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Case TitleBUZZFEED INC. v. U.S. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01977
Date Filed2019-07-02
Date ClosedOpen
JudgeJudge Emmet G. Sullivan
PlaintiffBUZZFEED, INC.
Case DescriptionBuzzfeed submitted a FOIA request to the FBI for records concerning communications between the FBI field staff in Los Angeles and FamilyTreeDNA, Gene By Gene, MyHeritage or Parabon Nanolabs. Buzzfeed asked for both investigative and non-investigative files. The FBI acknowledged receipt of the request and told Buzzfeed that the estimated search time would be 1,289 days. Buzzfeed then filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
DefendantFEDERAL BUREAU OF INVESTIGATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [36]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-07-021COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-6230372) filed by BUZZFEED INC.. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 07/02/2019)
2019-07-022NOTICE of Appearance by Matthew Topic on behalf of BUZZFEED INC. (Topic, Matthew) (Entered: 07/02/2019)
2019-07-023LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BUZZFEED INC. (Topic, Matthew) (Entered: 07/02/2019)
2019-07-05Case Assigned to Judge Emmet G. Sullivan. (zeg) (Entered: 07/05/2019)
2019-07-054SUMMONS (4) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 07/05/2019)
2019-07-125STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 07/12/19. (Attachment: Exhibit 1) (mac) (Entered: 07/12/2019)
2019-08-066NOTICE of Appearance by Merrick Jason Wayne on behalf of BUZZFEED INC. (Wayne, Merrick) (Entered: 08/06/2019)
2019-09-117RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 7/15/2019 (Topic, Matthew) (Entered: 09/11/2019)
2019-09-118RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 7/16/2019 (Topic, Matthew) (Entered: 09/11/2019)
2019-09-119RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/16/2019. (Topic, Matthew) (Entered: 09/11/2019)
2019-09-1110RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/21/2019. Answer due for ALL FEDERAL DEFENDANTS by 9/20/2019. (Topic, Matthew) (Entered: 09/11/2019)
2019-09-1811ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE.(Rogers, Joshua) (Entered: 09/18/2019)
2019-10-02MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than November 8, 2019. The parties joint proposed scheduling order shall address the following: (1) The status of plaintiffs FOIA request; (2) The anticipated number of documents responsive to plaintiffs FOIA request; (3) The anticipated date(s) for release of documents responsive to plaintiffs FOIA request; (4)Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each partys individual recommendations. Signed by Judge Emmet G. Sullivan on 10/2/2019. (lcegs2) (Entered: 10/02/2019)
2019-10-03Set/Reset Deadlines: Joint Proposed Scheduling Order due by 11/8/2019. (mac) (Entered: 10/03/2019)
2019-11-0812Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 11/08/2019)
2019-11-12MINUTE ORDER. Upon consideration of 12 the parties' joint status report, the parties are directed to file a further joint status report by no later than January 24, 2020. Signed by Judge Emmet G. Sullivan on 11/12/2019. (lcegs2) (Entered: 11/12/2019)
2019-11-13Set/Reset Deadlines: Further Joint Status Report due by 1/24/2020. (mac) (Entered: 11/13/2019)
2020-01-2413NOTICE OF SUBSTITUTION OF COUNSEL by William J. Chang on behalf of All Defendants Substituting for attorney JOSHUA ROGERS (Chang, William) (Entered: 01/24/2020)
2020-01-2414Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Chang, William) (Entered: 01/24/2020)
2020-01-27MINUTE ORDER. In view of 24 parties' joint status report, the parties are directed to file a further joint status report by no later than April 24, 2020. Signed by Judge Emmet G. Sullivan on 01/27/2020. (lcegs2) (Entered: 01/27/2020)
2020-01-28Set/Reset Deadlines: Further Joint Status Report due by 4/24/2020. (mac) (Entered: 01/28/2020)
2020-04-2415Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Chang, William) (Entered: 04/24/2020)
2020-04-24MINUTE ORDER. In view of 15 parties' joint status report, the parties are directed to file a further joint status report by no later than June 24, 2020. Signed by Judge Emmet G. Sullivan on 4/24/2020. (lcegs2) (Entered: 04/24/2020)
