2019-11-2847ORDER. See attached Order for details. Signed by Judge Reggie B. Walton on November 28, 2019. (lcrbw1) (Entered: 11/28/2019)
2019-12-1148MOTION for Extension of Time to complete processing the FD-302s that currently must be produced by January 2 , MOTION to Expedite Ruling given the impending January 2 production date by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Enlow, Courtney) (Entered: 12/11/2019)
2019-12-1649ORDER. See attached Order for details. Signed by Judge Reggie B. Walton on December 16, 2019. (lcrbw2) (Entered: 12/16/2019)
2020-01-0750Joint STATUS REPORT and Response to DOJ's January Productions by BUZZFEED INC., CABLE NEWS NETWORK, INC., JASON LEOPOLD, CABLE NEWS NETWORK. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)Associated Cases: 1:19-cv-01278-RBW, 1:19-cv-01626-RBW(Tobin, Charles) (Entered: 01/07/2020)
2020-01-0751STATUS REPORT by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Enlow, Courtney) (Entered: 01/07/2020)
2020-01-0752RESPONSE TO ORDER OF THE COURT re 49 Order on Motion for Extension of Time to, Order on Motion to Expedite filed by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (ztd); (See docket entry no. 51 to view.) (Entered: 01/08/2020)
2020-01-08CORRECTED*****Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 1/8/2020, Status Conference set for 1/30/2020 at 10:00 AM in Courtroom 16 before Judge Reggie B. Walton. Scheduling Order to issue via Chambers. (Court Reporter Cathryn Jones) (hs) Modified on 1/17/2020 to correct the hearing date to 1/30/2020 (hs). (Entered: 01/08/2020)
2020-01-1353ORDER. See attached Order for details. Signed by Judge Reggie B. Walton on January 13, 2020. (lcrbw1) (Entered: 01/13/2020)
2020-01-17Set/Reset Hearings: Status Conference set for 1/30/2020 at 10:00 AM in Courtroom 16 before Judge Reggie B. Walton. Associated Cases: 1:19-cv-01278-RBW, 1:19-cv-01626-RBW(hs) (Entered: 01/17/2020)
2020-01-2254Joint MOTION to Enforce Orders of November 28, 2019 and December 16, 2019 by BUZZFEED INC., CABLE NEWS NETWORK, INC., JASON LEOPOLD (Attachments: # 1 Exhibit A)(Tobin, Charles) (Entered: 01/22/2020)
2020-01-2755Joint STATUS REPORT Pursuant to Court's Order of January 13, 2020 by CABLE NEWS NETWORK, INC.. (Tobin, Charles) (Entered: 01/27/2020)
2020-01-2856TRANSCRIPT OF PROCEEDINGS before Judge Reggie B. Walton held on January 8, 2020; Page Numbers: 1 - 44. Court Reporter/Transcriber Cathryn Jones, Telephone number 202 354-3246, Transcripts may be ordered by submitting the Transcript Order Form 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. 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. Redaction Request due 2/18/2020. Redacted Transcript Deadline set for 2/28/2020. Release of Transcript Restriction set for 4/27/2020.(Jones, Cathryn) (Entered: 01/28/2020)
2020-01-2957RESPONSE re 54 Joint MOTION to Enforce Orders of November 28, 2019 and December 16, 2019 filed by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Enlow, Courtney) (Entered: 01/29/2020)
2020-01-2958RESPONSE TO ORDER OF THE COURT re 53 Order filed by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Enlow, Courtney) (Entered: 01/29/2020)
2020-01-30Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 1/30/2020. Written Order to issue via Chambers. (Court Reporter Cathryn Jones.) Associated Cases: 1:19-cv-01278-RBW, 1:19-cv-01626-RBW(hs) (Entered: 01/30/2020)
2020-02-0359MOTION for Partial Summary Judgment by BUZZFEED INC., CABLE NEWS NETWORK, INC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Tobin, Charles) (Entered: 02/03/2020)
2020-02-0560ORDER. See attached Order for details. Signed by Judge Reggie B. Walton on February 5, 2020. (lcrbw1) (Entered: 02/05/2020)
2020-02-2461Joint STATUS REPORT by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Enlow, Courtney) (Entered: 02/24/2020)
2020-02-2462Memorandum in opposition to re 59 MOTION for Partial Summary Judgment filed by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order, # 2 Index of Exhibits, # 3 Declaration Declaration of Bradley Weinsheimer and supporting exhibits, # 4 Weinsheimer declaration supporting exhibits, # 5 Weinsheimer declaration supporting exhibits, # 6 Weinsheimer declaration supporting exhibits, # 7 Weinsheimer declaration supporting exhibits, # 8 Declaration of Vanessa Brinkmann and Vaughn Index, # 9 Declaration of David Hardy and supporting exhibits)(Enlow, Courtney) (Entered: 02/24/2020)
