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Case TitleSoutheastern Legal Foundation, Inc. v. United States Department of Justice
DistrictNorthern District of Georgia
CityAtlanta
Case Number1:2019cv03429
Date Filed2019-07-30
Date Closed2021-08-23
JudgeJudge Mark H. Cohen
PlaintiffSoutheastern Legal Foundation, Inc.
Case DescriptionThe Southeastern Legal Foundation submitted a FOIA request to the FBI for records concerning any finding that an attorney violated the Foreign Intelligence Surveillance Court rules in connection with obtaining a warrant to conduct surveillance of Carter Page. SLF also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, SLF filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Department of Justice
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-07-301COMPLAINT filed by Southeastern Legal Foundation, Inc.. (Filing fee $400.00, receipt number AGANDC-8827310) (Attachments: # 1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 07/31/2019)
2019-07-302Electronic Summons Issued as to United States Department of Justice. (eop) (Entered: 07/31/2019)
2019-07-303Electronic Summons Issued as to William P. Barr. (eop) (Entered: 07/31/2019)
2019-07-304Electronic Summons Issued as to United States Attorney Office. (eop) (Entered: 07/31/2019)
2019-07-305Certificate of Interested Persons by Southeastern Legal Foundation, Inc.. (eop) (Entered: 07/31/2019)
2019-07-316STANDING ORDER REGARDING CIVIL LITIGATION . Signed by Judge Mark H. Cohen on 7/31/19. (bnw) (Entered: 07/31/2019)
2019-08-05Clerks Notation re 5 Certificate of Interested Persons reviewed by MHC. (lwb) (Entered: 08/05/2019)
2019-08-127Return of Service Executed by Southeastern Legal Foundation, Inc.. United States Department of Justice served on 8/5/2019, answer due 10/4/2019. (Attachments: # 1 Exhibit Proof of Service to U.S. Department of Justice, # 2 Exhibit Proof of Service to U.S. Attorney General, # 3 Exhibit Proof of Service to U.S. Attorney NDGA)(Hermann, Kimberly) (Entered: 08/12/2019)
2019-08-288Unopposed MOTION for Extension of Time to File a Responsive Pleading to Plaintiff's Complaint with Brief In Support by United States Department of Justice. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(Williams, Samuel) Modified on 8/28/2019 (adg). (Entered: 08/28/2019)
2019-08-289ORDER GRANTING 8 Motion for Extension of Time through and including 11/11/2019 for United States Department of Justice to file a responsive pleading to the 1 Complaint. Signed by Judge Mark H. Cohen on 8/28/2019. (adg) (Entered: 08/28/2019)
2019-11-1210Joint MOTION for Extension of Time to File Answer re 1 Complaint, with Brief In Support by United States Department of Justice. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(Williams, Samuel) (Entered: 11/12/2019)
2019-11-1211ORDER Granting 10 Motion for Extension of Time to Answer. United States Department of Justice's Answer due 12/12/2019. Signed by Judge Mark H. Cohen on 11/12/19. (bjh) (Entered: 11/12/2019)
2019-12-1212MOTION to Dismiss the Complaint with Brief In Support by United States Department of Justice. (Attachments: # 1 Brief, # 2 Exhibit Exhibit 1)(Williams, Samuel) (Entered: 12/12/2019)
2019-12-2313Unopposed MOTION for Extension of Time to File Response to Defendant's Motion to Dismiss with Brief In Support by Southeastern Legal Foundation, Inc.. (Attachments: # 1 Brief Brief in Support of Plaintiff's Unopposed Motion for Extension of Time, # 2 Text of Proposed Order Proposed Order)(Hermann, Kimberly) (Entered: 12/23/2019)
2019-12-2314ORDER granting 13 Motion for Extension of Time to file response 12 MOTION to Dismiss the Complaint through and including 1/9/2020. Signed by Judge Mark H. Cohen on 12/23/2019. (dob) (Entered: 12/23/2019)
2020-01-0915RESPONSE in Opposition re 12 MOTION to Dismiss the Complaint filed by Southeastern Legal Foundation, Inc.. (Attachments: # 1 Affidavit Declaration of Kimberly S. Hermann)(Hermann, Kimberly) (Entered: 01/09/2020)
2020-01-2316Unopposed MOTION for Extension of Time to Reply re: 15 Response in Opposition to Motion with Brief In Support by United States Department of Justice. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(Williams, Samuel) (Entered: 01/23/2020)
