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Case TitlePROTECT DEMOCRACY PROJECT, INC. v. U.S. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv03232
Date Filed2019-10-28
Date Closed2020-05-08
JudgeJudge Trevor N. McFadden
PlaintiffPROTECT DEMOCRACY PROJECT, INC.
Case DescriptionProtect Democracy Project submitted FOIA requests to the FBI and U.S. Secret Service for records concerning explicit or implicit threats of violence by white supremacists or hate groups received by the agencies pertaining to the Trump campaign. PDP also requested expedited processing and a fee waiver. Both agencies acknowledged receipt of the request. The Secret Service told PDP that its request was too broad to search. PDP narrowed its request, but after hearing nothing further from the agencies, PDP filed suit.
Complaint issues: Litigation - Vaughn index, Public Interest Fee Waiver, Expedited processing, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
DefendantU.S. DEPARTMENT OF JUSTICE
TERMINATED: 03/25/2020
DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-10-281COMPLAINT against All Defendants (U.S. DEPARTMENT OF JUSTICE AND U.S. DEPARTMENT OF HOMELAND SECURITY) ( Filing fee $ 400 receipt number ADCDC-6483099) filed by PROTECT DEMOCRACY PROJECT, 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 Summons DOJ, # 10 Summons DHS, # 11 Summons AG, # 12 Summons USAO, # 13 Civil Cover Sheet)(Florence, Justin) (Entered: 10/28/2019)
2019-10-30Case assigned to Judge Trevor N. McFadden. (zmc) (Entered: 10/30/2019)
2019-10-302STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 10/30/2019. (lctnm1) (Entered: 10/30/2019)
2019-10-303LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PROTECT DEMOCRACY PROJECT, INC. (Florence, Justin) (Entered: 10/30/2019)
2019-10-304SUMMONS (4) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 10/30/2019)
2019-11-045MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Genevieve C. Nadeau, Filing fee $ 100, receipt number ADCDC-6505040. Fee Status: Fee Paid. by PROTECT DEMOCRACY PROJECT, INC. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Florence, Justin) (Entered: 11/04/2019)
2019-11-046MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Stephanie Llanes, Filing fee $ 100, receipt number ADCDC-6505087. Fee Status: Fee Paid. by PROTECT DEMOCRACY PROJECT, INC. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Florence, Justin) (Entered: 11/04/2019)
2019-11-05MINUTE ORDER granting the 5 Motion for Leave to Appear Pro Hac Vice of Genevieve C. Nadeau. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Trevor N. McFadden on 11/05/2019. (lctnm1) (Entered: 11/05/2019)
2019-11-05MINUTE ORDER granting the 6 Motion for Leave to Appear Pro Hac Vice of Stephanie Llanes. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Trevor N. McFadden on 11/05/19. (lctnm1) (Entered: 11/05/2019)
2019-11-067RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/4/2019. Answer due for ALL FEDERAL DEFENDANTS by 12/4/2019. (Florence, Justin) (Entered: 11/06/2019)
2019-11-068RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/04/2019. (Florence, Justin) (Entered: 11/06/2019)
2019-11-069RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 11/4/2019; U.S. DEPARTMENT OF JUSTICE served on 11/4/2019 (Florence, Justin) (Entered: 11/06/2019)
2019-11-1210NOTICE of Appearance by Katherine Boyd Palmer-Ball on behalf of All Defendants (Palmer-Ball, Katherine) (Entered: 11/12/2019)
2019-11-1811NOTICE of Appearance by Genevieve Clair Nadeau on behalf of PROTECT DEMOCRACY PROJECT, INC. (Nadeau, Genevieve) (Entered: 11/18/2019)
2019-11-1812NOTICE of Appearance by Stephanie Llanes on behalf of PROTECT DEMOCRACY PROJECT, INC. (Llanes, Stephanie) (Entered: 11/18/2019)
2019-12-0413ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE.(Palmer-Ball, Katherine) (Entered: 12/04/2019)
2019-12-05MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before December 27, 2019. Signed by Judge Trevor N. McFadden on 12/05/2019. (lctnm1) (Entered: 12/05/2019)