2020-02-2463Partial MOTION for Summary Judgment by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order, # 2 Index of Exhibits, # 3 Declaration of Bradley Weinsheimer and supporting exhibits, # 4 Weinsheimer declaration supporting exhibits, # 5 Weinsheimer declaration supporting exhibits, # 6 Weinsheimer declaration supporting exhibits, # 7 Weinsheimer declaration supporting exhibits, # 8 Declaration of Vanessa Brinkmann and Vaughn Index, # 9 Declaration of David Hardy and supporting exhibits)(Enlow, Courtney) (Entered: 02/24/2020)
2020-02-25MINUTE ORDER. Upon consideration of the 61 Joint Status Report, and for good cause shown, it is hereby ORDERED that Jason Leopold and Buzzfeed, Inc. (collectively, the "Leopold plaintiffs") and the United States Department of Justice (the "Department") shall submit a joint status report on or before March 10, 2020, regarding how they wish to proceed with respect to the Leopold plaintiffs' request for all documents and records collected, maintained and stored by the Office of Special Counsel Mueller since May 17, 2017, during the Office's investigation. It is further ORDERED that the Leopold plaintiffs and the Department shall appear before the Court for a status conference on March 13, 2020, at 11:00 a.m. to discuss the Department's pending motion for partial judgment on the pleadings. Signed by Judge Reggie B. Walton on February 25, 2020. (lcrbw1) (Entered: 02/25/2020)
2020-02-25Joint status report due on or before March 10, 2020. Status Conference set for 3/13/2020 at 11:00 AM in Courtroom 16 before Judge Reggie B. Walton. (ztl) (Entered: 02/25/2020)
2020-03-0664REPLY to opposition to motion re 59 MOTION for Partial Summary Judgment , 63 Partial MOTION for Summary Judgment filed by BUZZFEED INC., CABLE NEWS NETWORK, INC., JASON LEOPOLD. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Tobin, Charles) (Entered: 03/06/2020)
2020-03-0665Memorandum in opposition to re 63 Partial MOTION for Summary Judgment filed by BUZZFEED INC., CABLE NEWS NETWORK, INC., JASON LEOPOLD. (See Docket Entry 64 to view document) (ztth) (Entered: 03/09/2020)
2020-03-0966NOTICE OF SUPPLEMENTAL AUTHORITY by BUZZFEED INC., CABLE NEWS NETWORK, INC., JASON LEOPOLD (Attachments: # 1 Exhibit A decision in The Protect Democracy Project v. NSA)(Tobin, Charles) (Entered: 03/09/2020)
2020-03-0967Joint STATUS REPORT by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Enlow, Courtney) (Entered: 03/09/2020)
2020-03-1068Joint STATUS REPORT by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Enlow, Courtney) (Entered: 03/10/2020)
2020-03-10MINUTE ORDER. Upon consideration of the parties' 68 Joint Status Report, and for good cause shown, it is hereby ORDERED that the 25 Defendant's Motion for Partial Judgment on the Pleadings is DENIED WITHOUT PREJUDICE. It is further ORDERED that the motion hearing currently scheduled for March 13, 2020, is VACATED. It is further ORDERED that, on or before April 10, 2020, the parties shall submit a joint status report regarding whether the United States Department of Justice's Office of Information Policy has completed the agreed-upon e-mail searches. Signed by Judge Reggie B. Walton on March 10, 2020. (lcrbw1) (Entered: 03/10/2020)
2020-03-11Set/Reset Deadlines: Joint Status Report due by 4/10/2020 (hs) (Entered: 03/11/2020)
2020-03-1869Unopposed MOTION for Extension of Time to File Response/Reply as to 63 Partial MOTION for Summary Judgment by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Enlow, Courtney) (Entered: 03/18/2020)
2020-03-1870NOTICE OF SUPPLEMENTAL AUTHORITY by BUZZFEED INC., CABLE NEWS NETWORK, INC., JASON LEOPOLD (Attachments: # 1 Exhibit 1)(Tobin, Charles) (Entered: 03/18/2020)
2020-03-18MINUTE ORDER. Upon consideration of the 69 Defendant's Unopposed Motion for an Extension of the Deadlines to File its Reply Brief In Light of the COVID-19 Pandemic's Effect on Federal Government Operations, and for good cause shown, it is hereby ORDERED that this motion is GRANTED. It is further ORDERED that the United States Department of Justice shall file its reply in support of its motion for partial summary judgment on or before March 27, 2020. It is further ORDERED that the motion hearing currently scheduled for April 2, 2020, is CONTINUED to May 1, 2020, at 2:00 p.m. Signed by Judge Reggie B. Walton on March 18, 2020. (lcrbw1) (Entered: 03/18/2020)