2020-04-27Set/Reset Deadlines: Joint Status Report due by 6/24/2020. (mac) (Entered: 04/27/2020)
2020-06-2416Joint STATUS REPORT by BUZZFEED, INC.. (Topic, Matthew) (Entered: 06/24/2020)
2020-06-26MINUTE ORDER. In view of 16 parties' joint status report, the parties are directed to file a further joint status report by no later than September 24, 2020. Signed by Judge Emmet G. Sullivan on 6/26/2020. (lcegs2) (Entered: 06/26/2020)
2020-06-29Set/Reset Deadlines: Joint Status Report due by 9/24/2020. (mac) (Entered: 06/29/2020)
2020-09-2417Joint STATUS REPORT by BUZZFEED, INC.. (Topic, Matthew) (Entered: 09/24/2020)
2020-09-28MINUTE ORDER. In view of 17 parties' joint status report, the parties are directed to file a further joint status report by no later than October 23, 2020. Signed by Judge Emmet G. Sullivan on 9/28/2020. (lcegs2) (Entered: 09/28/2020)
2020-09-28Set/Reset Deadlines: Joint Status Report due by 10/23/2020 (mac) (Entered: 09/28/2020)
2020-10-2318Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Chang, William) (Entered: 10/23/2020)
2020-10-23MINUTE ORDER. In view of 18 parties' joint status report, the parties are directed to file a further joint status report by no later than December 22, 2020. Signed by Judge Emmet G. Sullivan on 10/23/2020. (lcegs2) (Entered: 10/23/2020)
2020-10-26Set/Reset Deadlines: Joint Status Report due by 12/22/2020 (mac) (Entered: 10/26/2020)
2020-11-0419NOTICE OF SUBSTITUTION OF COUNSEL by Michael A. Tilghman on behalf of FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE Substituting for attorney William Chang (Tilghman, Michael) (Entered: 11/04/2020)
2020-12-2220Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Tilghman, Michael) (Entered: 12/22/2020)
2020-12-23MINUTE ORDER. In view of 20 parties' joint status report, the parties are directed to file a further joint status report by no later than January 19, 2021. Signed by Judge Emmet G. Sullivan on 12/23/2020. (lcegs2) (Entered: 12/23/2020)
2020-12-23Set/Reset Deadlines: Joint Status Report due by 1/19/2021 (mac) (Entered: 12/23/2020)
2021-01-1921Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Tilghman, Michael) (Entered: 01/19/2021)
2021-01-19MINUTE ORDER. In view of 21 the parties' joint status report, the parties are directed to file a further joint status report by no later than February 18, 2021. Signed by Judge Emmet G. Sullivan on 1/19/2021. (lcegs1) (Entered: 01/19/2021)
2021-01-21Set/Reset Deadlines: Joint Status Report due by 2/18/2021. (mac) (Entered: 01/21/2021)
2021-02-1822Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Tilghman, Michael) (Entered: 02/18/2021)
2021-02-18MINUTE ORDER. In view of 22 Joint Status Report, the parties are directed to file a further joint status report by no later than March 22, 2021. Signed by Judge Emmet G. Sullivan on 2/18/2021. (lcegs2) (Entered: 02/18/2021)
2021-02-19Set/Reset Deadlines: Joint Status Report due by 3/22/2021 (mac) (Entered: 02/19/2021)
2021-03-2223Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Tilghman, Michael) (Entered: 03/22/2021)
2021-03-23MINUTE ORDER. In view of 23 Joint Status Report, the parties shall abide by the following briefing schedule: (1) Defendants shall file their motion for summary judgement and/or other dispositive motion by no later than July 15, 2021; (2) Plaintiff shall file its cross-motion for summary judgment and opposition to Defendants' motion by no later than August 16, 2021; (3) Defendants shall file their opposition to Plaintiff's cross-motion and reply in support of Defendants' motion by no later than September 15, 2021; and (4) Plaintiff shall file its reply by no later than September 29, 2021. Further, the Court denies the parties' request for the Court to dispense with the filing of statements of facts as required by Local Civil Rule 7(h) and paragraph 13 of 5 the Court's Standing Order. Signed by Judge Emmet G. Sullivan on 3/23/2021. (lcegs2) (Entered: 03/23/2021)
2021-03-24Set/Reset Deadlines: Defendants Motion For Summary Judgement And/Or Other Dispositive Motion due by 7/15/2021. Plaintiff Cross-Motion For Summary judgment And Opposition To Defendants' Motion due by 8/16/2021. Defendants Opposition To Plaintiff's cross-motion And Reply In Support Of Defendants' Motion due by 9/15/2021. Plaintiff Reply due by 9/29/2021. (mac) (Entered: 03/24/2021)