2019-12-05Set/Reset Deadlines: Joint Status Report due by 12/27/2019. (hmc) (Entered: 12/05/2019)
2019-12-2014Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 12/20/2019)
2019-12-20MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, it is hereby ORDERED that the briefing schedule for Cross-Motions for Summary Judgment shall be as follows: Defendants' Motion for Summary Judgment shall be filed on or before February 14, 2020; Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be filed on or before March 16, 2020; Defendants' Reply in Support of their Motion and Opposition to Plaintiff's Cross-Motion shall be filed on or before April 15, 2020; Plaintiff's Reply in Support of its Cross-Motion shall be filed on or before May 6, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/20/2019. (lctnm1) (Entered: 12/20/2019)
2019-12-23Set/Reset Deadlines: Defendants' Motion for Summary Judgment due by 2/14/2020. Plaintiff's Opposition and Cross-Motion for Summary Judgment due by 3/16/2020. Defendants' Reply in Support of their Motion and Opposition to Plaintiff's Cross-Motion due by 4/15/2020. Plaintiff's Reply in Support of its Cross-Motion due by 5/6/2020. (hmc) (Entered: 12/23/2019)
2020-02-1115Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 02/11/2020)
2020-02-12MINUTE ORDER granting Defendants' 15 Consent Motion for Extension of Time to File Motion for Summary Judgment. It is hereby ORDERED that the amended briefing schedule for Cross-Motions for Summary Judgment shall be as follows: Defendants' Motion for Summary Judgment shall be filed on or before February 28, 2020; Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be filed on or before March 30, 2020; Defendants' Reply in Support of their Motion and Opposition to Plaintiff's Cross-Motion shall be filed on or before April 29, 2020; Plaintiff's Reply in Support of its Cross-Motion shall be filed on or before May 20, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/12/2020. (lctnm1) (Entered: 02/12/2020)
2020-02-12Set/Reset Deadlines: Defendants' Motion for Summary Judgment due by 2/28/2020. Plaintiff's Opposition and Cross-Motion due by 3/30/2020. Defendants' Reply and Opposition due by 4/29/2020. Plaintiff's Reply due by 5/20/2020. (hmc) (Entered: 02/12/2020)
2020-02-2816MOTION for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Statement of Facts, # 5 Text of Proposed Order)(Palmer-Ball, Katherine) (Entered: 02/28/2020)
2020-03-2317Consent MOTION to Dismiss as to Defendant DOJ , Joint MOTION to Stay Briefing Schedule by PROTECT DEMOCRACY PROJECT, INC. (Attachments: # 1 Text of Proposed Order)(Llanes, Stephanie) (Entered: 03/23/2020)
2020-03-25MINUTE ORDER. Upon consideration of Plaintiff's 17 Consent Motion to Dismiss and Motion to Stay, it is hereby ORDERED that the U.S. Department of Justice is dismissed from this action with prejudice, with each party to bear its own fees and costs. It is further ORDERED that Defendants' 16 Motion for Summary Judgment is DENIED without prejudice. Plaintiff's Motion to Stay is DENIED as moot. The parties shall file a Joint Status Report on or before May 15, 2020. The status report should address, among other things, the status of Plaintiff's FOIA request and the anticipated date(s) for release of the remaining documents requested by Plaintiff. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/25/2020. (lctnm1) (Entered: 03/25/2020)
2020-03-26Set/Reset Deadlines: Joint Status Report due by 5/15/2020. (hmc) (Entered: 03/26/2020)
2020-05-0818STIPULATION of Dismissal by U.S. DEPARTMENT OF HOMELAND SECURITY. (Palmer-Ball, Katherine) (Entered: 05/08/2020)
2020-05-08MINUTE ORDER. Upon consideration of the parties' 18 Joint Stipulation of Dismissal, this matter is DISMISSED with prejudice per the terms of the stipulation. Each party shall bear its own fees and costs, as stipulated. The Clerk of the Court is directed to close the case. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/8/2020. (lctnm1) (Entered: 05/08/2020)
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