2020-03-19Set/Reset Deadlines/Hearings: Defendants Reply in support of its Motion for Partial Summary Judgment due by 3/27/2020. Motion Hearing reset for 5/1/2020 at 02:00 PM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 03/19/2020)
2020-03-1971MOTION to Stay THE PROCESSING, PRODUCTION, AND REPORTING DEADLINES IN LIGHT OF THE COVID-19 PANDEMICS EFFECT ON FEDERAL GOVERNMENT OPERATIONS , MOTION for Extension of Time to COMPLY WITH THE PROCESSING, PRODUCTION, AND REPORTING DEADLINES IN LIGHT OF THE COVID-19 PANDEMICS EFFECT ON FEDERAL GOVERNMENT OPERATIONS by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order, # 2 Declaration)(Enlow, Courtney) (Entered: 03/19/2020)
2020-03-20MINUTE ORDER. Upon consideration of the 71 Defendant's Motion for a Stay and Extension of the Processing, Production, and Reporting Deadlines in Light of the COVID-19 Pandemic's Effect on Federal Government Operations, it is hereby ORDERED that the motion is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED to the extent that it seeks to vacate all pending deadlines in this case, with the exception of the defendant's deadline to file its reply in support of its motion for partial summary judgment, which remains in effect. The motion is DENIED in all other respects. It is further ORDERED that all deadlines in this case, with the exception of the defendant's deadline to file its reply in support of its motion for partial summary judgment, are VACATED pending further order of the Court. It is further ORDERED that, on or before April 13, 2020, the parties shall confer by telephone and file a joint status report proposing a schedule governing further proceedings in this case. Signed by Judge Reggie B. Walton on March 20, 2020. (lcrbw1) (Entered: 03/20/2020)
2020-03-20Set/Reset Deadlines: Joint Status Report due by 4/13/2020 (hs) (Entered: 03/20/2020)
2020-03-2772REPLY to opposition to motion re 63 Partial MOTION for Summary Judgment filed by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Vanessa Brinkmann)(Enlow, Courtney) (Entered: 03/27/2020)
2020-04-1373Joint STATUS REPORT by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Enlow, Courtney) (Entered: 04/13/2020)
2020-04-1374AFFIDAVIT re 73 Status Report by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Enlow, Courtney) (Entered: 04/13/2020)
2020-04-15MINUTE ORDER. Upon consideration of the parties' 73 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before April 27, 2020, the parties shall confer by telephone and file a joint status report proposing a schedule governing further proceedings in this case. Signed by Judge Reggie B. Walton on April 15, 2020. (lcrbw1) (Entered: 04/15/2020)
2020-04-15Set/Reset Deadlines: Joint Status Report due by 4/27/2020 (hs) (Entered: 04/15/2020)
2020-04-1775NOTICE OF SUPPLEMENTAL AUTHORITY by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 D.C. Circuit opinion in Judicial Watch v. DOJ regarding FD-302s as attorney work product)(Enlow, Courtney) (Entered: 04/17/2020)
2020-04-2276RESPONSE re (75 in 1:19-cv-01278-RBW) NOTICE OF SUPPLEMENTAL AUTHORITY, filed by BUZZFEED, INC., CABLE NEWS NETWORK, INC., JASON LEOPOLD, CABLE NEWS NETWORK. (Attachments: # 1 Exhibit 1)Associated Cases: 1:19-cv-01278-RBW, 1:19-cv-01626-RBW(Tobin, Charles) (Entered: 04/22/2020)
2020-04-23MINUTE ORDER. In light of Chief Judge Howell's April 2, 2020 Order, In re: Extension of Postponed Court Proceedings in Standing Order 20-9 and Limiting Court Operations in Exigent Circumstances Created by the COVID-19 Pandemic, Standing Order No. 20-19 (BAH), it is hereby ORDERED that the motions hearing currently scheduled for May 1, 2020, is CONTINUED to June 18, 2020, at 12:30 p.m. It is further ORDERED that the motions hearing currently scheduled for June 18, 2020, is CONVERTED into a status conference, which will serve as a target date for the resolution of the parties' summary judgment motions. Signed by Judge Reggie B. Walton on April 23, 2020. (lcrbw1) (Entered: 04/23/2020)
2020-04-24Set/Reset Hearings: Motion Hearing converted to a Status Conference set for 6/18/2020 at 12:30 PM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 04/24/2020)