2020-01-2417ORDER Granting 16 Motion for Extension of Time through and including 2/6/20 to file a Reply to 12 MOTION to Dismiss the Complaint . Signed by Judge Mark H. Cohen on 1/24/20. (bjh) (Entered: 01/24/2020)
2020-01-2918Notice for Leave of Absence for the following date(s): 2/4/20, 2/10/20, 2/11/20, 2/14/20, 2/17/20, 2/18/20, 2/19/20, 2/20/20, 2/21/20, by Kimberly Stewart Hermann. (Hermann, Kimberly) (Entered: 01/29/2020)
2020-01-3019NOTICE of Appearance by Anna Celia Howard on behalf of Southeastern Legal Foundation, Inc. (Howard, Anna) (Entered: 01/30/2020)
2020-02-0620REPLY BRIEF re 12 MOTION to Dismiss the Complaint filed by United States Department of Justice. (Attachments: # 1 Exhibit 1)(Williams, Samuel) (Entered: 02/06/2020)
2020-02-07Submission of 12 MOTION to Dismiss the Complaint , to District Judge Mark H. Cohen. (bjh) (Entered: 02/07/2020)
2020-03-2021GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (bdb) (Entered: 03/25/2020)
2020-04-0222Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (aaq) (ADI) (Entered: 04/02/2020)
2020-05-0423SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (adg) (ADI) (Entered: 05/04/2020)
2020-05-2124Certification of Consent to Substitution of Counsel. Lisa D. Cooper replacing attorney Samuel Harrington Williams. (Cooper, Lisa) (Entered: 05/21/2020)
2020-05-2725THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (ddm) (ADI) (Entered: 05/27/2020)
2020-07-0226FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (rvb) (ADI) (Entered: 07/02/2020)
2020-07-1327FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (adg) (ADI) (Entered: 07/13/2020)
2020-07-2828ORDER denying United States Department of Justice's 12 Motion to Dismiss.. Signed by Judge Mark H. Cohen on 7/28/20. (bjh) (Entered: 07/28/2020)
2020-08-0429SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (aaq) (ADI) (Entered: 08/04/2020)
2020-08-1030ANSWER to 1 COMPLAINT by United States Department of Justice. Discovery ends on 1/7/2021.(Cooper, Lisa) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 08/10/2020)
2020-09-0231SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (mmc) (ADI) (Entered: 09/02/2020)
2020-09-2932EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (mmc) (ADI) (Entered: 09/29/2020)
2020-11-1633MOTION for Summary Judgment with Brief In Support by United States Department of Justice. (Attachments: # 1 Brief In Support of Motion for Summary Judgment, # 2 Statement of Material Facts, # 3 Exhibit A-Declaration o fMicahel G. Seidel)(Cooper, Lisa) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 11/16/2020)
2020-12-0734Cross MOTION for Summary Judgment with Brief In Support by Southeastern Legal Foundation, Inc.. (Attachments: # 1 Brief, # 2 Statement of Material Facts, # 3 Declaration of Kimberly S. Hermann, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit F-1, # 11 Exhibit G, # 12 Exhibit H)(O'Leary, Celia) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 12/07/2020)
2020-12-0935NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (rvb) (ADI) (Entered: 12/09/2020)
2020-12-11Submission of 33 MOTION for Summary Judgment, to District Judge Mark H. Cohen. (jpa) (Entered: 12/11/2020)
2020-12-1836Consent MOTION for Extension of Time Reply Brief in Support of Defendant's Motion for Summary Judgment re: 33 MOTION for Summary Judgment with Brief In Support by United States Department of Justice. (Attachments: # 1 Text of Proposed Order)(Cooper, Lisa) (Entered: 12/18/2020)
2020-12-1837Consent MOTION for Extension of Time to File Response in Opposition To Plaintiff's Cross-Motion fo rSummary Judgment re: 34 Cross MOTION for Summary Judgment with Brief In Support by United States Department of Justice. (Attachments: # 1 Text of Proposed Order)(Cooper, Lisa) (Entered: 12/18/2020)
2020-12-1838ORDER granting 36 and 37 Motions for Extension of Time. Defendant shall be GRANTED an extension of time to file a reply brief in support of Defendant's Motion for Summary Judgment and a Response in Opposition to Plaintiff's Cross-Motion for Summary Judgment, through and including January 8, 2021. Signed by Judge Mark H. Cohen on 12/18/2020. (rjs) (Entered: 12/18/2020)