2021-07-0924Consent MOTION for Extension of Time to File Defendants' Motion for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 07/09/2021)
2021-07-09MINUTE ORDER granting 24 Consent Motion for Extension of Time. Defendants shall file their motion for summary judgment by no later than July 23, 2021. Signed by Judge Emmet G. Sullivan on 7/9/2021. (lcegs2) (Entered: 07/09/2021)
2021-07-12Set/Reset Deadlines: Defendants Motion For Summary Judgment due by 7/23/2021. (mac) (Entered: 07/12/2021)
2021-07-1325Unopposed MOTION for Extension of Time to Briefing Schedule by BUZZFEED, INC.. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 07/13/2021)
2021-07-13MINUTE ORDER granting 25 Unopposed Motion for Extension. The parties shall adhere to the following amended briefing schedule: (1) Defendants shall file their motion for summary judgment by no later than July 23, 2021; (2) Plaintiff shall file its cross-motion for summary judgment and opposition to Defendants' motion by no later than August 24, 2021; (3) Defendants shall file their reply and opposition to Plaintiff's cross-motion by no later than September 23, 2021; and (4) Plaintiff shall file its reply by no later than October 7, 2021. Signed by Judge Emmet G. Sullivan on 7/13/2021. (lcegs2) (Entered: 07/13/2021)
2021-07-14Set/Reset Deadlines: Defendants Motion For Summary Judgment due by 7/23/2021. Plaintiff Cross-Motion For Summary Judgment And Opposition To Defendants' Motion due by 8/24/2021. Defendants Reply And Opposition To Plaintiff's Cross-Motion due by 09/23/2021. Plaintiff Reply due by 10/07/2021. (mac) (Entered: 07/14/2021)
2021-07-2326MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Defendants' Statement of Material Facts as to Which There is No Genuine Issue, # 3 Exhibit Index, # 4 Exhibit 1 (Declaration of Michael G. Seidel), # 5 Text of Proposed Order)(Tilghman, Michael) (Entered: 07/23/2021)
2021-08-2427Cross MOTION for Summary Judgment by BUZZFEED, INC.. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts Counter-Statement of Facts, # 3 Text of Proposed Order)(Topic, Matthew) (Entered: 08/24/2021)
2021-08-2428Memorandum in opposition to re 26 MOTION for Summary Judgment filed by BUZZFEED, INC.. (Attachments: # 1 Statement of Facts Counter-Statement of Facts, # 2 Text of Proposed Order)(Topic, Matthew) (Entered: 08/24/2021)
2021-09-1529Consent MOTION for Extension of Time to File Defendants' Opposition and Reply Brief by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 09/15/2021)
2021-09-17MINUTE ORDER granting 29 Defendants' Consent Motion for Extension of Time. Defendants shall file their opposition and reply brief by no later than October 15, 2021, and Plaintiff shall file its reply brief by no later than November 5, 2021. Signed by Judge Emmet G. Sullivan on 9/17/2021. (lcegs2) (Entered: 09/17/2021)
2021-09-18Set/Reset Deadlines: Defendants opposition and reply brief due by 10/15/2021. Plaintiff Reply Brief due by 11/05/2021 (mac) (Entered: 09/18/2021)
2021-10-1530Unopposed MOTION for Leave to Submit Material for Ex Parte, In Camera Review by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 10/15/2021)
2021-10-1531REPLY to opposition to motion re 26 MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Second Declaration of Michael G. Seidel, # 2 Reply to Counter-Statement of Disputed Facts)(Tilghman, Michael) (Entered: 10/15/2021)
2021-10-1532Memorandum in opposition to re 27 Cross MOTION for Summary Judgment filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Second Declaration of Michael G. Seidel, # 2 Reply to Counter-Statement of Disputed Facts, # 3 Text of Proposed Order)(Tilghman, Michael) (Entered: 10/15/2021)
2021-10-19MINUTE ORDER granting 30 Defendants' Unopposed Motion for Leave to Submit Material for Ex Parte, In Camera Review. Defendants shall submit for ex parte, in camera review the material from the contractor(s) in support of Defendants Opposition to Plaintiffs Cross-Motion for Summary Judgment and Reply in Support of Defendants Motion for Summary Judgment. Signed by Judge Emmet G. Sullivan on 10/19/2021. (lcegs2) (Entered: 10/19/2021)
2021-10-2733NOTICE of In Camera Submission by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Tilghman, Michael) (Entered: 10/27/2021)