2020-04-2777Joint STATUS REPORT by BUZZFEED, INC., CABLE NEWS NETWORK, INC., JASON LEOPOLD. (Tobin, Charles) (Entered: 04/27/2020)
2020-04-30MINUTE ORDER. Upon consideration of the parties' 77 Joint Status Report, it is hereby ORDERED that, on or before May 30, 2020, the United States Department of Justice shall process and produce at least three hundred (300) pages of the typewritten narratives of the FD-302 forms created by the Federal Bureau of Investigation in relation to Special Counsel Mueller's investigation into Russian interference in the 2016 United States presidential election. It is further ORDERED that, on or before May 27, 2020, the parties shall confer by telephone and file a joint status report proposing a schedule governing further proceedings in this case. Signed by Judge Reggie B. Walton on April 30, 2020. (lcrbw1) (Entered: 04/30/2020)
2020-05-01Set/Reset Deadlines: Joint Status Report due by 5/27/2020 (hs) (Entered: 05/01/2020)
2020-05-1878NOTICE OF SUPPLEMENTAL AUTHORITY by BUZZFEED, INC., CABLE NEWS NETWORK, INC., JASON LEOPOLD (Attachments: # 1 Exhibit 1)(Tobin, Charles) (Entered: 05/18/2020)
2020-05-2779Joint STATUS REPORT by BUZZFEED, INC., CABLE NEWS NETWORK, INC., JASON LEOPOLD. (Tobin, Charles) (Entered: 05/27/2020)
2020-06-01MINUTE ORDER. Upon consideration of the parties' 79 Joint Status Report, it is hereby ORDERED that, on June 8, 2020, at 2:00 p.m., the parties shall appear before the Court for a status conference via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on June 1, 2020. (lcrbw1) (Entered: 06/01/2020)
2020-06-01Set/Reset Hearings: Status Conference reset for 6/8/2020 at 02:00 PM before Judge Reggie B. Walton. (hs) (Entered: 06/01/2020)
2020-06-08Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 6/8/2020. Written order to issue from Chambers. (Court Reporter Cathryn Jones) Associated Cases: 1:19-cv-01278-RBW, 1:19-cv-01626-RBW(hs) (Entered: 06/08/2020)
2020-06-09Set/Reset Hearings: Motion Hearing reset for 7/23/2020 at 10:00 AM before Judge Reggie B. Walton. Associated Cases: 1:19-cv-01278-RBW, 1:19-cv-01626-RBW(hs) (Entered: 06/09/2020)
2020-06-0980ORDER. See attached Order for details. Signed by Judge Reggie B. Walton on June 9, 2020. (lcrbw1) (Entered: 06/09/2020)
2020-06-10Set/Reset Deadlines: Joint Status Report due by 9/11/2020 Associated Cases: 1:19-cv-01278-RBW, 1:19-cv-01626-RBW(hs) (Entered: 06/10/2020)
2020-07-15MINUTE ORDER. In light of Chief Judge Howell's July 9, 2020 Order, In re: Third Further Extension of Postponed Court Proceedings Due to Ongoing Exigent Circumstances Caused by COVID-19 Pandemic, Standing Order No. 20-62 (BAH), it is hereby ORDERED that the parties shall appear for the motions hearing currently scheduled for July 23, 2020, at 10:00 a.m., via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on July 15, 2020. (lcrbw1) (Entered: 07/15/2020)
2020-07-23Minute Entry; for proceedings held before Judge Reggie B. Walton: Motion Hearing/Oral Argument held on 7/23/2020 re (63) in 1:19-cv-01278-RBW) Partial MOTION for Summary Judgment. (Court Reporter Cathryn Jones.) Associated Cases: 1:19-cv-01278-RBW, 1:19-cv-01626-RBW(hs) (Entered: 07/23/2020)
2020-08-1981MOTION to Modify Orders of February 5, 2020 and June 9, 2020 by BUZZFEED, INC., CABLE NEWS NETWORK, INC., JASON LEOPOLD (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Tobin, Charles) (Entered: 08/19/2020)
2020-08-21MINUTE ORDER. To ensure the expeditious resolution of the plaintiffs' 81 Motion to Modify Orders of February 5, 2020 and June 9, 2020, it is hereby ORDERED that, on or before August 28, 2020, the United States Department of Justice shall file its opposition to the plaintiffs' motion. It is further ORDERED that, on or before August 31, 2020, the plaintiffs shall file a reply in support of their motion. It is further ORDERED that, on September 4, 2020, at 11:00 a.m., the parties shall appear before the Court for a motions hearing via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). The parties shall be prepared to address not only the plaintiffs' 81 Motion to Modify Orders of February 5, 2020 and June 9, 2020 but also the 54 Plaintiffs' Motion to Enforce Orders of November 28, 2019 and December 16, 2019. Signed by Judge Reggie B. Walton on August 21, 2020. (lcrbw1) (Entered: 08/21/2020)