2021-01-0739Consent MOTION for Extension of Time TO FILE REPLY BRIEF IN SUPPORT OF DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND TO FILE RESPONSE IN OPPOSITION TO PLAINTIFFS CROSS-MOTION FOR SUMMARY JUDGMENT re: 33 MOTION for Summary Judgment , 34 Cross MOTION for Summary Judgment with Brief In Support by United States Department of Justice. (Attachments: # 1 Brief Memorandum in Support, # 2 Text of Proposed Order)(Cooper, Lisa) (Entered: 01/07/2021)
2021-01-0740ORDER granting 39 Motion for Extension of Time through 1/15/21 for defendant to file a reply to the 33 MOTION for Summary Judgment and a response in opposition to the 34 Cross MOTION for Summary Judgment. Signed by Judge Mark H. Cohen on 1/7/21. (jpa) (Entered: 01/07/2021)
2021-01-1541RESPONSE in Opposition re 34 Cross MOTION for Summary Judgment filed by United States Department of Justice. (Attachments: # 1 Exhibit A-Second Declaration of Michael G. Seidel)(Cooper, Lisa) (Entered: 01/15/2021)
2021-01-1542RESPONSE to Statement of Material Facts re 34 Cross MOTION for Summary Judgment filed by United States Department of Justice. (Cooper, Lisa) Modified on 1/19/2021 to edit docket text (jpa). (Entered: 01/15/2021)
2021-01-1543Statement of Material Facts re 33 MOTION for Summary Judgment (Additional Facts) filed by United States Department of Justice. (Cooper, Lisa) (Entered: 01/15/2021)
2021-01-1544RESPONSE in Support re 33 MOTION for Summary Judgment filed by United States Department of Justice. (Attachments: # 1 Exhibit A-Second Declaration of Michael G. Seidel)(Cooper, Lisa) (Entered: 01/15/2021)
2021-01-1945Response to Statement of Material Facts re 34 Cross MOTION for Summary Judgment filed by United States Department of Justice. (jpa) (Entered: 01/19/2021)
2021-01-2846TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (rvb) (ADI) (Entered: 01/28/2021)
2021-01-2947Response to Statement of Material Facts re 34 Cross MOTION for Summary Judgment filed by Southeastern Legal Foundation, Inc.. (O'Leary, Celia) (Entered: 01/29/2021)
2021-01-2948REPLY BRIEF re 34 Cross MOTION for Summary Judgment filed by Southeastern Legal Foundation, Inc.. (O'Leary, Celia) (Entered: 01/29/2021)
2021-02-02Submission of the 34 Cross MOTION for Summary Judgment to District Judge Mark H. Cohen. (aaq) (Entered: 02/02/2021)
2021-03-1049ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (ddm) (ADI) (Entered: 03/10/2021)
2021-08-1250ORDER: It is hereby ORDERED that Defendant United States Department of Justice's Motion for Summary Judgment [Doc. 33 ] and Plaintiff Southeastern Legal Foundation, Inc.'s Cross-Motion for Summary Judgment [Doc. 34 ] are DENIED WITHOUT PREJUDICE to refile upon the DOJ's submission of a reasonably detailed affidavit in accordance with this Order. The Court fully expects that the parties will now file precisely the same revised motions for summary judgment that are currently pending before Judge Boulee. See SLF I [Docs. 48 , 49 ]. It is a colossal waste of judicial resources, not to mention expenses undertaken by the parties, to continue to file duplicative motions and briefs in both cases. Accordingly, it is further ORDERED that the parties shall SHOW CAUSE IN WRITING, within ten (10) days of this Order, if any there be, why this Court should not enter an order to consolidate this case with SLF I pending before Judge Boulee. Signed by Judge Mark H. Cohen on 8/12/2021. (tmf) (Entered: 08/12/2021)
2021-08-2051RESPONSE TO ORDER TO SHOW CAUSE filed by United States Department of Justice. (Cooper, Lisa) (Entered: 08/20/2021)
2021-08-2352ORDER: Pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure, it is hereby ORDERED that this action shall be consolidated with Se. Legal Found., Inc. v. United States Dep't of Justice, No. 1:19-CV-3215-JPB. Consequently, all future filings shall occur only in the first-filed case, No. 1:19- CV-3215-JPB. The Clerk is DIRECTED to administratively close the above styled case. Signed by Judge Mark H. Cohen on 8/23/2021. (tmf) (Entered: 08/23/2021)
2021-08-23Civil Case Terminated. (tmf) (Entered: 08/23/2021)
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