2021-11-0534REPLY to opposition to motion re 27 Cross MOTION for Summary Judgment filed by BUZZFEED, INC.. (Topic, Matthew) (Entered: 11/05/2021)
2022-08-3135NOTICE OF SUBSTITUTION OF COUNSEL by Stephen DeGenaro on behalf of All Defendants Substituting for attorney Michael A. Tilghman II (DeGenaro, Stephen) (Entered: 08/31/2022)
2023-10-1736MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 10/17/2023. (lcegs2) (Entered: 10/17/2023)
2023-10-1737ORDER granting 26 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION, and denying 27 Cross MOTION for Summary Judgment filed by BUZZFEED, INC. Signed by Judge Emmet G. Sullivan on 10/17/2023. (lcegs2) (Entered: 10/17/2023)
2023-10-1738NOTICE of Appearance by Fithawi Berhane on behalf of FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE (Berhane, Fithawi) (Entered: 10/17/2023)
2023-10-17MINUTE ORDER. In view of 36 Memorandum Opinion and 37 Order, the parties shall file a status report by no later than October 31, 2023 informing the Court whether there is any objection to the entry of final judgment in this proceeding. Signed by Judge Emmet G. Sullivan on 10/17/2023. (lcegs3) (Entered: 10/17/2023)
2023-10-18Set/Reset Deadlines: Parties Joint Status Report due by 10/31/2023. (mac) (Entered: 10/18/2023)
2023-10-2339Unopposed MOTION for Extension of Time to File Fee Petition by BUZZFEED, INC.. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 10/23/2023)
2023-10-24MINUTE ORDER granting 39 Plaintiff's Unopposed Motion for Extension of Time to file its Petition for Attorneys' Fees. Plaintiff's Petition for Attorneys' Fees shall be filed by no later than November 21, 2023. Signed by Judge Emmet G. Sullivan on 10/24/2023. (lcegs3) (Entered: 10/24/2023)
2023-10-24Set/Reset Deadlines: Plaintiff's Petition For Attorneys' Fees due by 11/21/2023. (mac) (Entered: 10/24/2023)
2023-10-3140Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Berhane, Fithawi) (Entered: 10/31/2023)
2023-11-08MINUTE ORDER. In view of 40 Joint Status Report, the following deadlines shall govern this case: (1) Plaintiff's motion for attorneys fees shall be filed by no later than November 21, 2023; (2) Defendant's opposition shall be filed by no later than January 22, 2024; and (3) Plaintiff's reply shall be filed by no later than February 5, 2024. Signed by Judge Emmet G. Sullivan on 11/8/2023. (lcegs1) (Entered: 11/08/2023)
2023-11-08Set/Reset Deadlines: Plaintiff's Motion For Attorneys Fees due by 11/21/2023. Defendant' Opposition due by 1/22/2024. Plaintiff's Reply due by 2/5/2024. (mac) (Entered: 11/08/2023)
2023-11-2041NOTICE of Appearance by Stephen Stich Match on behalf of BUZZFEED, INC. (Match, Stephen) (Entered: 11/20/2023)
2023-11-2042Unopposed MOTION for Extension of Time to File Motion for Attorneys' Fees by BUZZFEED, INC.. (Match, Stephen) (Entered: 11/20/2023)
2023-11-21MINUTE ORDER granting 42 Motion for Extension of Time. The following schedule shall govern the briefing for Plaintiff's motion for attorneys fees: (1) Plaintiff's motion shall be filed by no later than February 20, 2024; (2) Defendant's opposition shall be filed by no later than April 22, 2024; and (3) Plaintiff's reply shall be filed by no later than May 6, 2024.Signed by Judge Emmet G. Sullivan on 11/21/2023. (lcegs1) (Entered: 11/21/2023)
2023-11-21Set/Reset Deadlines: Plaintiff's Motion due by 2/20/2024. Defendant's Opposition due by 4/22/2024. Plaintiff's Reply due by 5/6/2024. (mac) (Entered: 11/21/2023)
2024-02-2043Unopposed MOTION for Extension of Time to File Fee Petition by BUZZFEED, INC.. (Wayne, Merrick) (Entered: 02/20/2024)
2024-02-20MINUTE ORDER granting 43 motion for extension of time. The following deadlines shall govern this matter: (1) Plaintiff shall file its motion for attorneys' fees by no later than March 26, 2024; (2) Defendants shall file their opposition by no later than May 28, 2024; and (3) Plaintiff shall file its reply by no later than June 11, 2024. Signed by Judge Emmet G. Sullivan on 2/20/2024. (lcegs1) (Entered: 02/20/2024)
2024-02-21Set/Reset Deadlines: Plaintiff Motion For Attorneys' Fees due by 3/26/2024. Defendant Opposition due by 5/28/2024. Plaintiff Reply due by 6/11/2024. (mac) (Entered: 02/21/2024)
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