2020-08-21Set/Reset Deadlines/Hearings: Defendant's Response due by 8/28/2020. Reply in support of its Motion due by 8/31/2020. Motion Hearing set for 9/4/2020 at 11:00 AM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 08/21/2020)
2020-08-2882RESPONSE re 81 MOTION to Modify Orders of February 5, 2020 and June 9, 2020 filed by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Michael G. Seidel)(Enlow, Courtney) (Entered: 08/28/2020)
2020-08-3183REPLY to opposition to motion re 81 MOTION to Modify Orders of February 5, 2020 and June 9, 2020 filed by BUZZFEED, INC., CABLE NEWS NETWORK, INC., JASON LEOPOLD. (Tobin, Charles) (Entered: 08/31/2020)
2020-09-0184WITHDRAWN PURSUANT TO DE# 85 WITHDRAWAL OF MOTION.....Emergency MOTION for Extension of Time to Produce Records to Plaintiffs , MOTION to Expedite Ruling on this Consent Motion for a One-Day Extension of Time by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Enlow, Courtney) Modified on 9/2/2020 (zjf). (Entered: 09/01/2020)
2020-09-0185WITHDRAWAL of Motion by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE re 84 Emergency MOTION for Extension of Time to Produce Records to Plaintiffs MOTION to Expedite Ruling on this Consent Motion for a One-Day Extension of Time filed by U.S. DEPARTMENT OF JUSTICE, DOJ OFFICE OF SPECIAL COUNSEL, DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, FEDERAL BUREAU OF INVESTIGATION . (Enlow, Courtney) (Entered: 09/01/2020)
2020-09-0386MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on September 3, 2020. (lcrbw1) (Entered: 09/03/2020)
2020-09-0387ORDER. In accordance with the Memorandum Opinion issued on this same date, it is hereby ORDERED that the 59 Memorandum in Support of Plaintiffs' Motion for Partial Summary Judgment is DENIED. It is further ORDERED that the 63 Department of Justice's Motion for Partial Summary Judgment in Leopold v. Department of Justice and Cable News Network v. Federal Bureau of Investigation is GRANTED. Signed by Judge Reggie B. Walton on September 3, 2020. (lcrbw1) (Entered: 09/03/2020)
2020-09-04Minute Entry; for proceedings held before Judge Reggie B. Walton: Motion Hearing held on 9/4/2020 re (81 in 1:19-cv-01278-RBW) MOTION to Modify Orders of February 5, 2020 and June 9, 2020 filed by BUZZFEED, INC., JASON LEOPOLD, CABLE NEWS NETWORK, INC. A written order will issue from Chambers. Tentative Ex-Parte Hearing set for 10/7/2020 at 10:00 AM in a courtroom to be determined at a later date before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) Associated Cases: 1:19-cv-01278-RBW, 1:19-cv-01626-RBW(hs) (Entered: 09/04/2020)
2020-09-0488ORDER. See attached Order for details. Signed by Judge Reggie B. Walton on September 4, 2020. (lcrbw1) (Entered: 09/04/2020)
2020-09-0889ORDER. See attached Order for details. Signed by Judge Reggie B. Walton on September 8, 2020. (lcrbw1) (Entered: 09/08/2020)
2020-09-0890AMENDED ORDER. See attached Amended Order for details. Signed by Judge Reggie B. Walton on September 8, 2020. (lcrbw1) (Entered: 09/08/2020)
2020-09-1191MOTION to Clarify re 90 Order , MOTION for Reconsideration and Request for Expedited Ruling by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of Michael G. Seidel, # 2 Text of Proposed Order)(Enlow, Courtney) (Entered: 09/11/2020)
2020-09-1192Joint STATUS REPORT by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Enlow, Courtney) (Entered: 09/11/2020)
2020-09-14MINUTE ORDER. To ensure the expeditious resolution of the 91 Defendant's Motion for Clarification and Partial Reconsideration of the Court's Amended Order and Request for Expedited Ruling, it is hereby ORDERED that, on or before September 18, 2020, the plaintiffs shall file a response to the defendant's motion. It is further ORDERED that, on or before September 23, 2020, the defendant shall file a reply in support of its motion. It is further ORDERED that, on October 2, 2020, at 11:30 a.m., the parties shall appear before the Court for a motion hearing via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on September 14, 2020. (lcrbw1) (Entered: 09/14/2020)
2020-09-14Set/Reset Deadlines/Hearings: Plaintiff's Response due by 9/18/2020, Defendant's Reply in support its motion due by 9/23/2020. Motion Hearing set for 10/2/2020 at 11:30 AM by Telephonic/VTC before Judge Reggie B. Walton. (hs) (Entered: 09/14/2020)
2020-09-1893Memorandum in opposition to re 91 MOTION to Clarify re 90 Order MOTION for Reconsideration and Request for Expedited Ruling filed by BUZZFEED, INC., CABLE NEWS NETWORK, INC., JASON LEOPOLD. (Tobin, Charles) (Entered: 09/18/2020)
2020-09-2394REPLY to opposition to motion re 91 MOTION to Clarify re 90 Order MOTION for Reconsideration and Request for Expedited Ruling filed by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Enlow, Courtney) (Entered: 09/23/2020)
2020-10-02Minute Entry; for proceedings held before Judge Reggie B. Walton: Motion Hearing held on 10/2/2020. Written Order to issue from Chambers. (Court Reporter Janice Dickman) Associated Cases: 1:19-cv-01278-RBW, 1:19-cv-01626-RBW(hs) (Entered: 10/02/2020)
2020-10-0595NOTICE in Response to Court Order Regarding October 7 Hearing by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE re Motion Hearing, 90 Order (Enlow, Courtney) (Entered: 10/05/2020)
2020-10-0596ORDER. See attached Order for details. Signed by Judge Reggie B. Walton on October 5, 2020. (lcrbw1) (Entered: 10/05/2020)
2020-10-0597AMENDED ORDER. See attached Amended Order for details. Signed by Judge Reggie B. Walton on October 5, 2020. (lcrbw1) (Entered: 10/05/2020)
2020-10-06Set/Reset Hearings: Ex Parte Status Conference set for 10/7/2020 at 09:00 AM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 10/06/2020)
2020-10-0698REPLY re 95 Notice (Other), Defendant's Response to Court Order filed by BUZZFEED, INC., CABLE NEWS NETWORK, INC., JASON LEOPOLD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Tobin, Charles) (Entered: 10/06/2020)
2020-10-0699NOTICE (Amended) in Response to Court's Order by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE re 97 Order, 95 Notice (Other), (Enlow, Courtney) (Entered: 10/06/2020)
2020-10-07100ORDER. In accordance with the attached Order, it is hereby ORDERED that the United States Department of Justice shall file under seal a list of the typewritten narratives of the FD-302 forms that it identified in its processing of the documents produced on October 1, 2020, for which it has issued consultation or coordination requests. Signed by Judge Reggie B. Walton on October 7, 2020. (lcrbw1) (Entered: 10/07/2020)
2020-10-07Minute Entry; for proceedings held before Judge Reggie B. Walton: Ex Parte Status Conference held on 10/7/2020. (Court Reporter Cathryn Jones.) Associated Cases: 1:19-cv-01278-RBW, 1:19-cv-01626-RBW(hs) (Entered: 10/07/2020)
2020-10-07101SEALED DOCUMENT filed by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE re 100 Order, Status Conference, Set Deadlines (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit List of FD-302s sent for consultation in October)(Enlow, Courtney) (Entered: 10/07/2020)
2020-10-08102Emergency MOTION for Order by BUZZFEED, INC., CABLE NEWS NETWORK, INC., JASON LEOPOLD (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Topic, Matthew) (Entered: 10/08/2020)
2020-10-08103ORDER. See attached Order for details. Signed by Judge Reggie B. Walton on October 8, 2020. (lcrbw1) (Entered: 10/08/2020)
2020-10-09104ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before October 30, 2020, the United States Department of Justice shall make a good faith effort to complete its review of and produce to the plaintiffs as many non-exempt portions as possible of the typewritten narratives of the FD-302 forms that it identified on the list filed under seal to the Court on October 7, 2020. It is further ORDERED that, on November 4, 2020, at 2:00 p.m., the parties shall appear before the Court for a status conference via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on October 9, 2020. (lcrbw1) (Entered: 10/09/2020)
2020-10-09Set/Reset Deadlines/Hearings: Status Conference set for 11/4/2020 at 02:00 PM by Telephonic/VTC before Judge Reggie B. Walton. Associated Cases: 1:19-cv-01278-RBW, 1:19-cv-01626-RBW(hs) (Entered: 10/09/2020)
2020-10-09105Emergency MOTION for one week for an agency to complete two consults with no change in October 30 production date to plaintiffs re 97 Order by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Enlow, Courtney) (Entered: 10/09/2020)
2020-10-10106ORDER. See attached Order for details. Signed by Judge Reggie B. Walton on October 10, 2020. (lcrbw1) (Entered: 10/10/2020)
2020-10-13107Memorandum in opposition to re 102 Emergency MOTION for Order filed by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of G. Bradley Weinsheimer)(Enlow, Courtney) Modified docket event/text on 10/14/2020 (eg). (Entered: 10/13/2020)
2020-10-13108Consent MOTION for Extension of Time to Provide Final Responses on Consultation/Coordination Requests (nunc pro tunc motion for one-day extension for one Federal agency) by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Enlow, Courtney) (Entered: 10/13/2020)
2020-10-14109REPLY to opposition to motion re 102 Emergency MOTION for Order filed by BUZZFEED, INC., CABLE NEWS NETWORK, INC., JASON LEOPOLD. (Tobin, Charles) (Entered: 10/14/2020)
2020-10-14110ORDER. See attached Order for details. Signed by Judge Reggie B. Walton on October 14, 2020. (lcrbw1) (Entered: 10/14/2020)
2020-10-16MINUTE ORDER. It is hereby ORDERED that the parties shall appear for the motion hearing currently scheduled for October 16, 2020, at 11:00 a.m., via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). The Clerk of the Court will provide counsel with a security code required to access the teleconference. Members of the public are advised to dial in by calling 1-888-557-8511 and entering the public access code: (4140864). Signed by Judge Reggie B. Walton on October 16, 2020. (lcrbw1) (Entered: 10/16/2020)
2020-10-16Minute Entry; for proceedings held before Judge Reggie B. Walton: Motion Hearing held on 10/16/2020 re (132 in 1:19-cv-00810-RBW) Emergency MOTION for Order filed by BUZZFEED, INC., JASON LEOPOLD, (102 in 1:19-cv-01278-RBW) Emergency MOTION for Order filed by BUZZFEED, INC., JASON LEOPOLD, CABLE NEWS NETWORK, INC. Motion Hearing continued for 10/21/2020 at 11:30 AM by Telephonic/VTC before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (hs) (Entered: 10/16/2020)
2020-10-16111ORDER. See attached Order for details. Signed by Judge Reggie B. Walton on October 16, 2020. (lcrbw1) (Entered: 10/16/2020)
2020-10-20112NOTICE of Compliance with Court Order by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE re 111 Order (Attachments: # 1 Declaration)(Enlow, Courtney) (Entered: 10/20/2020)
2020-10-20113RESPONSE re 112 Notice (Other), filed by BUZZFEED, INC., CABLE NEWS NETWORK, INC., JASON LEOPOLD. (Tobin, Charles) (Entered: 10/20/2020)
2020-10-21Minute Entry; for proceedings held before Judge Reggie B. Walton: Motion Hearing held on 10/21/2020. Plaintiff's 132 in 1:19-cv-00810-RBW Emergency MOTION for Order filed by BUZZFEED, INC., JASON LEOPOLD, and 102 in 1:19-cv-01278-RBW Emergency MOTION for Order filed by BUZZFEED, INC., JASON LEOPOLD, CABLE NEWS NETWORK, INC.; heard and denied. A written order will issue from Chambers. (Court Reporter Cathryn Jones) (hs) (Entered: 10/21/2020)
2020-10-22114ORDER. See attached Order for details. Signed by Judge Reggie B. Walton on October 22, 2020. (lcrbw1) (Entered: 10/22/2020)
2020-10-26115TRANSCRIPT OF PROCEEDINGS before Judge Reggie B. Walton held on October 21, 2020; Page Numbers: 1 - 17. Court Reporter/Transcriber Cathryn Jones, Telephone number 202 354-3246, Transcripts may be ordered by submitting the Transcript Order Form 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, th e transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. 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. Redaction Request due 11/16/2020. Redacted Transcript Deadline set for 11/26/2020. Release of Transcript Restriction set for 1/24/2021.(Jones, Cathryn) (Entered: 10/26/2020)
2020-10-29116ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before October 29, 2020, the United States Department of Justice (the "Department") shall order a transcript of the ex parte hearing held on October 7, 2020, so that the court reporter can expeditiously prepare a transcript of the hearing for the Department's and the Court's review prior to the production of a redacted copy of the transcript to the plaintiffs before November 3, 2020. It is further ORDERED that the status conference currently scheduled for November 4, 2020, is VACATED. It is further ORDERED that, on or before December 1, 2020, the Department shall produce to the plaintiffs all remaining non-exempt portions of the typewritten narratives of the FD-302 forms that it identified on the list filed under seal to the Court on October 7, 2020. It is further ORDERED that, on December 4, 2020, at 9:30 a.m., the parties shall appear before the Court for a status conference via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on October 29, 2020. (lcrbw1) (Entered: 10/29/2020)
2020-10-29Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 10/29/2020. Status Hearing set for 11/4/2020 is VACATED. Status Conference set for 12/4/2020 at 09:30 AM by Telephonic/VTC before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (hs) (Entered: 10/29/2020)
2020-10-30117TRANSCRIPT OF PROCEEDINGS before Judge Reggie B. Walton held on October 7, 2020; Page Numbers: 1 - 4. Court Reporter/Transcriber Cathryn Jones, Telephone number 202 354-3246, Transcripts may be ordered by submitting the Transcript Order Form 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. 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. Redaction Request due 11/20/2020. Redacted Transcript Deadline set for 11/30/2020. Release of Transcript Restriction set for 1/28/2021.(Jones, Cathryn) (Entered: 10/30/2020)
2020-12-04Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 12/4/2020. A written order will issue via Chambers. (Court Reporter Cathryn Jones) Associated Cases: 1:19-cv-01278-RBW, 1:19-cv-01626-RBW(hs) (Entered: 12/04/2020)
2020-12-05118TRANSCRIPT OF PROCEEDINGS before Judge Reggie B. Walton held on December 4, 2020; Page Numbers: 1 - 17. Court Reporter/Transcriber Cathryn Jones, Telephone number 202 354-3246, Transcripts may be ordered by submitting the Transcript Order Form 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, th e transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. 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. Redaction Request due 12/26/2020. Redacted Transcript Deadline set for 1/5/2021. Release of Transcript Restriction set for 3/5/2021.(Jones, Cathryn) (Entered: 12/05/2020)
2020-12-07119ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before January 15, 2021, in light of the grant of a full and unconditional pardon to General Michael T. Flynn by the President and General Flynn's acceptance of the pardon, to the extent that any typewritten narratives of the FD-302 forms created by the Federal Bureau of Investigation ("FBI") in conjunction with Special Counsel Robert Mueller's investigation into Russian interference in the 2016 United States presidential election concern General Flynn, the United States Department of Justice (the "Department") shall (1) re-process the typewritten narratives and (2) produce to the plaintiffs all non-exempt portions of the re-processed typewritten narratives. It is further ORDERED that, until otherwise ordered by the Court, the Department shall, on a monthly basis, process at least five hundred (500) pages of the remaining records responsive to the plaintiffs' requests for the FD-302 forms created by the FBI in conjunction with Special Counsel Mueller's investigation (unless fewer than five hundred (500) pages remain, in which case the remaining balance shall be processed) and produce to the plaintiffs, on or before April 1, 2021, and thereafter on the first day of every month (or on the next business day if the first is not a business day or is a holiday) until production has been completed, the non-exempt portions of these records. Signed by Judge Reggie B. Walton on December 7, 2020. (lcrbw1) (Entered: 12/07/2020)
2021-02-18120Consent MOTION for Extension of Time to Process and Produce Documents by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Enlow, Courtney) (Entered: 02/18/2021)
2021-02-22121ORDER. See attached Order for details. Signed by Judge Reggie B. Walton on February 22, 2021. (lcrbw1) (Entered: 02/22/2021)
2021-04-05122Joint MOTION to Modify Production Schedule by DOJ DEPUTY ATTORNEY GENERAL, DOJ OFFICE OF ATTORNEY GENERAL, DOJ OFFICE OF SPECIAL COUNSEL, FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Enlow, Courtney) (Entered: 04/05/2021)
2021-04-08123ORDER. See attached Order for details. Signed by Judge Reggie B. Walton on April 8, 2021. (lcrbw1) (Entered: 04/08/2021)
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